[Senate Report 115-351]
[From the U.S. Government Publishing Office]
Calendar No. 381
115th Congress } { Report
SENATE
2d Session } { 115-351
_______________________________________________________________________
DEPARTMENT OF HOMELAND SECURITY REAUTHORIZATION ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
H.R. 2825
TO AMEND THE HOMELAND SECURITY ACT OF 2002 TO MAKE
CERTAIN IMPROVEMENTS IN THE LAWS ADMINISTERED BY THE
SECRETARY OF HOMELAND SECURITY, AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 13, 2018.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
89-010 WASHINGTON : 2018
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona CLAIRE McCASKILL, Missouri
ROB PORTMAN, Ohio THOMAS R. CARPER, Delaware
RAND PAUL, Kentucky HEIDI HEITKAMP, North Dakota
JAMES LANKFORD, Oklahoma GARY C. PETERS, Michigan
MICHAEL B. ENZI, Wyoming MAGGIE HASSAN, New Hampshire
JOHN HOEVEN, North Dakota KAMALA D. HARRIS, California
STEVE DAINES, Montana DOUG JONES, Alabama
Christopher R. Hixon, Staff Director
Gabrielle D'Adamo Singer, Chief Counsel
Michael J. Lueptow, Chief Counsel for Homeland Security
Margaret E. Daum, Minority Staff Director
Charles A. Moskowitz, Minority Senior Legislative Counsel
Subhasri Ramanathan, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 381
115th Congress } { Report
SENATE
2d Session } { 115-351
======================================================================
DEPARTMENT OF HOMELAND SECURITY REAUTHORIZATION ACT
_______
November 13, 2018.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany H.R. 2825]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (H.R. 2825) to amend
the Homeland Security Act of 2002 to make certain improvements
in the laws administered by the Secretary of Homeland Security,
and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History.............................................25
IV. Section-by-Section Analysis.....................................27
V. Evaluation of Regulatory Impact.................................59
VI. Congressional Budget Office Cost Estimate.......................59
VII. Changes in Existing Law Made by the Act, as Reported............63
I. Purpose and Summary
H.R. 2825 authorizes the Department of Homeland Security
(DHS or the Department) and makes improvements to multiple
Department policies and programs. The Act includes seven titles
covering headquarters, acquisition accountability, intelligence
and information sharing, emergency preparedness, the Federal
Emergency Management Agency, a new Cybersecurity and
Infrastructure Security Agency, and other matters.
II. Background and the Need for Legislation
In response to the terrorist attacks against the United
States on September 11, 2001, Congress established the
Department with the passage of the Homeland Security Act of
2002.\1\ The establishment of the Department represented the
most significant transformation of the U.S. Government in over
a half-century.\2\ Prior to its creation, homeland security
activities were spread across more than 100 Federal
organizations.\3\ DHS was created to be America's ``single,
unified homeland security structure that will improve
protection against today's threats and be flexible enough to
help meet the unknown threats of the future.''\4\ Since 2002,
DHS has undergone internal reorganizations and consolidations
to create efficiencies, enhance mission effectiveness, and
reduce duplication of effort across Department components.
Today, DHS consists of 14 operational and support components,
in addition to the Office of the Secretary.\5\
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\1\Pub. L. No. 107-296 (107th Cong.) (2002).
\2\U.S. Department of Homeland Security, DHS, (June 2002), https://
www.dhs.gov/sites/default/files/publications/book_0.pdf.
\3\Id.
\4\Id.
\5\U.S. Department of Homeland Security, Operational and Support
Components, https://www.dhs.gov/operational-and-support-components.
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The Department has five core missions and responsibilities
that include: ``prevent terrorism and enhanc[e] security;
secure and manage our borders; enforce and administer our
immigration laws; safeguard and secure cyberspace; and ensure
resilience to disasters.''\6\
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\6\DHS, Our Mission, https://www.dhs.gov/our-mission (last updated
May 11, 2016).
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Authorizing legislation is a critical responsibility of
Congress to provide direction for the missions, activities, and
offices of executive agencies. Therefore, this Committee aims
to provide DHS comprehensive guidance in a reauthorization of
the Department to clarify its organization, authorities, and
responsibilities.
Title I--DHS Headquarters
The Department has not been fully reauthorized since its
inception over fifteen years ago. As the threat landscape
continues to evolve, the Department adjusted its organization
and activities to address emerging threats and protect the U.S.
homeland.\7\ This evolution of the Department's duties and
organization, including the structure and operations of the DHS
Headquarters, has never been codified in statute.
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\7\See, e.g., The Department of Homeland Security, (June 2002),
available at https://www.dhs.gov/sites/default/files/publications/
book_0.pdf. Compare Department of Homeland Security Original
Organization Chart, March 2003, available at https://www.dhs.gov/
xlibrary/assets/dhs-org-chart-2003.pdf, with Department of Homeland
Security Organization Chart, available at https://www.dhs.gov/sites/
default/files/publications/18_0519_DHS_Organizational_Chart.pdf (May
21, 2018).
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Title I of the Homeland Security Act of 2002 established
DHS, its mission, and the roles and responsibilities of several
offices and officers in the Department that directly support
the DHS Secretary in management of the Department and its
activities.\8\ However, not all components of the DHS
Headquarters were initially outlined in the Homeland Security
Act of 2002, and the functionality of headquarters components
has evolved over the past fifteen years.
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\8\Pub. L. No. 107-296 (107th Cong.) (2002).
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The Department's Headquarters and management have struggled
with a variety of issues since initial authorization and
establishment. GAO and the DHS OIG have consistently cited
challenges with oversight of management, acquisitions and
procurement, workforce strategic planning and retention, and
stakeholder engagement. For example, since 2003, GAO has
consistently placed management functions of the Department on
its High Risk List.\9\ The initial undertaking of consolidating
22 different agencies and organizations into one cabinet-level
department posed great challenges in and of itself. However, as
the threat landscape and the DHS mission evolved over the
years, so did the management challenges. In 2013, DHS made
enough progress in its operational components that GAO
refocused its reporting specifically on DHS Headquarters.\10\
For DHS to succeed, the institutional framework for the
Department's Headquarters, including offices and critical
leadership positions, need clearly defined roles and
authorities as directed by Congress.
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\9\Gov't Accountability Office, GAO-17-317, Strengthening
Department of Homeland Security Management Functions, https://
www.gao.gov/highrisk/strengthening_homeland_security/why_did_study.
\10\Id.
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Title I of this Act codifies some of the organizational
changes DHS has made to address challenges and enhance
oversight and management of critical initiatives. This
legislation clarifies responsibilities for key leadership roles
within the Headquarters, including the Chief Acquisitions
Officer and Chief Human Capital Officer (CHCO), to ensure
effective and strategic management of all of the Department's
resources. One specific authority granted to chief officers to
make management more effective is the ability for Headquarters
to directly oversee their operational component counterparts.
Another position codified in the Act but not included in
the Homeland Security Act of 2002 is the Chief Procurement
Officer, tasked with oversight of procurement contracts and
major acquisitions for DHS.\11\ DHS has historically struggled
with large-scale procurements and acquisition programs.\12\ For
example, the Secure Border Initiative Network (SBInet)
technology acquisition process started in November 2005 to
enhance security along the entire southwest border.\13\ The DHS
Office of Inspector General (OIG), the Government
Accountability Office (GAO), and hearings held by the Committee
have highlighted the failures of SBInet due to acquisition
management deficits.\14\ DHS ended the multi-billion dollar
project after numerous schedule delays, cost overruns, and
technical problems.\15\ Ultimately the program cost the
taxpayers $1 billion and only provides security to 53 miles of
the 387-mile Arizona-Mexico border.\16\ By codifying the Chief
Procurement Officer's position, role, and responsibilities, the
Act provides needed organizational controls at DHS Headquarters
to oversee and implement consistent procurement activities of
DHS components.
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\11\Pub. L. No. 107-296 (107th Cong.) (2002).
\12\Gov't Accountability Office, GAO-17-346SP, Earlier Requirements
Definition and Clear Documentation of Key Decisions Could Facilitate
Ongoing Progress (2017), https://www.gao.gov/products/GAO-17-346SP.
\13\Gov't Accountability Office, GAO-08-131T, Observations on
Selected Aspects of SBInet Program Implementation (2007), https://
www.gao.gov/assets/120/118254.pdf.
\14\Gov't Accountability Office, GAO-10-840T, DHS Needs to Follow
Through on Plans to Reassess and Better Manage Key Technology Program
(2010), https://www.gao.gov/new.items/d10840t.pdf; Securing the Border:
Fencing, Infrastructure, and Technology Force Multipliers: S. Homeland
Sec. & Governmental Affairs Comm., 114th Cong. (2015) (Statement of
Chairman Ron Johnson); and Border Security: Moving Beyond the Virtual
Fence: S. Homeland Sec. & Governmental Affairs Comm., 114th Cong.
(2010) (Statement of Chairman Joseph Lieberman).
\15\Gov't Accountability Office, GAO-14-368, Arizona Border
Surveillance Technology Plan: Additional Actions Needed to Strengthen
Management and Assess Effectiveness (2014), https://www.gao.gov/assets/
670/661297.pdf.
\16\Id.
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The Committee remains concerned about the ability of the
Department to effectively manage its resources to execute its
mission. The Act contains a provision that enhances the
Committee's ability to conduct oversight of the Department's
budget and increases transparency of how its resources are used
to carry out vital homeland security programs and operations.
Specifically, the Act requires DHS to submit annual reports to
the Homeland Security Committees (as defined in the
legislation) that include information regarding the transfer
and reprogramming of funds to address unforeseen costs and
operational surges through 2023.
The Committee was concerned that the Department was not
sufficiently organized to address threats posed by chemical,
biological, radiological and nuclear weapons. Building on other
Federal entities' efforts to consolidate and streamline their
weapons of mass destruction mission functions, Congress
required DHS to review its weapons of mass destruction
responsibilities and consider how best to restructure these
functions.\17\ DHS submitted its report in June 2015.\18\ GAO
subsequently concluded that the Department's proposed
reorganization did not include an assessment of the potential
problems, costs, and benefits resulting from its consolidation
proposal.\19\ Congress did not enact legislation to consolidate
the Department's chemical, biological, radiological, nuclear,
and explosives functions as outlined in the 2015 proposal.\20\
In October 2017, acting through authorities provided under
section 872 of the Homeland Security Act of 2002, the
Department notified Congress of its plans to reorganize and
combine its weapons of mass destruction mission functions into
a Countering Weapons of Mass Destruction (CWMD) office.\21\
This reorganization was effective December 2017.\22\
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\17\Senate explanatory statement accompanying the Consolidated and
Further Continuing Appropriations Act, 2013, Pub. L. No. 113-6, 127
Stat. 198 (2013), 159 Cong. Rec. S1547 (daily ed. Mar. 11, 2013). See
also H.R. Rep. No. 112-492, at 13-14 (2012).
\18\Gov't Accountability Office, GAO-16-603, DHS's Chemical,
Biological, Nuclear and Explosives Program Consolidation Proposal Could
Better Consider Benefits and Limitations (2016), https://www.gao.gov/
products/GAO-16-603.
\19\Gov't Accountability Office, GAO-16-603, DHS's Chemical,
Biological, Nuclear and Explosives Program Consolidation Proposal Could
Better Consider Benefits and Limitations (2016), https://www.gao.gov/
products/GAO-16-603.
\20\See H.R. 3875, Department of Homeland Security CBRNE Defense
Act of 2015, 114th Cong.; see also Examining the Department of Homeland
Security's Efforts to Counter Weapons of Mass Destruction, H. Homeland
Sec. Comm., Emergency Preparedness, Response, and Communications
Subcomm., 115th Cong. (2017), https://homeland.house.gov/hearing/
examining-department-homeland-securitys-efforts-counter-weapons-mass-
destruction/.
\21\Letter from The Honorable Elaine Duke, Acting Secretary, Dep't
of Homeland Sec., to The Honorable Ron Johnson, Chairman, to Homeland
Sec. & Governmental Affairs Comm. (Oct. 6, 2017); Letter from The
Honorable Elaine Duke, Acting Secretary, Dep't of Homeland Sec., to The
Honorable Claire McCaskill, Ranking Member, Homeland Sec. &
Governmental Affairs Comm. (Oct. 6, 2017).
\22\Press Release, Dep't of Homeland Sec., Secretary Nielsen
Announces the Establishment of the Countering Weapons of Mass
Destruction Office (Dec. 7, 2017), https://www.dhs.gov/news/2017/12/07/
secretary-nielsen-announces-establishment-countering-weapons-mass-
destruction-office.
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This Act authorizes the establishment of the CWMD office
within DHS and codifies a basic organizational structure in
which the Domestic Nuclear Detection Office (DNDO) and portions
of the Office of Health Affairs comprise the new CWMD office.
Because questions remain about the new organizational
structure,\23\ the CWMD office is authorized for a five-year
period, after which time, Congress is required to re-authorize
the office. If Congress does not reauthorize the office, the
entities and functions comprising the office will be structured
as they were preceding the enactment of this Act.
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\23\Examining the Department of Homeland Security's Efforts to
Counter Weapons of Mass Destruction, H. Homeland Sec. Comm., Emergency
Preparedness, Response, and Communications Subcomm., 115th Cong.
(2017), https://homeland.house.gov/hearing/examining-department-
homeland-securitys-efforts-counter-weapons-mass-destruction/ (Statement
of Chairman Ray Donovan).
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Title I also includes authorizing language related to human
resources and other matters, which are intended, in part, to
support the Department's efforts to enhance strategic workforce
planning and improve overall employee effectiveness and morale.
The Committee remains concerned that DHS has not taken the
steps necessary to develop workforce plans that identify and
address critical skills gaps across the Department. DHS remains
on GAO's High-Risk List due in part to its inability to fully
address human capital management challenges through the
identification of the people and resources needed to fill
critical mission support positions, specifically information
technology and acquisition positions.\24\ The authorizing
language codifies the role and responsibilities of the
Department's CHCO and includes provisions to address human
capital management deficiencies. Specifically, the CHCO is
charged with executing strategic resource plans that are driven
by industry best practices, assessing the resourcing
requirements for mission-support functions, and assessing the
Department's efforts to recruit and retain employees in rural
areas. The CHCO is to make policy recommendations to the
Secretary and Congress, as necessary, to enhance the
Department's human capital management processes.
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\24\Roundtable-Reauthorizing DHS: Positioning DHS to Address New &
Emerging Threats to the Homeland, S. Homeland Sec. & Governmental
Affairs Comm. 5, 115th Cong. (2017), https://www.hsgac.senate.gov/imo/
media/doc/Testimony-Scott-2018-02-07.pdf (Statement of George A. Scott,
Managing Director, GAO Homeland Security & Justice).
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The Committee is also concerned that DHS consistently ranks
at or near the bottom of the annual Federal Employee Viewpoint
Survey (FEVS) administered by the U.S. Office of Personnel
Management.\25\ Despite year-over-year improvements based on
the most recent survey results, the Committee remains concerned
about the overall employee morale and effectiveness of
management to create a high-performing culture across
components of the Department.
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\25\Joe Davidson, Report ranks best and worst agencies for federal
employees, Wash. Post (Dec. 15, 2016), https://www.washingtonpost.com/
news/powerpost/wp/2016/12/15/report-ranks-best-and-worst-agencies-for-
federal-employees/?utm_term=.0f79787e3498.
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However, the Committee also recognizes the Department's
efforts to improve historically-low employee morale. For
instance, DHS has taken steps to strengthen employee engagement
by implementing a GAO recommendation to establish metrics to
evaluate the success of the Department's employment engagement
action plans.\26\ The Department's 2017 FEVS scores are
indicative of this progress, as DHS's scores increased across
four areas--leadership and knowledge management, results-
oriented performance culture, talent management, and job
satisfaction.\27\
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\26\Roundtable-Reauthorizing DHS: Positioning DHS to Address New &
Emerging Threats to the Homeland, S. Homeland Sec. & Governmental
Affairs Comm. 7, 115th Cong. (2017), https://www.hsgac.senate.gov/imo/
media/doc/Testimony-Scott-2018-02-07.pdf (Statement of George A. Scott,
Managing Director, GAO Homeland Security & Justice).
\27\Id.; Best Places to Work in the Federal Government, Agency
Report: Department of Homeland Security, http://bestplacestowork.org/
BPTW/rankings/detail/HS00.
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In testimony before the Committee, George Scott, GAO's
Managing Director for Homeland Security and Justice Issues,
stated that improving DHS's employee morale is a ``significant
undertaking that will likely require multiyear efforts'' to
fully address.\28\ To better position DHS to continue improving
morale, this Act requires an employee engagement and retention
plan to enhance and build upon recent efforts to improve
employee morale across the Department and its components.
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\28\Roundtable-Reauthorizing DHS: Positioning DHS to Address New &
Emerging Threats to the Homeland, S. Homeland Sec. & Governmental
Affairs Comm. 4, 115th Cong. (2017), https://www.hsgac.senate.gov/imo/
media/doc/Testimony-Scott-2018-02-07.pdf (Statement of George A. Scott,
Managing Director, GAO Homeland Security & Justice).
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The ever-present threat of malicious cyber-related attacks
on our nation's critical infrastructure and Federal computer
networks represents a significant challenge for the Department.
As the lead Federal agency responsible for coordinating with
public and private sector partners to mitigate these threats,
DHS must ensure that it effectively deploys the tools,
capabilities and workforce necessary to execute its
mission.\29\ GAO reported in February 2018 that DHS began the
process of identifying its workforce capability gaps, but has
yet to comply with a congressional mandate to identify and
report Department-wide cybersecurity critical needs.\30\ As
such, the Committee is concerned that DHS may not have a
workforce with the skills to carry out its mission. Moreover,
the Committee echoes concerns raised by the Office of
Management and Budget that the ability to attract and retain
cybersecurity and information technology talent poses
significant challenges and risks throughout the Federal
Government.\31\
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\29\U.S. Government Accountability Office, GAO-18-175,
Cybersecurity Workforce: Urgent Need for DHS to Take Actions to
Identify Its Position and Critical Skill Requirements, https://
www.gao.gov/assets/690/689880.pdf.
\30\Id.
\31\Federal Cybersecurity Workforce Strategy, Memorandum M-16-15,
Office of Management and Budget (July 12, 2016).
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The Committee is also concerned that DHS is not
sufficiently adhering to the Federal Information Technology
Acquisition Reform Act (FITARA)--a bill aimed at reforming
Federal information technology management and its acquisition
workforce.\32\ For instance, according the most recent Biannual
FITARA Scorecard released in November 2017 by the House
Committee on Oversight and Government and GAO, DHS's score
declined from a B- to C- over the previous reporting
period.\33\
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\32\National Defense Authorization Act for Fiscal Year 2015, Pub.
L. No. 113-291, division A, title VIII, subtitle D, 128 Stat. 3292,
3438-50 (Dec. 19, 2014), 40 U.S.C. Sec. 11319(b)(1)(B)(ii).
\33\OGR Biannual FITARA Scorecard, https://oversight.house.gov/wp-
content/uploads/2017/11/FITARA-Scorecard-5.0-.pdf.
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As a step toward addressing these issues, this Act includes
provisions to incorporate cybersecurity into DHS research and
development activities by ensuring that the Department has
access to the tools and resources necessary to properly execute
its cybersecurity mission. Specifically, this Act requires DHS
to submit a report detailing new cybersecurity projects and
develop a training program for acquisitions staff involved in
acquiring new cybersecurity technologies. The language also
authorizes a cybersecurity talent exchange program to
strengthen public and private sector collaboration on
cybersecurity, which will support the Department's ability to
execute its cybersecurity responsibilities including enhancing
infrastructure security.
The Act also addresses an emerging threat related to U.S.
election systems. DHS and the Intelligence Community confirmed
that a number of states were targeted by Russia during the 2016
Presidential election.\34\ While the Committee is pleased that
DHS is working with state and local election officials to
secure election infrastructure by providing a suite of tools
including risk and vulnerability assessments, cyber hygiene
scans, and intelligence threat feeds, we remain concerned about
future efforts to interfere in U.S. elections and will continue
conducting oversight of the Department's efforts.\35\ This Act
requires the Secretary to prioritize providing assistance, as
appropriate, to state and local election officials. DHS must
provide a yearly unclassified report to Congress on the
Department's responsibilities and activities coordinating the
election infrastructure critical infrastructure sector and its
priorities for enhancing the sector's security. The report may
have a classified annex.
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\34\Assessing Russian Activities and Intentions in Recent US
Elections, Office of Director of National Intelligence (Jan. 6, 2017),
https://www.dni.gov/files/documents/ICA_2017_01.pdf.
\35\Election Security, Hearing before the S. Select Comm. On
Intelligence (Mar. 21, 2018), https://www.dhs.gov/news/2018/03/21/
written-testimony-dhs-senate-select-committee-intelligence-hearing-
titled-election (DHS Written Testimony); DHS Statement on NBC News
Coverage of Election Hacking, Feb. 12, 2018, https://www.dhs.gov/news/
2018/02/12/dhs-statement-nbc-news-coverage-election-hacking.
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Title I also directs the Department to perform research and
development on canine detection. It is a priority for the
Committee to enhance national security and transportation
screening capabilities, and DHS's canine detection program has
proven to be an effective method to do so. The Committee held a
hearing in 2016 to examine the capabilities of the program and
how canines assist in homeland security.\36\ The hearing
highlighted the effectiveness of the program and its ability to
significantly increase DHS's capacity to detect illicit drugs,
screen passengers and cargo, and provide security.\37\ This Act
advises on areas of research and development to canine
detection and encourages coordination between public and
private sectors, as well as academia.
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\36\Dogs of DHS: How Canine Programs Contribute to Homeland
Security, S. Homeland Sec. & Governmental Affairs Comm. (Mar. 3, 2016),
https://www.hsgac.senate.gov/hearings/dogs-of-dhs-how-canine-programs-
contribute-to-homeland-security.
\37\Id.
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Title II--Department of Homeland Security Acquisition Accountability
and Efficiency
DHS spends billions of dollars each year on acquisitions of
critical programs and systems to accomplish its mission-
essential functions, and cost estimates for the Department's
existing major acquisitions programs are over $180 billion.\38\
The Department's acquisitions include a broad range of goods
and services, from air and marine vessels for the U.S. Coast
Guard and Customs and Border Protection (CBP) to secure
American borders and ports to Continuous Diagnostics and
Mitigation (CDM) cybersecurity tools that support Federal
agencies.\39\ Component agencies are empowered to establish and
execute their own acquisitions processes, while the Department
Headquarters is supposed to oversee and provide guidance and
frameworks for the components' acquisitions management
processes as well as for Department-wide review of major
acquisitions programs.\40\
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\38\See U.S. Gov't Accountability Off., Homeland Security
Acquisitions: DHS Has Strengthened Management, but Execution and
Affordability Concerns Endure (March 2016), https://www.gao.gov/assets/
680/676240.pdf.
\39\See Department of Homeland Security, Budget-in-Brief: Fiscal
year 2019 (February 2019), https://www.dhs.gov/publication/fy-2019-
budget-brief.
\40\Major acquisitions programs are programs with life cycle cost
estimates amounting to greater than $300 million. U.S. Gov't
Accountability Off., GAO-16-338SP, Homeland Security Acquisitions: DHS
Has Strengthened Management, but Execution and Affordability Concerns
Endure (Mar. 2016), https://www.gao.gov/assets/680/676240.pdf.
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As a result of combining 22 agencies--some legacy and
others completely new entities--into one department to create
DHS, the Department has faced a series of challenges in
acquisitions management. Since 2003, acquisitions has been a
primary driver of DHS's inclusion on the GAO ``high risk''
list, with GAO pointing to staffing, funding, requirements
issues, and a lack of oversight and accountability that have
resulted in increased costs, extended project timelines and
execution failures in contract performance across the
Department.\41\
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\41\See U.S. Gov't Accountability Off., DHS Management--High Risk
Issue, https://www.gao.gov/key_issues/
dhs_implementation_and_transformation/issue_summary (last visited Oct.
4, 2018); DHS Management and Acquisition Reform: Hearing Before the S.
Comm. On Homeland Sec. and Gov't Affairs, 114th Cong. (March 16, 2016)
(Statement of John Roth, Inspector General, Dep't of Homeland Sec. 1)
https://www.oig.dhs.gov/assets/TM/2016/OIGtm-JR-031616.pdf, hereinafter
``DHS Management and Acquisition Reform Hearing''; DHS Management and
Acquisition Reform Hearing (Statement of Rebecca Gambler, Director,
Homeland Security and Justice, and Michele Mackin, Director,
Acquisition and Sourcing Management; U.S. Gov't Accountability Office,
GAO-16-507T, Progress Made, but Work Remains in Strengthening
Acquisition and Other Management Functions 16, https://www.gao.gov/
assets/680/675827.pdf, hereinafter ``DHS Management and Acquisition
Reform Hearing'' (Statement of GAO).
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The Department has taken a series of steps to improve its
acquisition processes since its formation in attempts to
address these challenges. In 2008, DHS created its Acquisition
Life Cycle Framework to improve efficiency and consistency in
acquisition management, and it established the Office of
Program Accountability and Risk Management (PARM) in 2011 to
oversee major acquisition programs and workforce, develop
program management policies, and collect performance data.\42\
DHS's 2013 Acquisition Management Directive 102 (MD 102)
provided the framework for all Department policies and
processes to manage current and future acquisitions and
enterprise services.\43\ DHS attempted to strengthen
acquisition oversight by empowering Component Acquisition
Executives (CAEs) with authority over program managers, and
with the CAEs reporting to the Under Secretary for Management
(USM), who under departmental policy serves with the Deputy
Secretary as the ultimate acquisition decision authority within
the Department.\44\
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\42\See U.S. Gov't Accountability Off., GAO-15-292, Homeland
Security Acquisitions: DHS Should Better Define Oversight Roles and
Improve Program Reporting to Congress 5 (Mar. 2015), https://
www.gao.gov/assets/670/668975.pdf; DHS Management and Acquisition
Reform Hearing (Statement of GAO).
\43\See Dep't of Homeland Sec., Directive 102-1 (Rev 02),
Acquisition Management Directive (February 2013), https://www.dhs.gov/
sites/default/files/publications/102-
01_Acquisition_Management_Directive_Rev02.pdf.
\44\See U.S. Gov't Accountability Off., GAO-16-338SP, Homeland
Security Acquisitions: DHS Has Strengthened Management, but Execution
and Affordability Concerns Endure 5 (Mar. 31, 2016), https://
www.gao.gov/assets/680/676240.pdf; DHS Management and Acquisition
Reform Hearing (Statement of GAO); U.S. Gov't Accountability Off., GAO-
15-292, Homeland Security Acquisitions: DHS Should Better Define
Oversight Roles and Improve Program Reporting to Congress 13 (March
2015), https://www.gao.gov/assets/670/668975.pdf.
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Although DHS has taken steps to establish greater rigor and
structure for the Department's acquisition activities and
improve management, the Committee remains concerned by GAO's
findings of inconsistent implementation of the acquisition
guidance and processes across the subordinate components and
resulting wasteful spending of untold billions of taxpayer
dollars.\45\ The Committee remains concerned that DHS continues
to be beset by longstanding challenges in managing its major
acquisition programs, resulting in the wasteful spending of
untold billions of taxpayer dollars.
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\45\See U.S. Gov't Accountability Office, GAO-15-292, Homeland
Security Acquisitions: DHS Should Better Define Oversight Roles and
Improve Program Reporting to Congress (Mar. 2015), https://www.gao.gov/
assets/670/668975.pdf; U.S. Gov't Accountability Office, GAO-17-346SP,
Homeland Security Acquisitions: Earlier Requirements Definition and
Clear Documentation of Key Decisions Could Facilitate Ongoing Progress
1 (2017), http://www.gao.gov/assets/690/683977.pdf; see also Dana
Hedgpath, Congress Says DHS Oversaw $15 Billion in Failed Contracts,
Wash. Post (Sept. 17, 2008), http://www.washingtonpost.com/wp-dyn/
content/article/2008/09/16/AR2008091603200.html.
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The lack of proper acquisition methodology and oversight
across DHS not only has degraded the Department's ability to
execute its mission, as evidenced by the SBInet failure, but
also its basic management functions. For example, the 2017
failure of the $24.2 million Performance and Learning
Management System (PALMS) set back efforts to provide
Department-wide improvement in efficiency and reliability of
performance and learning management processes.\46\ The DHS OIG
also reported in November 2017 that the Department's inadequate
internal policies and competing priorities resulted in DHS
failing to follow statutory requirements for using Other
Transaction Authority (OTA) and reporting its use to
Congress.\47\ The persistent challenges DHS has faced in
management of its acquisitions have been a major factor
contributing to DHS's inclusion on GAO's list of high-risk
agencies and programs since the Department's creation.\48\
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\46\See Off. of the Inspector Gen., Dep't of Homeland Sec., PALMS
Does Not Address Department Needs 8, 11 (June 30, 2017), https://
www.oig.dhs.gov/sites/default/files/assets/2017/OIG-17-91-Jun17.pdf.
\47\See Off. of the Inspector Gen., Dep't of Homeland Sec.,
Department of Homeland Security's Use of Other Transaction Authority 1,
7-8 (November 30, 2017), https://www.oig.dhs.gov/sites/default/files/
assets/2017-12/OIG-18-24-Nov17.pdf.
\48\See U.S. Gov't Accountability Off., GAO-17-317, Hisk-Risk
Series: Progress on Many High-Risk Areas, While Substantial Efforts
Needed on Others (Feb. 2017), https://www.gao.gov/assets/690/
682765.pdf.
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To facilitate the Department developing a cohesive approach
to acquisitions management, the Act requires DHS to provide
clear written guidance on the requirements and responsibilities
across DHS component agencies for it to successfully manage and
hold accountable its procurement and oversight operations. In
the face of the substantial issues continuing to challenge
acquisition management across the Department, Title II of this
Act codifies the roles and responsibilities of the key
stakeholders in DHS acquisitions processes, including the Chief
Financial Officer, the Chief Information Officer, and the USM
of the Department. The USM is codified as the Department's
Chief Acquisitions Officer, and therefore is responsible for
acquisition oversight and management activities across DHS. To
enable congressional oversight of the USM in fulfilling this
role, the USM is required to develop and brief Congress on a
multi-year acquisition strategy that will provide needed
guidance to departmental components and drive strategically-
oriented and agile procurement activities across DHS.
The Committee recognizes the need for an innovative,
streamlined approach to improve acquisitions programs; however,
the Department's inability to meet statutory requirements for
using innovative mechanisms such as Other Transaction Authority
indicate the need for enhanced oversight of these
activities.\49\ This legislation establishes a wide scope of
authorities for DHS to test emerging acquisitions practices but
also delineates a reporting mechanism to Congress regarding the
departmental use and impacts of innovative acquisitions
mechanisms. To further enhance responsible resource management
across the Department, Title II of this Act also limits DHS in
its use of acquisitions vehicles that can restrict efficient
and effective acquisitions management, such as bridge
contracts, and prohibits the use of cost-plus contracts for
major acquisition programs. DHS may only implement a cost-type
contract for a major acquisition program after issuance of a
written determination that the program's complexity and
difficulty in establishing program requirements necessitate the
use of a cost-type contract. DHS is also required to assess and
report the root causes of any instances of breaches of major
acquisition programs. Ultimately, these measures will help
mitigate the risk of cost overruns.
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\49\See Off. of the Inspector Gen., Dep't of Homeland Sec.,
Department of Homeland Security's Use of Other Transaction Authority 1,
7-8 (Nov. 30, 2017), https://www.oig.dhs.gov/sites/default/files/
assets/2017-12/OIG-18-24-Nov17.pdf.
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The Department's lack of a coordinated and centralized
mechanism for overseeing suspension and debarment activities
has contributed to inaccurate reporting and inadequate
documentation of suspensions and debarments across DHS
components.\50\ This legislation contains a provision to ensure
that DHS appropriately addresses these weaknesses through the
establishment of a suspension and debarment program that
integrates information and facilitates centralized oversight
and transparency of related activities across all DHS
components. The DHS Chief Procurement Officer is also required
to establish a process for reviewing performance of contractors
and to integrate such considerations of performance into
contract award determination processes.
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\50\DHS OIG, DHS Needs to Strengthen Its Suspension and Debarment
Program, (Jan. 25, 2018), https://www.oig.dhs.gov/sites/default/files/
assets/2018-01/OIG-18-41-Jan18.pdf.
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Title III--Intelligence and Information Sharing
Congress created the Department in 2002 in part to improve
U.S. intelligence and information sharing to prevent another
catastrophic attack like that of September 11th, 2001.\51\
Since the Department's creation, threats to the homeland have
evolved. New technology provides a broader reach for terrorist
propaganda and secure communications that are used to
facilitate plots that remain beyond the reach of law
enforcement.\52\ Congress has periodically reformed the U.S.
Intelligence Community;\53\ DHS's intelligence and information
sharing programs require a similar update.
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\51\See Subtitle I of Title VIII of the Homeland Security Act of
2002, with the short title ``Homeland Security Information Sharing
Act,'' https://www.gpo.gov/fdsys/pkg/PLAW-107publ296/pdf/PLAW-
107publ296.pdf; see also, Gov't Accountability Office, GAO-03-715T,
Homeland Security: Information Sharing Responsibilities Challenges, and
Key Management Issues (May 8, 2003), available at https://www.gao.gov/
products/GAO-03-715T.
\52\Jihad 2.0: Social Media in the Next Evolution of Terrorist
Recruitment: Hearing Before S. Comm. on Homeland Sec. & Governmental
Affairs, 114th Cong. (2015); see also Threats to the Homeland: Hearing
Before S. Comm. on Homeland Sec. & Governmental Affairs, 114th Cong.
(2015); see also Fifteen Years After 9/11: Threats to the Homeland:
Hearing Before S. Comm. on Homeland Sec. & Governmental Affairs, 114th
Cong. (2016); see also Threats to the Homeland: Hearing Before S. Comm.
on Homeland Sec. & Governmental Affairs, 115th Cong. (2017).
\53\Intelligence Reform and Terrorism Prevention Act of 2004, Pub.
L. No. 108-458 (108 Cong.) (2004); see also the Protect America Act of
2007, Pub. L. No. 110-55 (110 Cong.) (2007).
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Congressional and watchdog oversight efforts of DHS since
2002 have identified significant weaknesses and raised
questions about the role, value, and effectiveness of DHS
intelligence programs.\54\ For example, a bipartisan
investigation conducted by the Committee's Permanent
Subcommittee on Investigations reported in 2012 that Federally-
supported state and local fusion centers had not provided
useful intelligence to support Federal counterterrorism
efforts.\55\ A 2015 review of the Department's performance by
the Committee's then-Ranking Member, Senator Tom Coburn,
questioned the extent to which DHS is focused on its stated
mission of terrorism prevention as opposed to response and
recovery from terrorist acts.\56\ A more recent 2016 House of
Representatives Homeland Security Committee Majority review
also found that DHS intelligence analysts were not familiar
with component data, that data sharing within the DHS
intelligence enterprise was personality-driven and limited by
incompatible systems and reporting formats, and that many
components felt that DHS Intelligence and Analysis (I&A)
employees used the Chief Intelligence Officer's authority to
dictate unreasonable Department-wide policies.\57\
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\54\S. Permanent Subcommittee on Investigations, Federal Support
for and Involvement in State and Local Fusion Centers: Majority and
Minority Staff Report (Oct. 3, 2012); U.S. Government Accountability
Office, GAO 14-397, DHS Intelligence Analysis: Additional Actions
Needed to Address Analytic Priorities and Workforce Challenges (June
2014).
\55\S. Permanent Subcommittee on Investigations, Federal Support
for and Involvement in State and Local Fusion Centers: Majority and
Minority Staff Report (Oct. 3, 2012).
\56\Tom Coburn, A Review of the Department of Homeland Security's
Missions and Performance, 21 (2015), https://www.hsgac.senate.gov/
download/?id=B92B8382-DBCE-403C-A08A-727F89C2BC9B.
\57\House Homeland Security Committee, Reviewing The Department Of
Homeland Security's Intelligence Enterprise, House Homeland Security
Committee Majority Staff Report (Dec. 2016), https://
homeland.house.gov/wp-content/uploads/2016/12/Reviewing-DHS-
Intelligence-Enterprise-Report.pdf
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A 2014 audit by GAO found that I&A products received
``mixed reviews'' from its customers and that the Intelligence
Community was among the customers that did not value I&A
products.\58\ Specifically, GAO's interviews ``with
representatives of I&A's five customer groups indicate that
customers in two groups--DHS leadership and state and local
officials at fusion centers--found I&A's products to be useful,
while customers in the other three groups--DHS components, the
Intelligence Community, and private critical infrastructure
sectors--generally did not.''\59\ GAO found that the
Department's intelligence framework failed to establish
strategic intelligence priorities.\60\ Instead, DHS allowed
components to drive analysis that did not lead to intelligence
products that ``aligned to support departmental
priorities.''\61\
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\58\Government Accountability Office, GAO 14-397, DHS Intelligence
Analysis: Additional Actions Needed to Address Analytic Priorities and
Workforce Challenges (June 2014), https://www.gao.gov/assets/670/
663794.pdf.
\59\Id. at 17.
\60\Id. at Highlights.
\61\Id.
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The Department has an important role to serve within the
United States Intelligence Community. It collects and owns
valuable raw intelligence and data about trade, travel, border
crossings, immigration, cybersecurity incidents, and financial
crimes, which is unique compared to data owned by other
intelligence partners. DHS is the only Intelligence Community
partner statutorily charged with sharing information and
intelligence with state, local, tribal and territorial
governments, and private sector partners.\62\ Strengthening the
DHS intelligence enterprise and better serving these customers
will help the Department carry out its missions.
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\62\Department of Homeland Security, Office of Intelligence and
Analysis, https://www.dhs.gov/office-intelligence-and-analysis; and
``Directorate for Information Analysis and Infrastructure Protection;
Access to Information'' Subtitle A of Title II of the Homeland Security
Act of 2002, Pub. L. No. 107-296 (107th Cong.) (2002).
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Title III of the Act directs the Secretary, acting through
the Chief Intelligence Officer, to establish an intelligence
doctrine for the Department. It requires the Secretary to
prioritize the provision of expert staff who are knowledgeable
about the intelligence functions of Department component
programs to assist the Chief Intelligence Officer. It also
codifies the existing Homeland Security Counter Threats
Advisory Board to ensure ongoing Department-wide coordination.
These provisions will enhance the effectiveness of the entire
homeland security enterprise by addressing the longstanding
challenges related to the lack of strategic priorities driving
DHS component intelligence programs.
Title III authorizes current efforts to integrate component
systems into a unified Homeland Security Data Framework that
facilitates Department-wide sharing. It also directs the Chief
Intelligence Officer to exert greater authority over the
intelligence enterprise within the Department by developing and
disseminating guidelines for the processing, analysis,
production, and dissemination of homeland security and
terrorism information within the Department. These requirements
will streamline sharing within the DHS intelligence enterprise
by standardizing intelligence reporting formats and ensuring
component data systems are interoperable.
The Act also consolidates existing fusion center
requirements and includes language that authorizes existing
training to ensure fusion centers protect the privacy of U.S.
persons while also providing meaningful support to Federal
national security missions. It strengthens congressional
oversight by requiring the Secretary to track the Federal
funding provided to such centers.
Title III requires several terrorism-related threat
assessments and after-action reports. This Committee heard
testimony from frontline responders to terrorism that ``the
information gap still remains.''\63\ During the Committee's
2016 hearing examining how the country's first responders
prepare for and respond to terrorist incidents, former Boston
Police Commissioner Edward Davis recommended that the Federal
Government regularly audit ``the transfer of information''
related to terrorist suspects and activities before
attacks.\64\ In response to limited information sharing prior
to the 2016 Orlando nightclub attack, Chairman Johnson asked
for ``a thorough, independent review'' of the FBI's removal of
Omar Mateen from the Terrorist Screening Database.\65\ This
Act's terrorism reporting requirements will require DHS to
provide recommendations to Congress to improve threat and
information sharing before events to better prevent
terrorism.\66\ The Act also requires an explanation of gaps in
national security that could be addressed to prevent future
acts of terrorism and recommendations for measures to address
identified gaps.
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\63\Frontline Response to Terrorism in America: Hearing Before the
S. Comm. on Homeland Sec. & Governmental Affairs, 114th Cong. (2016)
(testimony of Mark S. Ghilarducci, Director, California Office of
Emergency Services and the Governor's Homeland Security Advisor).
\64\Id. (testimony of Edward F. Davis III, Former Commissioner,
Boston Police Department).
\65\Press Release, United States Senator Ron Johnson, Chairman
Johnson Seeks Independent Review of Why Orlando Terrorist Was Taken Off
Terror Watchlist (July 27, 2016), https://www.hsgac.senate.gov/media/
majority-media/chairman-johnson-seeks-independent-review-of-why-
orlando-terrorist-was-taken-off-terror-watchlist.
\66\Tom Coburn, A Review of the Department of Homeland Security's
Missions and Performance 20 & 22 (2015), https://www.hsgac.senate.gov/
download/?id=B92B8382-DBCE-403C-A08A-727F89C2BC9B.
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This legislation also requires a report on the benefits,
costs, and risks of a DHS-sponsored security clearance process
for law enforcement partners to improve the Department's
ability to transfer sensitive or classified information to
first responders to prevent an attack.
Several other requirements of Title III aim to improve the
timely sharing of threat information with law enforcement. DHS
is required to develop and share a list of its secure
facilities with appropriate partners to improve those partners'
timely access to classified threat information. A GAO report
will assess the effectiveness of, and recommend improvements
for, DHS staffing to fusion centers. DHS will also be required
to share information with state and local law enforcement
through fusion centers about the release of incarcerated
terrorists.
This Committee also suggests strengthening the Department's
counternarcotics efforts through the use of the National
Network of Fusion Centers.\67\ As the opioid epidemic continues
to pose a serious threat to the health and safety of U.S.
citizens, DHS must consider ways to include fusion centers in
the information sharing process. A DHS strategy will highlight
ways to support law enforcement investigations and suggest best
practices for fusion center participation.
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\67\Senator Johnson suggested this role for fusion centers during
the HSGAC nomination hearing for U/SIA Glawe on July 11, 2017; see also
``Counternarcotics Officer'' Section 878 of Subtitle H of Title VIII of
the Homeland Security Act of 2002, Pub. L. No. 107-296 (107th Cong.)
(2002).
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Additionally, Title III requires DHS to focus on improving
information sharing to counter threats from issues such as:
opioid trafficking in the mail, virtual currencies, and border
security vulnerabilities. A 2018 report by this Committee's
Permanent Subcommittee on Investigations examined opioid
trafficking in the international mail system and recommended
increased information sharing about this threat.\68\ The
legislation requires DHS to develop a strategy for such
information sharing that incorporates DHS components, the U.S.
Postal Service, and other stakeholders. It also requires DHS to
brief Congress on a holistic assessment of the threat presented
by terrorist use of pharmaceutical-based chemicals. The
briefing will include an assessment of the Government's
capability to mitigate such an attack and a strategy to address
any gaps in those capabilities.
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\68\S. Permanent Subcomm. On Investigations, Staff Report,
Combatting the Opioid Crisis: Exploiting Vulnerabilities in
International Mail (Jan. 24, 2018), available at https://
www.hsgac.senate.gov/imo/media/doc/
Combatting%20the%20Opioid%20Crisis%20-
%20Exploiting%20Vulnerabilities%20in%20International%20Mail1.pdf.
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To counter this threat, Title III requires DHS, with other
agencies, to consider the threats posed by distributed ledger
technologies. This provision was included to counter potential
use of virtual currency technologies by foreign actors,
terrorists, and criminal organizations that turn to those tools
for the perceived anonymity they offer.\69\
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\69\Zachary K. Goldman, Ellie Maruyama, Elizabeth Rosenberg,
Edoardo Saravalle & Julia Solomon-Strauss, Terrorist Use of Virtual
Currencies: Containing the Potential Threat, Center for New American
Security (May 2017), available at https://s3.amazonaws.com/
files.cnas.org/documents/CNASReport-TerroristFinancing-Final.pdf.
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Title IV--Emergency Preparedness, Response, and Communications
The Homeland Security Act of 2002 authorized DHS to
administer Federal homeland security grant programs to assist
state and local governments and other partners to enhance the
homeland security enterprise.\70\ These grants focused on
assisting state and local governments prepare for and respond
to terrorist attacks, secure critical infrastructure, assist
nonprofit organizations, and secure high-threat and high-risk
urban areas.\71\ The Implementing Recommendations of the 9/11
Commission Act of 2007 authorized a number of DHS grants and
mandated some of their allocation methodologies.\72\
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\70\Pub. L. No. 107-296 (2002). Grant programs over time included:
Nunn-Lugar-Domenici Program, Emergency Management Performance Grant
Program, Homeland Security Grant Program, State Homeland Security Grant
Program, Urban Area Security Initiative, Operation Stonegarden,
Intercity Bus Security Grant Program, Intercity Passenger Rail
Security--Amtrak Grant Program, Port Security Grant Program, Tribal
Homeland Security Grant Program, and Transit Security Grant Program.
See Cong. Research Serv., Department of Homeland Security Preparedness
Grants: A Summary and Issues at 2 (Oct. 28, 2016), https://fas.org/sgp/
crs/homesec/R44669.pdf.
\71\Cong. Research Serv., Department of Homeland Security
Preparedness Grants: A Summary and Issues (Oct. 28, 2016), https://
fas.org/sgp/crs/homesec/R44669.pdf.
\72\Pub. L. No. 110-53 (110th Cong.) (2007).
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The Federal Emergency Management Agency's (FEMA) Grants
Program Directorate (GPD) administers the eight preparedness
(non-disaster) grant programs.\73\ These programs ``support our
grantees develop[ment] and sustain[ment of] capabilities at the
state and local, tribal, and territorial levels and in our
nation's highest-risk transit systems, ports, and along our
borders to prevent, protect against, respond to, recover from,
and mitigate terrorism and other high-consequence disasters and
emergencies.''\74\
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\73\FEMA, Preparedness (Non-Disaster) Grants, https://www.fema.gov/
preparedness-non-disaster-grants (last updated Apr. 9, 2018).
\74\FEMA, Grants, https://www.fema.gov/grants (last updated June
14, 2018).
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All Federal emergency management preparedness non-disaster
grants are based on capability targets and capability gaps
identified during the Threat and Hazard Identification and Risk
Assessment (THIRA) process, and assessed in the Stakeholder
Preparedness Review (SPR).\75\ THIRA is a three-step common
risk assessment process that assists individuals, businesses,
faith-based organizations, nonprofit groups, schools and
academia, and all levels of government to understand their
risks and estimate capability requirements.\76\ SPR is a self-
assessment of a jurisdiction's current capability levels
against the capability targets identified in its THIRA.\77\
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\75\FEMA, Stakeholder Preparedness Review, https://www.fema.gov/
stakeholder-preparedness-review (last updated May 31, 2018).
\76\FEMA, Threat and Hazard Identification and Risk Assessment,
http://www.fema.gov/threat-and-hazard-identification-and-risk-
assessment (last updated Feb. 7, 2018).
\77\FEMA, About the Stakeholder Preparedness Review, http://
www.fema.gov/state-preparedness-report#wcm-survey-target-id (last
updated Feb. 22, 2018).
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The DHS OIG and the GAO have consistently identified issues
with the preparedness grants, such as lack of internal
oversight and metrics to show that the grants are reducing the
Nation's collective risk.\78\ In a 2016 report to DHS, the DHS
OIG determined ``that FEMA had not adequately analyzed
recurring recommendations to implement changes to improve its
oversight of these grants. This occurred because FEMA did not
clearly communicate internal roles and responsibilities and did
not have policies and procedures to conduct substantive trend
analyses of audit recommendations.''\79\ DHS OIG further
determined that ``because FEMA regularly waives these
questioned costs, the subgrantees have no motivation to comply
with basic contracting and acquisition principles, and the
problem will continue to fester.''\80\
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\78\See e.g. Gov't Accountability Office, GAO-16-38, Strengthening
Regional Coordination Could Enhance Preparedness Efforts (2016),
https://www.gao.gov/assets/680/674968.pdf; Gov't Accountability Office,
GAO-12-526T, Managing Preparedness Grants and Assessing National
Capabilities: Continuing Challenges Impede FEMA's Progress, (2012);
Dep't of Homeland Security Office of Inspector General, OIG-16-49,
Analysis of Recurring Audit Recommendations could Improve FEMA's
Oversight of HSGP (2016) https://www.oig.dhs.gov/assets/Mgmt/2016/OIG-
16-49-Mar16.pdf.
\79\Dep't of Homeland Security Office of Inspector General, OIG-17-
08, Major Management and Performance Challenges Facing the Department
of Homeland Security at 6 (Nov. 2016) https://www.oig.dhs.gov/sites/
default/files/assets/2017/OIG-17-08-Nov16.pdf.
\80\Preparedness, Response, and Rebuilding: Lessons from the 2017
Disasters: Hearing Before the H. Comm. on Homeland Sec., 115th Cong.
(2018) (statement of John Kelly, Acting Inspector General, Dep't of
Homeland Sec. Office of Inspector General).
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In testimony before the Committee's Subcommittee on Federal
Spending Oversight and Emergency Management in 2016, GAO
highlighted FEMA's challenges in managing its preparedness
grants.\81\ For example, GAO noted coordination challenges
between FEMA headquarters and regional staff in managing
preparedness grants, which create inefficiencies.\82\ GAO
recommended that FEMA develop a plan with timeframes, goals,
metrics, and milestones that target resolving longstanding
challenges with its grants management model.\83\
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\81\FEMA: Assessing Progress, Performance, and Preparedness:
Hearing Before the S. Comm. on Homeland Sec. & Governmental Affairs,
Subcomm. On Fed. Spending Oversight & Emergency Mgmt., 114th Cong.
(2016) (statement of Christopher Currie, Director of Emergency
Management, National Preparedness, and Critical Infrastructure
Protection, Homeland Security and Justice Team, U.S. Government
Accountability Office) [hereinafter ``FEMA Preparedness Grant
Hearing''].
\82\FEMA: Assessing Progress, Performance, and Preparedness:
Hearing Before the S. Comm. on Homeland Sec. & Governmental Affairs,
114th Cong. (2016) (statement of Christopher Currie, Director of
Emergency Management, National Preparedness, and Critical
Infrastructure Protection, Homeland Security and Justice Team, U.S.
Government Accountability Office).
\83\FEMA: Assessing Progress, Performance, and Preparedness:
Hearing Before the S. Comm. on Homeland Sec. & Governmental Affairs,
114th Cong. (2016) (statement of Christopher Currie, Director of
Emergency Management, National Preparedness, and Critical
Infrastructure Protection, Homeland Security and Justice Team, U.S.
Government Accountability Office).
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The Urban Area Security Initiative (UASI) and State
Homeland Security Grant Program (SHSGP) have been identified as
examples of FEMA grant programs that would be better served by
stronger performance metrics. A 2012 Committee minority staff
report, Safety at Any Price, noted that DHS issued guidance-
waiving requirements and expanded the allowable uses of certain
grant programs to encourage state and local governments to use
more than $8.2 billion in previously unspent grants as a
stimulus package.\84\ The Committee report found that ``FEMA
cannot demonstrate how UASI dollars (or for that matter, any
other homeland security grant dollars) have helped to buy-down
risk and enhance the nation's ability to prevent, respond to,
or recover from manmade attacks or natural disasters.''\85\
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\84\Minority Staff Report, Sen. Tom Coburn, Safety at Any Price:
Assessing the Impact of Homeland Security Spending in U.S. Cities (Dec.
2012), https://info.publicintelligence.net/SenatorCoburn-UASI.pdf.
\85\Minority Staff Report, Sen. Tom Coburn, Safety at Any Price:
Assessing the Impact of Homeland Security Spending in U.S. Cities,
(Dec. 2012) https://info.publicintelligence.net/SenatorCoburn-UASI.pdf.
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Additionally, coordination challenges among four FEMA grant
programs that share similar goals and fund similar projects
contribute to the risk of overlap and duplication among the
grant programs.\86\ GAO recommended that FEMA take steps, as it
develops its new Non-Disaster Grant Management System, to
collect project information with sufficient detail to identify
potential duplication among its grant programs.\87\
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\86\FEMA: Assessing Progress, Performance, and Preparedness:
Hearing Before the S. Comm. on Homeland Sec. & Governmental Affairs,
114th Cong. (2016) (statement of Christopher Currie, Director of
Emergency Management, National Preparedness, and Critical
Infrastructure Protection, Homeland Security and Justice Team, U.S.
Government Accountability Office).
\87\FEMA: Assessing Progress, Performance, and Preparedness:
Hearing Before the S. Comm. on Homeland Sec. & Governmental Affairs,
114th Cong. (2016) (statement of Christopher Currie, Director of
Emergency Management, National Preparedness, and Critical
Infrastructure Protection, Homeland Security and Justice Team, U.S.
Government Accountability Office), https://www.gao.gov/assets/680/
676484.pdf.
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Similarly, a lack of coordination among Federal, state,
tribal, and local government agencies that transmit public
alerts over the radio, television, and on their wireless
devices has created challenges to effectively communicating
critical messages to the American public. While FEMA--which
administers the Integrated Public Alert and Warning System
(IPAWS)\88\ at the heart of our national emergency alert
infrastructure--provides guidance to state, tribal, and local
officials, it does not require them to follow common standards
to participate in IPAWS. Without strong coordination, local
governments widely differ on when and how to issue alerts,
often adopting technology and establishing protocols that suit
local needs without consideration of best practices that may
help reduce the risk of issuing a false notification that could
undermine the public's confidence in the emergency alert
system. Coordination is a critical need because alerts pose
national implications, as demonstrated by the false missile
alert by the state of Hawaii in January 2018.\89\
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\88\Pub. L. No. 114-143 (114th Cong.) (2016).
\89\Press Release, State of Hawaii, Dep't of Defense, Emergency
Management Agency (Jan. 13, 2018), available at https://dod.hawaii.gov/
hiema/files/2018/01/20180113-NR-HI-EMA-statement-on-missile-launch-
false-alarm.pdf.
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GAO has also identified areas for improvement with FEMA's
management of the THIRA process. In March 2013, GAO found that
FEMA faced challenges that may call into question the
usefulness of the THIRA process.\90\ For example, the National
Preparedness Report noted that while many programs exist to
build and sustain preparedness capabilities, challenges remain
in measuring their progress over time.\91\ According to GAO,
FEMA officials stated that the THIRA process is intended to
develop a set of national capability performance requirements
and measures.\92\ However, GAO reported in March 2016 that such
requirements and measures had not yet been developed.
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\90\AFEMA has Made Progress in Improving Grant Management and
Assessing Capabilities, but Challenges Remain: Hearing Before the H.
Comm. on Homeland Sec., Subcomm. On Emergency Preparedness, Response,
and Communications, 113th Cong. (2013) (statement of David Maurer,
Director of Homeland Security and Justice, U.S. Government
Accountability Office), https://www.gao.gov/assets/660/653122.pdf.
\91\Id.
\92\Id.
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Title IV of the Act authorizes the Department's existing
preparedness grant programs including the UASI, SHSGP, Transit
Security Grant Program, Port Security Grant Program, Operation
Stonegarden, and the Non-Profit Security Grant Program. In
conjunction with authorizing the grants, however, the
legislation requires the creation of grants metrics to create
transparency and accountability within the grant programs. The
intent is to require DHS to develop effective metrics to
measure the programs' effectiveness where it currently does
not.
Section 1410 requires the Administrator of FEMA to develop
grant metrics and assess how well specific preparedness grants
are closing capability gaps, if at all. These metrics will
provide FEMA and Congress with the information needed to make
more prudent and targeted investments in those programs moving
forward.
Additionally, Title IV's authorization of the UASI and
SHSGP narrows the FEMA Administrator's previously broad
discretion over what can be funded by the subject programs.
This, combined with the newly created performance metrics, will
ensure more prudent investment of grant funding.
To address the potential overlap and duplication created by
FEMA's multiple preparedness grants and give DHS flexibility to
better direct funding to critical needs and capability gaps,
Section 1412 of the Act requires DHS to evaluate the merits of
consolidating the preparedness grant programs and/or
transferring management of the programs to another entity
within DHS. The Secretary is prohibited from implementing a
grant program consolidation without prior congressional
approval.
To address a lack of standardization and coordination
within the national emergency notification system network,
Title IV requires the IPAWS subcommittee of the FEMA National
Advisory Council to make recommendations on the best practices
that state and local governments should follow to maintain the
integrity of IPAWS. Additionally, it makes the Federal
Government primarily responsible for alerting the public in the
event of a missile threat.
Title V--Federal Emergency Management Agency
On April 1, 1979, President Jimmy Carter signed the
executive order that created FEMA\93\ after decades of ad hoc
disaster legislation and programs.\94\ Today, the centerpiece
legislation for providing Federal aid for emergency and
disaster relief is the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act).\95\ The Stafford Act
provides an emergency preparedness framework for the protection
of life and property from hazards. While it confers
responsibility for emergency preparedness jointly to the
Federal, state, and local governments, congressional intent for
response and recovery was for the Federal Government to step in
only when a state has been overwhelmed.\96\ The Post-Katrina
Emergency Management Reform Act of 2006 (PKEMRA) provided
important provisions, including the key principle that after a
major disaster or emergency declaration, accelerated Federal
assistance could be sent by FEMA even in the absence of a
specific request by a state to save lives and prevent
suffering.\97\
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\93\Executive Order 12127, March 31, 1979, https://www.hsdl.org/
?view&did=464521.
\94\Ranking Member Tom Coburn, An Imperfect Storm, U.S. Senate
Homeland Security & Governmental Affairs Committee, Table A.1, 18,
available at https://www.hsgac.senate.gov/download/?id=5518F153-BBB6-
4AFF-BCDB-F700A58479DD.
\95\Pub. L. No. 100-707 (100th Cong.) (1988).
\96\Id.
\97\6 USC Sec. 701.
