,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hcji ,,in ,,the ,,house ,,of ,,representatives ,september #ag1 #bjbj,mr4 ,rogers of ,alabama 7for himself1 ,mr4 ,king of ,new ,york1 ,mr4 ,mc,caul1 ,mr4 ,katko1 ,mr4 ,walker1 ,mr4 ,higgins of ,louisiana1 ,mrs4 ,lesko1 ,mr4 ,green of ,tennessee1 ,mr4 ,joyce of ,pennsylvania1 ,mr4 ,crenshaw1 ,mr4 ,guest1 ,mr4 ,bishop of ,north ,carolina1 ,mr4 ,van ,drew1 and ,mr4 ,garcia of ,california7 introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committees on the ,judiciary1 ,ways and ,means1 ,transportation and ,infrastructure1 ,oversight and ,reform1 ,energy and ,commerce1 ,foreign ,affairs1 and ,house ,administration1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to authorize certain authorities of the ,department of ,homeland ,security1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,keep ,america ,secure ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,authorization of appropriations4,title ,i--,management ,reform and ,accountability,subtitle ,a--,headquarters ,operation,sec4 #aja4 ,homeland security enterprise defined4,sec4 #ajb4 ,functions and components of headquarters of ,department of ,homeland ,security4,sec4 #ajc4 ,repeal of ,director of ,shared ,services and ,office of ,counternarcotics ,enforcement of ,department of ,homeland ,security4,sec4 #ajd4 ,responsibilities and functions of ,chief ,privacy ,officer4,sec4 #aje4 ,unmanned ,aircraft ,systems ,countermeasures ,coordinator4,sec4 #ajf4 ,responsibilities of ,chief ,financial ,officer4,sec4 #ajg4 ,chief ,information ,officer4,sec4 #ajh4 ,quadrennial homeland security review4,sec4 #aji4 ,office of ,strategy1 ,policy1 and ,plans4,sec4 #aaj4 ,chief ,procurement ,officer4,sec4 #aaa4 ,chief ,security ,officer4,sec4 #aab4 ,office of ,partnership and ,engagement4,sec4 #aac4 ,department of ,homeland ,security rotation program4,sec4 #aad4 ,annual submission to ,congress of information regarding reprogramming or transfer of ,department of ,homeland ,security resources to respond to operational surges4,sec4 #aae4 ,overseas personnel briefing4,subtitle ,b--,acquisition ,reform,sec4 #aba4 ,acquisition ,review ,board4,sec4 #abb4 ,acquisition authorities for ,under ,secretary for ,management of the ,department of ,homeland ,security4,sec4 #abc4 ,acquisition authorities for ,under ,secretary of ,strategy1 ,policy1 and ,plans4,sec4 #abd4 ,acquisition authorities for ,program ,accountability and ,risk ,management 7,,parm74,sec4 #abe4 ,government ,accountability ,office review of board and of requirements to reduce duplication in acquisition programs4,sec4 #abf4 ,excluded party list system waivers4,sec4 #abg4 ,inspector general oversight of suspension and debarment4,sec4 #abh4 ,congressional notification for major acquisition programs4,sec4 #abi4 ,multiyear acquisition strategy4,sec4 #acj4 ,acquisition reports4,sec4 #aca4 ,prohibition on operation or procurement of foreign-made unmanned aircraft systems4,sec4 #acb4 ,establishment of the ,office of ,biometric ,identity ,management4,subtitle ,c--,management of ,programs,sec4 #ada4 ,department of ,homeland ,security enhanced hiring4,sec4 #adb4 ,fitness standards4,sec4 #adc4 ,training to protect the vulnerable4,sec4 #add4 ,department of ,homeland ,security ,blue ,campaign enhancement4,title ,,ii--,intelligence and ,information ,sharing,subtitle ,a--,,dhs ,intelligence ,enterprise,sec4 #bja4 ,annual homeland threat assessments4,sec4 #bjb4 ,homeland intelligence doctrine4,sec4 #bjc4 ,comptroller ,general assessment4,sec4 #bjd4 ,analysts for the chief intelligence officer4,sec4 #bje4 ,establishment of ,insider ,threat ,program4,sec4 #bjf4 ,department of ,homeland ,security counterintelligence vetting task force4,sec4 #bjg4 ,visa security4,sec4 #bjh4 ,chemical1 biological1 radiological1 and nuclear intelligence and information sharing4,sec4 #bji4 ,inland waters threat analysis4,sec4 #baj4 ,transnational criminal organizations threat assessment4,sec4 #baa4 ,department of ,homeland ,security counterterrorism advisory board4,sec4 #bab4 ,national ,vetting ,center4,sec4 #bac4 ,national ,vetting ,governance ,board4,subtitle ,b--,information ,sharing,sec4 #bae4 ,department of ,homeland ,security ,fusion ,center ,partnership ,initiative4,sec4 #baf4 ,fusion center personnel needs assessment4,sec4 #bag4 ,program for ,state and local analyst clearances4,sec4 #bah4 ,information technology assessment4,sec4 #bai4 ,department of ,homeland ,security classified facility inventory and dissemination4,sec4 #bbj4 ,terror inmate information sharing4,sec4 #bba4 ,enhancing ,department of ,homeland ,security suspicious activity reporting operations4,title ,,iii--,cybersecurity,sec4 #cja4 ,cybersecurity ,advisory ,committee4,sec4 #cjb4 ,cybersecurity essentials4,sec4 #cjc4 ,establishment of continuous diagnostics and mitigation program in the ,cybersecurity and ,infrastructure ,security ,agency4,sec4 #cjd4 ,administrative subpoena authority4,sec4 #cje4 ,,cisa ,director term limitation4,sec4 #cjf4 ,state1 local1 ,tribal1 and territorial cybersecurity4,sec4 #cjg4 ,cybersecurity workforce4,sec4 #cjh4 ,election security4,sec4 #cji4 ,protection from liability4,sec4 #caj4 ,permanent extension of chemical facility anti-terrorism standards program of the ,department of ,homeland ,security4,sec4 #caa4 ,cybersecurity research and development projects4,sec4 #cab4 ,loan repayment program4,sec4 #cac4 ,exclusion of certain student loan repayments4,sec4 #cad4 ,scholarship for service4,sec4 #cae4 ,cybersecurity and ,infrastructure ,security ,agency review4,sec4 #caf4 ,strategy to secure email4,sec4 #cag4 ,strengthening ,federal networks4,sec4 #cah4 ,authorization of appropriations4,title ,,iv--,border and ,visa ,security,sec4 #dja4 ,additional ,u4,s4 ,customs and ,border ,protection agents and officers4,sec4 #djb4 ,establishment of workload staffing models for ,u4,s4 ,border ,patrol and ,air and ,marine ,operations of ,,cbp4,sec4 #djc4 ,u4,s4 ,customs and ,border ,protection retention incentives4,sec4 #djd4 ,study on efficacy of certain personnel screening methods for ,u4,s4 ,customs and ,border ,protection use4,sec4 #dje4 ,hiring flexibility4,sec4 #djf4 ,supplemental commissioner authority and definitions4,sec4 #djg4 ,technical and conforming amendment4,sec4 #djh4 ,ports of entry infrastructure4,sec4 #dji4 ,u4,s4 ,customs and ,border ,protection technology upgrades4,sec4 #daj4 ,physical barriers along the southwest border4,sec4 #daa4 ,air and ,marine ,operations flight hours4,sec4 #dab4 ,amendments to ,u4,s4 ,customs and ,border ,protection4,sec4 #dac4 ,continuous screening by ,u4,s4 ,customs and ,border ,protection4,sec4 #dad4 ,customs ,trade ,partnership ,against ,terrorism4,sec4 #dae4 ,strategy to ensure detection of all opioid purity levels at ports of entry4,sec4 #daf4 ,authorization of the immigration advisory program4,sec4 #dag4 ,border security technology accountability4,sec4 #dah4 ,establishment of ,u4,s4 ,immigration and ,customs ,enforcement4,sec4 #dai4 ,biometric ,identification ,transnational ,migration ,alert ,program4,sec4 #dbj4 ,reporting of visa overstays4,sec4 #dba4 ,student and exchange visitor information system verification4,sec4 #dbb4 ,social media review of visa applicants4,sec4 #dbc4 ,homeland security investigations national gang unit4,sec4 #dbd4 ,homeland security investigations transnational criminal investigative units4,sec4 #dbe4 ,homeland security investigations innovation lab4,sec4 #dbf4 ,establishment of ,united ,states ,citizenship and ,immigration ,services4,sec4 #dbg4 ,fraud prevention4,sec4 #dbh4 ,border security and trade modernization trust fund4,sec4 #dbi4 ,border security improvement plan4,sec4 #dcj4 ,integrated ,border ,enforcement ,teams4,sec4 #dca4 ,no ban on information sharing4,sec4 #dcb4 ,border ,security ,advisory ,committee4,sec4 #dcc4 ,border tunnel detection4,sec4 #dcd4 ,subterranean operations4,sec4 #dce4 ,border enforcement security task force updates4,sec4 #dcf4 ,extension of port of entry donation authority4,title ,v--,transportation ,security,sec4 #eja4 ,authorization of appropriations for salaries1 operation1 and maintenance of the ,transportation ,security ,administration4,sec4 #ejb4 ,retention of security service fee by the ,transportation ,security ,administration4,sec4 #ejc4 ,emerging and future threats task force4,sec4 #ejd4 ,comptroller ,general review4,sec4 #eje4 ,enrollment redress4,sec4 #ejf4 ,training required4,sec4 #ejg4 ,identity and travel document verification4,sec4 #ejh4 ,standard operating procedures at airport checkpoints4,sec4 #eji4 ,canine detection research and development4,sec4 #eaj4 ,security incident response at airports and surface transportation hubs4,sec4 #eaa4 ,alternate new security screening personnel training program cost and feasibility study4,sec4 #eab4 ,prohibition of advance notice of covert testing to security screeners4,sec4 #eac4 ,explosive detection technology4,sec4 #ead4 ,recurrent vetting for surface transportation credential-holders4,sec4 #eae4 ,biometrics for ,,tsa ,pre,check4,sec4 #eaf4 ,secure ,flight program4,sec4 #eag4 ,known ,crew ,member program4,sec4 #eah4 ,screening ,partnership ,program4,sec4 #eai4 ,headquarters efficiency4,sec4 #ebj4 ,repeal of regulations4,sec4 #eba4 ,sensitive security information4,sec4 #ebb4 ,international aviation security4,sec4 #ebc4 ,office of ,inspection accountability4,sec4 #ebd4 ,checkpoints of the future4,sec4 #ebe4 ,air cargo security4,sec4 #ebf4 ,childcare4,sec4 #ebg4 ,passengers with physical or cognitive disabilities4,sec4 #ebh4 ,,tsa ,human ,capital ,strategic ,plan4,sec4 #ebi4 ,screening technology deployment4,sec4 #ecj4 ,review of aviation security stakeholder access to ,homeland ,security ,information ,network4,sec4 #eca4 ,airport public area security enhancement4,title ,,vi--,emergency ,preparedness1 ,response1 and ,recovery,subtitle ,a--,grants1 ,training1 ,exercises1 and ,coordination,sec4 #fja4 ,urban ,area ,security ,initiative4,sec4 #fjb4 ,state ,homeland ,security ,grant ,program4,sec4 #fjc4 ,grants to directly eligible tribes4,sec4 #fjd4 ,law enforcement terrorism prevention4,sec4 #fje4 ,prioritization4,sec4 #fjf4 ,allowable uses4,sec4 #fjg4 ,memoranda of understanding4,sec4 #fjh4 ,grants metrics4,sec4 #fji4 ,grant management best practices4,sec4 #faj4 ,prohibition on consolidation4,sec4 #faa4 ,maintenance of grant investments4,sec4 #fab4 ,allowable uses of funds for public transportation security assistance grants4,sec4 #fac4 ,periods of performance for public transportation security assistance grants4,sec4 #fad4 ,comptroller ,general review of public transportation security assistance grant program4,sec4 #fae4 ,port security grant program4,sec4 #faf4 ,cyber preparedness4,sec4 #fag4 ,operation ,stonegarden4,subtitle ,b--,communications,sec4 #fba4 ,office of ,emergency ,communications4,sec4 #fbb4 ,responsibilities of ,office of ,emergency ,communications ,director4,sec4 #fbc4 ,annual reporting on activities of the ,office of ,emergency ,communications4,sec4 #fbd4 ,national emergency communications plan4,sec4 #fbe4 ,technical edit4,sec4 #fbf4 ,public safety broadband network4,sec4 #fbg4 ,communications training4,subtitle ,c--,federal ,emergency ,management ,agency 7,,fema7,sec4 #fca4 ,short title4,sec4 #fcb4 ,reauthorization of ,federal ,emergency ,management ,agency4,sec4 #fcc4 ,national domestic preparedness consortium4,sec4 #fcd4 ,rural ,domestic ,preparedness ,consortium4,sec4 #fce4 ,center for ,faith-,based and ,neighborhood ,partnerships4,sec4 #fcf4 ,emergency support functions4,sec4 #fcg4 ,review of national incident management system4,sec4 #fch4 ,remedial action management program4,sec4 #fci4 ,strategic human capital plan4,sec4 #fdj4 ,office of ,disability ,integration and ,coordination4,sec4 #fda4 ,,fema ,senior ,law ,enforcement ,advisor4,sec4 #fdb4 ,technical amendments to national emergency management4,subtitle ,d--,genome ,editing ,threat ,assessment,sec4 #fea4 ,genome editing threat assessment4,title ,,vii--,pandemic ,preparedness,sec4 #gja4 ,chief ,medical ,officer4,sec4 #gjb4 ,medical countermeasures program4,sec4 #gjc4 ,personal protective equipment4,sec4 #gjd4 ,teleworking assessment4,sec4 #gje4 ,transportation security public health threat preparedness4,sec4 #gjf4 ,securing critical supplies4 #b4 ,authorization of appropriations ,there is authorized to be appropriated for the necessary expenses of the ,department of ,homeland ,security authorized by this ,act1 the amendments made by this ,act1 and other provisions of law 7including relevant provisions of title #di1 ,united ,states ,code1 and the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq477-- 7#a7 #ei1ajj1jjj1jjj for fiscal year #bjba1 of which-- 7,a7 #aa1ige1idb1ihj shall be for grants and agency expenditures as provided in titles ,,iii1 ,,iv1 ,v1 and ,,vi and the amendments made by such titles2 and 7,b7 #g1iag1icf1jjj shall be for the ,transportation ,security ,administration as provided by section #aad7w7 of title #di1 ,united ,states ,code2 and 7#b7 #fj1bjj1jjj1jjj for fiscal year #bjbb1 of which #bj1dgg1gba1hdj shall be for grants and agency expenditures as provided in titles ,,iii1 ,,iv1 ,v1 and ,,vi and the amendments made by such titles4 ,i ,management ,reform and ,accountability ,a ,headquarters ,operation #aja4 ,homeland security enterprise defined ,section #b of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja7 is amended-- 7#a7 by redesignating paragraphs 7#i7 through 7#bj7 as paragraphs 7#aj7 through 7#ba71 respectively2 and 7#b7 by inserting after paragraph 7#h7 the following new paragraph 7#i73 7#i7 ,the term homeland security enterprise means any relevant governmental or nongovernmental entity involved in homeland security1 including a ,federal1 ,state1 or local government official1 private sector representative1 academic1 or other policy expert4 4 #ajb4 ,functions and components of headquarters of ,department of ,homeland ,security ,section #ajb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aab7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by striking and after the semicolon at the end2 7,b7 in paragraph 7#c71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7#d7 may enter into agreements with governments of other countries1 in consultation with the ,secretary of ,state and international nongovernmental organizations1 in order to achieve the missions of the ,department4 2 and 7#b7 in subsection 7c71 in the matter preceding paragraph 7#a71 by striking through the ,office of ,state and ,local ,coordination 7established under section #hja7 and inserting through the ,office of ,partnership and ,engagement2 and 7#c7 by adding at the end the following new subsection3 7h7 ,headquarters 7#a7 ,components ,there is in the ,department a ,headquarters4 ,the ,department ,headquarters shall include each of the following3 7,a7 ,the ,office of the ,secretary4 7,b7 ,the ,office of the ,deputy ,secretary4 7,c7 ,the ,executive ,secretary4 7,d7 ,the ,management ,directorate1 including the ,office of the ,chief ,financial ,officer4 7,e7 ,the ,science and ,technology ,directorate4 7,f7 ,the ,office of ,strategy1 ,policy1 and ,plans4 7,g7 ,the ,office of the ,general ,counsel4 7,h7 ,the ,office of the ,chief ,privacy ,officer4 7,i7 ,the ,office for ,civil ,rights and ,civil ,liberties4 7,j7 ,the ,office of ,operations ,coordination4 7,k7 ,the ,office of ,intelligence and ,analysis4 7,l7 ,the ,office of ,legislative ,affairs4 7,m7 ,the ,office of ,public ,affairs4 7,n7 ,the ,office of the ,inspector ,general4 7,o7 ,the ,office of the ,citizenship and ,immigration ,services ,ombudsman4 7,p7 ,the ,office of ,partnership and ,engagement4 7,q7 ,the ,countering ,weapons of ,mass ,destruction ,office4 7#b7 ,functions ,the ,secretary1 acting through the appropriate official of the ,headquarters1 shall-- 7,a7 establish an overall strategy to successfully further the mission of the ,department2 7,b7 establish initiatives that improve ,department-wide operational performance2 7,c7 establish mechanisms to-- 7i7 ensure that components of the ,department comply with ,department policies and fully implement the strategies and initiatives of the ,secretary2 and 7ii7 require the head of each component of the ,department and component chief officers to comply with such policies and implement such strategies and initiatives2 7,d7 establish annual operational and management objectives to evaluate the performance of the ,department2 7,e7 ensure that the ,department successfully meets operational and management performance objectives through conducting oversight of component agencies2 7,f7 ensure that the strategies1 priorities1 investments1 and workforce of ,department components align with ,department objectives2 7,g7 establish and implement policies related to ,department ethics and compliance standards2 7,h7 establish and implement1 in consultation with the ,office of ,civil ,rights and ,civil ,liberties1 policies which preserve individual liberty1 fairness1 and equality under the law2 7,i7 manage and encourage shared services across ,department components2 7,j7 lead and coordinate interaction with ,congress and other external organizations2 and 7,k7 carry out other such functions as the ,secretary determines are appropriate4 4 #ajc4 ,repeal of ,director of ,shared ,services and ,office of ,counternarcotics ,enforcement of ,department of ,homeland ,security 7a7 ,abolishment of ,director of ,shared ,services 7#a7 ,abolishment ,the position of ,director of ,shared ,services of the ,department of ,homeland ,security is abolished4 7#b7 ,conforming amendment ,the ,homeland ,security ,act of #bjjb is amended by striking section #dge 7#f ,u4,s4,c4 #bie74 7#c7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by striking the item relating to section #dge4 7b7 ,abolishment of the ,office of ,counternarcotics ,enforcement 7#a7 ,abolishment ,the ,office of ,counternarcotics ,enforcement is abolished4 7#b7 ,conforming amendments ,the ,homeland ,security ,act of #bjjb is amended-- 7,a7 in subparagraph 7,b7 of section #hdc7;b77#a7 7#f ,u4,s4,c4 #dac7;b77#a771 by striking by-- and all that follows through the end of that subparagraph and inserting by the ,secretary2 and2 and 7,b7 by striking section #hgh 7#f ,u4,s4,c4 #aab74 7#c7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by striking the item relating to section #hgh4 #ajd4 ,responsibilities and functions of ,chief ,privacy ,officer 7a7 ,in general ,section #bbb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #adb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by inserting to be the ,chief ,privacy ,officer of the ,department and1 if the ,secretary so appoints1 the ,chief ,freedom of ,information ,act 7,,foia7 ,officer1 after in the ,department12 and 7ii7 by striking to the ,secretary1 to assume primary responsibility for privacy policy and inserting to the ,secretary4 ,such official shall be deemed the equivalent of an ,assistant ,secretary1 and shall assume primary responsibility for privacy policy and1 if determined appropriate by the ,secretary1 ,,foia policy1 of the ,department2 7,b7 in paragraph 7#e77;,b71 by striking and at the end2 and 7,c7 by striking paragraph 7#f7 and inserting the following new paragraphs3 7#f7 developing guidance and recommendations to assist components of the ,department in developing privacy policies and practices2 7#g7 establishing a mechanism to ensure such components are in compliance with ,federal1 regulatory1 statutory1 and ,department privacy requirements1 mandates1 directives1 and policies2 7#h7 working with the ,chief ,information ,officer of the ,department to identify methods for managing and overseeing the records1 management policies1 and procedures of the ,department2 7#i7 working with components and offices of the ,department to ensure that policy development1 information sharing1 and information management activities incorporate disclosure considerations and privacy protections2 7#aj7 serving as the ,chief ,,foia ,officer of the ,department for purposes of subsection 7j7 of section #eeb of title #e1 ,united ,states ,code 7popularly known as the ,freedom of ,information ,act71 to manage and process requests related to such section2 7#aa7 developing guidance on procedures to be followed by individuals making requests for information under such section #eeb2 7#ab7 overseeing hiring of ,,foia officers and the management and processing of requests for information under such section #eeb within ,department ,headquarters and relevant ,department component offices2 7#ac7 identifying and eliminating unnecessary and duplicative technology and actions taken by the ,department in the course of processing requests for information under such section #eeb2 7#ad7 preparing an annual report to ,congress that includes a description of-- 7,a7 the activities of the ,department that affect privacy during the fiscal year covered by the report1 including complaints of privacy violations1 implementation of section #eeb;a of title #e1 ,united ,states ,code 7popularly known as the ,privacy ,act of #aigd71 internal controls1 and other matters2 and 7,b7 insignificant programs implemented or revised in the ,department during the fiscal year covered by the report1 the number of programs that the ,chief ,privacy ,officer has evaluated to ensure that privacy protections are considered and implemented1 the number of programs reviewed that effectively implemented privacy protections1 and an explanation of why any new programs did not effectively implement privacy protections2 7#ae7 issuing guidance to relevant ,department component offices to ensure uniform disclosure policies and processes to administer such section #eeb2 and 7#af7 carrying out such other responsibilities as the ,secretary determines are appropriate1 consistent with this section4 2 and 7#b7 by adding at the end the following new subsections3 7f7 ,reassignment of functions ,notwithstanding any requirement under this section1 the ,secretary may reassign the functions related to managing and processing requests for information under section #eeb of title #e1 ,united ,states ,code1 to another officer within the ,department1 consistent with requirements of such section4 7g7 ,working group 7#a7 ,in general ,the ,chief ,privacy ,officer1 or1 if the ,secretary determines appropriate1 whoever is appointed by the ,secretary as the ,chief ,,foia ,officer1 shall establish and serve as the ,chair of a working group comprised of personnel from across the ,department who are involved in executing disclosure policies and processes involved in administration of section #eeb of title #e1 ,united ,states ,code 7commonly referred to as the ,freedom of ,information ,act74 7#b7 ,purpose ,the working group established in accordance with paragraph 7#a7 shall be a forum-- 7,a7 for the sharing of information and best practices2 and 7,b7 to develop solutions to challenges encountered within ,department component offices relating to disclosure policies and processes referred to in such paragraph4 7#c7 ,responsibilities ,members of the working group shall meet not less than once every quarter to advise the ,chair on matters concerning disclosure policies and processes involved in the administration of section #eeb of title #e1 ,united ,states ,code1 including on the following matters3 7,a7 ,the development of guidance for uniform disclosure policies and processes1 in accordance with paragraph 7#ae7 of subsection 7a74 7,b7 ,ways to reduce unnecessary redundancies that may undermine the responsive and efficient processing of requests for information under such section #eeb4 4 #aje4 ,unmanned ,aircraft ,systems ,countermeasures ,coordinator 7a7 ,in general ,title ,,iii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aha et seq47 is amended by adding at the end the following new section3 #cba4 ,countering ,unmanned ,aircraft ,systems ,coordinator 7a7 ,coordinator ,the ,secretary shall designate a senior official of the ,office of ,strategy1 ,policy1 and ,plans of the ,department as the ,countering ,unmanned ,aircraft ,systems 7,,uas7 ,coordinator 7in this section referred to as the ,coordinator7 to coordinate with relevant ,department offices and components1 including the ,office for ,civil ,rights and ,civil ,liberties and the ,privacy ,office and other relevant ,federal agencies1 as appropriate1 on the development of policies and plans to counter threats associated with ,,uas in accordance with section #baj;,g1 including the following3 7#a7 ,promoting research and development of counter ,,uas technologies1 in coordination with the ,office of ,science and ,technology of the ,department4 7#b7 ,ensuring the dissemination of information and guidance related to countering ,,uas threats4 7#c7 ,coordinate with the relevant components and offices of the ,department1 including the ,office of ,intelligence and ,analysis1 to ensure the sharing and retention of information1 guidance1 and intelligence relating to countering ,,uas threats1 counter ,,uas threat assessment1 and counter ,,uas technology4 7#d7 ,serving as the ,department point of contact for ,federal1 ,state1 local1 and ,tribal law enforcement entities and the private sector regarding the ,department's activities related to countering ,,uas4 7#e7 ,carrying out other related ,,uas authorities and activities under such section #baj;,g1 as directed by the ,secretary4 7b7 ,coordination with applicable ,federal laws ,the ,coordinator shall1 in addition to other assigned duties1 coordinate with relevant ,department offices and components and other relevant ,federal agencies1 as appropriate1 to ensure testing1 evaluation1 or deployment of a system used to identify1 assess1 or defeat a ,,uas is carried out in accordance with applicable ,federal laws4 7c7 ,coordination with private sector ,the ,coordinator shall1 working with the ,office of ,partnership and ,engagement and other relevant ,department offices and components1 or other ,federal agencies1 as appropriate1 serve as the principal ,department official responsible for disseminating to the private sector information regarding counter ,,uas technology1 particularly information regarding instances in which counter ,,uas technology may impact lawful private sector services or systems4 7d7 ,termination ,the authority to carry out this section terminates on the date specified in section #baj;,g7i74 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #cbj the following new item3 ,sec4 #cba4 ,countering ,unmanned ,aircraft ,systems ,coordinator4 4 #ajf4 ,responsibilities of ,chief ,financial ,officer 7a7 ,in general ,section #gjb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdb7 is amended-- 7#a7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 and 7#b7 by inserting after subsection 7a7 the following new subsection 7b73 7b7 ,responsibilities ,in carrying out the responsibilities1 authorities1 and functions specified in section #ijb of title #ca1 ,united ,states ,code1 the ,chief ,financial ,officer shall-- 7#a7 oversee ,department budget formulation and execution2 7#b7 lead and provide guidance on performance-based budgeting practices for the ,department to ensure that the ,department and its components are meeting missions and goals2 7#c7 lead cost-estimating practices for the ,department1 including the development of policies on cost estimating and approval of life cycle cost estimates2 7#d7 coordinate with the ,office of ,strategy1 ,policy1 and ,plans to ensure that the development of the budget for the ,department is compatible with the long-term strategic plans1 priorities1 and policies of the ,secretary2 7#e7 develop financial management policy for the ,department and oversee the implementation of such policy1 including the establishment of effective internal controls over financial reporting systems and processes throughout the ,department2 7#f7 provide guidance for and over financial system modernization efforts throughout the ,department2 7#g7 lead the efforts of the ,department related to financial oversight1 including identifying ways to streamline and standardize business processes2 7#h7 oversee the costs of acquisition programs and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable1 or can be adequately funded1 over the life cycle of such programs and activities2 7#i7 fully implement a common accounting structure to be used across the entire ,department by fiscal year #bjbb2 and 7#aj7 track1 approve1 oversee1 and make public information on expenditures by components of the ,department for conferences1 as appropriate1 including by requiring each component to-- 7,a7 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 #bj1jjj1 within #ae days after the date of the conference2 and 7,b7 with respect to such expenditures1 provide to the ,inspector ,general-- 7i7 the information described in subsections 7a71 7b71 and 7c7 of section #gci of title ,,vii of division ,e of the ,consolidated and ,further ,continuing ,appropriations ,act1 #bjae 7,public ,law #aac-bce72 and 7ii7 documentation of such expenditures4 4 7b7 ,rule of construction ,nothing in the amendment made by this section may be construed as altering or amending the responsibilities1 authorities1 and functions of the ,chief ,financial ,officer of the ,department of ,homeland ,security under section #ijb of title #ca1 ,united ,states ,code4 #ajg4 ,chief ,information ,officer 7a7 ,in general ,section #gjc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdc7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following new sentence3 ,in addition to the functions under section #cejf7;a77#b7 of title #dd1 ,united ,states ,code1 the ,chief ,information ,officer shall perform the functions set forth in this section and such other functions as may be assigned by the ,secretary42 7#b7 by redesignating subsection 7b7 as subsection 7d72 and 7#c7 by inserting after subsection 7a7 the following new subsections3 7b7 ,responsibilities ,in addition to performing the functions under section #cejf of title #dd1 ,united ,states ,code1 the ,chief ,information ,officer shall serve as the lead technical authority for information technology programs of the ,department and ,department components1 and shall-- 7#a7 advise and assist the ,secretary1 heads of the components of the ,department1 and other senior officers in carrying out the responsibilities of the ,department for all activities relating to the budgets1 programs1 security1 and operations of the information technology functions of the ,department2 7#b7 to the extent delegated by the ,secretary1 exercise leadership and authority over ,department information technology management and establish the information technology priorities1 policies1 processes1 standards1 guidelines1 and procedures of the ,department to ensure interoperability and standardization of information technology2 7#c7 maintain a consolidated inventory of the mission critical and mission essential information systems of the ,department1 and develop and maintain contingency plans for responding to a disruption in the operation of any of those information systems2 7#d7 maintain the security1 visibility1 reliability1 integrity1 and availability of data and information technology of the ,department2 7#e7 establish and implement policies and procedures to effectively monitor and manage vulnerabilities in the supply chain for purchases of information technology1 in consultation with the ,chief ,procurement ,officer of the ,department2 7#f7 review contracts and interagency agreements associated with major information technology investments and information technology investments that have had cost1 schedule1 or performance challenges in the past2 7#g7 assess the risk of all major information technology investments and publicly report the risk rating to the ,office of ,management and ,budget2 7#h7 oversee the management of the ,homeland ,security ,enterprise ,architecture technology system and ensure that1 before each acquisition decision event 7as such term is defined in section #hci71 approved information technology acquisitions comply with any departmental information technology management requirements1 security protocols1 and the ,homeland ,security ,enterprise ,architecture1 and in any case in which information technology acquisitions do not comply with the ,department's management directives1 making recommendations to the ,department's ,acquisition ,review ,board regarding such noncompliance2 7#i7 provide recommendations to the ,acquisition ,review ,board regarding information technology programs1 and developing information technology acquisition strategic guidance2 and 7#aj7 carry out any other responsibilities delegated by the ,secretary consistent with an effective information system management function4 7c7 ,strategic plans ,in coordination with the ,chief ,financial ,officer1 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-- 7#a7 the budget of the ,department aligns with priorities specified in the information technology strategic plan2 7#b7 the information technology strategic plan informs the budget process of the ,department2 7#c7 information technology priorities were or were not funded and the reasons for not funding all priorities in a given fiscal year2 7#d7 the ,department has identified and addressed skills gaps needed to implement the information technology strategic plan2 and 7#e7 unnecessary duplicate information technology within and across the components of the ,department has been eliminated4 4 7b7 ,software licensing 7#a7 ,software inventory ,not later than #ahj days after the date of the enactment of this ,act and every two years thereafter until #bjbd1 the ,chief ,information ,officer of the ,department of ,homeland ,security1 in consultation with ,department component chief information officers1 shall-- 7,a7 conduct a ,department-wide inventory of all existing software licenses held by the ,department1 including utilized and unutilized licenses2 7,b7 assess the needs of the ,department and the components of the ,department for software licenses for the subsequent two fiscal years2 7,c7 examine how the ,department can achieve the greatest possible economies of scale and cost savings in the procurement of software licenses2 7,d7 determine how the use of shared cloud-computing services will impact the needs for software licenses for the subsequent two fiscal years2 7,e7 establish plans and estimated costs for eliminating unutilized software licenses for the subsequent two fiscal years2 and 7,f7 submit a copy of each inventory conducted under subparagraph 7,a7 to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7#b7 ,plan to reduce software licenses ,if the ,chief ,information ,officer determines through the inventory conducted under paragraph 7#a7 that the number of software licenses held by the ,department and the components of the ,department exceed the needs of the ,department1 not later than #ij days after the date on which the inventory is completed1 the ,secretary of ,homeland ,security shall establish a plan for reducing the number of such software licenses to meet needs of the ,department4 7#c7 ,prohibition on procurement of new software licenses 7,a7 ,in general ,except as provided in subparagraph 7,b71 upon completion of a plan under paragraph 7#b71 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 ,department4 7,b7 ,exception ,the ,chief ,information ,officer may authorize the purchase of additional licenses and amend the number of needed licenses as necessary4 7c7 ,comptroller ,general review ,not later than fiscal year #bjbb1 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 section4 7d7 ,completion of first definition of capabilities ,not later than one year after the date of the enactment of this ,act1 the ,chief ,information ,officer shall complete the first information technology strategic plan required under subsection 7c7 of section #gja of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a7 of this section4 #ajh4 ,quadrennial homeland security review 7a7 ,in general ,section #gjg of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdg7 is amended-- 7#a7 in subsection 7a77#c7-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,c7 by inserting after subparagraph 7,b7 the following new subparagraph 7,c73 7,c7 representatives from appropriate advisory committees established pursuant to section #hga1 including the ,homeland ,security ,advisory ,council and the ,homeland ,security ,science and ,technology ,advisory ,committee1 or otherwise established1 including the ,aviation ,security ,advisory ,committee established pursuant to section #ddidf of title #di1 ,united ,states ,code2 and 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by inserting before the semicolon at the end the following3 based on the risk assessment required pursuant to subsection 7c77#b77;,b72 7,b7 in paragraph 7#c7-- 7i7 by inserting 1 to the extent practicable1 after describe2 and 7ii7 by striking budget plan and inserting resources required2 7,c7 in paragraph 7#d7-- 7i7 by inserting 1 to the extent practicable1 after identify2 7ii7 by striking budget plan required to provide sufficient resources to successfully and inserting resources required to2 and 7iii7 by striking the semicolon at the end and inserting 1 including any resources identified from redundant1 wasteful1 or unnecessary capabilities and capacities that can be redirected to better support other existing capabilities and capacities1 as the case may be2 and2 7,d7 in paragraph 7#e71 by striking 2 and and inserting a period2 and 7,e7 by striking paragraph 7#f72 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking ,december #ca of the year and inserting #fj days after the date of the submittal of the ,president's budget for the fiscal year after the fiscal year2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,b71 by striking description of the threats to and inserting risk assessment of2 7ii7 in subparagraph 7,c71 by inserting 1 as required under subsection 7b77#b7 before the semicolon at the end2 7iii7 in subparagraph 7,d7-- 7,i7 by inserting to the extent practicable1 before a description2 and 7,,ii7 by striking budget plan and inserting resources required2 7iv7 in subparagraph 7,f7-- 7,i7 by inserting to the extent practicable1 before a discussion2 and 7,,ii7 by striking the status of2 7v7 in subparagraph 7,g7-- 7,i7 by inserting to the extent practicable1 before a discussion2 7,,ii7 by striking the status of2 7,,iii7 by inserting and risks before to national homeland2 and 7,,iv7 by inserting and after the semicolon at the end2 7vi7 by striking subparagraph 7,h72 and 7vii7 by redesignating subparagraph 7,i7 as subparagraph 7,h72 7#d7 by redesignating subsection 7d7 as subsection 7e72 and 7#e7 by inserting after subsection 7c7 the following new subsection3 7d7 ,review ,not later than #ij days after the submission of each report required under subsection 7c77#a71 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 ,department4 4 7b7 ,effective date ,the amendments made by this section shall apply with respect to a quadrennial homeland security review conducted after ,december #ca1 #bjbj4 #aji4 ,office of ,strategy1 ,policy1 and ,plans 7a7 ,in general ,section #gji of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdi7 is amended-- 7#a7 in subsection 7a71 by adding at the end he following3 ,the ,office of ,strategy1 ,policy1 and ,plans shall include the following components3 7#a7 ,the ,office of ,international ,affairs4 7#b7 ,the ,office of ,cyber ,policy4 7#c7 ,the ,office of ,strategy1 ,planning1 ,analysis1 and ,risk4 7#d7 ,the ,office of ,threat ,prevention and ,security ,policy4 7#e7 ,the ,office of ,border1 ,immigration1 and ,trade ,policy4 2 7#b7 by redesignating subsections 7e7 through 7g7 as subsections 7f7 through 7h71 respectively2 and 7#c7 by inserting after subsection 7d7 the following new subsection3 7e7 ,assistant ,secretary for ,international ,affairs ,the ,office of ,international ,affairs shall be led by an ,assistant ,secretary for ,international ,affairs appointed by the ,secretary4 ,the ,assistant ,secretary shall-- 7#a7 coordinate international activities within the ,department1 including activities carried out by the components of the ,department1 in consultation with other ,federal officials with responsibility for counterterrorism and homeland security matters2 7#b7 advise1 inform1 and assist the ,secretary with respect to the development and implementation of the policy priorities of the ,department1 including strategic priorities for the deployment of assets1 including personnel1 outside the ,united ,states2 7#c7 develop1 in consultation with the ,under ,secretary for ,management1 guidance for selecting1 assigning1 training1 and monitoring overseas deployments of ,department personnel1 including minimum standards for pre-deployment training2 7#d7 maintain awareness regarding the international travel of senior officers of the ,department and their intent to pursue negotiations with foreign government officials1 and review resulting draft agreements2 and 7#e7 perform such other functions as are established by law or delegated by the ,under ,secretary for ,policy4 4 7b7 ,abolishment of ,office of ,international ,affairs 7#a7 ,in general ,the ,office of ,international ,affairs within the ,office of the ,secretary of ,homeland ,security is abolished4 7#b7 ,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 ,act1 and the assets and personnel associated with such functions1 are transferred to the head of the ,office of ,international ,affairs provided for by section #gji of the ,homeland ,security ,act of #bjjb1 as amended by this section4 7#c7 ,conforming amendment ,the ,homeland ,security ,act of #bjjb is amended by striking section #hgi 7#f ,u4,s4,c4 #dei74 7#d7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by striking the item relating to section #hgi4 7c7 ,conforming amendments relating to ,assistant ,secretaries ,subsection 7a7 of section #ajc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aac7 is amended-- 7#a7 in the subsection heading1 by inserting 2 ,assistant ,secretaries and ,other ,officers after ,under ,secretaries2 7#b7 in paragraph 7#a71 by amending subparagraph 7,i7 to read as follows3 7,i7 ,an ,administrator of the ,transportation ,security ,administration4 2 7#c7 by amending paragraph 7#b7 to read as follows3 7#b7 ,assistant ,secretaries ,the following ,assistant ,secretaries shall be appointed by the ,president or the ,secretary1 as the case may be1 without the advice and consent of the ,senate3 7,a7 ,presidential appointments ,the ,department shall have the following officials appointed by the ,president3 7i7 ,the ,assistant ,secretary for the ,countering ,weapons of ,mass ,destruction ,office4 7ii7 ,the ,assistant ,secretary for ,public ,affairs4 7iii7 ,the ,assistant ,secretary for ,legislative ,affairs4 7iv7 ,the ,chief ,medical ,officer4 7,b7 ,secretarial appointments ,the ,department shall have the following ,assistant ,secretaries appointed by the ,secretary3 7i7 ,the ,principal ,assistant ,secretary for ,external ,affairs4 7ii7 ,the ,assistant ,secretary1 ,office of ,cybersecurity and ,communications4 7iii7 ,the ,assistant ,secretary for ,international ,affairs4 7iv7 ,the ,assistant ,secretary for ,partnership and ,engagement4 7v7 ,the ,assistant ,secretary for ,threat ,prevention and ,security ,policy4 7vi7 ,the ,assistant ,secretary for ,border1 ,immigration1 and ,trade ,policy4 7vii7 ,the ,assistant ,secretary for ,cyber1 ,infrastructure1 and ,resilience ,policy4 7viii7 ,the ,assistant ,secretary for ,strategy1 ,planning1 ,analysis1 and ,risk4 7ix7 ,the ,assistant ,secretary for ,state and ,local ,law ,enforcement4 2 and 7#d7 by adding at the end the following new paragraph3 7#c7 ,assistant ,secretary for ,legislative ,affairs ,the ,assistant ,secretary for ,legislative ,affairs shall oversee one internal reporting structure for engaging with authorizing and appropriating congressional committees4 4 7d7 ,homeland ,security ,advisory ,council ,subsection 7b7 of section #ajb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aab7 is amended-- 7#a7 in paragraph 7#b71 by striking and at the end2 7#b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#d7 shall establish a ,homeland ,security ,advisory ,council to provide advice and recommendations on homeland security-related matters1 including advice with respect to the preparation of the ,quadrennial ,homeland ,security ,review4 4 7e7 ,definitions ,in this section each of the terms functions1 assets1 and personnel has the meaning given each such term under section #b of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja74 7f7 ,duplication review 7#a7 ,review required ,not later than one year after the date of the enactment of this ,act1 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 duplication4 7#b7 ,submission to ,congress ,not later than #fj days after the completion of the review required under paragraph 7#a71 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 ,senate4 7#c7 ,action plan ,not later than one year after the date of the enactment of this ,act1 the ,secretary shall submit to the congressional homeland security committees an action plan1 including corrective steps and an estimated date of completion1 to address areas of duplication1 fragmentation1 and overlap and opportunities for cost savings and revenue enhancement1 as identified by the ,government ,accountability ,office based on the annual report of the ,government ,accountability ,office entitled ,additional ,opportunities to ,reduce ,fragmentation1 ,overlap1 and ,duplication and ,achieve ,other ,financial ,benefits4 #aaj4 ,chief ,procurement ,officer 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq47 is amended by adding at the end the following new section3 #gaa4 ,chief ,procurement ,officer 7a7 ,in general ,there is in the ,department a ,chief ,procurement ,officer1 who shall serve as a senior business advisor to agency officials on procurement-related matters and report directly to the ,under ,secretary for ,management4 ,the ,chief ,procurement ,officer is the senior procurement executive for purposes of subsection 7c7 of section #agjb of title #da1 ,united ,states ,code1 and shall perform procurement functions as specified in such subsection4 7b7 ,responsibilities ,the ,chief ,procurement ,officer shall-- 7#a7 delegate or retain contracting authority1 as appropriate2 7#b7 issue procurement policies and oversee the heads of contracting activity of the ,department to ensure compliance with those policies2 7#c7 serve as the main liaison of the ,department to industry on procurement-related issues2 7#d7 account for the integrity1 performance1 and oversight of ,department procurement and contracting functions2 7#e7 ensure that procurement contracting strategies and plans are consistent with the intent and direction of the ,acquisition ,review ,board2 7#f7 oversee a centralized acquisition workforce certification and training program using1 as appropriate1 existing best practices and acquisition training opportunities from the ,federal ,government1 private sector1 or universities and colleges to include training on how best to identify actions that warrant referrals for suspension or debarment2 7#g7 provide input on the periodic performance reviews of each head of contracting activity of the ,department2 7#h7 collect baseline data and use such data to establish performance measures on the impact of strategic sourcing initiatives on the private sector1 including small businesses2 7#i7 establish and implement policies and procedures to effectively monitor and manage vulnerabilities in the supply chain for all ,department purchases2 7#aj7 ensure that a fair proportion of the value of ,federal contracts and subcontracts are awarded to small businesses 7in accordance with the procurement contract goals under section #ae7;g7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdd7;g7771 maximize opportunities for small business participation in such contracts1 and ensure1 to the extent practicable1 small businesses that achieve qualified vendor status for security-related technologies are provided an opportunity to compete for contracts for such technology2 7#aa7 conduct oversight of implementation of administrative agreements to resolve suspension or debarment proceedings2 and 7#ab7 carry out any other procurement duties that the ,under ,secretary for ,management may designate4 7c7 ,head of contracting activity defined ,in this section the term head of contracting activity means an official responsible for the creation1 management1 and oversight of a team of procurement professionals properly trained1 certified1 and warranted to accomplish the acquisition of products and services on behalf of the designated components1 offices1 and organizations of the ,department1 and as authorized1 other government entities4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb1 is amended by inserting after the item relating to section #gaj the following new item3 ,sec4 #gaa4 ,chief ,procurement ,officer4 4 #aaa4 ,chief ,security ,officer 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #gab4 ,chief ,security ,officer 7a7 ,in general ,there is in the ,department a ,chief ,security ,officer1 who shall report directly to the ,under ,secretary for ,management4 7b7 ,responsibilities ,the ,chief ,security ,officer shall-- 7#a7 develop and implement the security policies1 programs1 and standards of the ,department2 7#b7 identify training and provide education to ,department personnel on security-related matters2 and 7#c7 provide support to ,department components on security-related matters4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is further amended by inserting after the item relating to section #gaa1 as added by this title1 the following new item3 ,sec4 #gab4 ,chief ,security ,officer4 4 #aab4 ,office of ,partnership and ,engagement 7a7 ,in general ,section #hja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cfa7 is amended to read as follows3 #hja4 ,office of ,partnership and ,engagement 7a7 ,establishment ,there is established within the ,office of the ,secretary an ,office of ,partnership and ,engagement1 which shall be led by an ,assistant ,secretary4 7b7 ,responsibilities ,the ,assistant ,secretary shall-- 7#a7 lead the efforts of the ,department to incorporate external feedback from stakeholders into policy and strategic planning efforts1 as appropriate1 in consultation with the ,office for ,civil ,rights and ,civil ,liberties2 7#b7 oversee and support the activities conducted under section #bjjf7;b72 7#c7 advise the ,secretary on the effects of the policies1 regulations1 processes1 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 homeland2 7#d7 coordinate the activities of the ,department relating to ,state and local governments2 7#e7 provide ,state and local governments with regular information1 research1 and technical support to assist ,state and local efforts at securing the homeland2 and 7#f7 perform such other functions as are established by law or delegated by the ,secretary4 4 7b7 ,office for ,state and ,local ,law ,enforcement ,paragraph 7#a7 of section #bjjf7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjg7;b77 is amended by striking ,policy ,directorate and inserting ,office of ,partnership and ,engagement4 7c7 ,abolishment of ,office for ,state and ,local ,government ,coordination 7#a7 ,in general ,the ,office for ,state and ,local ,government ,coordination of the ,department of ,homeland ,security is abolished4 7#b7 ,transfer of functions and assets ,the functions authorized to be performed by such office as of the day before the date of the enactment of this ,act1 and the assets and personnel associated with such functions1 are transferred to the head of the ,office of ,partnership and ,engagement under section #hja of the ,homeland ,security ,act of #bjjb1 as amended by this section4 7d7 ,abolishment of ,special ,assistant to ,secretary of ,homeland ,security 7#a7 ,in general ,the position of ,special ,assistant to the ,secretary of ,homeland ,security authorized under section #ajb7;f7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aab7;f771 as in effect on the day before the date of the enactment of this ,act1 is abolished4 7#b7 ,transfer of functions and assets ,the functions authorized to be performed by such ,special ,assistant to the ,secretary as of the day before such date of enactment1 and the assets and personnel associated with such functions1 are transferred to the head of the ,office of ,partnership and ,engagement under section #hja of the ,homeland ,security ,act of #bjjb1 as amended by this section4 7#c7 ,conforming amendment ,section #ajb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aab7 is amended by-- 7,a7 striking subsection 7f72 and 7,b7 redesignating subsection 7g7 as subsection 7f74 7e7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by amending the item relating to section #hja to read as follows3 ,sec4 #hja4 ,office of ,partnership and ,engagement4 4 #aac4 ,department of ,homeland ,security rotation program 7a7 ,enhancements to the rotation program ,section #hdd of the ,homeland ,security ,act of #bjjb 7#f7 ,u4,s4,c4 #dad7 is amended-- 7#a7 by striking 7a7 ,establishment--42 7#b7 by redesignating paragraphs 7#a7 through 7#e7 as subsections 7a7 through 7e71 respectively1 and adjusting the margins accordingly2 7#c7 in subsection 7a71 as so redesignated-- 7,a7 by striking ,not later than #ahj days after the date of enactment of this section1 the and inserting ,the2 and 7,b7 by striking for employees of the ,department and inserting for certain personnel within the ,department2 7#d7 in subsection 7b71 as so redesignated-- 7,a7 by redesignating subparagraphs 7,a7 through 7,g7 as paragraphs 7#c7 through 7#i71 respectively1 and adjusting the margins accordingly2 7,b7 by inserting before paragraph 7#c71 as so redesignated1 the following new paragraphs3 7#a7 seek to foster greater departmental integration and unity of effort2 7#b7 seek to help enhance the knowledge1 skills1 and abilities of participating personnel with respect to the programs1 policies1 and activities of the ,department2 2 7,c7 in paragraph 7#d71 as so redesignated1 by striking middle and senior level2 and 7,d7 in paragraph 7#g71 as so redesignated1 by inserting before invigorate the following3 seek to improve morale and retention throughout the ,department and2 7#e7 in subsection 7c71 as redesignated by paragraph 7#b7-- 7,a7 by redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively1 and adjusting the margins accordingly2 and 7,b7 in paragraph 7#b71 as so redesignated-- 7i7 by striking clause 7iii72 and 7ii7 by redesignating clauses 7i71 7ii71 and 7iv7 through 7viii7 as subparagraphs 7,a7 through 7,g71 respectively1 and adjusting the margins accordingly2 7#f7 by redesignating subsections 7d7 and 7e71 as redesignated by paragraph 7#b71 as subsections 7e7 and 7f71 respectively2 7#g7 by inserting after subsection 7c7 the following new subsection3 7d7 ,administrative matters ,in carrying out the ,rotation ,program the ,secretary shall-- 7#a7 before selecting employees for participation in the ,rotation ,program1 disseminate information broadly within the ,department about the availability of the ,rotation ,program1 qualifications for participation in the ,rotation ,program1 including full-time employment within the employing component or office not less than one year1 and the general provisions of the ,rotation ,program2 7#b7 require as a condition of participation in the ,rotation ,program that an employee-- 7,a7 is nominated by the head of the component or office employing the employee2 and 7,b7 is selected by the ,secretary1 or the ,secretary's designee1 solely on the basis of relative ability1 knowledge1 and skills1 after fair and open competition that assures that all candidates receive equal opportunity2 7#c7 ensure that each employee participating in the ,rotation ,program shall be entitled to return1 within a reasonable period of time after the end of the period of participation1 to the position held by the employee1 or a corresponding or higher position1 in the component or office that employed the employee prior to the participation of the employee in the ,rotation ,program2 7#d7 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 ,program2 and 7#e7 require that1 during the period of participation by an employee in the ,rotation ,program1 performance evaluations for the employee-- 7,a7 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 period2 and 7,b7 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 employee4 2 and 7#h7 by adding at the end the following new subsection3 7g7 ,intelligence rotational assignment program 7#a7 ,establishment ,the ,secretary shall establish an ,intelligence ,rotational ,assignment ,program as part of the ,rotation ,program under subsection 7a74 7#b7 ,administration ,the ,chief ,human ,capital ,officer1 in conjunction with the ,chief ,intelligence ,officer1 shall administer the ,intelligence ,rotational ,assignment ,program established pursuant to paragraph 7#a74 7#c7 ,eligibility ,the ,intelligence ,rotational ,assignment ,program established pursuant to paragraph 7#a7 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 ,officer4 7#d7 ,coordination ,the responsibilities specified in subsection 7c77#b7 that apply to the ,rotation ,program under such subsection shall1 as applicable1 also apply to the ,intelligence ,rotational ,assignment ,program under this subsection4 4 7b7 ,congressional notification and oversight ,not later than #abj days after the date of the enactment of this ,act1 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 #hdd of the ,homeland ,security ,act of #bjjb1 as amended by subsection 7a7 of this section4 #aad4 ,annual submission to ,congress of information regarding reprogramming or transfer of ,department of ,homeland ,security resources to respond to operational surges 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb1 as amended by this title1 is further amended by adding at the end the following new section3 #gac4 ,annual submission to ,congress of information on reprogramming or transfers of funds to respond to operational surges ,for each fiscal year until fiscal year #bjbc1 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 ,senate1 together with the annual budget request for the ,department1 information on-- 7#a7 any circumstance during the year covered by the report in which the ,secretary exercised the authority to reprogram or transfer funds to address unforeseen costs1 including costs associated with operational surges2 and 7#b7 any circumstance in which any limitation on the transfer or reprogramming of funds affected the ability of the ,secretary to address such unforeseen costs4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is further amended by inserting after the item relating to section #gab1 as added by this title1 the following new item3 ,sec4 #gac4 ,annual submission to ,congress of information on reprogramming or transfers of funds to respond to operational surges4 4 #aae4 ,overseas personnel briefing 7a7 ,briefing required 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act and every #ahj days thereafter1 the ,secretary of ,homeland ,security shall provide to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a briefing regarding ,department of ,homeland ,security personnel with primary duties that take place outside of the ,united ,states4 7#b7 ,requirements ,the briefings required under paragraph 7#a7 shall include the following3 7,a7 ,a detailed summary of1 and deployment schedule for1 each type of personnel position with primary duties that take place outside of the ,united ,states and how each such position contributes to the ,department of ,homeland ,security's counterterrorism mission4 7,b7 ,information related to how the geographic and regional placement of such positions contributes to the ,department's counterterrorism mission4 7,c7 ,information related to any risk mitigation plans for each geographic and regional placement1 including to address counter-intelligence risks4 7,d7 ,information regarding the costs of deploying or maintaining personnel at each geographic and regional placement1 including information on any cost-sharing agreement with foreign partners to cover a portion or all the costs relating to such deployment or maintenance4 7,e7 ,maintain and enhance practices to guard against counter-espionage and counter-intelligence threats1 including cyber threats1 associated with ,department personnel4 7,f7 ,information regarding trends in foreign efforts to influence such personnel while deployed overseas to contribute to the ,department's counterterrorism mission4 7,g7 ,information related to the position-specific training received by such personnel before and during placement at a foreign location4 7,h7 ,challenges that may impede the communication of counterterrorism information between ,department personnel at foreign locations and ,department entities in the ,united ,states1 including technical1 resource1 and administrative challenges4 7,i7 ,the status of efforts to implement the strategy referred to in paragraph 7#a74 7,j7 ,the status of efforts 7beginning with the second briefing required under this subsection7 to implement the enhancement plan under subsection 7b74 7#c7 ,termination ,the briefing requirement under paragraph 7#a7 shall terminate on the date that is #d years after the submission of the strategy referred to in such paragraph4 7b7 ,overseas personnel enhancement plan 7#a7 ,in general ,not later than #ij days after the first briefing required under subsection 7a71 the ,secretary shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a plan to enhance the effectiveness of ,department of ,homeland ,security personnel at foreign locations4 7#b7 ,plan requirements ,the plan required under paragraph 7#a7 shall include proposals to-- 7,a7 improve efforts of ,department of ,homeland ,security personnel at foreign locations1 as necessary1 for purposes of providing foreign partner capacity development and furthering the ,department's counterterrorism mission2 7,b7 as appropriate1 redeploy ,department personnel to respond to changing threats to the ,united ,states2 7,c7 enhance collaboration among ,department personnel at foreign locations1 other ,federal personnel at foreign locations1 and foreign partners2 7,d7 improve the communication of counterterrorism information between ,department personnel at foreign locations and ,department entities in the ,united ,states1 including to address technical1 resource1 and administrative challenges2 and 7,e7 maintain practices to guard against counter-espionage threats associated with ,department personnel4 ,b ,acquisition ,reform #aba4 ,acquisition ,review ,board 7a7 ,in general ,subtitle ,d of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cia et seq47 is amended by adding at the end the following new section3 #hcf4 ,acquisition ,review ,board 7a7 ,in general ,the ,secretary shall establish an ,acquisition ,review ,board 7in this section referred to as the ,board7 to-- 7#a7 strengthen accountability and uniformity within the ,department acquisition review process2 7#b7 review major acquisition programs2 and 7#c7 review the use of best practices4 7b7 ,composition 7#a7 ,chair ,the ,under ,secretary for ,management shall serve as chair of the ,board4 7#b7 ,participation ,the ,secretary shall ensure participation by other relevant ,department officials with responsibilities related to acquisitions as permanent members of the ,board4 7#c7 ,oversight ,the ,under ,secretary for ,management shall designate a full-time employee of the ,department to oversee the operations of the ,board4 7c7 ,meetings ,the ,board shall meet regularly for purposes of ensuring all acquisitions processes proceed in a timely fashion to achieve mission readiness4 ,the ,board shall convene at the ,secretary's discretion and at any time-- 7#a7 a major acquisition program-- 7,a7 requires authorization to proceed from one acquisition decision event to another throughout the acquisition life cycle2 7,b7 is in breach of its approved requirements2 or 7,c7 requires additional review1 as determined by the ,under ,secretary for ,management2 or 7#b7 a non-major acquisition program requires review1 as determined by the ,under ,secretary for ,management4 7d7 ,responsibilities ,the responsibilities of the ,board are as follows3 7#a7 ,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 deployment4 7#b7 ,oversee whether a proposed acquisition's business strategy1 resources1 management1 and accountability is executable and is aligned to strategic initiatives4 7#c7 ,support the person with acquisition decision authority for an acquisition in determining the appropriate direction for such acquisition at key acquisition decision events4 7#d7 ,conduct systematic reviews of acquisitions to ensure that such acquisitions are progressing in compliance with the approved documents for their current acquisition phases4 7#e7 ,review the acquisition documents of each major acquisition program1 including the acquisition program baseline and documentation reflecting consideration of tradeoffs among cost1 schedule1 and performance objectives1 to ensure the reliability of underlying data4 7#f7 ,ensure that practices are adopted and implemented to require consideration of trade-offs among cost1 schedule1 and performance objectives as part of the process for developing requirements for major acquisition programs prior to the initiation of the second acquisition decision event1 including1 at a minimum1 the following practices3 7,a7 ,department officials responsible for acquisition1 budget1 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 feasible4 7,b7 ,full consideration is given to possible trade-offs among cost1 schedule1 and performance objectives for each alternative4 7e7 ,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 baseline1 the ,under ,secretary for ,management shall create and approve an acquisition program baseline report regarding such approval1 and the ,secretary shall-- 7#a7 within #g days after an acquisition decision memorandum is signed1 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 decision2 and 7#b7 within #fj days after the acquisition decision memorandum is signed1 submit to such committees a written explanation of the rationale for such decision and a plan of action to address acquisition program baseline requirements for such program4 7f7 ,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 #bjbd on the activities of the ,board for the prior fiscal year that includes information relating to the following3 7#a7 ,for each meeting of the ,board1 any acquisition decision memoranda4 7#b7 ,results of the systematic reviews conducted pursuant to paragraph 7#d7 of subsection 7d74 7#c7 ,results of acquisition document reviews required pursuant to paragraph 7#e7 of subsection 7d74 7#d7 ,activities to ensure that practices are adopted and implemented throughout the ,department pursuant to paragraph 7#f7 of subsection 7d74 7g7 ,definitions ,in this section3 7#a7 ,acquisition ,the term acquisition has the meaning given such term in section #aca of title #da1 ,united ,states ,code4 7#b7 ,acquisition decision authority ,the term acquisition decision authority means the authority1 held by the ,secretary acting through the ,deputy ,secretary or ,under ,secretary for ,management to-- 7,a7 ensure compliance with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives2 7,b7 review 7including approving1 pausing1 modifying1 or cancelling7 an acquisition program through the life cycle of such program2 7,c7 ensure that acquisition program managers have the resources necessary to successfully execute an approved acquisition program2 7,d7 ensure good acquisition program management of cost1 schedule1 risk1 and system performance of the acquisition program at issue1 including assessing acquisition program baseline breaches and directing any corrective action for such breaches2 and 7,e7 ensure that acquisition program managers1 on an ongoing basis1 monitor cost1 schedule1 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 breaches4 7#c7 ,acquisition decision event ,the term acquisition decision event1 with respect to an acquisition program1 means a predetermined point within each of the acquisition phases at which the acquisition decision authority determines whether such acquisition program shall proceed to the next acquisition phase4 7#d7 ,acquisition decision memorandum ,the term acquisition decision memorandum1 with respect to an acquisition1 means the official acquisition decision event record that includes a documented record of decisions1 exit criteria1 and assigned actions for such acquisition1 as determined by the person exercising acquisition decision authority for such acquisition4 7#e7 ,acquisition program ,the term acquisition program means the process by which the ,department acquires1 with any appropriated amounts1 by contract for purchase or lease1 property or services 7including construction7 that support the missions and goals of the ,department4 7#f7 ,acquisition program baseline ,the term acquisition program baseline1 with respect to an acquisition program1 means a summary of the cost1 schedule1 and performance parameters1 expressed in standard1 measurable1 quantitative terms1 which must be met in order to accomplish the goals of such program4 7#g7 ,best practices ,the term best practices1 with respect to acquisition1 means a knowledge-based approach to capability development that includes-- 7,a7 identifying and validating needs2 7,b7 assessing alternatives to select the most appropriate solution2 7,c7 clearly establishing well-defined requirements2 7,d7 developing realistic cost assessments and schedules2 7,e7 securing stable funding that matches resources to requirements2 7,f7 demonstrating technology1 design1 and manufacturing maturity2 7,g7 using milestones and exit criteria or specific accomplishments that demonstrate progress2 7,h7 adopting and executing standardized processes with known success across programs2 7,i7 establishing an adequate workforce that is qualified and sufficient to perform necessary functions2 and 7,j7 integrating the capabilities described in subparagraphs 7,a7 through 7,i7 into the ,department's mission and business operations4 7#h7 ,major acquisition program ,the term major acquisition program means a ,department acquisition program that is estimated by the ,secretary to require an eventual total expenditure of at least #cjj million 7based on fiscal year #bjai constant dollars7 over its life cycle cost4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended by inserting after the item relating to section #hce the following new item3 ,sec4 #hcf4 ,acquisition ,review ,board4 4 #abb4 ,acquisition authorities for ,under ,secretary for ,management of the ,department of ,homeland ,security ,section #gja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda7 is amended by-- 7#a7 redesignating subsection 7d71 the first subsection 7e7 7relating to the system for award management consultation71 and the second subsection 7e7 7relating to the definition of interoperable communications7 as subsections 7e71 7f71 and 7g71 