I 

116TH CONGRESS 

2D SESSION H. R. 8309 

To authorize certain authorities of the Department of Homeland Security, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2020 

Mr. ROGERS of Alabama (for himself, Mr. KING of New York, Mr. MCCAUL, 

Mr. KATKO, Mr. WALKER, Mr. HIGGINS of Louisiana, Mrs. LESKO, Mr. 

GREEN of Tennessee, Mr. JOYCE of Pennsylvania, Mr. CRENSHAW, Mr. 

GUEST, Mr. BISHOP of North Carolina, Mr. VAN DREW, and Mr. GARCIA

of California) introduced the following bill; which was referred to the 

Committee on Homeland Security, and in addition to the Committees on 

the Judiciary, Ways and Means, Transportation and Infrastructure, 

Oversight and Reform, Energy and Commerce, Foreign Affairs, and 

House Administration, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To authorize certain authorities of the Department of 

Homeland Security, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Keep America Secure Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Authorization of appropriations. 

TITLE I—MANAGEMENT REFORM AND ACCOUNTABILITY 

Subtitle A—Headquarters Operation 

Sec. 101. Homeland security enterprise defined. 

Sec. 102. Functions and components of headquarters of Department of Homeland Security. 

Sec. 103. Repeal of Director of Shared Services and Office of Counternarcotics 

Enforcement of Department of Homeland Security. 

Sec. 104. Responsibilities and functions of Chief Privacy Officer. 

Sec. 105. Unmanned Aircraft Systems Countermeasures Coordinator. 

Sec. 106. Responsibilities of Chief Financial Officer. 

Sec. 107. Chief Information Officer. 

Sec. 108. Quadrennial homeland security review. 

Sec. 109. Office of Strategy, Policy, and Plans. 

Sec. 110. Chief Procurement Officer. 

Sec. 111. Chief Security Officer. 

Sec. 112. Office of Partnership and Engagement. 

Sec. 113. Department of Homeland Security rotation program. 

Sec. 114. Annual submission to Congress of information regarding reprogramming or transfer of Department of Homeland Security resources to respond to operational surges. 

Sec. 115. Overseas personnel briefing. 

Subtitle B—Acquisition Reform 

Sec. 121. Acquisition Review Board. 

Sec. 122. Acquisition authorities for Under Secretary for Management of the 

Department of Homeland Security. 

Sec. 123. Acquisition authorities for Under Secretary of Strategy, Policy, and 

Plans. 

Sec. 124. Acquisition authorities for Program Accountability and Risk Management (PARM). 

Sec. 125. Government Accountability Office review of board and of requirements to reduce duplication in acquisition programs. 

Sec. 126. Excluded party list system waivers. 

Sec. 127. Inspector general oversight of suspension and debarment. 

Sec. 128. Congressional notification for major acquisition programs. 

Sec. 129. Multiyear acquisition strategy. 

Sec. 130. Acquisition reports. 

Sec. 131. Prohibition on operation or procurement of foreign-made unmanned 

aircraft systems. 

Sec. 132. Establishment of the Office of Biometric Identity Management. 

Subtitle C—Management of Programs 

Sec. 141. Department of Homeland Security enhanced hiring. 

Sec. 142. Fitness standards. 

Sec. 143. Training to protect the vulnerable. 


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Sec. 144. Department of Homeland Security Blue Campaign enhancement. 

TITLE II—INTELLIGENCE AND INFORMATION SHARING 

Subtitle A—DHS Intelligence Enterprise 

Sec. 201. Annual homeland threat assessments. 

Sec. 202. Homeland intelligence doctrine. 

Sec. 203. Comptroller General assessment. 

Sec. 204. Analysts for the chief intelligence officer. 

Sec. 205. Establishment of Insider Threat Program. 

Sec. 206. Department of Homeland Security counterintelligence vetting task 

force. 

Sec. 207. Visa security. 

Sec. 208. Chemical, biological, radiological, and nuclear intelligence and information sharing. 

Sec. 209. Inland waters threat analysis. 

Sec. 210. Transnational criminal organizations threat assessment. 

Sec. 211. Department of Homeland Security counterterrorism advisory board. 

Sec. 212. National Vetting Center. 

Sec. 213. National Vetting Governance Board. 

Subtitle B—Information Sharing 

Sec. 215. Department of Homeland Security Fusion Center Partnership Initiative. 

Sec. 216. Fusion center personnel needs assessment. 

Sec. 217. Program for State and local analyst clearances. 

Sec. 218. Information technology assessment. 

Sec. 219. Department of Homeland Security classified facility inventory and 

dissemination. 

Sec. 220. Terror inmate information sharing. 

Sec. 221. Enhancing Department of Homeland Security suspicious activity reporting operations. 

TITLE III—CYBERSECURITY 

Sec. 301. Cybersecurity Advisory Committee. 

Sec. 302. Cybersecurity essentials. 

Sec. 303. Establishment of continuous diagnostics and mitigation program in 

the Cybersecurity and Infrastructure Security Agency. 

Sec. 304. Administrative subpoena authority. 

Sec. 305. CISA Director term limitation. 

Sec. 306. State, local, Tribal, and territorial cybersecurity. 

Sec. 307. Cybersecurity workforce. 

Sec. 308. Election security. 

Sec. 309. Protection from liability. 

Sec. 310. Permanent extension of chemical facility anti-terrorism standards 

program of the Department of Homeland Security. 

Sec. 311. Cybersecurity research and development projects. 

Sec. 312. Loan repayment program. 

Sec. 313. Exclusion of certain student loan repayments. 

Sec. 314. Scholarship for service. 

Sec. 315. Cybersecurity and Infrastructure Security Agency review. 

Sec. 316. Strategy to secure email. 

Sec. 317. Strengthening Federal networks. 

Sec. 318. Authorization of appropriations. 


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TITLE IV—BORDER AND VISA SECURITY 

Sec. 401. Additional U.S. Customs and Border Protection agents and officers. 

Sec. 402. Establishment of workload staffing models for U.S. Border Patrol 

and Air and Marine Operations of CBP. 

Sec. 403. U.S. Customs and Border Protection retention incentives. 

Sec. 404. Study on efficacy of certain personnel screening methods for U.S. 

Customs and Border Protection use. 

Sec. 405. Hiring flexibility. 

Sec. 406. Supplemental commissioner authority and definitions. 

Sec. 407. Technical and conforming amendment. 

Sec. 408. Ports of entry infrastructure. 

Sec. 409. U.S. Customs and Border Protection technology upgrades. 

Sec. 410. Physical barriers along the southwest border. 

Sec. 411. Air and Marine Operations flight hours. 

Sec. 412. Amendments to U.S. Customs and Border Protection. 

Sec. 413. Continuous screening by U.S. Customs and Border Protection. 

Sec. 414. Customs Trade Partnership Against Terrorism. 

Sec. 415. Strategy to ensure detection of all opioid purity levels at ports of 

entry. 

Sec. 416. Authorization of the immigration advisory program. 

Sec. 417. Border security technology accountability. 

Sec. 418. Establishment of U.S. Immigration and Customs Enforcement. 

Sec. 419. Biometric Identification Transnational Migration Alert Program. 

Sec. 420. Reporting of visa overstays. 

Sec. 421. Student and exchange visitor information system verification. 

Sec. 422. Social media review of visa applicants. 

Sec. 423. Homeland security investigations national gang unit. 

Sec. 424. Homeland security investigations transnational criminal investigative 

units. 

Sec. 425. Homeland security investigations innovation lab. 

Sec. 426. Establishment of United States Citizenship and Immigration Services. 

Sec. 427. Fraud prevention. 

Sec. 428. Border security and trade modernization trust fund. 

Sec. 429. Border security improvement plan. 

Sec. 430. Integrated Border Enforcement Teams. 

Sec. 431. No ban on information sharing. 

Sec. 432. Border Security Advisory Committee. 

Sec. 433. Border tunnel detection. 

Sec. 434. Subterranean operations. 

Sec. 435. Border enforcement security task force updates. 

Sec. 436. Extension of port of entry donation authority. 

TITLE V—TRANSPORTATION SECURITY 

Sec. 501. Authorization of appropriations for salaries, operation, and maintenance of the Transportation Security Administration. 

Sec. 502. Retention of security service fee by the Transportation Security Administration. 

Sec. 503. Emerging and future threats task force. 

Sec. 504. Comptroller General review. 

Sec. 505. Enrollment redress. 

Sec. 506. Training required. 

Sec. 507. Identity and travel document verification. 

Sec. 508. Standard operating procedures at airport checkpoints. 


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Sec. 509. Canine detection research and development. 

Sec. 510. Security incident response at airports and surface transportation 

hubs. 

Sec. 511. Alternate new security screening personnel training program cost and 

feasibility study. 

Sec. 512. Prohibition of advance notice of covert testing to security screeners. 

Sec. 513. Explosive detection technology. 

Sec. 514. Recurrent vetting for surface transportation credential-holders. 