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The 2017 hurricanes and wildfires tested the limits of the
nation's disaster response capabilities.\98\ In total, the
Federal Government responded to 59 Federally-declared disasters
and provided support through 16 emergency declarations and 62
fire assistance declarations.\99\ The storms and fires affected
roughly fifteen percent of the American population.\100\ The
Federal response to the 2017 major hurricanes--Harvey, Irma,
and Maria--tested an already strained FEMA workforce, which
maintained surge staffing of the National Response Coordination
Center for a record 76 consecutive days.\101\
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\98\Fed. Emergency Mgmt. Agency, FEMA Reflects on Historic Year
(Dec. 29, 2017), available at https://www.fema.gov/news-release/2017/
12/29/fema-reflects-historic-year.
\99\Id.
\100\FEMA: Prioritizing a Culture of Preparedness: Hearing Before
the S. Committee on Homeland Sec. & Governmental Affairs, 115th Cong.
(Apr. 11, 2018), http://www.hsgac.senate.gov/download/2018-04-11-long-
testimony (statement of the Honorable Brock Long).
\101\Fed. Emergency Mgmt. Agency, FEMA Reflects on Historic Year
(Dec. 29, 2017), available at https://www.fema.gov/news-release/2017/
12/29/fema-reflects-historic-year.
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The unprecedented recovery effort that followed 2017's
disasters highlighted the need to incentivize pre-disaster
mitigation efforts.\102\ Informed by hurricanes Harvey, Irma,
and Maria, FEMA's 2018-2022 Strategic Plan focuses on moving
assistance efforts toward pre-event investment and giving
states and localities the personnel and training that they need
to respond to any disaster.\103\
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\102\FEMA: Prioritizing a Culture of Preparedness: Hearing Before
the S. Committee on Homeland Sec. & Governmental Affairs, 115th Cong.
(Apr. 11, 2018), https://www.hsgac.senate.gov/hearings/fema-
prioritizing-a-culture-of-preparedness (statement of the Honorable
Brock Long).
\103\Fed. Emergency Mgmt. Agency, 2018-2022 Strategic Plan, (2018),
available at https://www.fema.gov/media-library-data/1521736077767-
89fc0afeacb7a93bd7b6a1091aaeba2b/strat_plan.pdf pp. 21-22.
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Finally, as evidenced by the false missile alert in Hawaii
on January 13, 2018, public alert and warning systems carry
significant ramifications if improperly managed or if state
emergency management programs do not understand their levels of
authority.\104\
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\104\Hawaii Emergency Mgmt. Agency, Press Release (Jan. 13, 2018)
available at https://dod.hawaii.gov/hiema/files/2018/01/20180113-NR-HI-
EMA-statement-on-missile-launch-false-alarm.pdf.
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To address these issues, Title V of the Act reauthorizes
FEMA, including authorizing amounts for management and
administration purposes for Fiscal Year (FY) 2018, FY 2019, and
FY 2020 and makes a number of reforms. The authorization levels
would set the stage to provide FEMA with consistent funding as
the agency continues to respond to disasters, help communities
recover after a disaster, and mitigate against future
disasters.
Title V authorizes the National Domestic Preparedness
Consortium (NDPC), a DHS partner providing training to
emergency responders throughout the United States and its
territories.\105\ Originally founded as a Department of Justice
program in 1998, the NDPC now partners with DHS to deliver
state and local training.\106\ To date, two million U.S.
emergency responders have attended the 176 courses offered by
NDPC. Section 1503 codifies this program and section 1504
addresses the unique training issues of rural communities by
authorizing DHS to establish a rural domestic preparedness
consortium.
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\105\The National Domestic Preparedness Consortium, available at
https://www.ndpc.us/pdf/About_NDPC.pdf.
\106\Id.
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In 2006, by executive order, the DHS Center for Faith Based
and Neighborhood Partnerships (DHS Center) was created with the
mission of helping emergency managers effectively engage with
faith and community-based groups.\107\ In 2010, the DHS Center
expanded its focus to include human trafficking by becoming a
founding member of the Blue Campaign, the Department's
comprehensive, intra-agency approach to fighting human
trafficking.\108\ Section 1505 of the Act codifies this
program.
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\107\Department of Homeland Security, DHS Center for Faith-Based
Neighborhood Partnerships, available at https://www.dhs.gov/dhs-center-
faith-based-neighborhood-partnerships (last accessed April 15, 2018).
\108\Id.
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For FEMA employees, it takes years of training and
experience to effectively deploy FEMA's programs to state,
local, tribal, territorial governments and their disaster
survivors.\109\ This Committee recognizes the importance and
value of FEMA employees and the ability of FEMA to maintain a
career ladder within the agency for retention of skilled
response and recovery personnel. Section 1516 of the Act will
allow the FEMA Administrator to appoint experienced personnel
currently part of a temporary cadre to permanent positions in
the agency. These employees will be assigned in the same manner
as competitive service employees with competitive status when
considered for transfer, reassignment, or promotion to such
positions. To qualify for such an appointment, prospective
employees must have maintained continuous service with the
agency for three years prior.
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\109\U.S. Government Accountability Office, GAO-15-437, Federal
Emergency Management Agency: Additional Planning and Data Collection
Could Help Improve Workforce Management Efforts (Jul. 2015), available
at https://www.gao.gov/assets/680/671276.pdf.
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Developing resilient capacity in communities prior to a
disaster has proven to reduce loss of life as well as the
economic disruption that occurs following a disaster.\110\ By
investing more in pre-disaster mitigation funding, there is
potential for a greater return on investment of taxpayer
dollars by decreasing the overall cost of post-disaster
spending over time, while also increasing the nation's overall
resiliency and catastrophic readiness.\111\ The Committee
supports the establishment of the National Public
Infrastructure Pre-disaster Mitigation Assistance Program in
Section 1519 of the Act, which will commit Federal funding to
pre-disaster mitigation efforts. One hundred and eighty days
after a major disaster declaration, an estimate would be made
for the combined obligations of Stafford Act sections 403, 406,
407, 408, 410, and 416 grant funding;\112\ consequently, an
additional six percent of that estimate would be transferred
from the Disaster Relief Fund (DRF) to this program for use.
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\110\FEMA: Prioritizing a Culture of Preparedness: Hearing Before
the S. Committee on Homeland Sec. & Governmental Affairs, 115th Cong.
(Apr. 11, 2018) available at https://www.hsgac.senate.gov/hearings/
fema-prioritizing-a-culture-of-preparedness (statement of the honorable
Brock Long).
\111\National Institute of Building Sciences, Natural Hazard
Mitigation Saves: 2017 Interim Report, available at https://
www.nibs.org/page/mitigationsaves (last accessed Apr. 16, 2018).
\112\Section 403 of the Stafford Act provides for Essential
Assistance, Section 406 provides for Repair, Restoration, and
Replacement of Damaged Facilities, Section 407 provides for Debris
Removal, Section 408 provides for Federal Assistance to Individuals and
Households, Section 410 provides for Unemployment Assistance, and
Section 416 provides for Crisis Counseling Assistance and Training.
Pub. L. No. 100-707 (100th Cong.) (1988).
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As previously noted, administrative costs associated with
implementing FEMA's disaster recovery programs rest in large
part at the state, local, tribal and territorial level.\113\
Often these costs can be substantially burdensome for the
impacted entity to meet.\114\ Section 1515 of the Act will
increase allowable funding percentages for administrative
costs, which coupled with FEMA's efforts to reduce the
complexity of the disaster administrative process, will empower
state, local, tribal and territorial authorities to more
effectively deliver vital recovery programs to disaster
survivors.
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\113\Fed. Emergency Mgmt. Agency, Memorandum For: All Regional
Directors, Jun. 2, 1993, available at https://www.fema.gov/media-
library-data/20130726-1717-25045-4279/
2_state_management_costs_for_disaster_assistance_programs.txt.
\114\FEMA: Prioritizing a Culture of Preparedness: Hearing Before
the S. Committee on Homeland Sec. & Governmental Affairs, 115th Cong.
(Apr. 11, 2018) available at https://www.hsgac.senate.gov/hearings/
fema-prioritizing-a-culture-of-preparedness (statement of the honorable
Brock Long).
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Finally, Section 1521 of the Act takes steps toward
standardizing and promulgating best practices for public alert
and warning systems. Additionally, due to the ramifications
inherent to missile alerts and warnings, this section transfers
authority to originate such warnings to the Federal Government.
Title VI--Cybersecurity and Infrastructure Security Agency
The Homeland Security Act of 2002 established DHS as
responsible for leading and coordinating efforts to protect
American critical infrastructure.\115\ Previous administrations
have worked to further define the Department's role in
protecting infrastructure, such as through President George W.
Bush's Homeland Security Presidential Directive (HSPD) 7 and
its superseding Presidential Policy Directive (PPD) 21, issued
by President Obama, which required DHS to develop policies,
methodologies, and approaches to ensure the security and
resilience of the sixteen critical infrastructure sectors.\116\
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\115\See Homeland Security Act of 2002, Pub. L. No. 107-296,
Subtitle B (107th Cong.) (2002).
\116\See Homeland Security Presidential Directive (HSPD)-7,
Critical Infrastructure Identification, Prioritization, and Protection
(Dec. 17, 2003); Presidential Policy Directive (PPD)-21, Critical
Infrastructure Security and Resilience (Feb. 12, 2013).
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The National Protection and Programs Directorate (NPPD) was
established within DHS in 2007 to execute functions that
protect Federal agencies and critical infrastructure from
physical and cyber threats and hazards.\117\ NPPD is currently
comprised of five divisions: the Federal Protective Service
(FPS), the Office of Biometric Identity Management, the Office
of Cybersecurity and Communications, the Office of Cyber and
Infrastructure Analysis, and the Office of Infrastructure
Protection.\118\
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\117\See 6 U.S.C. Sec. 315. See also 6 U.S.C. Sec. 452 (authorizing
the Secretary of the Department of Homeland Security to allocate or
reallocate functions among the officers of the Department, and to
establish, consolidate, alter, or discontinue organizational units
within the Department).
\118\See U.S. Gov't Accountability Off., GAO-16-140T, National
Protection and Programs Directorate: Factors to Consider when
Reorganizing (Oct. 2015), https://www.gao.gov/assets/680/672944.pdf
(last visited Oct. 10, 2018).
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The scope and nature of the Department's cybersecurity
mission and role within the Federal Government has evolved to
correspond to the changing threat environment and growth of the
Federal Government's understanding of the cyber domain.\119\
This Committee and the Congress worked in the 113th and 114th
Congresses to enact significant legislation empowering DHS with
authorities and resources to fulfill its cybersecurity mission
areas, including enhancing cybersecurity information sharing
and Federal information security management.\120\ The Committee
also enacted legislation to provide the Department with greater
flexibility and resources to strengthen its cybersecurity
workforce to carry out its authorities.\121\
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\119\See Homeland Security Act of 2002, Pub. L. No. 107-296,
Sec. 223, 224, and 225 (107th Cong.) (2002).
\120\See Congressional Research Service (CRS), DHS's Cybersecurity
Mission--An Overview (June 2017); CRS, Cybersecurity Legislation in the
113th and 114th Congress (March 2017); Cybersecurity Workforce
Assessment Act, Pub. L. No. 113-246 (113th Cong.) (2014); Cybersecurity
Enhancement Act of 2014, Pub. L. 113-274 (114th Cong.) (2014); Border
Patrol Agent Pay Reform Act of 2014, Pub. L. No. 113-277 (114th Cong.)
(2014); National Cybersecurity Protection Act of 2014, Pub. L. 113-282
(114th Cong.) (2014); and Federal Information Security Modernization
Act of 2014, Pub. L. 113-283 (114th Cong.) (2014).
\121\Cybersecurity Act of 2015, Pub. L. 114-113, Div. N (included
the Cybersecurity Information Sharing Act, National Cybersecurity
Protection Advancement Act of 2015, Federal Cybersecurity Enhancement
Act of 2015, and the Federal Cybersecurity Workforce Assessment Act of
2015) (115th Cong.) (2015).
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However, past oversight of NPPD and NPPD's programs by the
Committee and other independent oversight bodies like GAO have
revealed challenges that limit the Directorate's ability to
execute its critical missions. In September 2017, for example,
GAO reported that DHS, and by extension NPPD, needs to ensure
proper execution of its assigned responsibilities under the
Federal Information Security Modernization Act (FISMA).
Recommendations included improving coordination on the
development of a plan and schedule to determine whether the
security capability model established for evaluating the extent
to which Federal agencies information security programs are
FISMA compliant is useful and provides consistent and
comparable results.\122\
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\122\See U.S. Gov't Accountability Off., GAO-17-549, Weaknesses
Continue to Indicate Need for Effective Implementation of Policies and
Practices (Sept. 2017), https://www.gao.gov/products/GAO-17-549.
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Additionally, the often ineffective and inefficient
implementation of NPPD's primary mechanisms for sharing and
disseminating information on cyber-related incidents to Federal
and non-Federal stakeholders, including private sector
entities, has raised questions about the agency's ability to
identify cyber-based threats, mitigate vulnerabilities and
manage risks.\123\ GAO reported in February 2017 that NPPD's
National Cybersecurity and Communication and Integration Center
(NCCIC) is not fully carrying out its statutorily required
functions as mandated by the National Cybersecurity Protection
Act and Cybersecurity Act.\124\ In its report, GAO identified a
number of programmatic impediments inhibiting the NCCIC's
performance including those relating to the consolidation of
entry points for receiving and logging incident data and
maintaining the NCCIC's relationship with Federal and non-
Federal customers.\125\
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\123\See U.S. Gov't Accountability Off., GAO-16-294, DHS Needs to
Enhance Capabilities, Improve Planning, and Support Greater Adoption of
Its National Cybersecurity Protection System (Jan. 2016), https://
www.gao.gov/products/GAO-16-294; U.S. Gov't Accountability Off., GAO-
17-163, DHS's National Integration Center Generally Performs Required
Functions but Needs to Evaluate Its Activities More Completely (Feb.
2017), https://www.gao.gov/products/GAO-17-163.
\124\U.S. Gov't Accountability Off., GAO-17-163, DHS's National
Integration Center Generally Performs Required Functions but Needs to
Evaluate Its Activities More Completely (Feb. 2017), https://
www.gao.gov/products/GAO-17-163.
\125\Id.
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Within NPPD's Office of Infrastructure Protection, the
Chemical Facility Anti-Terrorism Standards (CFATS) program has
also been the subject of a number of oversight hearings
relating to the improper implementation and mismanagement of
the program.\126\ CFATS was first authorized by Congress in
2007 to identify and regulate high-risk chemical facilities to
reduce the likelihood of those chemicals being used in a
terrorist attack.\127\ Prior to reauthorizing the program in
2014, the Committee held a hearing and released a Majority
Staff Report that examined the extent to which the CFATS
regulatory regime reduced the risk that terrorists could
exploit vulnerabilities at chemical facilities.\128\ The report
found ``fundamental problems in the design, implementation and
management of CFATS.''\129\ The report further noted that the
CFATS program ``focuses on the wrong threats, shifts risk to
other parts of the chemical sector and supply chain, and is
unable to determine if it is improving security at the
facilities it regulates.''\130\ The 2014 CFATS reauthorization
bill included a series of requirements aimed at addressing the
issues highlight by the Committee and GAO.\131\ The Committee
continues to monitor and assess the implementation of the CFATS
program, as the next deadline for reauthorization is in
December 2018.\132\
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\126\Department of Homeland Security--Chemical Facility Anti-
Terrorism Standards (CFACTS) Program: Hearing before the H. Comm. On
Appropriations (Sept. 20, 2012), available at https://
appropriations.house.gov/calendar/eventsingle.aspx?EventID=303717;
Evaluating Internal Operation and Implementation of the Chemical
Facility Anti-Terrorism Standards program (CFATS) by the Department of
Homeland Security: Hearing before the H. Energy & Commerce Comm. (Feb.
3, 2012), available at https://energycommerce.house.gov/hearings/
evaluating-internal-operation-and-implementation-chemical-facility-
anti/; Charting a Path Forward for the Chemical Facilities Anti-
Terrorism Standards Program: Hearing before the S. Homeland Sec. &
Governmental Affairs Comm. (May 14, 2014), available at https://
www.hsgac.senate.gov/hearings/charting-a-path-forward-for-the-chemical-
facilities-anti-terrorism-standards-program; Industry Views of the
Chemical Facility Anti-Terrorism Standards Program: Hearing before the
H. Cybersecurity & Infrastructure Protection Subcomm. (Feb. 15, 2018),
available at https://homeland.house.gov/hearing/industry-views-
chemical-facility-anti-terrorism-standards-program/.
\127\Dep't of Homeland Sec., Chemical Facility Anti-Terrorism
Standards (CFATS), https://www.dhs.gov/chemical-facility-anti-
terrorism-standards (last visited Oct. 9, 2018).
\128\Charting a Path Forward for the Chemical Facilities Anti-
Terrorism Standards Program: Hearing before the S. Homeland Sec. &
Governmental Affairs Comm. (May 14, 2014), available at https://
www.hsgac.senate.gov/hearings/charting-a-path-forward-for-the-chemical-
facilities-anti-terrorism-standards-program; Majority Staff Rept., Sen.
Tom Coburn, S. Homeland Sec. & Governmental Affairs Comm., Chemical
Insecurity: An Assessment of Efforts to Secure the Nation's Chemical
Facilities from Terrorist Threats (July 2014), abstract available at
https://www.hsdl.org/?abstract&did=762338 (copy on file with Comm.).
\129\Majority Staff Rept., Sen. Tom Coburn, S. Homeland Sec. &
Governmental Affairs Comm., Chemical Insecurity: An Assessment of
Efforts to Secure the Nation's Chemical Facilities from Terrorist
Threats (July 2014), abstract available at https://www.hsdl.org/
?abstract&did=762338 (copy on file with Comm.).
\130\Id.
\131\See generally Protecting & Securing Chemical Facilities from
Terrorist Attacks Act of 2014, Pub. L. No. 113-254 (113th Cong.)
(2014).
\132\Id.
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FPS is responsible for protecting Federal facilities and
their grounds.\133\ The Department of Homeland Security
Appropriations Act of 2010 transferred FPS, then within the
General Services Administration, to NPPD.\134\ GAO and the DHS
OIG have reported extensively on FPS's longstanding human
capital and operational challenges.\135\ In January 2016, GAO
reported that lack of coordination between GSA and FPS,
agencies that share responsibility for protecting facilities
that are Federally-owned or leased, ``created inefficiencies
and security risks.''\136\
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\133\Dep't of Homeland Sec., The Federal Protective Service,
https://www.dhs.gov/topic/federal-protective-service (last visited Oct.
9, 2018).
\134\Pub. L. No. 111-83 (2009); FPS, Annual Report Fiscal Year
2015, DHS 5 (2015), available at https://www.dhs.gov/sites/default/
files/publications/Federal%20Protective%20Service%20
Annual%20Report%20508%20Compliant%20FY2015.pdf; DHS, Creation of the
Department of Homeland Security, https://www.dhs.gov/creation-
department-homeland-security (last updated Sept. 24, 2015); DHS,
Secretary Napolitano Announces Transfer of Federal Protective Service
to National Protection and Programs Directorate (Oct. 29, 2009),
https://www.dhs.gov/news/2009/10/29/transfer-federal-protective-
service-national-protection-and-programs-directorate.
\135\Gov't Accountability Office, GAO-16-384, FPS: Enhancements to
Performance Measures and Data Quality Processes Could Improve Human
Capital Planning (Mar. 24, 2016), https://www.gao.gov/products/GAO-16-
384; Gov't Accountability Office, GAO-16-135, FPS and GSA Should
Strengthen Collaboration to Enhance Facility Security (2016), https://
www.gao.gov/products/GAO-16-135; Dep't of Homeland Sec. Office of
Inspector General, OIG-16-02, The FPS Vehicle Fleet is Not Managed
Effectively (Oct. 2015), https://www.oig.dhs.gov/assets/Mgmt/2016/OIG-
16-02-Oct15.pdf.
\136\Gov't Accountability Office, GAO-16-135, FPS and GSA Should
Strengthen Collaboration to Enhance Facility Security (2016), https://
www.gao.gov/products/GAO-16-135.
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Department leadership has cited that the current name, the
``National Protection and Programs Directorate,'' obscures the
focus of the Directorate and presents challenges for a common
understanding among agency employees and stakeholders of NPPD's
mission. Further, the fractured organization of NPPD hinders
timely information sharing and synchronous action between
cybersecurity mission-oriented personnel with physical security
personnel in the Directorate.\137\
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\137\Examining DHS's Cybersecurity Mission: Hearing before the H.
Comm. on Homeland Sec., Subcomm. on Cybersecurity and Infrastructure
Protection (Oct. 2017), https://www.dhs.gov/news/2017/10/03/written-
testimony-nppd-house-homeland-security-subcommittee-cybersecurity-and
(written statement of Jeanette Manfra).
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To clarify and streamline its organizational structure and
mission, Title VI of this Act renames NPPD the Cybersecurity
and Infrastructure Security Agency (CISA), and repositions it
as an operational component agency within the Department. The
purpose of this reorganization is to enable DHS to more
effectively execute its existing authorities for overseeing the
protection of Federal civilian agencies' networks and enhance
the security of the nation's critical infrastructure assets.
CISA is to be led by a Director and Deputy Director responsible
for leading the Department's cybersecurity and infrastructure
protection programs and ensuring cross-divisional coordination
of efforts within the agency. CISA will consist of three
operational divisions--the Cybersecurity Division,
Infrastructure Security Division, and Emergency Communications
Division--all led by Assistant Directors.
The electromagnetic pulse (EMP) and geomagnetic disturbance
(GMD) threat spans multiple critical infrastructure sectors,
requiring collaboration between these multiple agencies,
including DHS, Department of Energy, Department of Defense,
National Oceanic Atmospheric Administration, and others.
According to GAO, DHS ``has the lead role in coordinating the
overall federal effort to promote the security and resiliency
of the nation's critical infrastructure . . . .''\138\ However,
GAO has also found that DHS's coordination is lacking.
Specifically, it found that DHS lacks specific roles and
responsibilities for addressing EMP risks; DHS has not
integrated opportunities to collect risk data to inform risk
assessments; DHS and DOE did not take actions to identify
critical electrical infrastructure assets; and DHS and DOE, in
combination with industry, did not coordinate in recognizing
and executing risk management activities to address EMP
threats.\139\
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\138\U.S. Gov't Accountability Office, GAO-18-67, Critical
Infrastructure Protection: Electricity Suppliers Have Taken Actions to
Address Electromagnetic Risks, and Additional Research Is Ongoing
(2018), https://www.gao.gov/products/GAO-18-67.
\139\U.S. Gov't Accountability Office, GAO-16-243, Critical
Infrastructure Protection: Federal Agencies Have Taken Actions to
Address Electromagnetic Risks, but Opportunities Exist to Further
Assess Risks and Strengthen Collaboration (2016), https://www.gao.gov/
products/GAO-16-243.
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This legislation adds language that makes explicit the CISA
Director's responsibilities for overseeing DHS's EMP and GMD
planning, protection, and preparedness activities. The Act also
requires DHS to comply with language passed in the National
Defense Authorization Act (NDAA) of 2017, which required DHS to
recommend a strategy to Congress to protect and prepare U.S.
critical infrastructure against EMPs and GMDs.\140\ The 2017
NDAA also required DHS to submit a report to Congress on its
progress and an estimated completion date for EMP and GMD
national planning, research and development, progress on the
recommended strategy, and outreach and education.\141\ Both the
strategy and report were due in June 2017, and as of October
2018, the Committee has yet to receive them. The Department's
strategic approach to overseeing protection of critical
infrastructure from EMP and GMD threats remains unclear.
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\140\NDAA of 2017, Pub. L. No. 114-328 (114th Cong.) (2016) at sec.
1913(a)(2), Sec. 201(d)(26)(A).
\141\Id. at sec. 1913(a)(3), Sec. 527(d).
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To ensure CISA continues to develop and promote cyber
information sharing with private sector stakeholders in
accordance with the Cybersecurity Act of 2015, the Act requires
the director of CISA to publicly report information on the
mechanisms and structures used by the agency for stakeholder
outreach and engagement.\142\ This report should be updated, as
appropriate, to reflect changes in the mechanisms used to share
cyber information. This report would fulfill congressional
mandates to enhance the quality and utilization of the
information shared and disseminated by CISA with private sector
entities and help resolve stakeholder engagement issues
identified by GAO.
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\142\Cybersecurity Act of 2015, Pub. L. 114-113 (114th Cong.), Div.
N (included the Cybersecurity Information Sharing Act, National
Cybersecurity Protection Advancement Act of 2015, Federal Cybersecurity
Enhancement Act of 2015, and the Federal Cybersecurity Workforce
Assessment Act of 2015).
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This Act also includes provisions that would streamline the
agency by relocating incongruent offices. Specifically, two
offices currently residing within NPPD, the Office of Biometric
Identity Management and FPS, support missions far broader than
the streamlined CISA mission set of cybersecurity and critical
infrastructure protection. This legislation transfers the
Office of Biometric Identity Management to the Management
Directorate of the Department to maintain its support and
coordination function across DHS component agencies and other
Federal agencies. The operations and facility-oriented nature
of FPS requires further review to determine its appropriate
location within the Department or another executive branch
agency. Within 90 days after GAO completes a review of the
FPS's organizational placement within, the Act requires DHS to
conduct a review and to make a recommendation for the
appropriate placement for FPS within DHS or another Federal
agency.
Title VII--Other Matters
When DHS was created in 2002, combining 22 existing
agencies into a new Department, the original legislation
maintained some of the prior congressional committees'
jurisdictional responsibilities for overseeing component,
offices, or programs within the Department.\143\ By the
Department's count, it had ``congressional engagement'' with 79
congressional committees or subcommittees during the 114th
Congress.\144\ Although this Committee supports robust and
thorough oversight of the Department, having too many
committees involved may actually be hurting the Department.
First, diversified congressional jurisdiction and oversight of
DHS has required the Department to dedicate significant
resources to responding to inquiries and oversight requests
from many congressional committees. Second, diversified
congressional jurisdiction and oversight of Congress has
presented a logistical and political challenge for Congress to
fully reauthorize the Department along with its components and
programs. This has made it more difficult for Congress to pass
comprehensive authorizing language, including to address
recommendations made by watchdogs, and even to make technical
and conforming changes to existing Federal statute.
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\143\Pub. L. 107-296 (107th Cong.) (2002).
\144\Information provided by the Dep't of Homeland Sec. to
Committee Staff (on file with the Committee).
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DHS reported that it participated in 211 hearings,
providing 304 witnesses, and gave 4,157 briefings to Congress
during the 114th Congress.\145\ DHS reported having 1,703
engagements with 16 of the 21 standing House committees and
1,295 engagements with 16 of the 20 standing Senate
committees.\146\
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\145\Id.
\146\Id.
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This Act requires a report on the resources needed to
comply with congressional requests so Congress can have better
information on the full scope of the resources DHS dedicates to
complying with congressional engagements. It also authorizes a
Commission to review congressional oversight of DHS. The
Commission is required to conduct a comprehensive study and
make recommendations to increase efficiency of the Department's
interactions with Congress and ease the administrative burden.
In addition to establishing the Commission, Title VII of
the Act makes a number of technical and conforming changes to
law.
III. Legislative History
H.R. 2825 was introduced on June 8, 2017, by Representative
Michael McCaul (R-TX-10) and Representative Clay Higgins (R-LA-
3). The Act has eleven additional cosponsors. The Department of
Homeland Security Reauthorization Act was considered under
suspension of the rules and passed by the House of
Representatives on July 20, 2017, by a vote of 386 to 41. The
Act was received in the Senate and referred to the Committee on
Homeland Security and Governmental Affairs on July 20, 2017.
The Committee considered H.R. 2825 at a business meeting on
February 28, 2018, and continued its consideration on March 7,
2018. A substitute amendment as modified was offered by
Chairman Ron Johnson and Ranking Member Claire McCaskill and
accepted by unanimous consent.
Senator McCaskill offered McCaskill Amendment 1 as modified
to adjust the authorization of appropriations levels for
certain preparedness grant programs. The amendment was not
adopted by a roll call vote of 7 yeas to 8 nays. Senators
McCaskill, Carper, Heitkamp, Peters, Hassan, Harris and Jones
voted in favor of the amendment. Senators Johnson, Portman,
Paul, Lankford, and Daines voted against the amendment, and
Senators McCain, Enzi and Hoeven voted against the amendment by
proxy.
Senator Rand Paul offered Paul Amendment 2 as modified. The
amendment provides that a Federal employee who uncovers waste
at an agency and saves the agency money is eligible for a cash
reward. That amendment was adopted by voice vote with Senators
Johnson, Portman, Paul, Lankford, Daines, McCaskill, Carper,
Heitkamp, Peters, Hassan, Harris, and Jones present. Senator
Carper voted ``no'' for the record.
Senator Steve Daines offered two amendments. Daines
Amendment 1 would broaden the Support Anti-Terrorism by
Fostering Effective Technologies Act of 2002 to apply to
qualifying cyber incidents. Daines Amendment 4 would prohibit
DHS from conducting searches or seizures of an electronic
device of a U.S. person when entering the United States.
Senator Daines withdrew both amendments.
Two amendments related to election security were offered by
Senator Margaret Hassan and Senator James Lankford. Hassan
Amendment 1 would authorize the Secretary of Homeland Security
to carry out activities to assist in securing election
infrastructure. Senator Hassan withdrew this amendment.
Lankford Amendment 1 would designate DHS as the lead Federal
agency for election security-related information sharing and
require certain information sharing between DHS and other
agencies as well as DHS and state election agencies and service
providers. Senator Lankford withdrew this amendment.
Senator Heidi Heitkamp offered and withdrew Heitkamp
Amendment 1 regarding a floodwall on a property in North
Dakota.
Senator Kamala Harris offered and withdrew Harris Amendment
6, that would waive the replacement fees for passports and
immigration documents destroyed during a disaster.
Senator Harris also offered Harris Amendment 7, thrice
modified, that requires FEMA to establish guidelines for and
conduct oversight of Operation Stonegarden grants. That
amendment was adopted by voice vote with Senators Johnson,
Portman, Paul, Lankford, Hoeven, McCaskill, Heitkamp, Peters,
Hassan, Harris and Jones present.
Twenty-six amendments were adopted by voice vote en bloc
with Senators Johnson, Portman, Paul, Lankford, Daines,
McCaskill, Carper, Heitkamp, Peters, Hassan, Harris, and Jones.
Those amendments were: Carper-Heitkamp Amendment 2 and Carper
Amendment 4 as thrice modified; Daines Amendment 2 as modified
and Amendment 3; Hassan Amendment 2 as modified; Harris
Amendment 1 as modified, 2 as modified, 3 as amended by a
Johnson Second Degree Amendment, and 4 as modified; Heitkamp
Amendments 2, 3, and 4; Jones Amendment 1 as modified;
McCaskill Amendment 3 as twice modified; Paul Amendment 3 as
modified, 4, 6 as modified, and 10; Peters Amendment 1 as
modified; and Portman Amendment 1 and 2, Portman-Carper
Amendment 3 as modified, Portman-Carper Amendment 4, Portman
Amendment 5 as twice modified, Portman-Hassan Amendment 6 as
modified, and Portman-Hassan Amendment 7 as modified.
The Act, as amended by the substitute amendment as modified
and twenty-eight amendments, was ordered reported favorably by
a roll call vote of 10 yeas to 1 nays. Senators Johnson,
Portman, Lankford, Hoeven, McCaskill, Heitkamp, Peters, Hassan,
Harris, and Jones voted in the affirmative. Senator Paul voted
in the negative. Senators McCain, Enzi, Daines and Carper were
recorded for the record only as voting yea by proxy.
Consistent with Committee Rule 11, the Committee reports
the Act with a technical amendment by mutual agreement of the
Chairman and Ranking Member.
IV. Section-by-Section Analysis of the Act, as Reported
Section 1. Short title; table of contents
This section designates the title of the Act as the
``Department of Homeland Security Authorization Act'' and lists
the table of contents.
Title I--Department of Homeland Security Headquarters
SUBTITLE A--HEADQUARTERS OPERATIONS
Section 1101. Functions and components of Headquarters of Department of
Homeland Security
Subsection (1) renames the office listed under Section 112
of title 6, United States Code, through which the Secretary
coordinates with non-Federal entities, to be the ``Office of
Partnership and Engagement.'' Subsection (2) authorizes the
individual components of the Department's Headquarters.
Section 1102. Responsibilities and functions of Chief Privacy and FOIA
Officer
This section officially names the Department's senior
official responsible for privacy established in Section 142 of
title 6, United States Code, as the Chief Privacy Officer. This
section also expands the Chief Privacy Officer's
responsibilities to include serving as the Department's Chief
Freedom of Information Act (FOIA) Officer and overseeing all
agency components and activities to ensure Department-wide
compliance with established privacy and FOIA policies.
Section 1103. Responsibilities of Chief Financial Officer
This section clarifies and strengthens the role that the
Department Chief Financial Officer (CFO) plays in leading and
overseeing the integration of DHS's mission, strategic
objectives and priorities, and performance against the
objectives with its financial resource management.
Additionally, this section establishes greater accountability
of Department expenditures on conferences, requiring CFO
oversight and component reports on expenditures above certain
levels.
Section 1104. Chief Information Officer
Subsection (a)(1) designates the Department Chief
Information Officer (CIO), with responsibilities outlined in
Section 3506 of title 44, United States Code, and Section 11319
of title 40, United States Code, as an advisor to all
Department leadership in any information technology-related
activities. Subsection (a)(3) enhances information resource
management by requiring the CIO to create and report on
implementation of a strategic plan with clear metrics and
resource alignments to accomplish DHS's information technology
priorities. Subsection (b) requires the CIO to provide Congress
with the Department software license policy required by the
MEGABYTE Act of 2016 (40 U.S.C. 11302 note) and a biennial
report on DHS's inventory and management of software licenses.
Subsection (c) mandates a Comptroller General Review of
implementation of this section's requirements by FY 2019.
Section 1105. Quadrennial homeland security review
This section refines the approach for development of the
Quadrennial Homeland Security Review (Review), required by
Section 706 of the Homeland Security Act of 2002, as
redesignated by this Act. DHS is required to engage with
statutorily-established advisory committees on homeland
security issues, implement a risk management approach in its
strategic planning, and identify all resource requirements
rather than purely budgetary elements in the Review. Subsection
(a)(4) adjusts the annual deadline for the Review from December
31 to September 30 to better ensure integration of the findings
from the review into agency strategic and budgetary planning.
This subsection also requires DHS to retain records of key
information leveraged in development of the Review and provide
Congress information on the Department's integration of the
Review's findings into its acquisitions and financial
management plans.
Section 1106. Office of Strategy, Policy, and Plans
Subsection (a) abolishes the Department's Office of
International Affairs and transfers its resources and functions
to the Office of Strategy, Policy, and Plans.
Subsection (b) designates eleven Assistant Secretary
positions for the Department, three of which require
Presidential appointments and eight appointed by the Secretary.
This subsection also removes the limit of twelve Assistant
Secretaries established by Section 113 of title 6, United
States Code, but mandates that the Department receive statutory
authorization to add additional Assistant Secretary positions.
Subsection (c) authorizes the establishment of the Homeland
Security Advisory Council and its role to advise the Secretary
on homeland security issues.
Subsection (d) establishes the Office of Legislative
Affairs within DHS and requires the Assistant Secretary for
Legislative Affairs to establish a reporting structure for
departmental components' communications with Congress.
Subsection (e) establishes an Office of Private Sector to
advise the Secretary on private sector innovations and
challenges, foster communications with industry, and assess the
impact of the Department's activities and policies on the
private sector.
Subsection (f) includes definitions for ``assets'',
``functions'', and ``personnel''.
Subsection (g) requires DHS to identify and remediate any
duplicative efforts across the Department, especially in
components involved in international affairs, and report to
Congress on actions taken pursuant to DHS and GAO findings
regarding duplicated efforts.
Section 1107. Chief Procurement Officer
This section authorizes the Chief Procurement Officer
position and its role as the Department's senior procurement
executive for purposes of Section 1702 of title 41, United
States Code. The Chief Procurement Officer's duties include,
among other things, advising Department leadership on
procurement issues, leading management of procurement policies
and activities, and ensuring appropriate oversight,
accountability, and compliance with statutory requirements for
DHS's procurement practices. This section also provides a
definition for ``head of contracting activity.''
Section 1108. Chief Security Officer
This section authorizes the Chief Security Officer position
under DHS's USM. The Chief Security Officer's listed duties
include supporting the Department in all security-related
activities, including security policy management and educating
the Department's workforce.
Section 1109. Office of Inspector General
This section requires the proactive and timely reporting by
Department components to the Inspector General of any
allegations of misconduct regarding areas under the Inspector
General's authorities for investigation, unless waived by the
Inspector General.
Section 1110. Office for Civil Rights and Civil Liberties
This section authorizes the Office for Civil Rights and
Civil Liberties under the direction of the Chief Civil Rights
and Civil Liberties Officer. The Office for Civil Rights and
Civil Liberties shall advise and manage Department components
in handling of equal opportunity policies, programs, and
issues, and it investigates possible civil rights or civil
liberty abuses. All Department components must appoint a senior
level Federal employee as the Component Civil Rights and Civil
Liberty Officer.
Section 1111. Science and Technology
This section clarifies the role of the Under Secretary for
Science and Technology as the senior advisor to the Secretary
on the Department's research and development efforts and
priorities. Subsection (b) replaces the Homeland Security
Advanced Research Projects Agency with the Office of the Chief
Scientist, which will be led by a Chief Scientist appointed by
the Under Secretary for Science and Technology who fulfills the
qualification requirements of this subsection. The Chief
Scientist is responsible for advancing the Department's
research and development capabilities to promote revolutionary
changes to homeland security technologies and must meet
advanced education requirements. The DHS Secretary is
authorized to leverage an experimental personnel management
system and use the hiring authorities established in the Strom
Thurmond National Defense Authorization Act for Fiscal year
1999 to hire personnel for the Science and Technology
Directorate.
Section 1112. Department of Homeland Security Rotation Program
Subsection (a) specifies enhancements to the management,
protections, and accountability of the DHS's Rotation Program.
It clarifies that Rotation Program participation is not
required for all DHS employees, but only for certain personnel.
The subsection emphasizes the purpose of the Rotation Program,
specifically to enhance cross-office integration and skills
through the diversity of exposure offered by the Rotation
Program. The Rotation Program is required to establish
administrative procedures to ensure fair access to information
and equal opportunity for DHS employees as well as to protect
the rights and competitiveness of the selected detailees during
their rotation and upon their return to their home office. It
also requires the establishment of an Intelligence Rotational
Assignment Program under the same parameters to enhance the DHS
Intelligence Enterprise employees' knowledge of other subject
areas. The CHCO must also perform regular evaluations of and
submit an annual report on the Homeland Security Rotation
Program.
Subsection (b) requires the Secretary to provide a status
report to Congress on implementation of the Department's
Rotation Programs.
Section 1113. Future Years Homeland Security Program
This section amends the timeline, content, and reporting
requirements of the DHS Future Years Homeland Security Program
report established in Section 454 of title 6, United States
Code. DHS must submit this report annually to the House
Committee on Homeland Security and Senate Homeland Security and
Governmental Affairs Committee within 60 days of submission of
the President's budget. The report content must cover a period
of five fiscal years and detail projected acquisition estimates
and deployment schedules for major acquisitions for that time
period. The Department must make these reports public, insofar
as they do not include classified information. Classified
information may be submitted to Congress in a separate document
and not made public.
Section 1114. Field efficiencies plan
This section requires DHS to develop and submit to Congress
within 270 days of this Act's enactment a field efficiencies
plan to evaluate opportunities for consolidation and economy of
resources across the Department. In the plan, DHS must review
the physical infrastructure and administrative functions of its
components and propose recommendations driven by cost-benefit
analyses for consolidation of facility, administrative, and
logistical components and functions.
Section 1115. Management
Section (a) requires DHS through FY 2023 to submit with its
annual budget request information on any instances of the
Secretary reprogramming or transferring funds to address
unforeseen costs and address operational surges, or if any
limitations on reprogramming funds affected the Secretary's
ability to do so, over the previous year.
Subsection (b) codifies a senior executive services
position of the Chief Facilities and Logistics Officer for the
Department, responsible for overseeing management of and
providing mission support services for DHS's real property,
facilities, and environmental and energy programs. This
subsection also requires the USM to develop and update, in
consultation with the Administrator of the General Services
Administration (GSA), a five-year strategy for real property
management for the Department. The strategy must be
geographically organized and identify opportunities for
optimization and consolidation to drive better efficiencies and
cost savings, and include information on the Department
Headquarters consolidation project. The Secretary must provide
the regional strategies to Congress and, within its second
updated strategy, report on the impacts of the strategy's
implementation on the Department's operations and costs. This
section also requires DHS to establish appropriate leadership
and accountability within the Department to drive
implementation of this plan. Components are required to
identify a senior career employee to serve as regional property
manager and a central point of contact, provide data to the USM
on the component's real property holdings, and certify their
implementation of the strategy to the USM. The Inspector
General is required to review the regional real property
strategies and issue findings on the effectiveness of the
Department's efforts to manage its real property.
Section 1116. Report to Congress on cost savings and efficiency
This section requires DHS to submit a report on the
Department's management, physical, and personnel resources and
activities as well as areas identified for potential cost
savings, avoidances, and efficiencies across the Department.
The report must examine each components' management and
administrative costs and activities, the Department's major
physical assets, and the Department's workforce composition and
disposition to then provide management recommendations for
addressing shortcomings and enhancing efficiencies. The report
must be unclassified, though the Department may also submit a
classified annex.
Section 1117. Countering weapons of mass destruction office
This section establishes the CWMDO for DHS and an Assistant
Secretary to oversee it. CWMDO's mission is to lead
coordination and strategic policy for the Department to detect
and protect against the transfer or storage of chemical,
biological, radiological, and nuclear materials as well as any
attack using such agents. The offices and senior executive
leadership positions of the DNDO and the Office of Health
Affairs are abolished by this section, and all of the
aforementioned office's personnel and resources are transferred
to the CWMDO. This section requires DHS to assess and report to
Congress on the organization of the Department's chemical,
biological, radiological, and nuclear activities to identify
mission and efficiency enhancements achieved through the
establishment of the CWMDO.
This section also makes the DHS Chief Medical Officer
appointed by the Secretary rather than the President and
reorganizes the position to sit within the CWMDO. The Chief
Medical Officer's responsibilities include providing medical
operational support to departmental components and coordinating
with state, local, and tribal governments, DHS components, and
the medical community on medical and public health matters. The
DHS USM, in coordination with the Chief Medical Officer, are
responsible for overseeing and coordinating the Department's
workforce health and medical activities, to include
establishing medical, health, veterinary, and occupational
health exposure policy, strategies, and initiatives for all DHS
human and animal personnel. The Chief Medical Officer will be
DHS' primary point of contact with other departments and
agencies, and State, local, and tribal governments. The Chief
Medical Officer will also coordinate the biodefense activities
of the Department, as well as medical preparedness activities
and training.
There is a sunset provision for all provisions within this
section. On the date five years after enactment of this Act,
unless reauthorized, the CWMDO and the position of Assistant
Secretary for CWMDO will be abolished after transferring all
functions, personnel, and assets to the DNDO and OHA.
Section 1118. Activities related to international agreements;
activities related to children
This section requires DHS to consider the needs of children
in homeland security policy and planning by incorporating
organizations representing the needs of children into the
Department's stakeholder outreach under the Office of Strategy,
Policy, and Plans.
Section 1119. Canine detection research and development
This section obligates the Secretary, acting through the
Under Secretary for Science and Technology, to conduct research
and development of canine detection technology, which may
include scientific advances, user techniques and procedures,
national security policies, emerging threat protection, and
training aids.
SUBTITLE B--HUMAN RESOURCES AND OTHER MATTERS
Section 1131. Chief Human Capital Officer responsibilities
This section expands the responsibilities of the DHS's CHCO
to ensure workforce management within the Department measures
effectiveness of strategic resource planning and is driven by
industry best practices. The CHCO must also assess the
resourcing requirements of the Department's mission support
functions to minimize allocation of mission-critical staff to
these support roles. To enhance transparency and participation
Department-wide, the CHCO is also required to maintain a
catalogue of development opportunities, including rotational
programs, that can be easily accessed by all Department
employees. In addition, the CHCO must assess the Department's
efforts to recruit and retain employees in rural areas, make
policy recommendations to the Secretary and Congress, and
monitor significant employment contracts be developing
performance measures.
Section 1132. Employee engagement and retention action plan
This section requires the Secretary, through the CHCO, to
create and implement a plan annually to enhance employee
engagement, retention, morale, and communications across the
Department. DHS must ensure the plan integrates input from all
categories and locations of Department employees as well as
through a variety of feedback mechanisms, including surveys.
Each departmental component is then required to develop and
implement a component-specific employee engagement plan that
aligns with the Department-wide plan. The components must
report on the status of implementation of their engagement
plans to the CHCO. The Department and components must also
submit their employee engagement plans to the House and Senate
homeland security committees. This section shall terminate five
years after the date of enactment of this Act.
Section 1133. Report discussing Secretary's responsibilities,
priorities, and an accounting of the Department's work
regarding election infrastructure
This section requires the Secretary to continue to
prioritize providing assistance, as appropriate, to state and
local election officials. DHS must report to Congress annually
on the Department's responsibilities and activities conducted
coordinating the election infrastructure critical
infrastructure sector and its priorities for enhancing the
sector's security. The report must be unclassified but may have
a classified annex.
Section 1134. Policy, guidance, training, and communication regarding
law enforcement personnel
In order to streamline and modernize training for law
enforcement personnel, this section requires the Secretary to
assess the current training and implement a new strategic plan.
The Secretary must take into account the amount of hours for
training and continuing education currently provided, best
practices, the technology being used, reviews and feedback
about the training by law enforcement personnel, and
potentially duplicative training programs. One year after
enactment, the Secretary must submit a report on the progress
of the strategic plan to HSGAC and the House Committee on
Homeland Security. Two years after enactment, the Secretary
must submit another assessment of the training programs to both
committees. Finally, in the event of any Executive order or
memorandum that changes law enforcement conduct policy, the
Secretary must develop, implement, and publish a written plan
to communicate the new policy to law enforcement and ensure
they are trained accordingly. The Secretary must submit to both
homeland security committees a report describing the plan and
actions taken.
Section 1135. Hack DHS bug bounty pilot program
This section provides a definition for ``bug bounty
program,'' in which DHS hires and temporarily authorizes an
approved individual or organization to identify and report
vulnerabilities of Internet-facing information technology. The
section establishes a pilot program, no later than 180 days
after enactment, in which the Secretary shall award a
competitive contract to an entity to manage the pilot program,
designate mission-critical operations excluded from the
program, and develop a process for interested entities to
register for participation in the program. 180 days after the
program ends, the Secretary must submit a report to both
homeland security committees detailing the number of
participants, the number of vulnerabilities reported, how those
vulnerabilities are being remediated, and lessons learned.
Section 1136. Cost savings enhancements
This section allows the Inspector General of the DHS (DHS
IG) to pay a cash award to employees other than the Secretary
who save the Department money by disclosing fraud, waste, or
mismanagement of surplus funds to the DHS IG. Surplus funds are
defined as funds that are not required for the purpose for
which the amounts were made available or those funds that
exceed the needed amounts to fully execute the purpose(s) for
which those funds were made available. The cash award per
employee cannot exceed the lesser of $10,000 or 1 percent of
the cost savings to the Department resulting from the
employee's disclosure.
After determining that the surplus funds meet the surplus
fund definitional requirements, the Department's CFO is
responsible for transferring the surplus funds to the general
fund of the Treasury, which must use the savings for deficit
reduction. However, the Department can retain up to 10 percent
of the surplus savings to pay for cash awards and other
Department needs. The DHS Secretary is also responsible for
submitting to the Secretary of the Treasury an annual report
identifying the total savings achieved during the previous
fiscal year under the program. This report is due by September
30th of each fiscal year. The Secretary should also include the
savings information in its budget request to the Office of
Management and Budget. The Secretary of the Treasury is
responsible for submitting an annual report to the House and
Senate Appropriations Committees detailing the cost savings and
cash awards. This provision includes a sunset provision that
ends the program after six years from the date of enactment.
Section 1137. Cybersecurity research and development projects
This section directs the Under Secretary for Science to
support the research and development of new cybersecurity
technologies. The DHS Secretary is responsible for submitting a
report detailing the new cybersecurity projects to the House
Committee on Homeland Security, the House Committee on Science,
Space, and Technology, and the Senate Homeland Security and
Governmental Affairs Committee. The Secretary is also
responsible for developing a training program for acquisitions
staff involved in acquiring new cybersecurity technologies. No
additional funds are authorized to implement this section.
Section 1138. Cybersecurity talent exchange
This section establishes a pilot cybersecurity talent
exchange program with private sector cybersecurity firms. The
program allows DHS employees to work for a cybersecurity firm
in the private sector and for private sector cybersecurity
experts to work as Congressional detailees at the DHS for up to
four years. The Department and private sector firms each pay
their respective employees while participating in the exchange
program. The Secretary of the DHS must present a report on the
program to congressional homeland security committees six years
after the program is enacted. The program automatically
terminates seven years after the enactment of this Act.
SUBTITLE C--OTHER MATTERS
Section 1141. Protection of personally identifiable information
This section amends the Tariff Act of 1930 to require CBP
to remove any personally identifiable information from vessel
or aircraft manifests available for public disclosure before
those manifests are disclosed.
Section 1142. Technical and conforming amendments
This section makes technical amendments to the Homeland
Security Act of 2002. The amendments include removing several
outdated or completed reporting requirements for DHS to report
to Congress on the status of key initiatives. This section also
abolishes the position of Director of Shared Services and the
Office of Counternarcotics at the DHS.
Title II--Department of Homeland Security Acquisition Accountability
and Efficiency
Section 1201. Definitions
This section provides definitions to ensure common
understanding of key acquisitions terms referenced in the
acquisitions title, Title II, of this Act. This section
references the statutory definition of ``acquisition''
established in Section 131 of title 41, United States Code, and
also provides definitions for terms including ``acquisition
decision authority,'' ``acquisition program baseline,''
``breach,'' ``life cycle cost,'' and ``major acquisition
program.''
SUBTITLE A--ACQUISITION AUTHORITIES
Section 1211. Acquisition authorities for Under Secretary for
Management of the Department of Homeland Security
This section codifies the DHS USM as the Department's Chief
Acquisitions Officer. The USM will lead the Department's
acquisition oversight and maintain the authority to approve,
pause, modify, or cancel major acquisition programs. This
section also establishes the USM's role in overseeing
Department components' acquisition activities, especially in
their functional capabilities and their compliance with
Department acquisition policies. Subsection (3) establishes
criteria for the USM to delegate acquisition decision authority
to a Component Acquisition Executive based on program life
cycle cost estimates and functional maturity of component
acquisition operations and leadership. This section also
clarifies the role for the Under Secretary for Science and
Technology in DHS acquisitions management to enable the Science
and Technology Directorate to effectively support current and
future acquisition requirements. The Under Secretary for
Science and Technology shall work with the USM to oversee and
ensure necessary operational testing, evaluation, and
independent validation of technologies and systems for major
acquisition programs.
Section 1212. Acquisition authorities for Chief Financial Officer of
the Department of Homeland Security
This section requires the DHS CFO to coordinate with the
USM in overseeing the Department's acquisition activities to
ensure that programs will be affordable and adequately funded
over their life cycle.
Section 1213. Acquisition authorities for Chief Information Officer of
the Department of Homeland Security
This section authorizes the DHS CIO to oversee the
management of the Homeland Security Enterprise Architecture and
ensure that information technology acquisitions meet all
requirements of the Department's information technology
management policies and standards. The CIO is also responsible
for advising the Acquisition Review Board on information
technology programs and developing strategic guidance for the
Department's information technology acquisitions.
Section 1214. Acquisition authorities for Program Accountability and
Risk Management
This section authorizes the PARM office within the DHS
Management Directorate. An Executive Director shall lead the
PARM office and be responsible for overseeing implementation of
Department acquisition program policy to ensure accountability
for performance, reliability of data, and consistency of
acquisitions operations across the Department. The Executive
Director is also responsible for supporting development of an
acquisitions workforce strategy and creating certification
standards for Department acquisition program managers.
This section also emphasizes the requirement for all
Department components to comply with existing acquisitions
laws, regulations, and departmental directives. The
responsibilities of the component leadership include
documenting requirements, developing and verifying life cycle
cost estimates, and maintaining schedules for the component's
major acquisition programs.
This section establishes the responsibility for the
Secretary and relevant component leadership to ensure thorough,
timely, and accurate documentation of acquisition activities
and requirements. DHS components must submit certain
acquisition documentation to the Secretary for a quarterly
report to Congress on acquisitions. The Secretary may waive
this requirement on a case-by-case basis, but must report to
Congress annually on the waivers it issues under this
authority.
Section 1215. Acquisition innovation
This section recognizes the need for government to enable
innovative approaches to streamline and improve acquisitions
programs necessary for resourcing government initiatives and
capabilities. The DHS USM is authorized to designate a
Department lead for managing Department-wide acquisition
innovation efforts. The USM is permitted to test emerging
acquisitions best practices and leverage performance metrics
for evaluating acquisition innovation effectiveness. DHS may
also conduct industry outreach to assess the impacts of its
acquisition innovation efforts on the private sector.
This section requires DHS to report to the House and Senate
homeland security committees to enable congressional oversight
of the effectiveness of the Department's acquisition innovation
activities. The report must include information regarding
testing and dissemination of emerging acquisitions best
practices; the measured performance of the departmental
acquisitions activities; impacts of innovative DHS acquisitions
mechanisms on the private sector; and any recommendations for
improving departmental acquisitions innovation.
SUBTITLE B--ACQUISITION PROGRAM MANAGEMENT DISCIPLINE
Section 1221. Acquisition Review Board
This section codifies the DHS Acquisition Review Board,
chaired by the USM, which ensures accountability and
consistency in review of departmental acquisitions activities
and programs. The Board convenes at the discretion of the
Secretary to review major acquisition programs requiring
authorization to proceed through its lifecycle phases or
programs in breach of its requirements. The Board shall meet
regularly to maintain oversight of Department acquisitions
programs and ensure appropriate scheduled progress of major
acquisition programs. Responsibilities of the Board include
reviewing and overseeing acquisitions to determine compliance
with and fulfillment of established requirements of the set
acquisition life cycle framework, overseeing alignment and
implementation of individual acquisitions with Department
strategic initiatives, and ensuring development of requirements
in consideration of trade-offs among cost, schedule, and
performance objectives.
This section also requires DHS to report to Congress
following any decision by the Department to authorize a major
acquisition program to proceed into the planning phase without
the Department approving an acquisition program baseline. DHS
must provide advanced written notice of the decision to
Congress within one week of the signing of the acquisition
decision memorandum and then submit the report detailing the
rationale of the decision and associated action plan for
establishing the baseline within 60 days of the memorandum's
signature. The USM must also report annually to Congress
through FY 2022 with information regarding the Board's
meetings, results of acquisition program and document reviews,
and efforts to implement acquisition oversight processes
throughout the Department.
Section 1222. Department leadership councils
This section authorizes the Secretary to establish
Department leadership councils, including a Joint Requirements
Council, to assist in coordination, improve management, and
reduce duplication in acquisition programs. The mission of the
Joint Requirements Council is to validate joint requirements
that support the Department's mission activities, ensure
integration of efficiencies in management of joint
requirements, and recommend prioritized capabilities for
validated joint requirements. The Council shall include senior
leadership representing Department components as well as a
chairperson appointed by the Secretary. This section also
requires the Secretary to ensure that the DHS Future Years
Homeland Security Program, as amended by this Act, is
consistent with the recommendations of the Joint Requirements
Council.
Section 1223. Excluded party list system waivers
This section requires the Homeland Security Office of
Legislative Affairs to submit to Congress notice of any waiver
issued by the DHS Chief Procurement Officer or CFO permitting a
Federal agency to engage in business with a contractor in the
Excluded Party List System maintained by the GSA. DHS must
report the waiver within five days of its issuance and explain
the finding and rationale behind the USM's granting of the
waiver.
Section 1224. Inspector General oversight of suspension and debarment
This section requires the Inspector General of DHS to
conduct audits to identify the improper awarding of grants or
contracts to a suspended or debarred entity. The Inspector
General is also required to review and assess the suspension
and debarment program and the criteria for Department-wide
implementation.
Section 1225. Suspension and debarment program and past performance
This section codifies a suspension and debarment program
within DHS and the components. It also mandates DHS institute
policies to document decisions, refer suspensions or debarments
to other Federal agencies, share information on contractors,
and log a suspension or debarment decision in Government-wide
databases. This section includes a requirement for Department
or component lead procurement official to evaluate past
performance reviews in solicitations. The section also provides
a waiver option for the Department's Chief Procurement Officer.
SUBTITLE C--ACQUISITION PROGRAM MANAGEMENT ACCOUNTABILITY AND
TRANSPARENCY
Section 1231. Congressional notification for major acquisition programs
This section establishes internal Department lines and
thresholds of reporting as well as external reporting
requirements to Congress in the case of a breach or a
significant variance from the targeted cost or schedule of a
major acquisition program. After any breach of a major
acquisition program, the program manager must submit to
Department leadership a root cause analysis that assesses the
reasons for the shortcomings and provides a remediation plan to
correct the issues. Within 30 days of the program manager's
submission of the remediation plan, the USM shall report to
Congress a review of the corrective actions taken pursuant to
the remediation plan. If a likely cost overrun for a major
acquisition program is greater than 20 percent or an
anticipated delay is over 12 months from the specified
acquisition program baseline, the USM is required to notify
Congress. This section also provides definitions for
acquisitions-related terms in this section such as
``acquisition program baseline,'' ``best practices,''
``breach,'' and ``component acquisition executive.''