respectively2 and 7#b7 inserting after subsection 7c7 the following new subsection3 7d7 ,acquisition and related responsibilities 7#a7 ,in general ,notwithstanding section #agjb7;a7 of title #da1 ,united ,states ,code1 the ,under ,secretary for ,management is the ,chief ,acquisition ,officer of the ,department4 ,as ,chief ,acquisition ,officer1 the ,under ,secretary shall have the authorities and perform the functions specified in such section #agjb7;b71 and perform all other functions and responsibilities delegated by the ,secretary or described in this subsection4 7#b7 ,functions and responsibilities ,in addition to the authorities and functions specified in section #agjb7;b7 of title #da1 ,united ,states ,code1 the functions and responsibilities of the ,under ,secretary for ,management related to acquisition 7as such term is defined in section #hcf7 include the following3 7,a7 ,advising the ,secretary regarding acquisition management activities1 taking into account risks of failure to achieve cost1 schedule1 or performance parameters1 to ensure that the ,department achieves its mission through the adoption of widely accepted program management best practices 7as such term is defined in section #hcf7 and standards and1 where appropriate1 acquisition innovation best practices4 7,b7 ,leading the ,department's acquisition oversight body1 the ,acquisition ,review ,board4 7,c7 ,exercising the acquisition decision authority 7as such term is defined in section #hcf7 to approve1 pause1 modify 7including the rescission of approvals of program milestones71 or cancel major acquisition programs 7as such term is defined in section #hcf71 unless the ,under ,secretary delegates such authority to a ,component ,acquisition ,executive 7as such term is defined in section #hcf7 pursuant to paragraph 7#c74 7,d7 ,establishing policies for acquisition that implement an approach that takes into account risks of failure to achieve cost1 schedule1 or performance parameters that all components of the ,department shall comply with1 including outlining relevant authorities for program managers to effectively manage acquisition programs 7as such term is defined in section #hcf74 7,e7 ,ensuring that each major acquisition program has a ,department-approved acquisition program baseline 7as such term is defined in section #hcf71 pursuant to the ,department's acquisition management policy4 7,f7 ,assisting the heads of components and ,component ,acquisition ,executives in efforts to comply with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives4 7,g7 ,ensuring that grants and financial assistance are provided only to individuals and organizations that are not suspended or debarred4 7,h7 ,distributing guidance throughout the ,department to ensure that contractors involved in acquisitions1 particularly contractors that access the ,department's information systems and technologies1 adhere to relevant ,department policies related to physical and information security as identified by the ,under ,secretary for ,management4 7,i7 ,overseeing the ,component ,acquisition ,executive organizational structure to ensure ,component ,acquisition ,executives have sufficient capabilities and comply with ,department acquisition policies4 7#c7 ,delegation of certain acquisition decision authority 7,a7 ,level #c acquisitions ,the ,under ,secretary for ,management may delegate acquisition decision authority to the relevant ,component ,acquisition ,executive for an acquisition program that has a life cycle cost estimate of less than #cjj1jjj1jjj4 7,b7 ,level #b 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 #cjj1jjj but not more than #a1jjj1jjj1jjj if all of the following requirements are met3 7i7 ,the component concerned possesses working policies1 processes1 and procedures that are consistent with ,department-level acquisition policy4 7ii7 ,the ,component ,acquisition ,executive concerned has adequate1 experienced1 and dedicated professional employees with program management training1 as applicable1 commensurate with the size of the acquisition programs and related activities delegated to such ,component ,acquisition ,executive by the ,under ,secretary for ,management4 7iii7 ,each major acquisition program concerned has written documentation showing that it has a ,department-approved acquisition program baseline and it is meeting agreed-upon cost1 schedule1 and performance thresholds4 7,c7 ,level #a acquisitions ,the ,under ,secretary for ,management may delegate acquisition decision authority in writing to the relevant ,component ,acquisition ,executive for a ,level #a major acquisition program that has a life cycle cost estimate of more than #a1jjj1jjj1jjj if all of the following requirements are met3 7i7 ,the ,undersecretary for ,management conducts a risk assessment of the planned acquisition and determines that it is appropriate to delegate authority for such major acquisition program4 7ii7 ,the component concerned possesses working policies1 processes1 and procedures that are consistent with ,department-level acquisition policy4 7iii7 ,the ,component ,acquisition ,executive concerned has adequate1 experienced1 and dedicated professional employees with program management training1 as applicable1 commensurate with the size of the acquisition programs and related activities delegated to such ,component ,acquisition ,executive by the ,under ,secretary for ,management4 7iv7 ,each ,level #a major acquisition program concerned has written documentation showing that it has a ,department-approved acquisition program baseline and it is meeting agreed-upon cost1 schedule1 and performance thresholds4 7v7 ,the ,under ,secretary for ,management provides written notification to the appropriate congressional committees of the decision to delegate the authority to the relevant ,component ,acquisition ,executive4 7#d7 ,relationship to ,under ,secretary for ,science and ,technology 7,a7 ,in general ,nothing in this subsection shall diminish the authority granted to the ,under ,secretary for ,science and ,technology under this ,act4 ,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 ,department4 7,b7 ,operational testing and evaluation ,the ,under ,secretary for ,science and ,technology shall-- 7i7 ensure1 in coordination with relevant component heads1 that major acquisition programs-- 7,i7 complete operational testing and evaluation of technologies and systems to be acquired or developed by major acquisition programs to assess operational effectiveness1 suitability1 and cybersecurity2 7,,ii7 use independent verification and validation of operational test and evaluation implementation and results1 as appropriate2 and 7,,iii7 document whether such programs meet all performance requirements included in their acquisition program baselines2 7ii7 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 setting2 and 7iii7 determine if testing conducted by other ,federal departments and agencies and private entities is relevant and sufficient in determining whether systems perform as intended in the operational setting4 4 #abc4 ,acquisition authorities for ,under ,secretary of ,strategy1 ,policy1 and ,plans ,subsection 7c7 of section #gji of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdi7 is amended by-- 7#a7 redesignating paragraphs 7#d7 through 7#g7 as 7#e7 through 7#h71 respectively2 and 7#b7 inserting after paragraph 7#c7 the following new paragraph3 7#d7 ensure acquisition programs 7as such term is defined in section #hcf7 support the ,,dhs ,quadrennial ,homeland ,security ,review ,report1 the ,,dhs ,strategic ,plan1 the ,,dhs ,strategic ,priorities1 and other appropriate successor documents2 4 #abd4 ,acquisition authorities for ,program ,accountability and ,risk ,management 7,,parm7 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #gad4 ,acquisition authorities for ,program ,accountability and ,risk ,management 7a7 ,establishment of ,office ,within the ,management ,directorate1 there shall be a ,program ,accountability and ,risk ,management office to-- 7#a7 provide consistent accountability1 standardization1 and transparency of major acquisition programs of the ,department2 7#b7 serve as the central oversight function for all ,department major acquisition programs2 and 7#c7 provide review and analysis of ,department acquisition programs1 as appropriate4 7b7 ,responsibilities of ,executive ,director ,the ,program ,accountability and ,risk ,management office shall be led by an ,executive ,director to oversee the requirements specified in subsection 7a74 ,the ,executive ,director shall report directly to the ,under ,secretary for ,management1 and shall carry out the following responsibilities3 7#a7 ,monitor regularly the performance of ,department major acquisition programs between acquisition decision events to identify problems with cost1 performance1 or schedule that components may need to address to prevent cost overruns1 performance issues1 or schedule delays4 7#b7 ,assist the ,under ,secretary for ,management in managing the ,department's acquisition programs and related activities4 7#c7 ,conduct oversight of individual acquisition programs to implement ,department acquisition program policy1 procedures1 and guidance with a priority on ensuring the data the office collects and maintains from ,department components is accurate and reliable4 7#d7 ,serve as the focal point and coordinator for the acquisition life cycle review process and as the executive secretariat for the ,department's ,acquisition ,review ,board4 7#e7 ,advise the persons having acquisition decision authority in making acquisition decisions consistent with all applicable laws and in establishing clear lines of authority1 accountability1 and responsibility for acquisition decision making within the ,department4 7#f7 ,assist the ,chief ,procurement ,officer of the ,department1 as appropriate1 in developing strategies and specific plans for hiring1 training1 and professional development to address any deficiency within the ,department's acquisition workforce4 7#g7 ,develop standardized certification standards in consultation with the ,component ,acquisition ,executives for all acquisition program managers4 7#h7 ,assess the results of major acquisition programs' post-implementation reviews and identify opportunities to improve performance throughout the acquisition process4 7#i7 ,provide technical support and assistance to ,department acquisition programs and acquisition personnel and coordinate with the ,chief ,procurement ,officer regarding workforce training and development activities4 7#aj7 ,assist1 as appropriate1 with the preparation of the ,future ,years ,homeland ,security ,program1 and make such information available to the congressional homeland security committees4 7c7 ,responsibilities of components ,each head of a component shall comply with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives established by the ,under ,secretary for ,management4 ,for each major acquisition program1 each head of a component shall-- 7#a7 define baseline requirements and document changes to such requirements1 as appropriate2 7#b7 establish a complete life cycle cost estimate with supporting documentation that is consistent with cost estimating best practices as identified by the ,comptroller ,general of the ,united ,states2 7#c7 verify each life cycle cost estimate against independent cost estimates or assessments1 as appropriate1 and reconcile any differences2 7#d7 complete a cost-benefit analysis with supporting documentation2 7#e7 develop and maintain a schedule that is consistent with scheduling best practices as identified by the ,comptroller ,general of the ,united ,states1 including1 in appropriate cases1 an integrated master schedule2 and 7#f7 ensure that all acquisition program information provided by the component is complete1 accurate1 timely1 and valid4 7d7 ,definitions ,in this section3 7#a7 ,acquisition ,the term acquisition has the meaning given such term in section #aca of title #da1 ,united ,states ,code4 7#b7 ,acquisition decision authority ,the term acquisition decision authority means the authority1 held by the ,secretary acting through the ,deputy ,secretary or ,under ,secretary for ,management to-- 7,a7 ensure compliance with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives2 7,b7 review 7including approving1 pausing1 modifying1 or canceling7 an acquisition program through the life cycle of such program2 7,c7 ensure that acquisition program managers have the resources necessary to successfully execute an approved acquisition program2 7,d7 ensure good acquisition program management of cost1 schedule1 risk1 and system performance of the acquisition program at issue1 including assessing acquisition program baseline breaches and directing any corrective action for such breaches2 and 7,e7 ensure that acquisition program managers1 on an ongoing basis1 monitor cost1 schedule1 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 breaches4 7#c7 ,acquisition decision event ,the term acquisition decision event1 with respect to an acquisition program1 means a predetermined point within each of the acquisition phases at which the acquisition decision authority determines whether such acquisition program shall proceed to the next acquisition phase4 7#d7 ,acquisition program ,the term acquisition program means the process by which the ,department acquires1 with any appropriated amounts or fee funding1 by contract for purchase or lease1 property or services 7including construction7 that support the missions and goals of the ,department4 7#e7 ,acquisition program baseline ,the term acquisition program baseline1 with respect to an acquisition program1 means a summary of the cost1 schedule1 and performance parameters1 expressed in standard1 measurable1 quantitative terms1 which must be met in order to accomplish the goals of such program4 7#f7 ,best practices ,the term best practices1 with respect to acquisition1 means a knowledge-based approach to capability development that includes the following3 7,a7 ,identifying and validating needs4 7,b7 ,assessing alternatives to select the most appropriate solution4 7,c7 ,clearly establishing well-defined requirements4 7,d7 ,developing realistic cost assessments and schedules4 7,e7 ,securing stable funding that matches resources to requirements4 7,f7 ,demonstrating technology1 design1 and manufacturing maturity4 7,g7 ,using milestones and exit criteria or specific accomplishments that demonstrate progress4 7,h7 ,adopting and executing standardized processes with known success across programs4 7,i7 ,establishing an adequate workforce that is qualified and sufficient to perform necessary functions4 7,j7 ,integrating the capabilities described in subparagraphs 7,a7 through 7,i7 into the ,department's mission and business operations4 7#g7 ,breach ,the term breach1 with respect to a major acquisition program1 means a failure to meet any cost1 schedule1 or performance threshold specified in the most recently approved acquisition program baseline4 7#h7 ,congressional homeland security committees ,the term congressional homeland security committees means-- 7,a7 the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,appropriations of the ,house of ,representatives and the ,committee on ,appropriations of the ,senate4 7#i7 ,component ,acquisition ,executive ,the term ,component ,acquisition ,executive means the senior acquisition official within a component who is designated in writing by the ,under ,secretary for ,management1 in consultation with the component head1 with authority and responsibility for leading a process and staff to provide acquisition and program management oversight1 policy1 and guidance to ensure that statutory1 regulatory1 and higher level policy requirements are fulfilled1 including compliance with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives established by the ,under ,secretary for ,management4 7#aj7 ,major acquisition program ,the term major acquisition program means a ,department acquisition program that is estimated by the ,secretary to require an eventual total expenditure of at least #cjj1jjj1jjj 7based on fiscal year #bjai constant dollars7 over its life cycle cost or a program identified by the ,chief ,acquisition ,officer as a program of special interest4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #gac1 as added by this title1 the following new item3 ,sec4 #gad4 ,acquisition authorities for ,program ,accountability and ,risk ,management4 4 #abe4 ,government ,accountability ,office review of board and of requirements to reduce duplication in acquisition programs 7a7 ,review required ,the ,comptroller ,general of the ,united ,states shall conduct a review of the effectiveness of the ,acquisition ,review ,board established under section #hcf of the ,homeland ,security ,act of #bjjb 7as added by this title7 and the requirements to reduce unnecessary duplication in acquisition programs established under section #hcg of such ,act 7as added by this title7 in improving the ,department's acquisition management process4 7b7 ,scope of report ,the review shall include the following3 7#a7 ,an assessment of the effectiveness of the ,board in increasing program management oversight1 best practices and standards1 and discipline among the components of the ,department1 including in working together and in preventing overlap and unnecessary duplication4 7#b7 ,an assessment of the effectiveness of the ,board in instilling program management discipline4 7#c7 ,a statement of how regularly each major acquisition program is reviewed by the ,board1 how often the ,board stops major acquisition programs from moving forward in the phases of the acquisition life cycle process1 and the number of major acquisition programs that have been halted because of problems with operational effectiveness1 schedule delays1 or cost overruns4 7#d7 ,an assessment of the effectiveness of the ,board in impacting acquisition decision making within the ,department1 including the degree to which the ,board impacts decision making within other headquarters mechanisms and bodies involved in the administration of acquisition activities4 7c7 ,report required ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to the congressional homeland security committees a report on the review required by this section4 ,the report shall be submitted in unclassified form but may include a classified annex4 #abf4 ,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 7or successor system7 as maintained by the ,general ,services ,administration1 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 waiver4 #abg4 ,inspector general oversight of suspension and debarment ,the ,inspector ,general of the ,department of ,homeland ,security shall-- 7#a7 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 recurrence2 and 7#b7 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 criteria1 particularly with respect to business size and categories4 #abh4 ,congressional notification for major acquisition programs 7a7 ,in general ,subtitle ,d of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cia et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #hcg4 ,congressional notification and other requirements for major acquisition program breach 7a7 ,requirements within department in event of breach 7#a7 ,notifications 7,a7 ,notification of breach ,if a breach occurs in a major acquisition program1 the program manager for such program shall notify the ,component ,acquisition ,executive for such program1 the head of the component concerned1 the ,executive ,director of the ,program ,accountability and ,risk ,management division1 the ,under ,secretary for ,management1 and the ,deputy ,secretary not later than #cj calendar days after such breach is identified4 7,b7 ,notification to secretary ,if a breach occurs in a major acquisition program and such breach results in a cost overrun greater than #ae percent1 a schedule delay greater than #ahj days1 or a failure to meet any of the performance thresholds from the cost1 schedule1 or performance parameters specified in the most recently approved acquisition program baseline for such program1 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 program1 the head of the component concerned1 the ,executive ,director of the ,program ,accountability and ,risk ,management ,division1 the ,under ,secretary for ,management1 and the ,deputy ,secretary are notified of the breach pursuant to subparagraph 7,a74 7#b7 ,remediation plan and root cause analysis 7,a7 ,in general ,if a breach occurs in a major acquisition program1 the program manager for such program shall submit to the head of the component concerned1 the ,executive ,director of the ,program ,accountability and ,risk ,management division1 and the ,under ,secretary for ,management in writing a remediation plan and root cause analysis relating to such breach and program4 ,such plan and analysis shall be submitted at a date established at the discretion of the ,under ,secretary for ,management4 7,b7 ,remediation plan ,the remediation plan required under this subparagraph 7,a7 shall-- 7i7 explain the circumstances of the breach at issue2 7ii7 provide prior cost estimating information2 7iii7 include a root cause analysis that determines the underlying cause or causes of shortcomings in cost1 schedule1 or performance of the major acquisition program with respect to which such breach has occurred1 including the role1 if any1 of-- 7,i7 unrealistic performance expectations2 7,,ii7 unrealistic baseline estimates for cost or schedule or changes in program requirements2 7,,iii7 immature technologies or excessive manufacturing or integration risk2 7,,iv7 unanticipated design1 engineering1 manufacturing1 or technology integration issues arising during program performance2 7,v7 changes to the scope of such program2 7,,vi7 inadequate program funding or changes in planned out-year funding from one #e-year funding plan to the next #e-year funding plan as outlined in the ,future ,years ,homeland ,security ,program required under section #hgd2 7,,vii7 legislative1 legal1 or regulatory changes2 or 7,,viii7 inadequate program management personnel1 including lack of sufficient number of staff1 training1 credentials1 certifications1 or use of best practices2 7iv7 propose corrective action to address cost growth1 schedule delays1 or performance issues2 7v7 explain the rationale for why a proposed corrective action is recommended2 and 7vi7 in coordination with the ,component ,acquisition ,executive for such program1 discuss all options considered1 including the estimated impact on cost1 schedule1 or performance of such program if no changes are made to current requirements1 the estimated cost of such program if requirements are modified1 and the extent to which funding from other programs will need to be reduced to cover the cost growth of such program4 7#c7 ,review of corrective actions 7,a7 ,in general ,the ,under ,secretary for ,management shall review the remediation plan required under paragraph 7#b74 ,the ,under ,secretary may approve such plan or provide an alternative proposed corrective action within #cj days of the submission of such plan under such paragraph4 7,b7 ,submission to ,congress ,not later than #cj days after the review required under subparagraph 7,a7 is completed1 the ,under ,secretary for ,management shall submit to the congressional homeland security committees the following3 7i7 ,a copy of the remediation plan and the root cause analysis required under paragraph 7#b74 7ii7 ,a statement describing the corrective action or actions that have occurred pursuant to paragraph 7#b77;b77iv7 for the major acquisition program at issue1 with a justification for such action or actions4 7b7 ,requirements relating to congressional notification if breach occurs 7#a7 ,notification to congress ,if a notification to the ,secretary is made under subsection 7a77#a77;,b7 relating to a breach in a major acquisition program1 the ,under ,secretary for ,management shall notify the congressional homeland security committees of such breach in the next quarterly ,comprehensive ,acquisition ,status ,report1 as required by title ,i of division ,d of the ,consolidated ,appropriations ,act1 #bjaf 7,public ,law #aad-aac71 following receipt by the ,under ,secretary of notification under such subsection4 7#b7 ,significant variances in costs or schedule ,if a likely cost overrun is greater than #bj percent or a likely delay is greater than #ab months from the costs and schedule specified in the acquisition program baseline for a major acquisition program1 the ,under ,secretary for ,management shall include in the notification required in paragraph 7#a7 a written certification1 with supporting explanation1 that-- 7,a7 such program is essential to the accomplishment of the ,department's mission2 7,b7 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 manner2 7,c7 the new acquisition schedule and estimates for total acquisition cost are reasonable2 and 7,d7 the management structure for such program is adequate to manage and control cost1 schedule1 and performance4 7c7 ,congressional homeland security committees defined ,in this section1 the term congressional homeland security committees means-- 7#a7 the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7#b7 the ,committee on ,appropriations of the ,house of ,representatives and the ,committee on ,appropriations of the ,senate4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #hcf1 as added by this title1 the following new item3 ,sec4 #hcg4 ,congressional notification and other requirements for major acquisition program breach4 4 #abi4 ,multiyear acquisition strategy 7a7 ,in general ,subtitle ,d of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cia et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #hch4 ,multiyear acquisition strategy 7a7 ,multiyear acquisition strategy required 7#a7 ,in general ,not later than one year after the date of the enactment of this section1 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 risks1 to keep pace with changes in technology that could impact deliverables1 and to help industry better understand1 plan1 and align resources to meet the future acquisition needs of the ,department4 ,such strategy shall be updated and included in each ,future ,years ,homeland ,security ,program4 7#b7 ,form ,the strategy required under paragraph 7#a7 shall be submitted in unclassified form but may include a classified annex for any sensitive or classified information if necessary4 ,the ,secretary shall publish such strategy in an unclassified format that is publicly available4 7b7 ,consultation ,in developing the strategy required under subsection 7a71 the ,secretary shall1 as the ,secretary determines appropriate1 consult with headquarters1 components1 employees in the field1 and individuals from industry and the academic community4 7c7 ,contents of strategy ,the strategy shall include the following3 7#a7 ,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 address1 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 measured4 7#b7 ,inventory ,a plan to develop a reliable ,department-wide inventory of investments and real property assets to help the ,department-- 7,a7 plan1 budget1 schedule1 and acquire upgrades of its systems and equipment2 and 7,b7 plan for the acquisition and management of future systems and equipment4 7#c7 ,funding gaps ,a plan to address funding gaps between funding requirements for major acquisition programs and known available resources1 including1 to the maximum extent practicable1 ways of leveraging best practices to identify and eliminate overpayment for items to-- 7,a7 prevent wasteful purchasing2 7,b7 achieve the greatest level of efficiency and cost savings by rationalizing purchases2 7,c7 align pricing for similar items2 and 7,d7 utilize purchase timing and economies of scale4 7#d7 ,identification of capabilities ,an identification of test1 evaluation1 modeling1 and simulation capabilities that will be required to-- 7,a7 support the acquisition of technologies to meet the needs of such strategy2 7,b7 leverage to the greatest extent possible emerging technological trends and research and development trends within the public and private sectors2 and 7,c7 identify ways to ensure that appropriate technology is acquired and integrated into the ,department's operating doctrine to improve mission performance4 7#e7 ,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 resiliency1 agility1 and responsiveness to assure homeland security and facilitate trade4 7#f7 ,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-- 7,a7 prevent cost overruns2 7,b7 avoid schedule delays2 and 7,c7 achieve cost savings in major acquisition programs4 7#g7 ,focus on addressing delays and bid protests ,an assessment of ways the ,department can improve the acquisition process to minimize cost overruns in-- 7,a7 requirements development2 7,b7 procurement announcements2 7,c7 requests for proposals2 7,d7 evaluation of proposals2 7,e7 protests of decisions and awards2 and 7,f7 the use of best practices4 7#h7 ,focus on improving outreach ,an identification and assessment of ways to increase opportunities for communication and collaboration with industry1 small and disadvantaged businesses1 intra-government entities1 university centers of excellence1 accredited certification and standards development organizations1 and national laboratories to ensure that the ,department understands the market for technologies1 products1 and innovation that is available to meet its mission needs and to inform the ,department's requirements-setting process before engaging in an acquisition1 including-- 7,a7 methods designed especially to engage small and disadvantaged businesses1 a cost-benefit analysis of the tradeoffs that small and disadvantaged businesses provide1 information relating to barriers to entry for small and disadvantaged businesses1 and information relating to unique requirements for small and disadvantaged businesses2 and 7,b7 within the ,department ,vendor ,communication ,plan and ,market ,research ,guide1 instructions for interaction by acquisition program managers with such entities to-- 7i7 prevent misinterpretation of acquisition regulations2 and 7ii7 permit1 within legal and ethical boundaries1 interacting with such entities with transparency4 7#i7 ,competition ,a plan regarding competition under subsection 7d74 7#aj7 ,acquisition workforce ,a plan regarding the ,department acquisition workforce under subsection 7e74 7d7 ,competition plan ,the strategy required under subsection 7a7 shall also include a plan to address actions to ensure competition1 or the option of competition1 for major acquisition programs4 ,such plan may include assessments of the following measures in appropriate cases if such measures are cost effective3 7#a7 ,competitive prototyping4 7#b7 ,dual-sourcing4 7#c7 ,unbundling of contracts4 7#d7 ,funding of next-generation prototype systems or subsystems4 7#e7 ,use of modular1 open architectures to enable competition for upgrades4 7#f7 ,acquisition of complete technical data packages4 7#g7 ,periodic competitions for subsystem upgrades4 7#h7 ,licensing of additional suppliers1 including small businesses4 7#i7 ,periodic system or program reviews to address long-term competitive effects of program decisions4 7e7 ,acquisition workforce plan 7#a7 ,acquisition workforce ,the strategy required under subsection 7a7 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 individuals1 including a cost-benefit analysis of contracting for acquisition assistance4 7#b7 ,additional matters covered ,the acquisition workforce plan under this subsection shall address ways to-- 7,a7 improve the recruitment1 hiring1 training1 and retention of ,department acquisition workforce personnel1 including contracting officer's representatives1 in order to retain highly qualified individuals who have experience in the acquisition life cycle1 complex procurements1 and management of large programs2 7,b7 empower program managers to have the authority to manage their programs in an accountable and transparent manner as such managers work with the acquisition workforce2 7,c7 prevent duplication within ,department acquisition workforce training and certification requirements through leveraging already-existing training within the ,federal ,government1 academic community1 or private industry2 7,d7 achieve integration and consistency with ,government-wide training and accreditation standards1 acquisition training tools1 and training facilities2 7,e7 designate the acquisition positions that will be necessary to support the ,department acquisition requirements1 including in the fields of-- 7i7 program management2 7ii7 systems engineering2 7iii7 procurement1 including contracting2 7iv7 test and evaluation2 7v7 life cycle logistics2 7vi7 cost estimating and program financial management2 and 7vii7 additional disciplines appropriate to ,department mission needs2 7,f7 strengthen the performance of contracting officers' representatives 7as defined in subpart #a4fjb-b and subpart #b4aja of the ,federal ,acquisition ,regulation71 including by-- 7i7 assessing the extent to which such representatives are certified and receive training that is appropriate2 7ii7 assessing what training is most effective with respect to the type and complexity of assignment2 and 7iii7 implementing actions to improve training based on such assessments2 and 7,g7 identify ways to increase training for relevant investigators and auditors of the ,department to examine fraud in major acquisition programs1 including identifying opportunities to leverage existing ,government and private sector resources in coordination with the ,inspector ,general of the ,department4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #hcg1 as added by this title1 the following new item3 ,sec4 #hch4 ,multiyear acquisition strategy4 4 7c7 ,government ,accountability ,office review of multiyear acquisition strategy 7#a7 ,review ,after submission of the first multiyear acquisition strategy in accordance with section #hch of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a71 after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a review of such plan within #ahj days to analyze the viability of such plan's effectiveness in the following3 7,a7 ,complying with the requirements of such section #hch4 7,b7 ,establishing clear connections between ,department of ,homeland ,security objectives and acquisition priorities4 7,c7 ,demonstrating that ,department acquisition policy reflects program management best practices and standards4 7,d7 ,ensuring competition or the option of competition for major acquisition programs4 7,e7 ,considering potential cost savings through using already-existing technologies when developing acquisition program requirements4 7,f7 ,preventing duplication within ,department acquisition workforce training requirements through leveraging already-existing training within the ,federal ,government1 academic community1 or private industry4 7,g7 ,providing incentives for acquisition program managers to reduce acquisition and procurement costs through the use of best practices and disciplined program management4 7#b7 ,definitions ,the terms acquisition1 best practices1 and major acquisition programs have the meanings given such terms in section #hcf of the ,homeland ,security ,act of #bjjb1 as added by this title4 7#c7 ,report ,not later than #ahj days after the completion of the review required by subsection 7a71 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 review4 ,such report shall be submitted in unclassified form but may include a classified annex4 #acj4 ,acquisition reports 7a7 ,in general ,subtitle ,d of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cia et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #hci4 ,acquisition reports 7a7 ,comprehensive acquisition status report 7#a7 ,in general ,at the same time as the ,president's budget is submitted for a fiscal year under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,under ,secretary for ,management shall submit to the congressional homeland security committees an annual comprehensive acquisition status report4 ,the report shall include the following3 7,a7 ,the information required under the heading ,office of the ,under ,secretary for ,management under title ,i of division ,d of the ,consolidated ,appropriations ,act1 #bjab 7,public ,law #aab-gd7 7as required under the ,department of ,homeland ,security ,appropriations ,act1 #bjac 7,public ,law #aac-f774 7,b7 ,a listing of programs that have been cancelled1 modified1 paused1 or referred to the ,under ,secretary for ,management or ,deputy ,secretary for additional oversight or action by the ,board1 ,department ,office of ,inspector ,general1 or the ,comptroller ,general4 7,c7 ,a listing of established ,executive ,steering ,committees1 which provide governance of a program or related set of programs and lower-tiered oversight1 and support between acquisition decision events and component reviews1 including the mission and membership for each4 7#b7 ,information for major acquisition programs ,for each major acquisition program1 the report shall include the following3 7,a7 ,a narrative description1 including current gaps and shortfalls1 the capabilities to be fielded1 and the number of planned increments or units4 7,b7 ,acquisition ,review ,board 7or other board designated to review the acquisition7 status of each acquisition1 including the current acquisition phase1 the date of the last review1 and a listing of the required documents that have been reviewed with the dates reviewed or approved4 7,c7 ,the most current1 approved acquisition program baseline 7including project schedules and events74 7,d7 ,a comparison of the original acquisition program baseline1 the current acquisition program baseline1 and the current estimate4 7,e7 ,whether or not an independent verification and validation has been implemented1 with an explanation for the decision and a summary of any findings4 7,f7 ,a rating of cost risk1 schedule risk1 and technical risk associated with the program 7including narrative descriptions and mitigation actions74 7,g7 ,contract status 7including earned value management data as applicable74 7,h7 ,a life cycle cost of the acquisition1 and time basis for the estimate4 7#c7 ,updates ,the ,under ,secretary shall submit quarterly updates to such report not later than #de days after the completion of each quarter4 7b7 ,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 governance4 ,the report shall be submitted to the congressional homeland security committees4 7c7 ,congressional homeland security committees defined ,in this section1 the term congressional homeland security committees means-- 7#a7 the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7#b7 the ,committee on ,appropriations of the ,house of ,representatives and the ,committee on ,appropriations of the ,senate4 4 7b7 ,level #c acquisition programs of components of the department 7#a7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 component heads of the ,department of ,homeland ,security shall identify to the ,under ,secretary for ,management of the ,department all level #c acquisition programs of each respective component4 ,not later than #cj days after receipt of such information1 the ,under ,secretary shall certify in writing to the congressional homeland security committees whether such component heads have properly identified such programs4 ,to carry out this paragraph1 the ,under ,secretary shall establish a process with a repeatable methodology to continually identify level #c acquisition programs4 7#b7 ,policies and guidance ,not later than #ahj days after the date of the enactment of this ,act1 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 #c acquisition programs of each respective component4 ,not later than #ij days after receipt of such policies and guidance1 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 policies4 7c7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by inserting after the item relating to section #hch1 as added by this title1 the following new item3 ,sec4 #hci4 ,acquisition reports4 4 #aca4 ,prohibition on operation or procurement of foreign-made unmanned aircraft systems 7a7 ,prohibition on agency operation or procurement ,the ,secretary of ,homeland ,security may not operate1 provide financial assistance for1 or enter into or renew a contract for the procurement of-- 7#a7 an unmanned aircraft system 7,,uas7 that-- 7,a7 is manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country2 7,b7 uses flight controllers1 radios1 data transmission devices1 cameras1 or gimbals manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country2 7,c7 uses a ground control system or operating software developed in a covered foreign country or by a corporation domiciled in a covered foreign country2 or 7,d7 uses network connectivity or data storage located in or administered by a corporation domiciled in a covered foreign country2 or 7#b7 a system manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country for the detection or identification of covered unmanned aircraft systems4 7b7 ,waiver ,the ,secretary of ,homeland ,security may waive the prohibition under subsection 7a7 on a case by case basis by certifying in writing to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate that the operation or procurement that is the subject of such a waiver is required-- 7#a7 in the national interest of the ,united ,states2 7#b7 for counter-,,uas surrogate testing and training2 or 7#c7 for intelligence1 electronic warfare1 or information warfare operations1 testing1 analysis1 and or training4 7c7 ,definitions ,in this section3 7#a7 ,covered foreign country ,the term covered foreign country means a country labeled as a strategic competitor in the ,summary of the #bjah ,national ,defense ,strategy of the ,united ,states of ,america3 ,sharpening the ,american ,military's ,competitive ,edge issued by the ,department of ,defense pursuant to section #aac of title #aj1 ,united ,states ,code4 7#b7 ,covered unmanned aircraft system ,the term unmanned aircraft system has the meaning given such term in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #ddhjb note74 #acb4 ,establishment of the ,office of ,biometric ,identity ,management 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #gae4 ,office of ,biometric ,identity ,management 7a7 ,establishment ,the ,office of ,biometric ,identity ,management is established within the ,management ,directorate of the ,department4 7b7 ,director 7#a7 ,in general ,the ,office of ,biometric ,identity ,management shall be administered by the ,director of the ,office of ,biometric ,identity ,management 7in this section referred to as the ,director7 who shall report to the ,secretary1 or to another official of the ,department1 as the ,secretary may direct4 7#b7 ,qualifications and duties ,the ,director shall-- 7,a7 have significant professional management experience1 as well as experience in the field of biometrics and identity management2 7,b7 lead the ,department's biometric identity services to support efforts and activities relating to anti-terrorism1 counter-terrorism1 border security1 credentialing1 national security1 and public safety2 7,c7 enable operational missions across the ,department by receiving1 matching1 storing1 sharing1 and analyzing biometric and associated biographic and encounter data2 7,d7 deliver biometric identity information and analysis capabilities to-- 7i7 the ,department and its components2 7ii7 appropriate ,federal1 ,state1 local1 and tribal agencies2 7iii7 appropriate foreign governments2 and 7iv7 appropriate private sector entities2 7,e7 support the law enforcement1 public safety1 national security1 and homeland security missions of other ,federal1 ,state1 local1 and tribal agencies1 as appropriate2 7,f7 manage the operation of the ,department's primary biometric repository and identification system2 7,g7 manage ,biometric ,support ,centers to provide biometric identification and verification analysis and services to the ,department1 appropriate ,federal1 ,state1 local1 and tribal agencies1 appropriate foreign governments1 and appropriate private sector entities2 7,h7 oversee the implementation of ,department-wide standards for biometric conformity1 and work to make such standards ,government-wide2 7,i7 in coordination with the ,department's ,office of ,strategy1 ,policy1 and ,plans1 and in consultation with relevant component offices and headquarters offices1 enter into data sharing agreements with appropriate ,federal1 ,state1 local1 and foreign agencies to support immigration1 law enforcement1 national security1 and public safety missions2 7,j7 maximize interoperability with other ,federal1 ,state1 local1 and foreign biometric systems1 as appropriate2 7,k7 ensure the activities of the ,office of ,biometric ,identity ,management are carried out in compliance with the policies and procedures established by the ,privacy ,officer appointed under section #bbb2 and 7,l7 carry out other duties and powers prescribed by law or delegated by the ,secretary4 7c7 ,deputy ,director ,there shall be in the ,office of ,biometric ,identity ,management a ,deputy ,director1 who shall assist the ,director in the management of the ,office4 7d7 ,other authorities 7#a7 ,in general ,the ,director may establish such other offices within the ,office of ,biometric ,identity ,management as the ,director determines necessary to carry out the missions1 duties1 functions1 and authorities of the ,office4 7#b7 ,notification ,if the ,director exercises the authority provided by paragraph 7#a71 the ,director shall notify the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate not later than #cj days before exercising such authority4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #gad1 as added by this title1 the following new item3 ,sec4 #gae4 ,office of ,biometric ,identity ,management4 4 ,c ,management of ,programs #ada4 ,department of ,homeland ,security enhanced hiring 7a7 ,appointment authority for veterans ,notwithstanding sections #ccji through #ccai1 #ccbg1 and #cccj of title #e1 ,united ,states ,code1 the ,secretary of ,homeland ,security may noncompetitively appoint a qualified veteran to a position in the competitive service within the ,department of ,homeland ,security4 7b7 ,public hiring authority 7#a7 ,in general ,the ,secretary of ,homeland ,security may1 notwithstanding sections #ccji through #ccai1 #ccbg1 and #cccj of title #e1 ,united ,states ,code1 noncompetitively appoint a qualified candidate to a position in the competitive service if the ,secretary determines such position is critical to the mission of the ,department4 7#b7 ,conditions 7,a7 #bj percent or greater ,the ,secretary of ,homeland ,security may exercise the authority under paragraph 7#a7 in any calendar year only if the representation of veterans within the ,department of ,homeland ,security civilian workforce at the end of the preceding fiscal year was #bj percent or greater4 7,b7 ,less than #bj percent ,in the event the representation of veterans within the ,department of ,homeland ,security in a fiscal year does not meet or exceed the level identified in subparagraph 7,a71 the ,secretary may exercise the authority under this section for the following calendar year provided that the total number of qualified candidates appointed under this section does not exceed #bj percent of the total number of positions that the ,department of ,homeland ,security filled during the preceding fiscal year4 7c7 ,regulations ,the ,secretary of ,homeland ,security may prescribe regulations to carry out this section and any such regulations shall be exempt from the requirements of section #eec of title #e1 ,united ,states ,code1 as a matter relating to agency management or personnel4 7d7 ,information and report 7#a7 ,information ,the ,secretary of ,homeland ,security shall1 not later than ,december #ca of each calendar year1 provide to the ,director of the ,office of ,personnel ,management identification of the mission critical occupations to which the ,secretary appointed qualified candidates under subsection 7b7 during the preceding fiscal year4 7#b7 ,report ,the ,secretary of ,homeland ,security shall annually report to ,congress on the effectiveness of the use of the authority under this section regarding the length of time to hire individuals1 employee retention1 and vacancies within the ,department of ,homeland ,security4 7e7 ,definitions ,in this section-- 7#a7 the term veteran means an individual who-- 7,a7 7i7 has served on active duty in the ,armed ,forces2 and 7ii7 was discharged or released from active duty in the ,armed ,forces under honorable conditions2 or 7,b7 is preference eligible1 as defined in section #bajh of title #e1 ,united ,states ,code2 and 7#b7 the term mission critical occupation means those occupations that affect the ability to achieve the agency's mission4 #adb4 ,fitness standards 7a7 ,strategy for fitness standardization ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security and in coordination with heads of the components of the ,department1 shall-- 7#a7 develop a strategy and timeline for implementation and use of uniform fitness standards that correspond to the relevant position risk level as the basis for fitness determinations for a contractor employee across the ,department of ,homeland ,security2 and 7#b7 ensure such strategy includes a system of reciprocity across the ,department4 7b7 ,length of time for fitness review ,the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security1 shall collect data to allow the ,department and its components and contractor representatives to assess average fitness investigation1 adjudication1 and determination processing times for each component of the ,department1 including information regarding the parameters used to calculate each such average4 7c7 ,study on fitness adjudication status updates ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security1 shall enter into a contract with a federally funded research and development center 7,,ffrdc7 to conduct a cost benefit analysis for establishing a uniform process to provide contractor representatives access to information regarding the status of fitness determinations for ,department contractor employees relevant to such contractor representatives4 #adc4 ,training to protect the vulnerable 7a7 ,training expansion ,section #hhd7;c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dfd7 is amended-- 7#a7 in paragraph 7#i71 by striking and at the end2 7#b7 by redesignating paragraph 7#aj7 as paragraph 7#aa72 and 7#c7 by inserting after paragraph 7#i7 and inserting the following new paragraphs3 7#aj7 conduct training programs for ,federal1 ,state1 local1 ,tribal1 and territorial law enforcement agencies related to human smuggling and trafficking along the ,united ,states border1 at airport security checkpoints1 and within the interior of the ,united ,states2 and 4 7b7 ,,fletc human trafficking awareness training program ,the ,director1 in consultation with the ,blue ,campaign office1 shall develop a program to provide training to ,federal1 ,state1 local1 ,tribal1 territorial1 and international law enforcement personnel1 as appropriate1 related to-- 7#a7 identifying instances of human trafficking2 7#b7 the types of information that should be collected and recorded in information technology systems utilized by the ,department to help identify individuals suspected or convicted of human trafficking2 7#c7 how to conduct systematic and routine information sharing within the ,department and among ,federal1 ,state1 ,tribal1 and local law enforcement agencies regarding-- 7,a7 individuals suspected or convicted of human trafficking2 and 7,b7 patterns and practices of human trafficking2 7#d7 techniques to identify suspected victims of trafficking along the ,united ,states border and at airport security checkpoints2 and 7#e7 methods to be used by the ,transportation ,security ,administration and personnel from other appropriate agencies to-- 7,a7 train employees of the ,transportation ,security ,administration to identify suspected victims of trafficking2 and 7,b7 serve as a liaison and resource regarding human trafficking prevention to appropriate ,state1 local1 and private sector aviation workers and the traveling public4 #add4 ,department of ,homeland ,security ,blue ,campaign enhancement ,section #dcd of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bdb7 is amended by adding at the end the following new subsections3 7f7 ,web-,based training programs ,to enhance training opportunities1 the ,director of the ,blue ,campaign shall develop web-based interactive training videos that utilize a learning management system to provide online training opportunities that shall be made available to the following individuals3 7#a7 ,federal1 ,state1 local1 ,tribal1 and territorial law enforcement officers4 7#b7 ,detention and correction system personnel4 7#c7 ,such other individuals as the ,director determines appropriate4 7g7 ,blue ,campaign ,advisory ,board 7#a7 ,in general ,the ,secretary shall establish within the ,department a ,blue ,campaign ,advisory ,board and shall assign to such ,board a representative from each of the following components3 7,a7 ,the ,transportation ,security ,administration4 7,b7 ,u4,s4 ,customs and ,border ,protection4 7,c7 ,u4,s4 ,immigration and ,customs ,enforcement4 7,d7 ,the ,federal ,law ,enforcement ,training ,center4 7,e7 ,the ,united ,states ,secret ,service4 7,f7 ,any other components or offices the ,secretary determines appropriate4 7#b7 ,consultation ,the ,director shall consult the ,board established pursuant to paragraph 7#a7 regarding the following3 7,a7 ,trends and patterns in human trafficking to inform the development of training and materials by the ,blue ,campaign4 7,b7 ,the development of effective awareness campaigns for ,federal and non-,federal officials to identify and prevent instances of human trafficking4 7,c7 ,outreach to persons or entities that may be uniquely positioned to recognize signs of human trafficking and provide assistance in the development of materials for such persons4 7#c7 ,applicability ,the ,federal ,advisor ,committee ,act 7#e ,u4,s4,c4 ,app47 does not apply to-- 7,a7 the ,board2 or 7,b7 consultations under paragraph 7#b74 7h7 ,consultation ,with regard to the development of programs under the ,blue ,campaign and the implementation of such programs1 the ,director is authorized to consult with ,state1 local1 ,tribal1 and territorial agencies1 non-governmental organizations1 private sector organizations1 and experts4 ,such consultation shall be exempt from the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 4 ,,ii ,intelligence and ,information ,sharing ,a ,,dhs ,intelligence ,enterprise #bja4 ,annual homeland threat assessments 7a7 ,in general ,subtitle ,a of title ,,ii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aba et seq47 is amended by adding at the end the following new section3 #baj;,h4 ,homeland threat assessments 7a7 ,in general ,not later than #ahj days after the date of the enactment of this section and for each of the next five fiscal years 7beginning in the fiscal year that begins after the date of the enactment of this section7 the ,secretary1 acting through the ,under ,secretary for ,intelligence and ,analysis1 and using departmental information1 including component information1 and information provided through ,state and major urban area fusion centers1 shall conduct an assessment of the terrorist threat to the homeland4 7b7 ,contents ,each assessment under subsection 7a7 shall include the following3 7#a7 ,empirical data assessing terrorist activities and incidents over time in the ,united ,states1 including terrorist activities and incidents planned or supported by persons outside of the ,united ,states targeting the homeland4 7#b7 ,an evaluation of current terrorist tactics1 as well as ongoing and possible future changes in terrorist tactics4 7#c7 ,an assessment of criminal activity encountered or observed by officers or employees of components in the field which is suspected of financing terrorist activity4 7#d7 ,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 7as such term is used in section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi774 7#e7 ,the efficacy and spread of foreign terrorist organization propaganda1 messaging1 or recruitment4 7#f7 ,an assessment of threats1 including cyber threats1 to the homeland1 including to critical infrastructure and ,federal civilian networks4 7#g7 ,an assessment of current and potential terrorism and criminal threats posed by individuals and organized groups seeking to unlawfully enter the ,united ,states4 7#h7 ,an assessment of threats to the transportation sector1 including surface and aviation transportation systems4 7c7 ,additional information ,the assessments required under subsection 7a7-- 7#a7 shall1 to the extent practicable1 utilize existing component data collected from the field2 and 7#b7 may incorporate relevant information and analysis from other agencies of the ,federal ,government1 agencies of ,state and local governments 7including law enforcement agencies71 as well as the private sector1 disseminated in accordance with standard information sharing procedures and policies4 7d7 ,form ,the assessments required under subsection 7a7 shall be shared with the appropriate congressional committees and submitted in classified form1 but-- 7#a7 shall include unclassified summaries2 and 7#b7 may include unclassified annexes1 if appropriate4 4 7b7 ,conforming amendment ,subsection 7d7 of section #bja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aba7 is amended by adding at the end the following new paragraph3 7#bd7 ,to carry out section #baj;,h 7relating to homeland threat assessments74 4 7c7 ,clerical amendment ,the table of contents of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #baj;,g the following new item3 ,sec4 #baj;,h4 ,homeland threat assessments4 4 #bjb4 ,homeland intelligence doctrine 7a7 ,in general ,subtitle ,a of title ,,ii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aba et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #baj;,i4 ,homeland intelligence doctrine 7a7 ,in general ,not later than #ahj days after the date of the enactment of this section1 the ,secretary1 acting through the ,chief ,intelligence ,officer of the ,department1 in coordination with intelligence components of the ,department1 the ,office of the ,general ,counsel1 the ,privacy ,office1 and the ,office for ,civil ,rights and ,civil ,liberties1 shall develop and disseminate written ,department-wide guidance for the processing1 analysis1 production1 and dissemination of homeland security information 7as such term is defined in section #hib7 and terrorism information 7as such term is defined in section #ajaf of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#f ,u4,s4,c4 #dhe774 7b7 ,contents ,the guidance required under subsection 7a7 shall1 at a minimum1 include the following3 7#a7 ,a description of guiding principles and purposes of the ,department's intelligence enterprise4 7#b7 ,a summary of the roles1 responsibilities1 and programs of each intelligence component of the ,department in the processing1 analysis1 production1 or dissemination of homeland security information and terrorism information1 including relevant authorities and restrictions applicable to each such intelligence component4 7#c7 ,guidance for the processing1 analysis1 and production of such information4 7#d7 ,guidance for training necessary for appropriate personnel to process1 analyze1 produce1 and disseminate homeland security information and terrorism information4 7#e7 ,guidance for the dissemination of such information1 including within the ,department1 among and between ,federal departments and agencies1 among and between ,state1 local1 ,tribal1 and territorial governments1 including law enforcement1 and with foreign partners and the private sector1 consistent with the protection of privacy1 civil rights1 and civil liberties4 7#f7 ,a description of how the dissemination to the intelligence community 7as such term is defined in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d777 and ,federal law enforcement of such information assists such entities in carrying out their respective missions4 7c7 ,form ,the guidance required under subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 7d7 ,annual review ,for each of the #e fiscal years beginning with the first fiscal year that begins after the date of the enactment of this section1 the ,secretary shall conduct a review of the guidance required under subsection 7a7 and1 as appropriate1 revise such guidance4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #baj;,h1 as added by title1 the following new item3 ,sec4 #baj;,i4 ,homeland intelligence doctrine4 4 #bjc4 ,comptroller ,general assessment 7a7 ,annual assessment required ,not later than #a year after the date of the enactment of this ,act and again not later than #e years thereafter1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate an assessment of the degree to which guidance established pursuant to section #baj;,i of the ,homeland ,security ,act of #bjjb 7as added by section #bjb7 is implemented across the ,department of ,homeland ,security4 ,such assessment should evaluate the extent to which such guidance is carried out in a manner that protects privacy1 civil rights1 and civil liberties4 7b7 ,elements of assessment ,in conducting each assessment under subsection 7a71 the ,comptroller ,general of the ,united ,states shall-- 7#a7 use standard methodology and reporting formats in order to demonstrate and display any changes over time2 and 7#b7 include any other subject matter the ,comptroller ,general determines appropriate4 7c7 ,access to relevant data ,to carry out this section1 the ,secretary of ,homeland ,security shall ensure that the ,comptroller ,general of the ,united ,states has access to all relevant data4 #bjd4 ,analysts for the chief intelligence officer ,paragraph 7#a7 of section #bja7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aba7;e77 is amended by adding at the end the following new sentence3 ,the ,secretary shall also provide the ,chief ,intelligence ,officer with a staff having appropriate expertise and experience to assist the ,chief ,intelligence ,officer44 #bje4 ,establishment of ,insider ,threat ,program 7a7 ,in general ,title ,i of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aaa et seq47 is amended by adding at the end the following new section3 #ajd4 ,insider ,threat ,program 7a7 ,establishment ,the ,secretary shall establish an ,insider ,threat ,program within the ,department4 ,such ,program shall-- 7#a7 provide training and education for ,department personnel to identify1 prevent1 mitigate1 and respond to insider threat risks to the ,department's critical assets2 7#b7 provide investigative support regarding potential insider threats that may pose a risk to the ,department's critical assets2 and 7#c7 conduct risk mitigation activities for insider threats4 7b7 ,steering ,committee 7#a7 ,in general ,the ,secretary shall establish a ,steering ,committee within the ,department4 ,the ,under ,secretary for ,intelligence and ,analysis shall serve as the ,chair of the ,steering ,committee4 ,the ,chief ,security ,officer shall serve as the ,vice ,chair4 ,the ,steering ,committee shall be comprised of representatives of the ,office of ,intelligence and ,analysis1 the ,office of the ,chief ,information ,officer1 the ,office of the ,general ,counsel1 the ,office for ,civil ,rights and ,civil ,liberties1 the ,privacy ,office1 the ,office of the ,chief ,human ,capital ,officer1 the ,office of the ,chief ,financial ,officer1 the ,federal ,protective ,service1 the ,office of the ,chief ,procurement ,officer1 the ,science and ,technology ,directorate1 and other components or offices of the ,department as appropriate4 ,such representatives shall meet on a regular basis to discuss cases and issues related to insider threats to the ,department's critical assets1 in accordance with subsection 7a74 7#b7 ,responsibilities ,not later than one year after the date of the enactment of this section1 the ,under ,secretary for ,intelligence and ,analysis and the ,chief ,security ,officer1 in coordination with the ,steering ,committee established pursuant to paragraph 7#a71 shall carry out the following3 7,a7 ,develop a holistic strategy for ,department-wide efforts to identify1 prevent1 mitigate1 and respond to insider threats to the ,department's critical assets4 7,b7 ,develop a plan to implement the insider threat measures identified in the strategy developed under subparagraph 7,a7 across the components and offices of the ,department4 7,c7 ,document insider threat policies and controls4 7,d7 ,conduct a baseline risk assessment of insider threats posed to the ,department's critical assets4 7,e7 ,examine existing programmatic and technology best practices adopted by the ,federal ,government1 industry1 and research institutions to implement solutions that are validated and cost-effective4 7,f7 ,develop a timeline for deploying workplace monitoring technologies1 employee awareness campaigns1 and education and training programs related to identifying1 preventing1 mitigating1 and responding to potential insider threats to the ,department's critical assets4 7,g7 ,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 informed1 on an ongoing basis1 by current information regarding threats1 beset practices1 and available technology4 7,h7 ,develop1 collect1 and report metrics on the effectiveness of the ,department's insider threat mitigation efforts4 7c7 ,definitions ,in this section3 7#a7 ,critical assets ,the term critical assets means the people1 facilities1 information1 and technology required for the ,department to fulfill its mission4 7#b7 ,insider ,the term insider means-- 7,a7 any person who has access to classified national security information and is employed by1 detailed to1 or assigned to the ,department1 including members of the ,armed ,forces1 experts or consultants to the ,department1 industrial or commercial contractors1 licensees1 certificate holders1 or grantees of the ,department1 including all subcontractors1 personal services contractors1 or any other category of person who acts for or on behalf of the ,department1 as determined by the ,secretary2 or 7,b7 ,state1 local1 ,tribal1 territorial1 and private sector personnel who possess security clearances granted by the ,department4 7#c7 ,insider threat ,the term insider threat means the threat that an insider will use his or her authorized access1 wittingly or unwittingly1 to do harm to the security of the ,united ,states1 including damage to the ,united ,states through espionage1 terrorism1 the unauthorized disclosure of classified national security information1 or through the loss or degradation of departmental resources or capabilities4 4 7b7 ,reporting 7#a7 ,in general ,not later than two years after the date of the enactment of section #ajd of the ,homeland ,security ,act of #bjjb 7as added by subsection 7a7 of this section7 and biennially thereafter for the next four years1 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 7b77#b77;,a7 of such section #ajd1 the status of the ,department's risk assessment of critical assets1 the types of insider threat training conducted1 the number of ,department employees who have received such training1 and information on the effectiveness of the ,insider ,threat ,program 7established pursuant to subsection 7a7 of such section #ajd71 based on metrics developed1 collected1 and reported pursuant to subsection 7b77#b77;,h7 of such section #ajd4 7#b7 ,definitions ,in this subsection1 the terms critical assets1 insider1 and insider threat have the meanings given such terms in section #ajd of the ,homeland ,security ,act of #bjjb 7as added by subsection 7a7 of this section74 7c7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #ajc the following new item3 ,sec4 #ajd4 ,insider ,threat ,program4 4 #bjf4 ,department of ,homeland ,security counterintelligence vetting task force 7a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall assign personnel of the ,department of ,homeland ,security to participate in a counterintelligence vetting task force to make recommendations to improve counterintelligence vetting for appropriate departmental programs4 7b7 ,personnel ,in carrying out subsection 7a71 the ,secretary of ,homeland ,security may assign personnel from any component of the ,department of ,homeland ,security the ,secretary determines necessary to participate in the task force established pursuant to such subsection4 7c7 ,coordination ,in carrying out subsection 7a71 the ,secretary of ,homeland ,security may request participation in the task force established pursuant to such subsection from other appropriate ,federal agencies4 7d7 ,report ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report on the recommendations made by the task force established pursuant to subsection 7a74 #bjg4 ,visa security 7a7 ,establishment 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the interagency working group established under section #agdf7;a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib7 shall commence a review of the current policies and procedures of the ,department of ,homeland ,security and ,department of ,state for the purpose of identifying1 investigating1 and preventing the illicit transfer of sensitive technologies and research from ,united ,states institutions of higher education and research institutions through more effective visa security operations and improved protections for such sensitive technologies4 7#b7 ,objectives 7,a7 ,analysis of current visa issuance and admission procedures ,the interagency working group referred to in paragraph 7#a7 shall-- 7i7 analyze the current visa application process1 and the role of the ,department of ,homeland ,security and the ,department of ,state in such process1 including the screening of visa applicants against appropriate criminal1 intelligence1 national security1 terrorism1 and other databases and information maintained by the ,federal ,government1 and make recommendations to the ,secretaries of such ,departments to better screen1 identify1 and refuse entry to individuals who seek to enter the ,united ,states to engage in the illicit transfer of sensitive technologies from ,united ,states institutions of higher educations or research institutions2 7ii7 evaluate current policies for refusing visas on grounds that an individual is likely to enter the ,united ,states to engage in the illicit transfer of sensitive technologies and recommend updates to the ,foreign ,affairs ,manual and other agency guidance to clarify when and how visas can be refused on such grounds2 and 7iii7 analyze current screening procedures at ,united ,states ports of entry and make recommendations to the ,secretaries of such ,departments to better identify individuals who seek to enter the ,united ,states to engage in such illicit transfer of sensitive technologies4 7,b7 ,national security review of certain nonimmigrant students ,the interagency working group shall recommend procedures and standards for the ,department of ,homeland ,security1 in cooperation with other appropriate ,federal agencies1 to conduct national security reviews of aliens who-- 7i7 are present in the ,united ,states-- 7,i7 in a nonimmigrant classification described in subparagraphs 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 and change from a program of study not related to sensitive technologies to a program of study or significant coursework1 research1 or laboratory access related to sensitive technologies2 or 7,,ii7 as a nonimmigrant and seek to change status1 pursuant to section #bdh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeh71 to that of a nonimmigrant described in subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae771 for purposes of engaging in a program of study related to sensitive technologies2 and 7ii7 as a result of engaging in a program of study related to sensitive technologies1 will have access to information related to operating1 installing1 maintaining1 repairing1 overhauling1 or refurbishing sensitive technologies or development activities related to sensitive technologies4 7,c7 ,identifying individuals requiring national security review ,for purposes of facilitating the identification of individuals described in subparagraph 7,b77ii71 the interagency working group shall-- 7i7 develop a nonpublic list of six-digit ,classification of ,instructional ,programs 7,,cip7 codes for programs of study related to sensitive technologies to be used in reporting required by section #fda of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acgb7;d77 and related regulations2 7ii7 recommend to the ,secretary of ,homeland ,security changes1 as appropriate1 to the ,student and ,exchange ,visitor ,information ,system1 or other system designated for such purpose by the ,secretary of ,homeland ,security1 to ensure that individuals who seek to engage in programs of study but who will not have access to information related to operating1 installing1 maintaining1 repairing1 overhauling1 or refurbishing sensitive technologies or development activities related to sensitive technologies are not unnecessarily subjected to national security reviews2 7iii7 recommend to the ,secretary of ,homeland ,security changes to relevant regulations to ensure that entities certified by the ,student and ,exchange ,visitor ,program routinely and accurately report the program of study and other necessary information in the ,student and ,exchange ,visitor ,information ,system1 or other system designated for such purpose by the ,secretary of ,homeland ,security1 for each nonimmigrant described in subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 who is enrolled in such entity2 and 7iv7 identify mechanisms for the ,department of ,homeland ,security1 in cooperation with other appropriate ,federal agencies1 to order the removal of and make ineligible for future nonimmigrant classification described in subparagraphs 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 individuals who may be identified following pursuant to national security reviews conducted in accordance with subparagraph 7,b74 7,d7 ,identifying gaps in authority to address national security threats ,not later than one year after the date of the enactment of this ,act1 the interagency working group shall identify deficiencies in existing legal authorities determined to be an impediment in achieving the recommendations described in clauses 7ii7 and 7iii7 of subparagraph 7,c71 and recommend to the appropriate congressional committees legislative solutions to address such deficiencies4 7#c7 ,composition ,in addition to the members specified in section #agdf7;a77#b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib71 for purposes of carrying out the review required under paragraph 7#a71 the interagency working group consult with the following3 7,a7 ,u4,s4 ,customs and ,border ,protection1 ,office of ,field ,operations4 7,b7 ,u4,s4 ,immigration and ,customs ,enforcement1 ,student and ,exchange ,visitor ,program4 7,c7 ,u4,s4 ,immigration and ,customs ,enforcement1 ,counterterrorism and ,criminal ,exploitation ,unit4 7,d7 ,u4,s4 ,immigration and ,customs ,enforcement1 ,visa ,security ,program4 7,e7 ,the ,department of ,homeland ,security1 ,office of ,intelligence and ,analysis4 7,f7 ,the ,federal ,bureau of ,investigation4 7,g7 ,at least two representatives from the ,department of ,state1 ,bureau of ,consular ,affairs4 7,h7 ,private sector and higher education personnel1 as appropriate and to a degree that would not detrimentally impact any ongoing law enforcement investigation or intelligence operation1 as determined by the ,secretary of ,homeland ,security4 7#d7 ,consultation ,in carrying out the objectives described in paragraph 7#b71 the interagency working group shall coordinate and consult regularly with the ,national ,science1 ,technology1 and ,security ,roundtable established under section #agdf7;b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib74 7#e7 ,report ,not later than one year after the commencement of the review required under paragraph 7#a71 the interagency working group shall submit to the appropriate congressional committees a report-- 7,a7 detailing the results of such review and the analyses and evaluation required under paragraph 7#b77;,a72 and 7,b7 identifying any legislative solutions necessary to improve the ability of the ,department of ,homeland ,security1 the ,department of ,state1 or both1 to identify1 investigate1 and prevent the illicit transfer of sensitive technologies from ,united ,states institutions of higher education and research institutions as a result of programs of study related to sensitive technologies undertaken by aliens described in subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae774 7#f7 ,definitions ,in this subsection3 7,a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,homeland ,security1 the ,committee on the ,judiciary1 the ,committee on ,armed ,services1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on the ,judiciary1 the ,committee on ,armed ,services1 and the ,committee on ,foreign ,relations of the ,senate4 7,b7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7,c7 ,program of study ,the term program of study means any degree program1 field of study1 significant coursework1 research1 or laboratory access related to sensitive technologies1 or other academic activity required to be reported pursuant to section #fda7;a7 of the ,omnibus ,consolidated ,appropriations ,act1 #aiig 7,public ,law #ajd-bjh 7#h ,u4,s4,c4 #acgb7;a7774 7,d7 ,sensitive technologies ,the term sensitive technologies has the meaning given such term in paragraph 7#h7 of section #dbh7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;e771 as added by subsection 7b74 7b7 ,amendments to the ,homeland ,security ,act of #bjjb and related visa security matters 7#a7 ,program scope ,paragraph 7#a7 of section #dbh7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;e77 is amended-- 7,a7 by striking ,the ,secretary and inserting the following3 7,a7 ,authorization ,the ,secretary 2 and 7,b7 by adding at the end the following new subparagraph3 7,b7 ,risk-based assignments 7i7 ,in general ,assignments under subparagraph 7,a7 shall be made-- 7,i7 in a risk-based manner2 7,,ii7 considering the criteria described in clause 7ii72 and 7,,iii7 in accordance with ,national ,security ,decision ,directive #ch of ,june #b1 #aihb1 or any superseding presidential directive concerning staffing at diplomatic and consular posts4 7ii7 ,criteria described ,the criteria described in this clause are the following3 7,i7 ,the number of nationals of the subject country who were identified in ,united ,states ,government databases related to the identities of known or suspected terrorists during the previous two years4 7,,ii7 ,information on the cooperation of such country with the counterterrorism efforts of the ,united ,states4 7,,iii7 ,information analyzing the presence1 activity1 or movement of terrorist organizations 7as such term is defined in section #bab7;a77#c77;,b77vi7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b77vi777 within or through such country4 7,,iv7 ,the number of formal objections and denials based on derogatory information issued through the interagency ,security ,advisory ,opinion process4 7,v7 ,countries identified as a strategic competitor in the ,summary of the #bjah ,national ,defense ,strategy of the ,united ,states of ,america3 ,sharpening the ,american ,military's ,competitive ,edge issued by the ,department of ,defense pursuant to section #aac7;g77#a77;,a7 of title #aj1 ,united ,states ,code1 or any successor document4 7,,vi7 ,the number of cases involving counterintelligence1 illicit technology transfer1 and counterproliferation related to the identities of nationals of such country4 7,,vii7 ,information on the cooperation of such country with the counterintelligence1 countering nontraditional collection1 illicit technology transfer1 and counterproliferation efforts of the ,united ,states1 including information on foreign government-owned infrastructure and organizations dedicated to such matters4 7,,viii7 ,the adequacy of the border and immigration control of such country4 7,,ix7 ,any other criteria the ,secretary determines appropriate4 7iii7 ,prioritization ,the ,secretary shall1 until ,december #ca1 #bjbd1 prioritize the establishment of new overseas assignments made under this subsection to diplomatic and consular posts in countries that are strategic competitors with the goal of countering the exploitation or illicit transfer of sensitive technologies by aliens described in subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae774 4 7#b7 ,screening ,paragraph 7#b7 of section #dbh7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;e77 is amended-- 7,a7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,b7 by inserting after subparagraph 7,b7 the following new subparagraph3 7,c7 ,review visa applications of aliens against appropriate criminal1 national security1 and terrorism databases or other relevant information maintained by the ,federal ,government to improve the detection and examination of aliens whose entry into the ,united ,states would pose a substantial risk of the illicit transfer of sensitive technologies4 4 7#c7 ,definition ,subsection 7e7 of section #dbh of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;e77 is amended by inserting at the end the following new paragraph3 7#h7 ,definition ,in this subsection1 the term sensitive technologies means-- 7,a7 areas of research or technology that require additional protection1 as established by the interagency working group in accordance with section #agdf7;a77#c77;,e77i77,,iii7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib72 7,b7 emerging and foundational technologies identified through the interagency process established under section #ageh of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7,public ,law #aae-bcb72 7,c7 sciences1 technologies1 and associated programs of study at an institution of higher education1 related to energy1 nuclear science1 nuclear engineering1 or a related field for which an alien who is a citizen of ,iran would be denied a visa to participate in coursework pursuant to section #eja of the ,iran ,threat ,reduction and ,syria ,human ,rights ,act of #bjab 7#bb ,u4,s4,c4 #hgga72 and 7,d7 technologies and items included on the ,commerce ,control ,list1 the ,united ,states ,munitions ,list1 the ,nuclear ,regulatory ,commission ,controls1 or the ,technology ,alert ,list4 4 7#d7 ,memorandum of understanding ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security and the ,secretary of ,state shall jointly develop and submit to the appropriate congressional committees a memorandum of understanding detailing the responsibilities of and procedures used by ,department of ,homeland ,security personnel assigned to diplomatic and consular posts under section #dbh of the ,homeland ,security ,act of #bjjb1 as amended by this subsection1 including visa security vetting and screening activities1 the collection and distribution of relevant fees1 and the sharing of information on visa refusals based on derogatory information issued through the interagency ,security ,advisory ,opinion process4 7#e7 ,machine-readable technology pilot program 7,a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security and the ,secretary of ,state shall jointly commence a pilot program at a ,united ,states diplomatic or consular post in a country with a high volume of individuals who are known to have engaged in government-sponsored technology transfer campaigns4 ,the pilot program shall-- 7i7 be conducted for not fewer than #cfe days2 and 7ii7 assess opportunities to enhance security vetting1 including the use of machine-readable technology and applicant interviews1 to better defend research or sensitive technologies in the ,united ,states from foreign government-sponsored technology transfer campaigns4 7,b7 ,machine-readable technology ,the ,secretary of ,homeland ,security and the ,secretary of ,state shall jointly1 as part of the pilot program under subparagraph 7,a7-- 7i7 deploy and test equipment and technology to ensure that all documents collected in connection with visa applications are stored in a machine-readable and content-searchable format compatible and shareable between the ,department of ,homeland ,security and the ,department of ,state1 and as appropriate1 other interagency partners2 7ii7 collect supplemental documents from visa applicants in accordance with the requirements under subparagraph 7,a71 as appropriate1 and ensure appropriate personnel from the ,department of ,homeland ,security and the ,department of ,state have access to such documents for visa security vetting purposes2 and 7iii7 evaluate the use of such technology and supplemental documents in improving the efficacy and efficiency of visa security vetting4 7,c7 ,applicant interviews ,the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,state1 shall determine whether additional questions or further documentation requests may be appropriate during visa applicant in-person interviews to improve visa security vetting to address evolving threats to the ,united ,states4 7,d7 ,report ,not later than #dbj days after the initiation of the pilot program under subparagraph 7,a71 the ,secretary of ,homeland ,security and the ,secretary of ,state shall jointly submit to the appropriate congressional committees and other appropriate ,federal partners a report on the following3 7i7 ,the results of the pilot program4 7ii7 ,recommendations for machine-readable and content-searchable equipment and technology and supplemental documents under paragraph 7#b74 7iii7 ,recommendations for additional interview questions and further documentation requests under paragraph 7#c74 7iv7 ,a determination as to whether and where to expand the use of technologies evaluated during the pilot program4 7#f7 ,definitions ,in this subsection3 7,a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7i7 the ,committee on ,homeland ,security and the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7ii7 the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,foreign ,relations of the ,senate4 7,b7 ,screening ,the term screening means the review of public1 private1 or governmental information to assess the accuracy and authenticity of claims made on a visa application1 including information contained in ,federal ,government records to include derogatory information4 7,c7 ,sensitive technologies ,the term sensitive technologies has the meaning given such term in paragraph 7#h7 of section #dbh7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;e771 as added by subsection 7a74 7,d7 ,strategic competitor ,the term strategic competitor means a country identified as a strategic competitor to the ,united ,states in the ,summary of the #bjah ,national ,defense ,strategy of the ,united ,states of ,america3 ,sharpening the ,american ,military's ,competitive ,edge issued by the ,department of ,defense pursuant to section #aac7;g77#a77;,a7 of title #aj1 ,united ,states ,code1 or any successor document4 7,e7 ,vetting ,the term vetting with respect to a visa applicant means the review and use of information collected during screening1 any additional information obtained through interviews1 consultation with other ,federal ,government officials1 derogatory information1 and information drawn from other sources to reach a determination regarding a national security concern related to the visa applicant4 #bjh4 ,chemical1 biological1 radiological1 and nuclear intelligence and information sharing 7a7 ,in general ,subtitle ,a of title ,,ii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aba et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #baj;,j4 ,chemical1 biological1 radiological1 and nuclear intelligence and information sharing 7a7 ,in general ,the ,office of ,intelligence and ,analysis1 in consultation with the ,director of the ,countering ,weapons of ,mass ,destruction ,office1 of the ,department of ,homeland ,security shall-- 7#a7 support homeland security-focused intelligence analysis of terrorist actors1 their claims1 and their plans to conduct attacks involving chemical1 biological1 radiological1 or nuclear materials against the ,united ,states1 including critical infrastructure2 7#b7 support homeland security-focused intelligence analysis of global infectious disease1 public health1 food1 agricultural1 and veterinary issues2 7#c7 support homeland security-focused risk analysis and risk assessments of the homeland security hazards described in paragraphs 7#a7 and 7#b71 including the storage and transportation of chemical1 biological1 nuclear1 and radiological materials1 by providing relevant quantitative and nonquantitative threat information2 7#d7 leverage existing and emerging homeland security intelligence capabilities and structures to enhance early detection1 prevention1 protection1 response1 and recovery efforts with respect to a chemical1 biological1 radiological1 or nuclear attack2 7#e7 share information and provide tailored analytical support on such threats to ,state1 local1 ,tribal1 and territorial authorities1 and other ,federal agencies1 as well as relevant national biosecurity and biodefense stakeholders1 as appropriate2 and 7#f7 perform other responsibilities1 as assigned by the ,secretary4 7b7 ,coordination ,where appropriate1 the ,office of ,intelligence and ,analysis shall coordinate with other relevant ,department components1 agencies within the intelligence community1 including the ,national ,counter ,proliferation ,center1 and other ,federal1 ,state1 local1 ,tribal1 and territorial authorities1 including officials from high-threat urban areas1 ,state and major urban area fusion centers1 and local public health departments1 as appropriate1 and enable such entities to provide recommendations on optimal information sharing mechanisms1 including expeditious sharing of classified information1 and on how such entities can provide information to the ,department4 7c7 ,definitions ,in this section3 7#a7 ,intelligence community ,the term intelligence community has the meaning given such term in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d774 7#b7 ,national biosecurity and biodefense stakeholders ,the term national biosecurity and biodefense stakeholders means officials from ,federal1 ,state1 local1 ,tribal1 and territorial authorities and individuals from the private sector who are involved in efforts to prevent1 protect against1 respond to1 and recover from a biological attack or other phenomena that may have serious health consequences for the ,united ,states1 including infectious disease outbreaks4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #bja;,i1 as added by this title1 the following new item3 ,sec4 #baj;,j4 ,chemical1 biological1 radiological1 and nuclear intelligence and information sharing4 4 7c7 ,report 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act and annually thereafter for each of the following four years1 the ,secretary of ,homeland ,security shall report to the appropriate congressional committees on the following3 7,a7 ,the intelligence and information sharing activities under section #baj;,j of the ,homeland ,security ,act of #bjjb 7as added by subsection 7a7 of this section7 and of all relevant entities within the ,department of ,homeland ,security to counter the threat from attacks using chemical1 biological1 radiological1 or nuclear materials4 7,b7 ,the ,department's activities in accordance with relevant intelligence strategies4 7#b7 ,assessment of implementation ,the reports required under paragraph 7#a7 shall include the following3 7,a7 ,an assessment of the progress of the ,office of ,intelligence and ,analysis of the ,department of ,homeland ,security in implementing such section #baj;,j4 7,b7 ,a description of the methods established to carry out such assessment4 7#c7 ,definition ,in this subsection1 the term appropriate congressional committees means the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and any committee of the ,house of ,representatives or the ,senate having legislative jurisdiction under the rules of the ,house of ,representatives or ,senate1 respectively1 over the matter concerned4 #bji4 ,inland waters threat analysis 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to the appropriate congressional committees an inland waters threat analysis that includes an identification and description of the following3 7#a7 ,current and potential terrorism and criminal threats posed by individuals and groups seeking to-- 7,a7 enter the ,united ,states through inland waters2 or 7,b7 exploit security vulnerabilities on inland waters4 7#b7 ,security challenges at ,united ,states inland waters ports regarding-- 7,a7 terrorism and instruments of terror entering the ,united ,states2 and 7,b7 criminal activity1 as measured by the total flow of illegal goods and illicit drugs1 related to the inland waters4 7#c7 ,security mitigation efforts with respect to the inland waters to-- 7,a7 prevent terrorists and instruments of terror from entering the ,united ,states2 and 7,b7 reduce criminal activity related to the inland waters4 7#d7 ,vulnerabilities related to cooperation between ,state1 local1 ,tribal1 and territorial law enforcement1 or international agreements1 that hinder effective security1 counterterrorism1 anti-trafficking efforts1 and the flow of legitimate trade with respect to inland waters4 7#e7 ,metrics and performance measures used by the ,department of ,homeland ,security to evaluate inland waters security1 as appropriate4 7b7 ,analysis requirements ,in preparing the threat analysis required under subsection 7a71 the ,secretary of ,homeland ,security shall consider and examine the following3 7#a7 ,technology needs and challenges4 7#b7 ,personnel needs and challenges4 7#c7 ,the roles of ,state1 local1 ,tribal1 and territorial law enforcement1 as well as private sector partners and the public1 relating to inland waters security4 7#d7 ,the need for cooperation among ,federal1 ,state1 local1 ,tribal1 territorial1 and international partner law enforcement1 as well as private sector partners and the public1 relating to inland waters security4 7#e7 ,the challenges posed by geography with respect to inland waters security4 7c7 ,classified threat analysis ,to the extent possible1 the ,secretary of ,homeland ,security shall submit the threat analysis required under subsection 7a7 in unclassified form4 ,the ,secretary may submit a portion of the threat analysis in classified form if the ,secretary determines that such is appropriate4 7d7 ,definitions ,in this section3 7#a7 ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,c7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7#b7 ,the term inland waters has the meaning given such term in section #hc4jc of title #cc1 ,code of ,federal ,regulations4 #baj4 ,transnational criminal organizations threat assessment 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,under ,secretary for ,intelligence and ,analysis shall1 in coordination with appropriate ,federal partners1 develop and disseminate a threat assessment on whether transnational criminal organizations are exploiting ,united ,states border security vulnerabilities in border security screening programs to gain access to the ,united ,states and threaten the ,united ,states or border security4 7b7 ,recommendations ,upon completion of the threat assessment required under subsection 7a71 the ,secretary of ,homeland ,security shall make a determination if any changes are required to address security vulnerabilities identified in such assessment4 7c7 ,distribution ,consistent with the protection of classified and confidential unclassified information1 the ,under ,secretary for ,intelligence and ,analysis shall share the threat assessment developed under this section with ,state1 local1 and ,tribal law enforcement officials1 including officials that operate within fusion centers in the ,national ,network of ,fusion ,centers4 #baa4 ,department of ,homeland ,security counterterrorism advisory board 7a7 ,in general ,subtitle ,a of title ,,ii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aba et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #baj,k4 ,departmental coordination on counterterrorism 7a7 ,establishment ,there is in the ,department a board to be composed of senior representatives of departmental operational components and headquarters elements4 ,the purpose of the board shall be to coordinate and integrate departmental intelligence1 activities1 and policy related to the counterterrorism mission and functions of the ,department4 7b7 ,charter ,there shall be a charter to govern the structure and mission of the board4 ,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 guidance4 ,the charter shall be reviewed and updated every #d years1 as appropriate4 7c7 ,members 7#a7 ,chair ,the ,secretary shall appoint a ,coordinator for ,counterterrorism within the ,department who will serve as the chair of the board4 7#b7 ,additional members ,the ,secretary shall appoint additional members of the board from among the following3 7,a7 ,the ,transportation ,security ,administration4 7,b7 ,united ,states ,customs and ,border ,protection4 7,c7 ,united ,states ,immigration and ,customs ,enforcement4 7,d7 ,the ,federal ,emergency ,management ,agency4 7,e7 ,the ,coast ,guard4 7,f7 ,united ,states ,citizenship and ,immigration ,services4 7,g7 ,the ,united ,states ,secret ,service4 7,h7 ,the ,cybersecurity and ,infrastructure ,security ,agency4 7,i7 ,the ,office of ,operations ,coordination4 7,j7 ,the ,office of the ,general ,counsel4 7,k7 ,the ,office of ,intelligence and ,analysis4 7,l7 ,the ,office of ,policy4 7,m7 ,the ,science and ,technology ,directorate4 7,n7 ,other ,departmental offices and programs as determined appropriate by the ,secretary4 7d7 ,meetings ,the board shall meet on a regular basis to discuss intelligence and coordinate ongoing threat mitigation efforts and departmental activities1 including coordination with other ,federal1 ,state1 local1 ,tribal1 territorial1 and private sector partners1 and shall make recommendations to the ,secretary4 7e7 ,terrorism alerts ,the board shall advise the ,secretary on the issuance of terrorism alerts pursuant to section #bjc of this ,act4 7f7 ,prohibition on additional funds ,no additional funds are authorized to carry out this section4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by inserting after the item relating to section #baj;,j1 as added by this title1 the following new item3 ,sec4 #baj,k4 ,departmental coordination on counterterrorism4 4 7c7 ,report ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary1 acting through the ,coordinator for ,counterterrorism1 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 #baj,k of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a74 #bab4 ,national ,vetting ,center 7a7 ,authorization ,the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,state1 the ,secretary of ,defense1 the ,attorney ,general1 and the ,director of ,national ,intelligence1 shall establish and operate a ,national ,vetting ,center4 7b7 ,director ,the ,secretary of ,homeland ,security shall appoint a senior departmental employee to be the director of the center4 7c7 ,staffing ,the ,secretary of ,homeland ,security shall-- 7#a7 assign or detail appropriate personnel from the department to serve as analysts at the ,national ,vetting ,center2 and 7#b7 coordinate with the ,director of ,national ,intelligence and the heads of other appropriate ,federal agencies to detail appropriate personnel to serve as analysts at the ,national ,vetting ,center4 7d7 ,purpose ,the ,national ,vetting ,center shall1 consistent with the guidance and oversight from the ,national ,vetting ,governance ,board established pursuant to section #bad of this ,act-- 7#a7 coordinate the efforts of ,federal agencies to improve vetting of individuals seeking to enter or remain within the ,united ,states2 7#b7 assist the departments and agencies involved with improving their coordination and use of intelligence and other information to identify potential threats to national security1 border security1 homeland security1 and public safety2 7#c7 provide a forum for the departments and agencies involved to identify1 coordinate1 and resolve policy questions and implementation challenges associated with vetting2 7#d7 improve the effectiveness of vetting operations by maximizing the ,intelligence ,community and law enforcement data holdings used to support vetting2 7#e7 develop and maintain a process to ensure compliance with legal1 privacy1 and civil rights and civil liberty requirements2 and 7#f7 other responsibilities as determined by the ,secretary of ,homeland ,security4 #bac4 ,national ,vetting ,governance ,board 7a7 ,establishment ,the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,state1 the ,secretary of ,defense1 the ,attorney ,general1 and the ,director of ,national ,intelligence1 shall establish a ,national ,vetting ,governance ,board4 7b7 ,purpose ,the ,national ,vetting ,governance ,board shall provide guidance and oversight for the ,national ,vetting ,center established pursuant to section #bac of this ,act1 including-- 7#a7 producing decisions and recommendations for unified approaches to and solutions for vetting2 7#b7 recommending a fiscal strategy2 7#c7 recommending priorities for ,national ,vetting ,center activities2 7#d7 reviewing and recommending new vetting programs or changes to existing vetting activities2 7#e7 reporting progress and making recommendations to ,secretary of ,homeland ,security or their designee2 and 7#f7 ensuring ,national ,vetting ,governance ,board decisions and recommendations are consistent with relevant legal authorities and align with ,department of ,homeland ,security privacy1 civil rights1 and civil liberties policies and practices4 7c7 ,limitations ,the ,national ,vetting ,governance ,board is not intended to supersede or otherwise replace existing statutory or delegated roles and responsibilities concerning ,department of ,homeland ,security vetting activities4 7d7 ,operations 7#a7 ,the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,state1 the ,secretary of ,defense1 the ,attorney ,general1 and the ,director of ,national ,intelligence shall develop the structure1 staffing1 meeting schedule and other operational issues related to the ,national ,vetting ,governance ,board4 7#b7 ,the ,national ,vetting ,governance ,board shall have a standing privacy and civil liberty working group and a legal working group to review the activities of the ,national ,vetting ,center and provide advice to the ,board4 ,b ,information ,sharing #bae4 ,department of ,homeland ,security ,fusion ,center ,partnership ,initiative 7a7 ,in general ,section #baj;,a of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #abd;h7 is amended-- 7#a7 by amending the section heading to read as follows3 #baj;,a4 ,department of ,homeland ,security ,fusion ,center ,partnership ,initiative 2 7#b7 in subsection 7a71 by adding at the end the following3 ,beginning on the date of enactment of the ,department of ,homeland ,security ,authorization ,act1 such ,initiative shall be known as the ,department of ,homeland ,security ,fusion ,center ,partnership ,initiative42 7#c7 by amending subsection 7b7 to read as follows3 7b7 ,interagency support and coordination ,through the ,department of ,homeland ,security ,fusion ,center ,partnership ,initiative1 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 ,states1 the ,secretary shall-- 7#a7 coordinate with the heads of other ,federal departments and agencies to provide operational1 analytic1 and reporting intelligence advice and assistance to the ,national ,network of ,fusion ,centers and to align homeland security intelligence activities with other field-based intelligence activities2 7#b7 support the integration of fusion centers into the information sharing environment1 including by-- 7,a7 providing for the effective dissemination of information within the scope of the information sharing environment to the ,national ,network of ,fusion ,centers2 7,b7 conducting outreach to such fusion centers to identify any gaps in information sharing2 7,c7 consulting with other ,federal agencies to develop methods to-- 7i7 address any such gaps identified under subparagraph 7,b71 as appropriate2 and 7ii7 deploy or access such databases and datasets1 as appropriate2 and 7,d7 review information that is gathered by the ,national ,network of ,fusion ,centers to identify that which is within the scope of the information sharing environment1 including homeland security information 7as defined in section #hib71 terrorism information1 and weapons of mass destruction information and incorporate such information1 as appropriate1 into the ,department's own such information2 7#c7 facilitate close communication and coordination between the ,national ,network of ,fusion ,centers and the ,department and other ,federal departments and agencies2 7#d7 facilitate information sharing and expertise from the national cybersecurity and communications integration center under section #bbji to the ,national ,network of ,fusion ,centers2 7#e7 coordinate the provision of training and technical assistance1 including training on the use of ,federal databases and datasets described in paragraph 7#b71 to the ,national ,network of ,fusion ,centers and encourage participating fusion centers to take part in terrorism threat-related exercises conducted by the ,department2 7#f7 ensure the dissemination of cyber threat indicators and information about cybersecurity risks and incidents to the national ,network of ,fusion ,centers2 7#g7 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 ,department2 7#h7 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 ,state1 local1 ,tribal1 and territorial law enforcement1 fire1 emergency medical1 and emergency management services1 and public health disciplines1 as well as the private sector2 7#i7 to the maximum extent practicable1 provide guidance1 training1 and technical assistance to ensure fusion centers operate in accordance with and in a manner that protects privacy1 civil rights1 and civil liberties afforded by the ,constitution of the ,united ,states2 7#aj7 to the maximum extent practicable1 provide guidance1 training1 and technical assistance to ensure fusion centers are appropriately aligned with and able to meaningfully support ,federal homeland security1 national security1 and law enforcement efforts1 including counterterrorism2 7#aa7 encourage the full participation of the ,national ,network of ,fusion ,centers in all assessment and evaluation efforts conducted by the ,department2 7#ab7 track all ,federal funding provided to each fusion center on an individualized basis as well as by funding source2 7#ac7 ensure that none of the departmental information or data provided or otherwise made available to fusion center personnel is improperly disseminated1 accessed for unauthorized purposes1 or otherwise used in a manner inconsistent with ,department guidance2 and 7#ad7 carry out such other duties as the ,secretary determines appropriate4 2 7#d7 in subsection 7c7-- 7,a7 in the heading1 by striking ,personnel ,assignment and inserting ,resource ,allocation2 7,b7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,information sharing and personnel assignment 7,a7 ,information sharing ,the ,under ,secretary for ,intelligence and ,analysis shall ensure that1 as appropriate-- 7i7 fusion centers in the ,national ,network of ,fusion ,centers have access to homeland security information sharing systems2 and 7ii7 ,department personnel are deployed to support fusion centers in the ,national ,network of ,fusion ,centers in a manner consistent with the mission of the ,department4 7,b7 ,personnel assignment ,department personnel referred to in subparagraph 7,a77ii7 may include the following3 7i7 ,intelligence officers4 7ii7 ,intelligence analysts4 7iii7 ,other liaisons from components and offices of the ,department1 as appropriate4 7#b7 ,sources of support ,information shared and personnel assigned pursuant to paragraph 7#a7 may be shared or provided1 as the case may be1 by the following ,department components and offices1 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 ,centers3 7,a7 ,the ,office of ,intelligence and ,analysis4 7,b7 ,cybersecurity and ,infrastructure ,security ,agency4 7,c7 ,the ,transportation ,security ,administration4 7,d7 ,u4,s4 ,customs and ,border ,protection4 7,e7 ,u4,s4 ,immigration and ,customs ,enforcement4 7,f7 ,the ,coast ,guard4 7,g7 ,the national cybersecurity and communications integration center under section #bbji4 7,h7 ,other components or offices of the ,department1 as determined by the ,secretary4 2 7,c7 in paragraph 7#c7-- 7i7 in the heading1 by striking ,qualifying criteria and inserting ,resource allocation criteria2 and 7ii7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,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 limits4 2 and 7,d7 in paragraph 7#d77;,b71 in the matter preceding clause 7i71 by inserting in which such fusion center is located after region2 7#e7 in subsection 7d7-- 7,a7 in paragraph 7#c71 by striking and at the end2 7,b7 by redesignating paragraph 7#d7 as paragraph 7#e72 7,c7 by inserting after paragraph 7#c7 the following3 7#d7 assist1 in coordination with the national cybersecurity and communications integration center under section #bbji1 fusion centers in using information relating to cybersecurity risks to develop a comprehensive and accurate threat picture2 2 7,d7 in paragraph 7#e71 as so redesignated-- 7i7 by striking government and inserting governments2 and 7ii7 by striking the period at the end and inserting 2 and2 and 7,e7 by adding at the end the following3 7#f7 use ,department information1 including information held by components and offices1 to develop analysis focused on the mission of the ,department under section #aja7;b74 2 7#f7 in subsection 7e7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,to the greatest extent practicable1 the ,secretary shall make it a priority to allocate resources1 including departmental component personnel with relevant expertise1 to support the efforts of fusion centers along land or maritime borders of the ,united ,states to facilitate law enforcement agency identification1 investigation1 and interdiction of persons1 weapons1 and related contraband that pose a threat to homeland security4 2 and 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking participating ,state1 local1 and regional fusion centers and inserting fusion centers in the ,national ,network of ,fusion ,centers2 7#g7 in subsection 7j7-- 7,a7 by redesignating paragraph 7#e7 as paragraph 7#g72 7,b7 by redesignating paragraphs 7#a7 through 7#d7 as paragraphs 7#b7 through 7#e71 respectively2 7,c7 by inserting before paragraph 7#b7 the following3 7#a7 the term cybersecurity risk has the meaning given such term in section #bbji2 2 7,d7 in paragraph 7#e71 as so redesignated1 by striking and at the end2 and 7,e7 by inserting after such paragraph 7#e7 the following new paragraph3 7#f7 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 nationally2 and 2 and 7#h7 by striking subsection 7k74 7b7 ,report ,not later than #a year after the date of the enactment of this ,act and annually thereafter through #bjbd1 the ,under ,secretary for ,intelligence and ,analysis of the ,department of ,homeland ,security shall report to the ,committee on ,homeland ,security and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs and the ,select ,committee on ,intelligence of the ,senate on the value of fusion center intelligence products and the expenditure of authorized funds for the support and coordination of the ,national ,network of ,fusion ,centers as specified in section #baj;,a of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #abd;h71 as amended by subsection 7a74 7c7 ,report on federal databases ,not later than #ahj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report to ,congress on the ,federal databases and datasets that address any gaps identified pursuant to section #baj;,a7b77#b77;,b7 of the ,homeland ,security ,act of #bjjb1 as amended by subsection 7a71 including databases and datasets used1 operated1 or managed by ,department components1 the ,department of ,justice1 including the ,federal ,bureau of ,investigation and the ,drug ,enforcement ,administration1 and the ,department of the ,treasury1 that are appropriate1 in accordance with ,federal laws and policies1 for inclusion in the information sharing environment4 7d7 ,technical and conforming amendments 7#a7 ,section #bajc7;c77#a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbc7;c77#a77 is amended by striking #baj;,a7j77#a7 and inserting #baj;,a7j74 7#b7 ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by striking the item relating to section #baj;,a and inserting the following3 ,sec4 #baj;,a4 ,department of ,homeland ,security ,fusion ,center ,partnership ,initiative4 4 7e7 ,reference ,any reference in any law1 rule1 or regulation to the ,department of ,homeland ,security ,state1 ,local1 and ,regional ,fusion ,center ,initiative shall be deemed to be a reference to the ,department of ,homeland ,security ,fusion ,center ,partnership ,initiative4 #baf4 ,fusion center personnel needs assessment 7a7 ,assessment 7#a7 ,in general ,not later than #bdj days after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct an assessment of ,department of ,homeland ,security personnel assigned to fusion centers pursuant to section #baj;,a7c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #abd;h7c771 as amended by this title1 including an assessment of whether deploying additional ,department personnel to such fusion centers would enhance the ,department's mission under section #aja7;b7 of such ,act 7#f ,u4,s4,c4 #aaa7;b77 and the ,national ,network of ,fusion ,centers4 7#b7 ,contents ,the assessment required under this subsection shall include the following3 7,a7 ,information on the current deployment of the ,department's personnel to each fusion center4 7,b7 ,information on the roles and responsibilities of the ,department's ,office of ,intelligence and ,analysis intelligence officers1 intelligence analysts1 senior reports officers1 reports officers1 and regional directors deployed to fusion centers4 7,c7 ,information on ,federal resources1 in addition to personnel1 provided to each fusion center4 7,d7 ,an analysis of the optimal number of personnel the ,office of ,intelligence and ,analysis should deploy to fusion centers1 including a cost-benefit analysis comparing deployed personnel with technological solutions to support information sharing4 7,e7 ,an assessment of fusion centers located in jurisdictions along land and maritime borders of the ,united ,states1 and the degree to which deploying personnel1 as appropriate1 from ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 and the ,coast ,guard to such fusion centers would enhance the integrity and security at such borders by helping ,federal1 ,state1 local1 ,tribal1 and territorial law enforcement authorities to identify1 investigate1 and interdict persons1 weapons1 and related contraband that pose a threat to homeland security4 7,f7 ,an assessment of fusion centers located in jurisdictions with large and medium hub airports1 and the degree to which deploying1 as appropriate1 personnel from the ,transportation ,security ,administration to such fusion centers would enhance the integrity and security of aviation security4 7b7 ,definitions ,in this section1 the terms fusion center and ,national ,network of ,fusion ,centers have the meanings given those terms in section #baj;,a7j7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #abd;h7j771 as amended by this title4 #bag4 ,program for ,state and local analyst clearances 7a7 ,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 ,state1 local1 ,tribal1 and territorial analysts located in fusion centers shall be consistent with the need to know requirements pursuant to ,executive ,order ,no4 #acebf 7#ej ,u4,s4,c4 #cafa note74 7b7 ,report ,not later than two years after the date of the enactment of this ,act1 the ,under ,secretary for ,intelligence and ,analysis of the ,department of ,homeland ,security1 in consultation with the ,director of ,national ,intelligence1 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 following3 7#a7 ,the process by which the ,under ,secretary for ,intelligence and ,analysis determines a need to know pursuant to ,executive ,order ,no4 #acebf 7#ej ,u4,s4,c4 #cafa note7 to sponsor ,top ,secret clearances for appropriate ,state1 local1 ,tribal1 and territorial analysts located in fusion centers4 7#b7 ,the effects of such ,top ,secret clearances on enhancing information sharing with ,state1 local1 ,tribal1 and territorial partners4 7#c7 ,the cost for providing such ,top ,secret clearances for ,state1 local1 ,tribal1 and territorial analysts located in fusion centers1 including training and background investigations4 7#d7 ,the operational security protocols1 training1 management1 and risks associated with providing such ,top ,secret clearances for ,state1 local1 ,tribal1 and territorial analysts located in fusion centers4 7c7 ,definition ,in this section1 the term fusion center has the meaning given the term in section #baj;,a7j7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #abd;h7j771 as amended by this title4 #bah4 ,information technology assessment 7a7 ,in general ,the ,under ,secretary for ,intelligence and ,analysis of the ,department of ,homeland ,security1 in collaboration with the ,chief ,information ,officer of the ,department of ,homeland ,security and representatives from the ,national ,network of ,fusion ,centers1 shall conduct an assessment of information systems used to share homeland security information between the ,department of ,homeland ,security and fusion centers in the ,national ,network of ,fusion ,centers and make upgrades to such systems1 as appropriate4 ,such assessment shall include the following3 7#a7 ,an evaluation of the security1 accessibility1 and ease of use of such systems by fusion centers in the ,national ,network of ,fusion ,centers4 7#b7 ,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 ,centers4 7#c7 ,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 ,centers4 7b7 ,definitions ,in this section-- 7#a7 the terms fusion center and ,national ,network of ,fusion ,centers have the meanings given those terms in section #baj;,a7j7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #abd;h7j771 as amended by this title2 7#b7 the term homeland security information has the meaning given the term in section #hib of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dhb72 and 7#c7 the term information systems has the meaning given the term in section #cejb of title #dd1 ,united ,states ,code4 #bai4 ,department of ,homeland ,security classified facility inventory and dissemination 7a7 ,in general ,the ,secretary of ,homeland ,security shall1 to the extent practicable-- 7#a7 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 above2 7#b7 update such inventory on a regular basis2 and 7#c7 share part or all of such inventory with appropriate departmental personnel and representatives of other ,federal1 ,state1 and local agencies as determined appropriate by the ,secretary of ,homeland ,security4 7b7 ,inventory ,the inventory of facilities described in subsection 7a7 may include-- 7#a7 the location of such facilities2 7#b7 the attributes and capabilities of such facilities 7including the clearance level of the facility1 the square footage of1 the total capacity of1 the number of workstations in1 document storage1 and the number of conference rooms in1 such facilities72 7#c7 the entities that operate such facilities2 and 7#d7 the date of establishment of such facilities4 #bbj4 ,terror inmate information sharing 7a7 ,in general ,the ,secretary of ,homeland ,security1 in coordination with the ,attorney ,general and in consultation with other appropriate ,federal officials1 shall1 as appropriate1 share with ,state1 local1 and regional fusion centers through the ,department of ,homeland ,security ,fusion ,center ,partnership ,initiative under section #baj;,a of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #abd;h71 as well as other relevant law enforcement entities1 release information from a ,federal correctional facility1 including the name1 charging date1 and expected place and date of release1 of certain individuals who may pose a terrorist threat4 7b7 ,scope ,the information shared pursuant to subsection 7a7 shall be-- 7#a7 for homeland security purposes2 and 7#b7 regarding individuals convicted of a ,federal crime related to acts of terrorism 7as such term is defined in section #cjgg of title #ah1 ,united ,states ,code74 7c7 ,periodic threat assessments ,consistent with the protection of classified information and controlled unclassified information1 the ,secretary of ,homeland ,security shall coordinate with appropriate ,federal officials to provide ,state1 local1 and regional fusion centers described in subsection 7a7 with periodic assessments regarding the overall threat from known or suspected terrorists currently incarcerated in a ,federal correctional facility1 including the assessed risks of such populations engaging in terrorist activity upon release4 7d7 ,privacy protection ,prior to affecting the information sharing described in subsection 7a71 the ,secretary shall receive input and advice from the ,officer for ,civil ,rights and ,civil ,liberties1 the ,officer for ,privacy1 and the ,chief ,intelligence ,officer of the ,department of ,homeland ,security4 7e7 ,rule of construction ,nothing in this section may be construed as requiring the establishment of a list or registry of individuals convicted of terrorism4 #bba4 ,enhancing ,department of ,homeland ,security suspicious activity reporting operations 7a7 ,strategy required ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with other appropriate officials1 shall develop a strategy to improve the operations and activities of the ,department of ,homeland ,security related to training1 outreach1 and information sharing for suspicious activity reporting to prevent acts of terrorism and acts of targeted violence4 7b7 ,contents of strategy ,the strategy required under subsection 7a7 shall include the following3 7#a7 ,a plan to maintain and expand activities related to effectively identifying1 reporting1 and responding to potential acts of terrorism4 7#b7 ,a plan to develop a behavioral threat assessment and management model for use by appropriate ,national ,network of ,fusion ,centers1 emergency response providers1 and appropriate private sector personnel involved in reporting or responding suspicious activity related to acts of targeted violence4 7#c7 ,protocols1 developed in consultation with the ,federal ,bureau of ,investigation1 to ensure that the ,federal ,bureau of ,investigation receives all relevant suspicious activity reports4 7#d7 ,a staffing and budget plan to ensure the continued operation and any necessary expansion of ,department of ,homeland ,security information sharing1 technical assistance1 training1 and other activities related to suspicious activity reporting4 7#e7 ,training for appropriate personnel of the ,national ,network of ,fusion ,centers1 emergency response providers1 and appropriate private sector personnel on-- 7,a7 methods for identifying1 analyzing1 and disseminating critical information1 including the indicators of acts of terrorism and acts of targeted violence2 7,b7 methods to protect privacy and civil liberties1 including preventing racial1 religious1 and national origin discrimination2 7,c7 implementation of the behavioral threat assessment and management model2 7,d7 response protocols for submitting suspicious activity reports2 and 7,e7 other training determined appropriate by the ,secretary4 7#f7 ,a plan to-- 7,a7 provide technical assistance for appropriate ,national ,network of ,fusion ,centers1 emergency response providers1 and appropriate private sector personnel for operations related to suspicious activity reporting activity2 and 7,b7 assist with questions or concerns related to privacy and civil liberty protections4 7c7 ,congressional notification ,the ,secretary shall provide to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a copy of the strategy required in subsection 7a74 7d7 ,definitions ,in this section3 7#a7 ,behavioral threat assessment ,the term behavioral threat assessment and management means the systematic and evidence-based process of-- 7,a7 identifying individuals who are exhibiting patterns of concerning behavior that indicate an interest1 motive1 intention1 or capability of carrying out an act of violence2 7,b7 investigating and gathering information from multiple sources to assess whether an individual described in subparagraph 7,a7 poses a threat1 based on articulable facts2 and 7,c7 the subsequent management of such a threat1 if necessary4 7#b7 ,emergency response providers ,the term emergency response provider has the meaning given such term in section #b7f7 of the ,homeland ,security ,act4 7#c7 ,national network of fusion centers ,the term ,national ,network of ,fusion ,centers has the meaning given such term in section #bae of this ,act4 7#d7 ,targeted violence ,the term targeted violence means any incident of predatory violence with respect to which an identifiable individual or group focuses an attack on a particular target4 7#e7 ,terrorism ,the term terrorism has the meaning given such term in section #bcca of title #ah1 ,united ,states ,code4 ,,iii ,cybersecurity #cja4 ,cybersecurity ,advisory ,committee 7a7 ,in general ,subtitle ,a of title ,,xxii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fea et seq47 is amended by adding at the end the following new section3 #bbae4 ,cybersecurity ,advisory ,committee 7a7 ,establishment ,the ,secretary shall establish within the ,cybersecurity and ,infrastructure ,security ,agency a ,cybersecurity ,advisory ,committee4 7b7 ,duties 7#a7 ,in general ,the ,advisory ,committee may advise1 consult with1 report to1 and make recommendations to the ,director of ,cybersecurity and ,infrastructure ,security on the development1 refinement1 and implementation of policies1 programs1 rulemakings1 planning1 training1 and security directives pertaining to the mission of the ,cybersecurity and ,infrastructure ,security ,agency4 7#b7 ,recommendations 7,a7 ,in general ,the ,advisory ,committee shall develop1 at the request of the ,director1 recommendations for improvements to the cybersecurity mission of the ,cybersecurity and ,infrastructure ,security ,agency4 7,b7 ,recommendations of subcommittees ,recommendations agreed upon by the subcommittees established under subsection 7d7 for any year shall be approved by the ,advisory ,committee before the ,advisory ,committee submits to the ,director the annual report under paragraph 7#d7 for that year4 7#c7 ,periodic reports ,the ,advisory ,committee shall periodically submit to the ,director-- 7,a7 reports on matters identified by the ,director2 and 7,b7 reports on other matters identified by a majority of the members of the ,advisory ,committee4 7#d7 ,annual report ,the ,advisory ,committee shall submit to the ,director an annual report providing information on the activities1 findings1 and recommendations of the ,advisory ,committee1 including its subcommittees1 for the preceding year4 ,not later than six months after the date that the ,director receives an annual report for a year1 the ,director shall publish a public version of the report describing the activities of the ,advisory ,committee and such related matters as would be informative to the public during that year1 consistent with section #eeb7;b7 of title #e1 ,united ,states ,code4 7#e7 ,feedback ,not later than #ij days after receiving any recommendation submitted by the ,advisory ,committee under paragraph 7#b71 7#c71 or 7#d71 the ,director shall respond in writing to the ,advisory ,committee with feedback on the recommendation4 ,such a response shall include-- 7,a7 with respect to any recommendation with which the ,director concurs1 an action plan to implement the recommendation2 and 7,b7 with respect to any recommendation with which the ,director does not concur1 a justification for why the ,director does not plan to implement the recommendation4 7#f7 ,congressional notification ,for each fiscal quarter beginning after the date of the enactment of this section1 the ,director shall provide to the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,appropriations of the ,senate and the ,committee on ,homeland ,security and the ,committee on ,appropriations of the ,house of ,representatives a briefing on feedback from the ,advisory ,committee4 7c7 ,membership 7#a7 ,appointment 7,a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,director shall appoint the members of the ,advisory ,committee4 7,b7 ,composition ,the membership of the ,advisory ,committee shall consist of not more than #ce individuals1 each of whom represent a category referred to in subparagraph 7,c77i74 7,c7 ,representation 7i7 ,in general ,the membership of the ,advisory ,committee shall include representatives of ,state and local governments and of a broad range of industries1 including the following3 7,i7 ,defense4 7,,ii7 ,education4 7,,iii7 ,financial services4 7,,iv7 ,healthcare4 7,v7 ,manufacturing4 7,,vi7 ,media and entertainment4 7,,vii7 ,chemicals4 7,,viii7 ,retail4 7,,ix7 ,transportation4 7,x7 ,energy4 7,,xi7 ,information ,technology4 7,,xii7 ,communications4 7,,xiii7 ,other relevant fields identified by the ,director4 7ii7 ,prohibition ,not more than three members may represent any one category under clause 7i74 7#b7 ,term of office 7,a7 ,terms ,the term of each member of the ,advisory ,committee shall be two years1 but a member may continue to serve until a successor is appointed4 7,b7 ,removal ,the ,director may review the participation of a member of the ,advisory ,committee and remove such member for cause at any time4 7,c7 ,reappointment ,a member of the ,advisory ,committee may be reappointed for an unlimited number of terms4 7#c7 ,delegation of responsibilities ,a member of the ,advisory ,committee may delegate that member's responsibilities under this section to another individual1 with the exception of access to protected information and classified information under paragraph 7#f74 7#d7 ,prohibition on compensation ,the members of the ,advisory ,committee may not receive pay or benefits from the ,united ,states ,government by reason of their service on the ,advisory ,committee4 7#e7 ,meetings 7,a7 ,in general ,the ,director shall require the ,advisory ,committee to meet at least quarterly1 and may convene additional meetings as necessary4 7,b7 ,public meetings ,at least one of the meetings referred to in subparagraph 7,a7 shall be open to the public4 7,c7 ,attendance ,the ,advisory ,committee shall maintain a record of the persons present at each meeting4 7#f7 ,member access to classified and protected information 7,a7 ,in general ,not later than #fj days after the date on which a member is first appointed to the ,advisory ,committee and before the member is granted access to any classified information or protected information1 the ,director shall determine if there is cause for such member to be restricted from reviewing1 discussing1 or possessing such information4 7,b7 ,access 7i7 ,protected information ,if the ,director does not restrict a member from reviewing1 discussing1 or possessing sensitive information under subparagraph 7,a7 and the member voluntarily signs a nondisclosure agreement with respect to protected information1 the member may be granted access to protected information that the ,director determines is relevant to such member's service on the ,advisory ,committee4 7ii7 ,classified information ,access to classified materials shall be managed in accordance with ,executive ,order ,no4 #acebf of ,december #bi1 #bjji 7#ge ,fed4 ,reg4 #gjg71 or any subsequent corresponding ,executive ,order4 7,c7 ,protections ,a member of the ,advisory ,committee shall agree1 as a condition of such membership1 to protect all classified information in accordance with the applicable requirements for the particular level of classification of such information and to protect all protected information appropriately4 7,d7 ,protected information defined ,in this section1 the term protected information means-- 7i7 information specifically exempted from disclosure by statute or regulation2 7ii7 trade secrets and commercial or financial information obtained from a person and privileged or confidential2 7iii7 deliberative process privileged information2 7iv7 personally identifiable information1 the disclosure of which would constitute an invasion of personal privacy2 7v7 records containing law enforcement sensitive information2 and 7vi7 other categories of information1 as determined by the ,director4 7#g7 ,chairperson ,the ,advisory ,committee shall select1 from among the members of the ,advisory ,committee-- 7,a7 a member to serve as chairperson of the ,advisory ,committee2 and 7,b7 a member to serve as chairperson of each subcommittee of the ,advisory ,committee established under subsection 7d74 7d7 ,subcommittees 7#a7 ,in general ,the ,director and the ,advisory ,committee shall establish subcommittees within the ,advisory ,committee to address cybersecurity issues1 including relating to the following3 7,a7 ,information exchange4 7,b7 ,critical infrastructure4 7,c7 ,risk management4 7,d7 ,public and private partnerships4 7#b7 ,additional subcommittees ,in addition to the subcommittees established pursuant to paragraph 7#a71 the ,advisory ,committee chairperson1 in coordination with the ,director1 may establish within the ,advisory ,committee additional subcommittees that the ,director and ,advisory ,committee determine to be necessary4 7#c7 ,meetings and reporting ,each subcommittee shall meet at least bimonthly1 and submit to the ,advisory ,committee for inclusion in the annual report required under subsection 7b77#d7 information1 including activities1 findings1 and recommendations1 regarding subject matter considered by the subcommittee4 7#d7 ,subject matter experts ,the chair of the ,advisory ,committee shall appoint members to subcommittees and shall ensure that each member appointed to a subcommittee has subject matter expertise relevant to the subject matter of the subcommittee4 7e7 ,nonapplicability of ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,advisory ,committee and its subcommittees4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by inserting after the item relating to section #bbad the following new item3 ,sec4 #bbae4 ,cybersecurity ,advisory ,committee4 4 #cjb4 ,cybersecurity essentials 7a7 ,in general ,subsection 7b7 of section #bbjc of the ,homeland ,security act of #bjjb 7#f ,u4,s4,c4 #fec7 is amended-- 7#a7 in paragraph 7#c71 by striking and after the semicolon at the end2 7#b7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#c7 by inserting after paragraph 7#c7 the following new paragraph3 7#d7 develop1 publish and update as necessary guidelines and processes for a national audience regarding best practices for effective and usable basic controls that have the most impact in defending again common cybersecurity threats and cybersecurity risks2 and 4 7b7 ,restriction ,chapter #ce of title #dd1 ,united ,states ,code 7commonly known as the ,paperwork ,reduction ,act7 shall not apply to any action to implement this ,act4 #cjc4 ,establishment of continuous diagnostics and mitigation program in the ,cybersecurity and ,infrastructure ,security ,agency 7a7 ,in general ,section #bbac of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #ffc7 is amended by adding at the end the following new subsection3 7g7 ,continuous diagnostics and mitigation 7#a7 ,program 7,a7 ,in general ,the ,secretary1 acting through the ,director of ,cybersecurity and ,infrastructure ,security1 shall deploy1 operate1 and maintain a continuous diagnostics and mitigation program for agencies4 ,under such program1 the ,secretary shall-- 7i7 assist agencies to continuously diagnose and mitigate cyber threats and vulnerabilities2 7ii7 develop and provide the capability to collect1 analyze1 and visualize information relating to security data and cybersecurity risks at agencies2 7iii7 make program capabilities available for use1 with or without reimbursement1 to civilian agencies and ,state1 local1 ,tribal1 and territorial governments2 7iv7 employ shared services1 collective purchasing1 blanket purchase agreements1 and any other economic or procurement models the ,secretary determines appropriate to maximize the costs savings associated with implementing an information system2 and 7v7 develop policies and procedures for reporting systemic cybersecurity risks and potential incidents based upon data collected under such program4 7,b7 ,regular improvement ,the ,secretary shall regularly deploy new technologies and modify existing technologies to the continuous diagnostics and mitigation program required under subparagraph 7,a71 as appropriate1 to improve the program4 7#b7 ,agency responsibilities ,notwithstanding any other provision of law1 each agency that uses the continuous diagnostics and mitigation program under paragraph 7#a7 shall1 continuously and in real time1 provide to the ,secretary all information1 assessments1 analyses1 and raw data collected by the program1 in a manner specified by the ,secretary4 7#c7 ,responsibilities of the secretary ,in carrying out the continuous diagnostics and mitigation program under paragraph 7#a71 the ,secretary shall1 as appropriate-- 7,a7 share with agencies relevant analysis and products developed under such program2 7,b7 provide regular reports on cybersecurity risks to agencies2 and 7,c7 provide comparative assessments of cybersecurity risks for agencies4 4 7b7 ,continuous diagnostics and mitigation strategy 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall develop a comprehensive continuous diagnostics and mitigation strategy to carry out the continuous diagnostics and mitigation program required under subsection 7g7 of section #bbac of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #ffc71 as added by subsection 7a74 7#b7 ,scope ,the strategy required under paragraph 7#a7 shall include the following3 7,a7 ,a description of the continuous diagnostics and mitigation program1 including efforts by the ,secretary of ,homeland ,security to assist with the deployment of program tools1 capabilities1 and services1 from the inception of the program referred to in paragraph 7#a7 to the date of enactment of this ,act4 7,b7 ,a description of the coordination and funding required to deploy1 install1 and maintain the tools1 capabilities1 and services that the ,secretary of ,homeland ,security determines to be necessary to satisfy the requirements of such program4 7,c7 ,a description of any obstacles facing the deployment1 installation1 and maintenance of tools1 capabilities1 and services under such program4 7,d7 ,recommendations and guidelines to help maintain and continuously upgrade tools1 capabilities1 and services provided under such program4 7,e7 ,recommendations for using the data collected by such program for creating a common framework for data analytics1 visualization of enterprise-wide risks1 and real-time reporting1 and comparative assessments for cybersecurity risks4 7,f7 ,recommendations for future efforts and activities1 including for the rollout of new and emerging tools1 capabilities and services1 proposed timelines for delivery1 and whether to continue the use of phased rollout plans1 related to securing networks1 devices1 data1 and information and operational technology assets through the use of such program4 7#c7 ,form ,the strategy required under paragraph 7#a7 shall be submitted in an unclassified form1 but may contain a classified annex4 7c7 ,report ,not later than #ahj days after the development of the strategy required under subsection 7b71 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representative a report on cybersecurity risk posture based on the data collected through the continuous diagnostics and mitigation program under subsection 7g7 of section #bbac of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #ffc71 as added by subsection 7a74 7d7 ,,gao report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report to ,congress on the potential impacts and benefits of replacing the reporting requirements under chapter #ce of title #dd1 ,united ,states ,code1 with periodical real-time data provided by the continuous diagnostics and mitigation program under subsection 7g7 of section #bbac of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #ffc71 as added by subsection 7a74 #cjd4 ,administrative subpoena authority 7a7 ,in general ,section #bbji of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fei7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraph 7#f7 as paragraph 7#g72 and 7,b7 by inserting after paragraph 7#e7 the following3 7#f7 the term security vulnerability has the meaning given that term in section #ajb7ag7 of the ,cybersecurity ,information ,sharing ,act of #bjae 7#fae ,u4,s4,c4 #aeja7ag772 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#aj71 by striking and at the end2 7,b7 in paragraph 7#aa71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#ab7 detecting1 identifying1 and receiving information about security vulnerabilities relating to critical infrastructure in the information systems and devices of ,federal and non-,federal entities for a cybersecurity purpose1 as defined in section #ajb of the ,cybersecurity ,information ,sharing ,act of #bjae 7#f ,u4,s4,c4 #aeja71 and notifying the owners and operators of critical infrastructure with such security vulnerability4 2 and 7#c7 by adding at the end the following3 7n7 ,subpoena authority 7#a7 ,definition ,in this subsection1 the term enterprise device or system-- 7,a7 means a device or system commonly used to perform industrial1 commercial1 scientific1 or governmental functions or processes that relate to critical infrastructure1 including operational and industrial control systems1 distributed control systems1 and programmable logic controllers2 and 7,b7 does not include personal devices and systems1 such as consumer mobile devices1 home computers1 residential wireless routers1 or residential internet-enabled consumer devices4 7#b7 ,authority 7,a7 ,in general ,if the ,director identifies a system connected to the internet which he reasonably believes contains a with a specific security vulnerability and reasonably believes that the security vulnerability relates to critical infrastructure and affects an enterprise device or system owned or operated by a ,federal or non-,federal entity1 and the ,director is unable to identify the entity at risk1 the ,director may issue a subpoena for the production of information necessary to identify and notify the entity at risk1 in order to carry out a function authorized under subsection 7c77#ab74 7,b7 ,limit on information ,a subpoena issued under the authority under subparagraph 7,a7 may only seek information in the categories set forth in subparagraphs 7,a71 7,b71 7,d71 and 7,e7 of section #bgjc7;c77#b7 of title #ah1 ,united ,states ,code4 7,c7 ,liability protections for disclosing providers ,the provisions of section #bgjc7;e7 of title #ah1 ,united ,states ,code1 shall apply to any subpoena issued under the authority under subparagraph 7,a74 7#c7 ,coordination 7,a7 ,in general ,if the ,director decides to exercise the subpoena authority under this subsection1 and in the interest of avoiding interference with ongoing law enforcement investigations1 the ,director shall coordinate the issuance of any such subpoena with the ,department of ,justice1 including the ,federal ,bureau of ,investigation1 pursuant to inter-agency procedures which the ,director1 in coordination with the ,attorney ,general1 shall develop not later than #fj days after the date of enactment of this subsection4 7,b7 ,contents ,the inter-agency procedures developed under this paragraph shall provide that a subpoena issued by the ,director under this subsection shall be-- 7i7 issued in order to carry out a function described in subsection 7c77#ab72 and 7ii7 subject to the limitations under this subsection4 7,c7 ,restriction on law enforcement use ,the regulations or guidance issued to carry out actions authorized under subsection 7n7 by the ,director may not be used by the ,department of ,justice1 including the ,federal ,bureau of ,investigation1 to predicate a new investigation solely on the information contained in a subpoena issued under subsection 7n74 7#d7 ,noncompliance ,if any person1 partnership1 corporation1 association1 or entity fails to comply with any duly served subpoena issued under this subsection1 the ,director may request that the ,attorney ,general seek enforcement of the subpoena in any judicial district in which such person1 partnership1 corporation1 association1 or entity resides1 is found1 or transacts business4 7#e7 ,notice ,not later than #g days after the date on which the ,director receives information obtained through a subpoena issued under this subsection1 the ,director shall notify the entity at risk identified by information obtained under the subpoena regarding the subpoena and the identified vulnerability4 7#f7 ,authentication ,any subpoena issued by the ,director under this subsection shall be authenticated by the electronic signature of an authorized representative of the ,agency or other comparable symbol or process identifying the ,agency as the source of the subpoena4 7#g7 ,remediation ,upon successful identification of a vulnerability on a system owned or operated by the party or entity1 the ,director shall1 upon request-- 7,a7 provide appropriate1 detailed technical guidance to remediate1 end1 or mitigate the vulnerability identified by the subpoena2 7,b7 provide appropriate1 detailed technical guidance to prevent a recurrence or the vulnerability or a similar vulnerability in the future2 and 7,c7 provide appropriate information regarding any other exploitable vulnerabilities discovered on a system owned or operated by a party or entity during the course of investigation and remediation operations by the ,agency4 7#h7 ,procedures ,not later than #ij days after the date of enactment of this subsection1 the ,director shall establish internal procedures and associated training1 applicable to employees and operations of the ,agency1 regarding subpoenas issued under this subsection1 which shall address-- 7,a7 the protection of and restriction on dissemination of nonpublic information obtained through a subpoena issued under this subsection1 including a requirement that the ,agency shall not disseminate nonpublic information obtained through a subpoena issued under this subsection that identifies the party that is subject to the subpoena or the entity at risk identified by information obtained1 unless-- 7i7 the party or entity consents2 or 7ii7 the ,agency identifies or is notified of a cybersecurity incident involving the party or entity1 which relates to the vulnerability which led to the issuance of the subpoena2 7,b7 the restriction on the use of information obtained through the subpoena for a cybersecurity purpose1 as defined in section #ajb of the ,cybersecurity ,information ,sharing ,act of #bjae 7#f ,u4,s4,c4 #aeja72 7,c7 the retention and destruction of nonpublic information obtained through a subpoena issued under this subsection1 including-- 7i7 immediate destruction of information obtained through the subpoena that the ,director determines is unrelated to critical infrastructure2 and 7ii7 destruction of any personally identifiable information not later than #f months after the date on which the ,director receives information obtained through the subpoena1 unless otherwise agreed to by the individual identified by the subpoena respondent2 7,d7 the processes for providing notice to each party that is subject to the subpoena and each entity at risk identified by information obtained pursuant to a subpoena issued under this subsection2 7,e7 the processes and criteria for conducting critical infrastructure security risk assessments to determine whether a subpoena is necessary prior to being issued under this subsection2 and 7,f7 the processes for assisting a party or entity with removal1 remediation1 or other corrective measures required to address the vulnerability identified by the subpoena and1 upon request1 providing other resources to parties or entities to prevent a recurrence of the vulnerability or a related vulnerability in the future4 7#i7 ,review of procedures ,not later than #a year after the date of enactment of this subsection1 the ,privacy ,officer of the ,agency shall-- 7,a7 review the procedures developed by the ,director under paragraph 7#h7 to ensure that-- 7i7 the procedures are consistent with fair information practices2 and 7ii7 the operations of the ,agency comply with the procedures2 and 7,b7 notify the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives of the results of the review4 7#aj7 ,publication of information ,not later than #abj days after establishing the internal procedures under paragraph 7#h71 the ,director shall make publicly available information regarding the subpoena process under this subsection1 including regarding-- 7,a7 the purpose for subpoenas issued under this subsection2 7,b7 the subpoena process2 7,c7 the criteria for the critical infrastructure security risk assessment conducted prior to issuing a subpoena2 7,d7 policies and procedures on retention and sharing of data obtained by subpoena2 7,e7 guidelines on how entities contacted by the ,director may respond to notice of a subpoena2 and 7,f7 the procedures and policies of the ,agency developed under paragraph 7#h74 7#aa7 ,annual reports ,the ,director shall annually submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives a report 7which may include a classified annex but with the presumption of declassification7 on the use of subpoenas under this subsection by the ,director1 which shall include-- 7,a7 a discussion of-- 7i7 the effectiveness of the use of subpoenas to mitigate critical infrastructure security vulnerabilities2 7ii7 the critical infrastructure security risk assessment process conducted for subpoenas issued under this subsection2 7iii7 the number of subpoenas issued under this subsection by the ,director during the preceding year2 7iv7 to the extent practicable1 the number of vulnerable enterprise devices or systems mitigated under this subsection by the ,agency during the preceding year2 and 7v7 the number of entities notified by the ,director under this subsection1 and their response1 during the previous year2 and 7,b7 for each subpoena issued under this subsection-- 7i7 the source of the security vulnerability detected1 identified1 or received by the ,director2 7ii7 the steps taken to identify the entity at risk prior to issuing the subpoena2 and 7iii7 a description of the outcome of the subpoena1 including discussion on the resolution or mitigation of the critical infrastructure security vulnerability4 7#ab7 ,publication of the annual reports ,the ,director shall make a version of the annual report required by paragraph 7#aa7 publicly available1 which shall1 at a minimum1 include the findings described in clauses 7iii71 7iv71 and 7v7 of subparagraph 7,a74 4 #cje4 ,,cisa ,director term limitation 7a7 ,in general ,subsection 7b7 of section #bbjb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #feb7 is amended by-- 7#a7 redesignating paragraph 7#b7 as paragraph 7#c72 and 7#b7 inserting after paragraph 7#a7 the following new paragraph3 7#b7 ,term ,effective with respect to an individual appointed to be the ,director by the ,president1 by and with the advice and consent of the ,senate1 after the date of the enactment of this paragraph1 the term of office of such an individual so appointed shall be five years1 and such an individual may not serve more than two terms4 ,the term of office of the individual serving as the ,director as of such date of enactment shall be five years beginning on the date on which the ,director began serving4 4 7b7 ,amendment relating to qualifications for certain ,,cisa ,assistant ,directors ,the ,homeland ,security ,act of #bjjb is amended-- 7#a7 in subparagraph 7,b7 of section #bbjc7;a77#b7 7#f ,u4,s4,c4 #fec7;a77#b771 by striking ,president without the advice and consent of the ,senate and inserting ,secretary2 and 7#b7 in subparagraph 7,b7 of section #bbjd7;a77#b7 7#f ,u4,s4,c4 #fed7;a77#b771 by striking ,president without the advice and consent of the ,senate and inserting ,secretary4 7c7 ,amendment to position level of ,,cisa ,director ,subchapter ,,ii of chapter #ec of title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #ecac1 by inserting after ,administrator of the ,transportation ,security ,administration4 the following3 ,director1 ,cybersecurity and ,infrastructure ,security ,agency4 2 and 7#b7 in section #ecad1 by striking ,director1 ,cybersecurity and ,infrastructure ,security ,agency44 #cjf4 ,state1 local1 ,tribal1 and territorial cybersecurity 7a7 ,in general ,subtitle ,a of title ,,xxii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fea et seq471 as amended by this title1 is further amended by adding at the end the following new sections3 #bbaf4 ,cybersecurity resource guide development for ,state1 local1 ,tribal1 and territorial government officials ,the ,secretary1 acting through the ,director1 shall develop a resource guide for use by ,state1 local1 and ,tribal officials1 including law enforcement officers1 to help such officials prepare for1 protect against1 respond to1 recover from1 and mitigate against cyber attacks4 #bbag4 ,state1 local1 ,tribal1 and territorial cybersecurity grants 7a7 ,in general ,the ,director shall establish a ,state1 local1 ,tribal1 and territorial government cybersecurity initiative to make grants to ,state1 local1 ,tribal1 and territorial governments to prepare for1 protect against1 respond to1 recover from1 and mitigate against cyber attacks4 7b7 ,application 7#a7 ,in general ,each ,state1 local1 ,tribal1 and territorial government may apply for a grant under this section1 and shall submit such information in support of an application relating thereto as the ,director may require4 7#b7 ,minimum contents of application ,an application under this subsection shall include the following3 7,a7 ,a description of how the ,state1 local1 ,tribal1 or territorial government plans to allocate grant funds4 7,b7 ,a budget showing how the ,state1 local1 ,tribal1 or territorial government intends to expend grant funds4 7#c7 ,duration ,grants under this section shall be for one year1 and a ,state1 local1 ,tribal1 or territorial government may apply or reapply on an annual basis4 7c7 ,grant award ,to be eligible to receive a grant under this section1 a ,state1 local1 ,tribal1 or territorial government shall agree to contribute1 from ,state or local government appropriated funds1 other ,state or local government revenue1 or from private contributions received by the ,state or local government1 not less than #bj percent of the amount of the grant4 7d7 ,authorization of appropriations ,there is authorized to be appropriated #ej1jjj1jjj for each of fiscal years #bjbj through #bjbd and such sums as may be necessary for each fiscal year thereafter to carry out this section4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #bbae1 as added by this title1 the following new items3 ,sec4 #bbaf4 ,cybersecurity resource guide development for ,state1 local1 ,tribal1 and territorial government officials4 ,sec4 #bbag4 ,state1 local1 ,tribal1 and territorial cybersecurity grants4 4 7c7 ,additional requirements ,subtitle ,a of title ,,xxii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c #feb et seq471 as amended by this title1 is further amended-- 7#a7 in section #bbja 7#f ,u4,s4,c4 #fea7-- 7,a7 by redesignating paragraphs 7#d71 7#e71 and 7#f7 as paragraphs 7#e71 7#f71 and 7#g71 respectively2 and 7,b7 by inserting after paragraph 7#c7 the new following paragraph3 7#d7 ,entity ,the term entity shall include-- 7,a7 an association1 corporation1 whether for-profit or nonprofit1 partnership1 proprietorship1 organization1 institution1 establishment1 or individual1 whether domestic or foreign2 7,b7 a government agency or other governmental entity1 whether domestic or foreign1 including ,state1 local1 ,tribal1 and territorial government entities2 and 7,c7 the general public4 2 and 7#b7 in section #bbji 7#f ,u4,s4,c4 #fei71 by adding at the end the following new subsection3 7n7 ,coordination ,the ,director shall1 to the extent practicable1 and in coordination as appropriate with ,federal and non-,federal entities1 such as the ,multi-,state ,information ,sharing and ,analysis ,center-- 7#a7 conduct exercises with ,federal and non-,federal entities2 7#b7 provide operational and technical cybersecurity training related to cyber threat indicators1 defensive measures1 cybersecurity risks1 and incidents to ,federal and non-,federal entities to address cybersecurity risks or incidents1 with or without reimbursement2 7#c7 assist ,federal and non-,federal entities1 upon request1 in sharing cyber threat indicators1 defensive measures1 cybersecurity risks1 and incidents from and to the ,federal ,government as well as among ,federal and non-,federal entities1 in order to increase situational awareness and help prevent incidents2 7#d7 provide ,federal and non-,federal entities timely notifications containing specific incident and malware information that may affect such entities or individuals with respect to whom such entities have a relationship2 7#e7 provide and periodically update via a web portal and other means tools1 products1 resources1 policies1 guidelines1 controls1 procedures and other cybersecurity standards and best practices and procedures related to information security2 7#f7 work with senior ,federal and non-,federal officials1 including ,state and local ,chief ,information ,officers1 senior election officials1 and through national associations1 to coordinate a nationwide effort to ensure effective implementation of tools1 products1 resources1 policies1 guidelines1 controls1 procedures1 and other cybersecurity standards and best practices and procedures related to information security to secure and ensure the resiliency of ,federal and non-,federal information systems and including election systems2 7#g7 provide1 upon request1 operational and technical assistance to ,federal and non-,federal entities to implement tools1 products1 resources1 policies1 guidelines1 controls1 procedures1 and other cybersecurity standards and best practices related to information security1 including by1 as appropriate1 deploying and sustaining cybersecurity technologies1 such as an intrusion detection capability1 to assist such ,federal and non-,federal entities in detecting cybersecurity risks and incidents2 7#h7 assist ,federal and non-,federal entities in developing policies and procedures for coordinating vulnerability disclosures1 to the extent practicable1 consistent with international and national standards in the information technology industry2 7#i7 ensure that ,federal and non-,federal entities1 as appropriate1 are made aware of the tools1 products1 resources1 policies1 guidelines1 controls1 procedures1 and other cybersecurity standards and best practices related to information security developed by the ,department and other appropriate ,federal entities for ensuring the security and resiliency of civilian information systems2 and 7#aj7 promote cybersecurity education and awareness through engagements with ,federal and non-,federal entities4 4 #cjg4 ,cybersecurity workforce 7a7 ,cybersecurity ,talent ,exchange 7#a7 ,definitions ,in this section-- 7,a7 the term congressional homeland security committees means-- 7i7 the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,appropriations of the ,senate2 and 7ii7 the ,committee on ,homeland ,security and the ,committee on ,appropriations of the ,house of ,representatives2 7,b7 the term ,department means the ,department of ,homeland ,security2 and 7,c7 the term ,secretary means the ,secretary of ,homeland ,security4 7#b7 ,cybersecurity talent exchange pilot program 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall commence carrying out a cybersecurity talent exchange pilot program4 7,b7 ,delegation ,the ,secretary may delegate any authority under this section to the ,director of the ,cybersecurity and ,infrastructure ,security ,agency of the ,department4 7#c7 ,appointment authority 7,a7 ,in general ,under regulations prescribed by the ,secretary for the purpose of carrying out the pilot program established under subsection 7b71 the ,secretary may1 with the agreement of a private-sector organization and the consent of the employee1 arrange for the temporary assignment of an employee to the private-sector organization1 or from the private-sector organization to a ,department organization under this section4 7,b7 ,eligible employees ,employees participating in the pilot program established under subsection 7b7 shall have significant education1 skills1 or experience relating to cybersecurity4 7,c7 ,agreements 7i7 ,in general ,the ,secretary shall provide for a written agreement among the ,department1 the private-sector organization1 and the employee concerned regarding the terms and conditions of the assignment of the employee under this section1 which-- 7,i7 shall require that the employee of the ,department1 upon completion of the assignment1 will serve in the ,department1 or elsewhere in the civil service if approved by the ,secretary1 for a period equal to twice the length of the assignment2 7,,ii7 shall provide that if the employee of the ,department or of the private-sector organization1 as the case may be1 fails to carry out the agreement1 the employee shall be liable to the ,united ,states for payment of all expenses of the assignment1 unless that failure was for good and sufficient reason1 as determined by the ,secretary2 7,,iii7 shall contain language ensuring that the employee of the ,department does not improperly use pre-decisional or draft deliberative information that the employee may be privy to or aware of related to ,department programing1 budgeting1 resourcing1 acquisition1 or procurement for the benefit or advantage of the private-sector organization2 and 7,,iv7 shall cover matters relating to confidentiality1 intellectual property rights1 and such other matters as the ,secretary considers appropriate4 7ii7 ,liability ,an amount for which an employee is liable under subparagraph 7i77,,ii7 shall be treated as a debt due the ,united ,states4 7iii7 ,waiver ,the ,secretary may waive1 in whole or in part1 collection of a debt described in subparagraph 7,b7 based on a determination that the collection would be against equity and good conscience and not in the best interests of the ,united ,states1 after taking into account any indication of fraud1 misrepresentation1 fault1 or lack of good faith on the part of the employee4 7,d7 ,termination ,an assignment under this subsection may1 at any time and for any reason1 be terminated by the ,department or the private-sector organization concerned4 7,e7 ,duration 7i7 ,in general ,except as provided in subparagraph 7,b71 an assignment under this subsection shall be for a period of not less than #c months and not more than #b years1 and renewable up to a total of #d years4 7ii7 ,exception ,an assignment under this subsection may be for a period in excess of #b years1 but not more than #d years1 if the ,secretary determines that the assignment is necessary to meet critical mission or program requirements4 7iii7 ,limitation ,no employee of the ,department may be assigned under this subsection for more than a total of #d years inclusive of all assignments4 7,f7 ,status of ,federal employees assigned to private-sector organizations 7i7 ,in general ,an employee of the ,department who is assigned to a private-sector organization under this subsection shall be considered1 during the period of assignment1 to be on detail to a regular work assignment in the ,department for all purposes4 7ii7 ,written agreement ,the written agreement established under paragraph 7#c7 shall address the specific terms and conditions related to the continued status of the employee as a ,federal employee4 7iii7 ,certification ,in establishing a temporary assignment of an employee of the ,department to a private-sector organization1 the ,secretary shall-- 7,i7 ensure that the normal duties and functions of the employee can be reasonably performed by other employees of the ,department without the transfer or reassignment of other personnel of the ,department2 and 7,,ii7 certify that the temporary assignment of the employee shall not have an adverse or negative impact on organizational capabilities associated with the assignment4 7,g7 ,terms and conditions for private-sector employees ,an employee of a private-sector organization who is assigned to a ,department organization under this subsection-- 7i7 shall continue to receive pay and benefits from the private-sector organization from which the employee is assigned and shall not receive pay or benefits from the ,department1 except as provided in subparagraph 7,b72 7ii7 is deemed to be an employee of the ,department for the purposes of-- 7,i7 chapters #gc and #ha of title #e1 ,united ,states ,code2 7,,ii7 sections #bja1 #bjc1 #bje1 #bjg1 #bjh1 #bji1 #fjc1 #fjf1 #fjg1 #fdc1 #fed1 #aije1 and #aiac of title #ah1 ,united ,states ,code2 7,,iii7 sections #acdc1 #acdd1 and #acdi7;b7 of title #ca1 ,united ,states ,code2 7,,iv7 chapter #aga of title #bh1 ,united ,states ,code 7commonly known as the ,federal ,tort ,claims ,act7 and any other ,federal tort liability statute2 7,v7 the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app472 and 7,,vi7 chapter #ba of title #da1 ,united ,states ,code2 7iii7 shall not have access to any trade secrets or to any other nonpublic information which is of commercial value to the private-sector organization from which the employee is assigned2 7iv7 may perform work that is considered inherently governmental in nature only when requested in writing by the ,secretary2 and 7v7 may not be used to circumvent any limitation or restriction on the size of the workforce of the ,department4 7,h7 ,prohibition against charging certain costs to the ,federal ,government ,a private-sector organization may not charge the ,department or any other agency of the ,federal ,government1 as direct or indirect costs under a ,federal contract1 the costs of pay or benefits paid by the organization to an employee assigned to a ,department organization under this subsection for the period of the assignment4 7,i7 ,expenses 7i7 ,in general ,the ,secretary may pay for travel and other work-related expenses associated with individuals participating in the pilot program established under subsection 7b74 ,the ,secretary shall not pay for lodging or per diem expenses for employees of a private sector organization1 unless such expenses are in furtherance of work-related travel other than participating in the pilot program4 7ii7 ,background investigation ,a private person supporting an individual participating in the pilot program may pay for a background investigation associated with the participation of the individual in the pilot program4 7,j7 ,maximum number of participants ,not more than #bej individuals may concurrently participate in the pilot program established under subsection 7b74 7#d7 ,detailing of participants ,with the consent of an individual participating in the pilot program established under subsection 7b71 the ,secretary may1 under the pilot program1 detail the individual to another ,federal department or agency4 7#e7 ,sunset ,the pilot program established under subsection 7b7 shall terminate on the date that is #g years after the date of enactment of this ,act4 7#f7 ,reports 7,a7 ,preliminary report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the congressional homeland security committees a preliminary report describing the implementation of the pilot program established under subsection 7b71 including the number of participating employees from the ,department and from private sector organizations1 the departmental missions or programs carried out by employees participating in the pilot program1 and recommendations to maximize efficiencies and the effectiveness of the pilot program in order to support ,department cybersecurity missions and objectives4 7,b7 ,final report ,not later than #f years after the date of enactment of this ,act1 the ,secretary shall submit to the congressional homeland security committees a final report describing the implementation of the pilot program established under subsection 7b71 including the number of participating employees from the ,department and from private sector organizations1 the departmental missions or programs carried out by employees participating in the pilot program1 and providing a recommendation on whether the pilot program should be made permanent4 7b7 ,in general ,subtitle ,a of title ,,xxii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fea et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #bbah4 ,cybersecurity apprenticeships ,the director of cybersecurity and infrastructure security agency may establish a cybersecurity apprenticeship program in coordination with the ,national ,institutes of ,standards and ,technology ,national ,initiative for ,cybersecurity ,education and the ,department of ,labor ,apprenticeship ,office4 4 7c7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #bbag1 as added by this title1 the following new item3 ,sec4 #bbah4 ,cybersecurity apprenticeships4 4 #cjh4 ,election security 7a7 ,election infrastructure designation ,subparagraph 7,j7 of section #bjja7c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fja7c77 is amended by inserting 1 including election infrastructure before the period at the end4 7b7 ,timely threat information ,subsection 7d7 of section #bja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aba71 as amended by title ,,ii of this ,act1 is further amended by adding at the end the following new paragraph3 7#be7 ,to provide timely threat information regarding election infrastructure to the chief ,state election official of the ,state with respect to which such information pertains4 4 7c7 ,election security responsibilities ,in carrying out the responsibilities under section #bbjb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #feb71 the ,director of ,cybersecurity and ,infrastructure ,security ,agency may-- 7#a7 upon request1 provide ,state and local election jurisdictions1 with-- 7,a7 technical assistance with election infrastructure2 7,b7 cyber hygiene service for internet-facing systems2 7,c7 risk and vulnerability assessments2 7,d7 incident response assistance2 and 7,e7 provide physical and protective security tools1 training and resources2 and 7#b7 employ field-base cybersecurity advisors and protective security advisors4 #cji4 ,protection from liability ,section #bbbd of the ,homeland ,security ,act 7#f ,u4,s4,c4 #fgc7 is amending by adding at the end the following new subsections3 7i7 ,monitoring of information systems ,no cause of action shall lie or be maintained in any court against any private entity1 and such action shall be promptly dismissed1 for the monitoring of an information system and information under section #ajd7;a7 that is conducted in accordance with this title4 7j7 ,sharing or receipt of cyber threat indicators 7#a7 ,in general ,no cause of action shall lie or be maintained in any court against any private entity1 and such action shall be promptly dismissed1 for the sharing or receipt of a cyber threat indicator or defensive measure under section #ajd7;c7 if-- 7,a7 such sharing or receipt is conducted in accordance with this title2 and 7,b7 in a case in which a cyber threat indicator or defensive measure is shared with the ,federal ,government1 the cyber threat indicator or defensive measure is shared in a manner that is consistent with section #aje7;c77#a77;,b7 and the sharing or receipt1 as the case may be1 occurs after the earlier of-- 7i7 the date on which the interim policies and procedures are submitted to ,congress under section #aje7;a77#a7 and guidelines are submitted to ,congress under section #aje7;b77#a72 or 7ii7 the date that is #fj days after the date of the enactment of this subsection4 7#b7 ,rule of construction ,nothing in this subsection may be construed to-- 7,a7 create a duty to-- 7i7 share a cyber threat indicator or defensive measure2 or 7ii7 warn or act based on the receipt of a cyber threat indicator or defensive measure2 or 7,b7 undermine or limit the availability of otherwise applicable common law or statutory defenses4 4 #caj4 ,permanent extension of chemical facility anti-terrorism standards program of the ,department of ,homeland ,security ,section #e of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjad 7,public ,law #aac-bed2 #f ,u4,s4,c4 #fba note7 is repealed4 #caa4 ,cybersecurity research and development projects 7a7 ,cybersecurity research and development 7#a7 ,in general ,title ,,iii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aha et seq471 as amended by title ,i of this ,act1 is further amended by adding at the end the following new section3 #cbb4 ,cybersecurity research and development 7a7 ,in general ,the ,under ,secretary for ,science and ,technology shall support the research1 development1 testing1 evaluation1 and transition of cybersecurity technologies1 including fundamental research to improve the sharing of information1 information security1 analytics1 and methodologies related to cybersecurity risks and incidents1 consistent with current law4 7b7 ,activities ,the research and development supported under subsection 7a7 shall serve the components of the ,department and shall-- 7#a7 advance the development and accelerate the deployment of more secure information systems2 7#b7 improve and create technologies for detecting and preventing attacks or intrusions1 including real-time continuous diagnostics1 real-time analytic technologies1 and full life cycle information protection2 7#c7 improve and create mitigation and recovery methodologies1 including techniques and policies for real-time containment of attacks and development of resilient networks and information systems2 7#d7 assist the development and support infrastructure and tools to support cybersecurity research and development efforts1 including modeling1 testbeds1 and data sets for assessment of new cybersecurity technologies2 7#e7 assist the development and support of technologies to reduce vulnerabilities in industrial control systems2 7#f7 assist the development and support cyber forensics and attack attribution capabilities2 7#g7 assist the development and accelerate the deployment of full information life cycle security technologies to enhance protection1 control1 and privacy of information to detect and prevent cybersecurity risks and incidents2 7#h7 assist the development and accelerate the deployment of information security measures1 in addition to perimeter-based protections2 7#i7 assist the development and accelerate the deployment of technologies to detect improper information access by authorized users2 7#aj7 assist the development and accelerate the deployment of cryptographic technologies to protect information at rest1 in transit1 and in use2 7#aa7 assist the development and accelerate the deployment of methods to promote greater software assurance2 7#ab7 assist the development and accelerate the deployment of tools to securely and automatically update software and firmware in use1 with limited or no necessary intervention by users and limited impact on concurrently operating systems and processes2 and 7#ac7 assist in identifying and addressing unidentified or future cybersecurity threats4 7c7 ,coordination ,in carrying out this section1 the ,under ,secretary for ,science and ,technology shall coordinate activities with-- 7#a7 the ,director of ,cybersecurity and ,infrastructure ,security2 7#b7 the heads of other relevant ,federal departments and agencies1 as appropriate2 and 7#c7 industry and academia4 7d7 ,transition to practice ,the ,under ,secretary for ,science and ,technology shall-- 7#a7 support projects carried out under this title through the full life cycle of such projects1 including research1 development1 testing1 evaluation1 pilots1 and transitions2 7#b7 identify mature technologies that address existing or imminent cybersecurity gaps in public or private information systems and networks of information systems1 protect sensitive information within and outside networks of information systems1 identify and support necessary improvements identified during pilot programs and testing and evaluation activities1 and introduce new cybersecurity technologies throughout the homeland security enterprise through partnerships and commercialization2 and 7#c7 target federally funded cybersecurity research that demonstrates a high probability of successful transition to the commercial market within #b years and that is expected to have a notable impact on the public or private information systems and networks of information systems4 7e7 ,definitions ,in this section3 7#a7 ,cybersecurity risk ,the term cybersecurity risk has the meaning given the term in section #bbji4 7#b7 ,homeland security enterprise ,the term homeland security enterprise means relevant governmental and nongovernmental entities involved in homeland security1 including ,federal1 ,state1 local1 and ,tribal government officials1 private sector representatives1 academics1 and other policy experts4 7#c7 ,incident ,the term incident has the meaning given the term in section #bbji4 7#d7 ,information system ,the term information system has the meaning given the term in section #cejb of title #dd1 ,united ,states ,code4 7#e7 ,software assurance ,the term software assurance means confidence that software-- 7,a7 is free from vulnerabilities1 either intentionally designed into the software or accidentally inserted at any time during the life cycle of the software2 and 7,b7 functioning in the intended manner4 4 7#b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #cba1 as added by title ,i of this ,act1 the following new item3 ,sec4 #cbb4 ,cybersecurity research and development4 4 7b7 ,research and development projects ,section #hca of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cia7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking #bjag and inserting #bjbb2 and 7,b7 in paragraph 7#b71 by striking under section #hde of the ,national ,defense ,authorization ,act for ,fiscal ,year #aiid 7,public ,law #ajc-afj74 ,in applying the authorities of that section #hde1 subsection 7c7 of that section shall apply with respect to prototype projects under this paragraph1 and the ,secretary shall perform the functions of the ,secretary of ,defense under subsection 7d7 thereof and inserting under section #bcga;b of title #aj1 ,united ,states ,code1 and the ,secretary shall perform the functions of the ,secretary of ,defense as prescribed42 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking #bjag and inserting #bjbb2 and 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,report ,the ,secretary shall annually submit to the ,committee on ,homeland ,security and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report detailing the projects for which the authority granted by subsection 7a7 was utilized1 the rationale for such utilizations1 the funds spent utilizing such authority1 the extent of cost-sharing for such projects among ,federal and non-,federal sources1 the extent to which utilization of such authority has addressed a homeland security capability gap or threat to the homeland identified by the ,department1 the total amount of payments1 if any1 that were received by the ,federal ,government as a result of the utilization of such authority during the period covered by each such report1 the outcome of each project for which such authority was utilized1 and the results of any audits of such projects4 2 7#c7 in subsection 7d71 by striking as defined in section #hde7;e7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #aiid 7,public ,law #ajc-afj2 #aj ,u4,s4,c4 #bcga note7 and inserting as defined in section #bcga;b7e7 of title #aj1 ,united ,states ,code42 and 7#d7 by adding at the end the following3 7e7 ,training ,the ,secretary shall develop a training program for acquisitions staff on the utilization of the authority provided under subsection 7a7 to ensure accountability and effective management of projects consistent with the ,program ,management ,improvement ,accountability ,act 7,public ,law #aad-bfd2 #acj ,stat4 #acga7 and the amendments made by such ,act4 4 7c7 ,no additional funds authorized ,no additional funds are authorized to carry out the requirements of this section and the amendments made by this section4 ,such requirements shall be carried out using amounts otherwise authorized4 #cab4 ,loan repayment program 7a7 ,agreement ,the ,secretary of ,homeland ,security shall enter into an agreement with each individual in a cybersecurity position identified by a ,federal agency pursuant to section #cjc of the ,federal ,cybersecurity ,workforce ,assessment ,act of #bjae1 under which-- 7#a7 the individual agrees serve in such a position for not less than a #e-year period2 and 7#b7 for each year of such service1 the ,secretary shall repay an amount of principal and interest1 as specified in the agreement1 that the individual owes on qualifying educational loans4 7b7 ,qualifying educational loan defined ,the term qualifying educational loan means a loan made under part ,d of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;a7 or private education loan 7as defined in section #adj of the ,truth in ,lending ,act7 received by an individual for the cost of attendance 7as defined in section #dgb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgll77 at an institution designated by the ,department as a ,center for ,academic ,excellence in ,cybersecurity4 7c7 ,breach remedies 7#a7 ,in general ,subject to paragraph 7#a71 an agreement under subsection 7a7 shall provide for remedies in a case in which an individual does not comply with the service requirement under subsection 7a77#a71 including repayment or partial repayment of the loan repayment amount received under subsection 7a71 with interest4 7#b7 ,waiver ,the ,secretary of ,homeland ,security waive a remedy provided for under paragraph 7#a7 in the case of extreme hardship or extreme need1 as determined by the ,secretary4 7d7 ,administration ,the ,secretary of ,homeland ,security may carry out this section directly or enter into an agreement with another ,federal agency or other service provider to assist in the administration of this section4 7e7 ,repayment schedule ,the ,secretary of ,homeland ,security may enter into an agreement with the holder of any loan for which the ,secretary makes payments under this section to establish a schedule for the making of such payments4 7f7 ,regulations ,not later than #bgj days after the date of enactment of this subsection1 the ,secretary of ,homeland ,security shall promulgate regulations to carry out this section1 including regulations to determine the aggregate amount of loan repayment that an individual may receive under subsection 7a74 #cac4 ,exclusion of certain student loan repayments 7a7 ,in general ,part ,,iii of subchapter ,b of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #aci;,h the following new section3 #aci;,i4 ,certain student loan repayments ,gross income shall not include any amount of loan repayment received under section #cab7;a7 of the ,keep ,america ,secure ,act4 4 7b7 ,clerical amendment ,the table of sections for part ,,iii of subchapter ,b of chapter #a of such ,code is amended by inserting after the item relating to section #aci;,h the following new item3 ,sec4 #aci;,i4 ,certain student loan repayments4 4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjai4 #cad4 ,scholarship for service 7a7 ,in general ,subtitle ,a of title ,,xxii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fea et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #bbai4 ,scholarship for service 7a7 ,in general ,the ,secretary1 acting through the ,director1 may establish a scholarship program 7in this section referred to as the program7 to recruit and train information technology1 cybersecurity1 and industrial control system security professionals to work in the ,agency4 7b7 ,elements ,the program shall-- 7#a7 provide scholarships through institutions of higher education1 including community colleges1 that are designated as ,national ,centers of ,academic ,excellence in cybersecurity by the ,department1 to students who are enrolled in programs of study at such institutions leading to degrees or specialized program certifications in the cybersecurity field2 7#b7 provide scholarship recipients with summer internship opportunities or other meaningful temporary appointments relating to the cybersecurity mission of the ,department2 and 7#c7 prioritize the employment placement in the ,department of at least #hj percent of scholarship recipients4 7c7 ,amount ,a scholarship awarded under the program shall be in an amount that-- 7#a7 covers the recipient's tuition and fees for not more than #d years2 and 7#b7 provides the recipient with a stipend4 7d7 ,post-,award employment obligations ,each scholarship recipient1 as a condition of receiving a scholarship under the program1 shall enter into an agreement under which the recipient agrees to work for a period of five years in the cybersecurity mission of the ,department after receipt of the student's degree or specialized program certification in the cybersecurity field4 7e7 ,eligibility ,to be eligible to receive a scholarship under the program1 an individual shall-- 7#a7 be a citizen or lawful permanent resident of the ,united ,states2 7#b7 have demonstrated a high level of competency in relevant knowledge1 skills1 and abilities1 as defined by the national cybersecurity awareness and education program of the ,national ,institute of ,standards and ,technology pursuant to section #dja of the ,cybersecurity ,enhancement ,act of #bjad 7#ae ,u4,s4,c4 #gdea72 7#c7 be a full-time student in a technology-related degree program at an institution described in subsection 7b77#a71 except that in the case of a student who is enrolled in a community college1 be a student pursuing a degree on a less than full-time basis1 but not less than half-time basis2 and 7#d7 accept the terms of a scholarship under the program4 7f7 ,conditions of support 7#a7 ,in general ,as a condition of receiving a scholarship under the program1 a recipient shall agree to provide the institution described in subsection 7b77#a7 with annual verifiable documentation of post-award employment and up-to-date contact information4 7#b7 ,terms ,a scholarship recipient under the program shall be liable to the ,united ,states as provided in subsection 7i7 if the recipient-- 7,a7 does not maintain an acceptable level of academic standing at the applicable institution described in subsection 7b77#a71 as determined by the ,secretary1 acting through the ,director2 7,b7 is dismissed for disciplinary reasons from such applicable institution2 7,c7 withdraws from the eligible degree program before completing the program of study2 7,d7 declares an intention to not fulfill the post-award employment obligation under the program2 or 7,e7 does not fulfill the post-award employment obligation under the program4 7g7 ,amount of repayment 7#a7 ,less than one year of service ,if a circumstance described in subsection 7f77#b7 occurs before the completion of one year of a post-award employment obligation under the program1 the total monetary amount of the scholarship award received by the recipient under the program shall be-- 7,a7 repaid2 or 7,b7 treated as a loan to be repaid in accordance with subsection 7h74 7#b7 ,one or more years of service ,if a circumstance described in subparagraph 7,d7 or 7,e7 of subsection 7f77#b7 occurs after the completion of one or more years of a post-award employment obligation under the program1 the total monetary amount of the scholarship awards received by the recipient under the program1 reduced by the ratio of the number of years of service completed divided by the number of years of service required1 shall be-- 7,a7 repaid2 or 7,b7 treated as a loan to be repaid in accordance with subsection 7h74 7h7 ,repayments ,a loan described in subsection 7g7 shall be-- 7#a7 treated as a ,federal ,direct ,unsubsidized ,stafford ,loan under part ,d of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;a et seq472 and 7#b7 subject to repayment1 together with interest thereon accruing from the date of the scholarship award1 in accordance with terms and conditions specified by the ,secretary1 acting through the ,director1 7in consultation with the ,secretary of ,education7 in regulations promulgated to carry out this subsection4 7i7 ,collection of repayment 7#a7 ,in general ,in the event that a scholarship recipient is required to repay the scholarship award under this section1 an institution described in subsection 7b77#a7 providing the scholarship shall-- 7,a7 determine the repayment amounts and notify the recipient and the ,secretary of the amounts owed2 and 7,b7 collect the repayment amounts within a period of time as determined by the ,secretary1 or the repayment amounts shall be treated as a loan in accordance with subsection 7h74 7#b7 ,returned to ,treasury ,except as provided in paragraph 7#c71 any repayment under this subsection shall be returned to the ,treasury of the ,united ,states4 7#c7 ,retained percentage ,an institution described in subsection 7b77#a7 may retain a percentage of any repayment such institution collects under this subsection to defray administrative costs associated with such collection4 ,the ,secretary shall establish a single1 fixed percentage that will apply to all such institutions4 7j7 ,exceptions ,the ,secretary may provide for the partial or total waiver or suspension of any service or repayment obligation by an individual under this section whenever compliance by such individual with such obligation is impossible or would involve extreme hardship to such individual1 or if enforcement of such obligation with respect to such individual would be unconscionable4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #bbah1 as added by this title1 the following new item3 ,sec4 #bbai4 ,scholarship for service4 4 #cae4 ,cybersecurity and ,infrastructure ,security ,agency review 7a7 ,in general ,the ,director of the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security shall conduct a review of the ability of the ,cybersecurity and ,infrastructure ,security ,agency to carry out its mission requirements1 as well as the recommendations detailed in the ,u4,s4 ,cyberspace ,solarium ,commission's ,report regarding the ,agency4 7b7 ,elements of review ,the review conducted in accordance with subsection 7a7 shall include the following elements3 7#a7 ,an assessment of how additional budget resources could be used by the ,cybersecurity and ,infrastructure ,security ,agency for projects and programs that-- 7,a7 support the national risk management mission2 7,b7 support public and private-sector cybersecurity2 7,c7 promote public-private integration2 and 7,d7 provide situational awareness of cybersecurity threats4 7#b7 ,a force structure assessment of the ,cybersecurity and ,infrastructure ,security ,agency1 including-- 7,a7 a determination of the appropriate size and composition of personnel to carry out the mission requirements of the ,agency1 as well as the recommendations detailed in the ,u4,s4 ,cyberspace ,solarium ,commission's ,report regarding the ,agency2 7,b7 as assessment of whether existing personnel are appropriately matched to the prioritization of threats in the cyber domain and risks to critical infrastructure2 7,c7 an assessment of whether the ,agency has the appropriate personnel and resources to-- 7i7 perform risk assessments1 threat hunting1 and incident response to support both private and public cybersecurity2 7ii7 carry out its responsibilities related to the security of ,federal information and ,federal information systems 7as such term is defined in section #cejb of title #dd1 ,united ,states ,code72 and 7iii7 carry out its critical infrastructure responsibilities1 including national risk management2 7,d7 an assessment of whether current structure1 personnel1 and resources of regional field offices are sufficient to carry out ,agency responsibilities and mission requirements2 and 7,e7 an assessment of current ,cybersecurity and ,infrastructure ,security ,agency facilities1 including a review of the suitability of such facilities to fully support current and projected mission requirements nationally and regionally1 and recommendations regarding future facility requirements4 7c7 ,submission of review ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report detailing the result of the review conducted in accordance with subsection 7a71 including recommendations to address any identified gaps4 7d7 ,general ,services ,administration review 7#a7 ,submission of assessment ,upon submission to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate of the report required under subsection 7c71 the ,director of the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security shall submit to the ,administrator of the ,general ,services ,administration the results of the assessment required under subsection 7b77#b77;,e74 7#b7 ,review ,the ,administrator of the ,general ,services ,administration shall-- 7,a7 conduct a review of ,cybersecurity and ,infrastructure ,security ,agency assessment required under subsection 7b77#b77;,e72 and 7,b7 make recommendations regarding resources needed to procure or build a new facility or augment existing facilities to ensure sufficient size and accommodations to fully support current and projected mission requirements1 including the integration of personnel from the private sector and other ,federal departments and agencies4 7#c7 ,submission of review ,not later than #cj days after receipt of the assessment in accordance with paragraph 7#a71 the ,administrator of the ,general ,services ,administration shall submit to the ,president1 the ,secretary of ,homeland ,security1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on ,homeland ,security of the ,house of ,representatives the review required under paragraph 7#b74 #caf4 ,strategy to secure email 7a7 ,in general ,not later than ,december #ca1 #bjba1 the ,secretary of ,homeland ,security shall develop and submit to ,congress a strategy1 including recommendations1 to implement across all ,united ,states-based email providers ,domain-based ,message ,authentication1 ,reporting1 and ,conformance standard at scale4 7b7 ,elements ,the strategy required under subsection 7a7 shall include the following3 7#a7 ,a recommendation for the minimum size threshold for ,united ,states-based email providers for applicability of ,domain-based ,message ,authentication1 ,reporting1 and ,conformance4 7#b7 ,a description of the security and privacy benefits of implementing the ,domain-based ,message ,authentication1 ,reporting1 and ,conformance standard at scale1 including recommendations for national security exemptions1 as appropriate1 as well as the burdens of such implementation and an identification of the entities on which such burdens would most likely fall4 7#c7 ,an identification of key ,united ,states and international stakeholders associated with such implementation4 7#d7 ,an identification of any barriers to such implementing1 including a cost-benefit analysis where feasible4 7#e7 ,an initial estimate of the total cost to the ,federal ,government and implementing entities in the private sector of such implementing1 including recommendations for defraying such costs1 if applicable4 7c7 ,consultation ,in developing the strategies and recommendations under subsection 7a71 the ,secretary of ,homeland ,security may1 as appropriate1 consult with representatives from the information technology sector4 7d7 ,exemption ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to this section or to any action to implement this section4 7e7 ,definition ,in this section1 the term ,domain-based ,message ,authentication1 ,reporting1 and ,conformance means an email authentication1 policy1 and reporting protocol that verifies the authenticity of the sender of an email and blocks and reports to the sender fraudulent accounts4 #cag4 ,strengthening ,federal networks 7a7 ,authority ,section #ceec7;b7 of title #dd1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#f77;,d71 by striking 2 and at the end and inserting a semicolon2 7#b7 by redesignating paragraph 7#g7 as paragraph 7#h72 and 7#c7 by inserting after paragraph 7#f7 the following new paragraph3 7#g7 hunting for and identifying1 with or without advance notice1 threats and vulnerabilities within ,federal information systems2 and 4 7b7 ,binding operational directive ,not later than #a year after the date of the enactment of this section1 the ,secretary of ,homeland ,security shall issue a binding operational directive pursuant to subsection 7b77#b7 of section #ceec of title #dd1 ,united ,states ,code1 to implement paragraph 7#g7 of section #ceec7;b7 of title #dd1 ,united ,states ,code1 as added by subsection 7a74 #cah4 ,authorization of appropriations ,for necessary expenses of the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security1 including to carry out this title and the amendments made by this title1 there is authorized to be appropriated to the ,agency the following3 7#a7 #b1djj1jjj1jjj for fiscal year #bjba4 7#b7 #b1hjj1jjj1jjj for fiscal year #bjbb4 ,,iv ,border and ,visa ,security #dja4 ,additional ,u4,s4 ,customs and ,border ,protection agents and officers 7a7 ,u4,s4 ,border ,patrol agents and processing coordinators ,not later than ,september #cj1 #bjbd1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall hire1 train1 and assign sufficient ,u4,s4 ,border ,patrol personnel to maintain an active duty presence of not fewer than #bf1cgj full-time equivalent agents and not fewer than #a1bjj processing coordinators4 7b7 ,,cbp officers ,not later than ,september #cj1 #bjbd1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall hire1 train1 and assign sufficient ,u4,s4 ,customs and ,border ,protection officers to maintain an active duty presence of not fewer than #bg1gbe full-time equivalent officers4 7c7 ,air and ,marine ,operations ,not later than ,september #cj1 #bjbd1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall hire1 train1 and assign sufficient agents for ,air and ,marine ,operations of ,u4,s4 ,customs and ,border ,protection to maintain not fewer than #a1fge full-time equivalent agents and not fewer than #bfd ,marine and ,air ,interdiction ,agents for southern border air and maritime operations4 7d7 ,professional support staff ,not later than ,september #cj1 #bjbd1 the ,secretary of ,homeland ,security shall hire1 train1 and assign sufficient professional support staff for the recruitment1 hiring1 training1 and maintenance of the personnel authorized under subsections 7a7 through 7c74 7e7 ,,gao report ,if the staffing levels required under this section are not achieved by ,september #cj1 #bjbd1 the ,comptroller ,general of the ,united ,states shall conduct a review of the reasons why such levels were not achieved4 7f7 ,authorization of appropriations ,there is authorized to be appropriated #a1bej1jjj1jjj for each of fiscal years #bjba through #bjbd to carry out subsection 7a7 though 7d74 #djb4 ,establishment of workload staffing models for ,u4,s4 ,border ,patrol and ,air and ,marine ,operations of ,,cbp 7a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 in coordination with the ,under ,secretary for ,management1 the ,chief ,human ,capital ,officer1 and the ,chief ,financial ,officer of the ,department of ,homeland ,security1 shall implement a workload staffing model for each of the following3 7#a7 ,the ,u4,s4 ,border ,patrol4 7#b7 ,air and ,marine ,operations of ,u4,s4 ,customs and ,border ,protection4 7b7 ,responsibilities of the ,commissioner of ,,cbp ,subsection 7c7 of section #daa of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa71 is amended-- 7#a7 by redesignating paragraphs 7#ah7 and 7#ai7 as paragraphs 7#bj7 and 7#ba71 respectively2 and 7#b7 by inserting after paragraph 7#ag7 the following new paragraphs3 7#ah7 implement a staffing model that includes consideration for essential frontline operator activities and functions1 variations in operating environments1 present and planned infrastructure1 present and planned technology1 and required operations support levels for the ,u4,s4 ,border ,patrol1 ,air and ,marine ,operations1 and the ,office of ,field ,operations1 to manage and assign personnel of such entities to ensure field and support posts possess adequate resources to carry out duties specified in this section2 7#ai7 develop standard operating procedures for a workforce tracking system within the ,u4,s4 ,border ,patrol1 ,air and ,marine ,operations1 and the ,office of ,field ,operations1 train the workforce of each of such entities on the use1 capabilities1 and purpose of such system1 and implement internal controls to ensure timely and accurate scheduling and reporting of actual completed work hours and activities2 4 7c7 ,report ,not later than one year after the date of the enactment of this ,act with respect to subsection 7a7 and paragraphs 7#ah7 and 7#ai7 of section #daa7;c7 of the ,homeland ,security ,act of #bjjb 7as amended by subsection 7b771 and annually thereafter with respect to such paragraphs 7#ah7 and 7#ai71 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a status update on the implementation of such subsection 7a7 and such paragraphs 7#ah7 and 7#ai71 and status updates on such paragraphs 7#ah7 and 7#ai71 as well as all relevant workload staffing models4 ,such status updates shall include information on data sources and methodology used to generate such staffing models4 7d7 ,inspector ,general review ,not later than #abj days after the ,commissioner of ,u4,s4 ,customs and ,border ,protection develops a workload staffing model pursuant to subsection 7a71 the ,inspector ,general of the ,department of ,homeland ,security shall review such model and provide feedback to the ,secretary of ,homeland ,security and the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate regarding the degree to which such model is responsive to ,inspector ,general recommendations1 including recommendations from the ,inspector ,general's ,february #bjai audit1 and as appropriate1 any further recommendations to improve such model4 #djc4 ,u4,s4 ,customs and ,border ,protection retention incentives 7a7 ,in general ,chapter #ig of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #igjb4 ,u4,s4 ,customs and ,border ,protection temporary employment authorities 7a7 ,definitions ,in this section-- 7#a7 the term ,,cbp employee means an employee of ,u4,s4 ,customs and ,border ,protection2 7#b7 the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection2 7#c7 the term ,director means the ,director of the ,office of ,personnel ,management2 7#d7 the term ,secretary means the ,secretary of ,homeland ,security2 and 7#e7 the term appropriate congressional committees means the ,committee on ,oversight and ,reform1 the ,committee on ,homeland ,security1 and the ,committee on ,ways and ,means of the ,house of ,representatives1 and the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,finance of the ,senate4 7b7 ,direct hire authority2 recruitment and relocation bonuses2 retention bonuses 7#a7 ,direct hire authority ,the ,secretary may appoint1 without regard to sections #ccji through #ccai1 candidates to positions in the competitive service within ,u4,s4 ,customs and ,border ,protection if the ,secretary has given public notice of such positions before making any such appointment4 7#b7 ,recruitment and relocation bonuses ,the ,secretary may pay a recruitment or relocation bonus of up to #ej percent of the annual rate of basic pay to an individual ,,cbp employee as of the first day of the applicable service period 7as prescribed by a written service agreement described in subparagraph 7,b77 multiplied by the number of years 7including a fractional part of a year7 in the service period if-- 7,a7 the ,secretary determines that conditions consistent with the conditions described in paragraphs 7#a7 and 7#b7 of subsection 7b7 of section #egec are satisfied with respect to the individual 7without regard to the regulations referenced in subsection 7b77#b77;,b77ii77,i772 and 7,b7 the individual enters into a written service agreement with the ,secretary-- 7i7 under which the individual is required to complete a period of employment as a ,,cbp employee of not less than #b years2 and 7ii7 that includes-- 7,i7 the commencement and termination dates of the required service period 7or provisions for the determination thereof72 7,,ii7 the amount of the bonus2 and 7,,iii7 other terms and conditions under which the bonus is payable1 subject to the requirements of this subsection1 including-- 7aa7 the conditions under which the agreement may be terminated before the agreed-upon service period has been completed2 and 7bb7 the effect of a termination described in item 7aa74 7#c7 ,retention bonuses ,the ,secretary may pay a retention bonus of up to #ej percent of the annual rate of basic pay to an individual ,,cbp employee if-- 7,a7 the ,secretary determines that-- 7i7 a condition consistent with the condition described in subsection 7b77#a7 of section #eged is satisfied with respect to the ,,cbp employee2 and 7ii7 in the absence of a retention bonus1 the ,,cbp employee would be likely to leave-- 7,i7 the ,federal service2 or 7,,ii7 for a different position in the ,federal service1 including a position in another agency or component of the ,department of ,homeland ,security2 and 7,b7 the ,,cbp employee enters into a written service agreement with the ,secretary-- 7i7 under which the employee is required to complete a period of employment as a ,,cbp employee of not less than #b years2 and 7ii7 that includes-- 7,i7 the commencement and termination dates of the required service period 7or provisions for the determination thereof72 7,,ii7 the amount of the bonus2 and 7,,iii7 other terms and conditions under which the bonus is payable1 subject to the requirements of this subsection1 including-- 7aa7 the conditions under which the agreement may be terminated before the agreed-upon service period has been completed2 and 7bb7 the effect of a termination described in item 7aa74 7#d7 ,rules for bonuses 7,a7 ,maximum bonus limitations 7i7 ,under paragraph 7#b7 ,a ,,cbp employee may not receive a total amount of bonuses under paragraph 7#b7 in excess of #ajj percent of the annual rate of basic pay of the employee as of the first day of the applicable service period4 7ii7 ,under paragraph 7#c7 ,a bonus paid to any ,,cbp employee under paragraph 7#c7 may not exceed #ej percent of the annual rate of basic pay of the employee4 7,b7 ,relationship to basic pay ,a bonus paid under paragraph 7#b7 or 7#c7 shall not be considered part of the basic pay of the ,,cbp employee for any purpose1 including for retirement or in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section #eeea or section #eeeb4 7,c7 ,period of service for recruitment1 relocation1 and retention bonuses 7i7 ,restriction ,a bonus paid under paragraph 7#c7 may not be based on any period of such service which is the basis for a recruitment or relocation bonus under paragraph 7#b74 7ii7 ,further restriction ,a bonus paid under paragraph 7#b7 or 7#c7 may not be based on any period of service which is the basis for a recruitment or relocation bonus under section #egec or a retention bonus under section #eged4 7,d7 ,limitations ,no bonus may be paid-- 7i7 under paragraph 7#b7 to any individual described in section #egec7;a77#b72 or 7ii7 under paragraph 7#c7 to any individual described in section #eged7;a77#b74 7c7 ,special rates of pay ,in addition to the circumstances described in subsection 7b7 of section #ecje1 the ,director of the ,office of ,personnel ,management may establish special rates of pay in accordance with that section to assist the ,secretary in meeting staffing levels as described in section #dja4 ,the ,director shall prioritize the consideration of requests from the ,secretary for such special rates of pay and issue a decision as soon as practicable4 ,the ,secretary shall provide such information to the ,director as the ,director deems necessary to evaluate special rates of pay under this subsection4 7d7 ,,opm oversight 7#a7 ,in general ,not later than ,september #cj of each year that the authorities under subsections 7b7 and 7c7 are in effect1 the ,secretary shall provide a report to the ,director on ,u4,s4 ,customs and ,border ,protection's use of such authorities4 ,in each report1 the ,secretary shall provide such information as the ,director determines is appropriate to ensure appropriate use of authorities under such subsections4 ,each report shall also include an assessment of-- 7,a7 the impact of the use of authorities under subsections 7b7 and 7c7 on implementation of meeting staffing levels as described in section #dja2 7,b7 whether the authorities solved hiring and retention challenges at the agency1 including at specific locations2 7,c7 whether hiring and retention challenges still exist at the agency or specific locations2 and 7,d7 whether the ,secretary needs to continue to use authorities provided under this section at the agency or at specific locations4 7#b7 ,consideration ,in compiling a report under paragraph 7#a71 the ,secretary shall consider-- 7,a7 whether any ,,cbp employee accepted an employment incentive under subsections 7b7 and 7c7 and then transferred to a new location or left ,u4,s4 ,customs and ,border ,protection2 and 7,b7 the length of time that each employee identified under subparagraph 7,a7 stayed at the original location before transferring to a new location or leaving ,u4,s4 ,customs and ,border ,protection4 7#c7 ,submission to ,congress ,in addition to the ,director1 the ,secretary shall submit each report required under this subsection to the appropriate congressional committees4 7e7 ,,opm action 7#a7 ,notification ,if the ,director determines the ,secretary has inappropriately used authorities under subsection 7b7 or 7c71 the ,director shall notify the ,secretary and the appropriate congressional committees in writing4 7#b7 ,prohibition ,upon receipt of a notification under paragraph 7#a71 the ,secretary may not make any new appointment or issue any new bonus under subsection 7b71 or provide any ,,cbp employee with further special rates of pay1 until the ,director has provided the ,secretary and the appropriate congressional committees a written notice stating the ,director is satisfied safeguards are in place to prevent further inappropriate use4 7#c7 ,application ,the prohibition under paragraph 7#b7 shall not apply to any bonus under subsection 7b7 due to a ,,cbp employee pursuant to a written service agreement entered into before the date of receipt of a notification under such paragraph4 7f7 ,improving ,,cbp hiring and retention 7#a7 ,training of ,,cbp hiring officials ,not later than #ahj days after the date of the enactment of this section1 and in conjunction with the ,chief ,human ,capital ,officer of the ,department of ,homeland ,security1 the ,secretary shall develop and implement a strategy to improve the training regarding hiring and human resources flexibilities 7including hiring and human resources flexibilities for locations in rural or remote areas7 for all employees1 serving in agency headquarters or field offices1 who are involved in the recruitment1 hiring1 assessment1 or selection of candidates for locations in a rural or remote area1 as well as the retention of current employees4 7#b7 ,elements ,elements of the strategy under paragraph 7#a7 shall include the following3 7,a7 ,developing or updating training and educational materials on hiring and human resources flexibilities for employees who are involved in the recruitment1 hiring1 assessment1 or selection of candidates1 as well as the retention of current employees4 7,b7 ,regular training sessions for personnel who are critical to filling open positions in rural or remote areas4 7,c7 ,the development of pilot programs or other programs1 as appropriate1 consistent with authorities provided to the ,secretary to address identified hiring challenges1 including in rural or remote areas4 7,d7 ,developing and enhancing strategic recruiting efforts through the relationships with institutions of higher education1 as defined