Sec. 515. Biometrics for TSA PreCheck. 

Sec. 516. Secure Flight program. 

Sec. 517. Known Crew Member program. 

Sec. 518. Screening Partnership Program. 

Sec. 519. Headquarters efficiency. 

Sec. 520. Repeal of regulations. 

Sec. 521. Sensitive security information. 

Sec. 522. International aviation security. 

Sec. 523. Office of Inspection accountability. 

Sec. 524. Checkpoints of the future. 

Sec. 525. Air cargo security. 

Sec. 526. Childcare. 

Sec. 527. Passengers with physical or cognitive disabilities. 

Sec. 528. TSA Human Capital Strategic Plan. 

Sec. 529. Screening technology deployment. 

Sec. 530. Review of aviation security stakeholder access to Homeland Security 

Information Network. 

Sec. 531. Airport public area security enhancement. 

TITLE VI—EMERGENCY PREPAREDNESS, RESPONSE, AND 

RECOVERY 

Subtitle A—Grants, Training, Exercises, and Coordination 

Sec. 601. Urban Area Security Initiative. 

Sec. 602. State Homeland Security Grant Program. 

Sec. 603. Grants to directly eligible tribes. 

Sec. 604. Law enforcement terrorism prevention. 

Sec. 605. Prioritization. 

Sec. 606. Allowable uses. 

Sec. 607. Memoranda of understanding. 

Sec. 608. Grants metrics. 

Sec. 609. Grant management best practices. 

Sec. 610. Prohibition on consolidation. 

Sec. 611. Maintenance of grant investments. 

Sec. 612. Allowable uses of funds for public transportation security assistance 

grants. 

Sec. 613. Periods of performance for public transportation security assistance 

grants. 

Sec. 614. Comptroller General review of public transportation security assistance grant program. 

Sec. 615. Port security grant program. 

Sec. 616. Cyber preparedness. 

Sec. 617. Operation Stonegarden. 

Subtitle B—Communications 

Sec. 621. Office of Emergency Communications. 


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Sec. 622. Responsibilities of Office of Emergency Communications Director. 

Sec. 623. Annual reporting on activities of the Office of Emergency Communications. 

Sec. 624. National emergency communications plan. 

Sec. 625. Technical edit. 

Sec. 626. Public safety broadband network. 

Sec. 627. Communications training. 

Subtitle C—Federal Emergency Management Agency (FEMA) 

Sec. 631. Short title. 

Sec. 632. Reauthorization of Federal Emergency Management Agency. 

Sec. 633. National domestic preparedness consortium. 

Sec. 634. Rural Domestic Preparedness Consortium. 

Sec. 635. Center for Faith-Based and Neighborhood Partnerships. 

Sec. 636. Emergency support functions. 

Sec. 637. Review of national incident management system. 

Sec. 638. Remedial action management program. 

Sec. 639. Strategic human capital plan. 

Sec. 640. Office of Disability Integration and Coordination. 

Sec. 641. FEMA Senior Law Enforcement Advisor. 

Sec. 642. Technical amendments to national emergency management. 

Subtitle D—Genome Editing Threat Assessment 

Sec. 651. Genome editing threat assessment. 

TITLE VII—PANDEMIC PREPAREDNESS 

Sec. 701. Chief Medical Officer. 

Sec. 702. Medical countermeasures program. 

Sec. 703. Personal protective equipment. 

Sec. 704. Teleworking assessment. 

Sec. 705. Transportation security public health threat preparedness. 

Sec. 706. Securing critical supplies. 

1 SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated for the nec3 essary expenses of the Department of Homeland Security 

4 authorized by this Act, the amendments made by this Act, 

5 and other provisions of law (including relevant provisions 

6 of title 49, United States Code, and the Homeland Secu7 rity Act of 2002 (6 U.S.C. 101 et seq.))— 

8 (1) $59,100,000,000 for fiscal year 2021, of 

9 which— 


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1 (A) $11,975,942,980 shall be for grants 

2 and agency expenditures as provided in titles 

3 III, IV, V, and VI and the amendments made 

4 by such titles; and 

5 (B) $7,917,936,000 shall be for the Trans6 portation Security Administration as provided 

7 by section 114(w) of title 49, United States 

8 Code; and 

9 (2) $60,200,000,000 for fiscal year 2022, of 

10 which $20,477,721,840 shall be for grants and agen11 cy expenditures as provided in titles III, IV, V, and 

12 VI and the amendments made by such titles. 

13 TITLE I—MANAGEMENT REFORM 

14 AND ACCOUNTABILITY 

15 Subtitle A—Headquarters 

16 Operation 

17 SEC. 101. HOMELAND SECURITY ENTERPRISE DEFINED. 

18 Section 2 of the Homeland Security Act of 2002 (6 

19 U.S.C. 101) is amended— 

20 (1) by redesignating paragraphs (9) through 

21 (20) as paragraphs (10) through (21), respectively; 

22 and 

23 (2) by inserting after paragraph (8) the fol24 lowing new paragraph (9): 


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1 ‘‘(9) The term ‘homeland security enterprise’ 

2 means any relevant governmental or nongovern3 mental entity involved in homeland security, includ4 ing a Federal, State, or local government official, 

5 private sector representative, academic, or other pol6 icy expert.’’. 

7 SEC. 102. FUNCTIONS AND COMPONENTS OF HEAD8 QUARTERS OF DEPARTMENT OF HOMELAND 

9 SECURITY. 

10 Section 102 of the Homeland Security Act of 2002 

11 (6 U.S.C. 112) is amended— 

12 (1) in subsection (b)— 

13 (A) in paragraph (2), by striking ‘‘and’’ 

14 after the semicolon at the end; 

15 (B) in paragraph (3), by striking the pe16 riod and inserting ‘‘; and’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(4) may enter into agreements with govern19 ments of other countries, in consultation with the 

20 Secretary of State and international nongovern21 mental organizations, in order to achieve the mis22 sions of the Department.’’; and 

23 (2) in subsection (c), in the matter preceding 

24 paragraph (1), by striking ‘‘through the Office of 

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1 tion 801)’’ and inserting ‘‘through the Office of 

2 Partnership and Engagement’’; and 

3 (3) by adding at the end the following new sub4 section: 

5 ‘‘(h) HEADQUARTERS.— 

6 ‘‘(1) COMPONENTS.—There is in the Depart7 ment a Headquarters. The Department Head8 quarters shall include each of the following: 

9 ‘‘(A) The Office of the Secretary. 

10 ‘‘(B) The Office of the Deputy Secretary. 

11 ‘‘(C) The Executive Secretary. 

12 ‘‘(D) The Management Directorate, includ13 ing the Office of the Chief Financial Officer. 

14 ‘‘(E) The Science and Technology Direc15 torate. 

16 ‘‘(F) The Office of Strategy, Policy, and 

17 Plans. 

18 ‘‘(G) The Office of the General Counsel. 

19 ‘‘(H) The Office of the Chief Privacy Offi20 cer. 

21 ‘‘(I) The Office for Civil Rights and Civil 

22 Liberties. 

23 ‘‘(J) The Office of Operations Coordina24 tion. 


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1 ‘‘(K) The Office of Intelligence and Anal2 ysis. 

3 ‘‘(L) The Office of Legislative Affairs. 

4 ‘‘(M) The Office of Public Affairs. 

5 ‘‘(N) The Office of the Inspector General. 

6 ‘‘(O) The Office of the Citizenship and Im7 migration Services Ombudsman. 

8 ‘‘(P) The Office of Partnership and En9 gagement. 

10 ‘‘(Q) The Countering Weapons of Mass 

11 Destruction Office. 

12 ‘‘(2) FUNCTIONS.—The Secretary, acting 

13 through the appropriate official of the Headquarters, 

14 shall— 

15 ‘‘(A) establish an overall strategy to suc16 cessfully further the mission of the Department; 

17 ‘‘(B) establish initiatives that improve De18 partment-wide operational performance; 

19 ‘‘(C) establish mechanisms to— 

20 ‘‘(i) ensure that components of the 

21 Department comply with Department poli22 cies and fully implement the strategies and 

23 initiatives of the Secretary; and 

24 ‘‘(ii) require the head of each compo25 nent of the Department and component 


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1 chief officers to comply with such policies 

2 and implement such strategies and initia3 tives; 

4 ‘‘(D) establish annual operational and 

5 management objectives to evaluate the perform6 ance of the Department; 

7 ‘‘(E) ensure that the Department success8 fully meets operational and management per9 formance objectives through conducting over10 sight of component agencies; 

11 ‘‘(F) ensure that the strategies, priorities, 

12 investments, and workforce of Department com13 ponents align with Department objectives; 

14 ‘‘(G) establish and implement policies re15 lated to Department ethics and compliance 

16 standards; 

17 ‘‘(H) establish and implement, in consulta18 tion with the Office of Civil Rights and Civil 

19 Liberties, policies which preserve individual lib20 erty, fairness, and equality under the law; 

21 ‘‘(I) manage and encourage shared services 

22 across Department components; 

23 ‘‘(J) lead and coordinate interaction with 

24 Congress and other external organizations; and 


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1 ‘‘(K) carry out other such functions as the 

2 Secretary determines are appropriate.’’. 

3 SEC. 103. REPEAL OF DIRECTOR OF SHARED SERVICES AND 

4 OFFICE OF COUNTERNARCOTICS ENFORCE5 MENT OF DEPARTMENT OF HOMELAND SECU6 RITY. 

7 (a) ABOLISHMENT OF DIRECTOR OF SHARED SERV8 ICES.— 

9 (1) ABOLISHMENT.—The position of Director of 

10 Shared Services of the Department of Homeland Se11 curity is abolished. 

12 (2) CONFORMING AMENDMENT.—The Home13 land Security Act of 2002 is amended by striking 

14 section 475 (6 U.S.C. 295). 