Section 1232. Multiyear acquisition strategy
This section requires DHS to brief the appropriate
congressional committees on a multiyear acquisition strategy to
provide guidance and agility for the direction of the
Department's acquisitions programs and activities. All updates
of the acquisition strategy must be included in each annual
Future Years Homeland Security Program required by this Act.
Section 1233. Report on bid protests
This section establishes a requirement for the DHS
Inspector General, in consultation with GAO, to evaluate and
report to Congress on the prevalence and impact of bid protests
on the Department's acquisition process. Among other things,
the report must provide information including trends in bid
protests filed with Federal courts and GAO, analysis and
comparison of bid protests by varying criteria, an assessment
of the cost and schedule impact of successful and unsuccessful
bid protests, time spent preventing and responding to bid
protests, and any resultant recommendations from the Inspector
General.
Section 1234. Prohibition and limitations on use of cost-plus contracts
This section restricts the Department's ability to use
cost-type contracts, requiring the Secretary to modify
departmental acquisition regulations to only permit fixed-price
type contracts for any acquisitions, including major
acquisition programs. Exceptions to this prohibition are only
permitted where DHS justifies in writing that the level of
program risk requires use of the cost-type contract model and
that the Department will take necessary steps to enable fixed-
price awarding for any follow-on contracts for the same
products or service. Subsection (c) authorizes the DHS
Acquisition Review Board to approve the use of a cost-type
contract for a major acquisition program only after generating
a written determination that the Department's efforts in
attempting to define requirements for a fixed-price contract
for the program have been exhausted and that the program's
complexity necessitates the use of a cost-type contract.
Section 1235. Bridge contracts
This section requires the DHS Chief Procurement Officer to
consult with the Office of Federal Procurement Policy to
develop policies and procedures to minimize the Department's
use of bridge contracts and ensure appropriate planning by
contracting officials. The policies must ensure sufficient time
and planning to review contract requirements and establish
notifications to the Chief Procurement Officer for contracts
not meeting timeliness standards or that require entering into
bridge contracts. The Chief Procurement Officer shall provide
public notice within 30 days of entering into a bridge contract
and shall report to the House and Senate homeland security
committees on a common definition for bridge contract and the
status of departmental use of these contracts.
Section 1236. Acquisition reports
This section requires the DHS USM to prepare and submit to
Congress a semi-annual program accountability report that
assesses the condition of the Department's acquisition
programs. Component Acquisition Executives must also identify
and report to the USM all component level 3 acquisition
programs, and the component's policies and guidance regarding
level 3 acquisitions. The USM is responsible for reporting to
Congress that all such programs were identified and that
Department components' policies comply with Department-wide
guidance. DHS must also establish a repeatable process for
identifying level 3 programs.
Title III--Intelligence and Information Sharing
SUBTITLE A--DEPARTMENT OF HOMELAND SECURITY INTELLIGENCE ENTERPRISE
Section 1301. Homeland intelligence doctrine
This section directs the development of Department-wide
guidance on the treatment and production of homeland security
and terrorism-related information and intelligence to enhance
component collaboration efforts. The Secretary, through the DHS
Chief Intelligence Officer, shall create and disseminate
written, unclassified guidance for all Department offices and
components regarding the processing, analysis, production, and
dissemination of homeland security and terrorism information.
For five fiscal years upon enactment of this section, the
Secretary shall annually review and make any necessary
revisions to the established guidance.
Section 1302. Personnel for the Chief Intelligence Officer
This section requires that DHS resource the Chief
Intelligence Officer with an experienced and expert staff able
to leverage an understanding of Department component programs
and proficiency in intelligence functions to assist the Chief
Intelligence Officer in his or her duties. This section
recognizes the need for capable staff supporting the Chief
Intelligence Officer role and enhancing coordination across the
DHS Intelligence Enterprise.
Section 1303. Annual homeland terrorist threat assessments
This section requires that the DHS Secretary, through the
Under Secretary for Intelligence and Analysis, coordinate with
all Department intelligence components and programs to conduct
an annual, classified assessment of the terrorist threat to the
homeland for five fiscal years following the enactment of this
Act. The assessment shall leverage DHS component data to the
greatest extent practicable to identify emerging and persistent
threats conducting or facilitating terrorism, including
terrorism-related threats to critical infrastructure and
Federal civilian networks. The assessment must also provide
information on individuals suspected of involvement in
terrorist activity who were subsequently subjected to criminal
or civil proceedings or denied entry into the United States.
This section also requires the Secretary to submit an
annual report to Congress detailing the status of and metrics
used to evaluate DHS' anti-terrorism programs and policies. The
report must include an accounting of the grants received and
how they were used, DHS-sponsored training, and lessons
learned. The Office of Civil Rights and Civil Liberties must
also conduct an annual review to ensure that all anti-terrorism
activities are respecting the privacy and civil rights and
liberties of all persons.
This section also amends 6 U.S.C. 609(b)(1) to specify that
grant funds may not be used to support any organization or
group that has funded, engaged in, or recruited to domestic or
international terrorism.
There is a sunset provision for the annual report
provision: five years after enactment, the provision will be
repealed.
Section 1304. Department of Homeland Security data framework
Subsection (a) directs the DHS Secretary to develop a data
framework, an ongoing DHS initiative to integrate component
systems and homeland security data for access by authorized
Department employees to support their duties. Subsection (b)
outlines qualifications for employees permitted access to the
data framework and requires that the Secretary establish
guidance incentivizing a duty to share information across
components. Subsection (c) permits the exclusion of certain
information from the data framework, such as that with the
potential to compromise sources and methods or criminal
investigations. Subsection (d) directs the Secretary to
implement mechanisms to identify security risks and safeguard
civil liberties and privacy within the data framework systems
capabilities. Subsection (e) gives the Department two years to
implement the data framework. Subsection (f) establishes
consistent communications requirements for DHS to report
progress on the data framework's implementation and highlight
any use cases of data framework information assisting in the
disruption of terrorist activities. Subsection (g) includes
definitions for the terms ``national intelligence'' and
``appropriate congressional committee.''
Section 1305. Establishment of Insider Threat Program
This section requires the Secretary to establish an Insider
Threat Program, with the goal of preventing and responding to
insider threat risks to critical assets. The Secretary must
also establish a Steering Committee of key DHS leadership to
manage and coordinate Department activities related to insider
threats to DHS critical assets. This section outlines the
responsibilities of both the Chief Intelligence Officer and the
Chief Security Officer to coordinate with the Steering
Committee in developing a Department strategy to mitigate
insider threat risk and protect critical assets. DHS is
required to establish a framework for disciplining employees
engaged in insider misconduct, and this section establishes
punishment criteria for misconduct and procedures for an
employee to appeal allegations of insider misconduct. The
Steering Committee must ensure not to use authorities provided
in this section to deter, detect, or mitigate lawful
disclosures of information, such as those established to
protect whistleblowers. Definitions for several key terms,
including ``critical assets'', ``insider misconduct'', and
``insider threat'' are provided in this section. Additionally,
the DHS Secretary must report to Congress on the Department's
implementation of its insider threat risk mitigation strategy
and the effectiveness of the Insider Threat Program.
Section 1306. Report on applications and threats of blockchain
technology
This section requires the Secretary, in conjunction with
the Secretary of the Treasury, the Attorney General, and the
Director of National Intelligence, to assess the threat posed
by blockchain technology, and submit a report to the Senate
Committees on Armed Services; Intelligence; Banking, Housing,
and Urban Affairs; and Homeland Security and Government
Affairs' and the House Committees on Armed Services, Financial
Services, and Homeland Security. The report must assess the
potential offensive and defensive applications of blockchain
and other distributed ledger technologies, the threat posed by
the use of such technology by state sponsors of terrorism, the
use or planned use of the technology by the Federal government,
and the vulnerability of the U.S. critical infrastructure to
attacks using such technology.
This section also provides a definition for the terms
``foreign terrorist organization'' and ``state sponsor of
terrorism.''
Section 1307. Transnational criminal organizations threat assessment
Subsection (a) requires the Under Secretary for
Intelligence and Analysis to develop a threat assessment on
whether human smuggling organizations and transnational
criminal organizations are exploiting vulnerabilities in border
security screening to enter the United States. Subsection (b)
states that the Secretary of Homeland Security shall use this
assessment to determine whether changes are needed regarding
border security. Subsection (c) requires the Under Secretary to
share threat information with appropriate state, local, and
tribal law enforcement including officials operating within
fusion centers consistent with requirements for classified
information.
Section 1308. Department of Homeland Security Counter Threats Advisory
Board
This section authorizes DHS to create a Counter Threats
Advisory Board for the following two years after enactment of
this Act and details the requirements for the Board. The Board
shall consist of senior departmental component and headquarters
representatives and coordinate intelligence and policy
activities across DHS that relate to countering threats, such
as in advising the Secretary on issuance of terrorism alerts
under Section 124 of title 6, United States Code. The Under
Secretary for Intelligence and Analysis shall chair the Board.
The Secretary of Homeland Security, acting through the Under
Secretary for Intelligence and Analysis, shall report to
Congress on the status and activities of the Board within 90
days of enactment of this Act.
Section 1309. Briefing on pharmaceutical-based agent threats
This section requires the Assistant Secretary for the
CWMDO, in consultation with other departments, to brief
congressional committees on threats related to pharmaceutical-
based agents. The briefing must assess the threats posed and
the materiel and non-materiel Federal capabilities to combat
such threats, and must identify a strategy to address any
capability gaps. This section also provides a definition for
``pharmaceutical-based agent.''
SUBTITLE B--STAKEHOLDER INFORMATION SHARING
Section 1311. Department of Homeland Security Fusion Center Partnership
Initiative
This section renames DHS's State, Local, and Regional
Fusion Center Initiative as the ``Department of Homeland
Security Fusion Center Partnership Initiative''. The section
mandates that principal officials of fusion centers take steps
to support interagency coordination and lists those required
actions, such as coordination with other heads to provide
analytic intelligence advice. The Secretary shall make
available criteria for sharing information and deploying
personnel to support fusion centers in the National Network of
Fusion Centers. In addition, the Secretary shall provide the
fusion centers with training in protecting civil rights,
encourage the full participation of the National Network, and
track all Federal funding to each fusion center. Fusion centers
along land or maritime borders shall be a priority for border
intelligence efforts. Annually through 2024, the Under
Secretary for Intelligence and Analysis shall report to
Congress on the efforts of the Fusion Center Partnership
Initiative. Within 180 days of enactment of this Act, the
Comptroller General must submit a report to Congress on
databases and datasets deployed to address gaps in information
sharing across the National Network of Fusion Centers.
Section 1312. Fusion center personnel needs assessment
This section requires the Comptroller General to conduct an
assessment of DHS personnel assigned to fusion centers,
including a determination of whether additional personnel are
needed to enhance the Department's mission. The assessment
should account for information regarding current personnel
deployments, roles and responsibilities for required positions,
and general Federal resources allocated across the fusion
centers. It also provides definitions for the terms ``fusion
center'' and ``National Network of Fusion Centers.''
Section 1313. Strategy for fusion centers supporting counternarcotics
initiatives through intelligence information sharing and
analysis
The Under Secretary for Intelligence and Analysis shall
submit to Congress a strategy for the fusion centers providing
support to law enforcement counternarcotics investigations
through intelligence information sharing and analysis.
Additionally, the Under Secretary shall provide guidelines and
best practices to fusion center leadership and employees to
enhance their counternarcotics activities.
Section 1314. Program for State and local analyst clearances
This section establishes greater congressional oversight of
DHS's efforts providing access to classified information to
state, local, tribal, and territorial analysts to ensure
consistency with need to know requirements established in
Executive Order No. 13526 (50 U.S.C. 3161). Within two years of
the enactment of this section, the Under Secretary for
Intelligence and Analysis must submit a report regarding the
process for determining eligibility and issuance of Top Secret
clearances, the effects of provisioning clearances on
information sharing with non-Federal government partners, and
the risks associated with providing such clearances.
Section 1315. Information technology assessment
This section requires DHS to evaluate its information
systems used to share homeland security information between the
Department and the fusion centers. The assessment shall be led
by the Department CIO and representatives from the National
Network of Fusion Centers. The evaluation should include a
review of the accessibility and ease of use of the systems by
the fusion centers, an assessment of participation levels in
using the information systems, and determinations of actions to
improve interoperability of department information systems with
those of the fusion centers.
Section 1316. Department of Homeland Security classified facility
inventory
This section gives the Secretary the responsibility, to the
extent practicable, to maintain an inventory of DHS facilities
that are certified to house classified infrastructure of
systems at the secret level or above. The Secretary must update
and share the inventory with appropriate Department and non-
Federal Government personnel. The inventory shall include the
location of the facilities, information regarding their
physical dimensions and room capacity, the entities running the
facilities, and the dates they were established.
Section 1317. Terror inmate information sharing
Subsection (a) requires the Secretary, in coordination with
other Federal officials when appropriate, to release
information from a Federal correctional facility of individuals
who may pose a terrorist threat. Subsection (b) specifies that
the scope of the information shared must pertain to homeland
security and regard individuals convicted of a Federal crime.
Subsection (c) mandates Federal officials provide fusion
centers at all levels with periodic threat assessments
regarding the overall threat known from known or suspected
terrorists. This includes the assessed risks of the population
of their activity upon release. Subsection (e) emphasizes that
this section does not require the establishment of a list of
registry of individuals.
Section 1318. Annual report on Office for State and Local Law
Enforcement
This section mandates that between FY 2019 and FY 2023, the
Assistant Secretary for State and Local Law Enforcement shall
submit a report on the activities of the Office for State and
Local Law Enforcement. The report shall describe the Office's
efforts to coordinate and share information with state, local,
and tribal law enforcement agencies as well as their feedback
on efforts. The report must also evaluate the Office's
effectiveness by assessing progress against its performance
metrics.
Section 1319. Annual catalog on Department of Homeland Security
training, publications, programs, and services for State,
local, and tribal law enforcement agencies
This section requires that the Assistant Secretary for
State and Local Law Enforcement produce and make available an
annual catalog that summarizes opportunities for training,
publications, and services from the Department and its
components available to law enforcement agencies. The Assistant
Secretary shall also coordinate with DHS components and other
Federal agencies to consolidate and make available information
on Federal resources intended to support fusion centers.
Section 1320. Chemical, biological, radiological, and nuclear
intelligence and information sharing
This section mandates that the DHS Office of Intelligence
and Analysis provide intelligence analysis of terrorist actors
and chemical, biological, radiological, or nuclear threats to
support homeland security efforts, including in sharing
information to support state, local, tribal, or other Federal
agency authorities. The Office shall integrate such analysis
into risk assessments of these homeland security hazards. As
appropriate, the Office of Intelligence and Analysis shall
coordinate efforts and information sharing with other relevant
Department components, including CWMDO, and the National
Counter Proliferation Center. The DHS Secretary must report
annually to Congress on the Department's progress in
implementing chemical, biological, radiological, and nuclear
intelligence and information sharing activities specified in
this section.
Section 1321. Duty to report
This section requires the Federal Government agency
responsible for leading the investigation of an act of
terrorism to provide an unclassified report to Congress on such
act within one year after the investigation has been completed.
The primary agency should collaborate with the Secretary of
Homeland Security, the Attorney General, and the Director of
the Federal Bureau of Investigation in generating this report.
The report should include facts about the incident, an
explanation of security gaps that could be addressed to prevent
such acts, and any recommendations for additional measures to
be taken to improve homeland security. This requirement may be
waived in instances where the aforementioned parties or the
head of the National Counterterrorism Center determine that
such a report would jeopardize an ongoing investigation or
prosecution.
Section 1322. Strategy for information sharing regarding narcotics
trafficking in international mail
This section requires the Secretary, in coordination with
CBP, to share counternarcotics information related to
international mail, including best practices and known shippers
of illegal narcotics, between DHS component, USPS, express
consignment operators, and peer-to-peer payment platforms.
Section 1323. Constitutional limitations
This section ensures that all gathering and information
sharing activities under this title are carried out in
accordance with the Constitution.
Title VI--Emergency Preparedness, Response, and Communications
SUBTITLE A--GRANTS, TRAINING, EXERCISES, AND COORDINATION
Section 1401. Urban Area Security Initiative
This section requires states to provide relevant high-risk
urban areas with an accounting of items and services purchased
with funds given to the state under the UASI within 90 days of
the use of the funds. This section also requires that a threat
and hazard identification risk assessment and capability
assessment be conducted as a prerequisite of receiving a grant
under this section.
Section 1402. State Homeland Security Grant Program
This section requires states participating in the SHSGP to
conduct and submit a risk assessment of threats and hazards,
including an assessment of capabilities to address the state's
risk. The period of performance for grant recipients under the
Program is established as no less than 36 months.
Section 1403. Grants to directly eligible tribes
This section requires that the Secretary makes the funds
available from grant awards to directly eligible tribes for a
period of at least 36 months.
Section 1404. Law enforcement terrorism prevention
Subsection (a) emphasizes the need for prioritization of
grants under the SHSGP and UASI that enhance law enforcement
terrorism prevention activities. Specifically, the Assistant
Secretary for State and Local Law Enforcement must work with
the FEMA Administrator to ensure that the 25 percent of grants
set aside for these law enforcement purposes are in fact
implemented to focus on such activities. To provide
accountability to Congress on these efforts, this section
requires the Administrator to report annually through FY 2022
on the use of grants for law enforcement prevention terrorism
prevention activities. Subsection (b) establishes that the
Office of State and Local Law Enforcement now exists within the
Office of Partnership and Engagement, as established in this
Act.
Section 1405. Prioritization
This section provides clarification to states and high-risk
urban areas applying for grants under the UASI or the SHSGP.
Applicants must use the population data requested as a
consideration in its risk formula and assessment, including in
accounting for population categories such as tourists,
commuters, and military personnel. The FEMA Administrator is
also directed to consider threat information from other
relevant Federal agencies and field offices besides DHS as a
consideration when allocating grants.
Section 1406. Allowable uses
This section expands the scope in which funds may be used
by recipients of grants under the SHSGP and the UASI to include
enhancing medical preparedness or cybersecurity. Grant
recipients' expenditures on communications are also required to
align with the Statewide Communication Interoperability Plan
and coordinate with the appropriate interoperability governance
body for their State.
Section 1407. Approval of certain equipment
This section requires the FEMA Administrator to establish
and implement a review process for examining applications
submitted under the SHSGP or UASI to use grants to purchase
equipment or systems that do not meet national voluntary
consensus standards, as established in Section 747 of title 6,
United States Code. The review process should consider any use
of the proposed system by Federal agencies and the nature of
the ability of the system to fill a critical capability gap for
the applicant. Within three years of enactment of this Act, the
DHS Inspector General must submit to the House Committee on
Homeland Security and the Senate Committee on Homeland Security
and Governmental Affairs a report assessing implementation of
this review process.
Section 1408. Authority for explosive ordnance disposal units to
acquire new or emerging technologies and capabilities
This section authorizes the Secretary to grant an explosive
ordnance disposal unit the authority to acquire technologies
and capabilities that are not specified in the unit's
authorized equipment allowance.
Section 1409. Memoranda of understanding
This section requires the FEMA Administrator to enter into
a memorandum of understanding with certain Department component
leadership to outline responsibilities regarding policy and
guidance for grant decisions. This will ensure that appropriate
subject matter expertise from the components is integrated into
management and guidance relating to the SHSGP, UASI, Port
Security Grant Program, and Transit Security Grant Program.
Section 1410. Grants metrics
This section requires the Administrator of FEMA to assess
the impact of funds allocation and supported activities under
the SHSGP and UASI have been used effectively to close
capability gaps. The Administrator shall use information from
the States and high-risk urban areas provided in their Threat
and Hazard Identification and Risk Assessments and State
Preparedness Reports (now known as the Stakeholder Preparedness
Review by FEMA) to conduct the assessment. FEMA must provide an
assessment of the data to Congress, which must include a
comparison and assessment of the value of successive State
Preparedness Reports and Hazard Identification and Risk
Assessments. The DHS Inspector General must report to Congress
with an evaluation of FEMA's assessment.
Section 1411. Grant management best practices
This section requires the Administrator of FEMA to post
information on the Agency's website with a summary of findings
of areas identified by the DHS OIG for improvement and methods
to address the shortcomings found in grant audits. FEMA shall
also make public information on innovative approaches and
projects used by grant recipients from the SHSGP and UASI.
Section 1412. Prohibition on consolidation
This section mandates that the Secretary of DHS must
receive authorization from Congress before implementing the
National Preparedness Grant Program or any successor
consolidated grant program. DHS is also required to conduct a
study to determine any efficiencies and effectiveness a
consolidated grant program would provide.
Section 1413. Maintenance of grant investments
This section requires grant applicants under the SHSGP or
the UASI to develop a plan for the maintenance of any equipment
purchased with grant funds.
Section 1414. Transit Security Grant Program
This section permits grant recipients under the Transit
Security Grant Program to use funds to pay for backfill when
personnel are sent to security training for a period of at
least 36 months.
Section 1415. Port Security Grant Program
This section requires the Secretary to provide funding for
the Port Security Grant Program's period of performance for at
least 36 months.
Section 1416. Cyber preparedness
This section enhances information sharing that will
contribute to management of cybersecurity risk by non-Federal
government entities. The DHS National Cybersecurity and
Communications Integration Center is required to share
information and analysis of cybersecurity threats,
vulnerabilities, and defense measures with State, local and
regional fusion centers. DHS must share this information in a
timely manner and in an unclassified form, whenever
appropriate.
Section 1417. Operation Stonegarden
This section establishes ``Operation Stonegarden,'' a DHS
program to award grants for law enforcement agencies to enhance
border security. The grant may be used to support equipment
acquisition and maintenance, personnel, and border security
activities. The Administrator must collect and maintain
information on the Operation Stonegarden grants and establish
guidelines for oversight of the program. The Administrator must
also develop guidelines for financial review of the grants.
The Administrator shall, in coordination with CBP, report
at least annually from FY 2018 to FY 2022 to Congress on the
expenditure of grants made under Operation Stonegarden. Each
report must include information on how each grant recipient
expended the funds and a list of all operations carried out
using Operation Stonegarden grants.
Section 1418. Non-Profit Security Grant Program
This section establishes the DHS ``Non-Profit Security
Grant Program'' to award grants for eligible non-profit
organizations to make security enhancements to protect against
terrorist attacks. Eligibility for non-profit organizations is
dependent upon the FEMA Administrator determining the
organization to be at risk of a terrorist attack. The
Administrator shall ensure that no less than 30% of the total
funds appropriated under the Program are used for grants for
eligible nonprofit organizations. The period of performance for
this grant program is established as not less than 36 months.
Section 1419. Study of the use of grant funds for cybersecurity
This section requires the Comptroller General to determine
how grant funds under the SHSGP and UASI are used in
preparation for and response to cybersecurity risks and
incidents. The study must include information on obstacles and
challenges in using grant funds for cybersecurity enhancement
and any future plans for grant funds to support cybersecurity
capabilities.
Section 1420. Joint counterterrorism awareness workshop series
This section requires the Secretary, in coordination with
the Director of National Counterterrorism Center and the
Director of the Federal Bureau of Investigation, to establish a
Counterterrorism Awareness Workshop Series to address emerging
terrorist threats and help state and locals prevent and react
to terrorist attacks. The workshop series shall review existing
response and interdiction plans related to terrorist attacks
and identify any gaps in such plans. The series must seek to
improve situational awareness and information sharing, and to
provide training and exercise in the event of an attack. The
officials who participate in the series must submit a report
after the conclusion of the series that addresses key findings
and potential mitigation strategies to address gaps that were
identified. This section authorizes $1,000,000 in
appropriations for each of fiscal years 2018 through 2022.
Section 1421. Exercise on terrorist and foreign fighter travel;
national exercise program
The Secretary shall develop and conduct an exercise to test
capabilities and responsiveness to the terrorist and foreign
fighter threat. The exercise shall include a scenario involving
persons traveling to the United States to join a terrorist
organization or terrorists infiltrating into the United States,
and the exercise must include coordination with relevant
Federal agencies and other key stakeholders. The Emerging
Threats in the National Exercise Program will include exercises
addressing emerging terrorist threats. No additional funds are
authorized to carry out the requirements of this section.
Section 1422. Grants accountability
This section permits the Inspector General, in his or her
oversight of grants provided by the Department, to examine any
records of its subcontractors or any agency in receipt of any
grant awarded. The Inspector General may also interview any
employee of the grantee regarding transactions relating to the
contract. The Administrator or the Secretary shall provide a
user-friendly means for grant recipients to comply with all
reporting requirements. Five years after the date on which
grants funds are distributed under a covered grant, the
authority of a covered grant recipient is terminated. Upon the
termination of this authority, any grant amounts that have not
been expended shall return to the Administrator.
SUBTITLE B--COMMUNICATIONS
Section 1431. Responsibilities of Assistant Director for Emergency
Communications
This section makes technical amendments to the
responsibilities of the Assistant Director for Emergency
Communications. It also expands the responsibilities of the
Director to include assessing the impact of emerging
technologies on interoperable emergency communications.
Section 1432. Annual reporting on activities of the Emergency
Communications Division
This section requires the Assistant Director for Emergency
Communications to report annually to Congress on the activities
of the Office, including on outreach efforts to State,
regional, local and tribal governments. Outreach efforts by the
Emergency Communications Division to support interoperable
communications by local governments and public safety agencies.
Section 1433. National Emergency Communications Plan
This section requires the DHS Secretary in conjunction with
the Director for Emergency Communications, to update the
National Emergency Communications Plan at least every five
years. DHS shall also, in its updates of the Communications
Plan, consider the impact of emerging technologies on the
ability to achieve emergency communication interoperability.
Section 1434. Technical edit
This section makes a technical correction to the Emergency
Communications Title of the Homeland Security Act of 2002.
Section 1435. Communications training
This section requires the USM of DHS to develop a mechanism
to verify that radio users within the Department receive
initial and ongoing training on the use of the radio systems.
SUBTITLE C--OTHER MATTERS
Section 1451. Technical and conforming amendments
This section makes technical amendments to the Homeland
Security Act of 2002 regarding the content of Title IV of this
Act. The section also defines the term ``Nuclear Incident
Response Team.''
Title V--Federal Emergency Management Agency
Section 1501. Short title
This section states that this division may be cited as the
``FEMA Reauthorization Act of 2018.''
Section 1502. Reauthorization of Federal Emergency Management Agency
This section authorizes appropriations for FEMA as follows:
$1,049,000,000 for FY 2018; $1,065,784,000 for FY 2019; and
$1,082,836,544 for FY 2020.
Section 1503. National Domestic Preparedness Consortium
This section authorizes the NDPC, as established under FEMA
in Section 1102 of title 6, United States Code, to facilitate
visibility, creation, validation, and delivery of training to
emergency response providers. The Consortium is required to
ensure whenever possible that the training it provides for
emergency responders simulate real response environments. For
the Center for Domestic Preparedness, this section authorizes
the following appropriations: $63,939,000 for FY 2018;
$64,962,024 for FY 2019; and $66,001,416 for FY 2020. For the
members of the Consortium, as established in Section 1102 of
title 6, United States Code, this section authorizes the
following appropriations: $101,000,000 for FY 2018;
$102,606,000 for FY 2019; and $104,247,856 for FY 2020. This
section also amends the savings provision in statute for the
Department to protect emergency preparedness spending for five
of the seven Consortium members, requiring the Secretary to
ensure that future amounts provided to these entities meet or
exceed their provisions in FY 2015.
Section 1504. Rural Domestic Preparedness Consortium
This section authorizes FEMA's Rural Domestic Preparedness
Consortium, which consists of universities and non-profit
organizations qualified to train emergency response providers
in rural communities. The Rural Domestic Preparedness
Consortium develops, tests, and provides training for emergency
response providers of rural communities. This section
authorizes the Consortium $5,000,000 of any appropriations for
Continuing Training Grants.
Section 1505. Center for Faith-Based and Neighborhood Partnerships
This section codifies the Center for Faith-Based and
Neighborhood Partnerships. The Center leads outreach efforts
between faith-based and community organizations and DHS
security and emergency response efforts. The Director of the
Center, appointed by the Secretary of DHS, is responsible for
developing exercises and providing guidance to engage faith-
based and community organizations in enhancing their hazard and
emergency response capabilities, including in how to secure
their facilities and in combating human trafficking.
Section 1506. Emergency support functions
This section enhances readiness and accountability in the
development and implementation of the National Response
Framework. FEMA must update the National Response Framework, as
required in Section 314 of title 6, United States Code, at
least every five years. Additionally, the President is required
to work through the Administrator of FEMA to establish
performance metrics for Federal entities with key
responsibilities under the Framework's emergency support
functions.
Section 1507. Review of National Incident Management System
This section amends the requirement for the FEMA
Administrator to ``periodically'' review the National Incident
Management System, pursuant to Section 314 of title 6, United
States Code, by mandating a review be conducted no less than
every five years. This will help ensure consistent review by
leadership and stakeholders as well as help ensure readiness of
national emergency response capabilities.
Section 1508. Remedial action management program
This section requires the FEMA Administrator to coordinate
with the National Council on Disability and the National
Advisory Council to establish a remedial action management
program. The FEMA Administrator is required to work with other
Federal agencies to use the program to learn from corrective
actions identified during exercises or real-world events
responding to natural or man-made disasters or emergency
situations, including terrorism response. FEMA is required to
report annually for five years on Federal agency corrective
actions and their progress. FEMA must also, whenever possible,
provide participants in simulated or real-world emergency
responses after-action reports highlighting lessons learned and
corrective actions.
Section 1509. Center for Domestic Preparedness
This section requires FEMA to develop an implementation
plan to address findings from the 2017 Management Review Team's
report on live agent training at the Chemical, Ordnance,
Biological, and Radiological Training Facility at the Center
for Domestic Preparedness. The review examined the
circumstances surrounding the discovery that the training
facility was unknowingly using a highly toxic strain of ricin,
ricin holotoxin, rather than the less toxic strain, ricin A-
chain, it had intended to use for training. The Administrator
must provide Congress updates with information on the plan's
implementation efforts to address the Management Review Team's
recommendations to prevent such an incident from occurring in
the future.
Section 1510. FEMA Senior Law Enforcement Advisor
This section codifies the position of Senior Law
Enforcement Advisor at FEMA, which shall be appointed by the
FEMA Administrator and serve as an expert advisor to strengthen
FEMA's coordination with law enforcement entities. The section
mandates that the Advisor possess requisite qualifying
experience in law enforcement, intelligence, information
sharing, and emergency response. The Advisor's responsibilities
include coordinating with and ensuring adequate consideration
of state, local, and tribal law enforcement in efforts to
protect against and respond to natural and man-made disasters
and acts of terrorism.
Section 1511. Technical expert authorized
This section codifies FEMA's Children's Technical Expert,
responsible for understanding and integrating the needs of
children into FEMA's emergency response activities. This
expert, appointed by the Administrator of FEMA, shall ensure
adequate representation and consideration of the unique needs
of children in Agency initiatives, consistent with the
requirement for the Department Office of Strategy, Policy, and
Plans to consider children's needs established in Section 1120
of this Act.
Section 1512. Mission support
This section requires the Administrator of FEMA to
designate a chief management official to serve as the principal
advisor to the Administrator on management issues and
activities, including emergency management operations and
programs. The chief management official shall support the
Administrator's management of five management lines of
business: procurement, human resources, information technology
and communications, real property, and security. In this role,
the chief management official shall assist in development and
implementation of management controls to enhance oversight and
improve operations of FEMA. This section also clarifies that
the roles of the chief management official in no way affect the
responsibilities of the Assistant Administrator for National
Continuity Programs if the issues relate to weather emergency
operations-affiliated facilities. The Administrator is also
required to report to Congress within 270 of enactment of this
Act with a review of key management functions of the FEMA
headquarters and regional offices as well as a strategy to
capture data related to the management functions.
Section 1513. Strategic human capital plan
This section reinstates a requirement from the Post Katrina
Emergency Management Reform Act of 2006 (5 U.S.C. 10102(c))
that required the Administrator of FEMA to develop and submit
to Congress a strategic human capital plan for improving FEMA's
workforce. The plan must include a workforce gap analysis
assessing required and current competencies, a plan of action
for addressing any gaps in critical skills, performance
metrics, and an assessment of the Agency's Surge Capacity Force
workforce. The report is due no later than May 1, 2018, and
resubmitted annually for the subsequent five years with updates
on implementation status.
Section 1514. Office of Disability Integration and Coordination of
Department of Homeland Security
This section codifies the Office of Disability Integration
and Coordination (ODIC) within FEMA, which is responsible for
ensuring integration of needs of and communication with
individuals with disabilities and any special access or
functional needs into emergency management activities. The
Office shall have a Director, responsible for establishing
guidance on matters related to individuals with disabilities in
emergency planning and response efforts and overseeing
integration of the Office's mission across the FEMA regional
offices. The Director must also coordinate with key
stakeholders, including organizations representing individuals
with disabilities, to collaborate on issues regarding access
and functional needs during emergencies and integrate them in
Agency emergency response planning and activities. The
Administrator of FEMA shall submit a report to Congress within
120 days of enactment of this Act regarding the funding and
staffing needs of the ODIC.
Section 1515. Management costs
This section establishes fixed rates for the FEMA
Administrator to reimburse states and local governments to
cover both direct and indirect costs of administrating the
disaster recovery projects. Reimbursement under hazard
mitigation (Section 403 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act) is set as no more than 15
percent of the total amount of the grant award. Reimbursement
under essential assistance, repair and replacement of damaged
facilities, debris removal, or transportation assistance
(Sections 403, 406, 407, and 507 of the Stafford Act,
respectively) will not total more than 12 percent of the total
award.
Section 1516. Performance of services
The FEMA Administrator may appoint temporary personnel who
have served continuously for three years to positions in FEMA
in the same manner as competitive service employees. If
appointed under this subsection, a person shall become a
career-conditional employee.
Section 1517. Study to streamline and consolidate information
collection
The FEMA Administrator shall conduct a study and develop a
plan with the goal of making the collection of information from
disaster assistance application and grantees more streamlined,
efficient, and less duplicative. FEMA shall coordinate with the
Small Business Administration and the Department of Housing and
Urban Development to develop and provide to Congress a plan to
regularly collect and report on information on Federal disaster
assistance awarded.
Section 1518. Agency accountability
This section enhances the transparency and accountability
of disaster relief resource allocation. The FEMA Administrator
must publish on FEMA's website specifics of any public
assistance grant award, and mission assignment regarding a
major disaster, or any contract amounting to over $1,000,000.
The information provided in these reports will provide public
visibility on the nature and impact of spending on disaster
relief efforts. The Administrator shall also publish a monthly
disaster relief report with information regarding resources
used in support of disaster relief, including the amount of
obligations for non-catastrophic events, as well as a
description of FEMA's methodology in development of the report.
Section 1519. National public infrastructure predisaster hazard
mitigation
This section expands the scope of the President's ability
to use funds from the National Predisaster Mitigation Fund to
include carrying out enforcement activities to implement the
latest standards for design, construction, and maintenance of
eligible residential facilities. The President is also
permitted to withdraw amounts of financial assistance made
available to a state that remain unobligated three years after
funds were initially allocated. To be eligible for this
financial assistance from the President, states must have
received a major disaster declaration during the previous
seven-year period. This section also allows the President to
set aside an additional investment of up to six percent of the
estimated aggregate of specified assistance grants to provide
technical and financial assistance for national public
infrastructure predisaster mitigation.
The Administrator must also submit a report to Congress
detailing the implications of the above additional use of the
National Predisaster Fund and the redistribution of unobligated
state funds. The report must include a justification, cost-
benefit analysis, and assessment of the stress placed on the
Disaster Relief Fund by the extra spending. In addition, the
report must provide an expenditure plan and an assessment of
how to allocate the funds to mitigate risks to the most costly
disaster impacts.
Section 1520. Technical amendments to national emergency management
This section makes a number of technical changes to the
Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) in
language regarding the functions, responsibilities, and
requirements of FEMA and related activities for emergency
management. Subsection (a)(3) amends language about types of
disasters to which FEMA responds to include incidents that
impact critical infrastructure. This subsection also adds a
requirement for the FEMA Administrator to develop integrated
frameworks that incorporate existing Government plans
addressing various aspects of emergency planning and response.
Section 1521. Integrated public alert and warning system subcommittee
This section adds to the list of recommendations made by
the Integrated Public Alert Subcommittee of the National
Advisory council to include recommendations for best practices
of State, tribal, and local government officials to
authenticate civil emergencies and initiate, modify, and cancel
alerts. It also requires the Subcommittee to submit a second
report to Congress detailing the recommendations described
above. The termination of the Subcommittee is amended to five
years after enactment, instead of three.
The Administrator shall consider the Subcommittee
recommendations and establish minimum requirements for State,
tribal, and local government participation in the Integrated
Public Alert and Warning System. The Administrator must also
establish a process to ensure the incident management and
warning tools used by those governments meet the established
minimum requirements. In addition, the Administrator must
ensure that the memoranda of understanding between the Agency
and those governments ensure compliance with the minimum
requirements.
This section also places the authority to use the public
alert and warning system to warn the public of a missile launch
with the Federal Government, but allows the Secretary to
delegate that authority to a State, tribal, or local entity
after submitting a report to Congress explaining that the
delegation is either more feasible or in the national security
interest. The section also authorizes the President, upon
verification of a missile threat, to alert the public of the
threat.
The Secretary is also required to establish a process to
notify a State warning point of follow-up actions to a missile
launch alert and work with the Governor of a State warning
point to implement responsive action plans. The Secretary shall
also report to Congress on the feasibility of establishing an
alert designation that would concurrently alert the public and
a State warning point of a missile threat. No later than one
year after enactment, the Administrator must review the
Emergency Operations Center of the Agency, the National Watch
Center, and each Regional Watch Center of the Agency, and
submit a report to Congress.
This section also provides a definition for ``public alert
and warning system.''
Title VI--Cybersecurity and Infrastructure
Section 1601. Cybersecurity and Infrastructure Security Agency
This section renames and reorganizes the DHS National
Protection and Programs Directorate to be the new CISA, headed
by a Director of Cybersecurity and Infrastructure Security.
This section establishes the roles and responsibilities of
CISA's leadership as well as the functions and responsibilities
of CISA's three divisions: the Cybersecurity Division, the
Infrastructure Security Division, and the Emergency
Communications Division.
The CISA Director is responsible for leading cybersecurity
and critical infrastructure protection operations and policy
for the CISA and coordinating with appropriate stakeholders to
carry out the CISA's mission. A Deputy Director of
Cybersecurity and Infrastructure Security shall assist the
Director in management of the CISA's duties and activities.
This section empowers the DHS Secretary to receive and analyze
law enforcement information and intelligence from government
and private sector entities to assess threats against and
vulnerabilities of the United States homeland. The Secretary
may, after notifying Congress, reallocate the functions
established for CISA in this title.
This section also establishes several reporting
requirements to enhance congressional oversight of the newly-
established CISA. CISA must report to Congress on its
activities and the improved operations of the functions
previously established for the National Protection and Program
Directorate after being reorganized under the CISA. CISA must
also report annually to Congress on threats and activities
relating to electromagnetic pulses and geomagnetic
disturbances, and the DHS cybersecurity workforce.
Section 1602. Transfer of other entities
This section transfers the Office of Biometric Identity
Management under the Department's Management Directorate.
Within 90 days of GAO completing its review of the Federal
Protective Service's organization placement, The DHS Secretary
must submit to Congress and the Office of Management and Budget
a recommendation regarding an appropriate placement in the
executive branch for the Federal Protective Service.
Section 1603. DHS report on cloud-based cybersecurity
This section requires DHS to coordinate with the Office of
Management and Budget and GSA to create and submit to Congress
a report on the Department's role in cloud-based cybersecurity
deployments for civilian Federal departments and agencies. This
report will include information on the Department's plan for
offering software-based Security Operations Center as a service
(SOC-as-a-Service) capabilities. DHS must also discuss how the
Department will adapt capabilities of its key cybersecurity
programs, including the CDM Program and the intrusion detection
and prevention system, to cloud environments.
Section 1604. Rule of construction
This section establishes that nothing within Title VI of
the Act may be construed as endowing the DHS Secretary with new
authorities or limiting the statutory authority of any other
Federal agency.
Section 1605. Prohibition on additional funding
This section states that no additional funds are authorized
for appropriation to carry out the provisions of this title in
establishing the CISA.
Title VII--Other Matters
SUBTITLE A--MISCELLANEOUS
Section 1701. Authorization of appropriations for Office of Inspector
General
This section authorizes an appropriation of $175 million to
the DHS OIG for each of FYs 2018 and 2019.
Section 1702. Canine teams
This section authorizes DHS components to request
additional canine teams for the drug detection mission at the
border if needed.
Section 1703. Report on resource requirements to respond to
congressional requests
This section requires the DHS Secretary to report annually
to Congress on requests made by Congress to the Department over
the preceding five fiscal years. The report shall include
information such as numbers of requests, breakdowns of requests
by Congressional entity, and information on requests for
duplicative briefings. The report must also include the number
of written testimony and reports the Department had to prepare,
a list of congressional document requests and subpoenas, a list
of congressional questions for the record, and a list of
congressional letter requests for information. DHS must submit
this report to Congress for the next five years after passage
of the Act.
Section 1704. Report on cooperation with the People's Republic of China
to combat illicit opioid shipments
This section requires the DHS Secretary to submit a report
to Congress on the current and future plans to work with
Chinese government to reduce the flow of opioids from China to
America. The report must be delivered within 90 days after the
enactment of this Act.
SUBTITLE B--COMMISSION TO REVIEW THE CONGRESSIONAL OVERSIGHT OF THE
DEPARTMENT OF HOMELAND SECURITY
Section 1711. Short title
This section establishes that this subtitle may be cited as
the ``Congressional Commission to Review the Congressional
Oversight of the Department of Homeland Security Act of 2018.''
Section 1712. Establishment
This section establishes a legislative branch commission
called the ``Congressional Commission to Review Congressional
Oversight of the Department of Homeland Security.''
Section 1713. Members of the Commission
This section establishes the membership composition of the
Commission to be six members appointed within 45 days of
enactment of this Act: two appointed by the Senate majority,
two by the Senate minority, and one each by the House majority
and minority. Commission members shall have expertise in
homeland security and have prior senior leadership experience
in the executive or legislative branches. Each member shall be
appointed for the duration of the Commission, and shall not
receive compensation. The appropriate Federal agencies shall
cooperate with the Commission to expedite providing the members
appropriate security clearances to the extent possible.
Sec 1714. Duties of the Commission
This section outlines the Commission's duties. The
Commission shall conduct a comprehensive study of the
Department of Homeland Security, to include congressional
oversight of the Department, in order to make recommendations
on how committee jurisdictions in Congress could be modified to
promote the mission of the agency and more effective oversight.
If at least four members of the Commission vote in approval,
the Commission shall submit to the President and Congress a
statements of its findings based on the study as well as
recommendations for legislation to remedy the issues presented.
Section 1715. Operation and powers of the Commission
This section requires the heads of relevant executive
branch agencies must consult with the Commission on matters
within their respective areas of responsibility. The Commission
shall meet within 30 days after the date on which the majority
of the members are appointed and at the call of the
chairperson. This section also requires the chairperson and
vice chairperson to establish written rules of procedure, hold
hearings, and may contract with government and private agencies
for any purpose necessary to carry out its mission.
Sec 1716. Funding
This section permits the chairperson of the Commission to
receive a transfer from the Department of up to $1,000,000 to
carry out its duties. The amounts transferred shall remain
available until the Commission is terminated.
Sec 1717. Personnel
This section requires the designation of an Executive
Director for the Congressional Commission to Review
Congressional Oversight of the Department of Homeland Security.
The Executive Director shall be appointed by the chairperson
and the vice chairperson and may appoint additional staff as
they consider appropriate. Additionally, this section
authorizes any Federal Government employee may be detailed to
the Commission.
Sec 1718. Termination
This section establishes the termination date of the
Congressional Commission to Review Congressional Oversight of
the Department of Homeland Security to be not later than 12
months after the date of enactment of this Act.
SUBTITLE C--TECHNICAL AND CONFORMING AMENDMENTS
Section 1731. Technical amendments to the Homeland Security Act of 2002
This section makes technical amendments to the Homeland
Security Act of 2002 to integrate changes from this title.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this Act and determined
that the Act will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the Act contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 26, 2018.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2825, the DHS
Authorization Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 2825--DHS Authorization Act
Summary: H.R. 2825 would authorize the appropriation of
nearly $2.7 billion over the 2019-2023 period for programs in
the Department of Homeland Security (DHS), mostly for
activities carried out by the Federal Emergency Management
Agency (FEMA). In addition, CBO estimates, the act would
effectively authorize the appropriation of about $1.2 billion
over the five-year period, mostly for other FEMA programs.
Assuming appropriation of the authorized and estimated
amounts, CBO estimates that implementing H.R. 2825 would cost
about $3.2 billion over the 2019-2023 period. Enacting the
legislation would affect direct spending; therefore, pay-as-
you-go procedures apply. However, we estimate that those
effects would be insignificant in each year. The act would not
affect revenues.
CBO estimates that enacting H.R. 2825 would not
significantly increase net direct spending or on-budget
deficits in any of the four consecutive 10-year periods
beginning in 2029.
H.R. 2825 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 2825 is shown in the following table.
The costs of the legislation fall within budget functions 450
(community and regional development), 500 (education, training,
employment, and social services), and 750 (administration of
justice).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------
2018 2019 2020 2021 2022 2023 2019-2023
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
FEMA Programs:
Authorization Level........................... 1,215 1,235 1,254 1 1 0 2,491
Estimated Outlays............................. 0 652 1,008 492 182 73 2,407
DHS Inspector General:
Authorization Level........................... 175 175 0 0 0 0 175
Estimated Outlays............................. 0 158 18 0 0 0 175
Congressional Commission:
Estimated Authorization Level................. 0 1 0 0 0 0 1
Estimated Outlays............................. 0 1 0 0 0 0 1
Other FEMA Programs:
Estimated Authorization Level................. 0 192 196 200 205 209 1,002
Estimated Outlays............................. 0 13 42 82 128 173 438
FEMA Predisaster Hazard Mitigation Program:
Estimated Authorization Level................. 0 120 24 24 24 24 216
Estimated Outlays............................. 0 6 25 54 40 32 157
Reports:
Estimated Authorization Level................. 0 9 3 3 3 3 20
Estimated Outlays............................. 0 8 3 3 3 3 20
Total Changes:
Estimated Authorization Level............. 1,390 1,732 1,477 228 233 236 3,906
Estimated Outlays......................... 0 838 1,097 631 352 281 3,199
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; DHS = Department of Homeland Security; FEMA = Federal
Emergency Management Agency.
The act would authorize the appropriation of $1,390 million for 2018. CBO does not estimate any outlays for
those authorizations because appropriations for 2018 have already been provided.
CBO estimates that enacting H.R. 2825 would increase direct spending by less than $500,000 over the 2019-2028
period.
Basis of estimate: For this estimate, CBO assumes that H.R.
2825 will be enacted near the end of fiscal year 2018. H.R.
2825 would authorize appropriations totaling $1.39 billion for
fiscal year 2018. CBO does not estimate outlays for the 2018
authorizations because appropriations for 2018 have already
been provided.
CBO estimates that implementing H.R. 2825 would cost about
$3.2 billion over the 2019-2023 period. For this estimate, CBO
assumes that the authorized and estimated amounts will be
provided each year beginning in 2019 and that spending will
follow historical patterns.
Programs with specified authorizations
H.R. 2825 would authorize the appropriation of nearly $2.7
billion over the 2019-2023 period for programs in DHS, mostly
for activities carried out by FEMA.
FEMA Programs. Titles V and VI of H.R. 2825 would authorize
a total of about $2.5 billion in fiscal years 2019 and 2020 for
the management and administration of FEMA.
The legislation would specifically authorize the following
annual appropriations:
About $1.1 billion through 2020 for overall
FEMA management and administration,
About $165 million through 2020 in grants to
the National Domestic Preparedness Consortium, and
$1 million through 2022 for a joint
counterterrorism awareness workshop.
CBO estimates that implementing those provisions would cost
about $2.4 billion over the 2019-2023 period.
DHS Inspector General. H.R. 2825 would authorize the
appropriation of $175 million for fiscal year 2019 for the DHS
Office of Inspector General. CBO estimates that implementing
the provision would cost $175 million over the 2019-2020
period.
Congressional Commission. H.R. 2825 would authorize the
appropriation of $1 million for a commission to review
Congressional oversight of DHS; the commission would terminate
within one year of enactment of the legislation. Because the
legislation does not specify a schedule for the authorization,
CBO assumes that the funding will be provided in fiscal year
2019. CBO estimates that implementing the provision would cost
$1 million that year.
Other programs
CBO estimates that carrying out the other activities
described below would require appropriations of about $1.2
billion over the 2019-2023 period.
Other FEMA Programs. H.R. 2825 would strike provisions of
current law that authorize appropriations for Transit Security
Grants through 2011 and for Port Security Grants through 2013.
Although those authorizations have expired, the programs
received funds in 2018. The legislation would not change the
nature of those programs' responsibilities. By striking the
expired authorization but leaving the underlying programs in
place, the legislation would effectively permanently authorize
those programs. Using information from FEMA on current program
funding and accounting for anticipated inflation, CBO estimates
implementing H.R. 2825 would authorize appropriations for FEMA
over the 2019-2023 period as follows:
$469 million for the Transit Security Grant
Program, and
$533 million for the Port Security Grant
Program.
CBO estimates that implementing those provisions would cost
$438 million over the 2019-2023 period and $564 million after
2023.
FEMA Predisaster Mitigation Fund. H.R. 2825 would create
the National Public Infrastructure Predisaster Mitigation Fund.
For each major disaster declared after August 1, 2017, an
amount equal to 6 percent of the total estimated funding FEMA
expects to provide for certain disaster response grants would
be transferred into the proposed fund from amounts in the
Disaster Relief Fund. The new fund would be used to provide
technical and financial assistance to states and localities for
hazard mitigation designed to reduce injury, loss of life, and
damage and destruction of property. Amounts in the fund could
be spent without further appropriation.
After enactment, CBO estimates, about $120 million--6
percent of the estimated $2 billion in relevant disaster
response grants expected to be made for disasters declared
after August 1, 2017--would be transferred to the proposed fund
in 2019. In recent years, FEMA has been provided an average of
$400 million a year for the relevant disaster response grants.
Assuming that the Congress provides similar amounts in
subsequent years, CBO estimates that $24 million (6 percent of
$400 million) would be transferred to the fund each year.
Because the provision does not change any underlying
authority to provide disaster relief, in CBO's view the
legislation implicitly authorizes the appropriation of amounts
equal to the amounts that would be transferred from the
Disaster Relief Fund to the Predisaster Mitigation Fund. Thus,
on the basis of historical spending patterns, CBO estimates
that spending under this section would total $157 million over
the 2019-2023 period and $59 million after 2023.
Reports and Reviews. H.R. 2825 would require DHS and the
Government Accountability Office to prepare about 45 program
reviews or reports (some annually) on various topics within the
department's purview. Based on the cost of similar activities,
CBO estimates that it would cost about $20 million over the
2019-2023 period to prepare those reports and reviews.
Pay-As-You-Go considerations: H.R. 2825 would increase
direct spending for additional workers' compensation claims
from private-sector employees working with DHS. The act would
allow certain private-sector employees who are injured in the
course of their work at the department to have related medical
expenses paid through the federal workers' compensation
program; such payments are considered mandatory spending. Based
on the projected number of affected private-sector employees
who will work with DHS, CBO estimates that the additional
liability will increase direct spending by $50,000 to $100,000
per year, starting in 2021, and by less than $500,000 over the
2019-2028 period.
The Statutory Pay-As-You-Go Act of 2010 establishes budget-
reporting and enforcement procedures for legislation affecting
direct spending or revenues. CBO estimates that enacting H.R.
2825 would have no significant effect on direct spending in any
year. The bill would not affect revenues.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 2825 would not significantly
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2029.
Mandates: H.R. 2825 contains no intergovernmental or
private-sector mandates as defined in UMRA.
Previous CBO estimate: On July 20, 2017, CBO transmitted a
cost estimate for H.R. 2825, the DHS Authorization Act of 2017,
as reported by the House Committee on Homeland Security on June
28, 2017. CBO estimated that implementing that version of the
legislation would cost $5.6 billion over the 2018-2022 period,
assuming appropriation of the necessary amounts. The
differences in the cost estimates are attributable to
differences in provisions, differences in CBO's assumptions
about the enactment date for each version of the legislation,
and the fact that appropriations for 2018 have already been
provided.
Estimate prepared by: Federal costs: Robert Reese (FEMA);
Mark Grabowicz (all Other DHS); Meredith Decker (workers'
compensation); Mandates: Andrew Laughlin.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
VII. Changes in Existing Law Made by the Act, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows: (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002.''
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. * * *
* * * * * * *
TITLE I--DEPARTMENT OF HOMELAND SECURITY
* * * * * * *
Sec. 104. Insider Threat Program.
[TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION]
TITLE II--INFORMATION ANALYSIS
[Subtitle A--Information and Analysis and Infrastructure Protection;
Access to Information]
Subtitle A--Information and Analysis; Access to Information
[Sec. 201. Information and Analysis and Infrastructure Protection.]
Sec. 201. Information and analysis.
* * * * * * *
[Sec. 210A. Department of Homeland Security State, Local, and Regional
Information Fusion Center Initiative.]
Sec. 210A. Department of Homeland Security Fusion Center Partnership
Initiative.
* * * * * * *
[Sec. 210E. National Asset Database.]
Sec. 210E. Classified Information Advisory Officer.
[Sec. 210F. Classified Information Advisory Officer.]
Sec. 210F. Homeland intelligence doctrine.
Sec. 210G. Homeland terrorist threat assessments.
Sec. 210H. Report on terrorism prevention activities.
Sec. 210I. Departmental coordination to counter threats.
Sec. 210J. Chemical, biological, radiological, and nuclear intelligence
and information sharing.
[Subtitle B--Critical Infrastructure Information]
[Sec. 211. Short title.]
[Sec. 212. Definitions.]
[Sec. 213. Designation of critical infrastructure protection program.]
[Sec. 214. Protection of voluntarily shared critical infrastructure
information.]
[Sec. 215. No private right of action.]
[Subtitle C--Information Security]
Subtitle B--Information Security
Sec. 221. * * *
Sec. 222. * * *
[Sec. 223. Enhancement of Federal and non-Federal cybersecurity.]
[Sec. 224. Net guard.]
[Sec. 225. Cyber Security Enhancement Act of 2002.]
[Sec. 226. Cybersecurity recruitment and retention.]
[Sec. 227. National cybersecurity and communications integration
center.]
[Sec. 228. Cybersecurity plans.]
[Sec. 228A. Cybersecurity strategy.]
[Sec. 229. Clearances.]
[Sec. 230. Federal intrusion detection and prevention system.]
[Subtitle D--Office of Science and Technology]
Subtitle C--Office of Science and Technology
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
[Sec. 307. Homeland Security Advanced Research Projects Agency.]
Sec. 307. Office of the Chief Scientist.
* * * * * * *
[Sec. 317. Promoting antiterrorism through international cooperation
program.]
[Sec. 319. EMP and GMD mitigation research and development.]
[Sec. 318. Social media working group.]
[Sec. 319. Transparency in research and development.]
Sec. 317. Promoting antiterrorism through international cooperation
program.
Sec. 318. Social media working group.
Sec. 319. Transparency in research and development.
Sec. 320. EMP and GMD mitigation research and development.
Sec. 321. Canine detection research and development.
Sec. 322. Cybersecurity Research and Development.
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle C--Miscellaneous Provisions
* * * * * * *
[Sec. 431. Office of Cargo Security Policy.]
* * * * * * *
Subtitle F--General Immigration Provisions
* * * * * * *
[Sec. 475. Director of Shared Services.]
Sec. 476. * * *
Sec. 477. * * *
[Sec. 478. Immigration functions.]
Sec. 478. Annual report on immigration functions.
* * * * * * *
TITLE V--NATIONAL EMERGENCY MANAGEMENT
Sec. 501. * * *
[Sec. 502. Definition.]
* * * * * * *
[Sec. 513. Disability Coordinator.]
Sec. 513. Office of Disability Integration and Coordination.
Sec. 514. * * *
Sec. 515. * * *
[Sec. 516. Chief medical officer.]
* * * * * * *
[Sec. 524. Voluntary private sector preparedness accreditation and
certification program.]
* * * * * * *
Sec. 529. Joint Counterterrorism Awareness Workshop Series.
Sec. 530. Center for Faith-Based and Neighborhood Partnerships.
Sec. 531. Senior Law Enforcement Advisor.
* * * * * * *
TITLE VII--MANAGEMENT
* * * * * * *
[Sec. 705. Establishment of Officer for Civil Rights and Civil
Liberties.]
[Sec. 706. Consolidation and co-location of offices.]
[Sec. 707. Quadrennial Homeland Security Review.]
[Sec. 708. Joint Task Forces.]
[Sec. 709. Office of Strategy, Policy, and Plans.]
Sec. 705. Civil Rights and Civil Liberties.
Sec. 706. Quadrennial homeland security review.
Sec. 707. Joint task forces.
Sec. 708. Office of Strategy, Policy, and Plans.
Sec. 709. Chief Procurement Officer.
Sec. 710. Chief Security Officer.
Sec. 711. Annual submittal to Congress of information on reprogramming
or transfers of funds to respond to operational surges.
Sec. 712. Chief Facilities and Logistics Officer.
Sec. 713. Long term real property strategies.
Sec. 714. Workforce health and medical support.
Sec. 715. Employee Engagement and Retention Action Plan.
Sec. 716. Acquisition Authorities for Program Accountability and Risk
Management.
Sec. 717. Acquisition documentation.
Sec. 718. Acquisition innovation.
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle B--Inspector General
[Sec. 811. Authority of the Secretary.]
[Sec. 812. Law enforcement powers of Inspector General agents.]
Sec. 811. Law enforcement powers of Inspector General agents.
* * * * * * *
Subtitle D--Acquisitions
* * * * * * *
Sec. 836. Acquisition Review Board.