in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb71 veterans transition and employment centers1 and job placement program in regions that could assist in filling positions in rural or remote areas4 7,e7 ,examination of existing agency programs on how to most effectively aid spouses and families of individuals who are candidates or new hires in a rural or remote area4 7,f7 ,feedback from individuals who are candidates or new hires at locations in a rural or remote area1 including feedback on the quality of life in rural or remote areas for new hires and their families4 7,g7 ,feedback from ,,cbp employees1 other than new hires1 who are stationed at locations in a rural or remote area1 including feedback on the quality of life in rural or remote areas for those ,,cbp employees and their families4 7,h7 ,feedback in the form of an exit interview from ,,cbp employees who have decided to voluntarily leave the agency4 7,i7 ,evaluation of ,department of ,homeland ,security internship programs and the usefulness of those programs in improving hiring by the ,secretary in rural or remote areas4 7#c7 ,evaluation 7,a7 ,in general ,not later than one year after developing and implementing the strategy under paragraph 7#a7 and each of the four years thereafter1 the ,secretary shall-- 7i7 evaluate the extent to which the strategy developed and implemented under such paragraph has improved the hiring and retention ability of the ,secretary2 and 7ii7 make any appropriate updates to the strategy under such paragraph4 7,b7 ,information ,the evaluation conducted under subparagraph 7,a7 shall include the following3 7i7 ,any reduction in the time taken by the ,secretary to fill mission-critical positions1 including in rural or remote areas4 7ii7 ,a general assessment of the impact of the strategy implemented under paragraph 7#a7 on hiring challenges1 including in rural or remote areas4 7iii7 ,other information the ,secretary determines relevant4 7g7 ,inspector general review ,not later than two years after the date of the enactment of this section1 the ,inspector ,general of the ,department of ,homeland ,security shall review the use of hiring and pay flexibilities under subsections 7b7 and 7c7 to determine whether the use of such flexibilities is helping the ,secretary meet hiring and retention needs1 including in rural and remote areas4 7h7 ,report on polygraph requests ,the ,secretary shall report to the appropriate congressional committees on the number of requests the ,secretary receives from any other ,federal agency for the file of an applicant for a position in ,u4,s4 ,customs and ,border ,protection that includes the results of a polygraph examination4 7i7 ,exercise of authority 7#a7 ,sole discretion ,the exercise of authority under subsection 7b7 shall be subject to the sole and exclusive discretion of the ,secretary 7or the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 as applicable under paragraph 7#b7 of this subsection71 notwithstanding chapter #ga and any collective bargaining agreement4 7#b7 ,delegation ,the ,secretary may delegate any authority under this section to the ,commissioner4 7j7 ,rule of construction ,nothing in this section may be construed to exempt the ,secretary or the ,director from applicability of the merit system principles under section #bcja4 7k7 ,sunset ,the authorities under subsections 7b7 and 7c7 shall terminate on ,september #cj1 #bjbd4 ,any bonus to be paid pursuant to subsection 7b7 that is approved before such date may continue until such bonus has been paid1 subject to the conditions specified in this section4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #ig of title #e1 ,united ,states ,code1 is amended by adding at the end the following new item3 #igjb4 ,u4,s4 ,customs and ,border ,protection temporary employment authorities4 4 #djd4 ,study on efficacy of certain personnel screening methods for ,u4,s4 ,customs and ,border ,protection use 7a7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall enter into an agreement with the ,national ,academy of ,sciences to conduct a study on the efficacy of certain personnel screening methods for ,u4,s4 ,customs and ,border ,protection use4 ,such study shall include the following3 7#a7 ,a review of the appropriateness of the use of polygraph examinations in determining candidate suitability during the ,u4,s4 ,customs and ,border ,protection hiring process4 7#b7 ,a cost-benefit analysis of using polygraph examinations for candidate suitability during the ,u4,s4 ,customs and ,border ,protection hiring process4 7#c7 ,a review of research related to alternatives to polygraph examinations appropriate for use during the ,u4,s4 ,customs and ,border ,protection hiring process4 7b7 ,matters included ,the study required under subsection 7a7 shall-- 7#a7 assess prior scientific1 academic1 and government literature on the topics described in such subsection2 7#b7 identify and examine assumptions about polygraph examinations that underlie the polygraph mandate under the ,anti-,border ,corruption ,act of #bjaj 7,public ,law #aaa-cgf72 and 7#c7 provide specific recommendations related to-- 7,a7 the future use of such polygraph examinations1 including a consideration of whether such polygraph mandate aligns with current scientific evidence and offers a reliable indication of future susceptibility to corruption2 and 7,b7 the appropriate alternative mechanisms or technology1 including private sector tools1 that could be used during the ,u4,s4 ,customs and ,border ,protection hiring process to pre-screen for susceptibility to corruption2 and 7#d7 provide any other recommendations the ,secretary of ,homeland ,secretary determines relevant4 7c7 ,submission ,not later than one year after the date of the enactment of this ,act1 the ,secretary of the ,homeland ,security shall submit to the appropriate congressional committees the study required under subsection 7a74 7d7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7#b7 ,polygraph examinations ,the term polygraph examinations means polygraph examinations conducted in accordance with section #c7a7 of the ,anti-,border ,corruption ,act of #bjaj4 #dje4 ,hiring flexibility ,section #c of the ,anti-,border ,corruption ,act of #bjaj 7,public ,law #aaa-cgf2 #f ,u4,s4,c4 #bba7 is amended by striking subsection 7b7 and inserting the following new subsections3 7b7 ,waiver authority ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection may waive the application of subsection 7a77#a7 in the following circumstances3 7#a7 ,in the case of a current1 full-time law enforcement officer employed by a ,state or local law enforcement agency1 if such officer-- 7,a7 has served as a law enforcement officer for not fewer than three years with no break in service2 7,b7 is authorized by law to engage in or supervise the prevention1 detection1 investigation1 or prosecution of1 or the incarceration of any person for1 any violation of law1 and has statutory powers for arrest or apprehension2 7,c7 is not currently under investigation1 has not been found to have engaged in criminal activity or serious misconduct1 has not resigned from a law enforcement officer position under investigation or in lieu of termination1 and has not been dismissed from a law enforcement officer position2 and 7,d7 has1 within the past ten years1 successfully completed a polygraph examination1 described in subsection 7c71 as a condition of employment with such officer's current law enforcement agency4 7#b7 ,in the case of a current1 full-time law enforcement officer employed by a ,federal law enforcement agency1 if such officer-- 7,a7 has served as a law enforcement officer for not fewer than three years with no break in service2 7,b7 has authority to make arrests1 conduct investigations1 conduct searches1 make seizures1 carry firearms1 and serve orders1 warrants1 and other processes2 7,c7 is not currently under investigation1 has not been found to have engaged in criminal activity or serious misconduct1 has not resigned from a law enforcement officer position under investigation or in lieu of termination1 and has not been dismissed from a law enforcement officer position2 and 7,d7 holds a current background investigation to the level required for service as a law enforcement officer with ,u4,s4 ,customs and ,border ,protection4 7#c7 ,in the case of an individual who is a member of the ,armed ,forces 7or a reserve component thereof7 or a veteran1 if such individual-- 7,a7 has served in the ,armed ,forces for not fewer than three years2 7,b7 holds1 or has held within the past five years1 a ,secret1 ,top ,secret1 or ,top ,secret_/,sensitive ,compartmented ,information clearance2 7,c7 holds or has undergone and passed a background investigation to the level required for service as a law enforcement officer with ,u4,s4 ,customs and ,border ,protection2 7,d7 received1 or is eligible to receive1 an honorable discharge from service in the ,armed ,forces and has not engaged in criminal activity or committed a serious military or civil offense under the ,uniform ,code of ,military ,justice2 and 7,e7 was not granted any waivers to obtain the clearance referred to subparagraph 7,b74 7c7 ,certain polygraph examination ,a polygraph examination described in this subsection is a polygraph examination that satisfies requirements established by the ,secretary of ,homeland ,security1 in consultation with the ,director of ,national ,intelligence4 7d7 ,termination of waiver authority ,the authority to issue a waiver under subsection 7b7 shall terminate on the date that is five years after the date of the enactment of the ,anti-,border ,corruption ,reauthorization ,act of #bjai4 4 #djf4 ,supplemental commissioner authority and definitions 7a7 ,supplemental commissioner authority ,section #d of the ,anti-,border ,corruption ,act of #bjaj 7,public ,law #aaa-cgf7 is amended to read as follows3 #d4 ,supplemental commissioner authority 7a7 ,non-,exemption ,an individual who receives a waiver under subsection 7b7 of section #c shall not be exempt from other hiring requirements relating to suitability for employment and eligibility to hold a national security designated position1 as determined by the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7b7 ,background investigations ,any individual who receives a waiver under subsection 7b7 of section #c who holds a current background investigation may be subject to further background investigation to the level required for service as a law enforcement officer with ,u4,s4 ,customs and ,border ,protection4 7c7 ,continuous evaluation ,any individual who receives a waiver under subsection 7b7 of section #c shall not be exempt from any requirement relating to continuous evaluation established by the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7d7 ,administration of polygraph examination ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection is authorized to administer a polygraph examination to an applicant or employee who is eligible for or receives a waiver under subsection 7b7 of section #c if information is discovered prior to the completion of a background investigation that results in a determination that a polygraph examination is necessary to make a final determination regarding suitability for employment or continued employment1 as the case may be4 4 7b7 ,report ,the ,anti-,border ,corruption ,act of #bjaj is amended by adding at the end the following new section3 #e4 ,reporting ,not later than one year after the date of the enactment of this section and every year for the next four years thereafter1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall provide the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate information on the number1 disaggregated with respect to each of paragraphs 7#a71 7#b71 and 7#c7 of subsection 7b7 of section #c1 of waivers requested1 granted1 and denied1 and the reasons for any such denial1 and the final outcome of the application for employment at issue4 ,such information shall also include the number of instances a polygraph examination was administered under the conditions described in subsection 7d7 of section #d1 the result of such examination1 and the final outcome of the application for employment at issue4 4 7c7 ,definitions ,the ,anti-,border ,corruption ,act of #bjaj1 as amended by subsection 7b7 of this section1 is further amended by adding at the end the following new section3 #f4 ,definitions ,in this ,act3 7#a7 ,law enforcement officer ,the term law enforcement officer has the meaning given such term in sections #hcca7bj7 and #hdja7ag7 of title #e1 ,united ,states ,code4 7#b7 ,veteran ,the term veteran has the meaning given such term in section #aja7b7 of title #ch1 ,united ,states ,code4 7#c7 ,serious military or civil offense ,the term serious military or civil offense means an offense for which-- 7,a7 a member of the ,armed ,forces may be discharged or separated from service in the ,armed ,forces2 and 7,b7 a punitive discharge is1 or would be1 authorized for the same or a closely related offense under the ,manual for ,court-,martial1 as pursuant to ,army ,regulation #fce-bjj chapter #ad-ab4 4 #djg4 ,technical and conforming amendment ,paragraph 7#ae7 of section #daa7;c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7;c77 is amended by striking section #c7a7 and inserting section #c4 #djh4 ,ports of entry infrastructure 7a7 ,additional ports of entry 7#a7 ,authority ,the ,administrator of ,general ,services may1 subject to section #ccjg of title #dj1 ,united ,states ,code1 construct new ports of entry along the northern border and southern border at locations determined by the ,secretary of ,homeland ,security4 7#b7 ,consultation 7,a7 ,requirement to consult ,the ,secretary of ,homeland ,security and the ,administrator of ,general ,services shall consult with the ,secretary of ,state1 the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,secretary of ,transportation1 and appropriate representatives of ,state and local governments1 ,tribes1 and property owners in the ,united ,states prior to determining a location for any new port of entry constructed pursuant to paragraph 7#a74 7,b7 ,considerations ,the purpose of the consultations required by subparagraph 7,a7 shall be to minimize any negative impacts of constructing a new port of entry on the environment1 culture1 commerce1 and quality of life of the communities and residents located near such new port4 7b7 ,expansion and modernization of high-,priority southern border ports of entry ,not later than ,september #cj1 #bjbe1 the ,administrator of ,general ,services1 subject to section #ccjg of title #dj1 ,united ,states ,code1 and in coordination with the ,secretary of ,homeland ,security1 shall expand or modernize high-priority ports of entry on the southern border1 as determined by the ,secretary and identified in section #dcj1 for the purposes of reducing wait times and enhancing security4 7c7 ,port of entry prioritization ,prior to constructing any new ports of entry pursuant to subsection 7a71 the ,administrator of ,general ,services shall complete the expansion and modernization of ports of entry pursuant to subsection 7b7 to the extent practicable4 7d7 ,notifications 7#a7 ,relating to new ports of entry ,not later than #ae days after determining the location of any new port of entry for construction pursuant to subsection 7a71 the ,secretary of ,homeland ,security and the ,administrator of ,general ,services shall jointly notify the ,members of ,congress who represent the ,state or congressional district in which such new port of entry will be located1 as well as the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,finance1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on the ,judiciary of the ,senate1 and the ,committee on ,homeland ,security1 the ,committee on ,ways and ,means1 the ,committee on ,transportation and ,infrastructure1 and the ,committee on the ,judiciary of the ,house of ,representatives4 ,such notification shall include information relating to the location of such new port of entry1 a description of the need for such new port of entry and associated anticipated benefits1 a description of the consultations undertaken by the ,secretary and the ,administrator pursuant to paragraph 7#b7 of such subsection1 any actions that will be taken to minimize negative impacts of such new port of entry1 and the anticipated time-line for construction and completion of such new port of entry4 7#b7 ,relating to expansion and modernization of ports of entry ,not later than #ahj days after enactment of this ,act1 the ,secretary of ,homeland ,security and the ,administrator of ,general ,services shall jointly notify the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,finance1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on the ,judiciary of the ,senate1 and the ,committee on ,homeland ,security1 the ,committee on ,ways and ,means1 the ,committee on ,transportation and ,infrastructure1 and the ,committee on the ,judiciary of the ,house of ,representatives of the ports of entry on the southern border that are the subject of expansion or modernization pursuant to subsection 7b7 and the ,secretary's and ,administrator's plan for expanding or modernizing each such port of entry4 7e7 ,savings provision ,nothing in this section may be construed to-- 7#a7 create or negate any right of action for a ,state1 local government1 or other person or entity affected by this section2 7#b7 delay the transfer of the possession of property to the ,united ,states or affect the validity of any property acquisitions by purchase or eminent domain1 or to otherwise affect the eminent domain laws of the ,united ,states or of any ,state2 or 7#c7 create any right or liability for any party4 7f7 ,rule of construction ,nothing in this section may be construed as providing the ,secretary of ,homeland ,security new authority related to the construction1 acquisition1 or renovation of real property4 #dji4 ,u4,s4 ,customs and ,border ,protection technology upgrades 7a7 ,secure communications ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall ensure that each ,u4,s4 ,customs and ,border ,protection officer or agent1 if appropriate1 is equipped with a secure radio or other two-way communication device1 supported by system interoperability1 that allows each such officer to communicate-- 7#a7 between ports of entry and inspection stations2 and 7#b7 with other ,federal1 ,state1 ,tribal1 and local law enforcement entities4 7b7 ,border security deployment program 7#a7 ,expansion ,not later than ,september #cj1 #bjbc1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall fully implement the ,border ,security ,deployment ,program of ,u4,s4 ,customs and ,border ,protection and expand the integrated surveillance and intrusion detection system at land ports of entry along the southern border and the northern border4 7#b7 ,authorization of appropriations ,in addition to amounts otherwise authorized to be appropriated for such purpose1 there is authorized to be appropriated #cc1jjj1jjj for fiscal years #bjba and #bjbb to carry out paragraph 7#a74 7c7 ,upgrade of license plate readers at ports of entry 7#a7 ,upgrade ,not later than two years after the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall upgrade all existing license plate readers in need of upgrade1 as determined by the ,commissioner1 on the northern and southern borders on incoming and outgoing vehicle lanes4 7#b7 ,authorization of appropriations ,in addition to amounts otherwise authorized to be appropriated for such purpose1 there is authorized to be appropriated #abe1jjj1jjj for fiscal years #bjba through #bjbb to carry out paragraph 7#a74 7d7 ,biometric entry-,exit 7#a7 ,in general ,subtitle ,b of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa et seq47 is amended by adding at the end the following new section3 #dbj4 ,biometric entry-exit 7a7 ,establishment ,the ,secretary shall-- 7#a7 not later than #ahj days after the date of the enactment of this section1 submit to the ,committee on ,homeland ,security and the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on the ,judiciary of the ,senate an implementation plan to establish a biometric exit data system to complete the integrated biometric entry and exit data system required under section #gbjh of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#h ,u4,s4,c4 #acfe;b71 including-- 7,a7 an integrated master schedule and cost estimate1 including requirements and design1 development1 operational1 and maintenance costs of such a system1 that takes into account prior reports on such matters issued by the ,government ,accountability ,office and the ,department2 7,b7 cost-effective staffing and personnel requirements of such a system that leverages existing resources of the ,department that takes into account prior reports on such matters issued by the ,government ,accountability ,office and the ,department2 7,c7 a consideration of training programs necessary to establish such a system that takes into account prior reports on such matters issued by the ,government ,accountability ,office and the ,department2 7,d7 a consideration of how such a system will affect arrival and departure wait times that takes into account prior reports on such matter issued by the ,government ,accountability ,office and the ,department2 7,e7 a consideration of audit capability for systems procured in partnership with the private sector to achieve biometric exit2 7,f7 information received after consultation with private sector stakeholders1 including the-- 7i7 trucking industry2 7ii7 airport industry2 7iii7 airline industry2 7iv7 seaport industry2 7v7 travel industry2 and 7vi7 biometric technology industry2 7,g7 a consideration of how trusted traveler programs in existence as of the date of the enactment of this section may be impacted by1 or incorporated into1 such a system2 7,h7 defined metrics of success and milestones2 7,i7 identified risks and mitigation strategies to address such risks2 7,j7 a consideration of how other countries have implemented a biometric exit data system2 7,k7 a consideration of stakeholder privacy concerns2 and 7,l7 a list of statutory1 regulatory1 or administrative authorities1 if any1 needed to integrate such a system into the operations of the ,transportation ,security ,administration2 and 7#b7 not later than two years after the date of the enactment of this section1 establish a biometric exit data system at the-- 7,a7 #ae ,united ,states airports that support the highest volume of international air travel1 as determined by available ,federal flight data2 7,b7 #aj ,united ,states seaports that support the highest volume of international sea travel1 as determined by available ,federal travel data2 and 7,c7 #ae ,united ,states land ports of entry that support the highest volume of vehicle1 pedestrian1 and cargo crossings1 as determined by available ,federal border crossing data4 7b7 ,implementation 7#a7 ,pilot program at land ports of entry ,not later than six months after the date of the enactment of this section1 the ,secretary1 in collaboration with industry stakeholders1 shall establish a six-month pilot program to test the biometric exit data system referred to in subsection 7a77#b7 on non-pedestrian outbound traffic at not fewer than three land ports of entry with significant cross-border traffic1 including at not fewer than two land ports of entry on the southern land border and at least one land port of entry on the northern land border4 ,such pilot program may include a consideration of more than one biometric mode1 and shall be implemented to determine the following3 7,a7 ,how a nationwide implementation of such biometric exit data system at land ports of entry shall be carried out4 7,b7 ,the infrastructure required to carry out subparagraph 7,a74 7,c7 ,the effects of such pilot program on legitimate travel and trade4 7,d7 ,the effects of such pilot program on wait times1 including processing times1 for such non-pedestrian traffic4 7,e7 ,the effects of such pilot program on combating terrorism4 7,f7 ,the effects of such pilot program on identifying visa holders who violate the terms of their visas4 7#b7 ,at land ports of entry 7,a7 ,in general ,not later than five years after the date of the enactment of this section1 the ,secretary shall expand the biometric exit data system referred to in subsection 7a77#b7 to all land ports of entry4 7,b7 ,extension ,the ,secretary may extend for a single two-year period the date specified in subparagraph 7,a7 if the ,secretary certifies to the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on the ,judiciary of the ,senate and the ,committee on ,homeland ,security and the ,committee on the ,judiciary of the ,house of ,representatives that the #ae land ports of entry that support the highest volume of passenger vehicles1 as determined by available ,federal data1 do not have the physical infrastructure or characteristics to install the systems necessary to implement a biometric exit data system4 ,such extension shall apply only in the case of non-pedestrian outbound traffic at such land ports of entry4 7#c7 ,at air and sea ports of entry ,not later than five years after the date of the enactment of this section1 the ,secretary shall expand the biometric exit data system referred to in subsection 7a77#b7 to all air and sea ports of entry4 7c7 ,effects on air1 sea1 and land transportation ,the ,secretary1 in consultation with appropriate private sector stakeholders1 shall ensure that the collection of biometric data under this section causes the least possible disruption to the movement of people or cargo in air1 sea1 or land transportation1 while fulfilling the goals of improving counterterrorism efforts and identifying visa holders who violate the terms of their visas4 7d7 ,termination of proceeding ,notwithstanding any other provision of law1 the ,secretary shall1 on the date of the enactment of this section1 terminate the proceeding entitled ,collection of ,alien ,biometric ,data ,upon ,exit ,from the ,united ,states at ,air and ,sea ,ports of ,departure2 ,united ,states ,visitor and ,immigrant ,status ,indicator ,technology ,program 7,,us-,,visit71 issued on ,april #bd1 #bjjh 7#gc ,fed4 ,reg4 #bbjfe74 7e7 ,data-,matching ,the biometric exit data system established under this section shall-- 7#a7 match biometric information for an individual1 regardless of nationality1 citizenship1 or immigration status1 who is departing the ,united ,states against biometric data previously provided to the ,united ,states ,government by such individual for the purposes of international travel2 7#b7 leverage the infrastructure and databases of the current biometric entry and exit system established pursuant to section #gbjh of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#h ,u4,s4,c4 #acfe;b7 for the purpose described in paragraph 7#a72 and 7#c7 be interoperable with1 and allow matching against1 other ,federal databases that-- 7,a7 store biometrics of known or suspected terrorists2 and 7,b7 identify visa holders who violate the terms of their visas4 7f7 ,scope 7#a7 ,in general ,the biometric exit data system established under this section shall include a requirement for the collection of biometric exit data at the time of departure for all categories of individuals who are required by the ,secretary to provide biometric entry data4 7#b7 ,exception for certain other individuals ,this section shall not apply in the case of an individual who exits and then enters the ,united ,states on a passenger vessel 7as such term is defined in section #baja of title #df1 ,united ,states ,code7 the itinerary of which originates and terminates in the ,united ,states4 7#c7 ,exception for land ports of entry ,this section shall not apply in the case of a ,united ,states or ,canadian citizen who exits the ,united ,states through a land port of entry4 7g7 ,collection of data ,the ,secretary may not require any non-,federal person to collect biometric data1 or contribute to the costs of collecting or administering the biometric exit data system established under this section1 except through a mutual agreement4 7h7 ,multi-,modal collection ,in carrying out subsections 7a77#a7 and 7b71 the ,secretary shall make every effort to collect biometric data using multiple modes of biometrics4 7i7 ,facilities ,all facilities at which the biometric exit data system established under this section is implemented shall provide and maintain space for ,federal use that is adequate to support biometric data collection and other inspection-related activity4 ,for non-federally owned facilities1 such space shall be provided and maintained at no cost to the ,government4 ,for all facilities at land ports of entry1 such space requirements shall be coordinated with the ,administrator of ,general ,services4 7j7 ,northern land border ,in the case of the northern land border1 the requirements under subsections 7a77#b77;,c71 7b77#b77;,a71 and 7b77#d7 may be achieved through the sharing of biometric data provided to the ,department by the ,canadian ,border ,services ,agency pursuant to the #bjaa ,beyond the ,border agreement4 7k7 ,full and open competition ,the ,secretary shall procure goods and services to implement this section through full and open competition in accordance with the ,federal ,acquisition ,regulations4 7l7 ,other biometric initiatives ,nothing in this section may be construed as limiting the authority of the ,secretary to collect biometric information in circumstances other than as specified in this section4 7m7 ,congressional review ,not later than #ij days after the date of the enactment of this section1 the ,secretary shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,house of ,representatives reports and recommendations regarding the ,science and ,technology ,directorate's ,air ,entry and ,exit ,re-,engineering ,program of the ,department and the ,u4,s4 ,customs and ,border ,protection entry and exit mobility program demonstrations4 7n7 ,savings clause ,nothing in this section may prohibit the collection of user fees permitted by section #acjca of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c74 4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated #ej1jjj1jjj for each of fiscal years #bjba and #bjbb to carry out section #dbj of the ,homeland ,security ,act of #bjjb1 as added by this subsection4 7e7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #dai the following new item3 ,sec4 #dbj4 ,biometric entry-exit4 4 #daj4 ,physical barriers along the southwest border ,section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7,division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #aajc note7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,in general ,the ,secretary of ,homeland ,security shall take such actions as may be necessary 7including the removal of obstacles to detection of illegal entrants7 to design1 test1 construct1 install1 deploy1 integrate1 and operate physical barriers1 tactical infrastructure1 and technology in the vicinity of the ,united ,states border to achieve situational awareness and operational control of the border and deter1 impede1 and detect illegal activity4 2 7#b7 in subsection 7b7-- 7,a7 in the subsection heading1 by striking fencing and road improvements and inserting physical barriers2 7,b7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking subsection 7a7 and inserting this section2 7,,ii7 by striking roads1 lighting1 cameras1 and sensors and inserting tactical infrastructure1 and technology2 and 7,,iii7 by striking gain inserting achieve situational awareness and2 7ii7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,physical barriers and tactical infrastructure 7i7 ,in general ,not later than ,september #cj1 #bjbc1 the ,secretary of ,homeland ,security1 in carrying out this section1 shall deploy along the ,united ,states border the most practical and effective physical barriers and tactical infrastructure available for achieving situational awareness and operational control of the border4 7ii7 ,consideration for certain physical barriers and tactical infrastructure ,the deployment of physical barriers and tactical infrastructure under this subparagraph shall not apply in any area or region along the border where natural terrain features1 natural barriers1 or the remoteness of such area or region would make any such deployment ineffective1 as determined by the ,secretary1 for the purposes of achieving situational awareness or operational control of such area or region4 2 7iii7 in subparagraph 7,c7-- 7,i7 by amending clause 7i7 to read as follows3 7i7 ,in general ,in carrying out this section1 the ,secretary of ,homeland ,security shall consult with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 appropriate representatives of ,federal1 ,state1 local1 and tribal governments1 and appropriate private property owners in the ,united ,states to minimize the impact on the environment1 culture1 commerce1 and quality of life for the communities and residents located near the sites at which such physical barriers are to be constructed4 2 and 7,,ii7 in clause 7ii7-- 7aa7 in subclause 7,i71 by striking or after the semicolon at the end2 7bb7 by amending subclause 7,,ii7 to read as follows3 7,,ii7 delay the transfer of the possession of property to the ,united ,states or affect the validity of any property acquisition by purchase or eminent domain1 or to otherwise affect the eminent domain laws of the ,united ,states or of any ,state2 or 2 and 7cc7 by adding at the end the following new subclause3 7,,iii7 create any right or liability for any party4 2 and 7iv7 by striking subparagraph 7,d72 7,c7 in paragraph 7#b7-- 7i7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 7ii7 by striking this subsection and inserting this section2 and 7iii7 by striking construction of fences and inserting the construction of physical barriers2 7,d7 by amending paragraph 7#c7 to read as follows3 7#c7 ,agent safety ,in carrying out this section1 the ,secretary of ,homeland ,security1 when designing1 constructing1 and deploying physical barriers1 tactical infrastructure1 or technology1 shall incorporate such safety features into such design1 construction1 or deployment of such physical barriers1 tactical infrastructure1 or technology1 as the case may be1 that the ,secretary determines1 in the ,secretary's sole discretion1 are necessary to maximize the safety and effectiveness of officers or agents of the ,department of ,homeland ,security or of any other ,federal agency deployed in the vicinity of such physical barriers1 tactical infrastructure1 or technology4 2 and 7,e7 in paragraph 7#d71 by striking this subsection and inserting this section2 7#c7 in subsection 7c71 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security shall have the authority to waive all legal requirements the ,secretary1 in the ,secretary's sole discretion1 determines necessary to ensure the expeditious design1 testing1 construction1 installation1 deployment1 integration1 and operation of the physical barriers1 tactical infrastructure1 and technology under this section4 ,such waiver authority shall also apply with respect to any maintenance carried out on such physical barriers1 tactical infrastructure1 or technology4 ,any such decision by the ,secretary shall be effective upon publication in the ,federal ,register4 2 and 7#d7 by adding after subsection 7d7 the following new subsections3 7e7 ,technology ,not later than ,september #cj1 #bjbc1 the ,secretary of ,homeland ,security1 in carrying out this section1 shall deploy along the ,united ,states border the most practical and effective technology available for achieving situational awareness and operational control of the border4 7f7 ,definitions ,in this section3 7#a7 ,operational control ,the term operational control has the meaning given such term in section #b7;b7 of the ,secure ,fence ,act of #bjjf 7#h ,u4,s4,c4 #agja note2 ,public ,law #aji-cfg74 7#b7 ,physical barriers ,the term physical barriers includes reinforced fencing1 border wall system1 and levee walls4 7#c7 ,situational awareness ,the term situational awareness has the meaning given such term in section #ajib7;a77#g7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7#f ,u4,s4,c4 #bbc7;a77#g72 ,public ,law #aad-cbh74 7#d7 ,tactical infrastructure ,the term tactical infrastructure includes boat ramps1 access gates1 checkpoints1 lighting1 and roads4 7#e7 ,technology ,the term technology includes border surveillance and detection technology1 including the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,deployable1 lighter-than-air ground surveillance equipment4 7,c7 ,vehicle and ,dismount ,exploitation ,radars 7,,vader74 7,d7 border tunnel detection technology4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,g7 ,unmanned aerial vehicles4 7,h7 ,other border detection1 communications1 and surveillance technology4 7#f7 ,unmanned aerial vehicles ,the term unmanned aerial vehicle has the meaning given the term unmanned aircraft in section #ddhja of the ,,faa ,modernization and ,reform ,act of #bjah 7,public ,law #aae-bed2 #di ,u4,s4,c4 #djaja note74 4 #daa4 ,air and ,marine ,operations flight hours 7a7 ,increased flight hours ,the ,secretary of ,homeland ,security shall ensure that not fewer than #ie1jjj annual flight hours are carried out by ,air and ,marine ,operations of ,u4,s4 ,customs and ,border ,protection4 7b7 ,unmanned aerial system ,the ,secretary of ,homeland ,security1 after coordination with the ,administrator of the ,federal ,aviation ,administration1 shall ensure that ,air and ,marine ,operations operate unmanned aerial systems on the southern border of the ,united ,states for not less than #bd hours per day for #e days per week4 7c7 ,contract air support authorization ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection may contract for the unfulfilled identified air support mission critical hours1 as identified by the ,chief of the ,u4,s4 ,border ,patrol4 7d7 ,primary mission ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall ensure that-- 7#a7 the primary missions for ,air and ,marine ,operations are to directly support ,u4,s4 ,border ,patrol activities along the southern border of the ,united ,states and ,joint ,interagency ,task ,force ,south operations in the transit zone2 and 7#b7 the ,executive ,assistant ,commissioner of ,air and ,marine ,operations assigns the greatest priority to support missions established by the ,commissioner to carry out the requirements under this ,act4 7e7 ,high-,demand flight hour requirements ,in accordance with subsection 7d71 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall ensure that ,u4,s4 ,border ,patrol ,sector ,chiefs-- 7#a7 identify critical flight hour requirements2 and 7#b7 direct ,air and ,marine ,operations to support requests from ,sector ,chiefs as their primary mission4 7f7 ,small unmanned aerial vehicles 7#a7 ,in general ,the ,chief of the ,u4,s4 ,border ,patrol shall be the executive agent for ,u4,s4 ,customs and ,border ,protection's use of small unmanned aerial vehicles for the purpose of meeting the ,u4,s4 ,border ,patrol's unmet flight hour operational requirements and to achieve situational awareness and operational control4 7#b7 ,coordination ,in carrying out paragraph 7#a71 the ,chief of the ,u4,s4 ,border ,patrol shall-- 7,a7 coordinate flight operations with the ,administrator of the ,federal ,aviation ,administration to ensure the safe and efficient operation of the ,national ,airspace ,system2 and 7,b7 coordinate with the ,executive ,assistant ,commissioner for ,air and ,marine ,operations of ,u4,s4 ,customs and ,border ,protection to ensure the safety of other ,u4,s4 ,customs and ,border ,protection aircraft flying in the vicinity of small unmanned aerial vehicles operated by the ,u4,s4 ,border ,patrol4 7#c7 ,conforming amendment ,paragraph 7#c7 of section #daa7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7;e77 is amended-- 7,a7 in subparagraph 7,b71 by striking and after the semicolon at the end2 7,b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,c7 by inserting after subparagraph 7,b7 the following new subparagraph3 7,c7 carry out the small unmanned aerial vehicle requirements pursuant to section #daj7;f7 of the ,,dhs ,authorization ,act of #bjbj2 and 4 7g7 ,saving clause ,nothing in this section shall confer1 transfer1 or delegate to the ,secretary1 the ,commissioner1 the ,executive ,assistant ,commissioner for ,air and ,marine ,operations of ,u4,s4 ,customs and ,border ,protection1 or the ,chief of the ,u4,s4 ,border ,patrol any authority of the ,secretary of ,transportation or the ,administrator of the ,federal ,aviation ,administration relating to the use of airspace or aviation safety4 #dab4 ,amendments to ,u4,s4 ,customs and ,border ,protection 7a7 ,duties ,subsection 7c7 of section #daa of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa71 as amended by this title1 is further amended-- 7#a7 in paragraph 7#bj71 by striking and after the semicolon at the end2 7#b7 by redesignating paragraph 7#ba7 as paragraph 7#bc72 and 7#c7 by inserting after paragraph 7#bj7 the following new paragraphs3 7#ba7 administer the ,u4,s4 ,customs and ,border ,protection public private partnerships under subtitle ,g2 7#bb7 administer preclearance operations under the ,preclearance ,authorization ,act of #bjae 7#ai ,u4,s4,c4 #ddca et seq42 enacted as subtitle ,b of title ,,viii of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae2 #ai ,u4,s4,c4 #dcja et seq472 and 4 7b7 ,office of ,field ,operations staffing ,subparagraph 7,a7 of section #daa7;g77#e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7;g77#e77 is amended by inserting before the period at the end the following3 compared to the number indicated by the current fiscal year work flow staffing model4 7c7 ,implementation plan ,subparagraph 7,b7 of section #had7;e77#a7 of the ,preclearance ,authorization ,act of #bjae 7#ai ,u4,s4,c4 #ddcc7;e77#a72 enacted as subtitle ,b of title ,,viii of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae2 #ai ,u4,s4,c4 #dcja et seq47 is amended to read as follows3 7,b7 a port of entry vacancy rate which compares the number of officers identified in subparagraph 7,a7 with the number of officers at the port at which such officer is currently assigned4 4 7d7 ,definition ,subsection 7r7 of section #daa of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7 is amended-- 7#a7 by striking this section1 the terms and inserting the following3 this section3 7#a7 the terms 2 7#b7 in paragraph 7#a71 as added by subparagraph 7,a71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#b7 the term unmanned aerial systems has the meaning given the term unmanned aircraft system in section #ddhja of the ,,faa ,modernization and ,reform ,act of #bjah 7,public ,law #aae-bed2 #di ,u4,s4,c4 #djaja note74 4 #dac4 ,continuous screening by ,u4,s4 ,customs and ,border ,protection 7a7 ,in general ,subtitle ,b of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #dbj;,a4 ,continuous screening ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall1 in a risk based manner1 continuously screen individuals issued any visa1 and individuals who are nationals of a program country pursuant to section #bag of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg71 who are present1 or are expected to arrive within #cj days1 in the ,united ,states1 against the appropriate criminal1 national security1 and terrorism databases maintained by the ,federal ,government4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #dbj1 as added by this title1 the following new item3 ,sec4 #dbj;,a4 ,continuous screening4 4 #dad4 ,customs ,trade ,partnership ,against ,terrorism 7a7 ,in general ,subtitle ,b of title ,,ii of the ,security and ,accountability for ,every ,port ,act of #bjjf 7#f ,u4,s4,c4 #ifa et seq47 is amended to read as follows3 ,b ,customs ,trade ,partnership ,against ,terrorism #baa4 ,establishment of the ,customs ,trade ,partnership ,against ,terrorism program 7a7 ,in general ,there is established within ,u4,s4 ,customs and ,border ,protection a voluntary government-private sector partnership program to be known as the ,customs ,trade ,partnership ,against ,terrorism 7,,ctpat74 7b7 ,purpose ,the purposes of the ,,ctpat program are to-- 7#a7 strengthen and improve the overall security of the international supply chain and ,united ,states border security2 7#b7 facilitate the movement of secure cargo through the international supply chain2 7#c7 ensure compliance with applicable law2 and 7#d7 serve as the ,authorized ,economic ,operator program for the ,united ,states4 7c7 ,director ,there shall be at the head of the ,,ctpat program a ,director1 who shall report to the ,executive ,assistant ,commissioner of the ,office of ,field ,operations 7in this subtitle referred to as the ,executive ,assistant ,commissioner7 of ,u4,s4 ,customs and ,border ,protection4 7d7 ,duties ,the ,director of the ,,ctpat program shall-- 7#a7 oversee the activities of the ,,ctpat program1 including certification of ,,ctpat participants2 7#b7 evaluate and make revisions to security criteria pursuant to subsections 7c7 and 7d7 of section #bac2 7#c7 ensure that participants receive a tangible and measurable benefit for participation2 and 7#d7 carry out other duties and powers prescribed by the ,executive ,assistant ,commissioner4 #bab4 ,eligible entities and notice of benefits 7a7 ,eligible entities 7#a7 ,in general ,importers1 exporters1 customs brokers1 forwarders1 air1 sea1 and land carriers1 contract logistics providers1 and other entities in the international supply chain and intermodal transportation system are eligible to apply for participation in the ,,ctpat program4 7#b7 ,expansion ,the ,commissioner may expand the list of entities eligible to apply for ,,ctpat participation only in accordance with the purpose of the ,,ctpat program4 7b7 ,tiered participation 7#a7 ,in general ,applicants specified in subsection 7a7 may be eligible to participate as ,tier #a or ,tier #b participants4 7#b7 ,importers ,importers may be eligible to participate as ,tier #c participants4 7#c7 ,extension ,the ,commissioner may extend ,tier #c participation to other entity types1 if appropriate1 and to specific ,tier #b ,,ctpat program participants in accordance with section #bag7;b74 7c7 ,notice of benefits 7#a7 ,in general ,the ,commissioner shall publish1 on the ,u4,s4 ,customs and ,border ,protection website and through other appropriate online publication1 information about benefits available under each tier of the ,,ctpat program4 7#b7 ,changes ,the ,commissioner shall publish1 on the ,u4,s4 ,customs and ,border ,protection website and through other appropriate online publication1 notice of any changes to benefits available under each tier of the ,,ctpat program not later than #cj days before any such changes take effect4 #bac4 ,participation eligibility 7a7 ,in general ,the ,executive ,assistant ,commissioner shall review all documentation submitted by an applicant pursuant to subsection 7b77#b71 conduct a background investigation of such applicant1 and vet such applicant4 7b7 ,general requirements ,to be eligible for participation in the ,,ctpat program1 an entity shall1 at a minimum-- 7#a7 have a designated company employee authorized to bind such entity who is a direct company employee and will serve as the primary point of contact responsible for participation of such entity in the ,,ctpat program2 7#b7 at the time of initial application and annually thereafter1 including in advance of any recertification or revalidation1 submit an international supply chain security profile1 which shall identify how such entity meets the minimum security criteria of the ,,ctpat program established by the ,commissioner and how such entity will maintain and enhance internal policies1 procedures1 and practices related to international supply chain security2 and 7#c7 meet any specific requirements for eligible entities1 as established by the ,commissioner4 7c7 ,minimum security criteria ,the ,commissioner shall establish minimum security criteria for participants in the ,,ctpat program1 review such minimum security criteria not less than once every two years1 and update such minimum security criteria as necessary4 ,such minimum security criteria shall seek to address security vulnerabilities in the international supply chain4 7d7 ,additional and updated criteria ,the ,commissioner may establish additional and updated security criteria for individual ,,ctpat program participants1 categories of ,,ctpat program participants1 or particular entity types to meet in order to address a security vulnerability in the international supply chain4 7e7 ,consultation ,when establishing or updating security criteria in accordance with subsection 7c71 and when establishing new or updated security criteria in accordance subsection 7d71 the ,commissioner shall consult with ,,ctpat program participants and other interested parties1 and shall-- 7#a7 conduct a cost benefit analysis of such proposed new or updated security criteria1 as the case may be1 in consultation with the ,commercial ,customs ,operations ,advisory ,committee established under section #aji of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7,public ,law #aad-abe2 #ai ,u4,s4,c4 #dcaf72 7#b7 determine operational feasibility and1 where appropriate1 provide best practices for meeting such new or updated security criteria to ,,ctpat program participants specific to their entity type2 7#c7 conduct a phased implementation of such proposed new or updated security criteria2 and 7#d7 provide ,,ctpat program participants and other interested parties a #ij-;day comment period to review and comment on such proposed new or updated security criteria4 7f7 ,waiver ,the ,commissioner may waive the requirements of subsection 7e7 if the ,commissioner determines there is a significant and imminent risk to the national security of the ,united ,states and such a waiver is necessary to protect such national security4 ,not later than #abj days after the issuance of any such waiver1 the ,commissioner shall announce on the ,u4,s4 ,customs and ,border ,protection website and through other appropriate online publication the ,commissioner's intent to either withdraw such waiver or maintain such waiver while commencing efforts to establish new or updated security criteria in accordance with subsection 7c7 or 7d71 respectively4 #bad4 ,benefits for ,,ctpat program participants 7a7 ,in general ,the ,executive ,assistant ,commissioner shall extend certain benefits to each ,,ctpat program participant4 ,minimum benefits for each such participant shall include the following3 7#a7 ,assignment of a ,u4,s4 ,customs and ,border ,protection ,supply ,chain ,security ,specialist4 7#b7 ,access to the ,,ctpat program's web-based ,portal system1 training materials1 and a mechanism by which to verify other ,,ctpat program participants' ,,ctpat status4 7#c7 ,timely supply chain threat alerts categorized by ,,ctpat program participant entity type1 and an annual and unclassified update made available in such web-based ,portal system regarding regional and other relevant threats to the international supply chain4 7b7 ,annual assessment 7#a7 ,in general ,the ,executive ,assistant ,commissioner shall conduct1 on an annual basis1 an assessment of the benefits conferred to ,,ctpat program participants by tier and entity type4 ,the ,executive ,assistant ,commissioner shall determine a process to carry out such assessments1 including projected milestones and completion dates for addressing data reliability issues and1 as necessary1 correcting data weaknesses1 in order that ,u4,s4 ,customs and ,border ,protection can produce accurate and reliable annual assessments that can be compared year-to-year4 7#b7 ,elements ,each annual assessment conducted pursuant to paragraph 7#a7 shall at a minimum include the following3 7,a7 ,the average reduced security exam rate by ,,ctpat program participant tier and entity type4 7,b7 ,the average reduction in penalties for ,,ctpat program participants by tier and entity type4 7,c7 ,the average reduction in risk assessment for ,,ctpat program participants by tier and entity type4 7#c7 ,public availability ,the ,executive ,assistant ,commissioner shall make each annual assessment publicly available on the ,,ctpat portal for at least one year4 7c7 ,consultation ,when assessing benefits in accordance with subsection 7b71 the ,executive ,assistant ,commissioner shall consult with the ,commercial ,customs ,operations ,advisory ,committee established under section #aji of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7,public ,law #aad-abe2 #ai ,u4,s4,c4 #dcaf7 and the ,national ,maritime ,security ,advisory ,committee established under section #gjaab of title #df1 ,united ,states ,code4 #bae4 ,tier #a participants 7a7 ,certification ,the ,executive ,assistant ,commissioner shall certify the security measures and international supply chain security practices of all applicants to and participants in the ,,ctpat program in accordance with section #bac7;b77#b7 and the guidelines referred to in subsection 7c7 of this section4 ,certified participants shall be ,tier #a participants4 7b7 ,benefits for tier #a participants ,upon completion of the certification under subsection 7a71 a ,,ctpat program participant shall be certified as a ,tier #a participant4 ,the ,executive ,assistant ,commissioner shall extend limited benefits to a ,tier #a participant4 7c7 ,criteria ,not later than #ahj days after the date of the enactment of this subtitle1 the ,commissioner shall update the criteria for certifying a ,,ctpat program participant's security measures and supply chain security practices under this section4 ,such criteria shall include a background investigation and review of appropriate documentation1 as determined by the ,commissioner4 7d7 ,timeframe ,to the extent practicable1 the ,executive ,assistant ,commissioner shall conclude the ,tier #a certification process within #ij days of receipt of a completed application for participation in the ,,ctpat program4 #baf4 ,tier #b participants 7a7 ,validation ,the ,executive ,assistant ,commissioner shall validate the security measures and international supply chain security practices of a ,tier #a ,,ctpat program participant in accordance with the guidelines referred to in subsection 7c7 to validate such participant as a ,tier #b participant4 ,such validation shall include on-site assessments at appropriate foreign and domestic locations utilized by such ,tier #a participant in its international supply chain4 7b7 ,benefits for tier #b participants ,the ,executive ,assistant ,commissioner1 shall extend benefits to each ,,ctpat participant that has been validated as a ,tier #b participant under this section4 ,such benefits may include the following3 7#a7 ,reduced scores in ,u4,s4 ,customs and ,border ,protection's ,automated ,targeting ,system or successor system4 7#b7 ,reduced number of security examinations by ,u4,s4 ,customs and ,border ,protection4 7#c7 ,penalty mitigation opportunities4 7#d7 ,priority examinations of cargo4 7#e7 ,access to the ,free and ,secure ,trade 7,,fast7 ,lanes at ,united ,states ports of entry4 7#f7 ,confirmation of ,,ctpat status to foreign customs administrations that have signed ,mutual ,recognition ,arrangements with ,u4,s4 ,customs and ,border ,protection4 7#g7 ,in the case of importers1 eligibility to participate in the ,importer ,self-,assessment ,program 7,,isa7 or successor compliance program4 7#h7 ,in the case of sea carriers1 eligibility to participate in the ,advance ,qualified ,unlading ,approval 7,,aqua7 ,lane process4 7c7 ,criteria ,not later than #ahj days after the date of the enactment of this subtitle1 the ,commissioner shall develop a schedule and update the criteria for validating a ,,ctpat participant's security measures and supply chain security practices under this section4 7d7 ,timeframe ,to the extent practicable1 the ,executive ,assistant ,commissioner shall complete the ,tier #b validation process for a ,,ctpat program participant under this section within one year after certification of such participant as a ,tier #a participant4 #bag4 ,tier #c participants 7a7 ,in general ,the ,commissioner shall establish a third tier of ,,ctpat program participation that offers additional benefits to ,,ctpat program participants that are importers or other entity types1 in accordance with section #bab7;b71 that demonstrate a sustained commitment to maintaining security measures and international supply chain security practices that exceed the guidelines established for validation as a ,tier #b participant in the ,,ctpat program under section #baf4 7b7 ,best practices ,the ,commissioner shall provide a best practices framework to ,tier #b participants interested in ,tier #c status and may designate a ,tier #b ,,ctpat program participant as a ,tier #c participant based on a review of best practices in such participant's international supply chain that reflect a continued approach to enhanced international supply chain security1 including-- 7#a7 compliance with any new or updated criteria established by the ,commissioner under section #bac7;d7 that exceed the guidelines established pursuant to section #baf for validating a ,,ctpat program participant as a ,tier #b participant2 and 7#b7 any other factors that the ,commissioner determines appropriate that are provided in such best practices framework4 7c7 ,benefits for tier #c participants ,the ,executive ,assistant ,commissioner shall extend benefits to each ,,ctpat program participant that has been validated as a ,tier #c participant under this section1 which1 in addition to benefits for ,tier #b participation1 may include the following3 7#a7 ,further reduction in the number of examinations by ,u4,s4 ,customs and ,border ,protection4 7#b7 ,front of the line inspections and examinations4 7#c7 ,exemption from ,stratified ,exams4 7#d7 ,shorter wait times at ,united ,states ports of entry4 #bah4 ,consequences for lack of compliance 7a7 ,in general ,if at any time the ,executive ,assistant ,commissioner determines that a ,,ctpat program participant's security measures or international supply chain security practices fail to meet applicable requirements under this subtitle1 the ,executive ,assistant ,commissioner may deny such participant benefits otherwise made available pursuant to this subtitle1 either in whole or in part4 ,the ,executive ,assistant ,commissioner shall develop procedures1 in consultation with ,commercial ,customs ,operations ,advisory ,committee established under section #aji of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7,public ,law #aad-abe2 #ai ,u4,s4,c4 #dcaf71 that provide appropriate protections to ,,ctpat program participants1 including advance notice and an opportunity for such participants to provide additional information to ,u4,s4 ,customs and ,border ,protection regarding any such alleged failure1 before any of such benefits are withheld4 ,such procedures may not limit the ability of the ,executive ,assistant ,commissioner to take actions to protect the national security of the ,united ,states4 7b7 ,false or misleading information2 lack of compliance with law ,if a ,,ctpat program participant knowingly provides false or misleading information to the ,commissioner1 the ,executive ,assistant ,commissioner1 ,director1 or any other officers or officials of the ,united ,states ,government1 or if at any time the ,executive ,assistant ,commissioner determines that a ,,ctpat program participant has committed a serious violation of ,federal law or customs regulations1 or if a ,,ctpat program participant has committed a criminal violation relating to the economic activity of such participant1 the ,executive ,assistant ,commissioner may suspend or remove such participant from the ,,ctpat program for an appropriate period of time4 ,the ,executive ,assistant ,commissioner1 after the completion of the process described in subsection 7d71 may publish in the ,federal ,register a list of ,,ctpat program participants that have been so removed from the ,,ctpat program pursuant to this subsection4 7c7 ,national security ,if at any time the ,executive ,assistant ,commissioner determines that a ,,ctpat program participant poses a significant and imminent risk to the national security of the ,united ,states1 the ,executive ,assistant ,commissioner may suspend or remove such participant from the ,,ctpat program for an appropriate period of time4 ,the ,executive ,assistant ,commissioner1 after the completion of the process described in subsection 7d71 may publish in the ,federal ,register a list of ,,ctpat program participants that have been so removed from the ,,ctpat program pursuant to this subsection4 7d7 ,right of appeal 7#a7 ,in general ,the ,commissioner shall establish a process for a ,,ctpat program participant to appeal a decision of the ,executive ,assistant ,commissioner under subsection 7a74 ,such appeal shall be filed with the ,commissioner not later than #ij days after the date of such decision1 and the ,commissioner shall issue a determination not later than #ij days after such appeal is filed4 7#b7 ,appeals of other decisions ,the ,commissioner shall establish a process for a ,,ctpat program participant to appeal a decision of the ,executive ,assistant ,commissioner under subsections 7b7 and 7c74 ,such appeal shall be filed with the ,commissioner not later than #cj days after the date of such decision1 and the ,commissioner shall issue a determination not later than #ij days after such appeal is filed4 #bai4 ,validations by other ,,dhs components 7a7 ,in general ,the ,commissioner may recognize regulatory inspections of entities conducted by other components of the ,department of ,homeland ,security as sufficient to constitute validation for ,,ctpat program participation in cases in which any such component's inspection regime is harmonized with validation criteria for the ,,ctpat program4 ,such regulatory inspections shall not limit the ability of ,u4,s4 ,customs and ,border ,protection to conduct a ,,ctpat program validation4 7b7 ,revalidation ,nothing in this section may limit the ,commissioner's ability to require a revalidation by ,u4,s4 ,customs and ,border ,protection4 7c7 ,certification ,nothing in this section may be construed to authorize certifications of ,,ctpat applicants to be performed by any party other than ,u4,s4 ,customs and ,border ,protection4 #bbj4 ,recertification and revalidation 7a7 ,recertification ,the ,commissioner shall implement a recertification process for all ,,ctpat program participants4 ,such process shall occur annually1 and shall require-- 7#a7 a review of the security profile and supporting documentation to ensure adherence to the minimum security criteria under section #bac2 and 7#b7 background checks and vetting4 7b7 ,revalidation ,the ,commissioner shall implement a revalidation process for all ,tier #b and ,tier #c ,,ctpat program participants4 ,such process shall require-- 7#a7 a framework based upon objective1 risk-based criteria for identifying participants for periodic revalidation at least once every four years after the initial validation of such participants2 7#b7 on-site assessments at appropriate foreign and domestic locations utilized by such a participant in its international supply chain2 and 7#c7 an annual plan for revalidation that includes-- 7,a7 performance measures2 7,b7 an assessment of the personnel needed to perform such revalidations2 and 7,c7 the number of participants that will be revalidated during the following year4 7c7 ,revalidation under a mutual recognition arrangement 7#a7 ,in general ,upon request from the ,commissioner1 all ,tier #b and ,tier #c ,,ctpat program participants shall provide any revalidation report conducted by a foreign government under a ,mutual ,recognition ,arrangement4 7#b7 ,recognition ,the ,commissioner may recognize revalidations of entities conducted by foreign governments under a ,mutual ,recognition ,arrangement as sufficient to constitute a revalidation for ,,ctpat program participation under subsection 7b74 7#c7 ,no limitation ,nothing in this subsection may be construed to limit the ,commissioner's ability to require a revalidation by ,u4,s4 ,customs and ,border ,protection4 7d7 ,designated company employees ,only designated company employees of a ,,ctpat program participant under section #bac7;b77#a7 are authorized to respond to a revalidation report4 ,third-party entities are not authorized to respond to a revalidation report4 #bba4 ,noncontainerized cargo and third-party logistics providers ,the ,commissioner shall consider the potential for participation in the ,,ctpat program by importers of noncontainerized cargoes and non-asset-based third-party logistics providers that otherwise meet the requirements under this subtitle4 #bbb4 ,program management 7a7 ,in general ,the ,commissioner shall establish sufficient internal quality controls and record management1 including recordkeeping 7including maintenance of a record management system in accordance with subsection 7b77 and monitoring staff hours1 to support the management systems of the ,,ctpat program4 ,in managing the ,,ctpat program1 the ,commissioner shall ensure that the ,,ctpat program includes the following3 7#a7 ,a five-year plan to identify outcome-based goals and performance measures of the ,,ctpat program4 7#b7 ,an annual plan for each fiscal year designed to match available resources to the projected workload4 7#c7 ,a standardized work program to be used by agency personnel to carry out the certifications1 validations1 recertifications1 and revalidations of ,,ctpat program participants4 7#d7 ,in accordance with subsection 7e71 a standardized process for the ,executive ,assistant ,commissioner to receive reports of suspicious activity1 including reports regarding potentially compromised cargo or other national security concerns4 7b7 ,documentation of reviews 7#a7 ,in general ,the ,commissioner shall maintain a record management system to document determinations on the reviews of each ,,ctpat program participant1 including certifications1 validations1 recertifications1 and revalidations4 7#b7 ,standardized procedures ,to ensure accuracy and consistency within the record management system required under this subsection1 the ,commissioner shall develop1 disseminate1 and require utilization of standardized procedures for agency personnel carrying out certifications1 validations1 recertifications1 and revalidations to report and track information regarding the status of each ,,ctpat program participant4 7c7 ,confidential information safeguards ,in consultation with the ,commercial ,customs ,operations ,advisory ,committee established under section #aji of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7,public ,law #aad-abe2 #ai ,u4,s4,c4 #dcaf71 the ,commissioner shall develop and implement procedures to ensure the protection of confidential data collected1 stored1 or shared with government agencies or as part of the application1 certification1 validation1 recertification1 and revalidation processes4 7d7 ,resource management staffing plan ,the ,commissioner shall-- 7#a7 develop a staffing plan to recruit and train staff 7including a formalized training program7 to meet the objectives identified in the five-year strategic plan under subsection 7a77#a72 and 7#b7 provide cross-training in post incident trade resumption for the ,,ctpat ,director and other relevant personnel who administer the ,,ctpat program4 7e7 ,engagement ,in carrying out the standardized process required under subsection 7a77#d71 the ,commissioner shall engage with and provide guidance to ,,ctpat program participants and other appropriate stakeholders on submitting reports described in such subsection4 7f7 ,report to congress ,in connection with the ,president's annual budget submission for the ,department of ,homeland ,security1 the ,commissioner shall report to the appropriate congressional committees on the progress made by the ,commissioner to certify1 validate1 recertify1 and revalidate ,,ctpat program participants4 ,each such report shall be due on the same date that the ,president's budget is submitted to ,congress4 4 7b7 ,saving clause 7#a7 ,in general ,the amendments made by this ,act shall take effect and apply beginning on the date that is #ij days after the date of the enactment of this ,act with respect to applicants for participation in the ,,ctpat program4 7#b7 ,exception ,paragraph 7#a7 shall not apply in case of ,,ctpat program participants who are such participants as of the date specified in such paragraph4 ,such participants shall be subject to the amendments made by this ,act upon revalidation of such participants to participate in such program4 ,until such time1 such participants shall be subject to the requirements of the ,,ctpat program as in existence on the day before the date of the enactment of this ,act4 7c7 ,technical and conforming amendments ,the ,security and ,accountability for ,every ,port ,act of #bjjf is amended-- 7#a7 in paragraph 7#d7 of section #b 7#f ,u4,s4,c4 #ija71 by striking ,commissioner responsible for the ,united ,states ,customs and ,border ,protection and inserting ,commissioner of ,u4,s4 ,customs and ,border ,protection2 and 7#b7 in paragraph 7#b7 of section #bjb7;c7 7#f ,u4,s4,c4 #idb7;c771 by striking ,c-,,tpat and inserting ,,ctpat4 7d7 ,clerical amendments ,the table of contents in section #a7;b7 of the ,security and ,accountability for ,every ,port ,act of #bjjf is amended by striking the items relating to subtitle ,b of title ,,ii and inserting the following new items3 ,subtitle ,b--,customs ,trade ,partnership ,against ,terrorism ,sec4 #baa4 ,establishment of the ,customs ,trade ,partnership ,against ,terrorism program4 ,sec4 #bab4 ,eligible entities and notice of benefits4 ,sec4 #bac4 ,participation eligibility4 ,sec4 #bad4 ,benefits for ,,ctpat program participants4 ,sec4 #bae4 ,tier #a participants4 ,sec4 #baf4 ,tier #b participants4 ,sec4 #bag4 ,tier #c participants4 ,sec4 #bah4 ,consequences for lack of compliance4 ,sec4 #bai4 ,validations by other ,,dhs components4 ,sec4 #bbj4 ,recertification and revalidation4 ,sec4 #bba4 ,noncontainerized cargo and third-party logistics providers4 ,sec4 #bbb4 ,program management4 4 #dae4 ,strategy to ensure detection of all opioid purity levels at ports of entry 7a7 ,in general ,not later than #ahj days after the date of the enactment of this section1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection 7,,cbp7 shall-- 7#a7 implement a strategy to ensure deployed chemical screening devices are able to identify1 in an operational environment1 narcotics at purity levels less than or equal to #aj percent1 or provide ports of entry with an alternate method for identifying narcotics at lower purity levels2 and 7#b7 require testing of any new chemical screening devices to understand the abilities and limitations of such devices relating to identifying narcotics at various purity levels before ,,cbp commits to the acquisition of such devices4 7b7 ,plan ,to ensure opioid detection equipment resiliency ,not later than #ahj days after the date of the enactment of this