15 (3) CLERICAL AMENDMENT.—The table of con16 tents in section 1(b) of such Act is amended by 

17 striking the item relating to section 475. 

18 (b) ABOLISHMENT OF THE OFFICE OF COUNTER19 NARCOTICS ENFORCEMENT.— 

20 (1) ABOLISHMENT.—The Office of Counter21 narcotics Enforcement is abolished. 

22 (2) CONFORMING AMENDMENTS.—The Home23 land Security Act of 2002 is amended— 

24 (A) in subparagraph (B) of section 

25 843(b)(1) (6 U.S.C. 413(b)(1)), by striking 


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1 ‘‘by—’’ and all that follows through the end of 

2 that subparagraph and inserting ‘‘by the Sec3 retary; and’’; and 

4 (B) by striking section 878 (6 U.S.C. 

5 112). 

6 (3) CLERICAL AMENDMENT.—The table of con7 tents in section 1(b) of such Act is amended by 

8 striking the item relating to section 878. 

9 SEC. 104. RESPONSIBILITIES AND FUNCTIONS OF CHIEF 

10 PRIVACY OFFICER. 

11 (a) IN GENERAL.—Section 222 of the Homeland Se12 curity Act of 2002 (6 U.S.C. 142) is amended— 

13 (1) in subsection (a)— 

14 (A) in the matter preceding paragraph 

15 (1)— 

16 (i) by inserting ‘‘to be the Chief Pri17 vacy Officer of the Department and, if the 

18 Secretary so appoints, the Chief Freedom 

19 of Information Act (FOIA) Officer,’’ after 

20 ‘‘in the Department,’’; and 

21 (ii) by striking ‘‘to the Secretary, to 

22 assume primary responsibility for privacy 

23 policy’’ and inserting ‘‘to the Secretary. 

24 Such official shall be deemed the equiva25 lent of an Assistant Secretary, and shall 


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1 assume primary responsibility for privacy 

2 policy and, if determined appropriate by 

3 the Secretary, FOIA policy, of the Depart4 ment’’; 

5 (B) in paragraph (5)(B), by striking 

6 ‘‘and’’ at the end; and 

7 (C) by striking paragraph (6) and insert8 ing the following new paragraphs: 

9 ‘‘(6) developing guidance and recommendations 

10 to assist components of the Department in devel11 oping privacy policies and practices; 

12 ‘‘(7) establishing a mechanism to ensure such 

13 components are in compliance with Federal, regu14 latory, statutory, and Department privacy require15 ments, mandates, directives, and policies; 

16 ‘‘(8) working with the Chief Information Officer 

17 of the Department to identify methods for managing 

18 and overseeing the records, management policies, 

19 and procedures of the Department; 

20 ‘‘(9) working with components and offices of 

21 the Department to ensure that policy development, 

22 information sharing, and information management 

23 activities incorporate disclosure considerations and 

24 privacy protections; 


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1 ‘‘(10) serving as the Chief FOIA Officer of the 

2 Department for purposes of subsection (j) of section 

3 552 of title 5, United States Code (popularly known 

4 as the Freedom of Information Act), to manage and 

5 process requests related to such section; 

6 ‘‘(11) developing guidance on procedures to be 

7 followed by individuals making requests for informa8 tion under such section 552; 

9 ‘‘(12) overseeing hiring of FOIA officers and 

10 the management and processing of requests for in11 formation under such section 552 within Depart12 ment Headquarters and relevant Department compo13 nent offices; 

14 ‘‘(13) identifying and eliminating unnecessary 

15 and duplicative technology and actions taken by the 

16 Department in the course of processing requests for 

17 information under such section 552; 

18 ‘‘(14) preparing an annual report to Congress 

19 that includes a description of— 

20 ‘‘(A) the activities of the Department that 

21 affect privacy during the fiscal year covered by 

22 the report, including complaints of privacy vio23 lations, implementation of section 552a of title 

24 5, United States Code (popularly known as the 


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1 Privacy Act of 1974), internal controls, and 

2 other matters; and 

3 ‘‘(B) insignificant programs implemented 

4 or revised in the Department during the fiscal 

5 year covered by the report, the number of pro6 grams that the Chief Privacy Officer has evalu7 ated to ensure that privacy protections are con8 sidered and implemented, the number of pro9 grams reviewed that effectively implemented 

10 privacy protections, and an explanation of why 

11 any new programs did not effectively implement 

12 privacy protections; 

13 ‘‘(15) issuing guidance to relevant Department 

14 component offices to ensure uniform disclosure poli15 cies and processes to administer such section 552; 

16 and 

17 ‘‘(16) carrying out such other responsibilities as 

18 the Secretary determines are appropriate, consistent 

19 with this section.’’; and 

20 (2) by adding at the end the following new sub21 sections: 

22 ‘‘(f) REASSIGNMENT OF FUNCTIONS.—Notwith23 standing any requirement under this section, the Sec24 retary may reassign the functions related to managing and 

25 processing requests for information under section 552 of 


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1 title 5, United States Code, to another officer within the 

2 Department, consistent with requirements of such section. 

3 ‘‘(g) WORKING GROUP.— 

4 ‘‘(1) IN GENERAL.—The Chief Privacy Officer, 

5 or, if the Secretary determines appropriate, whoever 

6 is appointed by the Secretary as the Chief FOIA Of7 ficer, shall establish and serve as the Chair of a 

8 working group comprised of personnel from across 

9 the Department who are involved in executing disclo10 sure policies and processes involved in administra11 tion of section 552 of title 5, United States Code 

12 (commonly referred to as the ‘Freedom of Informa13 tion Act’). 

14 ‘‘(2) PURPOSE.—The working group established 

15 in accordance with paragraph (1) shall be a forum— 

16 ‘‘(A) for the sharing of information and 

17 best practices; and 

18 ‘‘(B) to develop solutions to challenges en19 countered within Department component offices 

20 relating to disclosure policies and processes re21 ferred to in such paragraph. 

22 ‘‘(3) RESPONSIBILITIES.—Members of the 

23 working group shall meet not less than once every 

24 quarter to advise the Chair on matters concerning 

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1 ministration of section 552 of title 5, United States 

2 Code, including on the following matters: 

3 ‘‘(A) The development of guidance for uni4 form disclosure policies and processes, in ac5 cordance with paragraph (15) of subsection (a). 

6 ‘‘(B) Ways to reduce unnecessary 

7 redundancies that may undermine the respon8 sive and efficient processing of requests for in9 formation under such section 552.’’. 

10 SEC. 105. UNMANNED AIRCRAFT SYSTEMS COUNTER11 MEASURES COORDINATOR. 

12 (a) IN GENERAL.—Title III of the Homeland Secu13 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 

14 adding at the end the following new section: 

15 ‘‘SEC. 321. COUNTERING UNMANNED AIRCRAFT SYSTEMS 

16 COORDINATOR. 

17 ‘‘(a) COORDINATOR.—The Secretary shall designate 

18 a senior official of the Office of Strategy, Policy, and 

19 Plans of the Department as the Countering Unmanned 

20 Aircraft Systems (UAS) Coordinator (in this section re21 ferred to as the ‘Coordinator’) to coordinate with relevant 

22 Department offices and components, including the Office 

23 for Civil Rights and Civil Liberties and the Privacy Office 

24 and other relevant Federal agencies, as appropriate, on 

25 the development of policies and plans to counter threats 


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1 associated with UAS in accordance with section 210G, in2 cluding the following: 

3 ‘‘(1) Promoting research and development of 

4 counter UAS technologies, in coordination with the 

5 Office of Science and Technology of the Department. 

6 ‘‘(2) Ensuring the dissemination of information 

7 and guidance related to countering UAS threats. 

8 ‘‘(3) Coordinate with the relevant components 

9 and offices of the Department, including the Office 

10 of Intelligence and Analysis, to ensure the sharing 

11 and retention of information, guidance, and intel12 ligence relating to countering UAS threats, counter 

13 UAS threat assessment, and counter UAS tech14 nology. 

15 ‘‘(4) Serving as the Department point of con16 tact for Federal, State, local, and Tribal law en17 forcement entities and the private sector regarding 

18 the Department’s activities related to countering 

19 UAS. 

20 ‘‘(5) Carrying out other related UAS authori21 ties and activities under such section 210G, as di22 rected by the Secretary. 