Sec. 837. Congressional notification and other requirements for major
acquisition program breach.
Sec. 838. Multiyear acquisition strategy.
Sec. 839. Acquisition policies and guidance.
Subtitle E--Human Resources Management
* * * * * * *
[Sec. 857. Review and report by Comptroller General.]
[Sec. 858. Identification of new entrants into the Federal marketplace.]
Sec. 857. Identification of new entrants into the Federal marketplace.
* * * * * * *
Subtitle H--Miscellaneous Provisions
Sec. 871. * * *
[Sec. 872. Reorganization.]\147\
\147\The bill as reported by the Committee retained a provision in H.R.
2825 as passed by the House of Representatives that would have
removed Section 872 of the Homeland Security Act of 2002. Retaining
this provision of the House bill was a drafting error by the
Committee that will be corrected before any action is taken by the
full Senate on the bill on the floor. The Chairman favors DHS
retaining its ability to reorganize under Section 872.
Sec. 873. * * *
[Sec. 874. Future Year Homeland Security Program.]
Sec. 874. Future Years Homeland Security Program.
* * * * * * *
[Sec. 878. Counternarcotics officer.]
[Sec. 879. Office of International Affairs.]
Sec. 880. Prohibition of the Terrorism Information and Prevention
System.
[Sec. 881. Review of pay and benefit plans.]
* * * * * * *
Sec. 890B. Department Leadership Councils.
* * * * * * *
TITLE XVIII--EMERGENCY COMMUNICATIONS
[Sec. 1801. Office for Emergency Communications.]
Sec. 1801. Emergency Communications Division.
* * * * * * *
[TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE]
TITLE XIX--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
Sec. 1900. Definitions.
[Sec. 1901. Domestic Nuclear Detection Office.]
Subtitle A--Countering Weapons of Mass Destruction Office
Sec. 1901. Countering Weapons of Mass Destruction Office.
[Sec. 1902. Mission of Office.]
[Sec. 1903. Hiring Authority.]
[Sec. 1904. Testing Authority.]
[Sec. 1905. Relationship to other Department entities and Federal
agencies.]
[Sec. 1906. Contracting and grant making authorities.]
[Sec. 1907. Joint annual interagency review of global nuclear detection
architecture.]
Subtitle B--Mission of the Office
Sec. 1921. Mission of the Office.
Sec. 1922. Relationship to other department entities and Federal
agencies.
Sec. 1923. Responsibilities.
Sec. 1924. Hiring authority.
Sec. 1925. Testing authority.
Sec. 1926. Contracting and grant making authorities.
Sec. 1927. Joint annual interagency review of global nuclear detection
architecture.
Subtitle C--Chief Medical Officer
Sec. 1931. Chief Medical Officer.
TITLE XX--HOMELAND SECURITY GRANTS
* * * * * * *
Sec. 2009. Operation Stonegarden.
Sec. 2010. Non-Profit Security Grant Program.
Subtitle B--Grants Administration
* * * * * * *
Sec. 2024. Memoranda of understanding with departmental components and
officer regarding the policy and guidance.
* * * * * * *
TITLE XXII--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY
Subtitle A--Cybersecurity and Infrastructure Security
Sec. 2201. Definitions.
Sec. 2202. Cybersecurity and Infrastructure Security Agency.
Sec. 2203. Cybersecurity Division.
Sec. 2204. Infrastructure Security Division.
Sec. 2205. Enhancement of Federal and non-Federal cybersecurity.
Sec. 2206. Net guard.
Sec. 2207. Cyber Security Enhancement Act of 2002.
Sec. 2208. Cybersecurity recruitment and retention.
Sec. 2209. National cybersecurity and communications integration center.
Sec. 2210. Cybersecurity plans.
Sec. 2211. Cybersecurity strategy.
Sec. 2212. Clearances.
Sec. 2213. Federal intrusion detection and prevention system.
Sec. 2214. National Asset Database.
Subtitle B--Critical Infrastructure Information
Sec. 2221. Short title.
Sec. 2222. Definitions.
Sec. 2223. Designation of critical infrastructure protection program.
Sec. 2224. Protection of voluntarily shared critical infrastructure
information.
Sec. 2225. No private right of action.
SEC. 2. DEFINITIONS.
In this chapter, the following definitions apply--
(1) The term ``acquisition'' has the meaning given
the term in section 131 of title 41, United States
Code.
(2) The term ``acquisition decision authority'' means
the authority held by the Secretary, acting through the
Under Secretary for Management, to--
(A) ensure compliance with Federal law, the
Federal Acquisition Regulation, and Department
acquisition management directives;
(B) review, including approving, pausing,
modifying, or canceling, an acquisition
throughout the life cycle of the acquisition;
(C) ensure that acquisition program managers
have the resources necessary to successfully
execute an approved acquisition program;
(D) ensure good acquisition program
management of cost, schedule, risk, and system
performance of the acquisition program at
issue, including assessing acquisition program
baseline breaches and directing any corrective
action for those breaches; and
(E) ensure that acquisition program managers,
on an ongoing basis, monitor cost, schedule,
and performance against established baselines
and use tools to assess risks to an acquisition
program at all phases of the life cycle of the
acquisition program to avoid and mitigate
acquisition program baseline breaches.
(3) The term ``acquisition decision event'' means,
with respect to an acquisition program, a predetermined
point within each of the acquisition phases at which
the person exercising the acquisition decision
authority determines whether the acquisition program
shall proceed to the next phase.
(4) The term ``acquisition decision memorandum''
means, with respect to an acquisition, the official
acquisition decision event record that includes a
documented record of decisions and assigned actions for
the acquisition, as determined by the person exercising
acquisition decision authority for the acquisition.
(5) The term ``acquisition program'' means the
totality of activities directed to accomplish specific
goals and objectives, which may--
(A) provide new or improved capabilities in
response to approved requirements or sustain
existing capabilities; and
(B) have multiple projects to obtain specific
capability requirements or capital assets.
(6) The term ``acquisition program baseline'', with
respect to an acquisition program, means a summary of
the cost, schedule, and performance parameters,
expressed in standard, measurable, quantitative terms,
which must be met in order to accomplish the goals of
the program.
[(1)](7) * * *
[(2)](8) * * *
[(3)](9) * * *
(10) The term ``best practices'', with respect to
acquisition, means a knowledge-based approach to
capability development that includes, at a minimum--
(A) identifying and validating needs;
(B) assessing alternatives to select the most
appropriate solution;
(C) establishing requirements;
(D) developing cost estimates and schedules
that consider the work necessary to develop,
plan, support, and install a program or
solution;
(E) identifying sources of funding that match
resources to requirements;
(F) demonstrating technology, design, and
manufacturing maturity;
(G) using milestones and exit criteria or
specific accomplishments that demonstrate
progress;
(H) adopting and executing standardized
processes with known success across programs;
(I) ensuring an adequate, well-trained, and
diverse workforce that is qualified and
sufficient in number to perform necessary
functions;
(J) developing innovative, effective, and
efficient processes and strategies;
(K) integrating risk management and
mitigation techniques for national security
considerations; and
(L) integrating the capabilities described in
subparagraphs (A) through (K) into the mission
and business operations of the Department.
(11) The term ``breach'' means a failure to meet any
cost, schedule, or performance threshold specified in
the most recently approved acquisition program
baseline.
(12) The term ``congressional homeland security
committees'' means--
(A) the Committee on Homeland Security of the
House of Representatives and the Committee on
Homeland Security and Governmental Affairs of
the Senate; and
(B) the Committee on Appropriations of the
House of Representatives and the Committee on
Appropriations of the Senate.
(13) The term ``Component Acquisition Executive''
means the senior acquisition official within a
component who is designated in writing by the Under
Secretary for Management, in consultation with the
component head, with authority and responsibility for
leading a process and staff to provide acquisition and
program management oversight, policy, and guidance to
ensure that statutory, regulatory, and higher level
policy requirements are fulfilled, including compliance
with Federal law, the Federal Acquisition Regulation,
and Department acquisition management directives
established by the Under Secretary for Management.
(14) The term ``cost-type contract'' means a contract
that--
(A) provides for payment of allowable
incurred costs, to the extent prescribed in the
contract; and
(B) establishes an estimate of total cost for
the purpose of obligating funds and
establishing a ceiling that the contractor may
not exceed, except at the risk of the
contractor, without the approval of the
contracting officer.
[(4)](15) * * *
[(5)](16) * * *
[(6)](17) * * *
[(7)](18) * * *
[(8)](19) * * *
(20) The term ``fixed-price contract'' means a
contract that provides for a firm price or, in
appropriate cases, an adjustable price.
[(9)](21) * * *
[(10)](22) * * *
[(11)](23) The term ``intelligence component of the
Department'' means any element or entity of the
Department that collects, gathers, processes, analyzes,
produces, or disseminates intelligence information
within the scope of the information sharing
environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, or national intelligence, as defined under
section 3(5) of the National Security Act of 1947 (50
U.S.C. 401a(5)), except--(A) the United States Secret
Service; and (B) the Coast Guard, when operating under
the direct authority of the Secretary of Defense or
Secretary of the Navy pursuant to section 3 of title
14, United States Code, except that nothing in this
paragraph shall affect or diminish the authority and
responsibilities of the Commandant of the Coast Guard
to command or control the Coast Guard as an armed force
or the authority of the Director of National
Intelligence with respect to the Coast Guard as an
element of the intelligence community (as defined under
section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)).
[(12)](24) The term ``key resources'' means publicly
or privately controlled resources essential to the
minimal operations of the economy and government.
(25) The term ``life cycle cost'' means the total
cost of an acquisition, including all relevant costs
related to acquiring, owning, operating, maintaining,
and disposing of the system, project, service, or
product over a specified period of time.
[(13)](26) * * *
(27) The term ``major acquisition program'' means a
Department acquisition program that is estimated by the
Secretary or a designee of the Secretary to require an
eventual total expenditure of not less than
$300,000,000 (based on fiscal year 2017 constant
dollars) over the life cycle cost of the program.
[(14)](28) * * *
[(15)](29) * * *
[(16)](30) * * *
[(17)](31) * * *
[(18)](32) * * *
[(19)](33) * * *
[(20)](34) * * *
* * * * * * *
TITLE I--DEPARTMENT OF HOMELAND SECURITY
* * * * * * *
SEC. 102. SECRETARY; FUNCTIONS.
(a) * * *
(b) Functions.--The Secretary--
(1) * * *
(2) coordinating and, as appropriate, consolidating,
the Federal Government's communications and systems of
communications relating to homeland security with State
and local government personnel, agencies, and
authorities, the private sector, other entities, and
the public; [and]
(3) distributing or, as appropriate, coordinating the
distribution of, warnings and information to State and
local government personnel, agencies, and authorities
and to the public[.]; and
(4) shall establish a Homeland Security Advisory
Council to provide advice and recommendations on
homeland security-related matters, including advice
with respect to the preparation of the quadrennial
homeland security review under section 706.
(c) Coordination with Non-Federal entities.--With respect
to homeland security, the Secretary shall coordinate [through
the Office of State and Local Coordination (established under
section 801 of this title)] through the Office of Partnership
and Engagement (including the provision of training and
equipment) with State and local government personnel, agencies,
and authorities, with the private sector, and with other
entities, including by--
* * * * * * *
(h) Headquarters.--
(1) In general.--There is in the Department a
Headquarters.
(2) Components.--The Department Headquarters shall
include each of the following:
(A) The Office of the Secretary, which shall
include--
(i) the Deputy Secretary;
(ii) the Chief of Staff; and
(iii) the Executive Secretary.
(B) The Management Directorate, including the
Office of the Chief Financial Officer.
(C) The Science and Technology Directorate.
(D) The Office of Strategy, Policy, and
Plans.
(E) The Office of the General Counsel.
(F) The Office of the Chief Privacy and FOIA
Officer.
(G) The Office for Civil Rights and Civil
Liberties.
(H) The Office of Operations Coordination.
(I) The Office of Intelligence and Analysis.
(J) The Office of Legislative Affairs.
(K) The Office of Public Affairs.
(L) The Office of the Inspector General.
(M) The Office of the Citizenship and
Immigration Services Ombudsman.
(N) The Countering Weapons of Mass
Destruction Office.
(O) The Office of Partnership and Engagement.
SEC. 103. OTHER OFFICERS.
(a) Deputy Secretary; Under Secretaries; Assistant
Secretaries and Other Officers._
(1) In general.--Except as provided under paragraph
(2), there are the following officers, appointed by the
President, by and with the advice and consent of the
Senate:
(A) A Deputy Secretary of Homeland Security,
who shall be the Secretary's first assistant
for purposes of subchapter III of chapter 33 of
title 5, United States Code.
* * * * * * *
(E) A Director of the [Bureau of] United
States Citizenship and Immigration Services.
* * * * * * *
[(H) An Under Secretary responsible for
overseeing critical infrastructure protection,
cybersecurity, and other related programs of
the Department.]
(H) A Director of the Cybersecurity and
Infrastructure Security Agency.
[(I) Not more than 12 Assistant Secretaries.]
(I) An Administrator of the Transportation
Security Administration.
* * * * * * *
[(2) Assistant secretaries.--If any of the Assistant
Secretaries referred to under paragraph (1)(I) is
designated to be the Assistant Secretary for Health
Affairs, the Assistant Secretary for Legislative
Affairs, or the Assistant Secretary for Public Affairs,
that Assistant Secretary shall be appointed by the
President without the advice and consent of the
Senate.]
(2) Assistant secretaries.--The following Assistant
Secretaries shall be appointed by the President or the
Secretary, as the case may be, without the advice and
consent of the Senate:
(A) Presidential appointments.--The
Department shall have the following Assistant
Secretaries appointed by the President:
(i) The Assistant Secretary for
Public Affairs.
(ii) The Assistant Secretary for
Legislative Affairs.
(iii) The Assistant Secretary for the
Countering Weapons of Mass Destruction
Office.
(iv) The Chief Medical Officer.
(B) Secretarial appointments.--The Department
shall have the following Assistant Secretaries
appointed by the Secretary:
(i) The Assistant Secretary for
International Affairs.
(ii) The Assistant Secretary for
Threat Prevention and Security Policy.
(iii) The Assistant Secretary for
Border, Immigration, and Trade Policy.
(iv) The Assistant Secretary for
Cybersecurity, Infrastructure, and
Resilience Policy.
(v) The Assistant Secretary for
Strategy, Planning, Analysis, and Risk.
(vi) The Assistant Secretary for
State and Local Law Enforcement.
(vii) The Assistant Secretary for
Partnership and Engagement.
(viii) The Assistant Secretary for
Private Sector.
(3) Limitation on creation of positions.--No
Assistant Secretary position may be created in addition
to the positions provided for by this section unless
such position is authorized by a statute enacted after
the date of the enactment of the DHS Authorization Act.
(b) * * *
(c) * * *
(d) Other Officers.--To assist the Secretary in the
performance of the Secretary's functions, there are the
following officers, appointed by the President:
(1) A Director of Secret Service.
(2) A Chief Information Officer.
(3) An Officer for Civil Rights and Civil Liberties.
[(4) A Director for Domestic Nuclear Detection.]
[(5)](4) Any Director of a Joint Task Force under
[section 708] section 707.
(e) * * *
(f) Special Assistant to the Secretary.--The Secretary
shall appoint a Special Assistant to the Secretary who shall be
responsible for--
[(1) creating and fostering strategic communications
with the private sector to enhance the primary mission
of the Department to protect the American homeland;
[(2) advising the Secretary on the impact of the
Department's policies, regulations, processes, and
actions on the private sector;
[(3) interfacing with other relevant Federal agencies
with homeland security missions to assess the impact of
these agencies' actions on the private sector;
[(4) creating and managing private sector advisory
councils composed of representatives of industries and
associations designated by the Secretary to--
[(A) advise the Secretary on private sector
products, applications, and solutions as they
relate to homeland security challenges;
[(B) advise the Secretary on homeland
security policies, regulations, processes, and
actions that affect the participating
industries and associations; and
[(C) advise the Secretary on private sector
preparedness issues, including effective
methods for--
[(i) promoting voluntary preparedness
standards to the private sector; and
[(ii) assisting the private sector in
adopting voluntary preparedness
standards;
[(5) working with Federal laboratories,
federally funded research and development
centers, other federally funded organizations,
academia, and the private sector to develop
innovative approaches to address homeland
security challenges to produce and deploy the
best available technologies for homeland
security missions;
[(6) promoting existing public-private
partnerships and developing new public-private
partnerships to provide for collaboration and
mutual support to address homeland security
challenges;
[(7) assisting in the development and
promotion of private sector best practices to
secure critical infrastructure;]
[(8)](1) providing information to the private
sector regarding voluntary preparedness
standards and the business justification for
preparedness and promoting to the private
sector the adoption of voluntary preparedness
standards;
[(9)](2) coordinating industry efforts, with
respect to functions of the Department of
Homeland Security, to identify private sector
resources and capabilities that could be
effective in supplementing Federal, State, and
local government agency efforts to prevent or
respond to a terrorist attack;
[(10)](3) coordinating with the Commissioner
of U.S. Customs and Border Protection and the
Assistant Secretary for Trade Development of
the Department of Commerce on issues related to
the travel and tourism industries; and
[(11)](4) consulting with the Office of State
and Local Government Coordination and
Preparedness on all matters of concern to the
private sector, including the tourism industry.
(g) * * *
(h) Office of Legislative Affairs.--
(1) In general.--Notwithstanding any other provision
of law, any report that the Department or a component
of the Department is required to submit to the
Committee on Appropriations of the Senate or the
Committee on Appropriations of the House of
Representatives under any provision of law shall be
submitted concurrently to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives.
(2) Applicability.--Paragraph (1) shall apply with
respect to any report described in paragraph (1) that
is submitted on or after the date of enactment of the
DHS Authorization Act.
(3) Notice.--The Secretary shall notify, in writing,
the chairmen and ranking members of the authorizing and
appropriating committees of jurisdiction regarding
policy memoranda, management directives, and
reprogramming notifications issued by the Department.
(i) Office of Private Sector.--The Assistant Secretary for
Private Sector shall be responsible for--
(1) creating and fostering strategic communications
with the private sector to enhance the primary mission
of the Department to protect the American homeland;
(2) advising the Secretary on the impact of the
Department's policies, regulations, processes, and
actions on the private sector;
(3) interfacing with other relevant Federal agencies
with homeland security missions to assess the impact of
these agencies' actions on the private sector;
(4) creating and managing private sector advisory
councils composed of representatives of industries and
associations designated by the Secretary to--
(A) advise the Secretary on private sector
products, applications, and solutions as they
relate to homeland security challenges; and
(B) advise the Secretary on homeland security
policies, regulations, processes, and actions
that affect the participating industries and
associations;
(5) working with Federal laboratories, federally
funded research and development centers, other
federally funded organizations, academia, and the
private sector to develop innovative approaches to
address homeland security challenges to produce and
deploy the best available technologies for homeland
security missions;
(6) promoting existing public-private partnerships
and developing new public-private partnerships to
provide for collaboration and mutual support to address
homeland security challenges; and
(7) assisting in the development and promotion of
private sector best practices to secure critical
infrastructure.
SEC. 104. INSIDER THREAT PROGRAM.
(a) Establishment.--The Secretary shall establish an
Insider Threat Program within the Department, which shall--
(1) provide training and education for employees of
the Department to identify, prevent, mitigate, and
respond to insider threat risks to the Department's
critical assets;
(2) provide investigative support regarding potential
insider threats that may pose a risk to the
Department's critical assets; and
(3) conduct risk mitigation activities for insider
threats.
(b) Steering Committee.--
(1) In general.--
(A) Establishment.--The Secretary shall
establish a Steering Committee within the
Department.
(B) Membership.--The membership of the
Steering Committee shall be as follows:
(i) The Under Secretary for
Management and the Under Secretary for
Intelligence and Analysis shall serve
as the Co-Chairpersons of the Steering
Committee.
(ii) The Chief Security Officer, as
the designated Senior Insider Threat
Official, shall serve as the Vice
Chairperson of the Steering Committee.
(iii) The other members of the
Steering Committee shall be comprised
of representatives of--
(I) the Office of
Intelligence and Analysis;
(II) the Office of the Chief
Information Officer;
(III) the Office of the
General Counsel;
(IV) the Office for Civil
Rights and Civil Liberties;
(V) the Privacy Office;
(VI) the Office of the Chief
Human Capital Officer;
(VII) the Office of the Chief
Financial Officer;
(VIII) the Federal Protective
Service;
(IX) the Office of the Chief
Procurement Officer;
(X) the Science and
Technology Directorate; and
(XI) other components or
offices of the Department as
appropriate.
(C) Meetings.--The members of the Steering
Committee shall meet on a regular basis to
discuss cases and issues related to insider
threats to the Department's critical assets, in
accordance with subsection (a).
(2) Responsibilities.--Not later than 1 year after
the date of the enactment of this section, the Under
Secretary for Management, the Under Secretary for
Intelligence and Analysis, and the Chief Security
Officer, in coordination with the Steering Committee,
shall--
(A) develop a holistic strategy for
Department-wide efforts to identify, prevent,
mitigate, and respond to insider threats to the
Department's critical assets;
(B) develop a plan to implement the insider
threat measures identified in the strategy
developed under subparagraph (A) across the
components and offices of the Department;
(C) document insider threat policies and
controls;
(D) conduct a baseline risk assessment of
insider threats posed to the Department's
critical assets;
(E) examine programmatic and technology best
practices adopted by the Federal Government,
industry, and research institutions to
implement solutions that are validated and
cost-effective;
(F) develop a timeline for deploying
workplace monitoring technologies, employee
awareness campaigns, and education and training
programs related to identifying, preventing,
mitigating, and responding to potential insider
threats to the Department's critical assets;
(G) consult with the Under Secretary for
Science and Technology and other appropriate
stakeholders to ensure the Insider Threat
Program is informed, on an ongoing basis, by
current information regarding threats, best
practices, and available technology; and
(H) develop, collect, and report metrics on
the effectiveness of the Department's insider
threat mitigation efforts.
(c) Preservation of Merit System Rights.--
(1) In general.--The Steering Committee shall not
seek to, and the authorities provided under this
section shall not be used to, deter, detect, or
mitigate disclosures of information by Government
employees or contractors that are lawful under and
protected by section 17(d)(5) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5))
(commonly known as the `Intelligence Community
Whistleblower Protection Act of 1998'), chapter 12 or
23 of title 5, United States Code, the Inspector
General Act of 1978 (5 U.S.C. App.), or any other
whistleblower statute, regulation, or policy.
(2) Implementation.--
(A) In general.--Any activity carried out
under this section shall be subject to section
115 of the Whistleblower Protection Enhancement
Act of 2012 (5 U.S.C. 2302 note).
(B) Required statement.--Any activity to
implement or enforce any insider threat
activity or authority under this section or
Executive Order 13587 (50 U.S.C. 3161 note)
shall include the statement required by section
115 of the Whistleblower Protection Enhancement
Act of 2012 (5 U.S.C. 2302 note) that preserves
rights under whistleblower laws and section
7211 of title 5, United States Code, protecting
communications with Congress.
(d) Definitions.--In this section:
(1) Critical assets.--The term ``critical assets''
means the resources, including personnel, facilities,
information, equipment, networks, or systems necessary
for the Department to fulfill its mission.
(2) Employee.--The term ``employee'' has the meaning
given the term in section 2105 of title 5, United
States Code.
(3) Insider.--The term ``insider'' means--
(A) any person who has or had authorized
access to Department facilities, information,
equipment, networks, or systems and is employed
by, detailed to, or assigned to the Department,
including members of the Armed Forces, experts
or consultants to the Department, industrial or
commercial contractors, licensees, certificate
holders, or grantees of the Department,
including all subcontractors, personal services
contractors, or any other category of person
who acts for or on behalf of the Department, as
determined by the Secretary; or
(B) State, local, tribal, territorial, and
private sector personnel who possess security
clearances granted by the Department.
(4) Insider threat.--The term ``insider threat''
means the threat that an insider will use his or her
authorized access, wittingly or unwittingly, to do harm
to the security of the United States, including damage
to the United States through espionage, terrorism, the
unauthorized disclosure of classified national security
information, or through the loss or degradation of
departmental resources or capabilities.
(5) Steering committee.--The term ``Steering
Committee'' means the Steering Committee established
under subsection (b)(1)(A).
TITLE II--INFORMATION ANALYSIS [AND INFRASTRUCTURE PROTECTION]
* * * * * * *
Subtitle A--Information and Analysis [and Infrastructure Protection];
Access to Information
* * * * * * *
SEC. 201. INFORMATION AND ANALYSIS [AND INFRASTRUCTURE PROTECTION].
(a) Intelligence and Analysis [and infrastructure
protection].--There shall be in the Department an Office of
Intelligence and Analysis [and an Office of Infrastructure
Protection].
(b) Under Secretary for Information and Analysis [and
assistant secretary for infrastructure protection].--
(1) * * *
(2) * * *
[(3) Office of infrastructure protection.--The Office
of Infrastructure Protection shall be headed by an
Assistant Secretary for Infrastructure Protection, who
shall be appointed by the President.]
(c) Discharge of Responsibilities.--The Secretary shall
ensure that the responsibilities of the Department relating to
information analysis [and infrastructure protection], including
those described in subsection (d), are carried out through the
Under Secretary for Intelligence and Analysis [or the Assistant
Secretary for Infrastructure Protection, as appropriate].
(d) Responsibilities of Secretary Relating To Intelligence
and Analysis [and Infrastructure Protection].--The
responsibilities of the Secretary relating to intelligence and
analysis [and infrastructure protection] shall be as follows:
(1) * * *
* * * * * * *
[(5) To develop a comprehensive national plan for
securing the key resources and critical infrastructure
of the United States, including power production,
generation, and distribution systems, information
technology and telecommunications systems (including
satellites), electronic financial and property record
storage and transmission systems, emergency
preparedness communications systems, and the physical
and technological assets that support such systems.]
[(6) To recommend measures necessary to protect the
key resources and critical infrastructure of the United
States in coordination with other agencies of the
Federal Government and in cooperation with State and
local government agencies and authorities, the private
sector, and other entities.]
[(7)](5) To review, analyze, and make recommendations
for improvements to the policies and procedures
governing the sharing of information within the scope
of the information sharing environment established
under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485),
including homeland security information, terrorism
information, and weapons of mass destruction
information, and any policies, guidelines, procedures,
instructions, or standards established under that
section.
[(8)](6) To disseminate, as appropriate, information
analyzed by the Department within the Department, to
other agencies of the Federal Government with
responsibilities relating to homeland security, [and to
agencies of State and local governments and private
sector entities with such responsibilities in order to
assist in the deterrence, prevention, preemption of, or
response to, terrorist attacks against the United
States.] to State, local, and tribal governments and
private entities with such responsibilities, and, as
appropriate, to the public, in order to assist in
preventing, deterring, or responding to acts of
terrorism against the United States.
[(9)](7) * * *
[(10)](8) * * *
[(11)](9) * * *
[(12)](10) * * *
[(13)](11) * * *
[(14)](12) * * *
[(15)](13) * * *
[(16)](14) * * *
[(17)](15) * * *
[(18)](16) * * *
[(19)](17) * * *
[(20)](18) * * *
[(21)](19) * * *
[(22)](20) * * *
[(23)](21) * * *
[(24)](22) * * *
[(25) To prepare and submit to the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security in the
House of Representatives, and to other appropriate
congressional committees having jurisdiction over the
critical infrastructure or key resources, for each
sector identified in the National Infrastructure
Protection Plan, a report on the comprehensive
assessments carried out by the Secretary of the
critical infrastructure and key resources of the United
States, evaluating threat, vulnerability, and
consequence, as required under this subsection. Each
such report--(A) shall contain, if applicable, actions
or countermeasures recommended or taken by the
Secretary or the head of another Federal agency to
address issues identified in the assessments; (B) shall
be required for fiscal year 2007 and each subsequent
fiscal year and shall be submitted not later than 35
days after the last day of the fiscal year covered by
the report; and (C) may be classified.]
[(26)](23)
(A) * * *
(B) The recommended strategy under
subparagraph (A) shall--
(i) be based on findings of the
research and development conducted
under [section 319]section 320;
* * * * * * *
(C) The Secretary may, if appropriate,
incorporate the recommended strategy into a
broader recommendation developed by the
Department to help protect and prepare critical
infrastructure from terrorism, cyber attacks,
and other threats if, as incorporated, the
recommended strategy complies with subparagraph
(B).
(27) To carry out section 210G (relating to homeland
terrorist threat assessments) and section 210H
(relating to terrorism prevention activities).
(e) Staff.--
(1) In general.--The Secretary shall provide the
Office of Intelligence and Analysis [and the Office of
Infrastructure Protection] with a staff of analysts
having appropriate expertise and experience to assist
such offices in discharging responsibilities under this
section. The Secretary shall also provide the Chief
Intelligence Officer with a staff having appropriate
component intelligence program expertise and experience
to assist the Chief Intelligence Officer.
* * * * * * *
SEC. 202. ACCESS TO INFORMATION.
(a) * * *
(b) * * *
(c) Treatment Under Certain Laws.--The Secretary shall be
deemed to be a Federal law enforcement, intelligence,
protective, national defense, immigration, or national security
official, and shall be provided with all information from law
enforcement agencies that is required to be given to the
[Director of Central Intelligence] Director of National
Intelligence, under any provision of the following:
(1) The USA PATRIOT Act of 2001 (Public Law 107-56).
(2) Section 2517(6) of title 18, United States Code.
(3) Rule 6(e)(3)(C) of the Federal Rules of Criminal
Procedure.
(d) Access to Intelligence and Other Information.--
(1) * * *
(2) Sharing of information.--The Secretary, in
consultation with the [Director of Central
Intelligence] Director of National Intelligence, shall
work to ensure that intelligence or other information
relating to terrorism to which the Department has
access is appropriately shared with the elements of the
Federal Government referred to in paragraph (1), as
well as with State and local governments, as
appropriate.
* * * * * * *
SEC. 204. HOMELAND SECURITY INFORMATION SHARING.
(a) * * *
(b) * * *
(c) State, local, and private-sector sources of
information.--
(1) Establishment of business processes.--The
Secretary, acting through the Under Secretary for
Intelligence and Analysis or the [Assistant Secretary
for Infrastructure Protection] Director of the
Cybersecurity and Infrastructure Security Agency, as
appropriate, shall--
* * * * * * *
(d) Training and Evaluation of Employees.--
(1) Training.--The Secretary, acting through the
Under Secretary for Intelligence and Analysis or the
[Assistant Secretary for Infrastructure
Protection]Director of the Cybersecurity and
Infrastructure Security Agency, as appropriate, shall
provide to employees of the Department opportunities
for training and education to develop an understanding
of--
* * * * * * *
SEC. 210A. [DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND REGIONAL
INFORMATION FUSION CENTER INITIATIVE.] DEPARTMENT
OF HOMELAND SECURITY FUSION CENTER PARTNERSHIP
INITIATIVE.
(a) Establishment.--The Secretary in consultation with the
program manager of the information sharing environment
established under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Attorney
General, the Privacy Officer of the Department, the Officer for
Civil Rights and Civil Liberties of the Department, and the
Privacy and Civil Liberties Oversight Board established under
section 1061 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a
Department of Homeland Security State, Local, and Regional
Fusion Center Initiative to establish partnerships with State,
local, and regional fusion centers. Beginning on the date of
enactment of the Department of Homeland Security Authorization
Act, such Initiative shall be known as the ``Department of
Homeland Security Fusion Center Partnership Initiative''.
[(b)]
(b) Interagency Support and Coordination.--Through the
Department of Homeland Security Fusion Center Partnership
Initiative, in coordination with principal officials of fusion
centers in the National Network of Fusion Centers and the
officers designated as the Homeland Security Advisors of the
States, the Secretary shall--
(1) coordinate with the heads of other Federal
departments and agencies to provide operational,
analytic, and reporting intelligence advice and
assistance to the National Network of Fusion Centers
and to align homeland security intelligence activities
with other field based intelligence activities;
(2) support the integration of fusion centers into
the information sharing environment, including by--
(A) providing for the effective dissemination
of information within the scope of the
information sharing environment to the National
Network of Fusion Centers;
(B) conducting outreach to such fusion
centers to identify any gaps in information
sharing;
(C) consulting with other Federal agencies to
develop methods to--
(i) address any such gaps identified
under subparagraph (B), as appropriate;
and
(ii) deploy or access such databases
and datasets, as appropriate; and
(D) review information that is gathered by
the National Network of Fusion Centers to
identify that which is within the scope of the
information sharing environment, including
homeland security information (as defined in
section 892), terrorism information, and
weapons of mass destruction information and
incorporate such information, as appropriate,
into the Department's own such information;
(3) facilitate close communication and coordination
between the National Network of Fusion Centers and the
Department and other Federal departments and agencies;
(4) facilitate information sharing and expertise from
the national cybersecurity and communications
integration center under section 2209 to the National
Network of Fusion Centers;
(5) coordinate the provision of training and
technical assistance, including training on the use of
Federal databases and datasets described in paragraph
(2), to the National Network of Fusion Centers and
encourage participating fusion centers to take part in
terrorism threat-related exercises conducted by the
Department;
(6) ensure the dissemination of cyber threat
indicators and information about cybersecurity risks
and incidents to the national Network of Fusion
Centers;
(7) ensure that each fusion center in the National
Network of Fusion Centers has a privacy policy approved
by the Chief Privacy Officer of the Department and a
civil rights and civil liberties policy approved by the
Officer for Civil Rights and Civil Liberties of the
Department;
(8) develop and disseminate best practices on the
appropriate levels for staffing at fusion centers in
the National Network of Fusion Centers of qualified
representatives from State, local, tribal, and
territorial law enforcement, fire, emergency medical,
and emergency management services, and public health
disciplines, as well as the private sector;
(9) to the maximum extent practicable, provide
guidance, training, and technical assistance to ensure
fusion centers operate in accordance with and in a
manner that protects privacy, civil rights, and civil
liberties afforded by the Constitution of the United
States;
(10) to the maximum extent practicable, provide
guidance, training, and technical assistance to ensure
fusion centers are appropriately aligned with and able
to meaningfully support Federal homeland security,
national security, and law enforcement efforts,
including counterterrorism;
(11) encourage the full participation of the National
Network of Fusion Centers in all assessment and
evaluation efforts conducted by the Department;
(12) track all Federal funding provided to each
fusion center on an individualized basis as well as by
funding source;
(13) ensure that none of the departmental information
or data provided or otherwise made available to fusion
center personnel is improperly disseminated, accessed
for unauthorized purposes, or otherwise used in a
manner inconsistent with Department guidance; and (14)
carry out such other duties as the Secretary determines
appropriate.
(c) [Personnel Assignment] Resource Allocation._
[(1) In general.--The Under Secretary for
Intelligence and Analysis shall, to the maximum extent
practicable, assign officers and intelligence analysts
from components of the Department to participating
State, local, and regional fusion centers.
[(2) Personnel sources.--Officers and intelligence
analysts assigned to participating fusion centers under
this subsection may be assigned from the following
Department components, in coordination with the
respective component head and in consultation with the
principal officials of participating fusion centers:
[(A) Office of Intelligence and Analysis.
[(B) [Office of Infrastructure Protection]
Cybersecurity and Infrastructure Security
Agency.
[(C) Transportation Security Administration.
[(D) United States Customs and Border
Protection.
[(E) United States Immigration and Customs
Enforcement.
[(F) United States Coast Guard.
[(G) Other components of the Department, as
determined by the Secretary.]
(1) Information Sharing and Personnel Assignment.--
(A) Information sharing.--The Under Secretary
for Intelligence and Analysis shall ensure
that, as appropriate--
(i) fusion centers in the National
Network of Fusion Centers have access
to homeland security information
sharing systems; and
(ii) Department personnel are
deployed to support fusion centers in
the National Network of Fusion Centers
in a manner consistent with the mission
of the Department.
(B) Personnel assignment.--Department
personnel referred to in subparagraph (A)(ii)
may include the following:
(i) Intelligence officers.
(ii) Intelligence analysts.
(iii) Other liaisons from components
and offices of the Department, as
appropriate.
(C) Memoranda of understanding.--The Under
Secretary for Intelligence and Analysis shall
negotiate memoranda of understanding between
the Department and a State or local government,
in coordination with the appropriate
representatives from fusion centers in the
National Network of Fusion Centers, regarding
the exchange of information between the
Department and such fusion centers. Such
memoranda shall include the following:
(i) The categories of information to
be provided by each entity to the other
entity that are parties to any such
memoranda
(ii) The contemplated uses of the
exchanged information that is the
subject of any such memoranda.
(iii) The procedures for developing
joint products.
(iv) The information sharing dispute
resolution processes.
(v) Any protections necessary to
ensure the exchange of information
accords with applicable law and
policies.
(2) Sources of support.--Information shared and
personnel assigned pursuant to paragraph (1) may be
shared or provided, as the case may be, by the
following Department components and offices, in
coordination with the respective component or office
head and in consultation with the principal officials
of fusion centers in the National Network of Fusion
Centers:
(A) The Office of Intelligence and Analysis.
(B) Cybersecurity and Infrastructure Security
Agency.
(C) The Transportation Security
Administration.
(D) U.S. Customs and Border Protection.
(E) U.S. Immigration and Customs Enforcement.
(F) The Coast Guard.
(G) The national cybersecurity and
communications integration center under section
2209.
(H) Other components or offices of the
Department, as determined by the Secretary.
(3) [Qualifying criteria] Resource allocation
criteria._
[(A) In general.--The Secretary shall develop
qualifying criteria for a fusion center to
participate in the assigning of Department
officers or intelligence analysts under this
section.]
(A) In general.--The Secretary shall make
available criteria for sharing information and
deploying personnel to support a fusion center
in the National Network of Fusion Centers in a
manner consistent with the Department's mission
and existing statutory limits.
(B) * * *
(4) Prerequisite.--
(A) * * *
(B) Prior work experience in area.--In
determining the eligibility of an officer or
intelligence analyst to be assigned to a fusion
center under this section, the Under Secretary
for Intelligence and Analysis shall consider
the familiarity of the officer or intelligence
analyst with the State, locality, or region in
which such fusion center is located, as
determined by such factors as whether the
officer or intelligence analyst--
* * * * * * *
(d) Responsibilities.--An officer or intelligence analyst
assigned to a fusion center under this section shall--
(1) * * *
(2) * * *
(3) create intelligence and other information
products derived from such information and other
homeland security-relevant information provided by the
Department; [and]
(4) assist, in coordination with the national
cybersecurity and communications integration center
under section 2209, fusion centers in using information
relating to cybersecurity risks to develop a
comprehensive and accurate threat picture;
[(4]](5) assist in the dissemination of such
products, as coordinated by the Under Secretary for
Intelligence and Analysis, to law enforcement agencies
and other emergency response providers of State, local,
and tribal [government] governments, other fusion
centers, and appropriate Federal agencies[.]; and
(6) use Department information, including information
held by components and offices, to develop analysis
focused on the mission of the Department under section
101(b).
(e) Border Intelligence Priority.--
[(1) In general.--The Secretary shall make it a
priority to assign officers and intelligence analysts
under this section from United States Customs and
Border Protection, United States Immigration and
Customs Enforcement, and the Coast Guard to
participating State, local, and regional fusion centers
located in jurisdictions along land or maritime borders
of the United States in order to enhance the integrity
of and security at such borders by helping Federal,
State, local, and tribal law enforcement authorities to
identify, investigate, and otherwise interdict persons,
weapons, and related contraband that pose a threat to
homeland security.]
(1) In general.--To the greatest extent practicable,
the Secretary shall make it a priority to allocate
resources, including departmental component personnel
with relevant expertise, to support the efforts of
fusion centers along land or maritime borders of the
United States to facilitate law enforcement agency
identification, investigation, and interdiction of
persons, weapons, and related contraband that pose a
threat to homeland security.
(2) Border Intelligence Products.--When performing
the responsibilities described in subsection (d),
officers and intelligence analysts assigned to
[participating State, local, and regional fusion
centers] fusion centers in the National Network of
Fusion Centers under this section shall have, as a
primary responsibility, the creation of border
intelligence products that--
* * * * * * *
(j) Definitions.--In this section--
(1) the term ``cybersecurity risk'' has the meaning
given such term in section 2209;
[(1)](2) * * *
[(2)](3) * * *
[(3)](4) * * *
[(4)](5) the term ``intelligence-led policing'' means
the collection and analysis of information to produce
an intelligence end product designed to inform law
enforcement decision making at the tactical and
strategic levels; [and]
(6) the term ``National Network of Fusion Centers''
means a decentralized arrangement of fusion centers
intended to enhance individual State and urban area
fusion centers ability to leverage the capabilities and
expertise of all fusion centers for the purpose of
enhancing analysis and homeland security information
sharing nationally; and
[(5)](7) * * *
[(k) Authorization of Appropriations.--There is authorized
to be appropriated $10,000,000 for each of fiscal years 2008
through 2012, to carry out this section, except for subsection
(i), including for hiring officers and intelligence analysts to
replace officers and intelligence analysts who are assigned to
fusion centers under this section.]
* * * * * * *
SEC. 210[F]E. CLASSIFIED INFORMATION ADVISORY OFFICER.
* * * * * * *
SEC. 210F. HOMELAND INTELLIGENCE DOCTRINE.
(a) In General.--Not later than 180 days after the date of
the enactment of this section, the Secretary, acting through
the Chief Intelligence Officer of the Department, in
coordination with intelligence components of the Department,
the Office of the General Counsel, the Privacy Office, and the
Office for Civil Rights and Civil Liberties, shall develop and
disseminate written Department-wide guidance for the
processing, analysis, production, and dissemination of homeland
security information (as such term is defined in section 892)
and terrorism information (as such term is defined in section
1016 of the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 485)).
(b) Contents.--The guidance required under subsection (a)
shall, at a minimum, include the following:
(1) A description of guiding principles and purposes
of the Department's intelligence enterprise.
(2) A summary of the roles and responsibilities, if
any, of each intelligence component of the Department
and programs of the intelligence components of the
Department in the processing, analysis, production, and
dissemination of homeland security information and
terrorism information, including relevant authorities
and restrictions applicable to each intelligence
component of the Department and programs of each such
intelligence component.
(3) Guidance for the processing, analysis, and
production of such information, including descriptions
of component or program specific datasets that
facilitate the processing, analysis, and production.
(4) Guidance for the dissemination of such
information, including within the Department, among and
between Federal departments and agencies, among and
between State, local, tribal, and territorial
governments, including law enforcement agencies, and
with foreign partners and the private sector.
(5) A statement of intent regarding how the
dissemination of homeland security information and
terrorism information to the intelligence community (as
such term is defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 3003(4))) and Federal
law enforcement agencies should assist the intelligence
community and Federal law enforcement agencies in
carrying out their respective missions.
(6) A statement of intent regarding how the
dissemination of homeland security information and
terrorism information to State, local, tribal, and
territorial government agencies, including law
enforcement agencies, should assist the agencies in
carrying out their respective missions.
(c) Form.--The guidance required under subsection (a) shall
be disseminated in unclassified form, but may include a
classified annex.
(d) Annual Review.--For each of the 5 fiscal years
beginning with the first fiscal year that begins after the date
of the enactment of this section, the Secretary shall conduct a
review of the guidance required under subsection (a) and, as
appropriate, revise such guidance.
SEC. 210G. HOMELAND TERRORIST THREAT ASSESSMENTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this section and for each of the following 5
fiscal years (beginning in the first fiscal year that begins
after the date of the enactment of this section), the
Secretary, acting through the Under Secretary for Intelligence
and Analysis, and using departmental information, including
component information coordinated with each intelligence
component of the Department and programs of each such
intelligence component, and information provided through State
and major urban area fusion centers, shall conduct an
assessment of the terrorist threat to the homeland.
(b) Contents.--Each assessment under subsection (a) shall
include the following:
(1) Empirical data assessing terrorist activities and
incidents over time in the United States, including
terrorist activities and incidents planned or supported
by foreign or domestic terrorists or persons outside of
the United States to occur in the homeland.
(2) An evaluation of current terrorist tactics, as
well as ongoing and possible future changes in
terrorist tactics.
(3) An assessment of criminal activity encountered or
observed by officers or employees of components which
is suspected of financing terrorist activity.
(4) Detailed information on all individuals suspected
of involvement in terrorist activity and subsequently--
(A) prosecuted for a Federal criminal
offense, including details of the criminal
charges involved;
(B) placed into removal proceedings,
including details of the removal processes and
charges used;
(C) denied entry into the United States,
including details of the denial processes used;
or
(D) subjected to civil proceedings for
revocation of naturalization.
(5) The efficacy and reach of foreign and domestic
terrorist organization propaganda, messaging, or
recruitment, including details of any specific
propaganda, messaging, or recruitment that contributed
to terrorist activities identified pursuant to
paragraph (1).
(6) An assessment of threats, including cyber
threats, to the homeland, including to critical
infrastructure and Federal civilian networks.
(7) An assessment of current and potential terrorism
and criminal threats posed by individuals and organized
groups seeking to unlawfully enter the United States.
(8) An assessment of threats to the transportation
sector, including surface and aviation transportation
systems.
(c) Additional Information.--The assessments required under
subsection (a)--
(1) shall, to the extent practicable, utilize
existing component data collected and existing
component threat assessments; and
(2) may incorporate relevant information and analysis
from other agencies of the Federal Government, agencies
of State and local governments (including law
enforcement agencies), as well as the private sector,
disseminated in accordance with standard information
sharing procedures and policies.
(d) Form.--The assessments required under subsection (a)
shall be shared with the appropriate congressional committees
and submitted in unclassified form, but may include separate
classified annexes, if appropriate.
SEC. 210H. REPORT ON TERRORISM PREVENTION ACTIVITIES OF THE DEPARTMENT.
(a) Annual Report.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the
Secretary shall submit to Congress an annual report that shall
include the following:
(1) A description of the status of the programs and
policies of the Department for countering violent
extremism and similar activities in the United States.
(2) A description of the efforts of the Department to
cooperate with and provide assistance to other Federal
departments and agencies.
(3) Qualitative and quantitative metrics for
evaluating the success of the programs and policies
described in paragraph (1) and the steps taken to
evaluate the success of those programs and policies.
(4) An accounting of--
(A) grants and cooperative agreements awarded
by the Department to counter violent extremism;
and
(B) all training specifically aimed at
countering violent extremism sponsored by the
Department.
(5) In coordination with the Under Secretary for
Intelligence and Analysis, an analysis of how the
activities of the Department to counter violent
extremism correspond and adapt to the threat
environment.
(6) A summary of how civil rights and civil liberties
are protected in the activities of the Department to
counter violent extremism.
(7) An evaluation of the use of grants and
cooperative agreements awarded under sections 2003 and
2004 to support efforts of local communities in the
United States to counter violent extremism, including
information on the effectiveness of those grants and
cooperative agreements in countering violent extremism.
(8) A description of how the Department incorporated
lessons learned from the countering violent extremism
programs and policies and similar activities of
foreign, State, local, tribal, and territorial
governments and stakeholder communities.
(9) A description of the decision process used by the
Department to rename or refocus the entities within the
Department that are focused on the issues described in
this subsection, including a description of the threat
basis for that decision.
(b) Annual Review.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the Office
for Civil Rights and Civil Liberties of the Department shall--
(1) conduct a review of the countering violent
extremism and similar activities of the Department to
ensure that all such activities of the Department
respect the privacy, civil rights, and civil liberties
of all persons; and
(2) make publicly available on the website of the
Department a report containing the results of the
review conducted under paragraph (1).
SEC. 210I. DEPARTMENTAL COORDINATION ON COUNTER THREATS.
(a) Establishment.--There is authorized in the Department,
for a period of 2 years beginning after the date of enactment
of this section, a Counter Threats Advisory Board (in this
section referred to as the ``Board'') which shall--(1) be
composed of senior representatives of departmental operational
components and headquarters elements; and (2) coordinate
departmental intelligence activities and policy and information
related to the mission and functions of the Department that
counter threats.
(b) Charter.--There shall be a charter to govern the
structure and mission of the Board, which shall--
(1) direct the Board to focus on the current threat
environment and the importance of aligning departmental
activities to counter threats under the guidance of the
Secretary; and
(2) be reviewed and updated as appropriate.
(c) Members.--
(1) In general.--The Board shall be composed of
senior representatives of departmental operational
components and headquarters elements.
(2) Chair.--The Under Secretary for Intelligence and
Analysis shall serve as the Chair of the Board.
(3) Members.--The Secretary shall appoint additional
members of the Board from among the following:
(A) The Transportation Security
Administration.
(B) U.S. Customs and Border Protection.
(C) U.S. Immigration and Customs Enforcement.
(D) The Federal Emergency Management Agency.
(E) The Coast Guard.
(F) U. S. Citizenship and Immigration
Services.
(G) The United States Secret Service.
(H) The Cybersecurity and Infrastructure
Security Agency.
(I) The Office of Operations Coordination.
(J) The Office of the General Counsel.
(K) The Office of Intelligence and Analysis.
(L) The Office of Strategy, Policy, and
Plans.
(M) The Science and Technology Directorate.
(N) The Office for State and Local Law
Enforcement.
(O) The Privacy Office.
(P) The Office for Civil Rights and Civil
Liberties.
(Q) Other departmental offices and programs
as determined appropriate by the Secretary.
(d) Meetings.--The Board shall--
(1) meet on a regular basis to discuss intelligence
and coordinate ongoing threat mitigation efforts and
departmental activities, including coordination with
other Federal, State, local, tribal, territorial, and
private sector partners; and
(2) make recommendations to the Secretary.
(e) Terrorism Alerts.--The Board shall advise the Secretary
on the issuance of terrorism alerts under section 203.
(f) Prohibition on Additional Funds.--No additional funds
are authorized to carry out this section.
SEC. 210J. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR INTELLIGENCE
AND INFORMATION SHARING.
(a) In General.--The Office of Intelligence and Analysis of
the Department shall--
(1) support homeland security-focused intelligence
analysis of terrorist actors, their claims, and their
plans to conduct attacks involving chemical,
biological, radiological, or nuclear materials against
the United States;
(2) support homeland security-focused intelligence
analysis of global infectious disease, public health,
food, agricultural, and veterinary issues;
(3) support homeland security-focused risk analysis
and risk assessments of the homeland security hazards
described in paragraphs (1) and (2), including the
transportation of chemical, biological, nuclear, and
radiological materials, by providing relevant
quantitative and nonquantitative threat information;
(4) leverage existing and emerging homeland security
intelligence capabilities and structures to enhance
prevention, protection, response, and recovery efforts
with respect to a chemical, biological, radiological,
or nuclear attack;
(5) share information and provide tailored analytical
support on these threats to State, local, and tribal
authorities, other Federal agencies, and relevant
national biosecurity and biodefense stakeholders, as
appropriate; and
(6) perform other responsibilities, as assigned by
the Secretary.
(b) Coordination.--Where appropriate, the Office of
Intelligence and Analysis shall coordinate with other relevant
Department components, including the Countering Weapons of Mass
Destruction Office, the National Biosurveillance Integration
Center, other agencies within the intelligence community,
including the National Counter Proliferation Center, and other
Federal, State, local, and tribal authorities, including
officials from high-threat urban areas, State and major urban
area fusion centers, and local public health departments, as
appropriate, and enable such entities to provide
recommendations on optimal information sharing mechanisms,
including expeditious sharing of classified information, and on
how such entities can provide information to the Department.
(c) Definitions.--In this section:
(1) Fusion center.--The term ``fusion center'' has
the meaning given the term in section 210A.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section
3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
(3) National biosecurity and biodefense
stakeholders.--The term ``national biosecurity and
biodefense stakeholders' means officials from Federal,
State, local, and tribal authorities and individuals
from the private sector who are involved in efforts to
prevent, protect against, respond to, and recover from
a biological attack or other phenomena that may have
serious health consequences for the United States,
including infectious disease outbreaks.
* * * * * * *
Subtitle C--Information Strategy
* * * * * * *
SEC. 222. PRIVACY OFFICER.
(a) Appointment and Responsibilities.--The Secretary shall
appoint a senior official in the Department, to be the Chief
Privacy and FOIA Officer of the Department, who shall report
directly [to the Secretary, to assume] to the Secretary. Such
official shall have primary responsibility for privacy policy,
including--
(1) * * *
* * * * * * *
(5) coordinating with the Officer for Civil Rights
and Civil Liberties to ensure that--
(A) * * *
(B) Congress receives appropriate reports on
such programs, policies, and procedures; [and]
[(6) preparing a report to Congress on an annual
basis on activities of the Department that affect
privacy, including complaints of privacy violations,
implementation of the Privacy Act of 1974 [5 U.S.C.
552a], internal controls, and other matters.]
(6) developing guidance to assist components of the
Department in developing privacy policies and
practices;
(7) establishing a mechanism to ensure such
components are in compliance with Federal regulatory
and statutory and Department privacy requirements,
mandates, directives, and policies, including
requirements under section 552 of title 5, United
States Code (commonly known as the ``Freedom of
Information Act'');
(8) working with components and offices of the
Department to ensure that information sharing and
policy development activities incorporate privacy
protections;
(9) serving as the Chief FOIA Officer of the
Department for purposes of section 552(j) of title 5,
United States Code (commonly known as the ``Freedom of
Information Act'');
(10) preparing an annual report to Congress that
includes a description of the activities of the
Department that affect privacy during the fiscal year
covered by the report, including complaints of privacy
violations, implementation of section 552a of title 5,
United States Code (commonly known as the ``Privacy Act
of 1974''), internal controls, and other matters; and
(11) carrying out such other responsibilities as the
Secretary determines are appropriate, consistent with
this section.
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE UNDER SECRETARY FOR
SCIENCE AND TECHNOLOGY.
[The Secretary, acting through the Under]The Under
Secretary for Science and Technology, shall have the
responsibility for--
(1) * * *
(2) developing, in consultation with other
appropriate executive agencies, a national policy and
strategic plan for, identifying priorities, goals,
objectives and policies for, and coordinating the
Federal Government's civilian efforts to identify and
develop countermeasures to chemical, [biological,,]
biological, and other emerging terrorist threats,
including the development of comprehensive, research-
based definable goals for such efforts and development
of annual measurable objectives and specific targets to
accomplish and evaluate the goals for such efforts;
(3) supporting the Under Secretary for Intelligence
and Analysis and the [Assistant Secretary for
Infrastructure Protection] Director of the
Cybersecurity and Infrastructure Security Agency, by
assessing and testing homeland security vulnerabilities
and possible threats;
(4) conducting basic and applied research,
development, demonstration, testing, [and
evaluation]evaluation, and standards coordination and
development activities that are relevant to any or all
elements of the Department, through both intramural and
extramural programs, except that such responsibility
does not extend to human health-related research and
development activities;
(5) * * *
(A) preventing the importation of chemical,
[biological,,] biological, and related weapons
and material; and
* * * * * * *
SEC. 307. [HOMELAND SECURITY ADVANCED RESEARCH PROJECTS AGENCY] OFFICE
OF THE CHIEF SCIENTIST.
(a) Definitions.--In this section:
[(1) Fund.--The term ``Fund'' means the Acceleration
Fund for Research and Development of Homeland Security
Technologies established in subsection (c).]
[(2)] (1) Homeland security research.--The term
``homeland security research'' means research relevant
to the detection of, prevention of, protection against,
response to, attribution of, and recovery from homeland
security threats, particularly acts of terrorism.
[(3) HSARPA.--The term ``HSARPA'' means the Homeland
Security Advanced Research Projects Agency established
in subsection (b).]
[(4)] (2) Under secretary.--The term ``Under
Secretary'' means the Under Secretary for Science and
Technology.
[(b) Homeland Security Advanced Research Projects Agency.--
[(1) Establishment.--There is established the
Homeland Security Advanced Research Projects Agency.
[(2) Director.--HSARPA shall be headed by a Director,
who shall be appointed by the Secretary. The Director
shall report to the Under Secretary.
[(3) Responsibilities.--The Director shall administer
the Fund to award competitive, merit-reviewed grants,
cooperative agreements or contracts to public or
private entities, including businesses, federally
funded research and development centers, and
universities. The Director shall administer the Fund
to--
[(A) support basic and applied homeland
security research to promote revolutionary
changes in technologies that would promote
homeland security;
[(B) advance the development, testing and
evaluation, and deployment of critical homeland
security technologies;
[(C) accelerate the prototyping and
deployment of technologies that would address
homeland security vulnerabilities; and
[(D) conduct research and development for the
purpose of advancing technology for the
investigation of child exploitation crimes,
including child victim identification,
trafficking in persons, and child pornography,
and for advanced forensics.
[(4) Targeted competitions.--The Director may solicit
proposals to address specific vulnerabilities
identified by the Director.
[(5) Coordination.--The Director shall ensure that
the activities of HSARPA are coordinated with those of
other relevant research agencies, and may run projects
jointly with other agencies.
[(6) Personnel.--In hiring personnel for HSARPA, the
Secretary shall have the hiring and management
authorities described in section 1101 of the Strom
Thurmond National Defense Authorization Act for Fiscal
Year 1999 (5 U.S.C. 3104 note; Public Law 105-261). The
term of appointments for employees under subsection
(c)(1) of that section may not exceed 5 years before
the granting of any extension under subsection (c)(2)
of that section.
[(7) Demonstrations.--The Director, periodically,
shall hold homeland security technology demonstrations
to improve contact among technology developers, vendors
and acquisition personnel.]
[(c) Fund.--
[(1) Establishment.--There is established the
Acceleration Fund for Research and Development of
Homeland Security Technologies, which shall be
administered by the Director of HSARPA.
[(2) Authorization of appropriations.--There are
authorized to be appropriated $500,000,000 to the Fund
for fiscal year 2003 and such sums as may be necessary
thereafter.
[(3) Coast guard.--Of the funds authorized to be
appropriated under paragraph (2), not less than 10
percent of such funds for each fiscal year through
fiscal year 2005 shall be authorized only for the Under
Secretary, through joint agreement with the Commandant
of the Coast Guard, to carry out research and
development of improved ports, waterways and coastal
security surveillance and perimeter protection
capabilities for the purpose of minimizing the
possibility that Coast Guard cutters, aircraft,
helicopters, and personnel will be diverted from non-
homeland security missions to the ports, waterways and
coastal security mission.]