section1 the ,secretary of ,homeland ,security shall implement a plan for the long-term development of a centralized spectral database for chemical screening devices4 ,such plan shall address the following3 7#a7 ,how newly identified spectra will be collected1 stored1 and distributed to such devices in their operational environment1 including at ports of entry4 7#b7 ,identification of parties responsible for updates and maintenance of such database4 #daf4 ,authorization of the immigration advisory program 7a7 ,in general ,subtitle ,b of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #dbj;,b4 ,immigration advisory program 7a7 ,in general ,there is authorized within ,u4,s4 ,customs and ,border ,protection an immigration advisory program 7in this section referred to as the program7 for ,united ,states ,customs and ,border ,protection officers1 pursuant to an agreement with a host country1 to assist air carriers and security employees at foreign airports with review of traveler information during the processing of flights bound for the ,united ,states4 7b7 ,activities ,in carrying out the program1 ,u4,s4 ,customs and ,border ,protection officers may-- 7#a7 be present during processing of flights bound for the ,united ,states2 7#b7 assist air carriers and security employees with document examination and traveler security assessments2 7#c7 provide relevant training to air carriers1 security employees1 and host-country authorities2 7#d7 analyze electronic passenger information and passenger reservation data to identify potential threats2 7#e7 engage air carriers and travelers to confirm potential terrorist watchlist matches2 7#f7 make recommendations to air carriers to deny potentially inadmissible passengers boarding flights bound for the ,united ,states2 and 7#g7 conduct other activities to secure flights bound for the ,united ,states1 as directed by the ,commissioner of ,united ,states ,customs and ,border ,protection4 7c7 ,notification to ,congress ,not later than #fj days before an agreement with the government of a host country pursuant to the program described in this section enters into force1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall provide the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate with-- 7#a7 a copy of such agreement1 which shall include-- 7,a7 the identification of the host country with which ,united ,states ,customs and ,border ,protection intends to enter into such agreement2 7,b7 the location at which activities described in subsection 7b7 will be conducted pursuant to such agreement2 and 7,c7 the terms and conditions for ,united ,states ,customs and ,border ,protection personnel operating at such location2 7#b7 country-specific information on the anticipated homeland security benefits associated with such agreement2 7#c7 an assessment of the impacts such agreement will have on ,united ,states ,customs and ,border ,protection domestic port of entry staffing2 7#d7 information on the anticipated costs over the #e fiscal years after such agreement enters into force associated with carrying out such agreement2 7#e7 details on information sharing mechanisms to ensure that ,united ,states ,customs and ,border ,protection has current information to prevent terrorist and criminal travel2 and 7#f7 other factors that the ,commissioner determines necessary for ,congress to comprehensively assess the appropriateness of carrying out the program4 7d7 ,amendment of existing agreements ,not later than #cj days before a substantially amended program agreement with the government of a host country in effect as of the date of the enactment of this section enters into force1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall provide to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate-- 7#a7 a copy of such agreement1 as amended2 and 7#b7 the justification for such amendment4 7e7 ,definitions ,in this section1 the terms air carrier and foreign air carrier have the meanings given such terms in section #djajb of title #di1 ,united ,states ,code4 4 7b7 ,conforming amendment ,subsection 7c7 of section #daa of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa71 as amended by this title1 is further amended-- 7#a7 in paragraph 7#bb71 by striking and after the semicolon at the end2 7#b7 by redesignating paragraph 7#bc7 as paragraph 7#bd72 and 7#c7 by inserting after paragraph 7#bb7 the following new paragraph3 7#bc7 carry out section #dbj;,b1 relating to the immigration advisory program2 and 4 7c7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #dbj;,a1 as added by this title1 the following new item3 ,sec4 #dbj;,b4 ,immigration advisory program4 4 #dag4 ,border security technology accountability 7a7 ,in general ,subtitle ,c of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bca et seq47 is amended by adding at the end the following new section3 #dcg4 ,border security technology program management 7a7 ,planning documentation ,for each border security technology acquisition program of the ,department that is determined to be a major acquisition program1 the ,secretary shall-- 7#a7 ensure that each such program has a written acquisition program baseline approved by the relevant acquisition decision authority2 7#b7 document that each such program is meeting cost1 schedule1 and performance thresholds as specified in such baseline1 in compliance with relevant departmental acquisition policies and the ,federal ,acquisition ,regulation2 and 7#c7 have a plan for meeting program implementation objectives by managing contractor performance4 7b7 ,adherence to standards ,the ,secretary1 acting through the ,under ,secretary for ,management and the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 shall ensure border security technology acquisition program managers who are responsible for carrying out this section adhere to relevant internal control standards identified by the ,comptroller ,general of the ,united ,states4 ,the ,commissioner shall provide information1 as needed1 to assist the ,under ,secretary in monitoring management of border security technology acquisition programs under this section4 7c7 ,plan ,the ,secretary1 acting through the ,under ,secretary for ,management1 in coordination with the ,under ,secretary for ,science and ,technology and the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 shall submit to the appropriate congressional committees a plan for testing1 evaluating1 and using independent verification and validation resources for border security technology4 ,under the plan1 new border security technologies shall be evaluated through a series of assessments1 processes1 and audits to ensure compliance with relevant departmental acquisition policies and the ,federal ,acquisition ,regulation1 as well as the effectiveness of taxpayer dollars4 7d7 ,major acquisition program defined ,in this section1 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 #cjj1jjj1jjj 7based on fiscal year #bjba constant dollars7 over its life cycle cost4 4 7b7 ,clerical amendment ,the table of contents of the ,homeland ,security ,act of #bjjb is amended by striking the items relating to sections #dce and #dcf and inserting after the item relating to section #dcd the following new items3 ,sec4 #dce4 ,maritime operations coordination plan4 ,sec4 #dcf4 ,maritime security capabilities assessments4 ,sec4 #dcg4 ,border security technology program management4 4 #dah4 ,establishment of ,u4,s4 ,immigration and ,customs ,enforcement 7a7 ,in general ,section #ddb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #beb7 is amended to read as follows3 #ddb4 ,u4,s4 ,immigration and ,customs ,enforcement 7a7 ,establishment ,there is established within the ,department an agency to be known as ,u4,s4 ,immigration and ,customs ,enforcement4 7b7 ,director of ,u4,s4 ,immigration and ,customs ,enforcement ,there shall be at the head of ,u4,s4 ,immigration and ,customs ,enforcement a ,director of ,u4,s4 ,immigration and ,customs ,enforcement 7in this section referred to as the ,director74 7c7 ,duties and qualifications ,the ,director shall-- 7#a7 have a minimum of five years-- 7,a7 professional experience in law enforcement1 which may include law enforcement as it relates to the immigration laws1 as defined in paragraph 7#ag7 of section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag77 or the customs and trade laws of the ,united ,states1 as defined in section #b of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7#ai ,u4,s4,c4 #dcja72 and 7,b7 management experience2 7#b7 in coordination with ,u4,s4 ,customs and ,border ,protection and ,united ,states ,citizenship and ,immigration ,services1 enforce and administer immigration laws1 as defined in paragraph 7#ag7 of section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a771 including the identification1 arrest1 detention1 and removal of aliens who may be inadmissible to1 or deportable from1 the ,united ,states2 7#c7 have the authority to investigate and1 where appropriate1 refer for prosecution1 any criminal or civil violation of ,federal law relating to or involving-- 7,a7 border control and security1 including the prevention of the entry or residence of terrorists1 criminals1 and human rights violators2 7,b7 the customs and trade laws of the ,united ,states1 as defined in section #b of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7#ai ,u4,s4,c4 #dcja72 7,c7 fraud1 false statements1 or other violations on the import or export of merchandise1 including the illicit possession1 movement of1 or trade in goods1 services1 property1 arms1 instruments of terrorism1 items controlled or prohibited from export1 goods made with forced or indentured labor1 intellectual property1 or currency or other monetary instruments2 7,d7 bulk cash smuggling or other financial crimes with a cross-border or international nexus2 7,e7 the immigration laws1 as defined in paragraph 7#ag7 of section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a772 7,f7 transnational organized crime2 7,g7 chapter #dj or #dd of title #ah1 ,united ,states ,code1 or other violation relating to explosives1 firearms1 other destructive devices involving an alien2 7,h7 severe forms of trafficking in persons1 as defined in section #ajc of the ,victims of ,trafficking and ,violence ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb72 7,i7 the production1 procurement1 counterfeiting1 alteration1 or use of fraudulent immigration documents or fraudulently obtaining immigration benefits2 7,j7 unlawful use of personal information1 when such use relates to or affects border security1 terrorism1 customs1 immigration1 naturalization1 trade1 or transportation security2 7,k7 computer crimes1 pursuant to section #ajcj7;d7 of title #ah1 ,united ,states ,code1 in cooperation1 where required by law1 with the ,united ,states ,secret ,service and the ,federal ,bureau of ,investigation2 7,l7 drug laws1 as specified in the ,controlled ,substances ,act and the ,controlled ,substances ,import and ,export ,act in the context of cross-border criminal activity2 7,m7 child exploitation1 child pornography1 or traveling child sex offenders pursuant to section #hij;,a7b77#b77;,a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dgc7;b77#b77;,a772 and 7,n7 cyber-enabled crimes pursuant to section #hij;,a7d77#b77;,b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dgc7;d77#b77;,b772 7#d7 administer the ,national ,intellectual ,property ,rights ,coordination ,center established in section #cje of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7,public ,law #aad-abe2 #ai ,u4,s4,c4 #dcdd72 7#e7 jointly with the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 develop and submit the joint strategic plan required under section #aje of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7,public ,law #aad-abe2 #ai ,u4,s4,c4 #dcad72 7#f7 coordinate1 as otherwise permitted by law1 with ,federal1 ,state1 local1 tribal1 and foreign agencies in carrying out the duties set forth in paragraphs 7#b7 and 7#c72 7#g7 in coordination with the ,office of ,international ,affairs of the ,department and the ,department of ,state1 establish staff liaison offices and vetted units in foreign countries to support law enforcement activities that require international cooperation1 including investigations and repatriation efforts2 7#h7 assign employees of the ,department to diplomatic and consular posts1 in coordination with the ,secretary1 pursuant to section #dbh7;e72 7#i7 authorize danger pay allowance for employees of the ,department pursuant to section #eibh of title #e1 ,united ,states ,code1 with the approval of the ,secretary of ,state2 7#aj7 provide technical assistance and training to trusted and vetted law enforcement and customs authorities of foreign countries to enhance the ability of such authorities to enforce immigration and customs laws2 7#aa7 establish1 maintain1 and administer appropriate law enforcement centers1 including the ,human ,rights ,violators and ,war ,crimes ,center and other interagency centers1 in accordance with applicable law1 or as prescribed by the ,secretary or in furtherance of the ,director's assigned duties2 7#ab7 administer the ,border ,enforcement ,security ,task ,force established under section #dcb2 7#ac7 operate the ,cyber ,crimes ,center established in section #hij;,a2 7#ad7 in carrying out paragraph 7#c71 administer internal conspiracy investigations at ,united ,states ports of entry2 and 7#ae7 carry out other duties and powers prescribed by law or delegated by the ,secretary4 7d7 ,general enforcement powers ,the ,director may authorize agents and officers of ,u4,s4 ,immigration and ,customs ,enforcement to-- 7#a7 carry out the duties and responsibilities authorized under section #bhg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7 and section #ehi of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aehi;a72 7#b7 seize any property1 whether real or personal1 that is involved in any violation or attempted violation1 or which constitutes proceeds traceable to a violation1 of those provisions of law which ,u4,s4 ,immigration and ,customs ,enforcement is authorized to enforce2 7#c7 offer and pay rewards for services and information regarding the apprehension of persons involved in1 or the seizure and forfeiture of property associated with1 the violation or attempted violation of those provisions of law which ,u4,s4 ,immigration and ,customs ,enforcement is authorized to enforce2 7#d7 issue detainers for purposes of immigration enforcement pursuant to sections #bcf1 #bda1 and #bhg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf1 #abca1 and #aceg72 and 7#e7 conduct undercover investigative operations pursuant to section #bid of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfc;a71 and section #caca of the ,customs ,enforcement ,act of #aihf 7#ai ,u4,s4,c4 #bjha2 enacted as part of the ,anti-,drug ,abuse ,act of #aihf74 7e7 ,deputy ,director ,there shall be in ,u4,s4 ,immigration and ,customs ,enforcement a ,deputy ,director who shall assist the ,director in the management of ,u4,s4 ,immigration and ,customs ,enforcement4 7f7 ,office of ,homeland ,security ,investigations 7#a7 ,in general ,there is established in ,u4,s4 ,immigration and ,customs ,enforcement the ,office of ,homeland ,security ,investigations4 7#b7 ,executive associate director ,there shall be at the head of the ,office of ,homeland ,security ,investigations an ,executive ,associate ,director1 who shall report to the ,director4 7#c7 ,duties ,the ,office of ,homeland ,security ,investigations shall-- 7,a7 serve as the law enforcement office of ,u4,s4 ,immigration and ,customs ,enforcement with primary responsibility to conduct investigations of terrorist organizations and other criminal organizations that threaten the homeland or border security2 7,b7 serve as the law enforcement office of ,u4,s4 ,immigration and ,customs ,enforcement with primary responsibility to conduct investigations of1 and1 where appropriate1 refer for prosecution1 any criminal or civil violations of ,federal law1 including-- 7i7 financial crimes2 7ii7 money laundering and bulk cash smuggling2 7iii7 commercial fraud and intellectual property theft2 7iv7 cyber-enabled crimes pursuant to section #hij;,a7d77#b77;,b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dgc7;d77#b77;,b772 7v7 human smuggling1 human trafficking1 and human rights violations2 7vi7 narcotics and weapons smuggling and trafficking2 7vii7 transnational gang activity2 7viii7 export violations2 7ix7 international art and antiquity theft2 7x7 identity and benefit fraud2 7xi7 unlawful employment of unauthorized aliens2 7xii7 child exploitation1 child pornography1 and traveling child sex offenders pursuant to section #hij;,a7b77#b77;,a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dgc7;b77#b77;,a772 7xiii7 computer crimes pursuant to section #ajcj7;d7 of title #ah1 ,united ,states ,code1 in cooperation1 where required by law1 with the ,united ,states ,secret ,service and the ,federal ,bureau of ,investigation2 and 7xiv7 any other criminal or civil violation prescribed by law or delegated by the ,director2 7,c7 administer the program to collect information relating to nonimmigrant foreign students and exchange visitor program participants described in section #fda of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb71 including the ,student and ,exchange ,visitor ,information ,system established under such section1 and use such information to carry out the enforcement functions of ,u4,s4 ,immigration and ,customs ,enforcement2 and 7,d7 carry out other duties and powers prescribed by the ,director4 7g7 ,office of ,enforcement and ,removal ,operations 7#a7 ,in general ,there is established in ,u4,s4 ,immigration and ,customs ,enforcement the ,office of ,enforcement and ,removal ,operations4 7#b7 ,executive associate director ,there shall be at the head of the ,office of ,enforcement and ,removal ,operations an ,executive ,associate ,director1 who shall report to the ,director4 7#c7 ,duties ,the ,office of ,enforcement and ,removal ,operations shall-- 7,a7 serve as the law enforcement office of ,u4,s4 ,immigration and ,customs ,enforcement with primary responsibility to enforce the civil immigration and nationality laws of the ,united ,states1 except to the extent that any other agency of the ,federal ,government has the responsibility or authority for so doing2 7,b7 identify1 locate1 detain1 and arrest aliens in custodial settings or at-large who may be subject to removal from the ,united ,states2 7,c7 have custody over 7and the authority to release7 aliens detained for potential exclusion1 deportation1 or removal from the ,united ,states1 manage the administrative immigration detention operations of ,u4,s4 ,immigration and ,customs ,enforcement1 and provide necessary and appropriate medical care and dental and mental health services to detained aliens in the custody of the agency2 7,d7 plan1 coordinate1 and manage the execution of exclusion1 deportation1 and removal orders issued to aliens2 7,e7 investigate and refer for prosecution any civil or criminal violation of the immigration laws or any offense described in section #bhg7;a77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;a77#e772 and 7,f7 carry out other duties and powers prescribed by the ,director4 7h7 ,office of the ,principal ,legal ,advisor 7#a7 ,in general ,there is established in ,u4,s4 ,immigration and ,customs ,enforcement the ,office of the ,principal ,legal ,advisor4 7#b7 ,principal legal advisor ,there shall be at the head of the ,office the ,principal ,legal ,advisor a ,principal ,legal ,advisor4 7#c7 ,duties ,the ,office of the ,principal ,legal ,advisor shall-- 7,a7 provide specialized legal advice to the ,director2 7,b7 represent ,u4,s4 ,immigration and ,customs ,enforcement in all exclusion1 deportation1 and removal proceedings before the ,executive ,office for ,immigration ,review2 and 7,c7 carry out other duties and powers prescribed by the ,director4 7i7 ,office of ,professional ,responsibility 7#a7 ,in general ,there is established in ,u4,s4 ,immigration and ,customs ,enforcement the ,office of ,professional ,responsibility4 7#b7 ,associate director ,there shall be at the head of the ,office of ,professional ,responsibility an ,associate ,director1 who shall report to the ,director4 7#c7 ,duties ,the ,office of ,professional ,responsibility shall-- 7,a7 investigate allegations of criminal1 civil1 or administrative misconduct involving any employee1 officer1 or contractor of ,u4,s4 ,immigration and ,customs ,enforcement2 7,b7 inspect and review ,u4,s4 ,immigration and ,customs ,enforcement's offices1 operations1 and processes1 including detention facilities operated or used by ,u4,s4 ,immigration and ,customs ,enforcement1 and provide an independent review of ,u4,s4 ,immigration and ,custom ,enforcement's organizational health1 effectiveness1 and efficiency of mission2 7,c7 provide and manage the security programs and operations for ,u4,s4 ,immigration and ,customs ,enforcement2 and 7,d7 carry out other duties and powers prescribed by the ,director4 7j7 ,office of ,management and ,administration 7#a7 ,in general ,there is established in ,u4,s4 ,immigration and ,customs ,enforcement the ,office of ,management and ,administration4 7#b7 ,executive associate director ,there shall be at the head of the ,office of ,management and ,administration an ,executive ,associate ,director1 who shall report to the ,director4 7#c7 ,duties ,the ,office of ,management and ,administration shall-- 7,a7 oversee and execute the agency's administrative and management support functions to ensure compliance with all laws1 regulations and policies1 sound resource and asset management1 internal controls1 and in furtherance of ,,ice mission effectiveness2 7,b7 oversee the delivery of ,,ice's budget justifications1 manage budget distributions1 and oversee the execution of ,,ice's budget through financial policies1 standards1 and systems for ,,ice's programs1 projects1 and activities2 7,c7 deliver human capital programs on behalf of the agency2 7,d7 establish acquisition strategies1 perform oversight for all investments1 ensure program accountability1 and perform oversight and execution of all contracting activities2 7,e7 manage ,,ice's facilities portfolio ensuring infrastructure is effectively planned1 acquired1 and maintained2 7,f7 develop and maintain an integrated information technology infrastructure2 7,g7 ensure the implementation of strong privacy protections1 records management1 data governance practices1 and timely responses to ,freedom of ,information ,act requests2 7,h7 develop and execute leadership and career development programs to meet ,,ice training needs2 and 7,i7 carry out other duties and authorities prescribed by the ,director4 7k7 ,other authorities 7#a7 ,in general ,the ,secretary may establish such other ,executive ,associate ,directors1 ,assistant ,directors1 or other similar officers or officials1 or other offices or positions as the ,secretary determines necessary to carry out the missions1 duties1 functions1 and authorities of ,u4,s4 ,immigration and ,customs ,enforcement4 7#b7 ,notification ,if the ,secretary exercises the authority provided pursuant to paragraph 7#a71 the ,secretary shall notify the ,committee on ,homeland ,security and the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on the ,judiciary of the ,senate not later than #cj days before exercising such authority4 7l7 ,other ,federal agencies ,nothing in this section may be construed as affecting or limiting in any manner the authority1 as in existence on the day before the date of the enactment of this section1 of any other ,federal agency or other component of the ,department4 4 7b7 ,special rules 7#a7 ,treatment ,section #ddb of the ,homeland ,security ,act of #bjjb1 as amended by subsection 7a7 of this section1 shall be treated as if included in such ,act as of the date of the enactment of such ,act4 ,in addition to the functions1 missions1 duties1 and authorities specified in such amended section #ddb1 ,u4,s4 ,immigration and ,customs ,enforcement shall continue to perform and carry out the functions1 missions1 duties1 and authorities under section #ddb of such ,act as in existence on the day before such date of enactment 7notwithstanding the treatment described in this paragraph74 7#b7 ,rules of construction 7,a7 ,rules and regulations ,notwithstanding the treatment described in paragraph 7#a71 nothing in this ,act may be construed as affecting in any manner any rule or regulation issued or promulgated pursuant to any provision of law1 including section #ddb of the ,homeland ,security ,act of #bjjb1 as in existence on the day before the date of the enactment of this ,act1 and any such rule or regulation shall continue to have full force and effect on and after such date4 7,b7 ,other actions ,notwithstanding the treatment described in paragraph 7#a71 nothing in this ,act may be construed as affecting in any manner any action1 determination1 policy1 or decision pursuant to section #ddb of the ,homeland ,security ,act of #bjjb as in existence on the day before the date of the enactment of this ,act1 and any such action1 determination1 policy1 or decision shall continue to have full force and effect on and after such date4 7c7 ,continuation in office 7#a7 ,director ,the individual serving as the ,director of ,u4,s4 ,immigration and ,customs ,enforcement on the day before the date of the enactment of this ,act 7notwithstanding the treatment described in subsection 7b77#a77 may serve as the ,director of ,u4,s4 ,immigration and ,customs ,enforcement in accordance with section #ddb of the ,homeland ,security ,act of #bjjb1 as amended by subsection 7a71 until the earlier of-- 7,a7 the date on which such individual is no longer eligible to serve as ,director2 or 7,b7 the date on which a person nominated by the ,president to be the ,director is confirmed by the ,senate in accordance with such section #dda4 7#b7 ,other positions ,the individuals serving as the ,deputy ,director1 ,executive ,associate ,directors1 ,deputy ,executive ,associate ,directors1 or similar officers or officials of ,u4,s4 ,immigration and ,customs ,enforcement under section #ddb of the ,homeland ,security ,act of #bjjb on the day before the date of the enactment of this ,act 7notwithstanding the treatment described in subsection 7b77#a77 may serve as the appropriate ,deputy ,director1 ,executive ,associate ,directors1 ,deputy ,executive ,associate ,directors1 ,associate ,directors1 ,deputy ,associate ,directors1 ,assistant ,directors1 and other officers and officials under section #ddb of such ,act1 as amended by subsection 7a71 unless the individual serving as the ,director of ,u4,s4 ,immigration and ,customs ,enforcement determines that another individual should hold such position4 7d7 ,transportation ,paragraph 7#f7 of section #acdd7;b7 of title #ca1 ,united ,states ,code1 is amended by inserting 1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 the ,commissioner of ,customs and ,border ,protection1 before the ,administrator of the ,drug ,enforcement ,administration14 7e7 ,conforming amendments 7#a7 ,title #e ,section #ecad of title #e1 ,united ,states ,code1 is amended by inserting after ,director of the ,bureau of ,citizenship and ,immigration ,services4 the following new item3 ,director of ,u4,s4 ,immigration and ,customs ,enforcement44 7#b7 ,title #ah ,subsection 7d7 of section #ajcj of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a71 by inserting and ,u4,s4 ,immigration and ,customs ,enforcement after ,united ,states ,secret ,service2 7,b7 in paragraph 7#b71 by inserting1 1 in collaboration with ,u4,s4 ,immigration and ,customs ,enforcement after ,federal ,bureau of ,investigation2 and 7,c7 in paragraph 7#c71 by striking ,secretary of the ,treasury and inserting ,secretary of ,homeland ,security4 7#c7 ,trade ,facilitation and ,trade ,enforcement ,act of #bjae ,paragraph 7#b7 of section #hjb7;d7 of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7,public ,law #aad-abe7 is amended by inserting before the period at the end the following3 or the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 as determined by the ,secretary of ,homeland ,security4 7#d7 ,homeland ,security ,act of #bjjb ,title ,,iv of the ,homeland ,security ,act of #bjjb is amended-- 7,a7 in subtitle ,c-- 7i7 in subsection 7e7 of section #dbh 7#f ,u4,s4,c4 #bcf71 by adding at the end the following new paragraph3 7#i7 ,delegated authority ,for purposes of this subsection1 the ,secretary shall act through the ,director of ,u4,s4 ,immigration and ,customs ,enforcement4 2 and 7ii7 in section #dcb 7#f ,u4,s4,c4 #bdj7-- 7,i7 by redesignating subsection 7e7 as subsection 7f72 and 7,,ii7 by inserting after subsection 7d7 the following new subsection3 7e7 ,administration ,the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall administer ,,best units established under this section4 2 7,b7 in subtitle ,d-- 7i7 by amending the subtitle heading to read as follows3 ,u4,s4 ,immigration and ,customs ,enforcement2 and 7ii7 by repealing sections #dde and #ddf 7#f ,u4,s4,c4 #bee and #bef72 7,c7 in subtitle ,e-- 7i7 in subsection 7a77#b77;,c7 of section #dea 7#f ,u4,s4,c4 #bga71 by striking at the same level as the ,assistant ,secretary of the ,bureau of ,border ,security and inserting in accordance with section #ecad of title #e1 ,united ,states ,code2 7ii7 in subsection 7c7 of section #dei 7#f ,u4,s4,c4 #bgf71 by striking ,assistant ,secretary of the ,bureau of ,border ,security and inserting ,director of ,u4,s4 ,immigration and ,customs ,enforcement2 and 7iii7 in subsection 7b77#b77;,a7 of section #dfb 7#f ,u4,s4,c4 #bgi71 in the matter preceding clause 7i71 by striking ,assistant ,secretary of the ,bureau of ,border ,security and inserting ,director of ,u4,s4 ,immigration and ,customs ,enforcement2 and 7,d7 in subtitle ,f1 in subsection 7a77#b77;,b7 of section #dgb 7#f ,u4,s4,c4 #bib71 by striking ,bureau of ,border ,security and inserting ,u4,s4 ,immigration and ,customs ,enforcement4 7f7 ,clerical amendments ,the table of contents in section #a7;b7 of such ,act is amended-- 7#a7 by striking the item relating to subtitle ,d of title ,,iv and inserting the following new item3 ,d ,u4,s4 ,immigration and ,customs ,enforcement 2 and 7#b7 by striking the items relating sections #dde and #ddf4 #dai4 ,biometric ,identification ,transnational ,migration ,alert ,program 7a7 ,in general ,subtitle ,d of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bea et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #dde4 ,biometric ,identification ,transnational ,migration ,alert ,program 7a7 ,establishment ,there is established in the ,department a program to be known as the ,biometric ,identification ,transnational ,migration ,alert ,program 7referred to in this section as ,,bitmap7 to address and reduce national security1 border security1 and terrorist threats before such threats reach the international border of the ,united ,states4 7b7 ,duties ,in carrying out ,,bitmap operations1 the ,secretary1 acting through the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 shall-- 7#a7 coordinate1 in consultation with the ,secretary of ,state1 appropriate representatives of foreign governments1 and the heads of other ,federal agencies1 as appropriate1 to facilitate the voluntary sharing of biometric and biographic information collected from foreign nationals for the purpose of identifying and screening such nationals to identify individuals who may pose a terrorist threat or a threat to national security or border security2 7#b7 provide capabilities1 including training and equipment1 to partner countries to voluntarily collect biometric and biographic identification data from individuals to identify1 prevent1 detect1 and interdict high risk individuals identified as national security1 border security1 or terrorist threats who may attempt to enter the ,united ,states utilizing illicit pathways2 7#c7 provide capabilities1 including training and equipment1 to partner countries to compare foreign data against appropriate ,united ,states national security1 border security1 terrorist1 immigration1 and counter-terrorism data1 including-- 7,a7 the ,federal ,bureau of ,investigation's ,terrorist ,screening ,database1 or successor database2 7,b7 the ,federal ,bureau of ,investigation's ,next ,generation ,identification database1 or successor database2 7,c7 the ,department of ,defense ,automated ,biometric ,identification ,system 7commonly known as ,,abis71 or successor database2 7,d7 the ,department's ,automated ,biometric ,identification ,system 7commonly known as ,,ident71 or successor database2 and 7,e7 any other database1 notice1 or means that the ,secretary1 in consultation with the heads of other ,federal departments and agencies responsible for such databases1 notices1 or means1 designates2 7#d7 provide partner countries with training1 guidance1 and best practices recommendations regarding the enrollment of individuals in ,,bitmap2 and 7#e7 ensure biometric and biographic identification data collected pursuant to ,,bitmap are incorporated into appropriate ,united ,states ,government databases1 in compliance with the policies and procedures established by the ,privacy ,officer appointed under section #bbb4 7c7 ,collaboration ,the ,secretary shall ensure that ,,bitmap operations include participation from relevant components of the ,department1 and request participation from other ,federal agencies1 as appropriate4 ,notwithstanding any other provision of law1 the ,secretary may enter into agreements related to such participation on a reimbursable or non-reimbursable basis1 as appropriate4 7d7 ,agreements ,before carrying out ,,bitmap operations in a foreign country that1 as of the date of the enactment of this section1 was not a partner country described in this section1 the ,secretary1 in consultation with the ,secretary of ,state1 shall enter into agreement or arrangement with the government of such country that sets forth program goals for such country1 includes training1 guidance1 and best practices recommendations regarding the enrollment of individuals in ,,bitmap1 and outlines such operations in such country1 including related departmental operations4 ,such country shall be a partner country described in this section pursuant to and for purposes of such agreement or arrangement4 7e7 ,notification to congress ,not later than #fj days before an agreement or arrangement with the government of a foreign country to carry out ,,bitmap operations in such foreign country enters into force1 the ,secretary shall provide the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate with a copy of such agreement or arrangement to establish such operations1 including the following3 7#a7 ,the identification of the foreign country with which the ,secretary intends to enter into such an agreement or arrangement4 7#b7 ,the location at which such operations will be conducted4 7#c7 ,goals for ,,bitmap operations in the foreign country4 7#d7 ,the terms and conditions for ,department personnel operating at such location4 7f7 ,captured information of united states citizens ,the ,secretary shall ensure that any biometric and biographic identification data of ,united ,states citizens that is captured by ,,bitmap operations is expunged from all databases to which such data was uploaded1 unless such data is retained for specific law enforcement or intelligence purposes4 4 7b7 ,report ,not later than #ahj days after the date on which the ,biometric ,identification ,transnational ,migration ,alert ,program 7,,bitmap7 is established under section #ddg of the ,homeland ,security ,act of #bjjb 7as added by subsection 7a7 of this section7 and annually thereafter for the following five years1 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report that-- 7#a7 outlines the strategic goals and operational plans for ,,bitmap2 7#b7 outlines key efforts and the progress made with each partner country2 7#c7 provides a description of the agreement or arrangement with the government of each partner country1 if practicable2 7#d7 provides budget information related to expenditures in support of ,,bitmap1 including the source of funding and anticipated expenditures2 7#e7 sets forth ,department of ,homeland ,security personnel1 equipment1 and infrastructure support to be used by ,,bitmap1 broken down by country and number2 7#f7 includes the number of individuals each partner country enrolled into ,,bitmap during the reporting period1 broken down by key categories1 as determined by ,u4,s4 ,immigration and ,customs ,enforcement2 7#g7 includes the training1 guidance1 and best practices recommendations provided pursuant to subsection 7b77#d7 of such section #ddg2 7#h7 includes a review of the redress process for ,,bitmap2 and 7#i7 details the effectiveness of ,,bitmap operations in enhancing national security1 border security1 and counterterrorism operations4 7c7 ,briefings ,not later than #cj days after each report is submitted pursuant to subsection 7b71 the ,secretary of ,homeland ,security shall brief the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives regarding-- 7#a7 individuals enrolled in ,,bitmap who have been apprehended at the ,united ,states border or in the interior of the ,united ,states2 and 7#b7 asylum claims that were submitted by individuals who are enrolled in ,,bitmap4 7d7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #ddd the following new item3 ,sec4 #dde4 ,biometric ,identification ,transnational ,migration ,alert ,program4 4 #dbj4 ,reporting of visa overstays ,section #b of ,public ,law #aje-agc 7#h ,u4,s4,c4 #acgf7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7,b7 by inserting before the period at the end the following3 1 and any additional information that the ,secretary determines necessary for purposes of the report under subsection 7b72 and 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,annual report ,not later than ,september #cj1 #bjba1 and not later than ,september #cj of each year thereafter1 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security and the ,committee on the ,judiciary of the ,house of ,representatives and to the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on the ,judiciary of the ,senate a report providing1 for the preceding fiscal year1 numerical estimates 7including information on the methodology utilized to develop such numerical estimates7 of the following3 7#a7 ,for each country1 the number of aliens from the country who are described in subsection 7a71 including the following3 7,a7 ,the total number of such aliens within all classes of nonimmigrant aliens described in section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae774 7,b7 ,the number of such aliens within each of the classes of nonimmigrant aliens1 as well as the number of such aliens within each of the subclasses of such classes of nonimmigrant aliens1 as applicable4 7#b7 ,for each country1 the percentage of the total number of aliens from the country who were present in the ,united ,states and were admitted to the ,united ,states as nonimmigrants who are described in subsection 7a74 7#c7 ,the number of aliens described in subsection 7a7 who arrived by land at a port of entry into the ,united ,states4 7#d7 ,the number of aliens described in subsection 7a7 who entered the ,united ,states using a border crossing identification card 7as such term is defined in section #aja7;a77#f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#f7774 7#e7 ,the number of ,canadian nationals who entered the ,united ,states without a visa whose authorized period of stay in the ,united ,states terminated during the previous fiscal year1 but who remained in the ,united ,states4 4 #dba4 ,student and exchange visitor information system verification ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall ensure that the information collected under the program established under section #fda of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7 is available to officers of ,u4,s4 ,customs and ,border ,protection for the purpose of conducting primary inspections of aliens seeking admission to the ,united ,states at each port of entry of the ,united ,states4 #dbb4 ,social media review of visa applicants 7a7 ,in general ,subtitle ,d of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bca et seq471 as amended by this title1 is further amended by adding at the end the following new sections3 #ddf4 ,social media screening 7a7 ,in general ,not later than #ahj days after the date of the enactment of this section1 the ,secretary shall1 to the greatest extent practicable1 and in a risk based manner and on an individualized basis1 begin reviewing the social media accounts of certain visa applicants who are citizens of1 or who reside in1 high-risk countries1 as determined by the ,secretary based on the criteria described in subsection 7b74 7b7 ,high-,risk criteria described ,in determining whether a country is high-risk pursuant to subsection 7a71 the ,secretary1 in consultation with the ,secretary of ,state1 shall consider the following criteria3 7#a7 ,the number of nationals of the country who were identified in ,united ,states ,government databases related to the identities of known or suspected terrorists during the previous year4 7#b7 ,the level of cooperation of the country with the counter-terrorism efforts of the ,united ,states4 7#c7 ,the number of counterintelligence1 intellectual property theft1 and counterproliferation cases involving nationals of the country4 7#d7 ,any other criteria the ,secretary determines appropriate4 7c7 ,collaboration ,to carry out the requirements of subsection 7a71 the ,secretary may collaborate with the following3 7#a7 ,the head of a national laboratory within the ,department's laboratory network with relevant expertise4 7#b7 ,the head of a relevant university-based center within the ,department's centers of excellence network4 7#c7 ,the heads of other appropriate ,federal agencies4 7d7 ,waiver ,the ,secretary1 in collaboration with the ,secretary of ,state1 is authorized to waive the requirements of subsection 7a7 as necessary to comply with international obligations of the ,united ,states4 #ddg4 ,open source screening ,the ,secretary shall1 to the greatest extent practicable1 and in a risk based manner1 review open source information of visa applicants4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb1 is amended by inserting after the item relating to section #dde1 as added by this title1 the following new items3 ,sec4 #ddf4 ,social media screening4 ,sec4 #ddg4 ,open source screening4 4 #dbc4 ,homeland security investigations national gang unit 7a7 ,in general ,subtitle ,d of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bca et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #ddh4 ,national ,gang ,unit 7a7 ,establishment ,there is established within the ,department a program1 which shall be known as the ,homeland ,security ,investigations ,national ,gang ,unit 7referred to in this section as ,national ,gang ,unit4 ,the ,national ,gang ,unit shall be headed by an ,assistant ,director1 who shall be appointed by the ,executive ,associate ,director of ,united ,states ,immigration and ,customs ,enforcement1 ,homeland ,security ,investigations4 7b7 ,purpose ,the purpose of the ,national ,gang ,unit shall be to-- 7#a7 lead homeland security investigations into transnational criminal gang activity2 and 7#b7 form partnerships with regional stakeholders to target gangs1 suppress violence and prosecute criminal enterprises4 7c7 ,task forces ,the ,national ,gang ,unit shall establish and lead regionally based task force units focused on combating transnational gang activity4 ,such task force units shall incorporate the following3 7#a7 ,homeland ,security ,investigations personnel4 7#b7 ,school ,resource ,officers4 7#c7 ,state and local law enforcement4 7#d7 ,personnel from other relevant agencies or organizations4 7d7 ,information sharing 7#a7 ,provided to homeland security ,before placing an unaccompanied alien child with an individual1 the ,secretary of ,health and ,human ,services shall provide to the ,secretary of ,homeland ,security any disclosed gang affiliation information the unaccompanied alien child provided to the ,department of ,health and ,human ,services1 including factual information provided by employees and contractors of the ,department related to patterns of violent behavior or suspected gang affiliation while under their supervision4 7#b7 ,provided to the ,national ,gang ,unit ,the ,secretary of ,homeland ,security shall share the information provided pursuant to paragraph 7#a7 with relevant ,national ,gang ,unit task force units4 7e7 ,effective date ,this section shall apply to any unaccompanied alien child apprehended on or after the date of the enactment of this section4 7f7 ,authorization of appropriations ,there is authorized to be appropriated #e1jjj1jjj for each of fiscal years #bjba and #bjbb to carry out this section4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #ddg1 as added by this title1 the following new item3 ,sec4 #ddh4 ,national ,gang ,unit4 4 #dbd4 ,homeland security investigations transnational criminal investigative units 7a7 ,in general ,subtitle ,d of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bca et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #ddi4 ,transnational criminal investigative units 7a7 ,establishment ,there is established within the ,department a program1 which shall be known as the ,homeland ,security ,investigations ,transnational ,criminal ,investigative ,unit ,program 7referred to in this section as ,,tciu ,program74 ,the ,,tciu ,program shall be headed by an ,assistant ,director1 who shall be appointed by the ,executive ,associate ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 ,homeland ,security ,investigations4 7b7 ,purpose ,the purpose of the ,,tciu ,program shall be to-- 7#a7 lead homeland security investigations into transnational criminal organizations2 and 7#b7 enhance cooperation between ,homeland ,security ,investigations and trusted and vetted foreign law enforcement partners in order to identify targets1 collect evidence1 share information1 and facilitate the prosecution of transnational criminal organizations both in-country and through the ,united ,states judicial system4 7c7 ,authorization of appropriations ,there is authorized to be appropriated1 #e1jjj1jjj for each of fiscal years #bjba and #bjbb to carry out this section4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #ddh1 as added by this title1 the following new item3 ,sec4 #ddi4 ,transnational criminal investigative units4 4 #dbe4 ,homeland ,security ,investigations ,innovation ,lab 7a7 ,in general ,subtitle ,d of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bca et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #dej4 ,innovation lab 7a7 ,establishment ,there is established within the ,department a program1 which shall be known as the ,homeland ,security ,investigations ,innovation ,lab 7referred to in this section as ,innovation ,lab4 ,the ,innovation ,lab shall be headed by an ,assistant ,director1 who shall be appointed by the ,executive ,associate ,director of ,united ,states ,immigration and ,customs ,enforcement1 ,homeland ,security ,investigations4 7b7 ,purpose ,the purpose of the ,innovation ,lab shall be to improve investigative efficiency and mission-critical outcomes by enhancing and streamlining data processing1 agility1 assessment1 visualization1 and analysis of homeland security data1 using innovative and emerging technologies and best practices for design principles4 ,innovation ,lab efforts shall be informed by designated field agents and analysts with relevant experience4 7c7 ,co-,location ,the ,secretary of ,homeland ,security shall1 if practicable1 co-locate ,innovation ,lab personnel and office space with other existing assets of-- 7#a7 the ,department of ,homeland ,security1 where possible2 or 7#b7 ,federal facilities1 where appropriate4 7d7 ,composition ,the ,innovation ,lab shall be comprised of personnel from the following3 7#a7 ,homeland ,security ,investigations of ,u4,s4 ,immigration and ,customs ,enforcement4 7#b7 ,other appropriate agencies as determined by the ,secretary4 7#c7 ,the private sector1 including developers with specializations in innovative and emerging technology1 back end architecture1 or user interface design4 7#d7 ,academic institutions1 including members of the ,department of ,homeland ,security ,centers of ,excellence4 7e7 ,prioritization ,the ,innovation ,lab shall prioritize new projects based on communicated investigative challenges experienced by each ,homeland ,security ,investigations field office4 ,such communication may be incorporated in existing annual threat analyses conducted by ,homeland ,security ,investigations4 7f7 ,authorization of appropriations ,there is authorized to be appropriated #bd1gjj1jjj for fiscal year #bjba and #bg1gjj1jjj for fiscal year #bjbb to carry out this section4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #ddi1 as added by this title1 the following new item3 ,sec4 #dej4 ,innovation lab4 4 #dbf4 ,establishment of ,united ,states ,citizenship and ,immigration ,services 7a7 ,in general ,section #dea of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bga7 is amended to read as follows3 #dea4 ,united ,states ,citizenship and ,immigration ,services 7a7 ,establishment ,there is established within the ,department an agency to be known as ,united ,states ,citizenship and ,immigration ,services4 7b7 ,director of ,united ,states ,citizenship and ,immigration ,services ,there shall be at the head of ,united ,states ,citizenship and ,immigration ,services a ,director of ,united ,states ,citizenship and ,immigration ,services 7in this section referred to as the ,director74 7c7 ,duties and qualifications ,the ,director shall-- 7#a7 have a minimum of five years of management experience2 7#b7 establish national immigration services policies and priorities2 7#c7 meet regularly with the ,citizenship and ,immigration ,services ,ombudsman 7established in section #deb7 to correct serious problems identified by such ,ombudsman2 7#d7 advise the ,secretary with respect to any policy or operation of ,united ,states ,citizenship and ,immigration ,services that may significantly affect another component or office of the ,department2 7#e7 carry out-- 7,a7 the adjudication of nonimmigrant and immigrant visa petitions2 7,b7 the adjudication of naturalization applications2 7,c7 the adjudication of asylum and refugee applications2 7,d7 adjudications performed at ,united ,states ,citizenship and ,immigration ,services service centers2 and 7,e7 all other adjudications formerly performed pursuant to this section by the ,immigration and ,naturalization ,service1 the ,bureau of ,citizenship and ,immigration ,services1 or ,united ,states ,citizenship and ,immigration ,services1 as the case may be1 on the day before the date of the enactment of this section2 and 7#f7 carry out other duties and powers prescribed by law or delegated by the ,secretary4 7d7 ,deputy ,director ,there shall be in ,united ,states ,citizenship and ,immigration ,services a ,deputy ,director1 who shall assist the ,director in the management of ,united ,states ,citizenship and ,immigration ,services4 7e7 ,chief ,counsel ,there shall be in ,united ,states ,citizenship and ,immigration ,services a ,chief ,counsel1 who shall-- 7#a7 provide specialized legal advice1 opinions1 determinations1 and any other assistance to the ,director with respect to legal matters affecting ,united ,states ,citizenship and ,immigration ,services2 7#b7 represent ,united ,states ,citizenship and ,immigration ,services in visa petition appeal proceedings before the ,executive ,office for ,immigration ,review2 and 7#c7 carry out other duties and powers prescribed by the ,secretary4 7f7 ,chief of ,policy and ,strategy ,there shall be in ,united ,states ,citizenship and ,immigration ,services a ,chief of ,policy and ,strategy1 who shall-- 7#a7 make policy recommendations and perform policy research and analysis on immigration services issues2 7#b7 coordinate immigration policy issues with other appropriate components and offices of the ,department2 and 7#c7 carry out other duties and powers prescribed by the ,secretary4 7g7 ,office of ,citizenship 7#a7 ,in general ,there is established in ,united ,states ,citizenship and ,immigration ,services the ,office of ,citizenship4 7#b7 ,chief ,there shall be at the head of the ,office of ,citizenship a ,chief1 who shall report to the ,director4 7#c7 ,duties ,the ,chief of the ,office of ,citizenship shall-- 7,a7 promote instruction and training on citizenship responsibilities1 including the development of education materials and develop initiatives to foster the civic integration of immigrants1 for aliens interested in becoming naturalized citizens of the ,united ,states2 and 7,b7 carry out other duties and powers prescribed by the ,director4 7h7 ,fraud ,detection and ,national ,security ,directorate 7#a7 ,in general ,there is established in ,united ,states ,citizenship and ,immigration ,services a ,fraud ,detection and ,national ,security ,directorate4 7#b7 ,associate ,director ,there shall be at the head of the ,fraud ,detection and ,national ,security ,directorate an ,associate ,director1 who shall report to the ,director4 7#c7 ,duties ,the ,associate ,director of the ,fraud ,detection and ,national ,security ,directorate shall-- 7,a7 ensure immigration benefits are not granted to individuals who-- 7i7 pose a threat to national security or public safety2 7ii7 are known or suspected terrorists2 or 7iii7 seek to defraud or have previously sought to or have defrauded the immigration system of the ,united ,states2 7,b7 conduct security and background investigations of applicants for immigration benefits and develop systems and techniques for identifying immigration benefit fraud2 7,c7 conduct targeted site visits in cases in which fraud is suspected2 7,d7 investigate and refer to ,u4,s4 ,immigration and ,customs ,enforcement1 where appropriate1 incidents of suspected fraud1 national security concerns1 or other civil and criminal violations of immigration laws2 and 7,e7 carry out other duties and powers prescribed by the ,director4 7i7 ,field ,operations ,directorate 7#a7 ,in general ,there is established in ,united ,states ,citizenship and ,immigration ,services a ,field ,operations ,directorate4 7#b7 ,associate ,director ,there shall be at the head of the ,field ,operations ,directorate an ,associate ,director1 who shall report to the ,director4 7#c7 ,duties ,the ,associate ,director of the ,field ,operations ,directorate shall-- 7,a7 oversee the domestic regional offices1 district offices1 field offices1 and field support offices of ,united ,states ,citizenship and ,immigration ,services2 7,b7 adjudicate applications and petitions for immigration benefits2 7,c7 interview applicants for immigration benefits2 7,d7 conduct security and background investigations of applicants for immigration benefits and develop systems and techniques for identifying immigration benefit fraud2 and 7,e7 carry out other duties and powers prescribed by the ,director4 7j7 ,refugee1 ,asylum1 and ,international ,operations ,directorate 7#a7 ,in general ,there is established in ,united ,states ,citizenship and ,immigration ,services a ,refugee1 ,asylum1 and ,international ,operations ,directorate4 7#b7 ,associate ,director ,there shall be at the head of the ,refugee1 ,asylum1 and ,international ,operations ,directorate an ,associate ,director1 who shall report to the ,director4 7#c7 ,duties ,the ,associate ,director of the ,refugee1 ,asylum1 and ,international ,operations ,directorate shall-- 7,a7 adjudicate asylum and refugee applications2 7,b7 conduct screenings on individuals seeking to enter the ,united ,states and migrants interdicted at sea2 7,c7 adjudicate parole requests from individuals residing outside the ,united ,states for humanitarian or public benefit reasons2 7,d7 perform other authorized functions of ,united ,states ,citizenship and ,immigration ,services outside the ,united ,states2 7,e7 conduct security and background investigations of applicants for immigration benefits and develop systems and techniques for identifying immigration benefit fraud2 and 7,f7 carry out other duties and powers prescribed by the ,director4 7k7 ,immigration ,record and ,identity ,services ,directorate 7#a7 ,in general ,there is established in ,united ,states ,citizenship and ,immigration ,services an ,immigration ,records and ,identity ,services ,directorate4 7#b7 ,associate ,director ,there shall be at the head of the ,immigration ,records and ,identity ,services ,directorate an ,associate ,director1 who shall report to the ,director4 7#c7 ,duties ,the ,associate ,director of the ,immigration ,records and ,identity ,services ,directorate shall-- 7,a7 collect and disseminate biometric information to support the integrity of the immigration system2 7,b7 manage the employment verification system pursuant to #djd7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note71 or successor provision2 7,c7 manage the automated system known as the ,systematic ,alien ,verification for ,entitlements1 or successor system1 to assist ,federal1 ,state1 and local benefit issuing agencies to determine the immigration status of benefit applicants2 7,d7 provide appropriate information1 including immigration status and employment authorization information1 to relevant customers and stakeholders2 and 7,e7 carry out other duties and powers prescribed by the ,director4 7l7 ,service ,center ,operations ,directorate 7#a7 ,in general ,there is established in ,united ,states ,citizenship and ,immigration ,services a ,service ,center ,operations ,directorate4 7#b7 ,associate ,director ,there shall be at the head of the ,service ,center ,operations ,directorate an ,associate ,director1 who shall report to the ,director4 7#c7 ,duties ,the ,associate ,director of the ,service ,center ,operations ,directorate shall-- 7,a7 oversee the adjudication of employment-based applications and petitions at ,united ,states ,citizenship and ,immigration ,services service centers2 7,b7 conduct security and background investigations of applicants for immigration benefits and develop systems and techniques for identifying immigration benefit fraud2 7,c7 manage the employment creation visa program under section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e772 and 7,d7 carry out other duties and powers prescribed by the ,director4 7m7 ,other authorities 7#a7 ,in general ,the ,secretary may establish such other ,associate ,directors1 or other similar positions or officials1 as the ,secretary determines necessary to carry out the missions1 duties1 functions1 and authorities of ,united ,states ,citizenship and ,immigration ,services4 7#b7 ,notification ,if the ,secretary exercises the authority provided pursuant to paragraph 7#a71 the ,secretary shall notify the ,committee on ,homeland ,security and the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on the ,judiciary of the ,senate not later than #cj days before exercising such authority4 4 7b7 ,special rules 7#a7 ,treatment ,section #dea of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bga71 as amended by subsection 7a7 of this section1 shall be treated as if included in such ,act as of the date of the enactment of such ,act4 ,in addition to the functions1 missions1 duties1 and authorities specified in such amended section #dea1 ,united ,states ,citizenship and ,immigration ,services shall continue to perform and carry out the functions1 missions1 duties1 and authorities under section #dea of such ,act as in existence on the day before such date of enactment 7notwithstanding the treatment described in this paragraph74 7#b7 ,rules of construction 7,a7 ,rules and regulations ,notwithstanding the treatment described in paragraph 7#a71 nothing in this ,act may be construed as affecting in any manner any rule or regulation issued or promulgated pursuant to any provision of law1 including section #dea of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bga71 as in existence on the day before the date of the enactment of this ,act1 and any such rule or regulation shall continue to have full force and effect on and after such date4 7,b7 ,other actions ,notwithstanding the treatment described in paragraph 7#a71 nothing in this ,act may be construed as affecting in any manner any action1 determination1 policy1 or decision pursuant to section #dea of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bga7 as in existence on the day before the date of the enactment of this ,act1 and any such action1 determination1 policy1 or decision shall continue to have full force and effect on and after such date4 7c7 ,continuation in office 7#a7 ,director ,the individual serving as ,director of ,united ,states ,citizenship and ,immigration ,services on the day before the date of the enactment of this ,act may1 notwithstanding the treatment provision under paragraph 7#a7 of subsection 7b71 continue to serve as the ,director of ,united ,states ,citizenship and ,immigration ,services on and after such date of enactment in accordance with section #dea of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bga71 as amended by subsection 7a7 of this section1 until the earlier of-- 7,a7 the date on which such individual is no longer eligible to serve as ,director2 or 7,b7 the date on which a person nominated by the ,president to be the ,director is confirmed by the ,senate in accordance with such amended section #dea4 7#b7 ,other positions ,the individuals serving as ,chiefs1 ,associate ,directors and other officers and officials under section #dea of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bga7 on the day before the date of the enactment of this ,act may1 notwithstanding the treatment provision under paragraph 7#a7 of subsection 7b71 serve as the appropriate ,chiefs1 ,assistant ,directors and other officers and officials under such section #dea as amended by subsection 7a7 of this section unless the ,director of ,united ,states ,citizenship and ,immigration ,services determines that another individual should hold such position4 7d7 ,references 7#a7 ,title #e ,section #ecad of title #e1 ,united ,states ,code1 is amended by striking ,director of the ,bureau of ,citizenship and ,immigration ,services and inserting ,director of ,united ,states ,citizenship and ,immigration ,services1 ,department of ,homeland ,security4 7#b7 ,other references ,on and after the date of the enactment of this ,act1 any reference in any other ,federal law1 ,executive order1 rule1 regulation1 or delegation of authority to the ,director of the ,bureau of ,citizenship and ,immigration ,services or the ,bureau of ,citizenship and ,immigration ,services shall be deemed to be a reference to the ,director of ,united ,states ,citizenship and ,immigration ,services or ,united ,states ,citizenship and ,immigration ,services1 respectively4 7e7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by amending the item relating to section #dea to read as follows3 ,sec4 #dea4 ,united ,states ,citizenship and ,immigration ,services4 4 7f7 ,conforming amendments ,the ,homeland ,security ,act of #bjjb is amended-- 7#a7 in subparagraph 7,e7 of section #ajc7;a7 7#f ,u4,s4,c4 #aac7;a771 by striking ,a ,director of the ,bureau of ,citizenship and ,immigration ,services and inserting ,a ,director of ,united ,states ,citizenship and ,immigration ,services2 7#b7 in section #deb 7#f ,u4,s4,c4 #bgb7-- 7,a7 in paragraphs 7#a71 7#b71 and 7#c7 of subsection 7b71 by striking the ,bureau of ,citizenship and ,immigration ,services each place it appears and inserting ,united ,states ,citizenship and ,immigration ,services2 7,b7 in subsection 7c7-- 7i7 in subparagraphs 7,a7 and 7,e7 of paragraph 7#a71 by striking the ,bureau of ,citizenship and ,immigration ,services each place it appears and inserting ,united ,states ,citizenship and ,immigration ,services2 and 7ii7 in paragraph 7#b71 by striking ,director of the ,bureau of ,citizenship and ,immigration ,services and inserting ,director of ,united ,states ,citizenship and ,immigration ,services2 7,c7 in subsection 7d7-- 7i7 in paragraph 7#b71 by striking the ,bureau of ,citizenship and ,immigration ,services and inserting ,united ,states ,citizenship and ,immigration ,services2 and 7ii7 paragraph 7#d71 by striking ,director of the ,bureau of ,citizenship and ,immigration ,services and inserting ,director of ,united ,states ,citizenship and ,immigration ,services2 7,d7 in paragraph 7#b7 of subsection 7e71 by striking the ,bureau of ,citizenship and ,immigration ,services and inserting ,united ,states ,citizenship and ,immigration ,services2 7,e7 in subsection 7f7-- 7i7 in the heading1 by striking ,bureau of ,citizenship and ,immigration ,services and inserting ,united ,states ,citizenship and ,immigration ,services2 and 7ii7 by striking ,director of the ,bureau of ,citizenship and ,immigration ,services and inserting ,director of ,united ,states ,citizenship and ,immigration ,services2 and 7,f7 in subsection 7g7-- 7i7 in subparagraphs 7,b7 and 7,d7 of paragraph 7#a71 by striking the ,bureau of ,citizenship and ,immigration ,services each place it appears and inserting ,united ,states ,citizenship and ,immigration ,services2 and 7ii7 in paragraph 7#b71 by striking the ,bureau of ,citizenship and ,immigration ,services each place it appears and inserting ,united ,states ,citizenship and ,immigration ,services2 7#c7 in section #dec 7#f ,u4,s4,c4 #bgc7-- 7,a7 in subsection 7a7-- 7i7 in the matter preceding paragraph 7#a71 by striking ,director of the ,bureau of ,citizenship and ,immigration ,services and inserting ,director of ,united ,states ,citizenship and ,immigration ,services2 7ii7 in paragraphs 7#a7 and 7#c71 by striking the ,bureau of ,citizenship and ,immigration ,services each place it appears and inserting ,united ,states ,citizenship and ,immigration ,services2 and 7iii7 in paragraph 7#b7-- 7,i7 by striking the ,bureau of ,citizenship and ,immigration ,services and inserting ,united ,states ,citizenship and ,immigration ,services2 and 7,,ii7 by striking such bureau and inserting ,united ,states ,citizenship and ,immigration ,services2 and 7,b7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking ,bureau of ,citizenship and ,immigration ,services and inserting ,united ,states ,citizenship and ,immigration ,services2 7#d7 in section #def 7#f ,u4,s4,c4 #bge7 by striking ,director of the ,bureau of ,citizenship and ,immigration ,services each place it appears and inserting ,director of ,united ,states ,citizenship and ,immigration ,services2 7#e7 in subparagraph 7,a7 of section #dfb7;b77#b7 7#f ,u4,s4,c4 #bgi7;b77#b771 by striking ,director of the ,bureau of ,citizenship and ,immigration ,services and inserting ,director of ,united ,states ,citizenship and ,immigration ,services2 7#f7 in subsections 7a71 7b71 and 7d7 of section #dgf 7#f ,u4,s4,c4 #bif71 by striking the ,bureau of ,citizenship and ,immigration ,services each place it appears and inserting ,united ,states ,citizenship and ,immigration ,services2 and 7#g7 in section #dgh 7#f ,u4,s4,c4 #bih7-- 7,a7 by striking subsection 7b72 7,b7 by striking the following3 7a7 ,annual report 7#a7 ,in general ,one year after 2 7,c7 by inserting the following3 7a7 ,in general ,one year after 2 7,d7 by striking the following3 7#b7 ,matter included ,the report shall 2 7,e7 by inserting the following3 7b7 ,matter included ,the report shall 2 7,f7 by redesignating subparagraphs 7,a7 through 7,h7 as paragraphs 7#a7 through 7#h71 respectively2 and 7,g7 by striking ,the ,department of ,justice in new paragraph 7#e7 and replacing it with ,the ,department of ,homeland ,security4 7g7 ,repeals 7#a7 ,in general ,the following provisions of the ,homeland ,security ,act of #bjjb are repealed3 7,a7 ,section #dei 7#f ,u4,s4,c4 #bgf74 7,b7 ,section #dfj 7#f ,u4,s4,c4 #bgg74 7,c7 ,section #dfa 7#f ,u4,s4,c4 #bgh74 7,d7 ,section #dgb 7#f ,u4,s4,c4 #bib74 7,e7 ,section #dgc 7#f ,u4,s4,c4 #bic74 7,f7 ,section #dgd 7#f ,u4,s4,c4 #bid74 7,g7 ,section #dge 7#f ,u4,s4,c4 #bie74 7,h7 ,section #dgg 7#f ,u4,s4,c4 #big74 7#b7 ,clerical amendments ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by striking the items relating to the following sections3 7,a7 ,section #dei4 7,b7 ,section #dfj4 7,c7 ,section #dfa4 7,d7 ,section #dgb4 7,e7 ,section #dgc4 7,f7 ,section #dgd4 7,g7 ,section #dge4 7,h7 ,section #dgg4 7h7 ,employee discipline ,section #ded of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgd7 is amended to read as follows3 #ded4 ,employee discipline ,notwithstanding any other provision of law1 the ,secretary may impose disciplinary action on any employee of ,united ,states ,citizenship and ,immigration ,services who knowingly deceives ,congress or agency leadership on any matter4 4 7i7 ,combination prohibition 7#a7 ,in general ,section #dga of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bia7 is amended to read as follows3 #dga4 ,combination prohibition ,the authority provided by section #aejb may be used to reorganize functions or organizational units within ,u4,s4 ,immigration and ,customs ,enforcement or ,united ,states ,citizenship and ,immigration ,services1 but may not be used to combine the two components into a single agency or otherwise to combine1 join1 or consolidate functions or organizational units of the two components with each other4 4 7#b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by amending the item relating to section #dga to read as follows3 ,sec4 #dga4 ,combination prohibition4 4 #dbg4 ,fraud prevention 7a7 ,prospective analytics technology 7#a7 ,plan for implementation ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall develop a plan to digitize the remaining paper biometrics files of past immigration benefits applications and use advanced analytics software to ensure the proactive detection of fraud in immigration benefits applications and petitions and to ensure that any such applicant or petitioner does not pose a threat to national security4 7#b7 ,implementation of plan ,not later than one year after the date of the submission of the plan under subsection 7#a71 the ,secretary of ,homeland ,security shall begin implementation of the plan4 #dbh4 ,border ,security and ,trade ,modernization ,trust ,fund 7a7 ,border security trust fund ,subtitle ,c of title ,,iv of the ,homeland ,security ,act of #bjjb1 as amended by this title1 is further amended by adding at the end the following new section3 #dch4 ,border ,security and ,trade ,modernization ,trust ,fund 7a7 ,establishment ,there is hereby established in the ,treasury of the ,united ,states a trust fund to be known as the ,border ,security and ,trade ,modernization ,trust ,fund 7in this section referred to as the ,fund74 7b7 ,deposits to the fund ,there shall be deposited in the ,fund the following3 7#a7 ,amounts authorized and appropriated to that ,fund4 7#b7 ,surcharges established in subsection 7f74 7#c7 ,gifts accepted pursuant to subsection 7g74 7#d7 ,penalties collected