23 ‘‘(b) COORDINATION WITH APPLICABLE FEDERAL

24 LAWS.—The Coordinator shall, in addition to other as25 signed duties, coordinate with relevant Department offices 


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1 and components and other relevant Federal agencies, as 

2 appropriate, to ensure testing, evaluation, or deployment 

3 of a system used to identify, assess, or defeat a UAS is 

4 carried out in accordance with applicable Federal laws. 

5 ‘‘(c) COORDINATION WITH PRIVATE SECTOR.—The 

6 Coordinator shall, working with the Office of Partnership 

7 and Engagement and other relevant Department offices 

8 and components, or other Federal agencies, as appro9 priate, serve as the principal Department official respon10 sible for disseminating to the private sector information 

11 regarding counter UAS technology, particularly informa12 tion regarding instances in which counter UAS technology 

13 may impact lawful private sector services or systems. 

14 ‘‘(d) TERMINATION.—The authority to carry out this 

15 section terminates on the date specified in section 

16 210G(i).’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 in section 1(b) of the Homeland Security Act of 2002 is 

19 amended by inserting after the item relating to section 

20 320 the following new item: 

‘‘Sec. 321. Countering Unmanned Aircraft Systems Coordinator.’’. 

21 SEC. 106. RESPONSIBILITIES OF CHIEF FINANCIAL OFFI22 CER. 

23 (a) IN GENERAL.—Section 702 of the Homeland Se24 curity Act of 2002 (6 U.S.C. 342) is amended— 


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1 (1) by redesignating subsections (b) and (c) as 

2 subsections (c) and (d), respectively; and 

3 (2) by inserting after subsection (a) the fol4 lowing new subsection (b): 

5 ‘‘(b) RESPONSIBILITIES.—In carrying out the re6 sponsibilities, authorities, and functions specified in sec7 tion 902 of title 31, United States Code, the Chief Finan8 cial Officer shall— 

9 ‘‘(1) oversee Department budget formulation 

10 and execution; 

11 ‘‘(2) lead and provide guidance on performance12 based budgeting practices for the Department to en13 sure that the Department and its components are 

14 meeting missions and goals; 

15 ‘‘(3) lead cost-estimating practices for the De16 partment, including the development of policies on 

17 cost estimating and approval of life cycle cost esti18 mates; 

19 ‘‘(4) coordinate with the Office of Strategy, 

20 Policy, and Plans to ensure that the development of 

21 the budget for the Department is compatible with 

22 the long-term strategic plans, priorities, and policies 

23 of the Secretary; 

24 ‘‘(5) develop financial management policy for 

25 the Department and oversee the implementation of 


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1 such policy, including the establishment of effective 

2 internal controls over financial reporting systems 

3 and processes throughout the Department; 

4 ‘‘(6) provide guidance for and over financial 

5 system modernization efforts throughout the Depart6 ment; 

7 ‘‘(7) lead the efforts of the Department related 

8 to financial oversight, including identifying ways to 

9 streamline and standardize business processes; 

10 ‘‘(8) oversee the costs of acquisition programs 

11 and related activities to ensure that actual and 

12 planned costs are in accordance with budget esti13 mates and are affordable, or can be adequately fund14 ed, over the life cycle of such programs and activi15 ties; 

16 ‘‘(9) fully implement a common accounting 

17 structure to be used across the entire Department 

18 by fiscal year 2022; and 

19 ‘‘(10) track, approve, oversee, and make public 

20 information on expenditures by components of the 

21 Department for conferences, as appropriate, includ22 ing by requiring each component to— 

23 ‘‘(A) report to the Inspector General of the 

24 Department the expenditures by such compo25 nent for each conference hosted or attended by 


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1 Department employees for which the total ex2 penditures of the Department exceed $20,000, 

3 within 15 days after the date of the conference; 

4 and 

5 ‘‘(B) with respect to such expenditures, 

6 provide to the Inspector General— 

7 ‘‘(i) the information described in sub8 sections (a), (b), and (c) of section 739 of 

9 title VII of division E of the Consolidated 

10 and Further Continuing Appropriations 

11 Act, 2015 (Public Law 113–235); and 

12 ‘‘(ii) documentation of such expendi13 tures.’’. 

14 (b) RULE OF CONSTRUCTION.—Nothing in the 

15 amendment made by this section may be construed as al16 tering or amending the responsibilities, authorities, and 

17 functions of the Chief Financial Officer of the Department 

18 of Homeland Security under section 902 of title 31, 

19 United States Code. 

20 SEC. 107. CHIEF INFORMATION OFFICER. 

21 (a) IN GENERAL.—Section 703 of the Homeland Se22 curity Act of 2002 (6 U.S.C. 343) is amended— 

23 (1) in subsection (a), by adding at the end the 

24 following new sentence: ‘‘In addition to the functions 

25 under section 3506(a)(2) of title 44, United States 


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1 Code, the Chief Information Officer shall perform 

2 the functions set forth in this section and such other 

3 functions as may be assigned by the Secretary.’’; 

4 (2) by redesignating subsection (b) as sub5 section (d); and 

6 (3) by inserting after subsection (a) the fol7 lowing new subsections: 

8 ‘‘(b) RESPONSIBILITIES.—In addition to performing 

9 the functions under section 3506 of title 44, United States 

10 Code, the Chief Information Officer shall serve as the lead 

11 technical authority for information technology programs 

12 of the Department and Department components, and 

13 shall— 

14 ‘‘(1) advise and assist the Secretary, heads of 

15 the components of the Department, and other senior 

16 officers in carrying out the responsibilities of the 

17 Department for all activities relating to the budgets, 

18 programs, security, and operations of the informa19 tion technology functions of the Department; 

20 ‘‘(2) to the extent delegated by the Secretary, 

21 exercise leadership and authority over Department 

22 information technology management and establish 

23 the information technology priorities, policies, proc24 esses, standards, guidelines, and procedures of the 


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1 Department to ensure interoperability and standard2 ization of information technology; 

3 ‘‘(3) maintain a consolidated inventory of the 

4 mission critical and mission essential information 

5 systems of the Department, and develop and main6 tain contingency plans for responding to a disrup7 tion in the operation of any of those information sys8 tems; 

9 ‘‘(4) maintain the security, visibility, reliability, 

10 integrity, and availability of data and information 

11 technology of the Department; 

12 ‘‘(5) establish and implement policies and pro13 cedures to effectively monitor and manage 

14 vulnerabilities in the supply chain for purchases of 

15 information technology, in consultation with the 

16 Chief Procurement Officer of the Department; 

17 ‘‘(6) review contracts and interagency agree18 ments associated with major information technology 

19 investments and information technology investments 

20 that have had cost, schedule, or performance chal21 lenges in the past; 

22 ‘‘(7) assess the risk of all major information 

23 technology investments and publicly report the risk 

24 rating to the Office of Management and Budget; 


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1 ‘‘(8) oversee the management of the Homeland 

2 Security Enterprise Architecture technology system 

3 and ensure that, before each acquisition decision 

4 event (as such term is defined in section 839), ap5 proved information technology acquisitions comply 

6 with any departmental information technology man7 agement requirements, security protocols, and the 

8 Homeland Security Enterprise Architecture, and in 

9 any case in which information technology acquisi10 tions do not comply with the Department’s manage11 ment directives, making recommendations to the De12 partment’s Acquisition Review Board regarding such 

13 noncompliance; 

14 ‘‘(9) provide recommendations to the Acquisi15 tion Review Board regarding information technology 

16 programs, and developing information technology ac17 quisition strategic guidance; and 

18 ‘‘(10) carry out any other responsibilities dele19 gated by the Secretary consistent with an effective 

20 information system management function. 

21 ‘‘(c) STRATEGIC PLANS.—In coordination with the 

22 Chief Financial Officer, the Chief Information Officer 

23 shall develop an information technology strategic plan 

24 every five years and report to the Committee on Homeland 

25 Security and the Committee on Appropriations of the 


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1 House of Representatives and the Committee on Home2 land Security and Governmental Affairs and the Com3 mittee on Appropriations of the Senate on the extent to 

4 which— 

5 ‘‘(1) the budget of the Department aligns with 

6 priorities specified in the information technology 

7 strategic plan; 

8 ‘‘(2) the information technology strategic plan 

9 informs the budget process of the Department; 

10 ‘‘(3) information technology priorities were or 

11 were not funded and the reasons for not funding all 

12 priorities in a given fiscal year; 

13 ‘‘(4) the Department has identified and ad14 dressed skills gaps needed to implement the informa15 tion technology strategic plan; and 

16 ‘‘(5) unnecessary duplicate information tech17 nology within and across the components of the De18 partment has been eliminated.’’. 