(b) Office of the Chief Scientist.--
(1) Establishment.--There is established the Office
of the Chief Scientist.
(2) Chief scientist.--The Office of the Chief
Scientist shall be headed by a Chief Scientist, who
shall be appointed by the Under Secretary.
(3) Qualifications.--The Chief Scientist shall--
(A) be appointed from among distinguished
scientists with specialized training or
significant experience in a field related to
counterterrorism, traditional homeland security
missions, or national defense; and
(B) have earned an advanced degree at an
institution of higher education (as defined in
section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)).
(4) Responsibilities.--The Chief Scientist shall
oversee all research and development to--
(A) support basic and applied homeland
security research to promote revolutionary
changes in technologies that would promote
homeland security;
(B) advance the development, testing and
evaluation, standards coordination and
development, and deployment of critical
homeland security technologies;
(C) accelerate the prototyping and deployment
of technologies that would address homeland
security vulnerabilities;
(D) promote the award of competitive, merit-
reviewed grants, cooperative agreements or
contracts to public or private entities,
including business, federally funded research
and development centers, and universities; and
(E) oversee research and development for the
purpose of advancing technology for the
investigation of child exploitation crimes,
including child victim identification,
trafficking in persons, and child pornography,
and for advanced forensics.
(5) Coordination.--The Chief Scientist shall ensure
that the activities of the Directorate for Testing and
Evaluation of Science and Technology are coordinated
with those of other relevant research agencies, and may
oversee projects jointly with other agencies.
(6) Personnel.--In hiring personnel for the Science
and Technology Directorate, the Secretary shall have
the hiring and management authorities described in
section 1599h of title 10, United States Code. The term
of appointments for employees under subsection (c)(1)
of that section may not exceed 5 years before the
granting of any extension under subsection (c)(2) of
that section.
(7) Demonstrations.--The Chief Scientist,
periodically, shall hold homeland security technology
demonstrations, pilots, field assessments, and
workshops to improve contact among technology
developers, vendors, component personnel, State, local,
and tribal first responders, and acquisition personnel.
* * * * * * *
SEC. 315. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND
DEVELOPMENT.
(a) In General.-- * * *
(1) * * *
(2) interoperable emergency communications
capabilities among emergency response providers and
relevant government officials, including by--
(A) supporting research on a competitive
basis, including through the [Directorate of
Science and Technology and Homeland Security
Advanced Research Projects Agency] Directorate
Science and Technology and the Chief Scientist;
and
(B) considering the establishment of a Center
of Excellence under the Department of Homeland
Security Centers of Excellence Program focused
on improving emergency response providers'
communication capabilities.
(b) * * *
(c) * * *
SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
(a) In General.--The [Secretary shall] Secretary, acting
through the Assistant Secretary for Countering Weapons of Mass
Destruction Office, shall establish, operate, and maintain a
national Biosurveillance Integration Center (referred to in
this section as the ``NBIC''), which shall be headed by a
Directing Officer, under an office or directorate of the
Department that is in existence as of the date of the enactment
of this section.
SEC. 317. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION
PROGRAM.
(a) * * *
(b) Science and Technology Homeland Security International
Cooperative Programs Office.--
(1) * * *
(2) Director.--The Office shall be headed by a
Director, who--
(A) shall be selected[, in consultation with
the Assistant Secretary for International
Affairs,] by and shall report to the Under
Secretary; and
(B) * * *
(3) * * *
(4) Coordination.--The Director shall ensure that the
activities under this subsection are coordinated with
[the Office of International Affairs and] the
Department of State and, as appropriate, the Department
of Defense, the Department of Energy, and other
relevant Federal agencies or interagency bodies. The
Director may enter into joint activities with other
Federal agencies.
* * * * * * *
(f) Animal and Zoonotic Diseases.--As part of the
international cooperative activities authorized in this
section, the Under Secretary, in coordination with [the Chief
Medical Officer,] the Assistant Secretary for the Countering of
Weapons of Mass Destruction Office, the Department of State,
and appropriate officials of the Department of Agriculture, the
Department of Defense, and the Department of Health and Human
Services, may enter into cooperative activities with foreign
countries, including African nations, to strengthen American
preparedness against foreign animal and zoonotic diseases
overseas that could harm the Nation's agricultural and public
health sectors if they were to reach the United States.
* * * * * * *
[SEC. 319.] SEC. 320. EMP AND GMD MITIGATION RESEARCH AND DEVELOPMENT.
(a) * * *
(b) * * *
(c) Exemption from Disclosure.--
(1) Information shared with the federal government.--
[Section 214] Section 2224, and any regulations issued
pursuant to such section, shall apply to any
information shared with the Federal Government under
this section.
(2) Information shared by the federal government.--
Information shared by the Federal Government with a
State, local, or tribal government under this section
shall be exempt from disclosure under any provision of
State, local, or tribal freedom of information law,
open government law, open meetings law, open records
law, sunshine law, or similar law requiring the
disclosure of information or records.
SEC. 321. CANINE DETECTION RESEARCH AND DEVELOPMENT.
(a) In General.--In furtherance of domestic preparedness
and response, the Secretary, acting through the Under Secretary
for Science and Technology, and in consultation with other
relevant executive agencies, relevant State, local, and tribal
governments, and academic and industry stakeholders, shall, to
the extent practicable, conduct research and development of
canine detection technology to mitigate the risk of the threats
of existing and emerging weapons of mass destruction.
(b) Scope.--The scope of the research and development under
subsection (a) may include the following:
(1) Canine-based sensing technologies.
(2) Chem-Bio defense technologies.
(3) New dimensions of olfaction biology.
(4) Novel chemical sensing technologies.
(5) Advances in metabolomics and volatilomics.
(6) Advances in gene therapy, phenomics, and
molecular medicine.
(7) Reproductive science and technology.
(8) End user techniques, tactics, and procedures.
(9) National security policies, standards and
practices for canine sensing technologies.
(10) Protective technology, medicine, and treatments
for the canine detection platform.
(11) Domestic capacity and standards development.
(12) Emerging threat detection.
(13) Training aids.
(14) Genetic, behavioral, and physiological
optimization of the canine detection platform.
(c) Coordination and Collaboration.--The Secretary, acting
through the Under Secretary for Science and Technology, shall
ensure research and development activities are conducted in
coordination and collaboration with academia, all levels of
government, and private sector stakeholders.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
section.
SEC. 322. CYBERSECURITY RESEARCH AND DEVELOPMENT.
(a) In General.--The Under Secretary for Science and
Technology shall support the research, development, testing,
evaluation, and transition of cybersecurity technologies,
including fundamental research to improve the sharing of
information, information security, analytics, and methodologies
related to cybersecurity risks and incidents, consistent with
current law.
(b) Activities.--The research and development supported
under subsection (a) shall serve the components of the
Department and shall--
(1) advance the development and accelerate the
deployment of more secure information systems;
(2) improve and create technologies for detecting and
preventing attacks or intrusions, including real-time
continuous diagnostics, real-time analytic
technologies, and full life cycle information
protection;
(3) improve and create mitigation and recovery
methodologies, including techniques and policies for
real-time containment of attacks and development of
resilient networks and information systems;
(4) assist the development and support infrastructure
and tools to support cybersecurity research and
development efforts, including modeling, testbeds, and
data sets for assessment of new cybersecurity
technologies;
(5) assist the development and support of
technologies to reduce vulnerabilities in industrial
control systems;
(6) assist the development and support cyber
forensics and attack attribution capabilities;
(7) assist the development and accelerate the
deployment of full information life cycle security
technologies to enhance protection, control, and
privacy of information to detect and prevent
cybersecurity risks and incidents;
(8) assist the development and accelerate the
deployment of information security measures, in
addition to perimeter-based protections;
(9) assist the development and accelerate the
deployment of technologies to detect improper
information access by authorized users;
(10) assist the development and accelerate the
deployment of cryptographic technologies to protect
information at rest, in transit, and in use;
(11) assist the development and accelerate the
deployment of methods to promote greater software
assurance;
(12) assist the development and accelerate the
deployment of tools to securely and automatically
update software and firmware in use, with limited or no
necessary intervention by users and limited impact on
concurrently operating systems and processes; and
(13) assist in identifying and addressing
unidentified or future cybersecurity threats.
(c) Coordination.--In carrying out this section, the Under
Secretary for Science and Technology shall coordinate
activities with--
(1) the Director of Cybersecurity and Infrastructure
Security;
(2) the heads of other relevant Federal departments
and agencies, as appropriate; and
(3) industry and academia.
(d) Transition to Practice.--The Under Secretary for
Science and Technology shall--
(1) support projects carried out under this title
through the full life cycle of such projects, including
research, development, testing, evaluation, pilots, and
transitions;
(2) identify mature technologies that address
existing or imminent cybersecurity gaps in public or
private information systems and networks of information
systems, protect sensitive information within and
outside networks of information systems, identify and
support necessary improvements identified during pilot
programs and testing and evaluation activities, and
introduce new cybersecurity technologies throughout the
homeland security enterprise through partnerships and
commercialization; and
(3) target federally funded cybersecurity research
that demonstrates a high probability of successful
transition to the commercial market within 2 years and
that is expected to have a notable impact on the public
or private information systems and networks of
information systems.
(e) Definitions.--In this section:
(1) Cybersecurity risk.--The term ``cybersecurity
risk'' has the meaning given the term in section 2209.
(2) Homeland security enterprise.--The term
``homeland security enterprise'' means relevant
governmental and nongovernmental entities involved in
homeland security, including Federal, State, local, and
tribal government officials, private sector
representatives, academics, and other policy experts.
(3) Incident.--The term ``incident'' has the meaning
given the term in section 2209.
(4) Information system.--The term ``information
system'' has the meaning given the term in section 3502
of title 44, United States Code.
(5) Software assurance.--The term ``software
assurance'' means confidence that software--
(A) is free from vulnerabilities, either
intentionally designed into the software or
accidentally inserted at any time during the
life cycle of the software; and
(B) functioning in the intended manner.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle C--Miscellanous Provisions
* * * * * * *
SEC. 427. COORDINATION OF INFORMATION AND INFORMATION TECHNOLOGY.
(a) * * *
(b) * * *
[(c)] * * *
* * * * * * *
[SEC. 431. OFFICE OF CARGO SECURITY POLICY.]
* * * * * * *
Subtitle F--General Immigration Provisions
* * * * * * *
[SEC. 475. DIRECTOR OF SHARED SERVICES.]
SEC. 476. SEPARATION OF FUNDING.
(a) In General.--There shall be established separate
accounts in the Treasury of the United States for appropriated
funds and other deposits available for the [Bureau of
Citizenship and Immigration Services] United States Citizenship
and Immigration Services and the [Bureau of Border Security]
U.S. Immigration and Customs Enforcement.
(b) Separate Budgets.--To ensure that the [Bureau of
Citizenship and Immigration Services] United States Citizenship
and Immigration Services and the [Bureau of Border Security]
U.S. Immigration and Customs Enforcement are funded to the
extent necessary to fully carry out their respective functions,
the Director of the Office of Management and Budget shall
separate the budget requests for each such entity.
(c) Fees.--Fees imposed for a particular service,
application, or benefit shall be deposited into the account
established under subsection (a) that is for the bureau with
jurisdiction over the function to which the fee relates.
(d) Fees Not Transferable.--No fee may be transferred
between [the Bureau of Citizenship and Immigration Services]
United States Citizenship and Immigration Services and [the
Bureau of Border Security] U.S. Immigration and Customs
Enforcement for purposes not authorized by section
* * * * * * *
SEC. 478. ANNUAL REPORT ON IMMIGRATION FUNCTIONS.
(a) Annual [Report.--
[(1) In General.--One year]Report.--One year after
the date of the enactment of this Act, and each year
thereafter, the Secretary shall submit a report to the
President, to the Committees on the Judiciary and
Government Reform of the House of Representatives, and
to the Committees on the Judiciary and Government
Affairs of the Senate, on the impact the transfers made
by this subtitle has had on immigration functions.
[(2)](b) [Matter Included] Matter Included.--The report
shall address the following with respect to the period covered
by the report:
[(A)](1) The aggregate number of all immigration
applications and petitions received, and processed, by
the Department.
[(B)](2) Region-by-region statistics on the aggregate
number of immigration applications and petitions filed
by an alien (or filed on behalf of an alien) and
denied, disaggregated by category of denial and
application or petition type.
[(C)](3) The quantity of backlogged immigration
applications and petitions that have been processed,
the aggregate number awaiting processing, and a
detailed plan for eliminating the backlog.
[(D)](4) The average processing period for
immigration applications and petitions, disaggregated
by application or petition type.
[(E)](5) The number and types of immigration-related
grievances filed with any official of the Department of
Justice, and if those grievances were resolved.
[(F)](6) Plans to address grievances and improve
immigration services.
[(G)](7) Whether immigration-related fees were used
consistent with legal requirements regarding such use.
[(H)](8) Whether immigration-related questions
conveyed by customers to the Department (whether
conveyed in person, by telephone, or by means of the
Internet) were answered effectively and efficiently.
[(b) Sense of Congress Regarding Immigration Services.--It
is the sense of Congress that--
[(1) the quality and efficiency of immigration
services rendered by the Federal Government should be
improved after the transfers made by this subtitle take
effect; and
[(2) the Secretary should undertake efforts to
guarantee that concerns regarding the quality and
efficiency of immigration services are addressed after
such effective date.]
* * * * * * *
TITLE V--NATIONAL EMERGENCY MANAGEMENT
SEC. 501. DEFINITIONS.
In this title--
(1) * * *
* * * * * * *
(8) the term [``National Response Plan''] ``National
Response Framework'' means the [National Response Plan]
National Response Framework or any successor plan
prepared under section [502(a)(6)] 504(a)(6);
(9) the term ``Nuclear Incident Response Team'' means
a resource that includes--
(A) those entities of the Department of
Energy that perform nuclear or radiological
emergency support functions (including accident
response, search response, advisory, and
technical operations functions), radiation
exposure functions at the medical assistance
facility known as the Radiation Emergency
Assistance Center/Training Site (REAC/TS),
radiological assistance functions, and related
functions; and
(B) those entities of the Environmental
Protection Agency that perform such support
functions (including radiological emergency
response functions) and related functions.
[(9)](10) * * *
[(10)](11) * * *
[(11)](12) * * *
[(12)](13) * * *
[(13)](14) the term ``tribal government'' means the
government of any entity described in [section
2(13)(B)]section 2(26)(B); and
[(14)](15) * * *
[SEC. 502. DEFINITION.]
SEC. 503. FEDERAL EMERGENCY MANAGEMENT AGENCY.
(a) * * *
(b) Mission.--
(1) * * *
(2) Specific activities.--In support of the primary
mission of the Agency, the Administrator shall--
(A) lead the Nation's efforts to prepare for,
protect against, respond to, recover from, and
mitigate against the risk of natural disasters,
acts of terrorism, and other manmade disasters,
including catastrophic incidents and incidents
impacting critical infrastructure;
* * * * * * *
(G) provide funding, training, exercises,
technical assistance, planning, and other
assistance to build tribal, local, State,
regional, and national capabilities (including
communications capabilities), necessary to
respond to a natural disaster, act of
terrorism, or other man-made disaster; [and]
(H) develop and coordinate the implementation
of a risk-based, all-hazards strategy for
preparedness that builds those common
capabilities necessary to respond to natural
disasters, acts of terrorism, and other man-
made disasters while also building the unique
capabilities necessary to respond to specific
types of incidents that pose the greatest risk
to our Nation[.]; and
(I) identify and integrate the needs of
children into activities to prepare for,
protect against, respond to, recover from, and
mitigate against natural disasters, acts of
terrorism, and other man-made disasters,
including catastrophic incidents, including by
appointing a technical expert, who may consult
with relevant outside organizations and
experts, as necessary, to coordinate such
activities, as necessary.
(c) * * *
SEC. 504. AUTHORITY AND RESPONSIBILITIES.
(a) * * *
(1) * * *
(2) * * *
(3) providing the Federal Government's response to
terrorist attacks and major disasters, [including--]
(which shall include incidents impacting critical
infrastructure), including--
* * * * * * *
(4) aiding the recovery from terrorist attacks and
major disasters, including incidents impacting critical
infrastructure;
(5) building a comprehensive national incident
management system with Federal, State, [and local]
local, and tribal government personnel, agencies, and
authorities, to respond to such attacks and disasters;
(6) consolidating existing Federal Government
emergency response plans into a single, coordinated
[national response plan] national response framework,
which shall be reviewed and updated as required but not
less than every 5 years;
(7) developing integrated frameworks, to include
consolidating existing Government plans addressing
prevention, protection, mitigation, and recovery with
such frameworks reviewed and updated as required, but
not less than every 5 years;
[(7)](8) * * *
[(8)](9) * * *
[(9)](10) * * *
[(10)](11) * * *
[(11)](12) * * *
[(12)](13) * * *
[(13)](14) administering, periodically updating (but
not less than once every 5 years), and ensuring the
implementation of the [National Response Plan] National
Response Framework, including coordinating and ensuring
the readiness of each emergency support function under
the National Response Plan;
[(14)](15) * * *
[(15)](16) * * *
[(16)](17) * * *
[(17)](18) * * *
[(18)](19) * * *
[(19)](20) * * *
[(20)](21) * * *
[(21)](22) * * *
(b) * * *
SEC. 505. FUNCTIONS TRANSFERRED.
(a) * * *
(b) Exceptions.--The following within the Preparedness
Directorate shall not be transferred:
(1) The Office of Infrastructure Protection.
(2) The National Communications System.
(3) The National Cybersecurity Division.
[(4) The Office of the Chief Medical Officer.]
[(5]](4) The functions, personnel, assets,
components, authorities, and liabilities of each
component described under paragraphs (1) [through (4)]
through (3).
SEC. 506. PRESERVING THE FEDERAL EMERGENCY MANAGEMENT AGENCY
(a) * * *
[(b) Reorganization.--Section 872 shall not apply to the
Agency, including any function or organizational unit of the
Agency.]\148\
---------------------------------------------------------------------------
\148\The bill as reported by the Committee retained a provision in
H.R. 2825 as passed by the House of Representatives that would have
removed Section 872 of the Homeland Security Act of 2002. Retaining
this provision of the House bill was a drafting error by the Committee
that will be corrected before any action is taken by the full Senate on
the bill on the floor. The Chairman favors DHS retaining its ability to
reorganize under Section 872.
---------------------------------------------------------------------------
[(c)](b) Prohibition on Changes to Missions.--
(1) In general.--The Secretary may not substantially
or significantly reduce, including through a Joint Task
Force established under [section 708] section 707, the
authorities, responsibilities, or functions of the
Agency or the capability of the Agency to perform those
missions, authorities, responsibilities, except as
otherwise specifically provided in an Act enacted after
the date of enactment of the Post-Katrina Emergency
Management Reform Act of 2006.
(2) Certain transfers prohibited.--No asset,
function, or mission of the Agency may be diverted to
the principal and continuing use of any other
organization, unit, or entity of the Department,
including a Joint Task Force established under [section
708] section 707, except for details or assignments
that do not reduce the capability of the Agency to
perform its missions.
[(d)](c) * * *
SEC. 507. REGIONAL OFFICES.
(a) * * *
(b) * * *
(c) Responsibilities.--
(1) * * *
(2) Responsibilities.--The responsibilities of a
Regional Administrator include--
(A) * * *
* * * * * * *
(E) designating an individual responsible for
the development of strategic and operational
regional plans in support of the [National
Response Plan] National Response Framework;
* * * * * * *
(3) Training and exercise requirements.--
(A) Training.--The Administrator shall
require each Regional Administrator to undergo
specific training periodically to complement
the qualifications of the Regional
Administrator. Such training, as appropriate,
shall include training with respect to the
National Incident Management System, the
[National Response Plan] National Response
Framework, and such other subjects as
determined by the Administrator.
(B) * * *
(d) * * *
(e) * * *
(f) Regional Office Strike Teams.--
(1) * * *
(A) a designated Federal coordinating
officer;
* * * * * * *
(G) individuals from the agencies with
primary responsibility for each of the
emergency support functions in the [National
Response Plan] National Response Framework.
* * * * * * *
SEC. 508. NATIONAL ADVISORY COUNCIL.
(a) * * *
(b) Responsibilities.--
(1) In general.--The National Advisory Council shall
advise the Administrator on all aspects of emergency
management. The National Advisory Council shall
incorporate State, local, and tribal government and
private sector input in the development and revision of
the national preparedness goal, the national
preparedness system, the National Incident Management
System, the [National Response Plan] National Response
Framework, and other related plans and strategies.
(2) * * *
(c) * * *
(d) RESPONSE Subcommittee.--
(1) * * *
(2) Membership.--Notwithstanding subsection (c), the
RESPONSE Subcommittee shall be composed of the
following:
(A) [The Deputy Administrator, Protection and
National Preparedness] A Deputy Administrator
of the Federal Emergency Management Agency, or
designee.
(B) * * *
(C) * * *
(D) The [Director of the Office of Emergency
Communications of the Department of Homeland
Security] The Assistant Director for Emergency
Communications, or designee.
* * * * * * *
SEC. 509. NATIONAL INTEGRATION CENTER.
(a) In General.--There is established in the Agency a
National Integration Center.
(b) Responsibilities.--
(1) In general.--The Administrator, through the
National Integration Center, and in consultation with
other Federal departments and agencies and the National
Advisory Council, shall ensure ongoing management and
maintenance of the National Incident Management System,
the [National Response Plan] National Response
Framework, National Protection Framework, National
Prevention Framework, National Mitigation Framework,
National Recovery Framework, and any [successor]
successors to such system or [plan] framework.
(2) Specific responsibilities.--The National
Integration Center shall periodically, but not less
often than once every 5 years, review, and revise as
appropriate, the National Incident Management System
and the [National Response Plan] National Response
Framework, including--
(A) * * *
(B) * * *
(C) revising the Catastrophic Incident Annex,
finalizing and releasing the Catastrophic
Incident Supplement to the [National Response
Plan] National Response Framework, and ensuring
that both effectively address response
requirements in the event of a catastrophic
incident.
(c) Incident Management.--
(1) In general.--
(A) [National Response Plan] National
response framework._The Secretary, acting
through the Administrator, shall ensure that
the [National Response Plan] National Response
Framework provides for a clear chain of command
to lead and coordinate the Federal response to
any natural disaster, act of terrorism, or
other man-made disaster.
(B) Administrator.--The chain of the command
specified in the [National Response Plan]
National Response Framework shall--
(2) Principal federal official; joint task force.--
The Principal Federal Official (or the successor
thereto) or Director of a Joint Task Force established
under [section 708] section 707 shall not--
(A) * * *
(B) * * *
SEC. 510. CREDENTIALING AND TYPING.
(a) In General.--The Administrator shall [enter into a
memorandum of understanding] partner with the administrators of
the Emergency Management Assistance Compact, State, local, and
tribal governments, and organizations that represent emergency
response providers, to collaborate on developing standards for
deployment capabilities, including for credentialing and typing
of incident management personnel, emergency response providers,
and other personnel (including temporary personnel) and
resources likely needed to respond to natural disasters, acts
of terrorism, and other manmade disasters.
(b) Distribution.--
(1) In general.-- * * *
(A) each Federal agency that has
responsibilities under the [National Response
Plan] National Response Framework to aid that
agency with credentialing and typing incident
management personnel, emergency response
providers, and other personnel (including
temporary personnel) and resources likely
needed to respond to a natural disaster, act of
terrorism, or other man-made disaster; and
(B) * * *
(2) * * *
(c) Credentialing and Typing of Personnel.--Not later than
6 months after receiving the standards provided under
subsection (b), each Federal agency with responsibilities under
the [National Response Plan] National Response Framework shall
ensure that incident management personnel, emergency response
providers, and other personnel (including temporary personnel)
and resources likely needed to respond to a natural disaster,
act of terrorism, or other manmade disaster are credentialed
and typed in accordance with this section.
* * * * * * *
SEC. 513. DISABILITY COORDINATOR.
[(a) In General.--After consultation with organizations
representing individuals with disabilities, the National
Council on Disabilities, and the Interagency Coordinating
Council on Preparedness and Individuals with Disabilities,
established under Executive Order No. 13347 (6 U.S.C. 312
note), the Administrator shall appoint a Disability
Coordinator. The Disability Coordinator shall report directly
to the Administrator, in order to ensure that the needs of
individuals with disabilities are being properly addressed in
emergency preparedness and disaster relief.
[(b) Responsibilities.--The Disability Coordinator shall be
responsible for--
[(1) providing guidance and coordination on matters
related to individuals with disabilities in emergency
planning requirements and relief efforts in the event
of a natural disaster, act of terrorism, or other man-
made disaster;
[(2) interacting with the staff of the Agency, the
National Council on Disabilities, the Interagency
Coordinating Council on Preparedness and Individuals
with Disabilities established under Executive Order No.
13347 (6 U.S.C. 312 note), other agencies of the
Federal Government, and State, local, and tribal
government authorities regarding the needs of
individuals with disabilities in emergency planning
requirements and relief efforts in the event of a
natural disaster, act of terrorism, or other man-made
disaster;
[(3) consulting with organizations that represent the
interests and rights of individuals with disabilities
about the needs of individuals with disabilities in
emergency planning requirements and relief efforts in
the event of a natural disaster, act of terrorism, or
other man-made disaster;
[(4) ensuring the coordination and dissemination of
best practices and model evacuation plans for
individuals with disabilities;
[(5) ensuring the development of training materials
and a curriculum for training of emergency response
providers, State, local, and tribal government
officials, and others on the needs of individuals with
disabilities;
[(6) promoting the accessibility of telephone
hotlines and websites regarding emergency preparedness,
evacuations, and disaster relief;
[(7) working to ensure that video programming
distributors, including broadcasters, cable operators,
and satellite television services, make emergency
information accessible to individuals with hearing and
vision disabilities;
[(8) ensuring the availability of accessible
transportation options for individuals with
disabilities in the event of an evacuation;
[(9) providing guidance and implementing policies to
ensure that the rights and wishes of individuals with
disabilities regarding post-evacuation residency and
relocation are respected;
[(10) ensuring that meeting the needs of individuals
with disabilities are included in the components of the
national preparedness system established under section
644 of the Post-Katrina Emergency Management Reform Act
of 2006; and
[(11) any other duties as assigned by the
Administrator.]
SEC. 513. OFFICE OF DISABILITY INTEGRATION AND COORDINATION.
(a) In General.--There is established within the Agency an
Office of Disability Integration and Coordination (in this
section referred to as the ``Office''), which shall be headed
by a Director.
(b) Mission.--The mission of the Office is to ensure that
individuals with disabilities and other access and functional
needs are included in emergency management activities
throughout the Agency by providing guidance, tools, methods,
and strategies for the purpose of equal physical program and
effective communication access.
(c) Responsibilities.--In support of the mission of the
Office, the Director shall--
(1) provide guidance and coordination on matters
related to individuals with disabilities in emergency
planning requirements and relief efforts in the event
of a natural disaster, act of terrorism, or other man-
made disaster;
(2) oversee Office employees responsible for
disability integration in each regional office with
respect to carrying out the mission of the Office;
(3) liaise with other employees of the Agency,
including nonpermanent employees, organizations
representing individuals with disabilities, other
agencies of the Federal Government, and State, local,
and tribal government authorities regarding the needs
of individuals with disabilities in emergency planning
requirements and relief efforts in the event of a
natural disaster, act of terrorism, or other man-made
disaster;
(4) coordinate with the technical expert on the needs
of children within the Agency to provide guidance and
coordination on matters related to children with
disabilities in emergency planning requirements and
relief efforts in the event of a natural disaster, act
of terrorism, or other man-made disaster;
(5) consult with organizations representing
individuals with disabilities about access and
functional needs in emergency planning requirements and
relief efforts in the event of a natural disaster, act
of terrorism, or other man-made disaster;
(6) ensure the coordination and dissemination of best
practices and model evacuation plans for individuals
with disabilities;
(7) collaborate with Agency leadership responsible
for training to ensure that qualified experts develop
easily accessible training materials and a curriculum
for the training of emergency response providers,
State, local, and tribal government officials, and
others on the needs of individuals with disabilities;
(8) coordinate with the Emergency Management
Institute, the Center for Domestic Preparedness, Center
for Homeland Defense and Security, the United States
Fire Administration, the national exercise program
described in section 648(b) of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C.
748(b)), and the National Domestic Preparedness
Consortium to ensure that content related to persons
with disabilities, access and functional needs, and
children are integrated into existing and future
emergency management trainings;
(9) promote the accessibility of telephone hotlines
and websites regarding emergency preparedness,
evacuations, and disaster relief;
(10) work to ensure that video programming
distributors, including broadcasters, cable operators,
and satellite television services, make emergency
information accessible to individuals with hearing and
vision disabilities;
(11) ensure the availability of accessible
transportation options for individuals with
disabilities in the event of an evacuation;
(12) provide guidance and implement policies to
ensure that the rights and feedback of individuals with
disabilities regarding post-evacuation residency and
relocation are respected;
(13) ensure that meeting the needs of individuals
with disabilities are included in the components of the
national preparedness system established under section
644 of the Post-Katrina Emergency Management Reform Act
of 2006 (6 U.S.C. 744); and
(14) perform any other duties as assigned by the
Administrator.
(d) Director.--After consultation with organizations
representing individuals with disabilities, the Administrator
shall appoint a Director. The Director shall report directly to
the Administrator, in order to ensure that the needs of
individuals with disabilities are being properly addressed in
emergency preparedness and disaster relief.
(e) Organizations Representing Individuals with
Disabilities Defined.--For purposes of this section, the term
``organizations representing individuals with disabilities''
means the National Council on Disabilities, the Interagency
Coordinating Council on Preparedness and Individuals with
Disabilities, and other appropriate disability organizations.
SEC. 514. DEPARTMENT AND AGENCY OFFICIALS.
(a) Deputy Administrators.--The President may appoint, by
and with the advice and consent of the Senate, not more than 4
Deputy Administrators to assist the Administrator in carrying
out this title.
[(b) Cybersecurity and Communications.--There is in the
Department an Assistant Secretary for Cybersecurity and
Communications.]
[(c)](b) United States Fire Administration.--The
Administrator of the United States Fire Administration shall
have a rank equivalent to an assistant secretary of the
Department.
SEC. 515. NATIONAL OPERATIONS CENTER.
(a) * * *
(b) * * *
(c) State and Local Emergency Responder Representation.--
(1) Establishment of positions.--The Secretary shall
establish a position, on a rotating basis, for a
representative of State [and local], local, and tribal
emergency responders at the National Operations Center
established under subsection (b) to ensure the
effective sharing of information between the Federal
Government and State [and local], local, and tribal
emergency response services.
(2) * * *
[SEC. 516. CHIEF MEDICAL OFFICER.]
* * * * * * *
SEC. 523. GUIDANCE AND RECOMMENDATIONS.
(a) In General.--Consistent with their responsibilities and
authorities under law, as of the day before the date of the
enactment of this section, the Administrator and the [Assistant
Secretary for Infrastructure Protection] Director of
Cybersecurity and Infrastructure Security, in consultation with
the private sector, may develop guidance or recommendations and
identify best practices to assist or foster action by the
private sector in--
* * * * * * *
(c) Small Business Concerns.--In developing guidance or
recommendations or identifying best practices under subsection
(a), the Administrator and the [Assistant Secretary for
Infrastructure Protection] Director of Cybersecurity and
Infrastructure Security shall take into consideration small
business concerns (under the meaning given that term in section
3 of the Small Business Act (15 U.S.C. 632)), including any
need for separate guidance or recommendations or best
practices, as necessary and appropriate.
(d) * * *
[SEC. 524. VOLUNTARY PRIVATE SECTOR PREPAREDNESS ACCREDITATION AND
CERTIFICATION PROGRAM.]
SEC. 525. ACCEPTANCE OF GIFTS.
(a) Authority.--The [Secretary]Administrator may accept and
use gifts of property, both real and personal, and may accept
gifts of services, including from guest lecturers, for
otherwise authorized activities of the Center for Domestic
Preparedness that are related to efforts to prevent, prepare
for, protect against, or respond to a natural disaster, act of
terrorism, or other man-made disaster, including the use of a
weapon of mass destruction.
(b) Prohibition.--The [Secretary]Administrator may not
accept a gift under this section if the [Secretary]
Administrator determines that the use of the property or
services would compromise the integrity or appearance of
integrity of--
(1) a program of the Department; or
(2) an individual involved in a program of the
Department.
(c) Report.--
(1) In general.--The [Secretary]Administrator 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
annual report disclosing--
(A) any gifts that were accepted under this
section during the year covered by the report;
(B) how the gifts contribute to the mission
of the Center for Domestic Preparedness; and
(C) the amount of Federal savings that were
generated from the acceptance of the gifts.
(2) Publication.--Each report required under
paragraph (1) shall be made publically available.
* * * * * * *
SEC. 528. COORDINATION OF DEPARTMENT OF HOMELAND SECURITY EFFORTS
RELATED TO FOOD, AGRICULTURE, AND VETERINARY
DEFENSE AGAINST TERRORISM.
(a) Program Required.--The Secretary, acting through the
Assistant Secretary for [Health Affairs,] the Countering
Weapons of Mass Destruction Office, shall carry out a program
to coordinate the Department's efforts related to defending the
food, agriculture, and veterinary systems of the United States
against terrorism and other high-consequence events that pose a
high risk to homeland security. is in the Department a Chief
Medical Officer, who shall be appointed by the President.
(b) * * *
(C) * * *
SEC. 529. JOINT COUNTERTERRORISM AWARENESS WORKSHOP SERIES.
(a) In General.--The Administrator, in consultation with
the Director of the National Counterterrorism Center and the
Director of the Federal Bureau of Investigation, shall
establish a Joint Counterterrorism Awareness Workshop Series
(in this section referred to as the ``Workshop Series'') to--
(1) address emerging terrorist threats; and
(2) enhance the ability of State and local
jurisdictions to prevent, protect against, respond to,
and recover from terrorist attacks.
(b) Purpose.--The Workshop Series established under
subsection (a) shall include--
(1) reviewing existing preparedness, response, and
interdiction plans, policies, and procedures related to
terrorist attacks of the participating jurisdictions
and identifying gaps in those plans, operational
capabilities, response resources, and authorities;
(2) identifying Federal, State, and local resources
available to address the gaps identified under
paragraph (1);
(3) providing assistance, through training,
exercises, and other means, to build or sustain, as
appropriate, the capabilities to close those identified
gaps;
(4) examining the roles and responsibilities of
participating agencies and respective communities in
the event of a terrorist attack;
(5) improving situational awareness and information
sharing among all participating agencies in the event
of a terrorist attack; and
(6) identifying and sharing best practices and
lessons learned from the Workshop Series.
(c) Designation of Participating Cities.--The Administrator
shall select jurisdictions to host a Workshop Series from those
cities that--
(1) are currently receiving, or that previously
received, funding under section 2003; and
(2) have requested to be considered.
(d) Workshop Series Participants.--Individuals from State
and local jurisdictions and emergency response providers in
cities designated under subsection (c) shall be eligible to
participate in the Workshop Series, including--
(1) senior elected and appointed officials;
(2) law enforcement;
(3) fire and rescue;
(4) emergency management;
(5) emergency medical services;
(6) public health officials;
(7) private sector representatives;
(8) representatives of nonprofit organizations; and
(9) other participants as deemed appropriate by the
Administrator.
(e) Reports.--
(1) Workshop series report.--The Administrator, in
consultation with the Director of the National
Counterterrorism Center, the Director of the Federal
Bureau of Investigation, and officials from the city in
which a Workshop Series is held, shall develop and
submit to all of the agencies participating in the
Workshop Series a report after the conclusion of the
Workshop Series that addresses--
(A) key findings about lessons learned and
best practices from the Workshop Series; and
(B) potential mitigation strategies and
resources to address gaps identified during the
Workshop Series.
(2) Annual reports.--Not later than 1 year after the
date of enactment of this section and annually
thereafter for 5 years, the Administrator, in
consultation with the Director of the National
Counterterrorism Center and the Director of the Federal
Bureau of Investigation, shall submit to the Committee
on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the
House of Representatives a comprehensive summary report
of the key themes, lessons learned, and best practices
identified during the Workshop Series held during the
previous year.
(f) Authorization.--There is authorized to be appropriated
$1,000,000 for each of fiscal years 2018 through 2022 to carry
out this section.
SEC. 530. CENTER FOR FAITH-BASED AND NEIGHBORHOOD PARTNERSHIPS.
(a) In General.--There is established in the Agency a
Center for Faith-Based and Neighborhood Partnerships, headed by
a Director appointed by the Secretary.
(b) Mission.--The mission of the Center shall be to develop
and coordinate departmental outreach efforts with faith-based
and community organizations and serve as a liaison between
those organizations and components of the Department for
activities related to securing facilities, emergency
preparedness and response, and combating human trafficking.
(c) Responsibilities.--In support of the mission of the
Center for Faith-Based and Neighborhood Partnerships, the
Director shall--
(1) develop exercises that engage faith-based and
community organizations to test capabilities for all
hazards, including active shooter incidents;
(2) coordinate the delivery of guidance and training
to faith-based and community organizations related to
securing their facilities against natural disasters,
acts of terrorism, and other man-made disasters;
(3) conduct outreach to faith-based and community
organizations regarding guidance, training, and
exercises and departmental capabilities available to
assist faith-based and community organizations to
secure their facilities against natural disasters, acts
of terrorism, and other man-made disasters;
(4) facilitate engagement and coordination among the
emergency management community and faith-based and
community organizations;
(5) deliver training and technical assistance to
faith-based and community organizations and provide
subject-matter expertise related to anti-human
trafficking efforts to help communities successfully
partner with other components of the Blue Campaign of
the Department; and
(6) perform any other duties as assigned by the
Administrator.
SEC. 531. SENIOR LAW ENFORCEMENT ADVISOR.
(a) Establishment.--The Administrator shall appoint a
Senior Law Enforcement Advisor to serve as a qualified expert
to the Administrator for the purpose of strengthening the
Agency's coordination among State, local, and tribal law
enforcement.
(b) Qualifications.--The Senior Law Enforcement Advisor
shall have an appropriate background with experience in law
enforcement, information sharing, and other emergency response
functions.
(c) Responsibilities.--The Senior Law Enforcement Advisor
shall--
(1) coordinate on behalf of the Administrator with
the Office for State and Local Law Enforcement under
section 2006 for the purpose of ensuring State, local,
and tribal law enforcement receive consistent and
appropriate consideration in policies, guidance,
training, and exercises related to preventing,
preparing for, protecting against, and responding to
natural disasters, acts of terrorism, and other man-
made disasters within the United States;
(2) work with the Administrator and the Office for
State and Local Law Enforcement under section 2006 to
ensure grants to State, local, and tribal government
agencies, including programs under sections 2003, 2004,
and 2006(a), appropriately focus on terrorism
prevention activities; and
(3) serve other appropriate functions as determined
by the Administrator.
* * * * * * *
TITLE VII--MANAGEMENT
* * * * * * *
SEC. 701. UNDER SECRETARY FOR MANAGEMENT.
(a) In General.-- * * *
(1) The budget, appropriations, expenditures of
funds, accounting, and finance.
(2) Procurement and acquisition management.
* * * * * * *
(d) Acquisition and Related Responsibilities.--
(1) In general.--Notwithstanding subsection (a) of
section 1702 of title 41, United States Code, the Under
Secretary for Management--
(A) is the Chief Acquisition Officer of the
Department;
(B) shall have the authorities and perform
the functions specified in subsection (b) of
such section; and
(C) shall perform all other functions and
responsibilities delegated by the Secretary or
described in this subsection.
(2) Functions and responsibilities.--In addition to
the authorities and functions specified in section
1702(b) of title 41, United States Code, the functions
and responsibilities of the Under Secretary for
Management related to acquisition include the
following:
(A) Advising the Secretary regarding
acquisition management activities, taking into
account risks of failure to achieve cost,
schedule, or performance parameters, to ensure
that the Department achieves the mission of the
Department through the adoption of widely
accepted program management best practices and
standards and, where appropriate, acquisition
innovation best practices.
(B) Leading the acquisition oversight body of
the Department, the Acquisition Review Board,
and exercising the acquisition decision
authority to approve, pause, modify, including
the rescission of approvals of program
milestones, or cancel major acquisition
programs, unless the Under Secretary delegates
that authority to a Component Acquisition
Executive pursuant to paragraph (3).
(C) Establishing policies for acquisition
that implement an approach that takes into
account risks of failure to achieve cost,
schedule, or performance parameters that all
components of the Department shall comply with,
including outlining relevant authorities for
program managers to effectively manage
acquisition programs.
(D) Ensuring that each major acquisition
program has a Department-approved acquisition
program baseline pursuant to the acquisition
management policy of the Department.
(E) Ensuring that the heads of components and
Component Acquisition Executives comply with
Federal law, the Federal Acquisition
Regulation, and Department acquisition
management directives.
(F) Providing additional scrutiny and
oversight for an acquisition that is not a
major acquisition if--
(i) the acquisition is for a program
that is important to departmental
strategic and performance plans;
(ii) the acquisition is for a program
with significant program or policy
implications; and
(iii) the Secretary determines that
the scrutiny and oversight for the
acquisition is proper and necessary.
(G) Ensuring that grants and financial
assistance are provided only to individuals and
organizations that are not suspended or
debarred.
(H) Distributing guidance throughout the
Department to ensure that contractors involved
in acquisitions, particularly contractors that
access the information systems and technologies
of the Department, adhere to relevant
Department policies related to physical and
information security as identified by the Under
Secretary for Management.
(I) Overseeing the Component Acquisition
Executive organizational structure to ensure
Component Acquisition Executives have
sufficient capabilities and comply with
Department acquisition policies.
(J) Ensuring acquisition decision memoranda
adequately document decisions made at
acquisition decision events, including the
rationale for decisions made to allow programs
to deviate from the requirement to obtain
approval by the Department for certain
documents at acquisition decision events.
(3) Delegation of acquisition decision authority.--
(A) Level 3 acquisitions.--The Under
Secretary for Management may delegate
acquisition decision authority in writing to
the relevant Component Acquisition Executive
for an acquisition program that has a life
cycle cost estimate of less than $300,000,000.
(B) Level 2 acquisitions.--The Under
Secretary for Management may delegate
acquisition decision authority in writing to
the relevant Component Acquisition Executive
for a major acquisition program that has a life
cycle cost estimate of not less than
$300,000,000 but not more than $1,000,000,000
if all of the following requirements are met:
(i) The component concerned possesses
working policies, processes, and
procedures that are consistent with
Department-level acquisition policy.
(ii) The Component Acquisition
Executive concerned has a well-trained
and experienced workforce, commensurate
with the size of the acquisition
program and related activities
delegated to the Component Acquisition
Executive by the Under Secretary for
Management.
(iii) Each major acquisition
concerned has written documentation
showing that the acquisition has a
Department-approved acquisition program
baseline and the acquisition is meeting
agreed-upon cost, schedule, and
performance thresholds.
(4) Relationship to under secretary for science and
technology.--
(A) In general.--Nothing in this subsection
shall diminish the authority granted to the
Under Secretary for Science and Technology
under this Act. The Under Secretary for
Management and the Under Secretary for Science
and Technology shall cooperate in matters
related to the coordination of acquisitions
across the Department so that investments of
the Directorate of Science and Technology are
able to support current and future requirements
of the components of the Department.
(B) Testing and evaluation acquisition
support.--The Under Secretary for Science and
Technology shall--
(i) ensure, in coordination with
relevant component heads, that all
relevant acquisition programs--
(I) complete reviews of
operational requirements to
ensure the requirements are
measurable, testable, and
achievable within the
constraints of cost and
schedule;
(II) integrate applicable
standards into development
specifications;
(III) complete systems
engineering reviews and
technical assessments during
development to inform
production and deployment
decisions;
(IV) complete independent
testing and evaluation of
technologies and systems;
(V) use independent
verification and validation of
operational testing and
evaluation implementation and
results; and
(VI) document whether such
programs meet all performance
requirements included in their
acquisition program baselines;
(ii) ensure that such operational
testing and evaluation includes all
system components and incorporates
operators into the testing to ensure
that systems perform as intended in the
appropriate operational setting; and
(iii) determine if testing conducted
by other Federal agencies and private
entities is relevant and sufficient in
determining whether systems perform as
intended in the operational setting.
[(d)](e) * * *
[(e)](f) * * *
[(f)](g) * * *
SEC. 702. CHIEF FINANCIAL OFFICER.
(a) In General.--[The Chief]
(1) Functions.--The Chief Financial Officer shall
perform functions as specified in chapter 9 of title
31, United States Code, and, with respect to all such
functions and other responsibilities that may be
assigned to the Chief Financial Officer from time to
time, shall also report to the Under Secretary for
Management.
(2) Acquisition Authorities.--The Chief Financial
Officer, in coordination with the Under Secretary for
Management, shall oversee the costs of acquisition
programs and related activities to ensure that actual
and planned costs are in accordance with budget
estimates and are affordable, or can be adequately
funded, over the life cycle of such programs and
activities.
(b) Responsibilities.--In carrying out the
responsibilities, authorities, and functions specified in
section 902 of title 31, United States Code, the Chief
Financial Officer shall--
(1) oversee Department budget formulation and
execution;
(2) lead and provide guidance on performance-based
budgeting practices for the Department to ensure that
the Department and its components are meeting missions
and goals;
(3) lead cost-estimating practices for the
Department, including the development of policies on
cost estimating and approval of life cycle cost
estimates;
(4) coordinate with the Office of Strategy, Policy,
and Plans to ensure that the development of the budget
for the Department is compatible with the long-term
strategic plans, priorities, and policies of the
Secretary;
(5) develop financial management policy for the
Department and oversee the implementation of such
policy, including the establishment of effective
internal controls over financial reporting systems and
processes throughout the Department;
(6) lead financial system modernization efforts
throughout the Department;
(7) lead the efforts of the Department related to
financial oversight, including identifying ways to
streamline and standardize business processes;
(8) oversee the costs of acquisition programs and
related activities to ensure that actual and planned
costs are in accordance with budget estimates and are
affordable, or can be adequately funded, over the
lifecycle of such programs and activities;
(9) fully implement a common accounting structure to
be used across the entire Department by fiscal year
2020;
(10) participate in the selection, performance
planning, and review of cost estimating positions with
the Department;
(11) track, approve, oversee, and make public
information on expenditures by components of the
Department for conferences, as appropriate, including
by requiring each component to--
(A) report to the Inspector General of the
Department the expenditures by such component
for each conference hosted for which the total
expenditures of the Department exceed $100,000,
within 15 days after the date of the
conference; and
(B) with respect to such expenditures,
provide to the Inspector General--
(i) the information described in
subsections (a), (b), and (c) of
section 739 of title VII of division E
of the Consolidated and Further
Continuing Appropriations Act, 2015
(Public Law 113-235; 128 Stat. 2389);
and
(ii) documentation of such
expenditures; and
(12) track and make public information on
expenditures by components of the Department for
conferences, as appropriate, including by requiring
each component to--
(A) report to the Inspector General of the
Department the expenditures by such component
for each conference hosted or attended by
Department employees for which the total
expenditures of the Department are more than
$20,000 and less than $100,000, not later than
30 days after the date of the conference; and
(B) with respect to such expenditures,
provide to the Inspector General--
(i) the information described in
subsections (a), (b), and (c) of
section 739 of title VII of division E
of the Consolidated and Further
Continuing Appropriations Act, 2015
(Public Law 113-235; 128 Stat. 2389);
and
(ii) documentation of such
expenditures.
[(b)](c) Program Analysis and Evaluation Function.--In
addition to the responsibilities set forth in chapter 14 of
title 5, United States Code, and other applicable law, the
Chief Human Capital Officer of the Department shall--Department
shall--
(1) Establishment of the Office of Program Analysis
and Evaluation.--Not later than 90 days after the date
of enactment of this subsection, the Secretary shall
establish an Office of Program Analysis and Evaluation
within the Department (in this section referred to as
the ``Office'').
(2) * * *
(3) * * *
[(4) Reorganization.--
[(A) In general.--The Secretary may allocate
or reallocate the functions of the Office, or
discontinue the Office, in accordance with
section 872(a).
[(B) Exemption from Limitations.--Section
872(b) shall not apply to any action by the
Secretary under this paragraph.]\149\
---------------------------------------------------------------------------
\149\The bill as reported by the Committee retained a provision in
H.R. 2825 as passed by the House of Representatives that would have
removed Section 872 of the Homeland Security Act of 2002. Retaining
this provision of the House bill was a drafting error by the Committee
that will be corrected before any action is taken by the full Senate on
the bill on the floor. The Chairman favors DHS retaining its ability to
reorganize under Section 872.
---------------------------------------------------------------------------
[(c)](d) * * *
SECTION 703. CHIEF INFORMATION OFFICER.
(a) In general.--The Chief Information Officer shall report
to the Secretary[, or to another official of the Department, as
the Secretary may direct]. In addition to the functions under
section 3506(a)(2) of title 44, United States Code, and section
11319 of title 40, United States Code, the Chief Information
Officer shall--
(1) serve as the lead technical authority for
information technology programs of the Department and
components of the Department; and
(2) advise and assist the Secretary, heads of the
components of the Department, and other senior officers
in carrying out the responsibilities of the Department
for all activities relating to the budgets, programs,
security, and operations of the information technology
functions of the Department.
(b) Strategic Plans.--
(1) In general.--The Chief Information Officer shall,
in coordination with the Chief Financial Officer,
develop an information technology strategic plan every
5 years and report to the Committee on Homeland
Security and the Committee on Appropriations of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on
Appropriations of the Senate on the extent to which--
(A) the budget of the Department aligns with
priorities specified in the information
technology strategic plan;
(B) the information technology strategic plan
informs the budget process of the Department;
(C) the Department has identified and
addressed skills gaps needed to implement the
information technology strategic plan;
(D) unnecessary duplicative information
technology within and across the components of
the Department has been eliminated;
(E) outcome-oriented goals, quantifiable
performance measures, and strategies for
achieving those goals and measures have
succeeded; and
(F) internal control weaknesses and how the
Department will address those weaknesses.
(2) Initial Plan.--Not later than 1 year after the
date of enactment of this subsection, the Chief
Information Officer shall complete the first
information technology strategic plan required under
paragraph (1).
[(b)] (c) * * *
(d) Acquisition Responsibilities.--The acquisition
responsibilities of the Chief Information Officer shall
include--
(1) overseeing the management of the Homeland
Security Enterprise Architecture and ensuring that,
before each acquisition decision event, approved
information technology acquisitions comply with
departmental information technology management
processes, technical requirements, and the Homeland
Security Enterprise Architecture, and in any case in
which information technology acquisitions do not comply
with the management directives of the Department,
making recommendations to the Acquisition Review Board
regarding that noncompliance; and
(2) being responsible for--
(A) providing recommendations to the
Acquisition Review Board regarding information
technology programs; and
(B) developing information technology
acquisition strategic guidance.
SEC. 704. CHIEF HUMAN CAPITAL OFFICER.
(a) * * *
(b) * * *
(1) develop and implement strategic workforce
planning policies that are consistent with Government-
wide leading principles [and in line], in line with
Department strategic human capital goals and
priorities, and informed by successful practices within
the Federal Government and the private sector taking
into account the special requirements of members of the
Armed Forces serving in the Coast Guard;
(2) [develop performance measures to provide a basis
for monitoring and evaluating] develop performance
measures to monitor and evaluate on an ongoing basis,
Department-wide strategic workforce planning efforts;
(3) assess the need of administrative and mission
support staff across the Department, to identify and
eliminate the unnecessary use of mission-critical staff
for administrative and mission support positions;
[(3)](4) * * *
[(4)](5) identify methods for managing and overseeing
human capital programs and initiatives, including
leader development and employee engagement programs in
coordination with the head of each component of the
Department;
[(5)](6) develop a career path framework and create
opportunities for leader development in coordination
with all components of the Department that is informed
by appropriate workforce planning initiatives;
[(6)](7) * * *
[(7)](8) * * *
[(8)](9) * * *
(10) maintain a catalogue of available employee
development opportunities easily accessible to
employees of the Department, including departmental
leadership development programs, interagency
development programs, and rotational programs;
(11) approve the selection and organizational
placement of each senior human capital official of each
component of the Department and participate in the
periodic performance reviews of each such senior human
capital official;
(12) assess the success of the Department and the
components of the Department regarding efforts to
recruit and retain employees in rural and remote areas,
and make policy recommendations as appropriate to the
Secretary and to Congress;
(13) develop performance measures to monitor and
evaluate on an ongoing basis any significant contracts
issued by the Department or a component of the
Department to a private entity regarding the
recruitment, hiring, or retention of employees;
[(9)](14) * * *
[(10)](15) * * *
SEC. 705. [ESTABLISHMENT OF OFFICER FOR] CIVIL RIGHTS AND CIVIL
LIBERTIES.
(a) In general.--The [Officer for Civil Rights and
Civil Liberties] Chief Civil Rights and Civil Liberties
Officer, who shall report directly to he Secretary,
shall--
(1) * * *
(2) make public through the Internet, radio,
television, or newspaper advertisements information on
the responsibilities and functions of, and how to
contact, the Chief Officer;
* * * * * * *
(b) Office for Civil Rights and Civil Liberties.--There is
in the Department an Office for Civil Rights and Civil
Liberties. Under the direction of the Chief Civil Rights and
Civil Liberties Officer, the Office shall support the Chief
Civil Rights and Civil Liberties Officer in the following:
(1) Integrating civil rights and civil liberties into
activities of the Department by conducting programs and
providing policy advice and other technical assistance.
(2) Investigating complaints and information
indicating possible abuses of civil rights or civil
liberties, unless the Inspector General of the
Department determines that any such complaint or
information should be investigated by the Inspector
General.
(3) Directing the Department's equal employment
opportunity and diversity policies and programs,
including complaint management and adjudication.
(4) Communicating with individuals and communities
whose civil rights and civil liberties may be affected
by Department activities.
(5) Any other activities as assigned by the Chief
Civil Rights and Civil Liberties Officer.
(c) Component Civil Rights and Civil Liberties Officers.--
(1) In general.--In consultation with the Chief Civil
Rights and Civil Liberties Officer, the head of each
component of the Department shall appoint a senior-
level Federal employee with experience and background
in civil rights and civil liberties as the Civil Rights
and Civil Liberties Officer for the component.
(2) Responsibilities.--Each Civil Rights and Civil
Liberties Officer appointed under paragraph (1) shall--
(A) serve as the main point of contact for
the Chief Civil Rights and Civil Liberties
Officer; and
(B) coordinate with the Chief Civil Rights
and Civil Liberties Officer to oversee the
integration of civil rights and civil liberties
into the activities of the component.
[(b)] (d) * * *
[SEC. 706. CONSOLIDATION AND CO-LOCATION OF OFFICES.]
[SEC. 707.] SEC. 706. QUADRENNIAL HOMELAND SECURITY REVIEW.
(a) Requirement.--
(1) * * *
(2) * * *
(3) Consultation.--The Secretary shall conduct each
quadrennial homeland security review under this
subsection in consultation with--
(A) * * *
(B) key officials of the Department,
including the Under Secretary for Strategy,
Policy, and Plans; [and]
(C) representatives from appropriate advisory
committees established pursuant to section 871,
including the Homeland Security Advisory
Council and the Homeland Security Science and
Technology Advisory Committee, or otherwise
established, including the Aviation Security
Advisory Committee established pursuant to
section 44946 of title 49, United States Code;
and
[(C)] (D) * * *
(b) Contents of Review.--In each quadrennial homeland
security review, the Secretary shall--
(1) delineate and update, as appropriate, the
national homeland security strategy, consistent with
appropriate national and Department strategies,
strategic plans, and Homeland Security Presidential
Directives, including the National Strategy for
Homeland Security, the [National Response Plan]
National Response Framework, and the Department
Security Strategic Plan;
(2) outline and prioritize the full range of the
critical homeland security mission areas of the Nation
based on the risk assessment required pursuant to
subsection (c)(2)(B);
(3) describe to the extent practicable the
interagency cooperation, preparedness of Federal
response assets, infrastructure, [budget plan]resources
required, and other elements of the homeland security
program and policies of the Nation associated with the
national homeland security strategy, required to
execute successfully the full range of missions called
for in the national homeland security strategy
described in paragraph (1) and the homeland security
mission areas outlined under paragraph (2);
(4) identify, to the extent practicable, the [budget
plan required to provide sufficient resources to
successfully]resources required to execute the full
range of missions called for in the national homeland
security strategy described in paragraph (1) and the
homeland security mission areas outlined under
paragraph (2)[;], including any resources identified
from redundant, wasteful, or unnecessary capabilities
and capacities that can be redirected to better support
other existing capabilities and capacities, as the case
may be; and
(5) include an assessment of the organizational
alignment of the Department with the national homeland
security strategy referred to in paragraph (1) and the
homeland security mission areas outlined under
paragraph (2)[; and].
[(6) review and assess the effectiveness of the
mechanisms of the Department for executing the process
of turning the requirements developed in the
quadrennial homeland security review into an
acquisition strategy and expenditure plan within the
Department.]
(c) Reporting.--
(1) In general.--Not later than [December
31]September 30 of the year in which a quadrennial
homeland security review is conducted, the Secretary
shall submit to Congress a report regarding that
quadrennial homeland security review.
(2) Contents of report.--Each report submitted under
paragraph (1) shall include--
(A) * * *
(B) a [description of the threats to]risk
assessment of the assumed or defined national
homeland security interests of the Nation that
were examined for the purposes of that review;
(C) the national homeland security strategy,
including a prioritized list of the critical
homeland security missions of the nation, as
required under subsection (b)(2);
(D) to the extent practicable a description
of the interagency cooperation, preparedness of
Federal response assets, infrastructure,
[budget plan]resources required, and other
elements of the homeland security program and
policies of the Nation associated with the
national homeland security strategy, required
to execute successfully the full range of
missions called for in the applicable national
homeland security strategy referred to in
subsection (b)(1) and the homeland security
mission areas outlined under subsection (b)(2);
(E) * * *
(F) to the extent practicable a discussion of
[the status of] cooperation among Federal
agencies in the effort to promote national
homeland security;
(G) to the extent practicable a discussion of
[the status of] cooperation between the Federal
Government and State, local, and tribal
governments in preventing terrorist attacks and
preparing for emergency response to threats and
risks to national homeland security; and
[(H) an explanation of any underlying
assumptions used in conducting the review; and]
[(I)] (H) any other matter the Secretary
considers appropriate.