under subchapter ,,ii of chapter #ab of title #h1 ,united ,states ,code4 7c7 ,use of amounts in fund 7#a7 ,the ,secretary may use amounts in the fund without further appropriation to carry out the following activities included in the ,border ,security ,improvement ,plan submitted under section #dci3 7,a7 ,acquisition1 construction1 and installation of physical barriers1 tactical infrastructure1 cameras1 sensors and other technology4 7,b7 ,acquisition1 construction1 renovation1 and improvement of short-term detention facilities used for processing of individuals detained by ,u4,s4 ,customs and ,border ,protection and long-term detention facilities used for individuals detained by ,u4,s4 ,immigration and ,customs ,enforcement1 including facilities to accommodate family units4 7,c7 ,acquisition1 construction1 renovation1 and improvement of port of entry facilities4 7#b7 ,amounts in the fund shall remain available until expended4 7d7 ,limitation on expenditure 7#a7 ,amounts deposited in the ,fund may not be used for any activity except those provided for in this section4 7#b7 ,the ,secretary may not expend amounts from the ,fund in any fiscal year in which the ,border ,security ,improvement ,plan has not been submitted pursuant to section #dci4 7e7 ,limitation on obligation ,the ,secretary may not incur an obligation under a contract or other agreement entered into to carry out an activity under this section in excess of the unobligated balance1 at the time the contract or agreement is entered into1 of the ,fund required to be used to satisfy the obligation4 7f7 ,border security surcharge 7#a7 ,in general ,notwithstanding any other provision of law-- 7,a7 the ,secretary shall charge a surcharge of-- 7i7 #dj on the immigrant user fee established under section #bhf7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m772 and 7ii7 #f on the land border inspection fee established under section #bhf7q7 of such ,act 7#h ,u4,s4,c4 #acef7q772 and 7,b7 the ,secretary of ,state shall charge a surcharge of #bj on the machine-readable visa fee established under section #ajc of the ,enhanced ,border ,security and ,visa ,entry ,reform ,act of #bjjb 7#h ,u4,s4,c4 #agac74 7#b7 ,deposit of surcharges ,surcharges collected under this subsection shall be deposited in the ,fund established under this section4 7g7 ,acceptance of donations ,notwithstanding section #caac of title #ca1 the ,secretary of the ,treasury may accept for the ,government a gift of money for deposit in the ,fund4 7h7 ,sunset ,amounts may not be deposited in the ,fund and surcharges authorized under subsection 7f7 may not be collected on the date that is the sooner of-- 7#a7 the date on which the ,secretary notifies the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate that amounts deposited in the ,fund exceed #ce1jjj1jjj1jjj2 or 7#b7 #ae years after the first date on which amounts are deposited in the ,fund under subsection 7b74 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #dcg1 as added by this title1 the following new item3 ,sec4 #dch4 ,border ,security and ,trade ,modernization ,trust ,fund4 4 7c7 ,conforming amendment ,notwithstanding any other provision of law1 penalties collected under subchapter ,,ii of chapter #ab of title #h1 ,united ,states ,code1 shall be deposited in the ,border ,security and ,trade ,modernization ,trust ,fund established under section #dch of the ,homeland ,security ,act of #bjjb1 as added by this section4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,border ,security and ,trade ,modernization ,trust ,fund established under section #dch of the ,homeland ,security ,act of #bjjb1 as added by this section1 #d1ejj1jjj1jjj for each of fiscal years #bjba and #bjbb4 #dbi4 ,border security improvement plan 7a7 ,in general ,subtitle ,c of title ,,iv of the ,homeland ,security ,act of #bjjb1 as amended by this title1 is further amended by adding at the end the following3 #dci4 ,border security improvement plan 7a7 ,in general ,on the date the ,president submits to ,congress a budget pursuant to section #aaje of title #ca1 ,united ,states ,code1 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,comptroller ,general of the ,united ,states a risk-based plan for improving security along the land borders of the ,united ,states4 7b7 ,topics ,the plan required under subsection 7a7 shall include a needs assessment and prioritization of projects regarding the following3 7#a7 ,physical barriers1 fencing1 and tactical infrastructure4 7#b7 ,border ,patrol mission-related technology including cameras1 sensors1 anti-tunnel detection1 persistent surveillance and mobile and relocatable technologies4 7#c7 ,border ,patrol access to the border including patrol roads and lighting4 7#d7 ,office of ,field ,operations mission-related port of entry technology including non-intrusive inspection systems4 7#e7 ,office of ,field ,operations port of entry and facility modernization4 7#f7 ,border ,patrol interior checkpoint and facility modernization4 7#g7 ,customs and ,border ,protection short-term detention capacity4 7#h7 ,immigration and ,customs ,enforcement long-term detention facility capacity4 7c7 ,elements ,the plan required under subsection 7a7 shall include the following elements3 7#a7 ,a statement of goals1 objectives1 activities1 and milestones for the plan4 7#b7 ,a detailed implementation schedule for the plan1 including estimates for the planned obligation of funds for the following five fiscal years that are linked to the milestone-based delivery of specific-- 7,a7 capabilities and services2 7,b7 mission benefits and outcomes2 7,c7 program management capabilities2 and 7,d7 life cycle cost estimates4 7#c7 ,a description of the manner in which specific projects under the plan will enhance border security goals and objectives and address the highest priority border security needs4 7#d7 ,an identification of the planned locations1 quantities1 and types of projects considered under the plan4 7#e7 ,a description of the methodology and analyses used to inform the assessment conducted pursuant to subparagraph 7b7 for deployment to particular locations under the plan that includes the following3 7,a7 ,analyses of alternatives1 where appropriate1 including comparative costs and benefits4 7,b7 ,an assessment of effects on relevant government and non-government stakeholders4 7,c7 ,a description of other factors critical to the decision-making process4 7#f7 ,an identification of staffing requirements under the plan1 including full-time equivalents1 contractors1 and detailed personnel1 disaggregated by activity4 7#g7 ,a description of performance metrics for the plan for assessing and reporting on the contributions of border security capabilities realized from current and future investments4 7#h7 ,a migrant surge response plan to improve the ,department of ,homeland ,security response rate to future crises4 7#i7 ,a description of the status of the actions of the ,department of ,homeland ,security to address open recommendations by the ,office of the ,inspector ,general of the ,department and the ,government ,accountability ,office relating to border security1 including plans1 schedules1 and associated milestones for fully addressing such recommendations4 7#aj7 ,a plan to consult ,state and local elected officials on the eminent domain and construction process relating to physical barriers 7except that such requirement may be satisfied through the submission of existing plans74 7#aa7 ,certifications by the ,under ,secretary for ,management of the ,department of ,homeland ,security that-- 7,a7 the plan has been reviewed and approved in accordance with an acquisition review management process that complies with capital planning and investment control and review requirements established by the ,office of ,management and ,budget1 including as provided in ,circular ,a-#aa1 part #g2 and 7,b7 all activities under the plan comply with ,federal acquisition rules1 requirements1 guidelines1 and practices4 7d7 ,,gao evaluation ,not later than #abj days after receipt of the plan required under subsection 7a7 by the ,comptroller ,general of the ,united ,states1 the ,comptroller ,general shall evaluate the plan and report to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate on any concerns or recommendations for improvement1 as the ,comptroller ,general determines appropriate4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #dch1 as added by this title1 the following new item3 ,sec4 #dci4 ,border security improvement plan4 4 #dcj4 ,integrated ,border ,enforcement ,teams 7a7 ,in general ,subtitle ,c of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bca et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #ddj4 ,integrated ,border ,enforcement ,teams 7a7 ,establishment ,there is established within the ,department a program to be known as the ,integrated ,border ,enforcement ,team program 7referred to in this section as ,,ibet74 7b7 ,purpose ,the purpose of ,,ibet is to enhance border security in a manner that results in a cooperative approach between the ,united ,states and ,canada to-- 7#a7 strengthen security between designated ports of entry2 7#b7 detect1 investigate1 prevent1 and respond to terrorism1 transnational criminal organizations1 and other violations of law related to border security2 7#c7 facilitate collaboration among components and offices within the ,department and international partners2 7#d7 execute coordinated activities in furtherance of border security and homeland security2 and 7#e7 enhance information-sharing1 including the dissemination of homeland security information among such components and offices4 7c7 ,composition and establishment of units 7#a7 ,composition ,,ibet units may be comprised of personnel from the following3 7,a7 ,u4,s4 ,customs and ,border ,protection4 7,b7 ,u4,s4 ,immigration and ,customs ,enforcement1 led by ,homeland ,security ,investigations4 7,c7 ,other ,department personnel1 as appropriate4 7,d7 ,other ,federal1 ,state1 local1 ,tribal1 and foreign law enforcement agencies1 as appropriate4 7,e7 ,other appropriate personnel at the discretion of the ,secretary4 7#b7 ,establishment of units ,the ,secretary is authorized to establish ,,ibet units in regions in which such units can contribute to ,,ibet missions1 as appropriate4 ,when establishing an ,,ibet unit1 the ,secretary shall apply risk-based criteria that takes into consideration the following3 7,a7 ,whether the region in which the ,,ibet unit would be established is significantly impacted by cross-border threats1 including threats posed by transnational criminal organizations and terrorist groups4 7,b7 ,the availability of ,federal1 ,state1 local1 ,tribal1 and foreign law enforcement resources to participate in the ,,ibet unit4 7,c7 ,whether1 in accordance with paragraph 7#c71 other joint cross-border initiatives already take place within the region in which the ,,ibet unit would be established4 7#c7 ,duplication of efforts ,in determining whether to establish a new ,,ibet unit or to expand an existing ,,ibet unit in a given region1 the ,secretary shall ensure that the ,,ibet unit under consideration does not duplicate the efforts of other existing interagency task forces or centers within such region1 including the ,border ,enforcement ,security ,task ,force established under section #ddc4 7d7 ,operation ,after determining the regions in which to establish ,,ibet units under subsection 7c77#b71 the ,secretary may-- 7#a7 direct the assignment of ,federal personnel to such ,,ibet units2 7#b7 take other actions to assist ,federal1 ,state1 local1 and ,tribal entities to participate in such ,,ibet units1 including providing financial assistance1 as appropriate1 for operational1 administrative1 and technological costs associated with such participation2 7#c7 direct the development of policy and guidance necessary to identify1 assess1 and integrate the available partner resources in relevant border sector security assessments and resource planning documents2 7#d7 establish targets and performance measures for such ,,ibet units2 and 7#e7 direct leadership of such ,,ibet units to monitor progress on such targets and performance measures4 7e7 ,coordination ,the ,secretary shall coordinate ,,ibet activities with other similar border security and antiterrorism programs within the ,department in accordance with the strategic objectives of the ,cross-,border ,law ,enforcement ,advisory ,committee4 7f7 ,memoranda of understanding ,the ,secretary may enter into memoranda of understanding with appropriate representatives of the entities specified in subsection 7c77#a7 as necessary to carry out this section4 ,such memoranda with entities specified in subsection 7c77#a77;,g7 shall be entered into with the concurrence of the ,secretary of ,state4 7g7 ,report ,not later than #ahj days after the date on which ,,ibet is established and biannually thereafter for the following six years1 the ,secretary shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report that-- 7#a7 describes the effectiveness of ,,ibet units in fulfilling the purposes specified in subsection 7b72 7#b7 identifies challenges on the sustainment of cross-border ,,ibet operations1 including challenges faced by international partners1 and planned corrective actions2 7#c7 identifies costs associated with ,,ibet units broken down by relevant categories designated at the ,secretary's discretion2 7#d7 identifies ways to support joint training for ,,ibet stakeholder agencies and radio interoperability to allow for secure cross-border radio communications2 and 7#e7 identifies and assesses ways ,,ibet1 ,border ,tunnel ,task ,forces1 ,border ,enforcement ,security ,task ,forces1 and the ,integrated ,cross-,border ,maritime ,law ,enforcement ,operation ,program can better align operations1 including interdiction and investigation activities4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #dci1 as added by this title1 the following new item3 ,sec4 #ddj4 ,integrated ,border ,enforcement ,teams4 4 #dca4 ,no ban on information sharing 7a7 ,in general ,subtitle ,c of title ,,iv of the ,homeland ,security ,act of #bjjb1 as amended by this title1 is further amended by adding at the end the following new section3 #ddj;,a4 ,access to ,state1 local1 ,tribal1 and territorial information 7a7 ,authorization of use 7#a7 ,in general ,in the course of an investigation concerning a ,federal crime within the jurisdiction of the ,department1 the ,secretary may issue in writing and cause to be served a subpoena requiring the production of any biographical records1 ,state-issued identification information1 driving record information1 vehicle registration information1 or criminal history information of a specific individual from a ,state1 local1 ,tribal1 or territorial agency or department that the ,secretary determines relevant to such investigation1 or requiring testimony by the custodian of such materials to be produced concerning the production and authenticity of such materials4 7#b7 ,contents ,a subpoena issued under paragraph 7#a7 shall describe the information described in such paragraph required to be produced and prescribe a return date within a reasonable period of time within which such information can be assembled and made available4 7#c7 ,production of records ,the production of information under paragraph 7#a7 may be required from any ,state1 local1 ,tribal1 or territorial agency or department in any ,state1 or in any territory or other place subject to the jurisdiction of the ,united ,states at any designated place of hearing4 7b7 ,service 7#a7 ,in general ,a subpoena issued under this section may be served by any person designated in the subpoena as the agent of service4 7#b7 ,service of subpoena 7,a7 ,state1 local1 ,tribal1 or territorial agencies and departments ,service of a subpoena may be made upon a ,state1 local1 ,tribal1 or territorial agency or department1 by delivering the subpoena to an officer1 to a managing or general agent1 or to any other agent authorized by appointment or by law to receive service of process4 7,b7 ,proof of service ,the affidavit of the person serving the subpoena entered by that person on a true copy thereof shall be sufficient proof of service4 7c7 ,enforcement 7#a7 ,in general ,in the case of the contumacy by1 or refusal to obey a subpoena issued to1 any ,state1 local1 ,tribal1 or territorial agency or department1 the ,secretary1 in coordination with the ,attorney ,general1 may invoke the aid of any court of the ,united ,states within the jurisdiction of which the investigation described in subsection 7a7 is being conducted or within the jurisdiction that the subject of such investigation is located1 to compel compliance with such subpoena4 7#b7 ,order ,a court of the ,united ,states described in paragraph 7#a7 may issue an order requiring the subpoenaed ,state agency or department1 in accordance with such subpoena1 to appear1 to produce records1 or to give testimony relating to the matter under investigation4 ,any failure to obey the order of the court may be punished by the court as contempt thereof4 7#c7 ,service of process ,any process under this subsection may be served in any judicial district in which the ,state1 local1 ,tribal1 or territorial agency or department may be found4 7d7 ,nondisclosure requirement 7#a7 ,in general ,if the ,secretary certifies that otherwise there may result a danger to the national security of the ,united ,states1 no person may disclose to any other person that a subpoena was received or information was provided pursuant to this section1 other than to-- 7,a7 those persons to whom such disclosure is necessary in order to comply with such subpoena2 7,b7 an attorney to obtain legal advice with respect to testimony or the production of information in response to such subpoena2 or 7,c7 other persons as permitted by the ,secretary4 7#b7 ,notice of nondisclosure requirement ,the subpoena1 or an officer1 employee1 or agency of the ,united ,states in writing1 shall notify the ,state1 local1 ,tribal1 or territorial agency or department to whom such subpoena is directed of the nondisclosure requirements under paragraph 7#a74 7#c7 ,further applicability of nondisclosure requirements ,any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure described in paragraph 7#a74 7#d7 ,enforcement of nondisclosure requirement ,whoever knowingly violates paragraph 7#a7 or 7#c7 shall be imprisoned for not more than one year1 and if such violation is committed with the intent to obstruct an investigation or judicial proceeding1 shall be imprisoned for not more than five years4 7#e7 ,termination of nondisclosure requirement ,if the ,secretary determines that a nondisclosure requirement no longer is justified by a danger to the national security of the ,united ,states1 an officer1 employee1 or agency of the ,united ,states shall notify the relevant ,state1 local1 ,tribal1 or territorial agency or department that the prohibition of disclosure is no longer applicable4 7e7 ,judicial review 7#a7 ,in general ,at any time before the return date specified in a subpoena issued under this section1 the ,state1 local1 ,tribal1 or territorial agency or department summoned may1 in the ,united ,states district court for the district in which such ,state1 local1 ,tribal1 or territorial agency or department does business or resides1 petition for an order modifying or setting aside such subpoena4 7#b7 ,modification of nondisclosure requirement ,any court described in paragraph 7#a7 may modify or set aside a nondisclosure requirement imposed under subsection 7d7 at the request of a ,state1 local1 ,tribal1 or territorial agency or department to whom a subpoena has been directed1 unless there is reason to believe that such nondisclosure requirement is justified because otherwise there may result a danger to the national security of the ,united ,states4 7#c7 ,review of government submissions ,in all proceedings under this subsection1 the court shall review the submission of the ,federal ,government1 which may include classified information1 ex parte and in camera4 7f7 ,immunity from civil liability ,any ,state1 local1 ,tribal1 or territorial agency or department1 including officers1 agents1 and employees of a non-natural person1 who in good faith produce the information requested in a subpoena1 shall not be liable in any court of the ,united ,states to any customer or other person for such production1 or for nondisclosure of such production to the customer or other person4 7g7 ,guidelines ,the ,secretary shall1 by rule1 establish such guidelines as are necessary to ensure the effective implementation of this section4 7h7 ,annual reports ,the ,secretary shall annually submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report 7which may include a classified annex but with the presumption of declassification7 on the use of subpoenas under this subsection by the ,secretary1 which shall include a discussion of-- 7#a7 the number of and reason for the subpoenas issued under this section by the ,secretary during the preceding year2 and 7#b7 a description of the outcome of each such subpoena4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #ddj1 as added by this title1 the following new item3 ,sec4 #ddj;,a4 ,access to ,state1 local1 ,tribal1 and territorial information4 4 #dcb4 ,border ,security ,advisory ,committee 7a7 ,establishment ,the ,secretary of ,homeland ,security shall establish a ,border ,security ,advisory ,committee 7referred to in this section as the ,advisory ,committee74 7b7 ,duties 7#a7 ,in general ,the ,secretary of ,homeland ,security shall consult the ,advisory ,committee1 as appropriate1 on border security matters1 including the following3 7,a7 ,verifying security claims and the border security metrics established by the ,department of ,homeland ,security under section #ajib of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #f ,u4,s4,c4 #bbc74 7,b7 ,developing1 refining1 and implementing policies1 programs1 initiatives1 rulemakings1 and security directives pertaining to border security4 7#b7 ,recommendations ,the ,advisory ,committee shall develop1 at the request of the ,secretary of ,homeland ,security1 recommendations for improvements to border security and may provide1 through the ,secretary1 recommendations to ,congress4 7c7 ,membership 7#a7 ,composition ,the ,advisory ,committee shall be composed of the following3 7,a7 ,voting members appointed by the ,secretary4 7,b7 ,nonvoting members1 serving in an advisory capacity1 who shall be designated by-- 7i7 ,customs and ,border ,protection2 7ii7 ,immigration and ,customs ,enforcement2 7iii7 the ,coast ,guard2 and 7iv7 such other ,federal department or agency as the ,secretary considers appropriate4 7#b7 ,appointment ,the ,secretary of ,homeland ,security shall appoint voting members from among stakeholders including representatives from the following3 7,a7 ,labor organizations representing ,federal law enforcement personnel with border security as their primary mission4 7,b7 ,relevant ,federal1 ,state1 local1 and ,tribal law enforcement1 first responders1 and security experts with at least five years of border security operations or research experience in a state that borders the northern1 southern1 or coastal borders of the ,united ,states4 7,c7 ,former officials of the ,department of ,homeland ,security with experience in border security4 7,d7 ,other groups as the ,secretary considers appropriate4 7#c7 ,chairperson ,the ,advisory ,committee shall select a chairperson from among its voting members4 7#d7 ,term of office 7,a7 ,in general ,the term of each voting member of the ,advisory ,committee shall be #b years1 but a voting member may continue to serve until the ,secretary of ,homeland ,security appoints a successor4 7,b7 ,reappointment ,a voting member of the ,advisory ,committee may be reappointed4 7,c7 ,removal ,the ,secretary of ,homeland ,security may review the participation of a member of the ,advisory ,committee and remove such member for cause at any time4 7d7 ,nonapplicability of ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,border ,security ,advisory ,committee4 #dcc4 ,border tunnel detection 7a7 ,in general ,subtitle ,b of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #dbj;,c4 ,border ,tunnel ,task ,forces 7a7 ,establishment ,there is established within the ,department a program to be known as the ,border ,tunnel ,task ,force program 7referred to in this section as ,,bttf74 7b7 ,purpose ,the purpose of ,,bttf established pursuant to subsection 7a7 is to enhance and integrate border security efforts by identifying1 reducing1 and remediating cross-border tunnel related threats by-- 7#a7 facilitating collaboration among ,federal1 ,state1 local1 and ,tribal law enforcement agencies to execute coordinated activities2 and 7#b7 enhancing information-sharing1 including the dissemination of homeland security information1 among such agencies4 7c7 ,composition and establishment of border tunnel task force units 7#a7 ,composition ,,bttf units may be comprised of personnel from the following3 7,a7 ,u4,s4 ,customs and ,border ,protection1 led by the ,u4,s4 ,border ,patrol4 7,b7 ,u4,s4 ,immigration and ,customs ,enforcement1 led by ,homeland ,security ,investigations4 7,c7 ,other ,department components and offices1 as appropriate4 7,d7 ,other ,federal1 ,state1 local1 ,tribal1 and foreign law enforcement agencies1 as appropriate4 7,e7 ,other appropriate personnel at the discretion of the ,secretary4 7#b7 ,establishment of units ,the ,secretary is authorized to establish ,,bttf units in regions in which the ,secretary determines such units can contribute to the ,department's border security efforts to identify1 reduce1 and remediate cross-border tunnel threats4 ,when establishing a ,,bttf unit1 the ,secretary shall apply risk-based criteria that takes into consideration the following3 7,a7 ,whether the areas in which such ,,bttf units would be established are significantly impacted by cross-border tunnel threats4 7,b7 ,the availability of ,federal1 ,state1 local1 and ,tribal law enforcement resources to participate in such ,,bttf units4 7,c7 ,whether other similar joint cross-border tunnel detection initiatives already take place within the region in which the ,,bttf unit would be established4 7d7 ,duplication of efforts ,in determining whether to establish a new ,,bttf unit or to expand an existing ,,bttf unit in a given region1 the ,secretary shall ensure that the ,,bttf unit under consideration does not unnecessarily duplicate the efforts of other existing interagency task forces or centers within such jurisdiction4 7e7 ,operation ,after determining the regions in which to establish ,,bttf units under subsection 7c77#b71 the ,secretary may-- 7#a7 direct the assignment of ,federal personnel to such ,,bttf units2 7#b7 take other actions to assist ,federal1 ,state1 local1 and ,tribal entities to participate in such ,,bttf units1 including providing financial assistance1 as appropriate1 for operational1 administrative1 and technological costs associated with such participation2 7#c7 direct the development of policy and guidance necessary to identify1 assess1 and integrate the available partner resources in relevant border sector security assessments and resource planning documents2 7#d7 establish standard operating procedures1 targets1 and performance measures for ,,bttf units2 and 7#e7 direct leadership of each ,,bttf unit to monitor progress on such targets and performance measures for each such unit4 7f7 ,coordination ,the ,secretary shall coordinate ,,bttf activities with other similar border security and antiterrorism programs within the ,department that handle matters relating to cross-border tunnel threat detection4 7g7 ,authorization of tunnel remediation access ,notwithstanding any other provision of law1 ,u4,s4 ,customs and ,border ,protection shall have immediate access to ,federal land for the remediation of tunnels used to facilitate illicit cross-border activities across the international borders of the ,united ,states4 7h7 ,report ,not later than #ahj days after the date on which ,,bttf is established and biannually thereafter for the following six years1 the ,secretary shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report that-- 7#a7 describes the effectiveness of ,,bttf in fulfilling the purposes specified in subsection 7b72 7#b7 identifies challenges to the sustainment of cross-border ,,bttf operations and planned corrective actions2 7#c7 identifies costs associated with ,,bttf units broken down by relevant categories designated at the ,secretary's discretion2 7#d7 identifies ways to support joint training for ,,bttf stakeholder agencies2 7#e7 identifies and assesses ways ,,bttf1 ,,ibet1 and ,border ,enforcement ,security ,task ,forces can better align operations1 including interdiction and investigation activities2 and 7#f7 identifies gaps in ,,bttf technological capability to detect cross-border tunnel threats4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #dbj;,b1 as added by this title1 the following new item3 ,sec4 #dbj;,c4 ,border ,tunnel ,task ,forces4 4 #dcd4 ,subterranean operations 7a7 ,in general ,subtitle ,b of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #dbj;,d4 ,national ,subterranean ,operations ,program 7a7 ,establishment ,there is established within ,u4,s4 ,customs and ,border ,protection a program to known as the ,national ,subterranean ,operations ,program 7referred to in this section as the program74 ,the program shall be headed by an ,assistant ,chief1 who shall be appointed by the ,chief of the ,u4,s4 ,border ,patrol4 7b7 ,purpose ,the purpose of the program is the following3 7#a7 ,to apply risk-based criteria to interdict and remediate illicit cross-border tunnels identified by technology1 intelligence leads1 agency partners1 and relevant ,federal entities as determined by the ,assistant ,chief4 7#b7 ,to patrol and secure underground municipal infrastructure4 7c7 ,authorization of appropriations ,there is authorized to be appropriated #d1jjj1jjj for each of fiscal years #bjba and #bjbb to carry out this section4 4 7b7 ,counter tunnel operations strategic plan 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,assistant ,chief of the ,national ,subterranean ,operations ,program of ,u4,s4 ,customs and ,border ,protection 7established pursuant to section #dbj of the ,homeland ,security ,act of #bjjb 7as added by subsection 7a777 shall establish the following3 7,a7 ,risk-based criteria to be used to prioritize the interdiction and remediation of illicit cross-border tunnels identified by technology1 intelligence leads1 agency partners1 and other relevant ,federal entities as determined by the ,assistant ,chief4 7,b7 ,best practices for interdicting and remediating illicit cross-border tunnels4 7,c7 ,processes1 in coordination with ,homeland ,security ,investigations and relevant ,federal entities as determined by the ,assistant ,chief1 to request and share relevant illicit cross-border tunnel location1 operations1 and technical information4 7,d7 ,indicators of specific types of illicit cross-border tunnels found in each ,u4,s4 ,border ,patrol sector to be periodically disseminated to ,u4,s4 ,border ,patrol sector chiefs to educate field personnel4 7,e7 ,a counter illicit cross-border tunnel operations resource needs assessment that includes consideration of the following3 7i7 ,technology needs for conducting counter illicit cross-border tunnel operations4 7ii7 ,staffing needs1 including the following3 7,i7 ,a position description for ,u4,s4 ,border ,patrol counter cross-border tunnel operations personnel4 7,,ii7 ,specialized skills required of counter cross-border tunnel operations personnel4 7,,iii7 ,the number of full-time employees needed to conduct illicit counter cross-border tunnel operations1 disaggregated by ,u4,s4 ,border ,patrol sector4 7,,iv7 ,training requirements for identified staffing needs4 7#b7 ,report to ,congress ,not later than one year after the date of enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report on the implementation of subsection 7b74 7c7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #dbj;,c1 as added by this title1 the following new item ,sec4 #dbj;,d4 ,national ,subterranean ,operations ,program4 4 #dce4 ,border enforcement security task force updates 7a7 ,updated purpose ,subsection 7b7 of section #dcb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bdj7 is amended-- 7#a7 in paragraph 7#a71 by striking and after the semicolon at the end2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#c7 detecting1 investigating1 preventing1 and responding to terrorism1 transnational criminal organizations1 and other violations of law related to border security4 4 7b7 ,updated considerations for establishment of units ,paragraph 7#b7 of section #dcb7;c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bdj7;c77 is amended-- 7#a7 in the matter preceding subparagraph 7,a7-- 7,a7 in the first sentence1 by striking jurisdictions and inserting regions2 7,b7 by striking ,before and inserting ,when2 and 7,c7 by striking shall consider and inserting shall apply risk-based criteria that takes into consideration2 7#b7 in subparagraph 7,b71 by inserting and after the semicolon at the end2 and 7#c7 by striking subparagraphs 7,c7 and 7,d7 and inserting the following new subparagraph3 7,c7 ,whether1 in accordance with paragraph 7#c71 other joint cross-border initiatives already take place within the region in which the ,,best unit would be established4 4 7c7 ,updated report ,subsection 7e7 of section #dcb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bdj7 is amended to read as follows3 7e7 ,reports ,not later than #ahj days after the date of the enactment of this subsection and biannually thereafter for the following six years1 the ,secretary shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report that-- 7#a7 describes the effectiveness of ,,best units in fulfilling the purposes specified in subsection 7b72 7#b7 identifies challenges to the sustainment of cross-border ,,best operations1 including challenges faced by international partners1 and planned corrective actions2 7#c7 identifies costs associated with ,,best units1 broken down by relevant categories designated at the ,secretary's discretion2 7#d7 identifies ways to support joint training for ,,best stakeholder agencies2 7#e7 identifies and assesses ways ,,bttf under section #dbj;,c1 ,,ibet units under section #ddj1 and ,,best units can better align operations1 including interdiction and investigation activities2 and 7#f7 identifies and assesses gaps in ,,best technological capability to detect transnational criminal organizations or terrorist threats4 4 7d7 ,updated report ,not later than #ahj days after the date of the enactment of this ,act and biannually thereafter for the following six years1 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate the report reflected in subparagraph 7e74 7e7 ,technical and conforming amendments ,section #dcb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bdj7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a77;,d71 by inserting a semicolon at the end2 and 7,b7 in paragraph 7#c71 by striking jurisdiction each place it appears and inserting region2 and 7#b7 in subsection 7d71 in the matter preceding paragraph 7#a71 by striking jurisdictions and inserting regions4 #dcf4 ,extension of port of entry donation authority ,subparagraph 7,a7 of section #dhb7;b77#d7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cja;a7b77#d77 is amended by striking #d years and inserting #h years4 ,v ,transportation ,security #eja4 ,authorization of appropriations for salaries1 operation1 and maintenance of the ,transportation ,security ,administration ,subsection 7v7 of section #aad of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 by striking and after the semicolon at the end2 7#b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#d7 #h1jgf1bid1jjj for fiscal year #bjbb4 4 #ejb4 ,retention of security service fee by the ,transportation ,security ,administration 7a7 ,in general ,subsection 7i7 of section #ddidj of title #di1 ,united ,states ,code1 is repealed4 7b7 ,conforming amendment ,paragraph 7#c7 of section #ddidj7;c7 is amended by striking ,beginning on ,october #a1 #bjbg1 fees and inserting ,fees4 #ejc4 ,emerging and future threats task force 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration1 in consultation with the ,director of ,national ,intelligence and the intelligence community 7as such term is defined in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d777 and the heads of other ,federal agencies1 as determined appropriate by the ,administrator1 shall establish a task force to conduct an analysis of emerging and potential future threats to transportation security4 7b7 ,membership ,the task force established under subsection 7a7 shall be comprised of employees of the ,department of ,homeland ,security who1 in carrying out the analysis required under such subsection1 shall consult with the ,director of ,national ,intelligence and the intelligence community and the heads of ,federal agencies1 as determined appropriate by the ,administrator4 7c7 ,deadline ,not later than #bgj days after the ,administrator establishes the task force under subsection 7a71 the task force shall submit to the ,administrator the analysis required under such subsection4 7d7 ,elements ,the analysis required under subsection 7a7 shall include emerging and potential future threats posed by the following3 7#a7 ,evolving tactics by terrorist organizations that may pose a catastrophic risk to an aviation or surface transportation entity4 7#b7 ,explosive and explosive devices or attacks involving the use of explosives that may cause catastrophic damage to an aviation or surface transportation system4 7#c7 ,chemical or biological agents being released in either aviation or surface transportation systems4 7#d7 ,cyberthreat actors seeking to undermine confidence in transportation systems or cause service disruptions that jeopardize transportation security4 7#e7 ,unmanned aerial systems with the capability of inflicting harm on transportation targets4 7#f7 ,individuals or groups seeking to attack soft targets1 public areas1 or crowded spaces of transportation systems1 including attacks against ,transportation ,security ,administration employees and other security personnel4 7#g7 ,foreign actors seeking to exploit vulnerabilities posed by the inconsistent or inadequate security screening protocols at last point of departure airports with direct flights to the ,united ,states4 7#h7 ,information sharing challenges within the ,federal ,government and among partner governments4 7#i7 ,information sharing challenges between the ,administration or other relevant ,federal agencies and transportation stakeholders1 including air carriers1 airport operators1 surface transportation operators1 and ,state and local law enforcement4 7#aj7 ,growth in passenger volume in both the aviation and surface transportation sectors4 7e7 ,mitigation ,not later than #abj days after the completion of the analysis required under subsection 7a71 the ,administrator of the ,transportation ,security ,administration shall develop1 as appropriate1 a threat mitigation strategy for each of the threats examined in such analysis1 and-- 7#a7 assign appropriate resources of the ,administration to address such threats1 based on calculated risk2 or 7#b7 provide recommendations through the ,department of ,homeland ,security to the appropriate ,federal department or agency responsible for addressing such threats4 7f7 ,stakeholder engagement ,when carrying out the analysis required under subsection 7a71 the ,administrator of the ,transportation ,security ,administration shall engage transportation stakeholders referred to in subsection 7b77#i7 and account for security concerns of transportation operators by-- 7#a7 convening not fewer than three industry day events for such transportation stakeholders to hear from relevant public and private sector security partners and provide feedback on threats such transportation stakeholders identify as emerging2 7#b7 developing strategies to solicit feedback on a consistent basis from such transportation stakeholders across all modes of transportation and providing consistent responses to stakeholder concerns2 7#c7 improving the quality1 timeliness1 and relevancy of information sharing products disseminated by the ,administration to such transportation stakeholders1 including classified information sharing products2 7#d7 coordinating security incident response and communications drills1 including tabletop exercises1 to improve incident preparedness and response capabilities across transportation modes and among transportation systems2 7#e7 encouraging regular communication between ,federal ,security ,directors1 ,field ,intelligence ,officers1 ,federal ,air ,marshal ,special ,agents in ,charge1 and such transportation stakeholders2 7#f7 establishing regular opportunities for senior ,administration leadership to engage with such transportation stakeholders regarding changes in the threat environment and how the ,administration can offer security support to address such changes2 and 7#g7 briefing the ,aviation ,security ,advisory ,committee and the ,surface ,transportation ,security ,advisory ,committee on the efforts of the task force established pursuant to subsection 7a74 7g7 ,briefing to ,congress ,the ,administrator of the ,transportation ,security ,administration shall brief the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate on the results of the analysis required under subsection 7a7 and relevant mitigation strategies developed in accordance with subsection 7c74 7h7 ,non-,applicability of ,,faca and ,,pra ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 and the ,paperwork ,reduction ,act 7#dd ,u4,s4,c4 #ceja et seq47 shall not apply to the task force established under subsection 7a74 #ejd4 ,comptroller ,general review ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a review of ,department of ,homeland ,security trusted traveler programs4 ,such review shall examine the following3 7#a7 ,the extent to which the ,department of ,homeland ,security tracks data and monitors trends related to trusted traveler programs1 including root causes for identity-matching errors resulting in an individual's enrollment in a trusted traveler program being reinstated4 7#b7 ,whether the ,department coordinates with the heads of other relevant ,federal1 ,state1 local1 ,tribal1 or territorial entities regarding redress procedures for disqualifying offenses not covered by the ,department's own redress processes but which offenses impact an individual's enrollment in a trusted traveler program4 7#c7 ,how the ,department may improve individuals' access to reconsideration procedures regarding a disqualifying offense for enrollment in a trusted traveler program that requires the involvement of any other ,federal1 ,state1 local1 ,tribal1 or territorial entity4 7#d7 ,the extent to which travelers are informed about reconsideration procedures regarding enrollment in a trusted traveler program4 #eje4 ,enrollment redress ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security shall1 with respect to an individual whose enrollment in a trusted traveler program was revoked in error extend by an amount of time equal to the period of revocation the period of active enrollment in such a program upon re-enrollment in such a program by such an individual4 #ejf4 ,training required 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall develop and implement training for frontline ,administration personnel regarding the screening of pregnant women and families with young children at passenger screening checkpoints4 ,such training shall include the following3 7#a7 ,information relating to concerns of pregnant women relating to the use of ,advanced ,imaging ,technology and appropriate opt-out procedures and alternative screening procedures4 7#b7 ,guidelines to assist pregnant women and families traveling with young children effectively and efficiently complete the screening process in a manner that is respectful and improves the overall functioning of the screening checkpoint4 7#c7 ,communication and procedural guidelines for frontline ,administration personnel to assist with passenger divestiture for pregnant women and families traveling with young children to improve the effectiveness and overall passenger experience at the screening checkpoint4 7b7 ,communications strategy ,in conjunction with the implementation of the training required under subsection 7a71 the ,administrator of the ,transportation ,security ,administration shall develop and implement a communications strategy for pregnant women and families traveling with young children to inform such women and families of the procedures and guidelines described in such subsection1 including providing information to relevant passengers through social media1 the ,administration's public website1 the ,administration's customer service call center1 and partnerships with aviation stakeholders1 including air carriers and airport operators4 7c7 ,passenger support specialists ,in carrying out subsections 7a7 and 7b71 the ,administrator of the ,transportation ,security ,administration shall1 to the extent possible1 make available passenger support specialists1 upon request1 to pregnant women and families traveling with young children to assist with screening checkpoint information1 concerns1 and procedures4 7d7 ,,tsa family lanes feasibility assessment ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall conduct a feasibility assessment to determine whether screening processes and the screening experience may be improved for travelers by developing optional1 dedicated screening lanes for families traveling with young children at airports where the checkpoint configuration would allow and where the overall functioning of the checkpoint would not be inhibited in terms of passenger throughput or security effectiveness4 7e7 ,briefing to ,congress ,not later than #cj days after the implementation of the training required under subsection 7a71 the ,administrator of the ,transportation ,security ,administration shall brief the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate on progress regarding the implementation of this ,act and improvements made to the screening process for pregnant women and families traveling with young children4 #ejg4 ,identity and travel document verification ,section #ddija of title #di1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7m7 ,establishment of screening system for certain persons ,not later than ,december #ca1 #bjbj1 the ,administrator of the ,transportation ,security ,administration shall1 subject to the availability of appropriations1 implement an identity and travel document verification system designed to establish a secure1 automated system at all airports for verifying identity and travel documents of persons seeking entry into the sterile area of an airport4 ,such system shall-- 7#a7 assess the need for security screening personnel to perform identity and travel document verification for such passengers1 thereby assessing the overall number of such screening personnel2 7#b7 reduce the average wait time of such passengers2 7#c7 reduce overall operating expenses of the ,administration2 7#d7 be integrated with the ,administration's watch list matching program2 and 7#e7 be integrated with other technologies to further facilitate risk-based passenger screening at checkpoints1 to the extent practicable and consistent with security standards4 4 #ejh4 ,standard operating procedures at airport checkpoints 7a7 ,standardization ,the ,administrator of the ,transportation ,security ,administration shall require1 to the extent practicable1 that standard operating procedures at airport checkpoints for passengers and carry-on baggage are carried out in a uniform manner among similarly situated airports4 7b7 ,report to congress ,not later than #bgj days after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on how standard operating procedures were made uniform in accordance with subsection 7a74 7c7 ,audits ,beginning one year after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,homeland ,security shall conduct periodic audits of adherence to the standard operating procedures1 as established by the ,administrator of the ,transportation ,security ,administration1 under this section of screening personnel at large1 medium1 and small airports in diverse geographical areas4 #eji4 ,canine detection research and development 7a7 ,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 facilities4 7b7 ,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 ,states4 7c7 ,report to ,congress ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the recommendations required by subsection 7a74 7d7 ,briefing to ,congress 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 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 ,commerce1 ,science1 and ,transportation of the ,senate on the state of explosives detection canine production and training in the ,united ,states4 7#b7 ,contents ,the briefing required under paragraph 7#a7 shall include the following3 7,a7 ,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 sector4 7,b7 ,perspectives from current explosives detection canine industry stakeholders regarding the impact of the ,administration's procurement model on business considerations4 7,c7 ,an analysis regarding whether the ,administration effectively communicates canine training guidelines and testing methodology to the private sector4 7,d7 ,the extent to which physical capacity limitations at current ,administration-operated sites hinder the operations of either the ,administration or industry4 #eaj4 ,security incident response at airports and surface transportation hubs ,the ,gerardo ,hernandez ,airport ,security ,act of #bjae 7,public ,law #aad-ej2 #di ,u4,s4,c4 #ddijc note7 is amended-- 7#a7 in section #c-- 7,a7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking may each place it appears and inserting shall2 7,b7 by redesignating subsection 7c7 as subsection 7d72 and 7,c7 by inserting after subsection 7b7 the following new subsection3 7c7 ,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 officials4 2 and 7#b7 in section #g-- 7,a7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking may each place it appears and inserting shall2 7,b7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7,c7 by inserting after subsection 7b7 the following new subsection3 7c7 ,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 officials4 4 #eaa4 ,alternate new security screening personnel training program cost and feasibility study ,not later than #ahj days after the date of the enactment of this ,act1 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 ,glynco1 ,georgia1 that could be conducted at or within #ej miles of such security screening personnel's duty station4 ,such study should examine the use of online seminar and training platforms for portions of the training curriculum that are conducive to such an outcome4 #eab4 ,prohibition of advance notice of covert testing to security screeners ,section #ddice of title #di1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7m7 ,prohibition of advance notice to security screeners of covert testing and evaluation 7#a7 ,in general ,the ,administrator of the ,transportation ,security ,administration shall ensure1 to the greatest extent practicable1 that information concerning a covert test of a transportation security system to be conducted by a covert testing office1 the ,inspector ,general of the ,department of ,homeland ,security1 or the ,government ,accountability ,office is not provided to any individual involved in such test prior to the completion of such test4 7#b7 ,exceptions ,notwithstanding paragraph 7#a7-- 7,a7 an authorized individual involved in a covert test of a transportation security system may provide information concerning such covert test to-- 7i7 employees1 officers1 and contractors of the ,federal ,government 7including military personnel72 7ii7 employees and officers of ,state and local governments2 and 7iii7 law enforcement officials who are authorized to receive or directed to be provided such information by the ,administrator of the ,transportation ,security ,administration1 the ,inspector ,general of the ,department of ,homeland ,security1 or the ,comptroller ,general of the ,united ,states1 as the case may be2 and 7,b7 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 conducted1 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 threat4 7#c7 ,special rules for ,,tsa 7,a7 ,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 7,b74 7,b7 ,responsibility of cover team ,under this paragraph1 a cover team for a covert test of a transportation security system shall-- 7i7 monitor such test2 and 7ii7 for the purpose of ensuring the security of any individual in the vicinity of a site at which such test is being conducted1 confirm1 notwithstanding paragraph 7#a71 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 threat4 7,c7 ,aviation screening ,notwithstanding subparagraph 7,a71 the ,transportation ,security ,administration is not required to have a cover team present during a test of the screening of persons1 carry-on items1 or checked baggage at an aviation security checkpoint at or serving an airport if such test is-- 7i7 approved1 in coordination with the designated security official for the airport operator by the ,federal ,security ,director for such airport2 and 7ii7 carried out under an aviation screening assessment program of the ,department of ,homeland ,security4 7,d7 ,use of other personnel ,the ,transportation ,security ,administration may use employees1 officers1 and contractors of the ,federal ,government 7including military personnel7 and employees and officers of ,state and local governments or any personnel authorized by the ,federal ,security ,director to conduct covert tests4 7#d7 ,definitions ,in this subsection1 the following definitions apply3 7,a7 ,appropriate individual ,the term appropriate individual1 as used with respect to-- 7i7 a covert test under paragraph 7#b77;,b7 of a transportation security system1 means any individual who the individual conducting such test determines needs to know his or her status as an individual conducting such test2 or 7ii7 a covert test under paragraph 7#c77;,b77i71 means any individual who the cover team monitoring such test determines needs to know the identity of such cover team4 7,b7 ,covered employee ,the term covered employee means any individual who receives notice of a covert test before the completion of a test under paragraph 7#b77;,b74 7,c7 ,covert test 7i7 ,in general ,the term covert test means an exercise or activity conducted by a covert testing office1 the ,inspector ,general of the ,department of ,homeland ,security1 or the ,government ,accountability ,office to intentionally test1 compromise1 or circumvent transportation security systems to identify vulnerabilities in such systems4 7ii7 ,limitation ,notwithstanding clause 7i71 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 regulations4 7,d7 ,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 systems4 7,e7 ,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 office4 4 #eac4 ,explosive detection technology ,the ,secretary of ,homeland ,security shall prioritize the research and facilitation of next generation technologies to detect explosives in the ,nation's surface transportation systems4 #ead4 ,recurrent vetting for surface transportation credential-holders ,section #gjaje of title #df1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7r7 ,recurrent vetting 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this subsection1 the ,secretary shall develop and implement a plan to utilize the ,federal ,bureau of ,investigation's ,rap ,back ,service in order to establish recurrent vetting capabilities for individuals holding valid transportation security cards under this section4 7#b7 ,exemption ,individuals holding valid transportation security cards under this section who are subject to recurrent vetting under the plan to utilize the ,rap ,back ,service referred to in paragraph 7#a7 shall be exempt from any recurrent determinations or background checks under this section to which such individuals would otherwise be subject every five years in the absence of such utilization4 4 #eae4 ,biometrics for ,,tsa ,pre,check 7a7 ,in general ,not later than ,september #cj1 #bjbc1 the ,administrator of the ,transportation ,security ,administration shall begin the utilization of biometrics to verify the identity of travelers enrolled in the ,administration's trusted traveler program1 known as ,,tsa ,pre,check1 at security screening checkpoints in a manner which-- 7#a7 protects the privacy and civil liberties of the traveling public2 7#b7 improves the security and functionality of the security screening checkpoint2 7#c7 leverages1 to the extent practicable1 existing biometric repositories of the ,department of ,homeland ,security2 and 7#d7 utilizes best available biometric technology and algorithms to reduce instances of misidentification4 7b7 ,working group established ,not later than #cj days after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall establish a working group comprised of relevant transportation security stakeholders and any personnel determined necessary by the ,administrator to inform and make recommendations for the successful implementation of a biometrics identity process4 7c7 ,report to ,congress ,not later than one year after the date of the enactment of this ,act and annually thereafter through #bjbc1 the ,administrator of the ,transportation ,security ,administration shall report to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate on the status of the ,administration's biometrics program4 #eaf4 ,secure ,flight program 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall ensure that security screening checkpoints have real-time connectivity to the ,administration's ,secure ,flight vetting system4 7b7 ,secure flight review ,not later than #a year after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall develop and implement a plan to improve the capabilities of the ,administration's ,secure ,flight program1 including-- 7#a7 improving coordination between ,secure ,flight and air carriers2 7#b7 reducing screening errors resulting from inaccurate or delayed ,secure ,flight data2 and 7#c7 identifying additional resources needed to upgrade information technology systems of ,secure ,flight4 #eag4 ,known ,crew ,member program 7a7 ,in general ,not later than #ahj days after the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall implement new security standards for the ,administration's ,known ,crew ,member program1 including-- 7#a7 updated standards for verifying crew identity at ,known ,crew ,member-enabled checkpoints2 and 7#b7 cybersecurity standards for the ,known ,crew ,member program4 7b7 ,coordination ,in carrying out the requirements of subsection 7a71 the ,administrator of the ,transportation ,security ,administration shall coordinate with relevant transportation security stakeholders1 including air carriers and labor organizations representing pilots and flight attendants4 #eah4 ,screening ,partnership ,program 7a7 ,in general ,the ,administrator of the ,transportation ,security ,administration shall promote and encourage airport participation in the ,administration's ,screening ,partnership ,program4 7b7 ,blue ,ribbon ,panel ,not later than #ij days after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall convene a ,blue ,ribbon ,panel to examine ways in which the ,screening ,partnership ,program can be improved1 including-- 7#a7 allowing greater input for airport terminal owners and operators into selecting a screening vendor2 7#b7 reducing costs to the taxpayer by expanding the ,screening ,partnership ,program2 and 7#c7 examining security screening programs of foreign partners to outline best practices for public private partnership for passenger screening4 #eai4 ,headquarters efficiency ,not later than #a year after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall seek to reduce by #ej percent administrative support contract costs for headquarters personnel4 #ebj4 ,repeal of regulations ,sections #adjh1 #aeag1 and #aecd of the ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg are repealed4 #eba4 ,sensitive security information 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration 7,,tsa7 shall-- 7#a7 ensure clear and consistent designation of ,sensitive ,security ,information1 including reasonable security justifications for so designating documents as such2 7#b7 develop and implement a schedule to regularly review and update1 as necessary1 ,,tsa ,sensitive ,security ,information ,identification guidelines2 7#c7 develop a tracking mechanism for all ,sensitive ,security ,information redaction and designation challenges2 7#d7 document justifications for changes in position regarding ,sensitive ,security ,information redactions and designations1 and make such changes accessible to ,,tsa personnel for use with relevant stakeholders1 including air carriers1 airport operators1 surface transportation operators1 and ,state and local law enforcement1 as necessary2 and 7#e7 ensure that ,,tsa personnel are adequately trained on appropriate designation policies4 7b7 ,stakeholder outreach ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration 7,,tsa7 shall conduct outreach to relevant stakeholders described in subsection 7a77#d7 that regularly are granted access to ,sensitive ,security ,information to raise awareness of the ,,tsa's policies and guidelines governing the classification and use of ,sensitive ,security ,information4 #ebb4 ,international aviation security 7a7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall develop and implement guidelines with respect to last point of departure airports to-- 7#a7 ensure the inclusion1 as appropriate1 of air carriers and other transportation security stakeholders in the development and implementation of security directives and emergency amendments2 7#b7 document input provided by air carriers and other transportation security stakeholders during the security directive and emergency amendment development and implementation processes2 7#c7 define1 with the inclusion of feedback from air carriers and other transportation security stakeholders1 a process1 including time frames1 for cancelling or incorporating security directives and emergency amendments into security programs2 7#d7 conduct engagement with foreign partners on the implementation of security directives and emergency amendments1 as appropriate1 including recognition if existing security measures at a last point of departure airport are found to provide commensurate security as intended by potential new security directives and emergency amendments2 and 7#e7 ensure that new security directives and emergency amendments are focused on defined security outcomes4 7b7 ,briefing to ,congress ,not later than #ij days after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall brief the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate on the guidelines described in this section4 7c7 ,decisions not subject to judicial review ,notwithstanding any other provision of law1 any action of the ,administrator of the ,transportation ,security ,administration under subsection 7a7 is not subject to judicial review4 #ebc4 ,office of ,inspection accountability 7a7 ,in general ,the ,administrator of the ,transportation ,security ,administration shall strengthen internal controls related to documentation accuracy of the ,office of ,inspection of the ,administration by developing and implementing-- 7#a7 updates to criminal investigators' performance plans to reflect timely and accurate timesheet submission2 7#b7 guidance and expectation for supervisory biweekly timesheet review2 and 7#c7 a formal plan for reviewing user access1 not less than annually1 to ensure appropriate system access and permission levels4 7b7 ,information systems ,the ,administrator of the ,transportation ,security ,administration shall work to establish systems to assist the ,office of ,inspection of the ,administration with timesheet submission and approval processes and improve data transfer and communication between the timekeeping system and the ,case ,management ,system4 7c7 ,premium pay eligibility ,the ,administrator of the ,transportation ,security ,administration shall develop1 formalize1 and implement processes to ensure compliance with relevant policies requiring criminal investigators and supervisors annually complete documentation certifying availability for ,law ,enforcement ,availability ,pay4 7d7 ,resource allocation ,the ,administrator of the ,transportation ,security ,administration shall develop and implement guidance to ensure proper review of annual calculations for resource allocation within the ,office of ,inspection of the ,administration4 #ebd4 ,checkpoints of the future 7a7 ,in general ,the ,administrator of the ,transportation ,security ,administration shall develop passenger self-screening solutions for ,pre,check passengers in a manner which-- 7#a7 does not reduce the overall security posture of the checkpoint2 and 7#b7 improves the efficiency and overall effectiveness of the checkpoint4 7b7 ,report to ,congress ,not later than #ahj days after the enactment of this ,act and annually thereafter for #e years1 the ,administrator of the ,transportation ,security ,administration shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the status of the requirements described in subsection 7a74 #ebe4 ,air cargo security ,not later than one year after the date of the enactment of this ,act the ,inspector ,general for the ,department of ,homeland ,security shall conduct an audit of the ,air ,cargo ,division of the ,transportation ,security ,administration of the ,department4 ,this audit shall include-- 7#a7 a review of resource and staffing allocations for the ,air ,cargo ,division2 7#b7 an examination of how the ,air ,cargo ,division's effectiveness in managing the ,certified ,cargo ,screening ,program and ,known ,shipper ,program2 and 7#c7 how effectively the ,air ,cargo ,division works collaboratively with ,u4,s4 ,customs and ,border ,protection to target high-risk cargo4 #ebf4 ,childcare 7a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall convene a working group comprised of personnel determined appropriate by the ,administrator to develop-- 7#a7 recommendations for establishing childcare facilities for employees at the ,administration's headquarters facility2 7#b7 recommendations for establishing a facility or otherwise assisting with childcare options for employees at airports2 and 7#c7 options for the ,administration to improve flexibility for employees with children in need of care4 7b7 ,report to ,congress ,not later than #a year after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the recommendations and findings of the working group established in subsection 7a74 #ebg4 ,passengers with physical or cognitive disabilities ,not later than one year after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall convene an event at each airport at which the ,administration conducts security screening to increase awareness1 understanding of screening protocols1 and efficiency of the passenger screening experience for passengers with physical or cognitive disabilities4 #ebh4 ,,tsa ,human ,capital ,strategic ,plan 7a7 ,human ,capital ,strategic ,plan defined ,in this section1 the term human capital strategic plan means a plan to evaluate and implement strategies for the ,transportation ,security ,administration's selecting1 developing1 training1 and managing a high-quality1 productive workforce in accordance with merit system principles described in section #bej4bjb of title #e1 ,code of ,federal ,regulations 7relating to primary duties of an agency's ,chief ,human ,capital ,officer74 7b7 ,transportation security strategic planning ,paragraph 7#c7 of section #aad7s7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following new subparagraph3 7,j7 ,a ,human ,capital ,strategic ,plan that considers the recommendations contained in the ,findings and ,recommendations of the #bjai ,blue ,ribbon ,panel for the ,transportation ,security ,administration on ,human ,capital ,service ,delivery ,evaluation or any successor document4 ,priority for consideration shall be given to the recommendations from the ,panel that address the use of scheduling and timekeeping tools1 the review and updating of recruiting materials1 the development of standardized job descriptions1 the examination of ,transportation ,security ,administration employer branding and recruiting methods1 the development of a process to receive feedback on ,human ,capital functions1 and the improvement of leadership development and feedback mechanisms4 4 #ebi4 ,screening technology deployment 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall implement a policy to produce deployment plans for screening technology4 ,such plans should-- 7#a7 include airport risk assessments and all relevant risk factors2 7#b7 consider relative airport risk when determining deployment order2 7#c7 provide rationale for deployment decisions1 including any specific risk factors considered2 7#d7 include a strategy for deployment to small and medium airports to ensure consistency of security operations across airports of all sizes2 and 7#e7 include procurement strategy for each screening technology to be deployed4 7b7 ,continuous evaluation of deployed equipment ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall develop a strategy for continuous evaluation of deployed screening technology4 ,in developing such strategy1 the ,administrator shall consider the following3 7#a7 ,the effectiveness of screening during the lifespan of screening technology4 7#b7 ,how maintenance contracts for procured screening technology can support the ,administration's efforts to ensure continued effectiveness after deployment of such technology4 7#c7 ,periodic testing for the effectiveness of deployed screening technology based on relative risk4 7c7 ,audits ,beginning one year after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,homeland ,security shall conduct an audit of the ,transportation ,security ,administration's efforts to develop and implement deployment plans for screening technology4 ,such audit shall determine if-- 7#a7 the ,administration has effectively produced risk-based deployment plans for screening technologies2 7#b7 the screening technology deployment adhered to deployment plans2 and 7#c7 the deployment rate of screening technologies by type across airport size and geographical areas4 7d7 ,briefing to ,congress ,not later than #bgj days after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall brief the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate on the requirements described in this section4 #ecj4 ,review of aviation security stakeholder access to ,homeland ,security ,information ,network ,the ,secretary of ,homeland ,security1 in coordination with the ,under ,secretary for ,intelligence and ,analysis of the ,department of ,homeland ,security1 shall review access to the ,homeland ,security ,information ,network to determine if access by aviation security stakeholders in addition to such stakeholders who already as of the date of the enactment of this ,act already have such access would benefit aviation security4 #eca4 ,airport public area security enhancement 7a7 ,airport public area security working group engagement plan 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration 7,,tsa7 shall implement a plan to enhance ,,tsa engagement with the public area security working group established in accordance with section #aica of the ,,faa ,reauthorization ,act of #bjah 7#di ,u4,s4,c4 #aad note2 ,public ,law #aae-bed74 ,such plan shall include descriptions of roles and responsibilities for group members1 mechanisms for collaboration1 and determinations regarding the frequency of working group meetings4 7#b7 ,briefing to ,congress ,not later than #cj days after implementation of the plan required under paragraph 7#a7 is complete1 the ,administrator shall brief the appropriate committees of ,congress on the details of such plan4 7b7 ,survey of airport public area security efforts 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator shall begin conducting a survey of public and private stakeholders responsible for securing airport public areas to assess the following3 7,a7 ,the number of airport operations centers4 7,b7 ,the activities in which such airport operations centers regularly engage4 7,c7 ,the stakeholders involved in such airport operations centers1 including information relating to staffing and participation of such stakeholders4 7,d7 ,availability of resources for such airport operations centers4 7,e7 ,technology used to monitor and secure airport public areas4 7,f7 ,interoperability or other challenges associated with communication or other information technology systems supporting such airport operations centers4 7,g7 ,policies and best practices used to provide situational awareness and coordinate airport public area security efforts4 7#b7 ,briefing to ,congress ,not later than #cj days after completion of the survey required under subsection 7#a71 the ,administrator shall brief the appropriate committees of ,congress a report on the findings of such survey4 7c7 ,,tsa support of airport operations centers 7#a7 ,in general ,not later than #ij days after the briefing required under subsection 7b77#b7 and not less frequently than once every five years thereafter1 the ,administrator shall develop and update1 respectively1 a strategy for ,administration engagement with airport operations centers4 ,such strategy shall-- 7,a7 include specific goals and objectives for the support of such airport operations centers managed by public and private stakeholders responsible for securing airport public areas2 and 7,b7 detail means of support-- 7i7 to direct deployment of ,administration personnel to such airport operations centers2 7ii7 to provide to such stakeholders1 as appropriate1 access to ,department unclassified or classified information sharing systems1 including the ,homeland ,security ,information ,network and ,homeland ,security ,data ,network2 and 7iii7 for any activities determined appropriate by the ,administrator4 7#b7 ,briefing to ,congress ,not later than #cj days after the strategy under subsection 7#a7 is complete1 the ,administrator shall brief the appropriate committees of ,congress on the implementation of such strategy4 7d7 ,definitions ,in this section3 7#a7 ,administration2 ,,tsa ,the terms ,administration and ,,tsa mean the ,transportation ,security ,administration4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,administration4 7#c7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7#d7 ,department ,the term ,department means the ,department of ,homeland ,security4 7#e7 ,operations center ,the term operations center means a integrated and unified operation center established at a transportation facility based on the framework made available to public and private stakeholders pursuant to section #aihg of the ,,faa ,reauthorization ,act of #bjah 7#di ,u4,s4,c4 #aad note2 ,public ,law #aae-bed74 7#f7 ,public and private stakeholders ,the term public and private stakeholders has the meaning given such term in section #aad7t77#a77;,c7 of title #di1 ,united ,states ,code4 ,,vi ,emergency ,preparedness1 ,response1 and ,recovery ,a ,grants1 ,training1 ,exercises1 and ,coordination #fja4 ,urban ,area ,security ,initiative ,section #bjjc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjd7 is amended-- 7#a7 in subsection 7b77#b77;,a71 in the matter preceding clause 7i71 by inserting 1 using the most up-to-date data available1 after assessment2 7#b7 in subsection 7d77#b71 by amending subparagraph 7,b7 to read as follows3 7,b7 ,funds retained ,to ensure transparency and avoid duplication1 a ,state shall provide each relevant high-risk urban area with a detailed accounting of the items1 services1 or activities on which any funds retained by the ,state under subparagraph 7,a7 are to be expended4 ,such accounting shall be provided not later than #ij days after the date of which such funds are retained4 2 and 7#c7 by striking subsection 7e7 and inserting the following new subsections3 7e7 ,threat and hazard identification risk assessment and capability assessment ,as a condition of receiving a grant under this section1 each high-risk urban area shall submit to the ,administrator a threat and hazard identification and risk assessment and capability assessment-- 7#a7 at such time and in such form as is required by the ,administrator2 and 7#b7 consistent with the ,federal ,emergency ,management ,agency's ,comprehensive ,preparedness ,guide #bja1 ,second ,edition1 or such successor document or guidance as is issued by the ,administrator4 7f7 ,period of performance ,the ,administrator shall make funds provided under this section available for use by a recipient of a grant for a period of not less than #cf months4 7g7 ,authorization of appropriations ,there is authorized to be appropriated for grants under this section #hjj1jjj1jjj for each of fiscal years #bjba through #bjbb4 4 #fjb4 ,state ,homeland ,security ,grant ,program ,section #bjjd of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fje7 is amended by striking subsection 7f7 and inserting the following new subsections3 7f7 ,threat and hazard identification and risk assessment and capability assessment 7#a7 ,in general ,as a condition of receiving a grant under this section1 each ,state shall submit to the ,administrator a threat and hazard identification and risk assessment and capability assessment-- 7,a7 at such time and in such form as is required by the ,administrator2 and 7,b7 consistent with the ,federal ,emergency ,management ,agency's ,comprehensive ,preparedness ,guide #bja1 ,second ,edition1 or such successor document or guidance as is issued by the ,administrator4 7#b7 ,collaboration ,in developing the threat and hazard identification and risk assessment under paragraph 7#a71 a ,state shall solicit input from local and ,tribal governments1 including first responders1 and1 as appropriate1 nongovernmental and private sector stakeholders4 7#c7 ,first responders defined ,in this subsection1 the term first responders includes representatives of local governmental and nongovernmental fire1 law enforcement1 emergency management1 and emergency medical personnel4 7g7 ,period of performance ,the ,administrator shall make funds provided under this section available for use by a recipient of a grant for a period of not less than #cf months4 7h7 ,authorization of appropriations ,there is authorized to be appropriated for grants under this section #fjj1jjj1jjj for each of fiscal years #bjba through #bjbb4 4 #fjc4 ,grants to directly eligible tribes ,section #bjje of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjf7 is amended by-- 7#a7 redesignating subsections 7h7 through 7k7 as subsections 7i7 through 7l71 respectively2 and 7#b7 inserting after subsection 7g7 the following new subsection3 7h7 ,period of performance ,the ,secretary shall make funds provided under this section available for use by a recipient of a grant for a period of not less than #cf months4 4 #fjd4 ,law enforcement terrorism prevention 7a7 ,law enforcement terrorism prevention program ,subsection 7a7 of section #bjjf of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjg7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by inserting ,states and high-risk urban areas expend after that2 and 7,b7 by striking is used2 7#b7 in paragraph 7#b71 by amending subparagraph 7,i7 to read as follows3 7,i7 activities as determined appropriate by the ,administrator1 in coordination with the ,assistant ,secretary for ,state and ,local ,law ,enforcement within the ,office of ,partnership and ,engagement of the ,department1 through outreach to relevant stakeholder organizations2 and 2 and 7#c7 by adding at the end the following new paragraph3 7#d7 ,annual report ,the ,administrator1 in coordination with the ,assistant ,secretary for ,state and ,local ,law ,enforcement1 shall report annually from fiscal year #bjba through fiscal year #bjbb on the use of grants under sections #bjjc and #bjjd for law enforcement terrorism prevention activities authorized under this section1 including the percentage and dollar amount of funds used for such activities and the types of projects funded4 4 7b7 ,office for ,state and local law enforcement ,subsection 7b7 section #bjjf of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjg7 is amended-- 7#a7 in paragraph 7#a71 by striking ,policy ,directorate and inserting ,office of ,partnership and ,engagement2 and 7#b7 in paragraph 7#d7-- 7,a7 in subparagraph 7,b71 by inserting 1 including through consultation with such agencies regarding ,department programs that may impact such agencies before the semicolon at the end2 and 7,b7 in subparagraph 7,d71 by striking ensure and inserting certify4 #fje4 ,prioritization 7a7 ,in general ,subsection 7a7 of section #bjjg of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjh7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by amending subparagraph 7,a7 to read as follows3 7,a7 its population1 including consideration of domestic and international tourists1 commuters1 and military populations1 including military populations residing in communities outside military installations2 2 7,b7 in subparagraph 7,e71 by inserting 1 including threat information from other relevant ,federal agencies and field offices1 as appropriate before the semicolon at the end2 and 7,c7 in subparagraph 7,i71 by striking target and inserting core2 and 7#b7 in paragraph 7#b71 by striking target and inserting core4 7b7 ,review ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 through the ,administrator of the ,federal ,emergency ,management ,agency1 shall review and report to the ,committee on ,homeland ,security and the ,committee on ,appropriations of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,appropriations of the ,senate on the risk formula and methodology used to award grants under sections #bjjc and #bjjd of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjd and #fje71 including a discussion of any necessary changes to such formula to ensure grant awards are appropriately based on risk4 7c7 ,comptroller ,general review ,not later than #ahj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall review and assess the risk formula and methodology used to award grants under sections #bjjc and #bjjd of the ,homeland ,security ,act of #bjjb1 including-- 7#a7 the process utilized by the ,department of ,homeland ,security to gather threat information for each potential ,state and high-risk urban area2 7#b7 the extent to which such risk formula and methodology considers the factors specified in section #bjjg of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjh71 in particular-- 7,a7 the extent to which the jurisdiction has unmet core capabilities due to resource constraints2 7,b7 the degree to which a jurisdiction has been able to address capability gaps with previous grant awards2 and 7,c7 in the case of a high-risk urban area1 the extent to which such high-risk urban area includes-- 7i7 incorporated municipalities1 counties1 parishes1 and ,indian ,tribes within the relevant eligible metropolitan area the inclusion of which will enhance regional efforts to prevent1 prepare for1 protect against1 and respond to acts of terrorism2 and 7ii7 other local and ,tribal governments in the surrounding area that are likely to be called upon to respond to acts of terrorism within the high-risk urban area2 and 7#c7 how grant award amounts are determined4 #fjf4 ,allowable uses ,section #bjjh of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fji7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking target and inserting core2 7,b7 by redesignating paragraphs 7#f7 through 7#ad7 as paragraphs 7#h7 through 7#af71 respectively2 7,c7 in paragraph 7#e71 by inserting before the semicolon at the end the following3 1 provided such purchases align with the ,statewide ,communication ,interoperability ,plan and are coordinated with the ,statewide ,interoperability ,coordinator or ,statewide interoperability governance body of the ,state of the recipient2 and 7,d7 by inserting after paragraph 7#e7 the following new paragraphs3 7#f7 enhancing medical preparedness1 medical surge capacity1 and mass prophylaxis capabilities1 including the development and maintenance of an initial pharmaceutical stockpile1 including medical kits and diagnostics sufficient to protect first responders1 their families1 immediate victims1 and vulnerable populations from a chemical or biological event2 7#g7 enhancing cybersecurity1 including preparing for and responding to cybersecurity risks and incidents 7as such terms are defined in section #bbg7 and developing statewide cyber threat information analysis and dissemination activities2 2 7,e7 in paragraph 7#h71 as so redesignated1 by striking ,homeland ,security ,advisory ,system and inserting ,national ,terrorism ,advisory ,system2 and 7,f7 in paragraph 7#ad71 as so redesignated1 by striking #c and inserting #e2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#c77;,b71 by striking 7a77#aj7 and inserting 7a77#ab72 and 7,b7 in paragraph 7#d77;,b77i71 by striking target and inserting core2 and 7#c7 in subsection 7c71 by striking target and core4 #fjg4 ,memoranda of understanding 7a7 ,in general ,subtitle ,b of title ,,xx of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #faa et seq47 is amended by adding at the end the following new section3 #bjbd4 ,memoranda of understanding with departmental components and offices ,the ,administrator shall enter into memoranda of understanding with the heads of the following departmental components and offices delineating the roles and responsibilities of such components and offices regarding the policy and guidance for grants under section #adjf of the ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg 7#f ,u4,s4,c4 #aace71 sections #bjjc and #bjjd of this ,act1 and section #gjajg of title #df1 ,united ,states ,code1 as appropriate3 7#a7 ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#b7 ,the ,administrator of the ,transportation ,security ,administration4 7#c7 ,the ,commandant of the ,coast ,guard4 7#d7 ,the ,under ,secretary for ,intelligence and ,analysis4 7#e7 ,the ,director of the ,office of ,emergency ,communications4 7#f7 ,the ,assistant ,secretary for ,state and ,local ,law ,enforcement4 7#g7 ,the ,targeted ,violence and ,terrorism ,prevention ,director4 7#h7 ,the ,officer for ,civil ,rights and ,civil ,liberties4 7#i7 ,the ,chief ,medical ,officer4 7#aj7 ,the heads of other components or offices of the ,department1 as determined by the ,secretary4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #bjbc the following new item3 ,sec4 #bjbd4 ,memoranda of understanding with departmental components and offices4 4 #fjh4 ,grants metrics 7a7 ,in general ,to determine the extent to which grants under sections #bjjc and #bjjd of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjc and #fjd7 have closed capability gaps identified in ,state ,preparedness ,reports required under subsection 7c7 of section #feb of the ,post-,katrina ,emergency ,management ,reform ,act of #bjjf 7#f ,u4,s4,c4 #geb2 title ,,vi of the ,department of ,homeland ,security ,appropriations ,act1 #bjjg2 ,public ,law #aji-bie7 and ,threat and ,hazard ,identification and ,risk ,assessments required under subsections 7e7 and 7f7 of such sections #bjjc and #bjjd1 respectively1 as added by this title1 from each ,state and high-risk urban area1 the ,administrator of the ,federal ,emergency ,management ,agency shall conduct and submit to the ,committee on ,homeland ,security and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate an assessment of information provided in such ,reports and ,assessments4 7b7 ,assessment requirements ,the assessment required under subsection 7a7 shall include a comparison of successive ,state ,preparedness ,reports and ,threat and ,hazard ,identification and ,risk ,assessments that aggregates results across the ,states and high-risk urban areas4 #fji4 ,grant management best practices ,the ,administrator of the ,federal ,emergency ,management ,agency shall include in the annual ,notice of ,funding ,opportunity relating to grants under sections #bjjc and #bjjd of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjd and #fje7 an appendix that includes the following3 7#a7 ,a summary of findings identified by the ,office of the ,inspector ,general of the ,department of ,homeland ,security in audits of such grants and methods to address areas identified for improvement1 including opportunities for technical assistance4 7#b7 ,innovative projects and best practices instituted by grant recipients4 #faj4 ,prohibition on consolidation ,the ,secretary of ,homeland ,security may not implement the ,national ,priorities ,security ,grant ,program or any successor consolidated grant program unless the ,secretary receives prior authorization from ,congress permitting such implementation4 #faa4 ,maintenance of grant investments ,section #bjjh of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fji71 as amended by this title1 is further amended by adding at the end the following new subsection3 7h7 ,maintenance of equipment ,any applicant for a grant under section #bjjc or #bjjd seeking to use funds to purchase equipment1 including pursuant to paragraph 7#c71 7#d71 7#e71 or 7#ab7 of subsection 7a7 of this section1 shall by the time of the receipt of such grant develop a plan for the maintenance of such equipment over its life-cycle that includes information identifying which entity is responsible for such maintenance4 4 #fab4 ,allowable uses of funds for public transportation security assistance grants ,subparagraph 7,a7 of section #adjf7;b77#b7 of the ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg 7#f ,u4,s4,c4 #aace7;b77#b77;,a72 ,public ,law #aaj-ec7 is amended by inserting and associated backfill after security training4 #fac4 ,periods of performance for public transportation security assistance grants ,section #adjf of the ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg 7#f ,u4,s4,c4 #aace2 ,public ,law #aaj-ec7 is amended by striking subsection 7m7 and inserting the following new subsections3 7m7 ,periods of performance 7#a7 ,in general ,except as provided in paragraph 7#b71 funds provided pursuant to a grant awarded under this section for a use specified in subsection 7b7 shall remain available for use by a grant recipient for a period of not fewer than #cf months4 7#b7 ,exception ,funds provided pursuant to a grant awarded under this section for a use specified in subparagraph 7,m7 or 7,n7 of subsection 7b77#a7 shall remain available for use by a grant recipient for a period of not fewer than #ee months4 7n7 ,authorization of appropriations ,there is authorized to be appropriated for grants under this section #bjj1jjj1jjj for each of fiscal years #bjba through #bjbb4 4 #fad4 ,comptroller ,general review of public transportation security assistance grant program 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a review of the public transportation security assistance grant program under section #adjf of the ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg 7#f ,u4,s4,c4 #aace2 ,public ,law #aaj-ec74 7b7 ,scope ,the review required under paragraph 7#a7 shall include the following3 7#a7 ,an assessment of the type of projects funded under the public transportation security grant program referred to in such paragraph4 7#b7 ,an assessment of the manner in which such projects address threats to public transportation infrastructure4 7#c7 ,an assessment of the impact1 if any1 of this ,act 7including the amendments made by this ,act7 on types of projects funded under the public transportation security assistance grant program4 7#d7 ,an assessment of the management and administration of public transportation security assistance grant program funds by grantees4 7#e7 ,recommendations to improve the manner in which public transportation security assistance grant program funds address vulnerabilities in public transportation infrastructure4 7#f7 ,recommendations to improve the management and administration of the public transportation security assistance grant program4 7c7 ,report ,not later than #a year after the date of the enactment of this ,act and again not later than five years after such date of enactment1 the ,comptroller ,general shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report on the review required under this section4 #fae4 ,port security grant program ,section #gjajg of title #df1 ,united ,states ,code1 is amended by-- 7#a7 striking subsection 7l72 7#b7 redesignating subsection 7m7 as subsection 7l72 and 7#c7 by adding at the end the following new subsections3 7n7 ,period of performance ,the ,secretary shall make funds provided under this section available for use by a recipient of a grant for a period of not less than #cf months4 7o7 ,authorization of appropriations ,there is authorized to be appropriated for grants under this section #bjj1jjj1jjj for each of fiscal years #bjba through #bjbb4 4 #faf4 ,cyber preparedness 7a7 ,in general ,section #bbji of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fei7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#e77;,b71 by inserting 1 including ,state1 local1 and regional fusion centers1 as appropriate before the semicolon at the end2 7,b7 in paragraph 7#g71 in the matter preceding subparagraph 7,a71 by striking information and recommendations each place it appears and inserting information1 recommendations1 and best practices2 and 7,c7 in paragraph 7#i71 by inserting best practices1 after defensive measures12 and 7#b7 in subsection 7d77#a77;,b77ii71 by inserting and ,state1 local1 and regional fusion centers1 as appropriate before the semicolon at the end4 7b7 ,sense of ,congress ,it is the sense of ,congress that to facilitate the timely dissemination to appropriate ,state1 local1 and private sector stakeholders of homeland security information related to cyber threats1 the ,secretary of ,homeland ,security should1 to the greatest extent practicable1 work to share actionable information in an unclassified form related to such threats4 #fag4 ,operation ,stonegarden 7a7 ,in general ,subtitle ,a of title ,,xx of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fja et seq47 is amended by adding at the end the following new section3 #bjji4 ,operation ,stonegarden 7a7 ,establishment ,there is established in the ,department a program to be known as ,operation ,stonegarden1 under which the ,secretary1 acting through the ,administrator1 shall make grants to eligible law enforcement agencies1 through the ,state administrative agency1 to enhance border security in accordance with this section4 7b7 ,eligible recipients ,to be eligible to receive a grant under this section1 a law enforcement agency-- 7#a7 shall be located in-- 7,a7 a ,state bordering ,canada or ,mexico2 or 7,b7 a ,state or territory with a maritime border2 and 7#b7 shall be involved in an active1 ongoing1 ,u4,s4 ,customs and ,border ,protection operation coordinated through a ,u4,s4 ,border ,patrol sector office4 7b7 ,permitted uses ,the recipient of a grant under this section may use such grant for-- 7#a7 equipment1 including maintenance and sustainment costs2 7#b7 personnel1 including overtime and backfill1 in support of enhanced border law enforcement activities2 7#c7 any activity permitted for ,operation ,stonegarden under the ,department of ,homeland ,security's most recent ,homeland ,security ,grant ,program ,notice of ,funding ,opportunity2 and 7#d7 any other appropriate activity1 as determined by the ,administrator1 in consultation with the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7c7 ,period of performance ,the ,secretary shall award grants under this section to grant recipients for a period of not less than #cf months4 7d7 ,report ,for each of fiscal years #bjba and #bjbb1 the ,administrator shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives a report that contains information on the expenditure of grants made under this section by each grant recipient4 7e7 ,authorization of appropriations ,there is authorized to be appropriated #aaj1jjj1jjj for each of fiscal years #bjba and #bjbb for grants under this section4 4 7b7 ,conforming amendment ,subsection 7a7 of section #bjjb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjc7 is amended to read as follows3 7a7 ,grants authorized ,the ,secretary1 through the ,administrator1 may award grants under sections #bjjc1 #bjjd1 #bjji1 and #bjaj to ,state1 local1 and ,tribal governments1 as appropriate4 4 7c7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #bjjh the following new item3 ,sec4 #bjji4 ,operation ,stonegarden4 4 ,b ,communications #fba4 ,office of ,emergency ,communications ,the ,secretary of ,homeland ,security may not change the location or reporting structure of the ,office of ,emergency ,communications of the ,department of ,homeland ,security unless the ,secretary receives prior authorization from the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate permitting such change4 #fbb4 ,responsibilities of ,office of ,emergency ,communications ,director 7a7 ,in general ,subsection 7c7 of section #ahja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #ega7 is amended-- 7#a7 by striking paragraph 7#c72 7#b7 by redesignating paragraphs 7#d7 through 7#af7 as paragraphs 7#c7 through 7#ae71 respectively2 7#c7 in paragraph 7#h71 as so redesignated1 by striking 1 in cooperation with the ,national ,communications ,system12 7#d7 in paragraph 7#aa71 as so redesignated1 by striking ,assistant ,secretary for ,grants and ,training and inserting ,administrator of the ,federal ,emergency ,management ,agency2 7#e7 in paragraph 7#ad71 as so redesignated1 by striking and at the end2 7#f7 in paragraph 7#ae71 as so redesignated1 by striking the period at the end and inserting a semicolon2 and 7#g7 by adding at the end the following new paragraphs3 7#af7 administer the ,government ,emergency ,telecommunications ,service 7,,gets7 and ,wireless ,priority ,service 7,,wps7 programs1 or successor programs2 and 7#ag7 assess the impact of emerging technologies on interoperable emergency communications4 4 7b7 ,performance of previously transferred functions ,subsection 7d7 of section #ahja of the ,homeland ,security ,act of #bjjb is amended by-- 7#a7 striking paragraph 7#b72 and 7#b7 redesignating paragraph 7#c7 as paragraph 7#b74 #fbc4 ,annual reporting on activities of the ,office of ,emergency ,communications ,subsection 7f7 of section #ahja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #ega7 is amended to read as follows3 7f7 ,annual reporting of ,office activities ,the ,director of the ,office of ,emergency ,communications shall1 not later than one year after the date of the enactment of this subsection and annually thereafter for each of the next four years1 report to the ,committee on ,homeland ,security and the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate on the activities and programs of the ,office1 including specific information on efforts to carry out paragraphs 7#d71 7#e71 and 7#f7 of subsection 7c74 4 #fbd4 ,national emergency communications plan ,section #ahjb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #egb7 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a7-- 7,a7 by striking 1 and in cooperation with the ,department of ,national ,communications ,system 7as appropriate712 and 7,b7 by inserting 1 but not less than once every five years1 after periodically2 and 7#b7 in subsection 7c7-- 7,a7 by redesignating paragraphs 7#c7 through 7#aj7 as paragraphs 7#d7 through 7#aa71 respectively2 and 7,b7 by inserting after paragraph 7#b7 the following new paragraph3 7#c7 consider the impact of emerging technologies on the attainment of interoperable emergency communications2 4 #fbe4 ,technical edit ,paragraph 7#a7 of section #ahjd7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #egd7;b771 in the matter preceding subparagraph 7,a71 by striking ,assistant ,secretary for ,grants and ,planning and inserting ,administrator of the ,federal ,emergency ,management ,agency4 #fbf4 ,public safety broadband network ,the ,director of the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security shall provide to the ,committee on ,homeland ,security and the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate information on the ,department of ,homeland ,security's responsibilities related to the development of the nationwide ,public ,safety ,broadband ,network authorized in section #fbjb of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adbb2 ,public ,law #aab-if71 including information on efforts by the ,department to work with the ,first ,responder ,network ,authority of the ,department of ,commerce to identify and address cyber risks that could impact the near term or long term availability and operations of such network and recommendations to mitigate such risks4 #fbg4 ,communications training ,the ,under ,secretary for ,management of the ,department of ,homeland ,security1 in coordination with the appropriate component heads1 shall develop a mechanism1 consistent with the strategy required pursuant to section #d of the ,department of ,homeland ,security ,interoperable ,communications ,act 7,public ,law #aad-bi2 #f ,u4,s4,c4 #aid note71 to verify that radio users within the ,department receive initial and ongoing training on the use of the radio systems of such components1 including interagency radio use protocols4 ,c ,federal ,emergency ,management ,agency 7,,fema7 #fca4 ,short title ,this subtitle may be cited as the ,,fema ,reauthorization ,act of #bjai4 #fcb4 ,reauthorization of ,federal ,emergency ,management ,agency ,section #fii of the ,post-,katrina ,emergency ,management ,reform ,act of #bjjf 7,public ,law #aji-bie2 #f ,u4,s4,c4 #haa7 is amended-- 7#a7 by striking administration and operations each place it appears and inserting management and administration2 7#b7 in paragraph 7#b71 by striking 2 and2 7#c7 in paragraph 7#c71 by striking the period and inserting 2 and2 and 7#d7 by adding at the end the following3 7#d7 for fiscal year #bjba1 #a1abd1bdb1ihj2 and 7#e7 for fiscal year #bjbb1 #a1adf1gbg1hdj4 4 #fcc4 ,national domestic preparedness consortium ,section #abjd of the ,implementing ,recommendations of the #i_/aa ,commission ,act 7#f ,u4,s4,c4 #aajb7 is amended-- 7#a7 in subsection 7b77#d71 by striking ,rescue and inserting ,recovery2 7#b7 in subsection 7c71 by inserting to the extent practicable1 provide training in settings that simulate real response environments1 such as urban areas1 after levels12 7#c7 in subsection 7d71 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 for the ,center for ,domestic ,preparedness-- 7,a7 #fh1aca1ibj for fiscal year #bjba2 and 7,b7 #fi1did1eeh for fiscal year #bjbb2 and 7#b7 for the members referred to in paragraphs 7#b7 through 7#g7 of subsection 7b7-- 7,a7 #ajc1jbj1jjj for fiscal year #bjba2 and 7,b7 #aje1jhj1djj for fiscal year #bjbb4 2 and 7#d7 in subsection 7e7 by striking-- 7,a7 each of the following entities and inserting members enumerated in section 7b72 7,b7 #bjjg-- and inserting #bjae42 and 7,c7 paragraphs 7#a7 through 7#e74 #fcd4 ,rural ,domestic ,preparedness ,consortium 7a7 ,in general ,the ,secretary of ,homeland ,security is authorized to establish a ,rural ,domestic ,preparedness ,consortium within the ,department of ,homeland ,security consisting of universities and nonprofit organizations qualified to provide training to emergency response providers from rural communities4 7b7 ,duties ,the ,rural ,domestic ,preparedness ,consortium authorized under subsection 7a7 shall identify1 develop1 test1 and deliver training to ,state1 local1 and ,tribal emergency response providers from rural communities1 provide on-site and mobile training1 and facilitate the delivery of training by the training partners of the ,department of ,homeland ,security4 7c7 ,authorization of appropriations ,of amounts appropriated for ,continuing ,training ,grants of the ,department of ,homeland ,security1 #e1jjj1jjj is authorized to be used for the ,rural ,domestic ,preparedness ,consortium authorized under subsection 7a74 #fce4 ,center for ,faith-,based and ,neighborhood ,partnerships 7a7 ,in general ,title ,v of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #caa et seq47 is amended by adding at the end the following new section3 #ebi4 ,center for ,faith-,based and ,neighborhood ,partnerships 7a7 ,in general ,there is established in the ,agency a ,center for ,faith-,based and ,neighborhood ,partnerships1 headed by a ,director appointed by the ,secretary4 7b7 ,mission ,the mission of the ,center shall be to develop and coordinate ,departmental outreach efforts with faith-based and community organizations and serve as a liaison between such organizations and components of the ,department for activities related to securing facilities1 emergency preparedness and response1 and combating human trafficking4 7c7 ,responsibilities ,in support of the mission of the ,center for ,faith-,based and ,neighborhood ,partnerships1 the ,director shall-- 7#a7 develop exercises that engage faith-based and community organizations to test capabilities for all hazards1 including active shooter incidents2 7#b7 coordinate the delivery of guidance and training to faith-based and community organizations related to securing their facilities against natural disasters1 acts of terrorism1 and other man-made disasters2 7#c7 conduct outreach to faith-based and community organizations regarding guidance1 applicable grant programs1 training1 and exercises and ,departmental capabilities available to assist faith-based and community organizations to secure their facilities against natural disasters1 acts of terrorism1 and other man-made disasters2 7#d7 facilitate engagement and coordination among the emergency management community and faith-based and community organizations2 7#e7 deliver training and technical assistance to faith-based and community-based organizations and provide subject-matter expertise related to anti-human trafficking efforts to help communities successfully partner with other ,blue ,campaign components2 and 7#f7 perform any other duties as assigned by the ,administrator4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #ebh the following new item3 ,sec4 #ebi4 ,center for ,faith-,based and ,neighborhood ,partnerships4 4 #fcf4 ,emergency support functions 7a7 ,update ,paragraph 7#ac7 of section #ejd7;a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cad7;a77 is amended by inserting 1 periodically updating 7but not less often than once every five years71 after administering4 7b7 ,emergency support functions ,section #fec of the ,post-,katrina ,emergency ,management ,reform ,act of #bjjf 7#f ,u4,s4,c4 #gec2 title ,,vi of the ,department of ,homeland ,security ,appropriations ,act1 #bjjg2 ,public ,law #aji-bie7 is amended-- 7#a7 by redesignating subsections 7d7 and 7e7 as subsections 7e7 and 7f71 respectively2 and 7#b7 by inserting after subsection 7c7 the following new subsection3 7d7 ,coordination ,the ,president1 acting through the ,administrator1 shall develop and provide to ,federal departments and agencies with coordinating1 primary1 or supporting responsibilities under the ,national ,response ,framework performance metrics to ensure readiness to execute responsibilities under the emergency support functions of such ,framework4 4 #fcg4 ,review of national incident management system ,paragraph 7#b7 of section #eji7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cai7;b77 is amended1 in the matter preceding subparagraph 7,a71 by inserting 1 but not less often than once every five years1 after periodically4 #fch4 ,remedial action management program ,section #fej of the ,post-,katrina ,emergency ,management ,reform ,act of #bjjf 7#f ,u4,s4,c4 #gej2 title ,,vi of the ,department of ,homeland ,security ,appropriations ,act1 #bjjg2 ,public ,law #aji-bie7 is amended to read as follows3 #fej4 ,remedial action management program 7a7 ,in general ,the ,administrator1 in coordination with the ,national ,council on ,disability and the ,national ,advisory ,council1 shall establish a remedial action management program to-- 7#a7 analyze training1 exercises1 and real world events to identify lessons learned1 corrective actions1 and best practices2 7#b7 generate and disseminate1 as appropriate1 the lessons learned1 corrective actions1 and best practices referred to in paragraph 7#a72 and 7#c7 conduct remedial action tracking and long-term trend analysis4 7b7 ,federal corrective actions ,the ,administrator1 in coordination with the heads of appropriate ,federal departments and agencies1 shall utilize the program established pursuant to subsection 7a7 to collect information on corrective actions identified by such ,federal departments and agencies during exercises and the response to natural disasters1 acts of terrorism1 and other man-made disasters1 and shall1 not later than one year after the date of the enactment of this section and annually thereafter for each of the next four years1 submit to ,congress a report on the status of such corrective actions4 7c7 ,dissemination of after-,action reports ,the ,administrator shall provide electronically1 to the maximum extent practicable1 to ,congress and ,federal1 ,state1 local1 ,tribal1 and private sector officials after-action reports and information on lessons learned and best practices from responses to acts of terrorism1 natural disasters1 capstone exercises conducted under the national exercise program under section #fdh7;b71 and other emergencies or exercises4 4 #fci4 ,strategic human capital plan ,subsection 7c7 of section #ajajb of title #e1 ,united ,states ,code1 is amended by striking #bjjg and inserting #bjba4 #fdj4 ,office of ,disability ,integration and ,coordination 7a7 ,office of ,disability ,integration and ,coordination 7#a7 ,in general ,section #eac of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cba;b7 is amended to read as follows3 #eac4 ,office of ,disability ,integration and ,coordination 7a7 ,in general ,there is established within the ,federal ,emergency ,management ,agency an ,office of ,disability ,integration and ,coordination1 which shall be headed by a ,director4 7b7 ,mission ,the mission of the ,office is to ensure that individuals with disabilities and other access and functional needs are included in emergency management activities throughout the ,agency by providing guidance1 tools1 methods1 and strategies for the purpose of equal physical program and effective communication access4 7c7 ,responsibilities ,in support of the mission of the ,office1 the ,director shall-- 7#a7 provide guidance and coordination on matters related to individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster1 act of terrorism1 or other man-made disaster2 7#b7 oversee ,office staff and personnel responsible for disability integration in each regional office with respect to carrying out the mission of the ,office2 7#c7 liaise with the staff of the ,agency including nonpermanent employees1 organizations representing individuals with disabilities1 other agencies of the ,federal ,government1 and ,state1 local1 and ,tribal government authorities regarding the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster1 act of terrorism1 or other man-made disaster2 7#d7 consult with organizations representing individuals with disabilities about access and functional needs in emergency planning requirements and relief efforts in the event of a natural disaster1 act of terrorism1 or other man-made disaster2 7#e7 ensure the coordination and dissemination of best practices and model evacuation plans for individuals with disabilities2 7#f7 collaborate with ,agency leadership responsible for training to ensure that qualified experts develop easily accessible training materials and a curriculum for the training of emergency response providers1 ,state1 local1 and ,tribal government officials1 and others on the needs of individuals with disabilities2 7#g7 coordinate with the ,emergency ,management ,institute1 ,center for ,domestic ,preparedness1 ,center for ,homeland ,defense and ,security1 ,u4,s4 ,fire ,administration1 ,national ,exercise ,program1 and ,national ,domestic ,preparedness ,consortium to ensure that content related to persons with disabilities1 access and functional needs1 and children are integrated into existing and future emergency management trainings2 7#h7 promote the accessibility of telephone hotlines and websites regarding emergency preparedness1 evacuations1 and disaster relief2 7#i7 work to ensure that video programming distributors1 including broadcasters1 cable operators1 and satellite television services1 make emergency information accessible to individuals with hearing and vision disabilities2 7#aj7 ensure the availability of accessible transportation options for individuals with disabilities in the event of an evacuation2 7#aa7 provide guidance and implement policies to ensure that the rights and feedback of individuals with disabilities regarding post-evacuation residency and relocation are respected2 7#ab7 ensure that meeting the needs of individuals with disabilities are included in the components of the national preparedness system established under section #fdd of the ,post-,katrina ,emergency ,management ,reform ,act of #bjjf 7,public ,law #aji-bie2 #abj ,stat4 #adbe2 #f ,u4,s4,c4 #gdd72 and 7#ac7 perform any other duties as assigned by the ,administrator4 7d7 ,director ,after consultation with organizations representing individuals with disabilities1 the ,administrator shall appoint a ,director4 ,the ,director shall report directly to the ,administrator1 in order to ensure that the needs of individuals with disabilities are being properly addressed in emergency preparedness and disaster relief4 7e7 ,organizations representing individuals with disabilities defined ,for purposes of this section1 the term organizations representing individuals with disabilities shall mean the ,national ,council on ,disabilities and the ,interagency ,coordinating ,council on ,preparedness and ,individuals with ,disabilities1 among other appropriate disability organizations4 4 7#b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by striking the item relating to section #eac and inserting the following new item3 ,sec4 #eac4 ,office of ,disability ,integration and ,coordination4 4 7b7 ,reporting 7#a7 ,report to ,congress ,not later than #abj days after the date of the enactment of this section1 the ,administrator shall submit to ,congress a report on the funding and staffing needs of the ,office of ,disability ,integration and ,coordination under section #eac of the ,homeland ,security ,act of #bjjb1 as amended by subsection 7a74 7#b7 ,comptroller ,general review ,not later than #abj days after the date of the submission of the report under paragraph 7#a71 the ,comptroller ,general of the ,united ,states shall review the report to evaluate whether the funding and staffing needs described in the report are sufficient to support the activities of the ,office of ,disability ,integration and ,coordination4 #fda4 ,,fema ,senior ,law ,enforcement ,advisor 7a7 ,in general ,title ,v of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #caa et seq471 as amended by this title1 is further amended by adding at the end the following new section3 #ecj4 ,senior ,law ,enforcement ,advisor 7a7 ,establishment ,there is established in the ,agency a ,senior ,law ,enforcement ,advisor to serve as a qualified expert to the ,administrator for the purpose of strengthening the ,agency's coordination among ,state1 local1 and ,tribal law enforcement4 7b7 ,qualifications ,the ,senior ,law ,enforcement ,advisor shall have an appropriate background with experience in law enforcement1 intelligence1 information sharing1 and other emergency response functions4 7c7 ,responsibilities ,the ,senior ,law ,enforcement ,advisor shall-- 7#a7 coordinate on behalf of the ,administrator with the ,office for ,state and ,local ,law ,enforcement under section #bjjf for the purpose of ensuring ,state1 local1 and ,tribal law enforcement receive consistent and appropriate consideration in policies1 guidance1 training1 and exercises related to preventing1 preparing for1 protecting against1 and responding to natural disasters1 acts of terrorism1 and other man-made disasters within the ,united ,states2 7#b7 work with the ,administrator and the ,office for ,state and ,local ,law ,enforcement under section #bjjf to ensure grants to ,state1 local1 and ,tribal government agencies1 including programs under sections #bjjc1 #bjjd1 and #bjjf7;a71 appropriately focus on terrorism prevention activities2 and 7#c7 serve other appropriate functions as determined by the ,administrator4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #ebi1 as added by this title1 the following new item3 ,sec4 #ecj4 ,senior ,law ,enforcement ,advisor4 4 #fdb4 ,technical amendments to national emergency management 7a7 ,homeland ,security ,act of #bjjb ,title ,v of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #eja et seq47 is amended-- 7#a7 in section #eja7h7 7#f ,u4,s4,c4 #caa7h77-- 7,a7 by striking ,national ,response ,plan each place it appears and inserting ,national ,response ,framework2 and 7,b7 by striking #ejb7;a77#f7 and inserting #ejd7;a77#f72 7#b7 in section #ejc7;b77#b77;,a7 7#f ,u4,s4,c4 #cac7 by inserting and incidents impacting critical infrastructure before the semicolon2 7#c7 in section #ejd7;a7 7#f ,u4,s4,c4 #cad7;a77-- 7,a7 in paragraph 7#c7 by striking 1 including-- and inserting 7that includes incidents impacting critical infrastructure71 including--2 7,b7 in paragraph 7#d7 by inserting 1 including incidents impacting critical infrastructure before the semicolon2 7,c7 in paragraph 7#e7 by striking and local and inserting local1 and ,tribal2 7,d7 in paragraph 7#f7 by striking national response plan and inserting national response framework1 which shall be reviewed and updated as required but not less than every #e years2 7,e7 by redesignating paragraphs 7#g7 through 7#ba7 as paragraphs 7#h7 through 7#bb71 respectively2 7,f7 by inserting after paragraph 7#f7 the following3 7#g7 developing integrated frameworks1 to include consolidating existing ,government plans addressing prevention1 protection1 mitigation1 and recovery with such frameworks reviewed and updated as required1 but not less than every #e years2 2 and 7,g7 in paragraph 7#ad71 as so redesignated1 by striking ,national ,response ,plan each place it appears and inserting ,national ,response ,framework2 7#d7 in section #ejg 7#f ,u4,s4,c4 #cag7-- 7,a7 in subsection 7c7-- 7i7 in paragraph 7#b77;,e71 by striking ,national ,response ,plan and inserting ,national ,response ,framework2 and 7ii7 in paragraph 7#c77;,a71 by striking ,national ,response ,plan and inserting ,national ,response ,framework2 and 7,b7 in subsection 7f77#a77;,g71 by striking ,national ,response ,plan and inserting ,national ,response ,framework2 7#e7 in section #ejh 7#f ,u4,s4,c4 #cah7-- 7,a7 in subsection 7b77#a71 by striking ,national ,response ,plan and inserting ,national ,response ,framework2 and 7,b7 in subsection 7d77#b77;,a71 by striking ,the ,deputy ,administrator1 ,protection and ,national ,preparedness and inserting ,a ,deputy ,administrator2 7#f7 in section #eji 7#f ,u4,s4,c4 #cai7-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#a7-- 7,i7 by striking ,national ,response ,plan and inserting ,national ,response ,framework1 ,national ,protection ,framework1 ,national ,prevention ,framework1 ,national ,mitigation ,framework1 ,national ,recovery ,framework2 7,,ii7 by striking successor and inserting successors2 and 7,,iii7 by striking plan at the end of that paragraph and inserting framework2 and 7ii7 in paragraph 7#b71 by striking ,national ,response ,plan each place it appears and inserting ,national ,response ,framework2 and 7,b7 in subsection 7c77#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking ,national response plan in the header and inserting ,national response framework2 and 7,,ii7 by striking ,national ,response ,plan in the text and inserting ,national ,response ,framework2 and 7ii7 in subparagraph 7,b71 by striking ,national ,response ,plan and inserting ,national ,response ,framework2 7#g7 in section #eaj 7#f ,u4,s4,c4 #cbj7-- 7,a7 in subsection 7a71 by striking enter into a memorandum of understanding and inserting partner2 7,b7 in subsection 7b77#a77;,a71 by striking ,national ,response ,plan and inserting ,national ,response ,framework2 and 7,c7 in subsection 7c71 by striking ,national ,response ,plan and inserting ,national ,response ,framework2 7#h7 in section #eae7;c77#a7 7#f ,u4,s4,c4 #cba;d7c77#a771 by striking and local each place it appears and inserting 1 local1 and ,tribal2 7#i7 by striking section #ebd 7#f ,u4,s4,c4 #cbam72 and 7#aj7 in section #ebe7;a7 7#f ,u4,s4,c4 #cban71 by striking ,secretary and inserting ,administrator4 7b7 ,post-,katrina ,emergency ,management ,reform ,act of #bjjf 7#a7 ,citation correction ,section #fjb7ac7 of the ,post-,katrina ,emergency ,management ,reform ,act of #bjjf 7#f ,u4,s4,c4 #gja7ac77 is amended by striking #ejb7;a77#f7 and inserting #ejd7;a77#f74 7#b7 ,change of reference ,chapter #a of subtitle ,c of title ,,vi of the ,post-,katrina ,emergency ,management ,reform ,act of #bjjf 7,public ,law #aji-bie7 is amended by striking ,national ,response ,plan each place it appears and inserting ,national ,response ,framework4 7c7 ,savings clause ,the amendments made by subsection 7a7 to section #ejc7;b77#b77;,a7 and paragraphs 7#c7 and 7#d7 of section #ejd7;a7 of the ,homeland ,security ,act of #bjjb may not be construed as affecting the authority1 existing on the day before the date of enactment of this division1 of any other component of the ,department of ,homeland ,security or any other ,federal department or agency4 ,d ,genome ,editing ,threat ,assessment #fea4 ,genome editing threat assessment 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,assistant ,secretary for the ,countering ,weapons of ,mass ,destruction ,office of the ,department of ,homeland ,security1 in coordination with the ,under ,secretary for ,intelligence and ,analysis of the ,department1 the ,under ,secretary for the ,science and ,technology ,directorate of the ,department1 and other ,federal partners1 as appropriate1 shall develop a threat assessment on the potential homeland security vulnerabilities associated with genome modification and editing4 ,such threat assessment shall include information relating to the following3 7#a7 ,the dual-use of emerging biotechnology4 7#b7 ,the ability of gene editing to maliciously proliferate infectious diseases and pandemics on human1 animal1 and plant populations4 7#c7 ,the cybersecurity vulnerabilities in computer systems analyzing genomic data4 7#d7 ,privacy concerns associated with analyzing genomic data4 7b7 ,recommendations ,upon completion of the threat assessment required under subsection 7a71 the ,secretary of ,homeland ,security shall make a determination if any changes to future operations of the ,department of ,homeland ,security are required to address security vulnerabilities identified in such assessment4 7c7 ,report ,not later than #fj days after the completion of the threat assessment required under subsection 7a71 the ,secretary of ,homeland ,security shall1 consistent with the protection of classified information1 report to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate on the findings of such threat assessment1 any identified recommendations1 plans for incorporating such recommendations into future operations of the ,department of ,homeland ,security1 and any proposed legislative changes informed by such threat assessment4 ,,vii ,pandemic ,preparedness #gja4 ,chief ,medical ,officer ,section #aica of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #ehg7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a71 by inserting and shall establish medical and human1 animal1 and occupational health exposure policy1 guidance1 strategies1 and initiatives1 before including--2 7,b7 in paragraph 7#a71 by inserting before the semicolon at the end the following3 1 including advice on how to prepare for1 protect against1 respond to1 recover from1 and mitigate against the medical effects of terrorist attacks or other high consequence events utilizing chemical1 biological1 radiological1 or nuclear agents or explosives2 7,c7 in paragraph 7#b71 by inserting before the semicolon at the end the following3 1 including coordinating the ,department's policy1 strategy1 and preparedness for pandemics and emerging infectious diseases2 7,d7 in paragraph 7#d7-- 7i7 by inserting emergency medical services and medical first responder stakeholders1 after the medical community12 and 7ii7 by striking and at the end2 7,e7 by redesignating paragraph 7#e7 as paragraph 7#i72 and 7,f7 by inserting after paragraph 7#d7 the following new paragraphs3 7#e7 ensuring that the workforce of the ,department has evidence-based policy1 standards1 requirements1 and metrics for operational medicine programs2 7#f7 directing and maintaining a coordinated system for medical support for the ,department's operational activities2 7#g7 providing oversight of the ,department's medical programs and providers1 including-- 7,a7 reviewing and maintaining verification of the accreditation of the ,department's health provider workforce2 7,b7 developing quality assurance and clinical policy1 requirements1 standards1 and metrics for all medical and health activities of the ,department2 7,c7 providing oversight of medical records systems for employees and individuals in the ,department's care and custody2 and 7,d7 providing medical direction for emergency medical services activities of the ,department2 7#h7 as established under section #aicb1 maintaining a medical countermeasures stockpile and dispensing system1 as necessary1 to facilitate personnel readiness1 and protection for the ,department's employees and working animals and individuals in the ,department's care and custody in the event of a chemical1 biological1 radiological1 nuclear1 or explosives attack1 naturally occurring disease outbreak1 or pandemic2 and 2 and 7#b7 by adding at the end the following new subsection3 7d7 ,medical liaisons ,the ,chief ,medical ,officer may provide medical liaisons to the components of the ,department to provide subject matter expertise on medical and public health issues and a direct link to the ,chief ,medical ,officer4 ,such expertise may include the following3 7#a7 ,providing guidance on health and medical aspects of policy1 planning1 and operations4 7#b7 ,supporting the development and alignment of medical and health systems4 7#c7 ,identifying-- 7,a7 common gaps in medical and health standards1 policy1 or guidance2 and 7,b7 enterprise solutions to bridge such gaps4 4 #gjb4 ,medical countermeasures program 7a7 ,in general ,subtitle ,c of ,title ,,xix of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #caa et seq47 is amended by adding at the end the following new section3 #aicb4 ,medical countermeasures 7a7 ,in general ,the ,secretary shall establish a medical countermeasures program to facilitate personnel readiness1 and protection for the ,department's employees and working animals and individuals in the ,department's care and custody1 in the event of a chemical1 biological1 radiological1 nuclear1 or explosives attack1 naturally occurring disease outbreak1 or pandemic1 and to support ,department mission continuity4 7b7 ,oversight ,the ,chief ,medical ,officer of the ,department shall provide programmatic oversight of the medical countermeasures program established pursuant to subsection 7a71 and shall-- 7#a7 develop ,department-wide standards for medical countermeasure storage1 security1 dispensing1 and documentation2 7#b7 maintain a stockpile of medical countermeasures1 including antibiotics1 antivirals1 and radiological countermeasures1 as appropriate2 7#c7 preposition appropriate medical countermeasures in strategic locations nationwide1 based on threat and employee density1 in accordance with applicable ,federal statutes and regulations2 7#d7 provide oversight and guidance on dispensing of stockpiled medical countermeasures2 7#e7 ensure rapid deployment and dispensing of medical countermeasures in a chemical1 biological1 radiological1 nuclear1 or explosives attack1 naturally occurring disease outbreak1 or pandemic2 7#f7 provide training to ,department employees on medical countermeasure dispensing2 and 7#g7 support dispensing exercises4 7c7 ,medical countermeasures working group ,the ,chief ,medical ,officer shall establish a medical countermeasures working group comprised of representatives from appropriate components and offices of the ,department to ensure that medical countermeasures standards are maintained and guidance is consistent4 7d7 ,medical countermeasures management ,not later than #ahj days after the date of the enactment of this section1 the ,chief ,medical ,officer shall develop and submit to the ,secretary an integrated logistics support plan for medical countermeasures1 including-- 7#a7 a methodology for determining the ideal types and quantities of medical countermeasures to stockpile and how frequently such methodology shall be reevaluated2 7#b7 a replenishment plan2 and 7#c7 inventory tracking1 reporting1 and reconciliation procedures for existing stockpiles and new medical countermeasure purchases4 7e7 ,stockpile elements ,in determining the types and quantities of medical countermeasures to stockpile under subsection 7d71 the ,chief ,medical ,officer shall utilize1 if available-- 7#a7 ,department chemical1 biological1 radiological1 and nuclear risk assessments2 and 7#b7 ,centers for ,disease ,control and ,prevention guidance on medical countermeasures4 7f7 ,report ,not later than #ahj days after the date of the enactment of this section1 the ,chief ,medical ,officer shall report to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate on progress in achieving the requirements of this section4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by adding after the item relating to section #aica the following new item3 ,sec4 #aicb4 ,medical countermeasures4 4 #gjc4 ,personal protective equipment 7a7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7#b7 ,department ,the term ,department means the ,department of ,homeland ,security4 7#c7 ,personal protective equipment ,the term personal protective equipment includes protective gloves1 masks1 and any additional protective equipment determined appropriate by the ,secretary4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7b7 ,availability of personal protective equipment for certain ,department personnel 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall ensure the availability of an adequate supply of personal protective equipment to equip personnel of the ,department and each component conducting operations requiring contact with the public for use during the ,,covid-#ai global pandemic4 ,such personnel include the following3 7,a7 ,transportation ,security ,officers4 7,b7 ,explosives ,detection ,canine ,handlers4 7,c7 ,federal ,air ,marshals4 7,d7 ,transportation ,security ,inspectors4 7,e7 ,administration personnel involved in operations of ,visual ,intermodal ,prevention and ,response teams4 7,f7 ,u4,s4 ,border ,patrol agents4 7,g7 ,u4,s4 ,customs and ,border ,protection officers4 7,h7 ,air and ,marine ,officers4 7,i7 ,u4,s4 ,border ,patrol ,processing ,coordinators4 7,j7 ,officers of the ,federal ,protective ,service4 7,k7 ,secret ,service ,agents and officers4 7,l7 ,u4,s4 ,immigration and ,customs ,enforcement officers4 7,m7 ,any other personnel determined appropriate by the ,secretary4 7#b7 ,job hazard analysis ,not later than #cj days after the date of the enactment of this ,act1 each ,department component head shall-- 7,a7 ensure the job hazard analysis of each such component identifies the regular duties and tasks required of relevant personnel to determine the amount of personal protective equipment required per shift to conduct specified duties and tasks2 and 7,b7 provide to the ,secretary such analysis4 7#c7 ,storage ,not later than #cj days after the date of the enactment of this ,act1 each ,department component head shall identify and implement appropriate best practices for storing personal protective equipment4 7#d7 ,measures to protect certain frontline personnel ,not later than #fj days after the date of the enactment of this ,act1 each ,department component head shall identify and implement measures to augment existing ,department facilities and vehicles to protect frontline ,department personnel regularly interacting with or transporting individuals in the public4 ,such measures shall include the implementation of technologies such as plexiglass barriers1 biometric technology1 computed tomography1 detection-at-range1 and credential authentication technology utilizing digital camera technology4 7#e7 ,policies ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary shall develop or update1 as appropriate1 policies for the workforce of the ,department related to the use and potential reuse and availability of personal protective equipment4 7#f7 ,report to ,congress ,the ,secretary shall report to the appropriate congressional committees regarding the implementation of this subsection4 7c7 ,,covid-#ai after-,action review ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall submit to the appropriate congressional committees an after-action review to examine the ,department's response and mitigation efforts related to the ,,covid-#ai global pandemic4 ,such review shall include information relating to the following3 7#a7 ,the overall preparedness of the ,department and each of the ,department components to respond to the ,,covid-#ai global pandemic1 including preparedness to continue to fulfill its mission and protect ,department personnel1 the public1 the transportation system1 ports of entry1 and the border4 7#b7 ,communication challenges related to effectively engaging with the public1 ,department personnel1 and appropriate ,federal1 ,state1 local1 ,tribal1 and industry stakeholders4 7#c7 ,the effectiveness of existing authorities allowing the ,department to utilize weather and safety leave policies1 hazard pay1 or other personnel management policies to protect ,department personnel4 7#d7 ,impacts on security functions1 operations1 and other homeland security missions4 7#e7 ,the availability of personal protective equipment for ,department personnel and individuals in the custody of the ,department4 7#f7 ,the extent to which technologies to promote less contact between ,department personnel and the public1 such as the technologies referred to in subsection 7d71 were implemented1 and any challenges or impediments to such implementation4 7#g7 ,recommendations for action to improve the preparedness of the ,department for future crises and pandemics4 #gjd4 ,teleworking assessment ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a review of the capabilities of the ,department of ,homeland ,security to support ,department-wide teleworking activity during the ,,covid-#ai pandemic4 ,such review shall include the following3 7#a7 ,a description of how many employees in each component of the ,department engaged in teleworking prior to the ,,covid-#ai pandemic and how many engaged in teleworking beginning in ,march #bjbj4 7#b7 ,an evaluation of the capabilities of each of the components to support remote teleworking activities during the ,,covid-#ai pandemic4 7#c7 ,an evaluation of the security protocols and guidance developed by the ,department and the level of compliance by employees with such protocols4 7#d7 ,an assessment of the major issues encountered by each component during the transition to teleworking due to the ,,covid-#ai pandemic4 7#e7 ,an assessment of the availability of assistance with teleworking capabilities during the ,,covid-#ai pandemic4 7#f7 ,an assessment of the capability of the ,department to support teleworking by employees engaged in responsibilities that require the review of classified materials4 7#g7 ,recommendations for improving teleworking capabilities for all employees1 including for employees engaged in responsibilities that require the review of classified materials4 #gje4 ,transportation security public health threat preparedness 7a7 ,definitions ,in this section3 7#a7 ,administration2 ,,tsa ,the terms ,administration and ,,tsa mean the ,transportation ,security ,administration4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,transportation ,security ,administration4 7#c7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7#d7 ,department ,the terms ,department means the ,department of ,homeland ,security4 7b7 ,authorization of ,,tsa personnel details 7#a7 ,in general ,pursuant to section #aad7m7 of title #di1 ,united ,states ,code1 the ,administrator is authorized to provide ,administration personnel to other components of the ,department and other ,federal agencies to improve coordination with such components and such agencies to prepare for1 protect against1 and respond to public health threats to transportation security4 7#b7 ,strategy ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator shall brief the appropriate congressional committees regarding a strategy to improve coordination with other components of the ,department and other ,federal agencies to prepare for1 protect against1 and respond to public health threats to transportation security4 7c7 ,,tsa preparedness 7#a7 ,risk analysis ,to the extent possible and in consultation with transportation security stakeholders1 the ,administrator shall conduct an analysis of transportation sector preparedness for public health threats4 ,such analysis shall assess at a minimum the following3 7,a7 ,the risks of public health threats to transportation security1 including to transportation hubs1 transportation security stakeholders1 ,administration personnel1 and passengers4 7,b7 ,information sharing challenges among relevant components of the ,department1 other ,federal agencies1 international partners1 and transportation security stakeholders4 7,c7 ,impacts on changes to ,administration policies and procedures for screening passengers and property4 7#b7 ,briefing to ,congress ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator shall brief the appropriate congressional committees on the following3 7,a7 ,the risk analysis required under paragraph 7#a74 7,b7 ,technologies necessary to advance toward a contactless checkpoint to better protect from future public health threats ,administration personnel1 passengers1 airport personnel1 and authorized personnel who pass through airport screening areas4 7,c7 ,policies and procedures implemented by the ,administration and transportation security stakeholders to protect from public health threats ,administration personnel1 passengers1 airport personnel1 and authorized personnel who pass through airport screening areas1 as well as future plans for additional measures relating to such protection4 7,d7 ,the status of existing or future planned security directives or emergency amendments to air carrier security requirements for flights from international points4 7,e7 ,how the ,administration coordinates and shares information with relevant domestic and international partners during a public health threat1 and how such coordination may be improved4 #gjf4 ,securing critical supplies 7a7 ,strategy ,to prevent a shortage of items determined ,to be critical to survival during a crisis and safeguard the supply chains of such items ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 acting through the ,under ,secretary and the ,director1 shall-- 7#a7 identify items determined by the ,secretary to be critical to survival during a crisis resulting from a terrorist attack1 pandemic1 or natural disaster2 7#b7 assess the activities of the ,department with respect to the prevention of a shortage of items2 7#c7 assess vulnerabilities in the supply chain for such items1 which vulnerabilities may be exploited by individuals1 entities1 or foreign terrorist organizations that may have an adversarial relationship with the ,united ,states2 and 7#d7 develop and submit to the appropriate congressional committees a-- 7,a7 report containing a strategy to prevent such a shortage based upon the assessments required under paragraph 7#b72 and 7,b7 classified annex to the report required under subparagraph 7,a7 relating to a strategy to prevent the exploitation of vulnerabilities in the supply chain for such items based upon the assessment required under paragraph 7#c74 7b7 ,matters included ,the strategies required under subsection 7a7 shall include-- 7#a7 an identification of items that the ,secretary determines to be critical to survival1 including-- 7,a7 food and water2 7,b7 prescription medication2 7,c7 medical supplies2 and 7,d7 energy infrastructure and supplies2 7#b7 an examination of whether the source of any such item is foreign-owned1 controlled1 or influenced by a country that may have an adversarial relationship with the ,united ,states2 and 7#c7 recommendations with respect to steps the ,department could take to-- 7,a7 ensure the availability of such items2 and 7,b7 safeguard from exploitation by individuals1 entities1 or foreign terrorist organizations the supply chain for such items4 7c7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7#b7 ,department ,the term ,department means the ,department of ,homeland ,security4 7#c7 ,director ,the term ,director means the ,director of the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#e7 ,under ,secretary ,the term ,under ,secretary means the ,under ,secretary of ,intelligence and ,analysis of the ,department of ,homeland ,security4