19 (b) SOFTWARE LICENSING.— 

20 (1) SOFTWARE INVENTORY.—Not later than 

21 180 days after the date of the enactment of this Act 

22 and every two years thereafter until 2024, the Chief 

23 Information Officer of the Department of Homeland 

24 Security, in consultation with Department compo25 nent chief information officers, shall— 


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1 (A) conduct a Department-wide inventory 

2 of all existing software licenses held by the De3 partment, including utilized and unutilized li4 censes; 

5 (B) assess the needs of the Department 

6 and the components of the Department for soft7 ware licenses for the subsequent two fiscal 

8 years; 

9 (C) examine how the Department can 

10 achieve the greatest possible economies of scale 

11 and cost savings in the procurement of software 

12 licenses; 

13 (D) determine how the use of shared 

14 cloud-computing services will impact the needs 

15 for software licenses for the subsequent two fis16 cal years; 

17 (E) establish plans and estimated costs for 

18 eliminating unutilized software licenses for the 

19 subsequent two fiscal years; and 

20 (F) submit a copy of each inventory con21 ducted under subparagraph (A) to the Com22 mittee on Homeland Security of the House of 

23 Representatives and the Committee on Home24 land Security and Governmental Affairs of the 

25 Senate. 


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1 (2) PLAN TO REDUCE SOFTWARE LICENSES.— 

2 If the Chief Information Officer determines through 

3 the inventory conducted under paragraph (1) that 

4 the number of software licenses held by the Depart5 ment and the components of the Department exceed 

6 the needs of the Department, not later than 90 days 

7 after the date on which the inventory is completed, 

8 the Secretary of Homeland Security shall establish a 

9 plan for reducing the number of such software li10 censes to meet needs of the Department. 

11 (3) PROHIBITION ON PROCUREMENT OF NEW

12 SOFTWARE LICENSES.— 

13 (A) IN GENERAL.—Except as provided in 

14 subparagraph (B), upon completion of a plan 

15 under paragraph (2), no additional resources 

16 may be obligated for the procurement of new 

17 software licenses for the Department until such 

18 time as the need of the Department exceeds the 

19 number of used and unused licenses held by the 

20 Department. 

21 (B) EXCEPTION.—The Chief Information 

22 Officer may authorize the purchase of addi23 tional licenses and amend the number of needed 

24 licenses as necessary. 


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1 (c) COMPTROLLER GENERAL REVIEW.—Not later 

2 than fiscal year 2022, the Comptroller General of the 

3 United States shall review the extent to which the Chief 

4 Information Officer fulfilled all requirements established 

5 in this section and the amendment made by this section. 

6 (d) COMPLETION OF FIRST DEFINITION OF CAPA7 BILITIES.—Not later than one year after the date of the 

8 enactment of this Act, the Chief Information Officer shall 

9 complete the first information technology strategic plan 

10 required under subsection (c) of section 701 of the Home11 land Security Act of 2002, as added by subsection (a) of 

12 this section. 

13 SEC. 108. QUADRENNIAL HOMELAND SECURITY REVIEW. 

14 (a) IN GENERAL.—Section 707 of the Homeland Se15 curity Act of 2002 (6 U.S.C. 347) is amended— 

16 (1) in subsection (a)(3)— 

17 (A) in subparagraph (B), by striking 

18 ‘‘and’’ at the end; 

19 (B) by redesignating subparagraph (C) as 

20 subparagraph (D); and 

21 (C) by inserting after subparagraph (B) 

22 the following new subparagraph (C): 

23 ‘‘(C) representatives from appropriate ad24 visory committees established pursuant to sec25 tion 871, including the Homeland Security AdVerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H8309.IH H8309

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1 visory Council and the Homeland Security 

2 Science and Technology Advisory Committee, or 

3 otherwise established, including the Aviation 

4 Security Advisory Committee established pursu5 ant to section 44946 of title 49, United States 

6 Code; and’’; 

7 (2) in subsection (b)— 

8 (A) in paragraph (2), by inserting before 

9 the semicolon at the end the following: ‘‘based 

10 on the risk assessment required pursuant to 

11 subsection (c)(2)(B)’’; 

12 (B) in paragraph (3)— 

13 (i) by inserting ‘‘, to the extent prac14 ticable,’’ after ‘‘describe’’; and 

15 (ii) by striking ‘‘budget plan’’ and in16 serting ‘‘resources required’’; 

17 (C) in paragraph (4)— 

18 (i) by inserting ‘‘, to the extent prac19 ticable,’’ after ‘‘identify’’; 

20 (ii) by striking ‘‘budget plan required 

21 to provide sufficient resources to success22 fully’’ and inserting ‘‘resources required 

23 to’’; and 

24 (iii) by striking the semicolon at the 

25 end and inserting ‘‘, including any reVerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H8309.IH H8309

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1 sources identified from redundant, waste2 ful, or unnecessary capabilities and capac3 ities that can be redirected to better sup4 port other existing capabilities and capac5 ities, as the case may be; and’’; 

6 (D) in paragraph (5), by striking ‘‘; and’’ 

7 and inserting a period; and 

8 (E) by striking paragraph (6); 

9 (3) in subsection (c)— 

10 (A) in paragraph (1), by striking ‘‘Decem11 ber 31 of the year’’ and inserting ‘‘60 days 

12 after the date of the submittal of the Presi13 dent’s budget for the fiscal year after the fiscal 

14 year’’; and 

15 (B) in paragraph (2)— 

16 (i) in subparagraph (B), by striking 

17 ‘‘description of the threats to’’ and insert18 ing ‘‘risk assessment of’’; 

19 (ii) in subparagraph (C), by inserting 

20 ‘‘, as required under subsection (b)(2)’’ be21 fore the semicolon at the end; 

22 (iii) in subparagraph (D)— 

23 (I) by inserting ‘‘to the extent 

24 practicable,’’ before ‘‘a description’’; 

25 and 


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1 (II) by striking ‘‘budget plan’’ 

2 and inserting ‘‘resources required’’; 

3 (iv) in subparagraph (F)— 

4 (I) by inserting ‘‘to the extent 

5 practicable,’’ before ‘‘a discussion’’; 

6 and 

7 (II) by striking ‘‘the status of’’; 

8 (v) in subparagraph (G)— 

9 (I) by inserting ‘‘to the extent 

10 practicable,’’ before ‘‘a discussion’’; 

11 (II) by striking ‘‘the status of’’; 

12 (III) by inserting ‘‘and risks’’ be13 fore ‘‘to national homeland’’; and 

14 (IV) by inserting ‘‘and’’ after the 

15 semicolon at the end; 

16 (vi) by striking subparagraph (H); 

17 and 

18 (vii) by redesignating subparagraph 

19 (I) as subparagraph (H); 

20 (4) by redesignating subsection (d) as sub21 section (e); and 

22 (5) by inserting after subsection (c) the fol23 lowing new subsection: 

24 ‘‘(d) REVIEW.—Not later than 90 days after the sub25 mission of each report required under subsection (c)(1), 


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1 the Secretary shall provide to the Committee on Homeland 

2 Security of the House of Representatives and the Com3 mittee on Homeland Security and Governmental Affairs 

4 of the Senate information on the degree to which the find5 ings and recommendations developed in the quadrennial 

6 homeland security review covered by the report were inte7 grated into the acquisition strategy and expenditure plans 

8 for the Department.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply with respect to a quadrennial 

11 homeland security review conducted after December 31, 

12 2020. 

13 SEC. 109. OFFICE OF STRATEGY, POLICY, AND PLANS. 

14 (a) IN GENERAL.—Section 709 of the Homeland Se15 curity Act of 2002 (6 U.S.C. 349) is amended— 

16 (1) in subsection (a), by adding at the end he 

17 following: ‘‘The Office of Strategy, Policy, and Plans 

18 shall include the following components: 

19 ‘‘(1) The Office of International Affairs. 

20 ‘‘(2) The Office of Cyber Policy. 

21 ‘‘(3) The Office of Strategy, Planning, Analysis, 

22 and Risk. 

23 ‘‘(4) The Office of Threat Prevention and Secu24 rity Policy. 


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1 ‘‘(5) The Office of Border, Immigration, and 

2 Trade Policy.’’; 

3 (2) by redesignating subsections (e) through (g) 

4 as subsections (f) through (h), respectively; and 

5 (3) by inserting after subsection (d) the fol6 lowing new subsection: 

7 ‘‘(e) ASSISTANT SECRETARY FOR INTERNATIONAL

8 AFFAIRS.—The Office of International Affairs shall be led 

9 by an Assistant Secretary for International Affairs ap10 pointed by the Secretary. The Assistant Secretary shall— 

11 ‘‘(1) coordinate international activities within 

12 the Department, including activities carried out by 

13 the components of the Department, in consultation 

14 with other Federal officials with responsibility for 

15 counterterrorism and homeland security matters; 

16 ‘‘(2) advise, inform, and assist the Secretary 

17 with respect to the development and implementation 

18 of the policy priorities of the Department, including 

19 strategic priorities for the deployment of assets, in20 cluding personnel, outside the United States; 

21 ‘‘(3) develop, in consultation with the Under 

22 Secretary for Management, guidance for selecting, 

23 assigning, training, and monitoring overseas deploy24 ments of Department personnel, including minimum 

25 standards for pre-deployment training; 


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1 ‘‘(4) maintain awareness regarding the inter2 national travel of senior officers of the Department 

3 and their intent to pursue negotiations with foreign 

4 government officials, and review resulting draft 

5 agreements; and 

6 ‘‘(5) perform such other functions as are estab7 lished by law or delegated by the Under Secretary 

8 for Policy.’’. 