(3) Documentation.--The Secretary shall retain, from
each quadrennial homeland security review, all
information regarding the risk assessment, as required
under subsection (c)(2)(B), including--
(A) the risk model utilized to generate the
risk assessment;
(B) information, including data used in the
risk model, utilized to generate the risk
assessment; and
(C) sources of information, including other
risk assessments, utilized to generate the risk
assessment.
[(3)] (4) Public availability.--The Secretary shall,
consistent with the protection of national security and
other sensitive matters, make each report submitted
under paragraph (1) publicly available on the Internet
website of the Department.
(d) Review.--Not later than 90 days after the submission of
each report required under subsection (c)(1), the Secretary
shall provide to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate information on the
degree to which the findings and recommendations developed in
the quadrennial homeland security review covered by the report
were integrated into the acquisition strategy and expenditure
plans for the Department.
[(d)] (e) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this section.
[SEC. 708] SEC. 707. * * *
[SEC. 709] SEC. 708. OFFICE OF STRATEGY, POLICY, AND PLANS.
(a) * * *
(b) * * *
(c) Functions.--The Under Secretary for Strategy, Policy,
and Plans shall--
(1) * * *
(2) * * *
(3) develop and coordinate strategic plans and long-
term goals of the Department with risk-based analysis
and planning to improve operational mission
effectiveness, including consultation with the
Secretary regarding the quadrennial homeland security
review under [section 707] section 706;
(4) * * *
(5) * * *
(6) enter into agreements with governments of other
countries, in consultation with the Secretary of State
or the head of another agency, as appropriate,
international organizations, and international
nongovernmental organizations in order to achieve the
missions of the Department;
[(6)] (7) review and incorporate, as appropriate,
external stakeholder feedback, including feedback from
organizations representing the needs of children into
Department policy; and
[(7)] (8) * * *
SEC. 709. CHIEF PROCUREMENT OFFICER.
(a) In General.--There is in the Department a Chief
Procurement Officer, who shall serve as a senior business
advisor to agency officials on procurement-related matters and
report directly to the Under Secretary for Management. The
Chief Procurement Officer is the senior procurement executive
for purposes of subsection (c) of section 1702 of title 41,
United States Code, and shall perform procurement functions as
specified in such subsection.
(b) Responsibilities.--The Chief Procurement Officer
shall--
(1) delegate or retain contracting authority, as
appropriate;
(2) issue procurement policies and oversee the heads
of contracting activity of the Department to ensure
compliance with those policies;
(3) serve as the main liaison of the Department to
industry on procurement-related issues;
(4) account for the integrity, performance, and
oversight of Department procurement and contracting
functions;
(5) ensure that procurement contracting strategies
and plans are consistent with the intent and direction
of the Acquisition Review Board;
(6) oversee a centralized acquisition workforce
certification and training program using, as
appropriate, existing best practices and acquisition
training opportunities from the Federal Government,
private sector, or universities and colleges to include
training on how best to identify actions that warrant
referrals for suspension or debarment;
(7) approve the selection and organizational
placement of each head of contracting activity within
the Department and participate in the periodic
performance reviews of each head of contracting
activity of the Department;
(8) ensure that a fair proportion of the value of
Federal contracts and subcontracts are awarded to small
business concerns, as defined under section 3 of the
Small Business Act (15 U.S.C. 632), (in accordance with
the procurement contract goals under section 15(g) of
the Small Business Act (15 U.S.C. 644(g)), maximize
opportunities for small business participation in such
contracts, and ensure, to the extent practicable, small
business concerns that achieve qualified vendor status
for security-related technologies are provided an
opportunity to compete for contracts for such
technology; and
(9) carry out any other procurement duties that the
Under Secretary for Management may designate.
(c) Head of Contracting Activity Defined.--In this section
the term ``head of contracting activity'' means an official who
is delegated, by the Chief Procurement Officer and Senior
Procurement Executive, the responsibility for the creation,
management, and oversight of a team of procurement
professionals properly trained, certified, and warranted to
accomplish the acquisition of products and services on behalf
of the designated components, offices, and organizations of the
Department, and as authorized, other government entities.
SEC. 710. CHIEF SECURITY OFFICER.
(a) In General.--There is in the Department a Chief
Security Officer, who shall report directly to the Under
Secretary for Management.
(b) Responsibilities.--The Chief Security Officer shall--
(1) develop, implement, and oversee compliance with
the security policies, programs, and standards of the
Department;
(2) participate in--
(A) the selection and organizational
placement of each senior security official of a
component, and the deputy for each such
official, and any other senior executives
responsible for security-related matters; and
(B) the periodic performance planning and
reviews;
(3) identify training requirements, standards, and
oversight of education to Department personnel on
security-related matters;
(4) develop security programmatic guidelines;
(5) review contracts and interagency agreements
associated with major security investments within the
Department; and
(6) provide support to Department components on
security-related matters.
SEC. 711. ANNUAL SUBMITTAL TO CONGRESS OF INFORMATION ON REPROGRAMMING
OR TRANSFERS OF FUNDS TO RESPOND TO OPERATIONAL
SURGES.
For each fiscal year until fiscal year 2023, the Secretary
shall provide to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate, together with the
annual budget request for the Department, information on--
(1) any circumstance during the fiscal year covered
by the report in which the Secretary exercised the
authority to reprogram or transfer funds to address
unforeseen costs, including costs associated with
operational surges; and
(2) any circumstance in which any limitation on the
transfer or reprogramming of funds affected the ability
of the Secretary to address such unforeseen costs.
SEC. 712. CHIEF FACILITIES AND LOGISTICS OFFICER.
(a) In General.--There is a Chief Facilities and Logistics
Officer of the Department who shall report directly to the
Under Secretary for Management. The Chief Facilities and
Logistics Officer shall be career reserved for a member of the
senior executive service.
(b) Responsibilities.--The Chief Facilities and Logistics
Officer shall--
(1) develop policies and procedures and provide
program oversight to manage real property, facilities,
environmental and energy programs, personal property,
mobile assets, equipment, and other material resources
of the Department;
(2) manage and execute, in consultation with the
component heads, mission support services within the
National Capital Region for real property, facilities,
environmental and energy programs, and other common
headquarters and field activities for the Department;
and
(3) provide tactical and transactional services for
the Department in the National Capital Region,
including transportation, facility operations, and
maintenance.
SEC. 713. LONG TERM REAL PROPERTY STRATEGIES.
(a) In General.--
(1) First strategy.--Not later than 180 days after
the date of enactment of this section, the Under
Secretary for Management, in consultation with the
Administrator of General Services, shall develop an
initial 5-year regional real property strategy for the
Department that covers the 5-fiscal-year period
immediately following such date of enactment. Such
strategy shall be geographically organized, as
designated by the Under Secretary for Management.
(2) Second strategy.--Not later than the first day of
the fourth fiscal year covered by the first strategy
under paragraph (1), the Under Secretary for
Management, in consultation with the Administrator of
General Services, shall develop a second 5-year real
property strategy for the Department that covers the 5
fiscal years immediately following the conclusion of
the first strategy.
(b) Requirements.--
(1) Initial strategy.--The initial 5-year strategy
developed in accordance with subsection (a)(1) shall--
(A) identify opportunities to consolidate
real property, optimize the usage of Federal
assets, and decrease the number of commercial
leases and square footage within the
Department's real property portfolio;
(B) provide alternate housing and
consolidation plans to increase efficiency
through joint use of Department spaces while
decreasing the cost of leased space;
(C) concentrate on geographical areas with a
significant Department presence, as identified
by the Under Secretary for Management;
5 (D) examine the establishment of central
Department locations in each such geographical
region and the co-location of Department
components based on the mission sets and
responsibilities of such components;
(E) identify opportunities to reduce overhead
costs through co-location or consolidation of
real property interests or mission support
activities, such as shared mail screening and
processing, centralized transportation and
shuttle services, regional transit benefit
programs, common contracting for custodial and
other services, and leveraging strategic
sourcing contracts and sharing of specialized
facilities, such as training facilities and
resources;
(F) manage the current Department Workspace
Standard for Office Space in accordance with
the Department office workspace design process
to develop the most efficient and effective
spaces within the workspace standard usable
square foot ranges for all leased for office
space entered into on or after the date of the
enactment of this section, including the
renewal of any leases for office space existing
as of such date;
(G) define, based on square footage, what
constitutes a major real property acquisition;
(H) prioritize actions to be taken to improve
the operations and management of the
Department's real property inventory, based on
life-cycle cost estimations, in consultation
with component heads;
(I) include information on the headquarters
consolidation project of the Department,
including--
(i) an updated list of the components
and offices to be included in the
project;
(ii) a comprehensive assessment of
the current and future real property
required by the Department at the site;
and
(iii) updated cost and schedule
estimates; and
(J) include any additional information
determined appropriate or relevant by the Under
Secretary for Management.
(2) Second strategy.--The second 5-year strategy
developed in accordance with subsection (a)(2) shall
include information required in subparagraphs (A), (B),
(C), (E), (F), (G), (H), (I), and (J) of paragraph (1)
and information on the effectiveness of implementation
efforts pursuant to the Department-wide policy required
in accordance with subsection (c), including--
(A) the impact of such implementation on
departmental operations and costs; and
(B) the degree to which the Department
established central Department locations and
co-located Department components pursuant to
the results of the examination required by
paragraph (1)(D).
(c) Implementation Policies.--Not later than 90 days after
the development of each of the regional real property
strategies developed in accordance with subsection (a), the
Under Secretary for Management shall develop or update, as
applicable, a Department-wide policy implementing such
strategies.
(d) Certifications.--Subject to subsection (g)(3), the
implementation policies developed pursuant to subsection (c)
shall require component heads to certify to the Under Secretary
for Management that such heads have complied with the
requirements specified in subsection (b) before making any
major real property decision or recommendation, as defined by
the Under Secretary, including matters related to new leased
space, renewing any existing leases, or agreeing to extend or
newly occupy any Federal space or new construction, in
accordance with the applicable regional real property strategy
developed in accordance with subsection (a).
(e) Underutilized Space.--
(1) In general.--The implementation policies
developed pursuant to subsection (c) shall require
component heads, acting through regional property
managers under subsection (f), to annually report to
the Under Secretary for Management on underutilized
space and identify space that may be made available for
use, as applicable, by other components or Federal
agencies.
(2) Exception.--The Under Secretary for Management
may grant an exception to the workspace standard usable
square foot ranges described in subsection (b)(1)(F)
for specific office locations at which a reduction or
elimination of otherwise underutilized space would
negatively impact a component's ability to execute its
mission based on readiness performance measures or
would increase the cost of such space.
(3) Underutilized space defined.--In this subsection,
the term ``underutilized space'' means any space with
respect to which utilization is greater than the
workplace standard usable square foot ranges described
in subsection (b)(1)(F).
(f) Component Responsibilities.--
(1) Regional property managers.--Each component head
shall identify a senior career employee of each such
component for each geographic region included in the
regional real property strategies developed in
accordance with subsection (a) to serve as each such
component's regional property manager. Each such
regional property manager shall serve as a single point
of contact for Department headquarters and other
Department components for all real property matters
relating to each such component within the region in
which each such component is located, and provide data
and any other support necessary for the Department of
Homeland Security Regional Mission Support Coordinator
strategic asset and portfolio planning and execution.
(2) Data.--Regional property managers under paragraph
(1) shall provide annually to the Under Secretary for
Management, via a standardized and centralized system,
data on each component's real property holdings, as
specified by the Undersecretary for Management,
including relating to underutilized space under
subsection (e) (as such term is defined in such
subsection), total square footage leased, annual cost,
and total number of staff, for each geographic region
included in the regional real property strategies
developed in accordance with subsection (a).
(g) Ongoing Oversight.--
(1) In general.--The Under Secretary for Management
shall monitor components' adherence to the regional
real property strategies developed in accordance with
subsection (a) and the implementation policies
developed pursuant to subsection (c).
(2) Annual review.--The Under Secretary for
Management shall annually review the data submitted
pursuant to subsection (f)(2) to ensure all
underutilized space (as such term is defined in
subsection (e)) is properly identified.
(3) Certification review.--The Under Secretary for
Management shall review, and if appropriate, approve,
component certifications under subsection (d) before
such components may make any major real property
decision, including matters related to new leased
space, renewing any existing leases, or agreeing to
extend or newly occupy any Federal space or new
construction, in accordance with the applicable
regional real property strategy developed in accordance
with subsection (a).
(4) Congressional reporting.--The Under Secretary for
Management shall annually provide information to the
Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Inspector
General of the Department on the real property
portfolio of the Department, including information
relating to the following:
(A) A summary of the Department's real
property holdings in each region described in
the regional strategies developed in accordance
with subsection (a), and for each such
property, information including the total
square footage leased, the total cost, the
total number of staff at each such property,
and the square foot per person utilization rate
for office space (and whether or not such
conforms with the workspace standard usable
square foot ranges established described in
subsection (b)(1)(F)).
(B) An accounting of all underutilized space
(as such term is defined in subsection (e)).
(C) An accounting of all instances in which the
Department or its components consolidated their
real property holdings or co-located with
another entity within the Department.
(D) A list of all certifications provided
pursuant to subsection (d) and all such
certifications approved pursuant to paragraph
(3) of this subsection.
(5) Inspector general review.--Not later than 120
days after the last day of the fifth fiscal year
covered in each of the initial and second regional real
property strategies developed in accordance with
subsection (a), the Inspector General of the Department
shall review the information submitted pursuant to
paragraph (4) and issue findings regarding the
effectiveness of the implementation of the Department-
wide policy and oversight efforts of the management of
real property facilities, personal property, mobile
assets, equipment and the Department's other material
resources as required under this section.
SEC. 714. WORKFORCE HEALTH AND MEDICAL SUPPORT.
(a) In General.--The Under Secretary for Management shall
be responsible for workforce-focused health and medical
activities of the Department. The Under Secretary for
Management may further delegate these responsibilities as
appropriate.
(b) Responsibilities.--The Under Secretary for Management,
in coordination with the Chief Medical Officer, shall--
(1) provide oversight and coordinate the medical and
health activities of the Department for the human and
animal personnel of the Department;
(2) establish medical, health, veterinary, and
occupational health exposure policy, guidance,
strategies, and initiatives for the human and animal
personnel of the Department;
(3) as deemed appropriate by the Under Secretary,
provide medical liaisons to the components of the
Department, on a reimbursable basis, to provide subject
matter expertise on occupational medical and public
health issues;
(4) serve as the primary representative for the
Department on agreements regarding the detail of
Department of Health and Human Services Public Health
Service Commissioned Corps Officers to the Department,
except that components and offices of the Department
shall retain authority for funding, determination of
specific duties, and supervision of Commissioned Corps
officers detailed to a Department component; and
(5) perform such other duties relating to such
responsibilities as the Secretary may require.
SEC. 715. EMPLOYEE ENGAGEMENT AND RETENTION ACTION PLAN.
(a) In General.--The Secretary shall--
(1) not later than 180 days after the date of
enactment of this section, and not later than September
30 of each fiscal year thereafter, issue a Department-
wide employee engagement and retention action plan to
inform and execute strategies for improving employee
engagement, employee retention, Department management
and leadership, diversity and inclusion efforts,
employee morale, training and development
opportunities, and communications within the
Department, which shall reflect--
(A) input from representatives from
operational components, headquarters, and field
personnel, including supervisory and non-
supervisory personnel, and employee labor
organizations that represent employees of the
Department;
(B) employee feedback provided through annual
employee surveys, questionnaires, and other
communications; and
(C) performance measures, milestones, and
objectives that reflect the priorities and
strategies of the action plan to improve
employee engagement and retention; and
(2) require the head of each operational component of
the Department to--
(A) develop and implement a component-
specific employee engagement and retention plan
to advance the action plan required under
paragraph (1) that includes performance
measures and objectives, is informed by
employee feedback provided through annual
employee surveys, questionnaires, and other
communications, as appropriate, and sets forth
how employees and, if applicable, their labor
representatives are to be integrated in
developing programs and initiatives;
(B) monitor progress on implementation of
such action plan; and
(C) provide to the Chief Human Capital
Officer quarterly reports on actions planned
and progress made under this paragraph.
(b) Rule of Construction.--Nothing in this section shall be
construed to limit the ability of the departmental or component
leadership from developing innovative approaches and strategies
to employee engagement or retention not specifically required
under this section.
(c) Repeal.--This section shall be repealed on the date
that is 5 years after the date of enactment of this section.
SEC. 716. ACQUSITION AUTHORITIES FOR PROGRAM ACCOUNTABILITY AND RISK
MANAGEMENT.
(a) Establishment of Office.--There is in the Management
Directorate of the Department an office to be known as
``Program Accountability and Risk Management'', which shall--
(1) provide accountability, standardization, and
transparency of major acquisition programs of the
Department; and
(2) serve as the central oversight function for all
Department acquisition programs.
(b) Responsibilities of Executive Director.--The Program
Accountability and Risk Management shall be led by an Executive
Director to oversee the requirement under subsection (a), who
shall report directly to the Under Secretary for Management,
serve as the executive secretary for the Acquisition Review
Board, and carry out the following responsibilities:
(1) Monitor the performance of Department acquisition
programs between acquisition decision events to
identify problems with cost, performance, or schedule
that components may need to address to prevent cost
overruns, performance issues, or schedule delays.
(2) Assist the Under Secretary for Management in
managing the acquisition programs and related
activities of the Department.
(3) Conduct oversight of individual acquisition
programs to implement Department acquisition program
policy, procedures, and guidance with a priority on
ensuring the data the office collects and maintains
from Department components is accurate and reliable.
(4) Coordinate the acquisition life cycle review
process for the Acquisition Review Board.
(5) Advise the persons having acquisition decision
authority in making acquisition decisions consistent
with all applicable laws and in establishing lines of
authority, accountability, and responsibility for
acquisition decision making within the Department.
(6) Support the Chief Procurement Officer in
developing strategies and specific plans for hiring,
training, and professional development in order to
improve the acquisition workforce of the Department.
(7) In consultation with Component Acquisition
Executives--
(A) develop standards for the designation of
key acquisition positions with major
acquisition program management offices and on
the Component Acquisition Executive support
staff; and
(B) provide requirements and support to the
Chief Procurement Officer in the planning,
development, and maintenance of the Acquisition
Career Management Program of the Department.
(8) In the event that a certification or action of an
acquisition program manager needs review for purposes
of promotion or removal, provide input, in consultation
with the relevant Component Acquisition Executive, into
the performance evaluation of the relevant acquisition
program manager and report positive or negative
experiences to the relevant certifying authority.
(9) Provide technical support and assistance to
Department acquisition programs and acquisition
personnel and coordinate with the Chief Procurement
Officer on workforce training and development
activities.
(c) Responsibilities of Components.--Each head of a
component shall--
(1) comply with Federal law, the Federal Acquisition
Regulation, and Department acquisition management
directives established by the Under Secretary for
Management; and
(2) for each major acquisition program--
(A) define baseline requirements and document
changes to such requirements, as appropriate;
(B) develop a life cycle cost estimate that
is consistent with best practices identified by
the Comptroller General of the United States
and establish a complete life cycle cost
estimate with supporting documentation,
including an acquisition program baseline;
(C) verify each life cycle cost estimate
against independent cost estimates, and
reconcile any differences;
(D) complete a cost-benefit analysis with
supporting documentation;
(E) develop and maintain a schedule that is
consistent with scheduling best practices as
identified by the Comptroller General of the
United States, including, in appropriate cases,
an integrated master schedule; and
(F) ensure that all acquisition program
information provided by the component is
complete, accurate, timely, and valid.
SEC. 717. ACQUISITION DOCUMENTATION.
(a) In General.--For each major acquisition program, the
Secretary, acting through the Under Secretary for Management,
shall require the head of a relevant component or office to--
(1) maintain acquisition documentation that is
complete, accurate, timely, and valid, and that
includes, at a minimum--
(A) operational requirements that are
validated consistent with departmental policy
and changes to those requirements, as
appropriate;
(B) a complete life cycle cost estimate with
supporting documentation;
(C) verification of the life cycle cost
estimate against independent cost estimates,
and reconciliation of any differences;
(D) a cost-benefit analysis with supporting
documentation; and
(E) a schedule, including, as appropriate, an
integrated master schedule;
(2) prepare cost estimates and schedules for major
acquisition programs under subparagraphs (B) and (E) of
paragraph (1) in a manner consistent with best
practices as identified by the Comptroller General of
the United States; and
(3) submit certain acquisition documentation to the
Secretary to produce a semi-annual Acquisition Program
Health Assessment of departmental acquisitions for
submission to Congress.
(b) Waiver.--The Secretary may waive the requirement under
subsection (a)(3) on a case-by-case basis with respect to any
major acquisition program under this section for a fiscal year
if--
(1) the major acquisition program has not--
(A) entered the full rate production phase in
the acquisition life cycle;
(B) had a reasonable cost estimate
established; and
(C) had a system configuration defined fully;
or
(2) the major acquisition program does not meet the
definition of capital asset, as defined by the Director
of the Office of Management and Budget.
(c) Congressional Oversight.--At the same time the budget
of the President is submitted for a fiscal year under section
1105(a) of title 31, United States Code, the Secretary shall
make information available, as applicable, to the congressional
homeland security committees regarding the requirement
described in subsection (a) in the prior fiscal year that
includes, with respect to each major acquisition program for
which the Secretary has issued a waiver under subsection (b)--
(1) the grounds for granting a waiver for the
program;
(2) the projected cost of the program;
(3) the proportion of the annual acquisition budget
of each component or office attributed to the program,
as available; and
(4) information on the significance of the program
with respect to the operations and the execution of the
mission of each component or office described in
paragraph (3).
SEC. 718. ACQUISITION INNOVATION.
The Under Secretary for Management shall--
(1) encourage each of the officers under the
direction of the Under Secretary for Management to
promote innovation and shall designate an individual to
promote innovation;
(2) establish an acquisition innovation lab or
similar mechanism to improve the acquisition programs,
acquisition workforce training, and existing practices
of the Department through methods identified in this
section;
(3) test emerging and established acquisition best
practices for carrying out acquisitions, consistent
with applicable laws, regulations, and Department
directives, as appropriate;
(4) develop and distribute best practices and lessons
learned regarding acquisition innovation throughout the
Department;
(5) establish metrics to measure the effectiveness of
acquisition innovation efforts with respect to cost,
operational efficiency of the acquisition program,
including timeframes for executing contracts, and
collaboration with the private sector, including small-
and medium-sized businesses; and
(6) determine impacts of acquisition innovation
efforts on the private sector by--
(A) engaging with the private sector,
including small- and medium-sized businesses,
to provide information and obtain feedback on
procurement practices and acquisition
innovation efforts of the Department;
(B) obtaining feedback from the private
sector on the impact of acquisition innovation
efforts of the Department; and
(C) incorporating the feedback described in
subparagraphs (A) and (B), as appropriate, into
future acquisition innovation efforts of the
Department.
* * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle B--Inspector General
* * * * * * *
[SEC. 812.] SEC. 811. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL
AGENTS.
[(a)] * * *
[(b) Promulgation of Initial Guidelines.--
[(1) Definition.--In this subsection,]
(a) Definition.--In this section the term ``memoranda of
understanding'' means the agreements between the Department of
Justice and the Inspector General offices described under
section 6(e)(3) of the Inspector General Act of 1978 (5 U.S.C.
App.) [(as added by subsection (a) of this section)] that--
[(A)](1) are in effect on the date of enactment of
this act; and
[(B)](2) authorize such offices to exercise authority
that is the same or similar to the authority under
section 6(e)(1) of such Act.
[(2)](b) [In General] In General.--Not later than 180 days
after the date of enactment of this Act, the Attorney General
shall promulgate guidelines under section 6(e)(4) of the
Inspector General Act of 1978 (5 U.S.C. App.) [(as added by
subsection (a) of this section)] applicable to the Inspector
General offices described under section 6(e)(3) of that Act.
[(3)](c) [Minimum requirements] Minimum Requirements.--The
guidelines promulgated under this subsection shall include, at
a minimum, the operational and training requirements in the
memoranda of understanding.
[(4)](d) [No lapse of authority] No Lapse Of Authority.--
The memoranda of understanding in effect on the date of
enactment of this Act shall remain in effect until the
guidelines promulgated under this subsection take effect.
[(c) [5 U.S.C. app. 6 note] Effective Dates.--
[(1) In general.--Subsection (a) shall take effect
180 days after the date of enactment of this Act.
[(2) Initial guidelines.--Subsection (b) shall take
effect on the date of enactment of this Act.]
* * * * * * *
Subtitle D--Acquisitions
* * * * * * *
SEC. 831. RESEARCH AND DEVELOPMENT PROJECTS.
(a) Authority.--Until September 30, [2017] 2022, and
subject to subsection (d), the Secretary may carry out a pilot
program under which the Secretary may exercise the following
authorities:
(1) * * *
(2) Prototype projects.--The Secretary may, under the
authority of paragraph (1), carry out prototype
projects in accordance with the requirements and
conditions provided for carrying out prototype projects
[under section 845 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-
160). In applying the authorities of that section 845,
subsection (c) of that section shall apply with respect
to prototype projects under this paragraph, and the
Secretary shall perform the functions of the Secretary
of Defense under subsection (d) thereof] under section
2371b of title 10, United States Code, and the
Secretary shall perform the functions of the Secretary
of Defense as prescribed.
(b) * * *
(c) Additional Requirements.
(1) In general.--The authority of the Secretary under
this section shall terminate September 30, [2017] 2022,
unless before that date the Secretary--
(A) * * *
(B) * * *
[(2) Report.--The Secretary shall provide an annual
report to the Committees on Appropriations of the
Senate and the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Homeland Security of the
House of Representatives detailing the projects for
which the authority granted by subsection (a) was used,
the rationale for its use, the funds spent using that
authority, the outcome of each project for which that
authority was used, and the results of any audits of
such projects.]
(2) Report.--The Secretary shall annually submit to
the Committee on Homeland Security and the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report
detailing the projects for which the authority granted
by subsection (a) was utilized, the rationale for such
utilizations, the funds spent utilizing such authority,
the extent of cost-sharing for such projects among
Federal and non-Federal sources, the extent to which
utilization of such authority has addressed a homeland
security capability gap or threat to the homeland
identified by the Department, the total amount of
payments, if any, that were received by the Federal
Government as a result of the utilization of such
authority during the period covered by each such
report, the outcome of each project for which such
authority was utilized, and the results of any audits
of such projects.
(d) Definition of Nontraditional Government Contractor.--In
this section, the term ``nontraditional Government contractor''
has the same meaning as the term ``nontraditional defense
contractor'' [as defined in section 845(e) of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 10 U.S.C. 2371 note)] as defined in section 2371b(e) of
title 10, United States Code.
(e) Training.--The Secretary shall develop a training
program for acquisitions staff on the utilization of the
authority provided under subsection (a) to ensure
accountability and effective management of projects consistent
with the Program Management Improvement Accountability Act
(Public Law 114-264; 130 Stat. 1371) and the amendments made by
such Act.
* * * * * * *
SEC. 836. ACQUISITION REVIEW BOARD.
(a) In General.--The Secretary shall establish an
Acquisition Review Board (in this section referred to as the
``Board'') to--
(1) strengthen accountability and uniformity within
the Department acquisition review process;
(2) review major acquisition programs; and
(3) review the use of best practices.
(b) Composition.--
(1) Chairperson.--The Under Secretary for Management
shall serve as chairperson of the board.
(2) Other members.--The Secretary shall ensure
participation by other relevant Department officials.
(c) Meetings.--
(1) Regular meetings.--The Board shall meet regularly
for purposes of ensuring all acquisition programs
proceed in a timely fashion to achieve mission
readiness.
(2) Other meetings.--The Board shall convene--
(A) at the discretion of the Secretary; and
(B) at any time--
(i) a major acquisition program--
(I) requires authorization to
proceed from one acquisition
decision event to another
throughout the acquisition life
cycle;
(II) is in breach of the
approved acquisition program
baseline of the major
acquisition program; or
(III) requires additional
review, as determined by the
Under Secretary for Management;
or
(ii) a non-major acquisition program
requires review, as determined by the
Under Secretary for management.
(d) Responsibilities.--The responsibilities of the Board
are as follows:
(1) Determine whether a proposed acquisition program
has met the requirements of phases of the acquisition
life cycle framework and is able to proceed to the next
phase and eventual full production and deployment.
(2) Oversee whether the business strategy, resources,
management, and accountability of a proposed
acquisition are executable and are aligned to strategic
initiatives.
(3) Support the person with acquisition decision
authority for an acquisition program in determining the
appropriate direction for the acquisition at key
acquisition decision events.
(4) Conduct reviews of acquisitions to ensure that
the acquisitions are progressing in compliance with the
approved documents for their current acquisition
phases.
(5) Review the acquisition program documents of each
major acquisition program, including the acquisition
program baseline and documentation reflecting
consideration of tradeoffs among cost, schedule, and
performance objectives, to ensure the reliability of
underlying data.
(6) Ensure that practices are adopted and implemented
to require consideration of tradeoffs among cost,
schedule, and performance objectives as part of the
process for developing requirements for major
acquisition programs prior to the initiation of the
second acquisition decision event, including, at a
minimum, the following practices:
(A) Department officials responsible for
acquisition, budget, and cost estimating
functions are provided with the appropriate
opportunity to develop estimates and raise cost
and schedule matters before performance
objectives are established for capabilities
when feasible.
(B) Full consideration is given to possible
trade-offs among cost, schedule, and
performance objectives for each alternative.
(e) Acquisition Program Baseline Report Requirement.--If
the person exercising acquisition decision authority over a
major acquisition program approves the major acquisition
program to proceed before the major acquisition program has a
Department-approved acquisition program baseline, as required
by Department policy--
(1) the Under Secretary for Management shall create
and approve an acquisition program baseline report
regarding such approval; and
(2) the Secretary shall--
(A) not later than 7 days after the date on
which the acquisition decision memorandum is
signed, provide written notice of the decision
to the appropriate committees of Congress; and
(B) not later than 60 days after the date on
which the acquisition decision memorandum is
signed, provide the memorandum and a briefing
to the appropriate committees of Congress.
(f) Report.--Not later than 1 year after the date of
enactment of this section and every year thereafter through
fiscal year 2022, the Under Secretary for Management shall
provide information to the appropriate committees of Congress
on the activities of the Board for the prior fiscal year that
includes information relating to--
(1) for each meeting of the Board, any acquisition
decision memoranda;
(2) the results of the systematic reviews conducted
under subsection (d)(4);
(3) the results of acquisition document reviews
required under subsection (d)(5); and
(4) activities to ensure that practices are adopted
and implemented throughout the Department under
subsection (d)(6).
SEC. 837. CONGRESSIONAL NOTIFICATION AND OTHER REQUIREMENTS FOR MAJOR
ACQUISITION PROGRAM BREACH.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means.--
(1) the Committee on Homeland Security and the
Committee on Appropriations of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on
Appropriations of the Senate; and
(2) in the case of notice or a report relating to the
Coast Guard or the Transportation Security
Administration, the committees described in paragraph
(1) and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate.
(b) Requirements Within Department in Event of Breach.--
(1) Notifications.--
(A) Notification of breach.--If a breach
occurs in a major acquisition program, the
program manager for the program shall notify
the Component Acquisition Executive for the
program, the head of the component concerned,
the Executive Director of the Program
Accountability and Risk Management division,
the Under Secretary for Management, and the
Deputy Secretary not later than 30 calendar
days after the date on which the breach is
identified.
(B) Notification to secretary.--If a breach
occurs in a major acquisition program and the
breach results in a cost overrun greater than
15 percent, a schedule delay greater than 180
days, or a failure to meet any of the
performance thresholds from the cost, schedule,
or performance parameters specified in the most
recently approved acquisition program baseline
for the program, the Component Acquisition
Executive for the program shall notify the
Secretary and the Inspector General of the
Department not later than 5 business days after
the date on which the Component Acquisition
Executive for the program, the head of the
component concerned, the Executive Director of
the Program Accountability and Risk Management
Division, the Under Secretary for Management,
and the Deputy Secretary are notified of the
breach under subparagraph (A).
(2) Remediation plan and root cause analysis.--
(A) In general.--If a breach occurs in a
major acquisition program, the program manager
for the program shall submit in writing to the
head of the component concerned, the Executive
Director of the Program Accountability and Risk
Management division, and the Under Secretary
for Management, at a date established by the
Under Secretary for Management, a remediation
plan and root cause analysis relating to the
breach and program.
(B) Remediation plan.--The remediation plan
required under subparagraph (A) shall--
(i) explain the circumstances of the
breach at issue;
(ii) provide prior cost estimating
information;
(iii) include a root cause analysis
that determines the underlying cause or
causes of shortcomings in cost,
schedule, or performance of the major
acquisition program with respect to
which the breach has occurred,
including the role, if any, of--
(I) unrealistic performance
expectations;
(II) unrealistic baseline
estimates for cost or schedule
or changes in program
requirements;
(III) immature technologies
or excessive manufacturing or
integration risk;
(IV) unanticipated design,
engineering, manufacturing, or
technology integration issues
arising during program
performance;
(V) changes to the scope of
the program;
(VI) inadequate program
funding or changes in planned
out-year funding from one 5-
year funding plan to the next
5-year funding plan as outlined
in the Future Years Homeland
Security Program required under
section 874;
(VII) legislative, legal, or
regulatory changes; or
(VIII) inadequate program
management personnel, including
lack of sufficient number of
staff, training, credentials,
certifications, or use of best
practices;
(iv) propose corrective action to
address cost growth, schedule delays,
or performance issues;
(v) explain the rationale for why a
proposed corrective action is
recommended; and
(vi) in coordination with the
Component Acquisition Executive for the
program, discuss all options
considered, including--
(I) the estimated impact on
cost, schedule, or performance
of the program if no changes
are made to current
requirements;
(II) the estimated cost of
the program if requirements are
modified; and
(III) the extent to which
funding from other programs
will need to be reduced to
cover the cost growth of the
program.
(3) Review of corrective actions.--
(A) In general.--The Under Secretary for
Management--
(i) shall review each remediation
plan required under paragraph (2); and
(ii) not later than 30 days after
submission of a remediation plan under
paragraph (2), may approve the plan or
provide an alternative proposed
corrective action.
(B) Submission to congress.--Not later than
30 days after the date on which the Under
Secretary for Management completes a review of
a remediation plan under subparagraph (A), the
Under Secretary for Management shall submit to
the appropriate committees of Congress a copy
of the remediation plan.
(c) Requirements Relating to Congressional Notification if
Breach Occurs.--
(1) Notification to congress.--If a notification to
the Secretary is made under subsection (b)(1)(B)
relating to a breach in a major acquisition program,
the Under Secretary for Management shall notify the
appropriate committees of Congress of the breach in the
next semi-annual Acquisition Program Health Assessment
described in section 717(a)(3) after receipt by the
Under Secretary for Management of the notification
under subsection (b)(1)(B).
(2) Significant variances in costs or schedule.--If a
likely cost overrun is greater than 20 percent or a
likely delay is greater than 12 months from the costs
and schedule specified in the acquisition program
baseline for a major acquisition program, the Under
Secretary for Management shall include in the
notification required under paragraph (1) a written
certification, with supporting explanation, that--
(A) the program is essential to the
accomplishment of the mission of the
Department;
(B) there are no alternatives to the
capability or asset provided by the program
that will provide equal or greater capability
in a more cost-effective and timely manner;
(C) the management structure for the program
is adequate to manage and control cost,
schedule, and performance; and
(D) includes the date on which the new
acquisition schedule and estimates for total
acquisition cost will be completed.
SEC. 838. MULTIYEAR ACQUISITION STRATEGY.
(a) In General.--Not later than 1 year after the date of
enactment of this section, the Under Secretary for Management
shall brief the appropriate congressional committees on a
multiyear acquisition strategy to--
(1) guide the overall direction of the acquisitions
of the Department while allowing flexibility to deal
with ever-changing threats and risks;
(2) keep pace with changes in technology that could
impact deliverables; and
(3) help industry better understand, plan, and align
resources to meet the future acquisition needs of the
Department.
(b) Updates.--The strategy required under subsection (a)
shall be updated and included in each Future Years Homeland
Security Program required under section 874.
(c) Consultation.--In developing the strategy required
under subsection (a), the Secretary shall, as the Secretary
determines appropriate, consult with headquarters, components,
employees in the field, and individuals from industry and the
academic community.
SEC. 839. ACQUISITION POLICIES AND GUIDANCE.
(a) Program Accountability Report.--The Under Secretary for
Management shall prepare and submit to the congressional
homeland security committees a semi-annual program
accountability report to meet the mandate of the Department to
perform program health assessments and improve program
execution and governance.
(b) Level 3 Acquisition Programs of Components of the
Department.--
(1) Identification.--Not later than 60 days after the
date of enactment of this section, component heads of
the Department shall identify to the Under Secretary
for Management all level 3 acquisition programs of each
respective component.
(2) Certification.--Not later than 30 days after
receipt of the information under paragraph (1), the
Under Secretary for Management shall certify in writing
to the congressional homeland security committees
whether the heads of the components of the Department
have properly identified the programs described in that
paragraph.
(3) Methodology.--To carry out this subsection, the
Under Secretary shall establish a process with a
repeatable methodology to continually identify level 3
acquisition programs.
(c) Policies and Guidance.--
(1) Submission.--Not later than 180 days after the
date of enactment of this section, the Component
Acquisition Executives shall submit to the Under
Secretary for Management the policies and relevant
guidance for the level 3 acquisition programs of each
component.
(2) Certification.--Not later than 90 days after
receipt of the policies and guidance under subparagraph
(A), the Under Secretary shall certify in writing to
the congressional homeland security committees that the
policies and guidance of each component adhere to
Department-wide acquisition policies.
* * * * * * *
Subtitle E--Human Resource Management
* * * * * * *
SEC. 843. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVISTS IN CERTAIN
EMPLOYEE PERFORMANCE APPRAISALS.
(a) * * *
(b) Definitions.--For the purposes of this section--
(1) the term ``National Drug Control Program Agency''
means--
(A) * * *
(B) any subdivision of the Department that
has a significant counternarcotics
responsibility, as determined [by--
[(i) the counternarcotics officer,
appointed under section 878; or
[(ii) if applicable, the
counternarcotics officer's successor in
function (as determined by the
Secretary); and] by the Secretary; and
(2) * * *
SEC. 844. HOMELAND SECURITY ROTATION PROGRAM.
[(a) Establishment.--]
[(1)](a) In General.--[Not later than 180 days after the
date of the enactment of this section, the]The Secretary shall
establish the Homeland Security Rotation Program (in this
section referred to as the Rotation Program) [for employees of
the Department] for certain personnel within the Department.
The Rotation Program shall use applicable best practices,
including those from the Chief Human Capital Officers Council.
[(2)](b) Goals.--The Rotation Program established by the
Secretary shall--
(1) seek to foster greater departmental integration
and unity of effort;
(2) seek to help enhance the knowledge, skills, and
abilities of participating personnel with respect to
the programs, policies, and activities of the
Department;
[(A)](3) be established in accordance with the Human
Capital Strategic Plan of the Department;
[(B)](4) provide [middle and senior level] employees
in the Department the opportunity to broaden their
knowledge through exposure to other components of the
Department
[(C)](5) * * *
[(D)](6) * * *
[(E)](7) seek to improve morale and retention
throughout the Department and invigorate the workforce
with exciting and professionally rewarding
opportunities;
[(F)](8) * * *
[(G)](9) * * *
[(3)](c) Administration.--
[(A)](1) * * *
[(B)](2) Responsibilities.--The Chief Human Capital
Officer shall--
[(i)](A) * * *
[(ii)](B) establish a framework that supports
the goals of the Rotation Program and promotes
cross-disciplinary rotational opportunities;
[(iii) establish eligibility for employees to
participate in the Rotation Program and select
participants from employees who apply;]
[(iv)](C)
[(v)](D)
[(vi)](E)
[(vii)](F)
[(viii)](G)
(d) Administrative Matters.--In carrying out the Rotation
Program the Secretary shall--
(1) before selecting employees for participation in
the Rotation Program, disseminate information broadly
within the Department about the availability of the
Rotation Program, qualifications for participation in
the Rotation Program, including full-time employment
within the employing component or office not less than
1 year, and the general provisions of the Rotation
Program;
(2) require as a condition of participation in the
Rotation Program that an employee--
(A) is nominated by the head of the component
or office employing the employee; and
(B) is selected by the Secretary, or the
Secretary's designee, solely on the basis of
relative ability, knowledge, and skills, after
fair and open competition that assures that all
candidates receive equal opportunity;
(3) ensure that each employee participating in the
Rotation Program shall be entitled to return, within a
reasonable period of time after the end of the period
of participation, to the position held by the employee,
or a corresponding or higher position, in the component
or office that employed the employee prior to the
participation of the employee in the Rotation Program;
(4) require that the rights that would be available
to the employee if the employee were detailed from the
employing component or office to another Federal agency
or office remain available to the employee during the
employee participation in the Rotation Program; and
(5) require that, during the period of participation
by an employee in the Rotation Program, performance
evaluations for the employee--
(A) shall be conducted by officials in the
office or component employing the employee with
input from the supervisors of the employee at
the component or office in which the employee
is placed during that period; and
(B) shall be provided the same weight with
respect to promotions and other rewards as
performance evaluations for service in the
office or component employing the employee.
[(4)](e) Allowances, Privileges, and Benefits.--All
allowances, privileges, rights, seniority, and other benefits
of employees participating in the Rotation Program shall be
preserved.
[(5)](f) Reporting.--Not later than 180 days after the date
of the establishment of the Rotation Program, the Secretary
shall submit a report on the status of the Rotation Program,
including a description of the Rotation Program, the number of
employees participating, and how the Rotation Program is used
in succession planning and leadership development to the
appropriate committees of Congress.
(g) Intelligence Rotational Assignment Program.--
(1) Establishment.--The Secretary shall establish an
Intelligence Rotational Assignment Program as part of
the Rotation Program under subsection (a).
(2) Administration.--The Chief Human Capital Officer,
in conjunction with the Chief Intelligence Officer,
shall administer the Intelligence Rotational Assignment
Program established pursuant to paragraph (1).
(3) Eligibility.--The Intelligence Rotational
Assignment Program established pursuant to paragraph
(1) shall be open to employees serving in existing
analyst positions within the Department's intelligence
enterprise and other Department employees as determined
appropriate by the Chief Human Capital Officer and the
Chief Intelligence Officer.
(4) Coordination.--The responsibilities specified in
subsection (c)(2) that apply to the Rotation Program
under such subsection shall, as applicable, also apply
to the Intelligence Rotational Assignment Program under
this subsection.
(h) Evaluation.--The Chief Human Capital Officer, acting
through the Under Secretary for Management, shall--
(1) perform regular evaluations of the Homeland
Security Rotation Program; and
(2) not later than 90 days after the end of each
fiscal year, submit to the Secretary a report detailing
the findings of the evaluations under paragraph (1)
during that fiscal year, which shall include--
(A) an analysis of the extent to which the
program meets the goals under subsection (b);
(B) feedback from participants in the
program, including the extent to which
rotations have enhanced their performance in
their current role and opportunities to improve
the program;
(C) aggregated information about program
participants; and
(D) a discussion of how rotations can be
aligned with the needs of the Department with
respect to employee training and mission needs.
* * * * * * *
Subtitle F--Federal Emergency Procurement Flexibility
* * * * * * *
[SEC. 857. REVIEW AND REPORT BY COMPTROLLER GENERAL.]
[SEC. 858.] SEC. 857. IDENTIFICATION OF NEW ENTRANTS INTO THE FEDERAL
MARKETPLACE.
* * * * * * *
Subtitle H--Miscellaneous Provisions
SEC. 871. ADVISORY COMMITTEES.
* * * * * * *
[SEC. 872. REORGANIZATION.]\150\
---------------------------------------------------------------------------
\150\The bill as reported by the Committee retained a provision in
H.R. 2825 as passed by the House of Representatives that would have
removed Section 872 of the Homeland Security Act of 2002. Retaining
this provision of the House bill was a drafting error by the Committee
that will be corrected before any action is taken by the full Senate on
the bill on the floor. The Chairman favors DHS retaining its ability to
reorganize under Section 872.
* * * * * * *
---------------------------------------------------------------------------
SEC. 874. FUTURE [YEAR] YEARS HOMELAND SECURITY PROGRAM.
[(a) In General.--Each budget request submitted to Congress
for the Department under section 1105 of title 32, United
States Code, shall, at or about the same time, be accompanied
by a Future Years Homeland Security Program.]
(a) In General.--Not later than 60 days after the date on
which the budget of the President is submitted to Congress
under section 1105(a) of title 31, United States Code, the
Secretary shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives (referred to
in this section as the `appropriate committees') a Future Years
Homeland Security Program that covers the fiscal year for which
the budget is submitted and the 4 succeeding fiscal years.
(b) * * *
[(c) Effective Date.--This section shall take effect with
respect to the preparation and submission of the fiscal year
2005 budget request for the Department and for any subsequent
fiscal year, except that the first Future Years Homeland
Security Program shall be submitted not later than 90 days
after the Department's fiscal year 2005 budget request is
submitted to Congress.]
(c) Projection of Acquisition Estimates.--On and after
February 1, 2019 each Future Years Homeland Security Program
shall project--
(1) acquisition estimates for the fiscal year for
which the budget is submitted and the 4 succeeding
fiscal years, with specified estimates for each fiscal
year, for all major acquisitions by the Department and
each component of the Department; and
(2) estimated annual deployment schedules for all
physical asset major acquisitions over the 5-fiscal-
year period described in paragraph (1), estimated costs
and number of service contracts, and the full operating
capability for all information technology major
acquisitions.
(d) Sensitive and Classified Information.--The Secretary
may include with each Future Years Homeland Security Program a
classified or other appropriately controlled document
containing information required to be submitted under this
section that is restricted from public disclosure in accordance
with Federal law or Executive order.
(e) Availability of Information to the Public.--The
Secretary shall make available to the public in electronic form
the information required to be submitted to the appropriate
committees under this section, other than information described
in subsection (d).
* * * * * * *
[SEC. 878. COUNTERNARCOTICS OFFICER.]
[SEC. 879. OFFICE OF INTERNATIONAL AFFAIRS.]
* * * * * * *
[SEC. 881. REVIEW OF PAY AND BENEFIT PLANS]
* * * * * * *
SEC. 884. FEDERAL LAW ENFORCEMENT TRAINING CENTERS
(a) * * *
* * * * * * *
(d) Training Responsibilities.--
(1) * * *
(2) * * *
(3) * * *
(4) Strategic Partnerships.--
(A) In general.--The Director may--
(i) * * *
(ii) coordinate with the [Under
Secretary responsible for overseeing
critical infrastructure protection,
cybersecurity, and other related
programs of the Department] Director of
Cybersecurity and Infrastructure
Security and with private sector
stakeholders, including critical
infrastructure owners and operators, to
provide training pertinent to improving
coordination, security, and resiliency
of critical infrastructure
* * * * * * *
SEC. 890B. DEPARTMENT LEADERSHIP COUNCILS.
(a) Department Leadership Councils.--
(1) Establishment.--The Secretary may establish
Department leadership councils as the Secretary
determines necessary to ensure coordination and improve
programs and activities of the Department.
(2) Function.--A Department leadership council
shall--
(A) serve as a coordinating forum;
(B) advise the Secretary and Deputy Secretary
on Department strategy, operations, and
guidance;
(C) establish policies to reduce duplication
in acquisition programs; and
(D) consider and report on such other matters
as the Secretary or Deputy Secretary may
direct.
(3) Relationship to other forums.--The Secretary or
Deputy Secretary may delegate the authority to direct
the implementation of any decision or guidance
resulting from the action of a Department leadership
council to any office, component, coordinator, or other
senior official of the Department
(b) Joint Requirements Council.--
(1) Definition of joint requirement.--In this
subsection, the term ``joint requirement'' means a
condition or capability of multiple operating
components of the Department that is required to be met
or possessed by a system, product, service, result, or
component to satisfy a contract, standard,
specification, or other formally imposed document.
(2) Establishment.--The Secretary shall establish
within the Department a Joint Requirements Council.
(3) Mission.--In addition to other matters assigned
to the Joint Requirements Council by the Secretary and
Deputy Secretary, the Joint Requirements Council
shall--
(A) identify, assess, and validate joint
requirements, including existing systems and
associated capability gaps, to meet mission
needs of the Department;
(B) ensure that appropriate efficiencies are
made among life cycle cost, schedule, and
performance objectives, and procurement
quantity objectives, in the establishment and
approval of joint requirements; and
(C) make prioritized capability
recommendations for the joint requirements
validated under subparagraph (A) to the
Secretary, the Deputy Secretary, or the
chairperson of a Department leadership council
designated by the Secretary to review decisions
of the Joint Requirements Council.
(4) Chairperson.--The Secretary shall appoint a
chairperson of the Joint Requirements Council, for a
term of not more than 2 years, from among senior
officials of the Department as designated by the
Secretary.
(5) Composition.--The Joint Requirements Council
shall be composed of senior officials representing
components of the Department and other senior officials
as designated by the Secretary.
(6) Relationship to future years homeland security
program.--The Secretary shall ensure that the Future
Years Homeland Security Program required under section
874 is consistent with the recommendations of the Joint
Requirements Council required under paragraph (3)(C),
as affirmed by the Secretary, the Deputy Secretary, or
the chairperson of a Department leadership council
designated by the Secretary under that paragraph.
* * * * * * *
Subtitle J--Secure Handling of Ammonium Nitrate
* * * * * * *
SEC. 899A. DEPARTMENT LEADERSHIP COUNCILS.
(a) In General.--The Secretary shall regulate the sale and
transfer of ammonium nitrate by an ammonium nitrate facility in
accordance with this subtitle to prevent the misappropriation
or use of ammonium nitrate in an act of terrorism. Such
regulations shall be carried out by the Cybersecurity and
Infrastructure Security Agency.
(b) Ammonium Nitrate Mixtures.--Not later than 90 days
after the date of the enactment of this subtitle, the
Secretary, in consultation with the heads of appropriate
Federal departments and agencies (including the Secretary of
Agriculture), shall, after notice and an opportunity for
comment, establish a threshold percentage for ammonium nitrate
in a substance.
SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF AMMONIUM NITRATE.
(a) In General.--The Secretary shall regulate the sale and
transfer of ammonium nitrate by an ammonium nitrate facility in
accordance with this subtitle to prevent the misappropriation
or use of ammonium nitrate in an act of terrorism. Such
regulations shall be carried out by the Cybersecurity and
Infrastructure Security Agency.
* * * * * * *
TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL
* * * * * * *
SEC. 903. MEMBERSHIP.
(a) [Members--]Members.--The members of the Council shall
be the following:
(1) The President.
(2) The Vice President.
(3) The Secretary of Homeland Security.
(4) The Attorney General.
(5) The Secretary of Defense.
(6) Such other individuals as may be designated by
the President.
(b) * * *
* * * * * * *
TITLE XVI--TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--Transportation Security Administration Acquisition
Improvements
SEC. 1611. 5-YEAR TECHNOLOGY INVESTMENT PLAN.
(a) * * *
* * * * * * *
(d) Contents of Plan.--The Plan shall include--
(1) an analysis of transportation security risks and
the associated capability gaps that would be best
addressed by security-related technology, including
consideration of the most recent quadrennial homeland
security review under [section 707] section 706;
* * * * * * *
TITLE XVIII--EMERGENCY COMMUNICATIONS
* * * * * * *
SEC. 1801. [OFFICE OF EMERGENCY COMMUNICATIONS] EMERGENCY
COMMUNICATIONS DIVISION.
(a) In General.--There is established in the Department an
[Office of Emergency Communications] Emergency Communications
Division. The Division shall be located in the Cybersecurity
and Infrastructure Security Agency.
[(b) Director.--The head of the office shall be the
Director for Emergency Communications. The Director shall
report to the Assistant Secretary for Cybersecurity and
Communications.]
(b) Assistant Director.--The head of the Division shall be
the Assistant [Director for Emergency Communications]. The
Assistant Director shall report to the Director of
Cybersecurity and Infrastructure Security. All decisions of the
Assistant Director that entail the exercise of significant
authority shall be subject to the approval of the Director of
Cybersecurity and Infrastructure Security.
(c) Responsibilities.--The Assistant Director for Emergency
Communications shall--
(1) * * *
(2) * * *
[(3) administer the Department's responsibilities and
authorities relating to the Integrated Wireless Network
program;]
[(4)](3) * * *
[(5)](4) * * *
[(6)](5) * * *
[(7)](6) * * *
[(8)](7) * * *
[(9)](8) * * *
[(10)](9) * * *
[(11)](10) * * *
[(12)](11) review, in consultation with the
[Assistant Secretary for Grants and Training]
Administrator of the Federal Emergency Management
Agency, all interoperable emergency communications
plans of Federal, State, local, and tribal governments,
including Statewide and tactical interoperability
plans, developed pursuant to homeland security
assistance administered by the Department, but
excluding spectrum allocation and management related to
such plans;
[(13)](12) * * *
[(14)](13) perform such other duties of the
Department necessary to support and promote the ability
of emergency response providers and relevant government
officials to continue to communicate in the event of
natural disasters, acts of terrorism, and other man-
made disasters; [and]
(14) administer the Government Emergency
Telecommunications Service (GETS) and Wireless Priority
Service (WPS) programs, or successor programs;
(15) assess the impact of emerging technologies on
interoperable emergency communications; [and]
(16) fully participate in the mechanisms required
under section 2202(c)(8); and
[(15)][(16)] (17) perform other duties of the
Department necessary to achieve the goal of and
maintain and enhance interoperable emergency
communications capabilities.
(d) Performance of Previously Transferred Functions.--The
Secretary shall transfer to, and administer through, the
Assistant Director for Emergency Communications the following
programs and responsibilities:
(1) * * *
[(2) The responsibilities of the Chief Information
Officer related to the implementation of the Integrated
Wireless Network.]
[(3)](2) The Interoperable Communications Technical
Assistance Program.
(e) Coordination.--The Assistant Director for Emergency
Communications shall coordinate--
(1) * * *
(2) * * *
[(f) Sufficiency of Resources Plan.--
[(1) Report.--Not later than 120 days after the date
of enactment of this section, the Secretary shall
submit to Congress a report on the resources and staff
necessary to carry out fully the responsibilities under
this title.
[(2) Comptroller general review.--The Comptroller
General shall under paragraph (1). Not later than 60
days after the date on which such report is submitted,
the Comptroller General shall submit to Congress a
report containing the findings of such review.]
(f) Annual Reporting of Division Activities.--The Assistant
[Director for Emergency Communications] shall, not later than 1
year after the date of the enactment of this subsection and
annually thereafter for each of the next 4 years, report to the
Committee on Homeland Security and the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate on the
activities and programs of the Emergency Communications
Division, including specific information on efforts to carry
out paragraphs (3), (4), and (5) of subsection (c).
SEC. 1802. NATIONAL EMERGENCY COMMUNICATIONS PLAN.
(a) In General.--The Secretary, acting through the
[Director for Emergency Communications] Assistant Director for
Emergency Communications[, and in cooperation with the
Department of National Communications System (as appropriate),]
shall, in cooperation with State, local, and tribal
governments, Federal departments and agencies, emergency
response providers, and the private sector, develop not later
than 180 days after the completion of the baseline assessment
under section 1803, and periodically, but not less than once
every 5 years, update, a National Emergency Communications Plan
to provide recommendations regarding how the United States
should--
(1) * * *
(2) * * *
(b) * * *
(c) Contents.--The National Emergency Communications Plan
shall--
(1) * * *
(2) * * *
(3) consider the impact of emerging technologies on
the attainment of interoperable emergency
communications;
[(3)](4) * * *
[(4)](5) * * *
[(5)](6) * * *
[(6)](7) * * *
[(7)](8) * * *
[(8)](9) * * *
[(9)](10) * * *
[(10)](11) * * *
SEC. 1803. ASSESSMENTS AND REPORTS.
(a) Baseline Assessment.--Not later than 1 year after the
date of enactment of this section and not less than every 5
years thereafter, the Secretary, acting through the [Director
for Emergency Communications] Assistant Director for Emergency
Communications, shall conduct an assessment of Federal, State,
local, and tribal governments that--
* * * * * * *
(d) Progress Reports.--Not later than one year after the
date of enactment of this section and biennially thereafter,
the Secretary, acting through the [Director for Emergency
Communications] Assistant Director for Emergency
Communications, shall submit to Congress a report on the
progress of the Department in achieving the goals of, and
carrying out its responsibilities its responsibilities under,
this title, including--
* * * * * * *
SEC. 1804. COORDINATION OF DEPARTMENT EMERGENCY COMMUNICATIONS GRANT
PROGRAMS.
(a) Coordination of Grants and Standards Programs.--The
Secretary, acting through the [Director for Emergency
Communications] Assistant Director for Emergency
Communications, shall ensure that grant guidelines for the use
of homeland security assistance administered by the Department
relating to interoperable emergency communications are
coordinated and consistent with the goals and recommendations
in the National Emergency Communications Plan under section
1802.
(b) Denial of Eligibility for Grants.--
(1) In general.--The Secretary, acting through the
[Assistant Secretary for Grants and
Planning]Administrator of the Federal Emergency
Management Agency, and in consultation with the
[[Director for Emergency Communications]] Assistant
[Director for Emergency Communications], may prohibit
any State, local, or tribal government from using
homeland security assistance administered by the
Department to achieve, maintain, or enhance emergency
communications capabilities, if--
* * * * * * *
SEC. 1809. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.
(a) * * *
(b) Policy.--The [Director for Emergency Communications]
Assistant Director for Emergency Communications shall ensure
that a grant awarded to a State under this section is
consistent with the policies established pursuant to the
responsibilities and authorities of the [Office of Emergency
Communications] Emergency Communications Division under this
title, including ensuring that activities funded by the grant--
(1) * * *
(2) * * *
(c) Administration.--
(1) * * *
(2) Guidance.--In administering the grant program,
the Administrator shall ensure that the use of grants
is consistent with guidance established by the
[Director of Emergency Communications] Assistant
Director for Emergency Communications pursuant to
section 7303(a)(1)(H) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C.
194(a)(1)(H)).
(d) * * *
(e) Approval of Plans.--
(1) Approval as condition of grant.--Before a State
may receive a grant under this section, the [Director
of Emergency Communications] Assistant Director for
Emergency Communications shall approve the State's
Statewide Interoperable Communications Plan required
under section 7303(f) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)).
(2) Plan requirements.--In approving a plan under
this subsection, [the Director of Emergency
Communications] the Assistant Director of Emergency
Communications shall ensure that the plan--(A) is
designed to improve interoperability at the city,
county, regional, State and interstate level; (B)
considers any applicable local or regional plan; and
(C) complies, to the maximum extent practicable, with
the National Emergency Communications Plan under
section 1802.
(3) Approval of revisions.--The [Director] Assistant
Director of Emergency Communications may approve
revisions to a State's plan if [the Director] the
Assistant Director determines that doing so is likely
to further interoperability.
* * * * * * *
(m) Reports.--
(1) Annual reports by state grant recipients.--A
State that receives a grant under this section shall
annually submit to the [Director] Assistant Director of
Emergency Communications a report on the progress of
the State in implementing that State's Statewide
Interoperable Communications Plans required under
section 7303(f) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)) and
achieving interoperability at the city, county,
regional, State, and interstate levels. [The Director]
The Assistant Director shall make the reports publicly
available, including by making them available on the
Internet website of the [Office of Emergency
Communications] Cybersecurity and Infrastructure
Security Agency, subject to any redactions that [the
Director determines] the Assistant Director determines
are necessary to protect classified or other sensitive
information.
(2) Annual reports to congress.--At least once each
year, the [Director of Emergency Communications]
Assistant Director for Emergency Communications shall
submit to Congress a report on the use of grants
awarded under this section and any progress in
implementing Statewide Interoperable Communications
Plans and improving interoperability at the city,
county, regional, State, and interstate level, as a
result of the award of such grants.
* * * * * * *
SEC. 1810. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.
(a) In General.--
(1) Establishment.--The Secretary acting through the
[Director of the Office of Emergency Communications
(referred to in this section as the ``Director'')]
Assistant Director for Emergency Communications
(referred to in this section as the ``Assistant
Director''), and in coordination with the Federal
Communications Commission and the Secretary of
Commerce, shall establish an International Border
Community Interoperable Communications Demonstration
Project (referred to in this section as the
``demonstration project'').
(2) Minimum number of communities.--The [Director]
Assistant Director shall select no fewer than 6
communities to participate in a demonstration project.
(3) * * *
(b) Conditions.--[The Director] The Assistant Director, in
coordination with the Federal Communications Commission and the
Secretary of Commerce, shall ensure that the project is carried
out as soon as adequate spectrum is available as a result of
the 800 megahertz rebanding process in border areas, and shall
ensure that the border projects do not impair or impede the
rebanding process, but under no circumstances shall funds be
distributed under this section unless the Federal
Communications Commission and the Secretary of Commerce agree
that these conditions have been met.
(c) Program Requirements.--Consistent with the
responsibilities of the [Office of Emergency Communications]
Emergency Communications Division under section 1801, the
[Director] Assistant Director shall foster local, tribal,
State, and Federal interoperable emergency communications, as
well as interoperable emergency communications with appropriate
Canadian and Mexican authorities in the communities selected
for the demonstration project. The [Director] Assistant
Director shall--
(1) * * *
* * * * * * *
(6) take other actions or provide equipment as the
[Director] Assistant Director deems appropriate to
foster interoperable emergency communications.
(d) Distribution of Funds.--
(1) * * *
(2) * * *
(3) Report.--Not later than 90 days after a State
receives funds under this subsection the State shall
report to the [Director] Director on the status of the
distribution of such funds to local and tribal
governments.
(e) Maximum Period of Grants.--The [Director] Assistant
Director may not fund any participant under the demonstration
project for more than 3 years.
(f) Transfer of Information and Knowledge.--The [Director]
Assistant Director shall establish mechanisms to ensure that
the information and knowledge gained by participants in the
demonstration project are transferred among the participants
and to other interested parties, including other communities
that submitted applications to the participant in the project.
* * * * * * *
TITLE XIX--[DOMESTIC NUCLEAR DETECTION OFFICE] COUNTERING WEAPONS OF
MASS DESTRUCTION OFFICE
SEC. 1900. DEFINITIONS.
In this title:
(1) Assistant secretary.--The term ``Assistant
Secretary'' means the Assistant Secretary for the
Countering Weapons of Mass Destruction Office.
(2) Office.--The term ``Office'' means the Countering
Weapons of Mass Destruction Office established under
section 1901(a).
(3) Weapon of mass destruction.--The term ``weapon of
mass destruction'' has the meaning given the term in
section 101 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801).
[SEC. 1901. DOMESTIC NUCLEAR DETECTION OFFICE.]
Subtitle A--Countering Weapons of Mass Destruction Office
SEC. 1901. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.
(a) Establishment.--There is established in the Department
a Countering Weapons of Mass Destruction Office.
(b) Assistant Secretary.--The Office shall be headed by an
Assistant Secretary for the Countering Weapons of Mass
Destruction Office, who shall be appointed by the President.
(c) Responsibilities.--The Assistant Secretary shall serve
as the Secretary's principal advisor on--
(1) weapons of mass destruction matters and
strategies; and
(2) coordinating the efforts to counter weapons of
mass destruction.
[SEC. 1905. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND FEDERAL
AGENCIES.]
Subtitle B--Mission of the Office
SEC. 1921. MISSION OF THE OFFICE.
The Office shall be responsible for coordinating with other
Federal efforts and developing departmental strategy and policy
to plan, detect, or protect against the importation,
possession, storage, transportation, development, or use of
unauthorized chemical, biological, radiological, or nuclear
materials, devices, or agents, in the United States and to
protect against an attack using such materials, devices, or
agents against the people, territory, or interests of the
United States.
SEC. 1922. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND FEDERAL
AGENCIES.
(a) In General.--The authority of the Assistant Secretary
under this title shall neither affect nor diminish the
authority or the responsibility of any officer of the
Department or of any officer of any other department or agency
of the United States with respect to the command, control, or
direction of the functions, personnel, funds, assets, and
liabilities of any entity within the Department or any Federal
department or agency.
(b) Federal Emergency Management Agency.--Nothing in this
title or any other provision of law may be construed to affect
or reduce the responsibilities of the Federal Emergency
Management Agency or the Administrator of the Agency, including
the diversion of any asset, function, or mission of the Agency
or the Administrator of the Agency.
[SEC. 1902. MISSION OF OFFICE] SEC. 1923. RESPONSIBILITIES.
(a) * * *
(1) * * *
* * * * * * *
(10) * * *
(11) establish, within the [Domestic Nuclear
Detection Office] Countering Weapons of Mass
Destruction Office, the National Technical Nuclear
Forensics Center to provide centralized stewardship,
planning, assessment, gap analysis, exercises,
improvement, and integration for all Federal nuclear
forensics and attribution activities--
* * * * * * *
[SEC. 1903.] SEC. 1924. HIRING AUTHORITY.
[SEC. 1904.] SEC. 1925. TESTING AUTHORITY.
(a) In General.--The Director shall coordinate with the
responsible Federal agency or other entity to facilitate the
use by the Office, by its contractors, or by other persons or
entities, of existing Government laboratories, centers, ranges,
or other testing facilities for the testing of materials,
equipment, models, computer software, and other items as may be
related to the missions identified in [section 1902] section
1923. Any such use of Government facilities shall be carried
out in accordance with all applicable laws, regulations, and
contractual provisions, including those governing security,
safety, and environmental protection, including, when
applicable, the provisions of section 309. The Office may
direct that private sector entities utilizing Government
facilities in accordance with this section pay an appropriate
fee to the agency that owns or operates those facilities to
defray additional costs to the Government resulting from such
use.
* * * * * * *
[SEC. 1906.] SEC. 1926. CONTRACTING AND GRANT MAKING AUTHORITIES.
The Secretary, acting through the [Director for Domestic
Nuclear Detection] Assistant Secretary for the Countering
Weapons of Mass Destruction Office, in carrying out the
responsibilities under paragraphs (6) and (7) of section
[1902(a)] 1923(a) of this title, shall--
(1) operate extramural and intramural programs and
distribute funds through grants, cooperative
agreements, and other transactions and contracts;
(2) ensure that activities under paragraphs (6) and
(7) of section [1902(a)] 1923(a) of this title include
investigations of radiation detection equipment in
configurations suitable for deployment at seaports,
which may include underwater or water surface detection
equipment and detection equipment that can be mounted
on cranes and straddle cars used to move shipping
containers; and
(3) have the authority to establish or contract with
1 or more federally funded research and development
centers to provide independent analysis of homeland
security issues and carry out other responsibilities
under this subchapter.
[SEC. 1907.] SEC. 1927. JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL
NUCLEAR DETECTION ARCHITECTURE.
(a) Annual Review.--
(1) * * *
(A) * * *
(B) * * *
(C) the [Director of the Domestic Nuclear
Detection Office] Assistant Secretary for the
Countering Weapons of Mass Destruction Office
and each of the relevant departments that are
partners in the National Technical Forensics
Center--
* * * * * * *
(c) Definition.--In this section, the term global nuclear
detection architecture means the global nuclear detection
architecture developed under [section 1902] section 1923 of
this title.
* * * * * * *
Subtitle C--Chief Medical Officer
SEC. 1931. CHIEF MEDICAL OFFICER.
(a) In General.--There is in the Department a Chief Medical
Officer, who shall be appointed by the Secretary. The Chief
Medical Officer shall report to the Assistant Secretary.
(b) Qualifications.--The individual appointed as Chief
Medical Officer shall be a licensed physician possessing a
demonstrated ability in and knowledge of medicine and public
health.
(c) Responsibilities.--The Chief Medical Officer shall have
the responsibility within the Department for medical issues
related to natural disasters, acts of terrorism, and other man-
made disasters including--
(1) serving as the principal advisor to the
Secretary, the Assistant Secretary, and other
Department officials on medical and public health
issues;
(2) providing operational medical support to all
components of the Department;
(3) as appropriate provide medical liaisons to the
components of the Department, on a reimbursable basis,
to provide subject matter expertise on operational
medical issues;
(4) coordinating with State, local, and tribal
governments, the medical community, and others within
and outside the Department, including the Department of
Health and Human Services Centers for Disease Control,
with respect to medical and public health matters; and
(5) performing such other duties relating to such
responsibilities as the Secretary may require.
* * * * * * *
TITLE XX--HOMELAND SECURITY GRANTS
SEC. 2001. DEFINITIONS.
In this title, the following definitions shall apply:
(1) * * *
(2) * * *
(3) Core capabilities.--The term ``core
capabilities'' means the capabilities for Federal,
State, local, and tribal government preparedness for
which guidelines are required to be established under
section 646(a) of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 746(a)).
[(3)](4) Critical infrastructure sectors.--The term
``critical infrastructure sectors'' means the following
sectors, in both urban and rural areas:
* * * * * * *
[(4)](5) Directly eligible tribe.--The term
``directly eligible tribe means--
(A) any Indian tribe--
(i) * * *
(ii) * * *
(iii) * * *
(I) * * *
(II) that is located within
10 miles of a system or asset
included on the prioritized
critical infrastructure list
established under [section
210E(a)(2)] section 2214(a)(2)
or has such a system or asset
within its territory;
(III) * * *
(IV) * * *
(iv) * * *
(B) * * *
[(5)](6) * * *
[(6)](7) * * *
[(7)](8) * * *
[(8)](9) * * *
[(9)](10) * * *
[(10)](11) * * *
[(11)](12) * * *
[(12)](13) * * *
[(13) Target capabilities.--The term ``target
capabilities'' means the target capabilities for
Federal, State, local, and tribal government
preparedness for which guidelines are required to be
established under section 646(a) of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C.
746(a)).]
(14) Tribal government.--The term ``tribal
government'' means the government of an Indian tribe.
* * * * * * *
Subtitle A--Grants to State and High-Risk Urban Areas
SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.
(a) Grants Authorized.--The Secretary, through the
Administrator, may award grants under sections [2003 and 2004]
sections 2003, 2004, and 2010 to State, local, and tribal
governments.
(b) * * *
(c) * * *
SEC. 2003. URBAN AREA SECURITY INITIATIVE.
(a) * * *
(b) Assessment and Designation of High-Risk Urban Areas.--
(1) In general.--The Administrator shall designate
high-risk urban areas to receive grants under this
section based on procedures under this subsection.
(2) Initial assessment.--
(A) In general.--For each fiscal year, the
Administrator shall conduct an initial
assessment using the most up-to-date data
available of the relative threat,
vulnerability, and consequences from acts of
terrorism faced by each eligible metropolitan
area, including consideration of--
* * * * * * *
(d) Distribution of Awards.--
(1) * * *
(2) * * *
(A) * * *
[(B) Funds retained.--A State shall provide
each relevant high-risk urban area with an
accounting of the items, services, or
activities on which any funds retained by the
State under subparagraph (A) were expended.]
(B) Funds retained.--To ensure transparency
and avoid duplication, a State shall provide
each relevant high-risk urban area with a
detailed accounting of the items, services, or
activities on which any funds retained by the
State under subparagraph (A) are to be
expended. Such accounting shall be provided not
later than 90 days after the date on which such
funds are retained.
(3) * * *
(4) * * *
[(e) Authorization of Appropriations.--There are authorized
to be appropriated for grants under this section--
(1) $850,000,000 for fiscal year 2008;
(2) $950,000,000 for fiscal year 2009;
(3) $1,050,000,000 for fiscal year 2010;
(4) $1,150,000,000 for fiscal year 2011;
(5) $1,300,000,000 for fiscal year 2012; and
(6) such sums as are necessary for fiscal year 2013,
and each fiscal year thereafter.]
(e) Threat and Hazard Identification Risk Assessment and
Capability Assessment.--As a condition of receiving a grant
under this section, each high-risk urban area shall submit to
the Administrator a threat and hazard identification and risk
assessment and capability assessment--
(1) at such time and in such form as is required by
the Administrator; and
(2) consistent with the Federal Emergency Management
Agency's Comprehensive Preparedness Guide 201, Second
Edition, or such successor document or guidance as is
issued by the Administrator.
(f) Period of Performance.--The Administrator shall make
funds provided under this section available for use by a
recipient of a grant for a period of not less than 36 months.
SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.
(a) * * *
* * * * * * *
[(f) Authorization of Appropriations.--There are authorized
to be appropriated for grants under this section--
(1) $950,000,000 for each of fiscal years 2008
through 2012; and
(2) such sums as are necessary for fiscal year 2013,
and each fiscal year thereafter.]
(f) Threat and Hazard Identification and Risk Assessment
and Capability Assessment.--
(1) In general.--As a condition of receiving a grant
under this section, each State shall submit to the
Administrator a threat and hazard identification and
risk assessment and capability assessment--
(A) at such time and in such form as is
required by the Administrator; and
(B) consistent with the Federal Emergency
Management Agency's Comprehensive Preparedness
Guide 201, Second Edition, or such successor
document or guidance as is issued by the
Administrator.
(2) Collaboration.--In developing the threat and
hazard identification and risk assessment under
paragraph (1), a State shall solicit input from local
and tribal governments, including first responders,
and, as appropriate, nongovernmental and private sector
stakeholders.
(3) First responders defined.--In this subsection,
the term ``first responders''--
(A) means an emergency response provider; and
(B) includes representatives of local
governmental and nongovernmental fire, law
enforcement, emergency management, and
emergency medical personnel.
(g) Period of Performance.--The Administrator shall make
funds provided under this section available for use by a
recipient of a grant for a period of not less than 36 month.
SEC. 2005. GRANTS TO DIRECTLY ELIGIBLE TRIBES.
(a) * * *
* * * * * * *
(h) Period of Performance.--The Secretary shall make funds
provided under this section available for use by a recipient of
a grant for a period of not less than 36 months.
[(h)](i) * * *
[(i)](j) * * *
[(j)](k) State Obligations.--
(1) In general.--States shall be responsible for
allocating grant funds received under section 2004 to
tribal governments in order to help those tribal
communities achieve [target] core capabilities not
achieved through grants to directly eligible tribes.
(2) * * *
(3) * * *
[(k)](l) * * *
SEC. 2006. TERRORISM PREVENTION.
(a) Law Enforcement Terrorism Prevention Program.--
(1) In general.--The Administrator shall ensure that
States and high-risk urban areas expend not less than
25 percent of the total combined funds appropriated for
grants under sections 2003 and 2004 [is used] for law
enforcement terrorism prevention activities.
(2) * * *
(A) * * *
* * * * * * *
[(I) any other activity permitted under the
Fiscal Year 2007 Program Guidance of the
Department for the Law Enforcement Terrorism
Prevention Program; and]
(I) activities as determined appropriate by
the Administrator, in coordination with the
Assistant Secretary for State and Local Law
Enforcement within the Office of Partnership
and Engagement of the Department, through
outreach to relevant stakeholder organizations;
and
(J) * * *
(3) * * *
(4) Annual report.--The Administrator, in
coordination with the Assistant Secretary for State and
Local Law Enforcement, shall report annually from
fiscal year 2018 through fiscal year 2022 on the use of
grants under sections 2003 and 2004 for law enforcement
terrorism prevention activities authorized under this
section, including the percentage and dollar amount of
funds used for such activities and the types of
projects funded.
(b) Office for State and Local Law Enforcement.--
(1) Establishment.--There is established in the
[Policy Directorate] Office of Partnership and
Engagement of the Department an Office for State and
Local Law Enforcement, which shall be headed by an
Assistant Secretary for State and Local Law
Enforcement.
(2) * * *
(3) * * *
(4) Responsibilities.--The Assistant Secretary for
State and Local Law Enforcement shall--
(A) * * *
(B) serve as a liaison between State, local,
and tribal law enforcement agencies and the
Department, including through consultation with
such agencies regarding Department programs
that may impact such agencies;
(C) * * *
(D) work with the Administrator to [ensure]
verify that law enforcement and terrorism-
focused grants to State, local, and tribal
government agencies, including grants under
sections 2003 and 2004, the Commercial
Equipment Direct Assistance Program, and other
grants administered by the Department to
support fusion centers and law enforcement-
oriented programs, are appropriately focused on
terrorism prevention activities;
(E) coordinate with the Science and
Technology Directorate, the Federal Emergency
Management Agency, the Department of Justice,
the National Institute of Justice, law
enforcement organizations, and other
appropriate entities to support the
development, promulgation, and updating, as
necessary, of national voluntary consensus
standards for training and personal protective
equipment to be used in a tactical environment
by law enforcement officers; [and]
(F) conduct, jointly with the Administrator,
a study to determine the efficacy and
feasibility of establishing specialized law
enforcement deployment teams to assist State,
local, and tribal governments in responding to
natural disasters, acts of terrorism, or other
man-made disasters and report on the results of
that study to the appropriate committees of
Congress[.];
(G) produce an annual catalog that summarizes
opportunities for training, publications,
programs, and services available to State,
local, tribal, and territorial law enforcement
agencies from the Department and from each
component and office within the Department and,
not later than 30 days after the date of such
production, disseminate the catalog, including
by--
(i) making such catalog available to
State, local, tribal, and territorial
law enforcement agencies, including by
posting the catalog on the website of
the Department and cooperating with
national organizations that represent
such agencies;
(ii) making such catalog available
through the Homeland Security
Information Network; and
(iii) submitting such catalog to the
Committee on Homeland Security of the
House of Representatives and the
Committee on Homeland Security and
Governmental Affairs of the Senate; and
(H) in coordination with appropriate
components and offices of the Department and
other Federal agencies, develop, maintain, and
make available information on Federal resources
intended to support fusion center access to
Federal information and resources.
(5) Report.--For each of fiscal years 2019 through
2023, the Assistant Secretary for State and Local Law
Enforcement shall submit to the Committee on Homeland
Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
of the Senate a report on the activities of the Office
for State and Local Law Enforcement. Each such report
shall include, for the fiscal year covered by the
report, a description of each of the following:
(A) Efforts to coordinate and share
information regarding Department and component
agency programs with State, local, and tribal
law enforcement agencies.
(B) Efforts to improve information sharing
through the Homeland Security Information
Network by appropriate component agencies of
the Department and by State, local, and tribal
law enforcement agencies.
(C) The status of performance metrics within
the Office for State and Local Law Enforcement
to evaluate the effectiveness of efforts to
carry out responsibilities set forth within
this subsection.
(D) Any feedback from State, local, and
tribal law enforcement agencies about the
Office for State and Local Law Enforcement,
including the mechanisms utilized to collect
such feedback.
(E) Efforts to carry out all other
responsibilities of the Office for State and
Local Law Enforcement.
[(5)] (6) Rule of construction.--Nothing in this
subsection shall be construed to diminish, supercede,
or replace the responsibilities, authorities, or role
of the Administrator.
SEC. 2007. PRIORITIZATION.
(a) In General.--In allocating funds among States and high-
risk urban areas applying for grants under section 2003 or
2004, the Administrator shall consider, for each State or high-
risk urban area--
(1) its relative threat, vulnerability, and
consequences from acts of terrorism, including
consideration of--
[(A) its population, including appropriate
consideration of military, tourist, and
commuter populations;]
(A) its population, including consideration
of domestic and international tourists,
commuters, and military populations, including
military populations residing in communities
outside military installations;
* * * * * * *
(E) the most current threat assessments
available to the Department, including threat
information from other relevant Federal
agencies and field offices, as appropriate;
* * * * * * *
(I) the extent to which it has unmet [target]
core capabilities;
(J) * * *
(2) the anticipated effectiveness of the proposed use
of the grant by the State or high-risk urban area in
increasing the ability of that State or high-risk urban
area to prevent, prepare for, protect against, and
respond to acts of terrorism, to meet its [target] core
capabilities, and to otherwise reduce the overall risk
to the high-risk urban area, the State, or the Nation.
(b) * * *
SEC. 2008. USE OF FUNDS.
(a) Permitted Uses.--The Administrator to use grant funds
to achieve [target] core capabilities related to preventing,
preparing for, protecting against, and responding to acts of
terrorism, consistent with a State homeland security plan and
relevant local, tribal, and regional homeland security plans,
including by working in conjunction with a National Laboratory
(as defined in section 2(3) of the Energy Policy Act of 2005
(42 U.S.C. 15801(3))), through--
(1) * * *
(2) * * *
(3) protecting a system or asset included on the
prioritized critical infrastructure list established
under [section 210E(a)(2)] section 2214(a)(2);
(4) * * *
(5) ensuring operability and achieving
interoperability of emergency communications, provided
such emergency communications align with the Statewide
Communication Interoperability Plan and are coordinated
with the Statewide Interoperability Coordinator or
Statewide interoperability governance body of the State
of the recipient;
(6) enhancing medical preparedness, medical surge
capacity, and mass prophylaxis capabilities, including
the development and maintenance of an initial
pharmaceutical stockpile, including medical kits and
diagnostics sufficient to protect first responders (as
defined in section 2004(f)), their families, immediate
victims, and vulnerable populations from a chemical or
biological event;
(7) enhancing cybersecurity, including preparing for
and responding to cybersecurity risks and incidents (as
such terms are defined in section 2209) and developing
statewide cyber threat information analysis and
dissemination activities;
[(6)](8) responding to an increase in the threat
level under the [Homeland Security Advisory System]
National Terrorism Advisory System, or to the needs
resulting from a National Special Security Event;
[(7)](9) * * *
[(8)](10) * * *
[(9)](11) * * *
[(10)](12) * * *
[(11)](13) * * *
[(12)](14) paying expenses directly related to
administration of the grant, except that such expenses
may not exceed [3] 5 percent of the amount of the
grant; and
[(13)](15) any activity permitted under the Fiscal
Year 2007 Program Guidance of the Department for the
State Homeland Security Grant Program, the Urban Area
Security Initiative (including activities permitted
under the full-time counterterrorism staffing pilot),
or the Law Enforcement Terrorism Prevention Program[;
and].
[(14) any other appropriate activity, as determined
by the Administrator.]
(b) Limitations on Use of Funds.--
(1) In general.--Funds provided under section 2003 or
2004 may not be used--
(A) to supplant State or local funds, except
that nothing in this paragraph shall prohibit
the use of grant funds provided to a State or
high-risk urban area for otherwise permissible
uses under section (a) on the basis that a
State or high-risk urban area has previously
used State or local funds to support the same
or similar uses; [or]
(B) for any State or local government cost-
sharing contribution[.]; or
(C) to support any organization or group
which has knowingly or recklessly funded
domestic terrorism or international terrorism
(as those terms are defined in section 2331 of
title 18, United States Code) or organization
or group known to engage in or recruit to such
activities, as determined by the Secretary in
consultation with the Administrator, the Under
Secretary for Intelligence and Analysis, and
the heads of other appropriate Federal
departments and agencies.
(2) * * *
(3) Limitations on Discretion.--
(A) * * *
(B) Analysts.--If amounts awarded to a grant
recipient under section 2003 or 2004 are used
for paying salary or benefits of a qualified
intelligence analyst under subsection [(a)(10)]
(a)(12), the Administrator shall make such
amounts available without time limitations
placed on the period of time that the analyst
can serve under the grant.
(4) Construction.--
(A) In general.--A grant awarded under
section 2003 or 2004 may not be used to acquire
land or to construct buildings or other
physical facilities.
(B) Exceptions.--
(i) In general.--Notwithstanding
subparagraph (A), nothing in this
paragraph shall prohibit the use of a
grant awarded under section 2003 or
2004 to achieve [target] core
capabilities related to preventing,
preparing for, protecting against, or
responding to acts of terrorism,
including through the alteration or
remodeling of existing buildings for
the purpose of making such buildings
secure against acts of terrorism.
(ii) * * *
(iii) * * *
(c) Multiple-Purpose Funds.--Nothing in this subtitle shall
be construed to prohibit State, local, or tribal governments
from using grant funds under sections 2003 and 2004 in a manner
that enhances preparedness for disasters unrelated to acts of
terrorism, if such use assists such governments in achieving
[target] core capabilities related to preventing, preparing
for, protecting against, or responding to acts of terrorism.
(d) * * *
(e) * * *
(f) Equipment Standards.--[If an applicant]
(1) Application requirement.--If an applicant for a
grant under section 2003 or 2004 proposes to upgrade or
purchase, with assistance provided under that grant,
new equipment or systems that do not meet or exceed any
applicable national voluntary consensus standards
developed under section 647 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 747),
the applicant shall include in its application an
explanation of why such equipment or systems will serve
the needs of the applicant better than equipment or
systems that meet or exceed such standards.
(2) Review process.--The Administrator shall
implement a uniform process for reviewing applications
that, in accordance with paragraph (1), contain
explanations for a proposal to use grants provided
under section 2003 or 2004 to purchase equipment or
systems that do not meet or exceed any applicable
national voluntary consensus standards developed under
section 647 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 747).
(3) Factors.--In carrying out the review process
under paragraph (2), the Administrator shall consider
the following:
(A) Current or past use of proposed equipment
or systems by Federal agencies or the Armed
Forces.
(B) The absence of a national voluntary
consensus standard for such equipment or
systems.
(C) The existence of an international
consensus standard for such equipment or
systems, and whether such equipment or systems
meets such standard.
(D) The nature of the capability gap
identified by the applicant, and how such
equipment or systems will address such gap.
(E) The degree to which such equipment or
systems will serve the needs of the applicant
better than equipment or systems that meet or
exceed existing consensus standards.
(F) Any other factor determined appropriate
by the Administrator.
(g) Review Process.--The Administrator shall implement a
uniform process for reviewing applications to use grants
provided under section 2003 or 2004 to purchase equipment or
systems not included on the Authorized Equipment List
maintained by the Administrator.
(h) Maintenance of Equipment.--Any applicant for a grant
under section 2003 or 2004 seeking to use funds to purchase
equipment, including pursuant to paragraphs (3), (4), (5), or
(12) of subsection (a) of this section, shall by the time of
the receipt of such grant develop a plan for the maintenance of
such equipment over its life-cycle that includes information
identifying which entity is responsible for such maintenance.
SEC. 2009. OPERATION STONEGARDEN.
(a) Establishment.--There is established in the Department
a program to be known as `Operation Stonegarden'. Under such
program, the Secretary, acting through the Administrator, shall
make grants to eligible law enforcement agencies, through the
State Administrative Agency, to enhance border security in
accordance with this section.
(b) Eligible Recipients.--To be eligible to receive a grant
under this section, a law enforcement agency shall--
(1) be located in--
(A) a State bordering either Canada or
Mexico; or
(B) a State or territory with a maritime
border; and
(2) be involved in an active, ongoing U.S. Customs
and Border Protection operation coordinated through a
sector office.
(c) Permitted Uses.--The recipient of a grant under this
section may use such grant for any of the following:
(1) Equipment, including maintenance and sustainment
costs.
(2) Personnel costs, including overtime and backfill,
directly incurred in support of enhanced border law
enforcement activities.
(3) Any activity permitted for Operation Stonegarden
under the Department of Homeland Security's Fiscal Year
2016 Homeland Security Grant Program Notice of Funding
Opportunity.
(4) Any other appropriate activity, as determined by
the Administrator, in consultation with the
Commissioner of U.S. Customs and Border Protection.
(d) Period of Performance.--The Secretary shall make funds
provided under this section available for use by a recipient of
a grant for a period of not less than 36 months.
(e) Collection of Information.--For any fiscal year
beginning on or after the date that is 30 days after the date
of enactment of this section for which grants are made under
Operation Stonegarden, the Administrator shall separately
collect and maintain financial information with respect to
grants awarded under Operation Stonegarden, which shall
include--
(1) the amount of the awards;
(2) the amount obligated for the awards;
(3) the amount of outlays under the awards;
(4) financial plans with respect to the use of the
awards;
(5) any funding transfers or reallocations; and
(6) any adjustments to spending plans or
reprogramming.
(f) Oversight by the Administrator.--
(1) In general.--The Administrator shall establish
and implement guidelines--
(A) to ensure that amounts made available
under Operation Stonegarden are used in
accordance with grant guidance and Federal
laws;
(B) to improve program performance reporting
and program performance measurements to
facilitate designing, implementing, and
enforcing procedures under Operation
Stonegarden; and
(C) that require the recording of
standardized performance data regarding program
output.
(2) Submission.--Not later than 90 days after the
date of enactment of this section, the Administrator
shall submit to the Committee on Homeland Security and
the Committee on Oversight and Government Reform of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate the
guidelines established under paragraph (1).
(g) Financial Review Guidelines.--
(1) In general.--The Administrator, in coordination
with the Commissioner of U.S. Customs and Border
Protection, shall develop and implement guidelines
establishing procedures for implementing the auditing
and reporting requirements under section 2022 with
respect to Operation Stonegarden.
(2) Submission.--Not later than 90 days after the
date of enactment of this section, the Administrator
shall submit to the Committee on Homeland Security and
the Committee on Oversight and Government Reform of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate the
guidelines established under paragraph (1).
(h) Report and Briefing.--The Administrator, in
coordination with the Commissioner of U.S. Customs and Border
Protection, shall, at least annually during each of fiscal
years 2018 through 2022, submit to the Committee on Homeland
Security and the Committee on Oversight and Government Reform
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report and
briefing including--
(1) for the period covered by the report--
(A) information on how each recipient of a
grant under Operation Stonegarden expended
amounts received under the grant;
(B) a list of all operations carried out
using amounts made available under Operation
Stonegarden; and
(C) for each operation described in
subparagraph (B)--
(i) whether the operation is active
or completed;
(ii) the targeted purpose of the
operation;
(iii) the location of the operation;
and
(iv) the total number of hours worked
by employees of the grant recipient and
by employees of U.S. Customs and Border
Protection with respect to the
operation, including the number of
hours for which such employees received
basic pay and the number of hours for
which such employees received premium
pay, by type of premium pay; and
(2) in the first report submitted under this
subsection--
(A) an examination of the effects changing
the Operation Stonegarden Program to award
multi-year grants would have on the mission of
the program; and
(B) the findings and recommendations of the
Administrator regarding what changes could
improve the program to better serve the program
mission, which may include feedback from grant
recipients.
SEC. 2010. NON-PROFIT SECURITY GRANT PROGRAM.
(a) Establishment.--There is established in the Department
a program to be known as the `Non-Profit Security Grant
Program' (in this section referred to as the ``Program'').
Under the Program, the Secretary, acting through the
Administrator, shall make grants to eligible nonprofit
organizations described in subsection (b), through the State in
which such organizations are located, for target hardening and
other security enhancements to protect against terrorist
attacks.
(b) Eligible Recipients.--Eligible nonprofit organizations
described in this subsection (a) are organizations that are--
(1) described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section
501(a) of such Code; and
(2) determined to be at risk of a terrorist attack by
the Administrator.
(c) Permitted Uses.--The recipient of a grant under this
section may use such grant for any of the following:
(1) described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section
501(a) of such Code; and
(2) determined to be at risk of a terrorist attack by
the Administrator.
(d) Allocation.--The Administrator shall ensure that not
less than an amount equal to 30 percent of the total funds
appropriated for grants under the Program for each fiscal year
is used for grants to eligible nonprofit organizations
described in subsection (b) that are located in jurisdictions
not receiving funding under section 2003.
(e) Period of Performance.--The Administrator shall make
funds provided under this section available for use by a
recipient of a grant for a period of not less than 36 months.
* * * * * * *
Subtitle B--Grant Administration
SEC. 2021. ADMINISTRATION AND COORDINATION.
(a) * * *
(b) * * *
[(c) Interagency Coordination.--
[(1) In general.--Not later than 12 months after the
date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Secretary
(acting through the Administrator), the Attorney
General, the Secretary of Health and Human Services,
and the heads of other agencies providing assistance to
State, local, and tribal governments for preventing,
preparing for, protecting against, and responding to
natural disasters, acts of terrorism, and other man-
made disasters, shall jointly--
[(A) compile a comprehensive list of Federal
grant programs for State, local, and tribal
governments for preventing, preparing for,
protecting against, and responding to natural
disasters, acts of terrorism, and other manmade
disasters;
[(B) compile the planning, reporting,
application, and other requirements and
guidance for the grant programs described in
subparagraph (A);
[(C) develop recommendations, as appropriate,
to--(i) eliminate redundant and duplicative
requirements for State, local, and tribal
governments, including onerous application and
ongoing reporting requirements; (ii) ensure
accountability of the programs to the intended
purposes of such programs; (iii) coordinate
allocation of grant funds to avoid duplicative
or inconsistent purchases by the recipients;
(iv) make the programs more accessible and user
friendly to applicants; and (v) ensure the
programs are coordinated to enhance the overall
preparedness of the Nation;
[(D) submit the information and
recommendations under subparagraphs (A), (B),
and (C) to the appropriate committees of
Congress; and
[(E) provide the appropriate committees of
Congress, the Comptroller General, and any
officer or employee of the Government
Accountability Office with full access to any
information collected or reviewed in preparing
the submission under subparagraph (D).
[(2) Scope of task.--Nothing in this subsection shall
authorize the elimination, or the alteration of the
purposes, as delineated by statute, regulation, or
guidance, of any grant program that exists on the date
of the enactment of the Implementing Recommendations of
the 9/11 Commission Act of 2007, nor authorize the
review or preparation of proposals on the elimination,
or the alteration of such purposes, of any such grant
program.]
[(d)](c) * * *
(1) * * *
(2) * * *
(3) with respect to terrorism-focused grants, it is
necessary to ensure both that the [target] core
capabilities of the highest risk areas are achieved
quickly and that basic levels of preparedness, as
measured by the attainment of [target] core
capabilities, are achieved nationwide.
* * * * * * *
SEC. 2022. ACCOUNTABILITY.
(a) Audits of Grant Programs.--
(1) Compliance requirements.--
(A) * * *
(B) Access to information.--[The Department]
(i) In general.--The Department and
each recipient of a grant administered
by the Department shall provide the
Comptroller General and any officer or
employee of the Government
Accountability Office with full access
to information regarding the activities
carried out related to any grant
administered by the Department.
(ii) Inspector general review.--With
respect to each grant awarded, the
Inspector General of the Department
may--
(I) examine any records of
the contractor or grantee, any
of its subcontractors or
subgrantees, or any State or
local agency or other entity in
receipt of or administering any
grant awarded, that pertain to,
and involve transactions
relating to the contract,
subcontract, grant, or
subgrant; and
(II) interview any officer or
employee of the contractor or
grantee, any of its
subcontractors or subgrantees,
or any State or local agency or
other entity in receipt of or
administering any grant
awarded, regarding transactions
relating to the contract,
subcontract, grant, or
subgrant.
(iii) Rule of construction.--Nothing
in clause (ii) may be construed to
limit or restrict the authority of the
Inspector General of the Department.
* * * * * * *
(b) Reports by Grant Recipients.--
(1) Quarterly reports on homeland security
spending.--
(A) In general.--As a condition of receiving
[a grant under section 2003 or 2004] a covered
grant, any recipient, including, a State, high-
risk urban area, or directly eligible tribe,
shall, not later than 30 days after the end of
each Federal fiscal quarter, submit to the
Administrator or the Secretary, as appropriate
under the covered grant, a report on activities
performed using grant funds during that fiscal
quarter.
(B) Contents.--Each report submitted under
subparagraph (A) shall at a minimum include,
for the applicable recipient, including any
State, high-risk urban area, or directly
eligible tribe, and each subgrantee thereof--
(i) the amount obligated to that
recipient under [section 2003 or 2004]
the covered grant in that quarter;
(ii) the amount of funds received and
expended under [section 2003 or 2004]
the covered grant by that recipient in
that quarter; [and]
(iii) a [summary] detailed
description of expenditures made by
that recipient using [such funds, and
the purposes for which such
expenditures were made.] such funds,
including--
(I) the name of the recipient
and the project or activity;
(II) a detailed description
of the project or activity;
(III) an evaluation of the
completion status of the
project or activity;
(IV) in the case of an
infrastructure investment--
(aa) the purpose,
total expected cost,
and rationale for
funding the
infrastructure
investment with funds
made available; and
(bb) the name of the
point of contact for
the recipient if there
are questions
concerning the
infrastructure
investment; and
(V) detailed information from
each subgrantee, including the
information described in
subparagraphs (I) through (IV),
on any subgrant awarded by the
recipient; and
(iv) the total amount of funds
received to date under each covered
grant.
(C) End-of-year report.--The report submitted
under subparagraph (A) by any recipient,
including any a State, high-risk urban area, or
directly eligible tribe, relating to the last
quarter of any fiscal year shall include, in
addition to the contents required under
subparagraph (B)--
(i) the amount and date of receipt of
all funds received under the grant
during that fiscal year
(ii) the identity of, and total
amount provided to, any subgrantee for
that grant during that fiscal year; and
(iii) the amount and the dates of
disbursements of all such funds
expended in compliance with section
2021(a)(1) or under mutual aid
agreements or other sharing
arrangements that [apply within] apply
to or within any recipient, including
the State, high-risk urban area, or
directly eligible tribe, as applicable,
during that fiscal year[; and].
[(iv) how the funds were used by each
recipient or subgrantee during that
fiscal year.]
(2) * * *
(3) Required reporting for prior awarded grants.--Not
later than 180 days after the end of the quarter
following the date of enactment of this paragraph, each
recipient of a covered grant awarded before the date of
enactment of this paragraph shall provide the
information required under this subsection and
thereafter comply with the requirements of this
subsection.
(4) Assistance in reporting.--The Administrator or
the Secretary, as appropriate under the covered grant,
in coordination with the Director of the Office of
Management and Budget, shall provide for user-friendly
means for grant recipients to comply with the reporting
requirements of this subsection.
(5) Subgrantee reporting.--Each grant recipient
required to report information under paragraph
(1)(B)(iii)(V) shall register with the System for Award
Management database or complete other registration
requirements as determined necessary by the Director of
the Office of Management and Budget.
(6) Publication of information.--Not later than 7
days after the date on which the Administrator or the
Secretary, as the case may be, receives the reports
required to be submitted under this subsection, the
Administrator and the Secretary shall make the
information in the reports publicly available, in a
searchable database, on the website of the Federal
Emergency Management Agency or Department, as
appropriate.
(7) Covered grant defined.--In this subsection, the
term ``covered grant'' means a grant awarded under--
(A) this Act; or
(B) a program described in paragraphs (1)
through (6) of section 2002(b) that is
administered by the Department.
(c) * * *
(d) Sunset and Disposition of Unexpended Grant Amounts.--
(1) In general.--Except as may be otherwise provided
in the authorizing statute of a grant program,
effective on the date that is 5 years after the date on
which grant funds are distributed by the Administrator
or the Secretary, as appropriate, under a covered grant
(as defined in subsection (b)(7)), the authority of a
covered grant recipient, including any grantee or
subgrantee, to obligate, provide, make available, or
otherwise expend those funds is terminated.
(2) Return of unexpended grant amounts.--Upon the
termination of authority under paragraph (1), any grant
amounts that have not been expended shall be returned
to the Administrator or the Secretary, as the case may
be. The Administrator or the Secretary, as the case may
be, shall deposit any grant amounts returned under this
paragraph in the General Fund of the Treasury in
accordance with section 3302 of title 31, United States
Code.
(3) Awards to recipients returning grant funds.--On
and after the date on which the authority of a covered
grant recipient is terminated under paragraph (1) with
respect to a grant under a covered grant program, the
Administrator or the Secretary, as appropriate, may
award a grant under the covered grant program to the
covered grant recipient, only pursuant to the
submission of a new grant application, in accordance
with the requirements of the grant program.
(4) Applicability.--This subsection shall apply to
any grant awarded under a covered grant program on or
after the date of enactment of this subsection.
* * * * * * *
SEC. 2024. MEMORANDA OF UNDERSTANDING WITH DEPARTMENTAL COMPONENTS AND
OFFICES REGARDING THE POLICY AND GUIDANCE.
The Administrator shall enter into memoranda of
understanding with the heads of the following departmental
components and offices delineating the roles and
responsibilities of such components and offices regarding the
policy and guidance for grants under section 1406 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135), sections 2003 and 2004 of this Act, and
section 70107 of title 46, United States Code, as appropriate:
(1) The Commissioner of U.S. Customs and Border
Protection.
(2) The Administrator of the Transportation Security
Administration.
(3) The Commandant of the Coast Guard.
(4) The Under Secretary for Intelligence and
Analysis.
(5) The Assistant [Director for Emergency
Communications].
(6) The Assistant Secretary for State and Local Law
Enforcement.
(7) The Countering Violent Extremism Coordinator.
(8) The Officer for Civil Rights and Civil Liberties.
(9) The Chief Medical Officer.
(10) The heads of other components or offices of the
Department, as determined by the Secretary.
TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM STANDARDS
* * * * * * *
SEC. 2102. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM.
(a) Program Established.--There is in the Department a
Chemical Facility Anti-Terrorism Standards Program.
(1) In general.--There is in the Department a
Chemical Facility Anti-Terrorism Standards Program,
which shall be located in the Cybersecurity and
Infrastructure Security Agency.
* * * * * * *
SEC. 2103. PROTECTION AND SHARING OF INFORMATION.
(a) * * *
(b) * * *
(c) Sharing of Information With First Responders.--
(1) Requirement.--The Secretary shall provide to
State, local, and regional fusion centers (as that term
is defined in section [210A(j)(1)] 210A(j)) and State
and local government officials, as the Secretary
determines appropriate, such information as is
necessary to help ensure that first responders are
properly prepared and provided with the situational
awareness needed to respond to security incidents at
covered chemical facilities.
SEC. 2104. CIVIL ENFORCEMENT.
(a) * * *
(b) * * *
(c) Emergency Operations.--
(1) * * *
(2) Limitation on delegation.--The Secretary may not
delegate the authority under paragraph (1) to any
official other than the [Under Secretary responsible
for overseeing critical infrastructure protection,
cybersecurity, and other related programs of the
Department appointed under section 103(a)(1)(H)]
Director of Cybersecurity and Infrastructure Security.
* * * * * * *
TITLE XXII--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY
* * * * * * *
Subtitle A--Cybersecurity and Infrastructure Security
SEC. 2201. DEFINITIONS.
In this subtitle:
(1) Critical infrastructure information.--The term
``critical infrastructure information'' has the meaning
given the term in section 2222.
(2) Cybersecurity risk.--The term ``cybersecurity
risk'' has the meaning given the term in section 2209.
(3) Cybersecurity threat.--The term ``cybersecurity
threat'' has the meaning given the term in section
102(5) of the Cybersecurity Act of 2015 (contained in
division N of the Consolidated Appropriations Act, 2016
(Public Law 114-113; 6 U.S.C. 1501)).
(4) National cybersecurity asset response
activities.--The term ``national cybersecurity asset
response activities'' means--
(A) furnishing cybersecurity technical
assistance to entities affected by
cybersecurity risks to protect assets, mitigate
vulnerabilities, and reduce impacts of cyber
incidents;
(B) identifying other entities that may be at
risk of an incident and assessing risk to the
same or similar vulnerabilities;
(C) assessing potential cybersecurity risks
to a sector or region, including potential
cascading effects, and developing courses of
action to mitigate such risks;
(D) facilitating information sharing and
operational coordination with threat response;
and
(E) providing guidance on how best to utilize
Federal resources and capabilities in a timely,
effective manner to speed recovery from
cybersecurity risks.
(5) Sector-specific agency.--The term ``Sector-
Specific Agency'' means a Federal department or agency,
designated by law or presidential directive, with
responsibility for providing institutional knowledge
and specialized expertise of a sector, as well as
leading, facilitating, or supporting programs and
associated activities of its designated critical
infrastructure sector in the all hazards environment in
coordination with the Department.
(6) Sharing.--The term ``sharing'' has the meaning
given the term in section 2209.
SEC. 2202. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY.
(a) Redesignation.--
(1) In general.--The National Protection and Programs
Directorate of the Department shall, on and after the
date of the enactment of this subtitle, be known as the
``Cybersecurity and Infrastructure Security Agency''
(in this subtitle referred to as the ``Agency'').
(2) References.--Any reference to the National
Protection and Programs Directorate of the Department
in any law, regulation, map, document, record, or other
paper of the United States shall be deemed to be a
reference to the Cybersecurity and Infrastructure
Security Agency of the Department.
(b) Director.--
(1) In general.--The Agency shall be headed by a
Director of Cybersecurity and Infrastructure Security
(in this subtitle referred to as the ``Director''), who
shall report to the Secretary.
(2) Reference.--Any reference to an Under Secretary
responsible for overseeing critical infrastructure
protection, cybersecurity, and any other related
program of the Department as described in section
103(a)(1)(H) as in effect on the day before the date of
enactment of this subtitle in any law, regulation, map,
document, record, or other paper of the United States
shall be deemed to be a reference to the Director of
Cybersecurity and Infrastructure Security of the
Department.
(c) Responsibilities.--The Director shall--
(1) lead cybersecurity and critical infrastructure
security programs, operations, and associated policy
for the Agency, including national cybersecurity asset
response activities;
(2) coordinate with Federal entities, including
Sector-Specific Agencies, and non-Federal entities,
including international entities, to carry out the
cybersecurity and critical infrastructure activities of
the Agency, as appropriate;
(3) carry out the responsibilities of the Secretary
to secure Federal information and information systems
consistent with law, including subchapter II of chapter
35 of title 44, United States Code, and the
Cybersecurity Act of 2015 (contained in division N of
the Consolidated Appropriations Act, 2016 (Public Law
114-113));
(4) coordinate a national effort to secure and
protect against critical infrastructure risks,
consistent with subsection (e)(1)(E);
(5) oversee the EMP and GMD planning and protection
and preparedness activities of the Agency;
(6) upon request, provide analyses, expertise, and
other technical assistance to critical infrastructure
owners and operators and, where appropriate, provide
those analyses, expertise, and other technical
assistance in coordination with Sector-Specific
Agencies and other Federal departments and agencies;
(7) develop and utilize mechanisms for active and
frequent collaboration between the Agency and Sector-
Specific Agencies to ensure appropriate coordination,
situational awareness, and communications with Sector-
Specific Agencies;
(8) maintain and utilize mechanisms for the regular
and ongoing consultation and collaboration among the
Divisions of the Agency to further operational
coordination, integrated situational awareness, and
improved integration across the Agency in accordance
with this Act;
(9) develop, coordinate, and implement--
(A) comprehensive strategic plans for the
activities of the Agency; and
(B) risk assessments by and for the Agency;
(10) carry out emergency communications
responsibilities, in accordance with title XVIII;
(11) carry out cybersecurity, infrastructure
security, and emergency communications stakeholder
outreach and engagement and coordinate that outreach
and engagement with critical infrastructure Sector-
Specific Agencies, as appropriate;
(12) oversee an integrated analytical approach to
physical and cyber infrastructure analysis; and
(13) carry out such other duties and powers
prescribed by law or delegated by the Secretary.
(d) Deputy Director.--There shall be in the Agency a Deputy
Director of Cybersecurity and Infrastructure Security who
shall--
(1) assist the Director in the management of the
Agency; and
(2) report to the Director.
(e) Cybersecurity and Infrastructure Security Authorities
of the Secretary.--
(1) In general.--The responsibilities of the
Secretary relating to cybersecurity and infrastructure
security shall include the following:
(A) To access, receive, and analyze law
enforcement information, intelligence
information, and other information from Federal
Government agencies, State, local, tribal, and
territorial government agencies, including law
enforcement agencies, and private sector
entities, and to integrate that information, in
support of the mission responsibilities of the
Department, in order to--
(i) identify and assess the nature
and scope of terrorist threats to the
homeland;
(ii) detect and identify threats of
terrorism against the United States;
and
(iii) understand those threats in
light of actual and potential
vulnerabilities of the homeland.
(B) To carry out comprehensive assessments of
the vulnerabilities of the key resources and
critical infrastructure of the United States,
including the performance of risk assessments
to determine the risks posed by particular
types of terrorist attacks within the United
States, including an assessment of the
probability of success of those attacks and the
feasibility and potential efficacy of various
countermeasures to those attacks. At the
discretion of the Secretary, such assessments
may be carried out in coordination with Sector-
Specific Agencies.
(C) To integrate relevant information,
analysis, and vulnerability assessments,
regardless of whether the information,
analysis, or assessments are provided or
produced by the Department, in order to make
recommendations, including prioritization, for
protective and support measures by the
Department, other Federal Government agencies,
State, local, tribal, and territorial
government agencies and authorities, the
private sector, and other entities regarding
terrorist and other threats to homeland
security.
(D) To ensure, pursuant to section 202, the
timely and efficient access by the Department
to all information necessary to discharge the
responsibilities under this title, including
obtaining that information from other Federal
Government agencies.
(E) To develop, in coordination with the
Sector-Specific Agencies with available
expertise, a comprehensive national plan for
securing the key resources and critical
infrastructure of the United States, including
power production, generation, and distribution
systems, information technology and
telecommunications systems (including
satellites), electronic financial and property
record storage and transmission systems,
emergency communications systems, and the
physical and technological assets that support
those systems.
(F) To recommend measures necessary to
protect the key resources and critical
infrastructure of the United States in
coordination with other Federal Government
agencies, including Sector-Specific Agencies,
and in cooperation with State, local, tribal,
and territorial government agencies and
authorities, the private sector, and other
entities.
(G) To review, analyze, and make
recommendations for improvements to the
policies and procedures governing the sharing
of information relating to homeland security
within the Federal Government and between
Federal Government agencies and State, local,
tribal, and territorial government agencies and
authorities.
(H) To disseminate, as appropriate,
information analyzed by the Department within
the Department, to other Federal Government
agencies with responsibilities relating to
homeland security, and to State, local, tribal,
and territorial government agencies and private
sector entities with those responsibilities in
order to assist in the deterrence, prevention,
or preemption of, or response to, terrorist
attacks against the United States.
(I) To consult with State, local, tribal, and
territorial government agencies and private
sector entities to ensure appropriate exchanges
of information, including law enforcement-
related information, relating to threats of
terrorism against the United States.
(J) To ensure that any material received
pursuant to this Act is protected from
unauthorized disclosure and handled and used
only for the performance of official duties.
(K) To request additional information from
other Federal Government agencies, State,
local, tribal, and territorial government
agencies, and the private sector relating to
threats of terrorism in the United States, or
relating to other areas of responsibility
assigned by the Secretary, including the entry
into cooperative agreements through the
Secretary to obtain that information.
(L) To establish and utilize, in conjunction
with the Chief Information Officer of the
Department, a secure communications and
information technology infrastructure,
including data-mining and other advanced
analytical tools, in order to access, receive,
and analyze data and information in furtherance
of the responsibilities under this section, and
to disseminate information acquired and
analyzed by the Department, as appropriate.
(M) To coordinate training and other support
to the elements and personnel of the
Department, other Federal Government agencies,
and State, local, tribal, and territorial
government agencies that provide information to
the Department, or are consumers of information
provided by the Department, in order to
facilitate the identification and sharing of
information revealed in their ordinary duties
and the optimal utilization of information
received from the Department.
(N) To coordinate with Federal, State, local,
tribal, and territorial law enforcement
agencies, and the private sector, as
appropriate.
(O) To exercise the authorities and oversight
of the functions, personnel, assets, and
liabilities of those components transferred to
the Department pursuant to section 201(g).
(P) To carry out the functions of the
national cybersecurity and communications
integration center under section 2209.
(Q) To carry out the requirements of the
Chemical Facility Anti-Terrorism Standards
Program established under title XXI and the
secure handling of ammonium nitrate program
established under subtitle J of title VIII, or
any successor programs.
(2) Reallocation.--The Secretary may reallocate
within the Agency the functions specified in sections
2203(b) and 2204(b), consistent with the
responsibilities provided in paragraph (1), upon
certifying to and briefing the appropriate
congressional committees, and making available to the
public, not less than 60 days before the reallocation
that the reallocation is necessary for carrying out the
activities of the Agency.
(3) Staff.--
(A) In general.--The Secretary shall provide
the Agency with a staff of analysts having
appropriate expertise and experience to assist
the Agency in discharging the responsibilities
of the Agency under this section.
(B) Private sector analysts.--Analysts under
this subsection may include analysts from the
private sector.
(C) Security clearances.--Analysts under this
subsection shall possess security clearances
appropriate for their work under this section.
(4) Detail of personnel.--
(A) In general.--In order to assist the
Agency in discharging the responsibilities of
the Agency under this section, personnel of the
Federal agencies described in subparagraph (B)
may be detailed to the Agency for the
performance of analytic functions and related
duties.
(B) Agencies.--The Federal agencies described
in this subparagraph are--
(i) the Department of State;
(ii) the Central Intelligence Agency;
(iii) the Federal Bureau of
Investigation;
(iv) the National Security Agency;
(v) the National Geospatial-
Intelligence Agency;
(vi) the Defense Intelligence Agency;
(vii) Sector-Specific Agencies; and
(viii) any other agency of the
Federal Government that the President
considers appropriate.
(C) Interagency agreements.--The Secretary
and the head of a Federal agency described in
subparagraph (B) may enter into agreements for
the purpose of detailing personnel under this
paragraph.
(D) Basis.--The detail of personnel under
this paragraph may be on a reimbursable or non-
reimbursable basis.
(f) Composition.--The Agency shall be composed of the
following divisions:
(1) The Cybersecurity Division, headed by an
Assistant Director.
(2) The Infrastructure Security Division, headed by
an Assistant Director.
(3) The Emergency Communications Division under title
XVIII, headed by an Assistant Director.
(g) Co-location.--
(1) In general.--To the maximum extent practicable,
the Director shall examine the establishment of central
locations in geographical regions with a significant
Agency presence.
(2) Coordination.--When establishing the central
locations described in paragraph (1), the Director
shall coordinate with component heads and the Under
Secretary for Management to co-locate or partner on any
new real property leases, renewing any occupancy
agreements for existing leases, or agreeing to extend
or newly occupy any Federal space or new construction.
(h) Privacy.--
(1) In general.--There shall be a Privacy Officer of
the Agency with primary responsibility for privacy
policy and compliance for the Agency.
(2) Responsibilities.--The responsibilities of the
Privacy Officer of the Agency shall include--
(A) ensuring that the use of technologies by
the Agency sustain, and do not erode, privacy
protections relating to the use, collection,
and disclosure of personal information;
(B) ensuring that personal information
contained in systems of records of the Agency
is handled in full compliance as specified in
section 552a of title 5, United States Code
(commonly known as the ``Privacy Act of
1974'');
(C) evaluating legislative and regulatory
proposals involving collection, use, and
disclosure of personal information by the
Agency; and
(D) conducting a privacy impact assessment of
proposed rules of the Agency on the privacy of
personal information, including the type of
personal information collected and the number
of people affected.
(i) Savings.--Nothing in this title may be construed as
affecting in any manner the authority, existing on the day
before the date of enactment of this title, of any other
component of the Department or any other Federal department or
agency.
SEC. 2203. CYBERSECURITY DIVISION.
(a) Establishment.--
(1) In general.--There is established in the Agency a
Cybersecurity Division.
(2) Assistant director.--The Cybersecurity Division
shall be headed by an Assistant Director for
Cybersecurity (in this section referred to as the
``Assistant Director''), who shall--
(A) be at the level of Assistant Secretary
within the Department;
(B) be appointed by the President without the
advice and consent of the Senate; and
(C) report to the Director.