9 (b) ABOLISHMENT OF OFFICE OF INTERNATIONAL

10 AFFAIRS.— 

11 (1) IN GENERAL.—The Office of International 

12 Affairs within the Office of the Secretary of Home13 land Security is abolished. 

14 (2) TRANSFER OF ASSETS AND PERSONNEL.— 

15 The functions authorized to be performed by such 

16 office as of the day before the date of the enactment 

17 of this Act, and the assets and personnel associated 

18 with such functions, are transferred to the head of 

19 the Office of International Affairs provided for by 

20 section 709 of the Homeland Security Act of 2002, 

21 as amended by this section. 

22 (3) CONFORMING AMENDMENT.—The Home23 land Security Act of 2002 is amended by striking 

24 section 879 (6 U.S.C. 459). 


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1 (4) CLERICAL AMENDMENT.—The table of con2 tents in section 1(b) of such Act is amended by 

3 striking the item relating to section 879. 

4 (c) CONFORMING AMENDMENTS RELATING TO AS5 SISTANT SECRETARIES.—Subsection (a) of section 103 of 

6 the Homeland Security Act of 2002 (6 U.S.C. 113) is 

7 amended— 

8 (1) in the subsection heading, by inserting ‘‘; 

9 Assistant Secretaries and Other Officers’’ after 

10 ‘‘Under Secretaries’’; 

11 (2) in paragraph (1), by amending subpara12 graph (I) to read as follows: 

13 ‘‘(I) An Administrator of the Transpor14 tation Security Administration.’’; 

15 (3) by amending paragraph (2) to read as fol16 lows: 

17 ‘‘(2) ASSISTANT SECRETARIES.—The following 

18 Assistant Secretaries shall be appointed by the 

19 President or the Secretary, as the case may be, with20 out the advice and consent of the Senate: 

21 ‘‘(A) PRESIDENTIAL APPOINTMENTS.—The 

22 Department shall have the following officials 

23 appointed by the President: 


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1 ‘‘(i) The Assistant Secretary for the 

2 Countering Weapons of Mass Destruction 

3 Office. 

4 ‘‘(ii) The Assistant Secretary for Pub5 lic Affairs. 

6 ‘‘(iii) The Assistant Secretary for 

7 Legislative Affairs. 

8 ‘‘(iv) The Chief Medical Officer. 

9 ‘‘(B) SECRETARIAL APPOINTMENTS.—The 

10 Department shall have the following Assistant 

11 Secretaries appointed by the Secretary: 

12 ‘‘(i) The Principal Assistant Secretary 

13 for External Affairs. 

14 ‘‘(ii) The Assistant Secretary, Office 

15 of Cybersecurity and Communications. 

16 ‘‘(iii) The Assistant Secretary for 

17 International Affairs. 

18 ‘‘(iv) The Assistant Secretary for 

19 Partnership and Engagement. 

20 ‘‘(v) The Assistant Secretary for 

21 Threat Prevention and Security Policy. 

22 ‘‘(vi) The Assistant Secretary for Bor23 der, Immigration, and Trade Policy. 


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1 ‘‘(vii) The Assistant Secretary for 

2 Cyber, Infrastructure, and Resilience Pol3 icy. 

4 ‘‘(viii) The Assistant Secretary for 

5 Strategy, Planning, Analysis, and Risk. 

6 ‘‘(ix) The Assistant Secretary for 

7 State and Local Law Enforcement.’’; and 

8 (4) by adding at the end the following new 

9 paragraph: 

10 ‘‘(3) ASSISTANT SECRETARY FOR LEGISLATIVE

11 AFFAIRS.—The Assistant Secretary for Legislative 

12 Affairs shall oversee one internal reporting structure 

13 for engaging with authorizing and appropriating 

14 congressional committees.’’. 

15 (d) HOMELAND SECURITY ADVISORY COUNCIL.— 

16 Subsection (b) of section 102 of the Homeland Security 

17 Act of 2002 (6 U.S.C. 112) is amended— 

18 (1) in paragraph (2), by striking ‘‘and’’ at the 

19 end; 

20 (2) in paragraph (3), by striking the period at 

21 the end and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following new 

23 paragraph: 

24 ‘‘(4) shall establish a Homeland Security Advi25 sory Council to provide advice and recommendations 


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1 on homeland security-related matters, including ad2 vice with respect to the preparation of the Quadren3 nial Homeland Security Review.’’. 

4 (e) DEFINITIONS.—In this section each of the terms 

5 ‘‘functions’’, ‘‘assets’’, and ‘‘personnel’’ has the meaning 

6 given each such term under section 2 of the Homeland 

7 Security Act of 2002 (6 U.S.C. 101). 

8 (f) DUPLICATION REVIEW.— 

9 (1) REVIEW REQUIRED.—Not later than one 

10 year after the date of the enactment of this Act, the 

11 Secretary of Homeland Security shall complete a re12 view of the functions and responsibilities of each De13 partment of Homeland Security component respon14 sible for international affairs to identify and elimi15 nate areas of unnecessary duplication. 

16 (2) SUBMISSION TO CONGRESS.—Not later than 

17 60 days after the completion of the review required 

18 under paragraph (1), the Secretary shall provide the 

19 results of the review to the Committee on Homeland 

20 Security of the House of Representatives and the 

21 Committee on Homeland Security and Governmental 

22 Affairs of the Senate. 

23 (3) ACTION PLAN.—Not later than one year 

24 after the date of the enactment of this Act, the Sec25 retary shall submit to the congressional homeland 


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1 security committees an action plan, including correc2 tive steps and an estimated date of completion, to 

3 address areas of duplication, fragmentation, and 

4 overlap and opportunities for cost savings and rev5 enue enhancement, as identified by the Government 

6 Accountability Office based on the annual report of 

7 the Government Accountability Office entitled ‘‘Ad8 ditional Opportunities to Reduce Fragmentation, 

9 Overlap, and Duplication and Achieve Other Finan10 cial Benefits’’. 

11 SEC. 110. CHIEF PROCUREMENT OFFICER. 

12 (a) IN GENERAL.—Title VII of the Homeland Secu13 rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 

14 adding at the end the following new section: 

15 ‘‘SEC. 711. CHIEF PROCUREMENT OFFICER. 

16 ‘‘(a) IN GENERAL.—There is in the Department a 

17 Chief Procurement Officer, who shall serve as a senior 

18 business advisor to agency officials on procurement-re19 lated matters and report directly to the Under Secretary 

20 for Management. The Chief Procurement Officer is the 

21 senior procurement executive for purposes of subsection 

22 (c) of section 1702 of title 41, United States Code, and 

23 shall perform procurement functions as specified in such 

24 subsection. 


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1 ‘‘(b) RESPONSIBILITIES.—The Chief Procurement 

2 Officer shall— 

3 ‘‘(1) delegate or retain contracting authority, as 

4 appropriate; 

5 ‘‘(2) issue procurement policies and oversee the 

6 heads of contracting activity of the Department to 

7 ensure compliance with those policies; 

8 ‘‘(3) serve as the main liaison of the Depart9 ment to industry on procurement-related issues; 

10 ‘‘(4) account for the integrity, performance, and 

11 oversight of Department procurement and con12 tracting functions; 

13 ‘‘(5) ensure that procurement contracting strat14 egies and plans are consistent with the intent and 

15 direction of the Acquisition Review Board; 

16 ‘‘(6) oversee a centralized acquisition workforce 

17 certification and training program using, as appro18 priate, existing best practices and acquisition train19 ing opportunities from the Federal Government, pri20 vate sector, or universities and colleges to include 

21 training on how best to identify actions that warrant 

22 referrals for suspension or debarment; 

23 ‘‘(7) provide input on the periodic performance 

24 reviews of each head of contracting activity of the 

25 Department; 


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1 ‘‘(8) collect baseline data and use such data to 

2 establish performance measures on the impact of 

3 strategic sourcing initiatives on the private sector, 

4 including small businesses; 

5 ‘‘(9) establish and implement policies and pro6 cedures to effectively monitor and manage 

7 vulnerabilities in the supply chain for all Depart8 ment purchases; 

9 ‘‘(10) ensure that a fair proportion of the value 

10 of Federal contracts and subcontracts are awarded 

11 to small businesses (in accordance with the procure12 ment contract goals under section 15(g) of the Small 

13 Business Act (15 U.S.C. 644(g))), maximize oppor14 tunities for small business participation in such con15 tracts, and ensure, to the extent practicable, small 

16 businesses that achieve qualified vendor status for 

17 security-related technologies are provided an oppor18 tunity to compete for contracts for such technology; 

19 ‘‘(11) conduct oversight of implementation of 

20 administrative agreements to resolve suspension or 

21 debarment proceedings; and 

22 ‘‘(12) carry out any other procurement duties 

23 that the Under Secretary for Management may des24 ignate. 