(3) Reference.--Any reference to the Assistant
Secretary for Cybersecurity and Communications in any
law, regulation, map, document, record, or other paper
of the United States shall be deemed to be a reference
to the Assistant Director for Cybersecurity
(b) Functions.--The Assistant Director shall--
(1) direct the cybersecurity efforts of the Agency;
(2) carry out activities, at the direction of the
Director, related to the security of Federal
information and Federal information systems consistent
with law, including subchapter II of chapter 35 of
title 44, United States Code, and the Cybersecurity Act
of 2015 (contained in division N of the Consolidated
Appropriations Act, 2016 (Public Law 114-113));
(3) fully participate in the mechanisms required
under section 2202(c)(7); and
(4) carry out such other duties and powers as
prescribed by the Director.
SEC. 2204. INFRASTRUCTURE SECURITY DIVISION.
(a) Establishment.--
(1) In general.--There is established in the
Agency an Infrastructure Security Division.
(2) Assistant director.--The Infrastructure Security
Division shall be headed by an Assistant Director for
Infrastructure Security (in this section referred to as
the ``Assistant Director''), who shall--
(A) be at the level of Assistant Secretary
within the Department;
(B) be appointed by the President without the
advice and consent of the Senate; and
(C) report to the Director.
(3) Reference.--Any reference to the Assistant
Secretary for Infrastructure Protection in any law,
regulation, map, document, record, or other paper of
the United States shall be deemed to be a reference to
the Assistant Director for Infrastructure Security.
(b) Functions.--The Assistant Director shall--
(1) direct the critical infrastructure security
efforts of the Agency;
(2) carry out, at the direction of the Director, the
Chemical Facilities Anti-Terrorism Standards Program
established under title XXI and the secure handling of
ammonium nitrate program established under subtitle J
of title VIII, or any successor programs;
(3) fully participate in the mechanisms required
under section 2202(c)(7); and
(4) carry out such other duties and powers as
prescribed by the Director.
[SEC. 223]SEC. 2205. ENHANCEMENT OF FEDERAL AND NON-FEDERAL
CYBERSECURITY.
In carrying out the responsibilities under [section 201]
section 2022, the [Under Secretary appointed under section
103(a)(1)(H)] Director of Cybersecurity and Infrastructure
Security shall--
(1) * * *
(A) * * *
(B) in coordination with the Under Secretary
for Emergency Preparedness and Response, crisis
management support in response to threats to,
or attacks on, critical information systems;
[and]
(2) * * *
(3) * * *
[SEC. 224]SEC. 2206. NET GUARD.
The [Assistant Secretary for Infrastructure Protection]
Director of Cybersecurity and Infrastructure Security may
establish a national technology guard, to be known as ``NET
Guard'', comprised of local teams of volunteers with expertise
in relevant areas of science and technology, to assist local
communities to respond and recover from attacks on information
systems and communications networks.
[SEC. 225]SEC. 2207. CYBER SECURITY ENHANCEMENT ACT OF 2002.
* * * * * * *
[SEC. 226]SEC. 2208. CYBERSECURITY RECRUITMENT AND RETENTION.
* * * * * * *
[SEC. 227]SEC. 2209. NATIONAL CYBERSECURITY AND COMMUNICATIONS
INTEGRATION CENTER.
(a) Definitions.--In this section.--
(1) * * *
(2) * * *
(3) * * *
(4) the term ``information sharing and analysis
organization'' has the meaning given that term in
[section 212(5)] section 2222(5);
(5) * * *
(6) * * *
(b) Center.--There is in the Department a national
cybersecurity and communications integration center (referred
to in this section as the ``Center'') to carry out certain
responsibilities of the [Under Secretary appointed under
section 103(a)(1)(H)] Director. The Center shall be located in
the Cybersecurity and Infrastructure Security Agency. The head
of the Center shall report to the Assistant Director for
Cybersecurity.
(c) Functions.--The cybersecurity functions of the Center
shall include--
(1) * * *
* * * * * * *
(5) * * *
(A) * * *
(B) sharing the analysis conducted under
subparagraph (A) with Federal and non-Federal
entities, including the National Network of
Fusion Centers (as defined in section 210A), as
appropriate;
(6) * * *
(7) providing [information and recommendations]
information, recommendations, and best practices on
security and resilience measures to Federal and non-
Federal entities, including [information and
recommendations] information, recommendations, and best
practices to--
* * * * * * *
(9) sharing cyber threat indicators, defensive
measures best practices, and other information related
to cybersecurity risks and incidents with Federal and
non-Federal entities, including across sectors of
critical infrastructure and with State and major urban
area fusion centers, as appropriate;
(10) * * *
(11) in coordination with the [Office of Emergency
Communications] Emergency Communications Division of
the Department, assessing and evaluating consequence,
vulnerability, and threat information regarding cyber
incidents to public safety communications to help
facilitate continuous improvements to the security and
resiliency of such communications.
(d) Composition.--
(1) In general.--The Center shall be composed of--
(A) * * *
(B) appropriate representatives of non-
Federal entities, such as--
(i) State, local, and tribal
governments;
(ii) information sharing and analysis
organizations, including information
sharing and analysis centers and State,
local, and regional fusion centers (as
defined in section 201A), as
appropriate;
(iii) owners and operators of
critical information systems; and
(iv) private entities;
* * * * * * *
(f) No Right or Benefit.--
(1) In general.--The provision of assistance or
information to, and inclusion in the Center of,
governmental or private entities under this section
shall be at the sole and unreviewable discretion of the
[Under Secretary appointed under section 103(a)(1)(H)]
Director.
(2) * * *
(g) Automated Information Sharing.--
(1) In general.--The [Under Secretary appointed under
section 103(a)(1)(H)] Director, in coordination with
industry and other stakeholders, shall develop
capabilities making use of existing information
technology industry standards and best practices, as
appropriate, that support and rapidly advance the
development, adoption, and implementation of automated
mechanisms for the sharing of cyber threat indicators
and defensive measures in accordance with title I of
the Cybersecurity Act of 2015.
(2) Annual report.--The [Under Secretary appointed
under section 103(a)(1)(H)] Director 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 an annual
report on the status and progress of the development of
the capabilities described in paragraph (1). Such
reports shall be required until such capabilities are
fully implemented.
(h) Voluntary Information Sharing Procedures.--
(1) Procedures.--
(A) In general.--The Center may enter into a
voluntary information sharing relationship with
any consenting non-Federal entity for the
sharing of cyber threat indicators and
defensive measures for cybersecurity purposes
in accordance with this section. Nothing in
this subsection may be construed to require any
non-Federal entity to enter into any such
information sharing relationship with the
Center or any other entity. The Center may
terminate a voluntary information sharing
relationship under this subsection, at the sole
and unreviewable discretion of the Secretary,
acting through the [Under Secretary appointed
under section 103(a)(1)(H)] Director, for any
reason, including if the Center determines that
the non-Federal entity with which the Center
has entered into such a relationship has
violated the terms of this subsection.
(B) National security.--The Secretary may
decline to enter into a voluntary information
sharing relationship under this subsection, at
the sole and unreviewable discretion of the
Secretary, acting through the [Under Secretary
appointed under section 103(a)(1)(H)] Director,
for any reason, including if the Secretary
determines that such is appropriate for
national security.
(2) * * *
(A) * * *
(B) Negotiated agreement.--At the request of
a non-Federal entity, and if determined
appropriate by the Center, at the sole and
unreviewable discretion of the Secretary,
acting through the [Under Secretary appointed
under section 103(a)(1)(H)] Director, the
Department shall negotiate a non-standard
agreement, consistent with this section.
(C) * * *
(i) * * *
(j) * * *
(k) Outreach.--Not later than 60 days after the date of
enactment of this subsection, the Secretary, acting through the
[Under Secretary appointed under section 103(a)(1)(H)]
Director, shall--
* * * * * * *
[SEC. 228]SEC. 2210. CYBERSECURITY PLANS.
(a) Definitions.--In this section--
(1) * * *
(2) the terms ``cybersecurity risk'' and
``information system'' have the meanings given those
terms in [section 227] section 2209;
* * * * * * *
(c) Cyber Incident Response Plan.--The [Under Secretary
appointed under section 103(a)(1)(H)] Director of Cybersecurity
and Infrastructure Security shall, in coordination with
appropriate Federal departments and agencies, State and local
governments, sector coordinating councils, information sharing
and analysis organizations (as defined in [section 212(5)]
section 2222(5)), owners and operators of critical
infrastructure, and other appropriate entities and individuals,
develop, regularly update, maintain, and exercise adaptable
cyber incident response plans to address cybersecurity risks
(as defined in [section 227] section 2209) to critical
infrastructure.
(d) * * *
[SEC. 228A.]SEC. 2211. CYBERSECURITY STRATEGY.
(a) * * *
(b) Contents.--The strategy required under subsection (a)
shall include the following:
(1) * * *
(2) * * *
(A) Cybersecurity functions set forth in [the
section 227] section 2209 (relating to the
national cybersecurity and communications
integration center).
(B) * * *
(C) * * *
(D) * * *
(c) Considerations.--In developing the strategy required
under subsection (a), the Secretary shall--
(1) Consider--
(A) * * *
(B) * * *
(C) the most recent Quadrennial Homeland
Security Review issued pursuant to [section
707] section 706; and
* * * * * * *
[SEC. 229.]SEC. 2212. CLEARANCES.
The Secretary shall make available the process of
application for security clearances under Executive Order 13549
(75 Fed. Reg. 162; relating to a classified national security
information program) or any successor Executive Order to
appropriate representatives of sector coordinating councils,
sector information sharing and analysis organizations (as
defined in [section 212(5)] section 2222(5)), owners and
operators of critical infrastructure, and any other person that
the Secretary determines appropriate.
[SEC. 230.]SEC. 2213. FEDERAL INTRUSION DETECTION AND PREVENTION
SYSTEM.
(a) Definitions.--In this section--
(1) * * *
(2) * * *
(3) the term ``agency information system'' has the
meaning given the term in [section 228] section 2210;
and
(4) the terms ``cybersecurity risk'' and
``information system'' have the meanings given those
terms in [section 227] section 2209.
* * * * * * *
[SEC. 210E.] SEC. 2214. NATIONAL ASSET DATABASE.
(a) * * *
* * * * * * *
[(e) Inspector General Study.--By not later than two years
after the date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Inspector General of
the Department shall conduct a study of the implementation of
this section.]
[(f)](e) * * *
* * * * * * *
Subtitle B--Critical Infrastructure Information
* * * * * * *
[SEC. 211.]SEC. 2221. SHORT TITLE.
* * * * * * *
[SEC. 212.] SEC. 2222. DEFINITIONS.
In this subtitle:
(1) * * *
* * * * * * *
(8) Cybersecurity Risk; Incident.--The terms
``cybersecurity risk'' and ``incident'' have the
meanings given those terms in [section 227] section
2209.
[SEC. 213.] SEC. 2223. DESIGNATION OF CRITICAL INFRASTRUCTURE
PROTECTION PROGRAM.
* * * * * * *
[SEC. 214.] SEC. 2224. PROTECTION OF VOLUNTARILY SHARED CRITICAL
INFRASTRUCTURE INFORMATION.
(a) * * *
* * * * * * *
(h) Authority to Delegate.--The President may delegate
authority to a critical infrastructure protection program,
designated under [section 213] section 2223, to enter into a
voluntary agreement to promote critical infrastructure
security, including with any Information Sharing and Analysis
Organization, or a plan of action as otherwise defined in
section 708 of the Defense Production Act of 1950 (50 U.S.C.
App. 2158).
[SEC. 215.] SEC. 2225. NO PRIVATE RIGHT OF ACTION.
* * * * * * *
CONSOLIDATED APPROPRIATIONS ACT OF 2016
* * * * * * *
DIVISION N--CYBERSECURITY ACT OF 2015
* * * * * * *
TITLE II--NATIONAL CYBERSECURITY ADVANCEMENT
* * * * * * *
Subtitle A--National Cybersecurity and Communications Integration
Center
* * * * * * *
SEC. 202. DEFINITIONS.
In this subtitle:
(1) * * *
(2) Cybersecurity risk; incident.--The terms
``cybersecurity risk'' and ``incident'' have the
meanings given those terms in section [227] 2209 of the
Homeland Security Act of 2002 (6 U.S.C. 148)[, as so
redesignated by section 223(a)(3) of this division].
* * * * * * *
SEC. 207. ASSESSMENT.
Not later than 2 years after the date of enactment of this
Act, the Comptroller General of the United States shall submit
to the appropriate congressional committees a report that
includes--
(1) * * *
(2) to the extent practicable, findings regarding
increases in the sharing of cyber threat indicators,
defensive measures, and information relating to
cybersecurity risks and incidents at the center
established under [section 227] of the Homeland
Security Act of 2002[, as redesignated by section
223(a) of this division,] and throughout the United
States.
SEC. 208. MULTIPLE SIMULTANEOUS CYBER INCIDENTS AT CRITICAL
INFRASTRUCTURE.
Not later than 1 year after the date of enactment of this
Act, the [Under Secretary appointed under section 103(a)(1)(H)
of the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H))]
Director of Cybersecurity and Infrastructure Security of the
Department shall provide information to the appropriate
congressional committees on the feasibility of producing a
risk-informed plan to address the risk of multiple simultaneous
cyber incidents affecting critical infrastructure, including
cyber incidents that may have a cascading effect on other
critical infrastructure.
* * * * * * *
Subtitle B--Federal Cybersecurity Enhancement
* * * * * * *
SEC. 222. DEFINITIONS.
In this subtitle:
(1) * * *
(2) Agency information system.--The term ``agency
information system'' has the meaning given the term in
[section 228] section 2210 of the Homeland Security Act
of 2002[, as added by section 223(a)(4) of this
division].
(3) * * *
(4) Cybersecurity risk; information system.--The
terms ``cybersecurity risk'' and ``information system''
have the meanings given those terms in [section
227]section 2209 of the Homeland Security Act of 2002[,
as so redesignated by section 223(a)(3) of this
division].
* * * * * * *
SEC. 223. IMPROVED FEDERAL NETWORK SECURITY.
(a) * * *
(b) Agency Responsibilities.--
(1) In general.--Except as provided in paragraph
(2)--
(A) not later than 1 year after the date of
enactment of this Act or 2 months after the
date on which the Secretary makes available the
intrusion detection and prevention capabilities
under [section 230(b)(1) of the Homeland
Security Act of 2002, as added by subsection
(a)]section 2213(b)(1) of the Homeland Security
Act of 2002, whichever is later, the head of
each agency shall apply and continue to utilize
the capabilities to all information traveling
between an agency information system and any
information system other than an agency
information system; and
(B) not later than 6 months after the date on
which the Secretary makes available
improvements to the intrusion detection and
prevention capabilities pursuant to [section
230(b)(2) of the Homeland Security Act of 2002
(6 U.S.C. 151(b)(2)), as added by subsection
(a)] section 2213(b)(2) of the Homeland
Security Act of 2002, the head of each agency
shall apply and continue to utilize the
improved intrusion detection and prevention
capabilities.
(2) * * *
(3) * * *
(4) Rule of construction.--Nothing in this subsection
shall be construed to limit an agency from applying the
intrusion detection and prevention capabilities to an
information system other than an agency information
system under [section 230(b)(1) of the Homeland
Security Act of 2002, as added by subsection
(a)]section 2213(b)(1) of the Homeland Security Act of
2002, at the discretion of the head of the agency or as
provided in relevant policies, directives, and
guidelines.
* * * * * * *
SEC. 226. ASSESSMENT; REPORTS.
(a) Definitions.--In this section:
(1) Agency information.--The term ``agency
information has the meaning given the term in [section
230] section 2213 of the Homeland Security Act of
2002[, as added by section 223(a)(6) of this division].
(2) * * *
(3) * * *
(4) Intrusion assessment plan.--The term ``intrusion
detection and prevention capabilities means the plan
required under [section 228(b)(1)] section 2210(b)(1)
of the Homeland Security Act of 2002[, as added by
section 223(a)(4) of this division].
(5) Intrusion detection and prevention
capabilities.--The term ``intrusion detection and
prevention capabilities' means the capabilities
required under [section 230(b)] section 2213(b) of the
Homeland Security Act of 2002[, as added by section
223(a)(6) of this division].
(b) * * *
(c) Reports to Congress.--
(1) Intrusion detection and prevention
capabilities.--
(A) Secretary of Homeland Security report.
Not later than 6 months after December 18,
2015, and annually thereafter, the Secretary
shall submit to the appropriate congressional
committees a report on the status of
implementation of the intrusion detection and
prevention capabilities, including--
(i) a description of privacy
controls;
* * * * * * *
(vi) a description of the pilot
established under [section 230(c)(5)]
section 2213(c)(5) of the Homeland
Security Act of 2002[, as added by
section 223(a)(6) of this division],
including the number of new
technologies tested and the number of
participating agencies.
* * * * * * *
SEC. 227. TERMINATION.
(a) In General.--The authority provided under [section 230]
section 2213 of the Homeland Security Act of 2002[, as added by
section 223(a)(6) of this division], and the reporting
requirements under section 226(c) of this division shall
terminate on the date that is 7 years after the date of
enactment of this Act.
(b) Rule of Construction.--Nothing in subsection (a) shall
be construed to affect the limitation of liability of a private
entity for assistance provided to the Secretary under [section
230(d)(2)]section 2213(d)(2) of the Homeland Security Act of
2002[, as added by section 223(a)(6) of this division], if such
assistance was rendered before the termination date under
subsection (a) or otherwise during a period in which the
assistance was authorized.
* * * * * * *
TITLE IV--OTHER CYBER MATTERS
* * * * * * *
SEC. 404. ENHANCEMENT OF EMERGENCY SERVICES.
(a) Collection of Data.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Homeland
Security, acting through the center established under [section
227]section 2209 of the Homeland Security Act of 2002[, as
redesignated by section 223(a)(3) of this division,] in
coordination with appropriate Federal entities and the
[Director for Emergency Communications]Assistant Director for
Emergency Communications, shall establish a process by which a
Statewide Interoperability Coordinator may report data on any
cybersecurity risk or incident involving any information system
or network used by emergency response providers (as defined in
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101))
within the State.
(b) Analysis of Data.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Homeland
Security, acting through the Director of the National
Cybersecurity and Communications Integration Center, in
coordination with appropriate entities and the [Director for
Emergency Communications] Assistant Director for Emergency
Communications, and in consultation with the Secretary of
Commerce, acting through the Director of the National Institute
of Standards and Technology, shall conduct integration and
analysis of the data reported under subsection (a) to develop
information and recommendations on security and resilience
measures for any information system or network used by State
emergency response providers.
* * * * * * *
INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION ACT OF 2015
* * * * * * *
SEC. 2. INTEGRATED PUBLIC AERT AND WARNING SYSTEM MODERNIZATION.
(a) * * *
(b) Integrated Public Alert and Warning System
Subcommittee.--
(1) * * *
* * * * * * *
(6) Recommendations.--The Subcommittee shall--
(A) * * *
(B) * * *
(i) recommendations for common
alerting and warning protocols,
standards, terminology, and operating
procedures for the public alert and
warning system; [and]
(ii) * * *
(I) * * *
* * * * * * *
(VII) provides redundant
alert mechanisms, if
practicable, to reach the
greatest number of people
regardless of whether they have
access to, or use, any
specified medium of
communication or any particular
device[.];
(iii) recommendations for best
practices of State, tribal, and local
governments to follow to maintain the
integrity of the public alert and
warning system, including--
(I) The procedures for State,
tribal, and local government
officials to authenticate civil
emergencies and initiate,
modify, and cancel alerts
transmitted through the public
alert and warning system,
including protocols and
technology capabilities for--
(aa) the initiation,
or prohibition on the
initiation, of alerts
by a single authorized
or unauthorized
individual; and
(bb) testing a State,
tribal, or local
government incident
management and warning
tool without
accidentally initiating
an alert through the
public alert and
warning system;
(II) the standardization,
functionality, and
interoperability of incident
management and warning tools
used by State, tribal, and
local governments to notify the
public of an emergency through
the public alert and warning
system;
(III) the training and
recertification of emergency
management personnel on best
practices for originating and
transmitting an alert through
the public alert and warning
system; and
(IV) the procedures,
protocols, and guidance
concerning the protective
action plans that State,
tribal, and local governments
should issue to the public
following an alert issued under
the public alert and warning
system.
(7) Report.--
(A) Subcommittee submission.--[Not later
than]
(i) Initial report.--Not later than 1
year after the date of enactment of
this Act, the Subcommittee shall submit
to the National Advisory Council a
report containing any recommendations
required to be developed under
[paragraph (6)] clauses (i) and (ii) of
paragraphs (6)(B) for approval by the
National Advisory Council.
(ii) Second report.--Not
later than 18 months after the
date of enactment of the
Department of Homeland Security
Authorization Act, the
Subcommittee shall submit to
the National Advisory Council a
report containing any
recommendations required to be
developed under paragraph
(6)(B)(iii) for approval by the
National Advisory Council.
(B) Submission by national advisory
council.--If the National Advisory Council
approves the recommendations contained in the
[report] reports submitted under subparagraph
(A), the National Advisory Council shall submit
the [report] reports to--
* * * * * * *
(8) Termination.--The Subcommittee shall terminate
not later than [3] 5 years after the date of enactment
of this Act.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this Act and the amendments
made by this Act such sums as may be necessary for each of
fiscal years 2016, 2017, and [2018] 2018, 2019, 2020, and 2021.
* * * * * * *
POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT
* * * * * * *
TITLE VI--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
SEC. 602. DEFINITIONS.
In this title--
(1) the term ``Administrator'' means the
Administrator of the Agency;
* * * * * * *
(13) the term ``[National Response Plan] National
Response Framework'' means the [National Response Plan]
National Response Framework or any successor plan
prepared under section [502(a)(6)] 504(a)(6) of the
Homeland Security Act of 2002 (as amended by this Act);
* * * * * * *
Subtitle C--Comprehensive Preparedness System
* * * * * * *
CHAPTER 1--NATIONAL PREPAREDNESS SYSTEM
* * * * * * *
SEC. 643. NATIONAL PREPAREDNESS GOAL.
(a) * * *
(b) National Incident Management System and [National
Response Plan] National Response Framework.--The national
preparedness goal, to the greatest extent practicable, shall be
consistent with the National Incident Management System and the
[National Response Plan] National Response Framework.
* * * * * * *
SEC. 648. TRAINING AND EXERCISES.
(a) National Training Program.--
(1) In general.--Beginning not later than 180 days
after the date of enactment of this Act, the
Administrator, in coordination with the heads of
appropriate Federal agencies, the National Council on
Disability, and the National Advisory Council, shall
carry out a national training program to implement the
national preparedness goal, National Incident
Management System, [National Response Plan] National
Response Framework, and other related plans and
strategies.
(2) * * *
(b) National Exercise Program.--
(1) In general.--Beginning not later than 180 days
after the date of enactment of this Act, the
Administrator, in coordination with the heads of
appropriate Federal agencies, the National Council on
Disability, and the National Advisory Council, shall
carry out a national exercise program to test and
evaluate the national preparedness goal, National
Incident Management System, [National Response Plan]
National Response Framework, and other related plans
and strategies.
(2) Requirements.--The national exercise program--
(A) shall be--
(i) * * *
* * * * * * *
(v) designed to address the unique
requirements of populations with
special needs; [and]
(vi) * * *
(vii) designed, to the extent
practicable, to include exercises
addressing emerging terrorist threats,
such as scenarios involving United
States citizens departing the United
States to enlist with or provide
material support or resources to
terrorist organizations abroad or
terrorist infiltration into the United
States, including United States
citizens and foreign nationals; and
* * * * * * *
SEC. 649. COMPREHENSIVE ASSESSMENT SYSTEM.
(a) * * *
(b) Performance Metrics and Measures.--The Administrator
shall ensure that each component of the national preparedness
system, National Incident Management System, [National Response
Plan] National Response Framework, and other related plans and
strategies, and the reports required under section 652 is
developed, revised, and updated with clear and quantifiable
performance metrics, measures, and outcomes.
(c) Contents.--The assessment system established under
subsection (a) shall assess--
(1) compliance with the national preparedness system,
National Incident Management System, [National Response
Plan] National Response Framework, and other related
plans and strategies;
* * * * * * *
[SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM.
[The Administrator, in coordination with the National
Council on Disability and the National Advisory Council, shall
establish a remedial action management program to--
[(1) analyze training, exercises, and real-world
events to identify and disseminate lessons learned and
best practices;
[(2) generate and disseminate, as appropriate, after
action reports to participants in exercises and real-
world events; and
[(3) conduct remedial action tracking and long-term
trend analysis.]
SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM.
(a) In General.--The Administrator, in coordination with
the National Council on Disability and the National Advisory
Council, shall establish a remedial action management program
to--
(1) analyze training, exercises, and real world
events to identify lessons learned, corrective actions,
and best practices;
(2) generate and disseminate, as appropriate, the
lessons learned, corrective actions, and best practices
described in paragraph (1); and
(3) conduct remedial action tracking and long-term
trend analysis.
(b) Federal Corrective Actions.--The Administrator, in
coordination with the heads of appropriate Federal departments
and agencies, shall--
(1) utilize the program established under subsection
(a) to collect information on corrective actions
identified by such Federal departments and agencies
during exercises and the response to natural disasters,
acts of terrorism, and other man-made disasters; and
(2) not later than 1 year after the date of the
enactment of the FEMA Reauthorization Act of 2018 and
annually thereafter for each of the next 4 years,
submit to Congress a report on the status of those
corrective actions.
(c) Dissemination of After Action Reports.--The
Administrator shall provide electronically, to the maximum
extent practicable, to Congress and Federal, State, local,
tribal, and private sector officials after-action reports and
information on lessons learned and best practices from
responses to acts of terrorism, natural disasters, capstone
exercises conducted under the national exercise program under
section 648(b), and other emergencies or exercises.
SEC. 651. FEDERAL RESPONSE CAPABILITY INVENTORY.
(a) * * *
(b) * * *
(c) Department of Defense.--The Administrator, in
coordination with the Secretary of Defense, shall develop a
list of organizations and functions within the Department of
Defense that may be used, pursuant to the authority provided
under the [National Response Plan] National Response Framework
and sections 402, 403, and 502 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a,
5170b, 5192), to provide support to civil authorities during
natural disasters, acts of terrorism, and other man-made
disasters.
(d) * * *
SEC. 652. REPORTING REQUIREMENTS.
(a) * * *
(b) Catastrophic Resource Report.--
(1) * * *
(2) Contents.--Each estimate under paragraph (1)
shall include the resources both necessary for and
devoted to--
(A) * * *
* * * * * * *
(F) other responsibilities under the
catastrophic incident annex and the
catastrophic incident supplement of the
[National Response Plan] National Response
Framework;
(G) * * *
(H) * * *
(c) State Preparedness Report.--
(1) * * *
(2) Contents.--Each report shall include--
(A) an assessment of State compliance with
the national preparedness system, National
Incident Management System, [National Response
Plan] National Response Framework, and other
related plans and strategies;
(B) * * *
(C) * * *
SEC. 653. FEDERAL PREPAREDNESS.
(a) Agency Responsibility.--In support of the national
preparedness system, the President shall ensure that each
Federal agency with coordinating, primary, or supporting
responsibilities under the [National Response Plan] National
Response Framework--
(1) * * *
* * * * * * *
(4) develops deliberate operational plans and the
corresponding capabilities, including crisis planning,
to respond effectively to natural disasters, acts of
terrorism, and other man-made disasters in support of
the [National Response Plan] National Response
Framework to ensure a coordinated Federal response.
(b) * * *
(c) Mission Assignments.--To expedite the provision of
assistance under the [National Response Plan] National Response
Framework, the President shall ensure that the Administrator,
in coordination with Federal agencies with responsibilities
under the [National Response Plan] National Response Framework,
develops prescripted mission assignments, including logistics,
communications, mass care, health services, and public safety.
(d) Coordination.--The President, acting through the
Administrator, shall develop and provide to Federal departments
and agencies with coordinating, primary, or supporting
responsibilities under the National Response Framework
performance metrics to ensure readiness to execute
responsibilities under the emergency support functions of the
National Response Framework.
[(d)](e) Certification.--The President shall certify on an
annual basis that each Federal agency with coordinating,
primary, or supporting responsibilities under the [National
Response Plan] National Response Framework complies with
subsections (a) and (b).
[(e)](f) * * *
SEC. 654. USE OF EXISTING RESOURCES.
In establishing the national preparedness goal and national
preparedness system, the Administrator shall use existing
preparedness documents, planning tools, and guidelines to the
extent practicable and consistent with this Act.
* * * * * * *
Subtitle G--Authorization of Appropriations
* * * * * * *
SEC. 699. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title and the amendments made by this title for the
[administration and operations] management and administration
of the Agency--
(1) for fiscal year 2008, an amount equal to the
amount appropriated for fiscal year 2007 for
[administration and operations] management and
administration of the Agency, multiplied by 1.1;
(2) for fiscal year 2009, an amount equal to the
amount described in paragraph (1), multiplied by 1.1;
[and]
(3) for fiscal year 2010, an amount equal to the
amount described in paragraph (2), multiplied by
1.1[.]; and
(4) for fiscal year 2018, $1,049,000,000;
(5) for fiscal year 2019, $1,065,784,000; and
(6) for fiscal year 2020, $1,082,836,544.
* * * * * * *
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
* * * * * * *
TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE
* * * * * * *
SEC. 203. PREDISASTER HAZARD MITIGATION.
(a) * * *
(b) * * *
(c) Approval by President.--If the President determines
that a State or local government has identified natural
disaster hazards in areas under its jurisdiction and has
demonstrated the ability to form effective public-private
natural disaster hazard mitigation partnerships, the President,
using amounts in the National Public Infrastructure Predisaster
Mitigation Fund established under subsection (i) of this
section (referred to in this section as the ``Fund''), may
provide technical and financial assistance to the State or
local government to be used in accordance with subsection (e)
of this section.
(d) * * *
(e) Uses of Technical and Financial Assistance.--
(1) In general.--Technical and financial assistance
provided under this section--
(A) * * *
(B) may be used--
(i) to support effective public-
private natural disaster hazard
mitigation partnerships;
(ii) to improve the assessment of a
community's vulnerability to natural
hazards; [or]
(iii) to establish hazard mitigation
priorities, and an appropriate hazard
mitigation plan, for a community[.]; or
(iv) to establish and carry out
enforcement activities to implement the
latest published editions of relevant
consensus-based codes, specifications,
and standards that incorporate the
latest hazard-resistant designs and
establish minimum acceptable criteria
for the design, construction, and
maintenance of residential structures
and facilities that may be eligible for
assistance under this Act for the
purpose of protecting the health,
safety, and general welfare of the
buildings' users against disasters.
(2) * * *
(f) Allocation of Funds.--
(1) In general--The President shall award financial
assistance under this section on a competitive basis
for mitigation activities that are cost effective and
in accordance with the criteria in subsection (g).
(2) * * *
(3) Redistribution of unobligated amounts.--The
President may--
(A) withdraw amounts of financial assistance
made available to a State (including amounts
made available to local governments of a State)
under this subsection that remain unobligated
by the end of the third fiscal year after the
fiscal year for which the amounts were
allocated; and
(B) in the fiscal year following a fiscal
year in which amounts were withdrawn under
subparagraph (A), add the amounts to any other
amounts available to be awarded on a
competitive basis pursuant to paragraph (1).
(g) Criteria for Assistance Awards--In determining whether
to provide technical and financial assistance to a State or
local government under this section, the President shall
provide financial assistance only in States that have received
a major disaster declaration during the previous 7-year period
and take into account--
* * * * * * *
(h) * * *
[(i) National Predisaster Mitigation Fund--
[(1) Establishment.--The President may establish in
the Treasury of the United States a fund to be known as
the ``National Predisaster Mitigation Fund'', to be
used in carrying out this section.
[(2) Transfers to Fund.--There shall be deposited in
the Fund--
[(A) amounts appropriated to carry out this
section, which shall remain available until
expended; and
[(B) sums available from gifts, bequests, or
donations of services or property received by
the President for the purpose of predisaster
hazard mitigation.
[(3) Expenditures from Fund.--Upon request by the
President, the Secretary of the Treasury shall transfer
from the Fund to the President such amounts as the
President determines are necessary to provide technical
and financial assistance under this section.
[(4) Investment of amounts.--
[(A) In general.--The Secretary of the
Treasury shall invest such portion of the Fund
as is not, in the judgment of the Secretary of
the Treasury, required to meet current
withdrawals. Investments may be made only in
interest-bearing obligations of the United
States.
[(B) Acquisition of obligations.--For the
purpose of investments under subparagraph (A),
obligations may be acquired--
[(i) on original issue at the issue
price; or
[(ii) by purchase of outstanding
obligations at the market price.
[(C) Sale of obligations.--Any obligation
acquired by the Fund may be sold by the
Secretary of the Treasury at the market price.
[(D) Credits to fund.--The interest on, and
the proceeds from the sale or redemption of,
any obligations held in the Fund shall be
credited to and form a part of the Fund.
[(E) Transfers of amounts.--
[(i) In general.--The amounts
required to be transferred to the Fund
under this subsection shall be
transferred at least monthly from the
general fund of the Treasury to the
Fund on the basis of estimates made by
the Secretary of the Treasury.
[(ii) Adjustments.--Proper adjustment
shall be made in amounts subsequently
transferred to the extent prior
estimates were in excess of or less
than the amounts required to be
transferred.]
(i) National Public Infrastructure Predisaster Mitigation
Assistance.--
(1) In general.--The President may set aside from the
Disaster Relief Fund, with respect to each major
disaster, an amount equal to 6 percent of the estimated
aggregate amount of the grants to be made pursuant to
sections 403, 406, 407, 408, 410, and 416 for the major
disaster in order to provide technical and financial
assistance under this section.
(2) Estimated aggregate amount.--Not later than 180
days after each major disaster declaration pursuant to
this Act, the estimated aggregate amount of grants for
purposes of paragraph (1) shall be determined by the
President and such estimated amount need not be
reduced, increased, or changed due to variations in
estimates.
(3) No reduction in amounts.--The amount set aside
pursuant to paragraph (1) shall not reduce the amounts
otherwise made available for sections 403, 404, 406,
407, 408, 410, and 416 under this Act.
[(j) Limitation on Total Amount of Financial Assistance.--
The President shall not provide financial assistance under this
section in an amount greater than the amount available in the
Fund.]
[(k)](j) * * *
[(l)](k) * * *
[(m) Authorization of Appropriations--There are authorized
to be appropriated to carry out this section--
[(1) $180,000,000 for fiscal year 2011;
[(2) $200,000,000 for fiscal year 2012;
[(3) $200,000,000 for fiscal year 2013.]
[(n)](l) * * *
* * * * * * *
TITLE III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION
* * * * * * *
SEC. 306. PERFORMANCE OF SERVICES.
(a) * * *
(b) * * *
(c) The Administrator of the Federal Emergency Management
Agency may appoint temporary personnel, after serving
continuously for 3 years, to positions in the Federal Emergency
Management Agency in the same manner that competitive service
employees with competitive status are considered for transfer,
reassignment, or promotion to such positions. An individual
appointed under this subsection shall become a career-
conditional employee, unless the employee has already completed
the service requirements for career tenure.
* * * * * * *
SEC. 324. MANAGEMENT COSTS.
(a) Definition of Management Cost.--In this section, the
term ``management cost'' includes any indirect cost, [any
administrative expense, and any other expense not directly
chargeable to] direct administrative cost, and any other
administrative expense associated with a specific project under
a major disaster, emergency, or disaster preparedness or
mitigation activity or measure.
(b) Establishment of Management Cost Rates.--
[Notwithstanding]
(1) In general.--Notwithstanding any other provision
of law (including any administrative rule or guidance),
the President shall by regulation [establish] implement
management cost rates, for grantees and subgrantees,
that shall be used to determine contributions under
this Act for management costs.
(2) Specific management costs.--The Administrator
shall provide for management costs, in addition to the
eligible project costs, to cover direct and indirect
costs of administering the following programs:
(A) Hazard mitigation.--A grantee under
section 404 may be reimbursed for direct and
indirect administrative costs in a total amount
of not more than 15 percent of the total amount
of the grant award under such section of which
not more than 10 percent may be used by the
grantee and 5 percent by the subgrantee for
such costs.
(B) Public assistance.--A grantee under
sections 403, 406, 407, and 502 may be
reimbursed direct and indirect administrative
costs in a total amount of not more than 12
percent of the total award amount under such
sections, of which not more than 7 percent may
be used by the grantee and 5 percent by the
subgrantee for such costs.
(c) Review.--The President shall review the management cost
rates established under subsection (b) not later than 3 years
after the date of establishment of the rates and periodically
thereafter.
* * * * * * *
TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS
* * * * * * *
SEC. 430. AGENCY ACCOUNTABILITY.
(a) Public Assistance.--Not later than 5 days after the
date on which an award of a public assistance grant is made
under section 406 that is in excess of $1,000,000, the
Administrator of the Federal Emergency Management Agency
(referred to in this section as the `Administrator') shall
publish on the website of the Federal Emergency Management
Agency (referred to in this section as the `Agency') the
specifics of each such grant award, including identifying--
(1) the Federal Emergency Management Agency Region;
(2) the major disaster or emergency declaration
number;
(3) the State, county, and applicant name;
(4) if the applicant is a private nonprofit
organization;
(5) the damage category code;
(6) the amount of the Federal share obligated; and
(7) the date of the award.
(b) Mission Assignments.--
(1) In general.--Not later than 5 days after the date
on which a mission assignment or mission assignment
task order is issued under section 402(1) or section
502(a)(1), the Administrator shall publish on the
website of the Agency any mission assignment or mission
assignment task order to another Federal department or
agency regarding a major disaster in excess of
$1,000,000, including--
(A) the name of the impacted State or Indian
tribe;
(B) the major disaster declaration for such
State or Indian tribe;
(C) the assigned agency;
(D) the assistance requested;
(E) a description of the major disaster;
(F) the total cost estimate;
(G) the amount obligated;
(H) the State or tribal cost share, if
applicable;
(I) the authority under which the mission
assignment or mission assignment task order was
directed; and
(J) if applicable, the date on which a State
or Indian tribe requested the mission
assignment.
(2) Recording changes.--Not later than 10 days after
the last day of each month until a mission assignment
or mission assignment task order described in paragraph
(1) is completed and closed out, the Administrator
shall update any changes to the total cost estimate and
the amount obligated.
(c) Disaster Relief Monthly Report.--Not later than 10 days
after the first day of each month, the Administrator shall
publish reports on the website of the Agency, including a
specific description of the methodology and the source data
used in developing such reports, including--
(1) an estimate of the amounts for the fiscal year
covered by the President's most recent budget pursuant
to section 1105(a) of title 31, United States Code,
including--
(A) the unobligated balance of funds to be
carried over from the prior fiscal year to the
budget year;
(B) the unobligated balance of funds to be
carried over from the budget year to the year
after the budget year;
(C) the amount of obligations for
noncatastrophic events for the budget year;
(D) the amount of obligations for the budget
year for catastrophic events, as defined under
the National Response Framework, delineated by
event and by State;
(E) the total amount that has been previously
obligated or will be required for catastrophic
events delineated by event and by State for all
prior years, the current fiscal year, the
budget year, and each fiscal year thereafter;
(F) the amount of previously obligated funds
that will be recovered for the budget year;
(G) the amount that will be required for
obligations for emergencies, major disasters,
fire management assistance grants, as described
in section 420, surge activities, and disaster
readiness and support activities; and
(H) the amount required for activities not
covered under section 251(b)(2)(D)(iii) of the
Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii));
(2) a summary of the amount for disaster relief of--
(A) appropriations made available by source;
(B) the transfers executed;
(C) the previously allocated funds recovered;
and
(D) the commitments, allocations, and
obligations made;
(3) a table of disaster relief activity delineated by
month, including--
(A) the beginning and ending balances;
(B) the total obligations to include amounts
obligated for fire assistance, emergencies,
surge, and disaster support activities;
(C) the obligations for catastrophic events
delineated by event and by State; and
(D) the amount of previously obligated funds
that are recovered;
(4) a summary of allocations, obligations, and
expenditures for catastrophic events delineated by
event;
(5) the cost with respect to--
(A) public assistance;
(B) individual assistance;
(C) mitigation;
(D) administrative activities;
(E) operations; and
(F) any other relevant category (including
emergency measures and disaster resources)
delineated by major disaster; and
(6) the date on which funds appropriated will be
exhausted.
(d) Contracts.--
(1) Information.--
(A) In general.--Not later than 10 days after
the first day of each month, the Administrator
shall publish on the website of the Agency the
specifics of each contract in excess of
$1,000,000 that the Agency enters into during
the previous month, including--
(i) the name of the party;
(ii) the date the contract was
awarded;
(iii) the amount and scope of the
contract;
(iv) if the contract was awarded
through competitive bidding process;
(v) if no competitive bidding process
was used, the reason why competitive
bidding was not used; and
(vi) the authority used to bypass the
competitive bidding process.
(B) Requirement.--The information required to
be published under subparagraph (A) shall be
delineated by major disaster, if applicable,
and specify the damage category code, if
applicable.
(2) Report.--Not later than 10 days after the last
day of the fiscal year, the Administrator shall provide
a report to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives summarizing the following information
for the preceding fiscal year:
(A) The number of contracts awarded without
competitive bidding.
(B) The reasons why a competitive bidding
process was not used.
(C) The total amount of contracts awarded
with no competitive bidding.
(D) The damage category codes, if applicable,
for contracts awarded without competitive
bidding.
* * * * * * *
UNITED STATES CODE
* * * * * * *
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart C--Employee Performance
* * * * * * *
CHAPTER 45--INCENTIVE AWARDS
* * * * * * *
Table of Sections
* * * * * * *
4512. Agency Awards for cost savings disclosures.
4512A. Department of Homeland Security awards for cost savings
disclosures.
* * * * * * *
Subchapter I--Awards for Superior Accomplishments
* * * * * * *
SEC. 4509. PROHIBITION OF CASH AWARD TO EXECUTIVE SCHEDULE OFFICERS.
(a) No officer may receive a cash award under the
provisions of this subchapter, if such officer--
(1) * * *
(2) was appointed to such position by the President,
by and with the advice and consent of the Senate.
(b) The Secretary of Homeland Security may not receive a
cash award under this subchapter.
* * * * * * *
SEC. 4512. * * *
SEC. 4512A. DEPARTMENT OF HOMELAND SECURITY AWARDS FOR COST SAVINGS
DISCLOSURES.
(a) In this section, the term `surplus operations and
support funds' means amounts made available for the operations
and support account, or equivalent account, of the Department
of Homeland Security, or a component thereof--
(1) that are identified by an employee of the
Department of Homeland Security under subsection (b) as
unnecessary;
(2) that the Inspector General of the Department of
Homeland Security determines are not required for the
purpose for which the amounts were made available;
(3) that the Chief Financial Officer of the
Department of Homeland Security determines are not
required for the purpose for which the amounts were
made available; and
(4) the rescission of which would not be detrimental
to the full execution of the purposes for which the
amounts were made available.
(b) The Inspector General of the Department of Homeland
Security may pay a cash award to any employee of the Department
of Homeland Security whose disclosure of fraud, waste, or
mismanagement or identification of surplus operations and
support funds to the Inspector General of the Department of
Homeland Security has resulted in cost savings for the
Department of Homeland Security. The amount of an award under
this section may not exceed the lesser of--
(1) $10,000; or
(2) an amount equal to 1 percent of the Department of
Homeland Security's cost savings which the Inspector
General determines to be the total savings attributable
to the employee's disclosure or identification.
For purposes of paragraph (2), the Inspector General may take
into account Department of Homeland Security cost savings
projected for subsequent fiscal years which will be
attributable to such disclosure or identification.
(c)
(1) The Inspector General of the Department of
Homeland Security shall refer to the Chief Financial
Officer of the Department of Homeland Security any
potential surplus operations and support funds
identified by an employee that the Inspector General
determines meets the requirements under paragraphs (2)
and (4) of subsection (a), along with any
recommendations of the Inspector General.
(2)
(A) If the Chief Financial Officer of the
Department of Homeland Security determines that
potential surplus operations and support funds
referred under paragraph (1) meet the
requirements under subsection (a), except as
provided in subsection (d), the Secretary of
Homeland Security shall transfer the amount of
the surplus operations and support funds from
the applicable appropriations account to the
general fund of the Treasury.
(B) Any amounts transferred under
subparagraph (A) shall be deposited in the
Treasury and used for deficit reduction, except
that in the case of a fiscal year for which
there is no Federal budget deficit, such
amounts shall be used to reduce the Federal
debt (in such manner as the Secretary of the
Treasury considers appropriate).
(3) The Inspector General of the Department of
Homeland Security and the Chief Financial Officer of
the Department of Homeland Security shall issue
standards and definitions for purposes of making
determinations relating to potential surplus operations
and support funds identified by an employee under this
subsection.
(d)
(1) The Secretary of Homeland Security may retain not
more than 10 percent of amounts to be transferred to
the general fund of the Treasury under subsection
(c)(2).
(2) Amounts retained by the Secretary of Homeland
Security under paragraph (1) may be--
(A) used for the purpose of paying a cash
award under subsection (b) to one or more
employees who identified the surplus operations
and support funds; and
(B) to the extent amounts remain after paying
cash awards under subsection (b), transferred
or reprogrammed for use by the Department of
Homeland Security, in accordance with any
limitation on such a transfer or reprogramming
under any other provision of law.
(e)
(1) Not later than October 1 of each fiscal year, the
Secretary of Homeland Security shall submit to the
Secretary of the Treasury a report identifying the
total savings achieved during the previous fiscal year
through disclosures of possible fraud, waste, or
mismanagement and identifications of surplus operations
and support funds by an employee.
(2) Not later than September 30 of each fiscal year,
the Secretary of Homeland Security shall submit to the
Secretary of the Treasury a report that, for the
previous fiscal year--
(A) describes each disclosure of possible
fraud, waste, or mismanagement or
identification of potentially surplus
operations and support funds by an employee of
the Department of Homeland Security determined
by the Department of Homeland Security to have
merit; and
(B) provides the number and amount of cash
awards by the Department of Homeland Security
under subsection (b).
(3) The Secretary of Homeland Security shall include
the information described in paragraphs (1) and (2) in
each budget request of the Department of Homeland
Security submitted to the Office of Management and
Budget as part of the preparation of the budget of the
President submitted to Congress under section 1105(a)
of title 31.
(4) The Secretary of the Treasury shall submit to the
Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of
Representatives, and the Government Accountability
Office an annual report on Federal cost saving and
awards based on the reports submitted under paragraphs
(1) and (2).
(f) The Director of the Office of Personnel Management
shall--
(1) ensure that the cash award program of the
Department of Homeland Security complies with this
section; and
(2) submit to Congress an annual certification
indicating whether the cash award program of the
Department of Homeland Security complies with this
section.
(g) Not later than 3 years after the date of enactment of
this section, and every 3 years thereafter, the Comptroller
General of the United States shall submit to Congress a report
on the operation of the cost savings and awards program under
this section, including any recommendations for legislative
changes.
* * * * * * *
Subpart D--Pay and Allowances
* * * * * * *
CHAPTER 53--PAY AND RATES SYSTEM
* * * * * * *
Subchapter II--Executive Schedule Pay Rates
* * * * * * *
SEC. 5314. POSITIONS AT LEVEL III.
Level III of the Executive Schedule applies to the
following positions, for which the annual rate of basic pay
shall be the rate determined with respect to such level under
chapter 11 of title 2, as adjusted by section 5318 of this
title:
* * * * * * *
Under Secretaries, Department of Homeland Security.
Director, Cybersecurity and Infrastructure Security Agency.
* * * * * * *
SEC. 5315 POSITIONS AT LEVEL IV.
Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
* * * * * * *
Assistant Secretaries, Department of Homeland Security.
Assistant Director for Cybersecurity, Cybersecurity and
Infrastructure Security Agency
Assistant Director for Infrastructure Security,
Cybersecurity and Infrastructure Security Agency.
* * * * * * *
SEC. 10102. STRATEGIC HUMAN CAPITAL PLAN.
(a) * * *
(b) * * *
(c) Annual Updates.--Not later than May 1, [2007] 2018, and
May 1st of each of the next 5 succeeding years, the
Administrator shall submit to the appropriate committees of
Congress an update on the strategic human capital plan,
including an assessment by the Administrator, using results-
oriented performance measures, of the progress of the
Department and the Agency in implementing the strategic human
capital plan.
* * * * * * *
TITLE 6--DOMESTIC SECURITY
* * * * * * *
CHAPTER 4--TRANSPORTATION SECURITY
* * * * * * *
Subchapter I--Transportation Security Planning and Information Sharing
* * * * * * *
SEC. 1102. NATIONAL PREPAREDNESS CONSORTIUM.
(a) * * *
(b) Members.--Members of the National Domestic Preparedness
Consortium shall consist of--
(1) * * *
* * * * * * *
(4) the National Emergency Response and [Rescue]
Recovery Training Center, Texas A&M University;
* * * * * * *
(c) Duties.--The National Domestic Preparedness Consortium
shall identify, develop, test, and deliver training to State,
local, and tribal emergency response providers, provide on-site
and mobile training at the performance and management and
planning levels to the extent practicable, provide training in
settings that simulate eal response environments, such as urban
areas, and facilitate the delivery of training by the training
partners of the Department.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary--
[(1) for the Center for Domestic Preparedness--
[(A) $57,000,000 for fiscal year 2008;
[(B) $60,000,000 for fiscal year 2009;
[(C) $63,000,000 for fiscal year 2010; and
[(D) $66,000,000 for fiscal year 2011; and]
[(2) for the National Energetic Materials Research
and Testing Center, the National Center for Biomedical
Research and Training, the National Emergency Response
and [Rescue]Recovery Training Center, the National
Exercise Test, and Training Center, the Transportation
Technology Center, Incorporated, and the National
Disaster Preparedness Training Center each--
[(A) $22,000,000 for fiscal year 2008;
[(B) $23,000,000 for fiscal year 2009;
[(C) $24,000,000 for fiscal year 2010; and
[(D) $25,000,000 for fiscal year 2011.]
(1) for the Center for Domestic Preparedness--
(A) $63,939,000 for fiscal year 2018;
(B) $64,962,024 for fiscal year 2019; and
(C) $66,001,416 for fiscal year 2020; and
(2) for the members of the National Domestic
Preparedness Consortium described in paragraphs (2)
through (7) of subsection (b)--
(A) $101,000,000 for fiscal year 2018;
(B) $102,606,000 for fiscal year 2019; and
(C) $104,247,856 for fiscal year 2020.
(e) Savings Provision.--From the amounts appropriated
pursuant to this section, the Secretary shall ensure that
future amounts provided to [each of the following entities]
members of the National Domestic Preparedness Consortium
enumerated in subsection (b) are not less than the amounts
provided to each such entity for participation in the
Consortium in fiscal year [2007--]2005.
[(1) the Center for Domestic Preparedness;
(2) the National Energetic Materials Research and
Testing Center, New Mexico Institute of Mining and
Technology;
(3) the National Center for Biomedical Research and
Training, Louisiana State University;
(4) the National Emergency Response and [Rescue]
Recovery Training Center, Texas A&M University; and
(5) the National Exercise, Test, and Training Center,
Nevada Test Site.]
* * * * * * *
Subchapter III--Public Transportation Security
* * * * * * *
SEC. 1135. PUBLIC TRANSPORTATION SECURITY ASSISTANCE.
(a) * * *
(b) Use of Funds.--A recipient of a grant under subsection
(a) shall use the grant funds for one or more of the following:
(1) * * *
(2) Operating uses of funds, including--
(A) security training and costs associated
with filling the positions of employees
receiving training during their absense,
including training under section 1137 of this
title and training developed by institutions of
higher education and by nonprofit employee
labor organizations, for public transportation
employees, including frontline employees;
* * * * * * *
[(m) Authorization of Appropriations.--
[(1) There are authorized to be appropriated to the
Secretary to make grants under this section--
[(A) such sums as are necessary for fiscal
year 2007;
[(B) $650,000,000 for fiscal year 2008,
except that not more than 50 percent of such
funds may be used for operational costs under
subsection (b)(2);
[(C) $750,000,000 for fiscal year 2009,
except that not more than 30 percent of such
funds may be used for operational costs under
subsection (b)(2);
[(D) $900,000,000 for fiscal year 2010,
except that not more than 20 percent of such
funds may be used for operational costs under
subsection (b)(2); and
[(E) $1,100,000,000 for fiscal year 2011,
except that not more than 10 percent of such
funds may be used for operational costs under
subsection (b)(2).
[(2) Period of availability.--Sums appropriated to
carry out this section shall remain available until
expended.
[(3) Waiver.--The Secretary may waive the limitation
on operational costs specified in subparagraphs (B)
through (E) of paragraph (1) if the Secretary
determines that such a waiver is required in the
interest of national security, and if the Secretary
provides a written justification to the appropriate
congressional committees prior to any such action.
[(4) Effective date.--Funds provided for fiscal year
2007 transit security grants under Public Law 110-28
shall be allocated based on security assessments that
are in existence as of August 3, 2007.]
(m) Periods of Performance.--Funds provided pursuant to a
grant awarded under this section for a use specified in
subsection (b) shall remain available for use by a grant
recipient for a period of not fewer than 36 months.
* * * * * * *
TITLE 15--COMMERCE AND TRADE
* * * * * * *
CHAPTER 14A--AID TO SMALL BUSINESS
* * * * * * *
SEC. 648. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM AUTHORIZATION.
(a) * * *
(1) * * *
* * * * * * *
(8) Cybersecurity Assistance.--
(A) In general.--The Department of Homeland
Security, and any other Federal department or
agency in coordination with the Department of
Homeland Security, may leverage small business
development centers to provide assistance to
small business concerns by disseminating
information relating to cybersecurity risks and
other homeland security matters to help small
business concerns in developing or enhancing
cybersecurity infrastructure, awareness of
cyber threat indicators, and cyber training
programs for employees.
(B) Definitions.--In this paragraph, the
terms ``cybersecurity risk'' and ``cyber threat
indicator'' have the meanings given such terms,
respectively, under [section 227(a) of the
Homeland Security Act of 2002 (6 U.S.C.
148(a))] section 2209(a) of the Homeland
Security Act of 2002.
* * * * * * *
TITLE 19--CUSTOMS DUTIES
* * * * * * *
CHAPTER 4--THE TARIFF ACT OF 1930
* * * * * * *
Subtitle III--Administrative Provisions
* * * * * * *
PART II--REPORT, ENTRY, AND UNLOADING OF VESSELS AND VEHICLES
* * * * * * *
SEC. 1431. MANIFESTS.
(a) * * *
(b) * * *
(c) * * *
(1) * * *
[(2) The information listed in paragraph (1) shall
not be available for public disclosure if--
[(A) the Secretary of the Treasury makes an
affirmative finding on a shipment-by-shipment
basis that disclosure is likely to pose a
threat of personal injury or property damage;
or
[(B) the information is exempt under the
provisions of section 552(b)(1) of title 5.]
(A) The information listed in paragraph (1) shall not
be available for public disclosure if--
(i) the Secretary of the Treasury makes an
affirmative finding on a shipment-by-shipment
basis that disclosure is likely to pose a
threat of personal injury or property damage;
or
(ii) the information is exempt under the
provisions of section 552(b)(1) of title 5,
United States Code.
(B) The Commissioner of U.S. Customs and Border
Protection shall ensure that any personally
identifiable information, including social security
numbers, passport numbers, and residential addresses,
is removed from any manifest signed, produced,
delivered, or transmitted under this section before the
manifest is disclosed to the public.
* * * * * * *
TITLE 42--THE PUBLIC HEALTH AND WELFARE
* * * * * * *
CHAPTER 6A--PUBLIC HEALTH SERVICE
* * * * * * *
Subchapter XXVI--National All-Hazards Preparedness for Public Health
Emergencies
* * * * * * *
PART A--NATIONAL ALL-HAZARDS PREPAREDNESS AND RESPONSE PLANNING,
COORDINATION, AND REPORTING
* * * * * * *
SEC. 300HH. PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND RESPONSE
FUNCTIONS.
(a) In General.--The Secretary of Health and Human Services
shall lead all Federal public health and medical response to
public health emergencies and incidents covered by [the
National Response Plan developed pursuant to section 502(6) of
the Homeland Security Act of 2002] the National Response
Framework developed pursuant to section 504(a)(6) of the
Homeland Security Act of 2002 (2 U.S.C. 314(a)(6)), or any
successor plan.
* * * * * * *
TITLE 46--SHIPPING
* * * * * * *
Subtitle VII--Security and Drug Enforcement
* * * * * * *
CHAPTER 701--PORT SECURITY
* * * * * * *
Subchapter I--General
* * * * * * *
SEC. 70107. GRANTS.
(a) * * *
* * * * * * *
[(l) Authorization of Appropriations.--There are authorized
to be appropriated $400,000,000 for each of the fiscal years
2007 through 2013 to carry out this section.]
[(m)](l) * * *
(m) Period of Performance.--The Secretary shall make funds
under this section available for use by a recipient of a grant
for a period of not less than 36 months.
* * * * * * *
TITLE 50--WAR AND NATIONAL DEFENSE
* * * * * * *
CHAPTER 40--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION ACT OF 1996
* * * * * * *
Subchapter I--Domestic Preparedness
* * * * * * *
SEC. 2314. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND HIGH-YIELD
EXPLOSIVES RESPONSE TEAM.
(a) * * *
(b) Addition to Federal Response Plans.--The Secretary of
Homeland Security shall incorporate into the [National Response
Plan prepared pursuant to section 502(6)\1\ of the Homeland
Security Act of 2002 (6 U.S.C. 312(6))] National Response
Framework prepared pursuant to section 504(a)(6) of the
Homeland Security Act of 2002 (6 U.S.C. 314(a)(6)), other
existing Federal emergency response plans, and programs
prepared under section 5196(b) of title 42 guidance on the use
and deployment of the rapid response teams established under
this section to respond to emergencies involving weapons of
mass destruction. The Secretary of Homeland Security shall
carry out this subsection in coordination with the Secretary of
Defense and the heads of other Federal agencies involved with
the emergency response plans.
* * * * * * *
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