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1 ‘‘(c) HEAD OF CONTRACTING ACTIVITY DEFINED.— 

2 In this section the term ‘head of contracting activity’ 

3 means an official responsible for the creation, manage4 ment, and oversight of a team of procurement profes5 sionals properly trained, certified, and warranted to ac6 complish the acquisition of products and services on behalf 

7 of the designated components, offices, and organizations 

8 of the Department, and as authorized, other government 

9 entities.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 in section 1(b) of the Homeland Security Act of 2002, is 

12 amended by inserting after the item relating to section 

13 710 the following new item: 

‘‘Sec. 711. Chief Procurement Officer.’’. 

14 SEC. 111. CHIEF SECURITY OFFICER. 

15 (a) IN GENERAL.—Title VII of the Homeland Secu16 rity Act of 2002 (6 U.S.C. 341 et seq.), as amended by 

17 this title, is further amended by adding at the end the 

18 following new section: 

19 ‘‘SEC. 712. CHIEF SECURITY OFFICER. 

20 ‘‘(a) IN GENERAL.—There is in the Department a 

21 Chief Security Officer, who shall report directly to the 

22 Under Secretary for Management. 

23 ‘‘(b) RESPONSIBILITIES.—The Chief Security Officer 

24 shall— 


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1 ‘‘(1) develop and implement the security poli2 cies, programs, and standards of the Department; 

3 ‘‘(2) identify training and provide education to 

4 Department personnel on security-related matters; 

5 and 

6 ‘‘(3) provide support to Department compo7 nents on security-related matters.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 in section 1(b) of such Act is further amended by inserting 

10 after the item relating to section 711, as added by this 

11 title, the following new item: 

‘‘Sec. 712. Chief Security Officer.’’. 

12 SEC. 112. OFFICE OF PARTNERSHIP AND ENGAGEMENT. 

13 (a) IN GENERAL.—Section 801 of the Homeland Se14 curity Act of 2002 (6 U.S.C. 361) is amended to read 

15 as follows: 

16 ‘‘SEC. 801. OFFICE OF PARTNERSHIP AND ENGAGEMENT. 

17 ‘‘(a) ESTABLISHMENT.—There is established within 

18 the Office of the Secretary an Office of Partnership and 

19 Engagement, which shall be led by an Assistant Secretary. 

20 ‘‘(b) RESPONSIBILITIES.—The Assistant Secretary 

21 shall— 

22 ‘‘(1) lead the efforts of the Department to in23 corporate external feedback from stakeholders into 

24 policy and strategic planning efforts, as appropriate, 


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1 in consultation with the Office for Civil Rights and 

2 Civil Liberties; 

3 ‘‘(2) oversee and support the activities con4 ducted under section 2006(b); 

5 ‘‘(3) advise the Secretary on the effects of the 

6 policies, regulations, processes, and actions of the 

7 Department on the private sector and create and 

8 foster strategic communications with the private sec9 tor to enhance the primary mission of the Depart10 ment to protect the homeland; 

11 ‘‘(4) coordinate the activities of the Department 

12 relating to State and local governments; 

13 ‘‘(5) provide State and local governments with 

14 regular information, research, and technical support 

15 to assist State and local efforts at securing the 

16 homeland; and 

17 ‘‘(6) perform such other functions as are estab18 lished by law or delegated by the Secretary.’’. 

19 (b) OFFICE FOR STATE AND LOCAL LAW ENFORCE20 MENT.—Paragraph (1) of section 2006(b) of the Home21 land Security Act of 2002 (6 U.S.C. 607(b)) is amended 

22 by striking ‘‘Policy Directorate’’ and inserting ‘‘Office of 

23 Partnership and Engagement’’. 

24 (c) ABOLISHMENT OF OFFICE FOR STATE AND

25 LOCAL GOVERNMENT COORDINATION.— 


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1 (1) IN GENERAL.—The Office for State and 

2 Local Government Coordination of the Department 

3 of Homeland Security is abolished. 

4 (2) TRANSFER OF FUNCTIONS AND ASSETS.— 

5 The functions authorized to be performed by such 

6 office as of the day before the date of the enactment 

7 of this Act, and the assets and personnel associated 

8 with such functions, are transferred to the head of 

9 the Office of Partnership and Engagement under 

10 section 801 of the Homeland Security Act of 2002, 

11 as amended by this section. 

12 (d) ABOLISHMENT OF SPECIAL ASSISTANT TO SEC13 RETARY OF HOMELAND SECURITY.— 

14 (1) IN GENERAL.—The position of Special As15 sistant to the Secretary of Homeland Security au16 thorized under section 102(f) of the Homeland Secu17 rity Act of 2002 (6 U.S.C. 112(f)), as in effect on 

18 the day before the date of the enactment of this Act, 

19 is abolished. 

20 (2) TRANSFER OF FUNCTIONS AND ASSETS.— 

21 The functions authorized to be performed by such 

22 Special Assistant to the Secretary as of the day be23 fore such date of enactment, and the assets and per24 sonnel associated with such functions, are trans25 ferred to the head of the Office of Partnership and 


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1 Engagement under section 801 of the Homeland Se2 curity Act of 2002, as amended by this section. 

3 (3) CONFORMING AMENDMENT.—Section 102 

4 of the Homeland Security Act of 2002 (6 U.S.C. 

5 112) is amended by— 

6 (A) striking subsection (f); and 

7 (B) redesignating subsection (g) as sub8 section (f). 

9 (e) CLERICAL AMENDMENT.—The table of contents 

10 in section 1(b) of such Act is amended by amending the 

11 item relating to section 801 to read as follows: 

‘‘Sec. 801. Office of Partnership and Engagement.’’. 

12 SEC. 113. DEPARTMENT OF HOMELAND SECURITY ROTA13 TION PROGRAM. 

14 (a) ENHANCEMENTS TO THE ROTATION PROGRAM.— 

15 Section 844 of the Homeland Security Act of 2002 (6) 

16 U.S.C. 414) is amended— 

17 (1) by striking ‘‘(a) ESTABLISHMENT—.’’; 

18 (2) by redesignating paragraphs (1) through 

19 (5) as subsections (a) through (e), respectively, and 

20 adjusting the margins accordingly; 

21 (3) in subsection (a), as so redesignated— 

22 (A) by striking ‘‘Not later than 180 days 

23 after the date of enactment of this section, the’’ 

24 and inserting ‘‘The’’; and 


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1 (B) by striking ‘‘for employees of the De2 partment’’ and inserting ‘‘for certain personnel 

3 within the Department’’; 

4 (4) in subsection (b), as so redesignated— 

5 (A) by redesignating subparagraphs (A) 

6 through (G) as paragraphs (3) through (9), re7 spectively, and adjusting the margins accord8 ingly; 

9 (B) by inserting before paragraph (3), as 

10 so redesignated, the following new paragraphs: 

11 ‘‘(1) seek to foster greater departmental inte12 gration and unity of effort; 

13 ‘‘(2) seek to help enhance the knowledge, skills, 

14 and abilities of participating personnel with respect 

15 to the programs, policies, and activities of the De16 partment;’’; 

17 (C) in paragraph (4), as so redesignated, 

18 by striking ‘‘middle and senior level’’; and 

19 (D) in paragraph (7), as so redesignated, 

20 by inserting before ‘‘invigorate’’ the following: 

21 ‘‘seek to improve morale and retention through22 out the Department and’’; 

23 (5) in subsection (c), as redesignated by para24 graph (2)— 


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1 (A) by redesignating subparagraphs (A) 

2 and (B) as paragraphs (1) and (2), respectively, 

3 and adjusting the margins accordingly; and 

4 (B) in paragraph (2), as so redesignated— 

5 (i) by striking clause (iii); and 

6 (ii) by redesignating clauses (i), (ii), 

7 and (iv) through (viii) as subparagraphs 

8 (A) through (G), respectively, and adjust9 ing the margins accordingly; 

10 (6) by redesignating subsections (d) and (e), as 

11 redesignated by paragraph (2), as subsections (e) 

12 and (f), respectively; 

13 (7) by inserting after subsection (c) the fol14 lowing new subsection: 

15 ‘‘(d) ADMINISTRATIVE MATTERS.—In carrying out 

16 the Rotation Program the Secretary shall— 

17 ‘‘(1) before selecting employees for participation 

18 in the Rotation Program, disseminate information 

19 broadly within the Department about the availability 

20 of the Rotation Program, qualifications for partici21 pation in the Rotation Program, including full-time 

22 employment within the employing component or of23 fice not less than one year, and the general provi24 sions of the Rotation Program; 


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1 ‘‘(2) require as a condition of participation in 

2 the Rotation Program that an employee— 

3 ‘‘(A) is nominated by the head of the com4 ponent or office employing the employee; and 

5 ‘‘(B) is selected by the Secretary, or the 

6 Secretary’s designee, solely on the basis of rel7 ative ability, knowledge, and skills, after fair 

8 and open competition that assures that all can9 didates receive equal opportunity; 

10 ‘‘(3) ensure that each employee participating in 

11 the Rotation Program shall be entitled to return, 

12 within a reasonable period of time after the end of 

13 the period of participation, to the position held by 

14 the employee, or a corresponding or higher position, 

15 in the component or office that employed the em16 ployee prior to the participation of the employee in 

17 the Rotation Program; 

18 ‘‘(4) require that the rights that would be avail19 able to the employee if the employee were detailed 

20 from the employing component or office to another 

21 Federal agency or office remain available to the em22 ployee during the employee participation in the Ro23 tation Program; and 


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1 ‘‘(5) require that, during the period of partici2 pation by an employee in the Rotation Program, per3 formance evaluations for the employee— 

4 ‘‘(A) shall be conducted by officials in the 

5 office or component employing the employee 

6 with input from the supervisors of the employee 

7 at the component or office in which the em8 ployee is placed during that period; and 

9 ‘‘(B) shall be provided the same weight 

10 with respect to promotions and other rewards 

11 as performance evaluations for service in the of12 fice or component employing the employee.’’; 

13 and 

14 (8) by adding at the end the following new sub15 section: 

16 ‘‘(g) INTELLIGENCE ROTATIONAL ASSIGNMENT PRO17 GRAM.— 

18 ‘‘(1) ESTABLISHMENT.—The Secretary shall es19 tablish an Intelligence Rotational Assignment Pro20 gram as part of the Rotation Program under sub21 section (a). 

22 ‘‘(2) ADMINISTRATION.—The Chief Human 

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1 tational Assignment Program established pursuant 

2 to paragraph (1). 

3 ‘‘(3) ELIGIBILITY.—The Intelligence Rotational 

4 Assignment Program established pursuant to para5 graph (1) shall be open to employees serving in ex6 isting analyst positions within the Department’s In7 telligence Enterprise and other Department employ8 ees as determined appropriate by the Chief Human 

9 Capital Officer and the Chief Intelligence Officer. 

10 ‘‘(4) COORDINATION.—The responsibilities 

11 specified in subsection (c)(2) that apply to the Rota12 tion Program under such subsection shall, as appli13 cable, also apply to the Intelligence Rotational As14 signment Program under this subsection.’’. 

15 (b) CONGRESSIONAL NOTIFICATION AND OVER16 SIGHT.—Not later than 120 days after the date of the en17 actment of this Act, the Secretary of Homeland Security 

18 shall provide to the Committee on Homeland Security and 

19 the Permanent Select Committee on Intelligence of the 

20 House of Representatives and the Committee on Home21 land Security and Governmental Affairs of the Senate in22 formation about the status of the Homeland Security Ro23 tation Program authorized by section 844 of the Home24 land Security Act of 2002, as amended by subsection (a) 

25 of this section. 


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1 SEC. 114. ANNUAL SUBMISSION TO CONGRESS OF INFOR2 MATION REGARDING REPROGRAMMING OR 

3 TRANSFER OF DEPARTMENT OF HOMELAND 

4 SECURITY RESOURCES TO RESPOND TO 

5 OPERATIONAL SURGES. 

6 (a) IN GENERAL.—Title VII of the Homeland Secu7 rity Act of 2002, as amended by this title, is further 

8 amended by adding at the end the following new section: 

9 ‘‘SEC. 713. ANNUAL SUBMISSION TO CONGRESS OF INFOR10 MATION ON REPROGRAMMING OR TRANS11 FERS OF FUNDS TO RESPOND TO OPER12 ATIONAL SURGES. 

13 ‘‘For each fiscal year until fiscal year 2023, the Sec14 retary of Homeland Security shall provide to the Com15 mittee on Homeland Security of the House of Representa16 tives and the Committee on Homeland Security and Gov17 ernmental Affairs of the Senate, together with the annual 

18 budget request for the Department, information on— 

19 ‘‘(1) any circumstance during the year covered 

20 by the report in which the Secretary exercised the 

21 authority to reprogram or transfer funds to address 

22 unforeseen costs, including costs associated with 

23 operational surges; and 

24 ‘‘(2) any circumstance in which any limitation 

25 on the transfer or reprogramming of funds affected 


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1 the ability of the Secretary to address such unfore2 seen costs.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 in section 1(b) of such Act is further amended by inserting 

5 after the item relating to section 712, as added by this 

6 title, the following new item: 

‘‘Sec. 713. Annual submission to Congress of information on reprogramming or 

transfers of funds to respond to operational surges.’’. 

7 SEC. 115. OVERSEAS PERSONNEL BRIEFING. 

8 (a) BRIEFING REQUIRED.— 

9 (1) IN GENERAL.—Not later than 90 days after 

10 the date of the enactment of this Act and every 180 

11 days thereafter, the Secretary of Homeland Security 

12 shall provide to the Committee on Homeland Secu13 rity of the House of Representatives and the Com14 mittee on Homeland Security and Governmental Af15 fairs of the Senate a briefing regarding Department 

16 of Homeland Security personnel with primary duties 

17 that take place outside of the United States. 

18 (2) REQUIREMENTS.—The briefings required 

19 under paragraph (1) shall include the following: 

20 (A) A detailed summary of, and deploy21 ment schedule for, each type of personnel posi22 tion with primary duties that take place outside 

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1 tion contributes to the Department of Home2 land Security’s counterterrorism mission. 

3 (B) Information related to how the geo4 graphic and regional placement of such posi5 tions contributes to the Department’s counter6 terrorism mission. 

7 (C) Information related to any risk mitiga8 tion plans for each geographic and regional 

9 placement, including to address counter-intel10 ligence risks. 

11 (D) Information regarding the costs of de12 ploying or maintaining personnel at each geo13 graphic and regional placement, including infor14 mation on any cost-sharing agreement with for15 eign partners to cover a portion or all the costs 

16 relating to such deployment or maintenance. 

17 (E) Maintain and enhance practices to 

18 guard against counter-espionage and counter19 intelligence threats, including cyber threats, as20 sociated with Department personnel. 

21 (F) Information regarding trends in for22 eign efforts to influence such personnel while 

23 deployed overseas to contribute to the Depart24 ment’s counterterrorism mission. 


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1 (G) Information related to the position2 specific training received by such personnel be3 fore and during placement at a foreign location. 

4 (H) Challenges that may impede the com5 munication of counterterrorism information be6 tween Department personnel at foreign loca7 tions and Department entities in the United 

8 States, including technical, resource, and ad9 ministrative challenges. 

10 (I) The status of efforts to implement the 

11 strategy referred to in paragraph (1). 

12 (J) The status of efforts (beginning with 

13 the second briefing required under this sub14 section) to implement the enhancement plan 

15 under subsection (b). 

16 (3) TERMINATION.—The briefing requirement 

17 under paragraph (1) shall terminate on the date 

18 that is 4 years after the submission of the strategy 

19 referred to in such paragraph. 

20 (b) OVERSEAS PERSONNEL ENHANCEMENT PLAN.— 

21 (1) IN GENERAL.—Not later than 90 days after 

22 the first briefing required under subsection (a), the 

23 Secretary shall submit to the Committee on Home24 land Security of the House of Representatives and 

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1 mental Affairs of the Senate a plan to enhance the 

2 effectiveness of Department of Homeland Security 

3 personnel at foreign locations. 

4 (2) PLAN REQUIREMENTS.—The plan required 

5 under paragraph (1) shall include proposals to— 

6 (A) improve efforts of Department of 

7 Homeland Security personnel at foreign loca8 tions, as necessary, for purposes of providing 

9 foreign partner capacity development and fur10 thering the Department’s counterterrorism mis11 sion; 

12 (B) as appropriate, redeploy Department 

13 personnel to respond to changing threats to the 

14 United States; 

15 (C) enhance collaboration among Depart16 ment personnel at foreign locations, other Fed17 eral personnel at foreign locations, and foreign 

18 partners; 

19 (D) improve the communication of counter20 terrorism information between Department per21 sonnel at foreign locations and Department en22 tities in the United States, including to address 

23 technical, resource, and administrative chal24 lenges; and 


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1 (E) maintain practices to guard against 

2 counter-espionage threats associated with De3 partment personnel. 

4 Subtitle B—Acquisition Reform 

5 SEC. 121. ACQUISITION REVIEW BOARD. 

6 (a) IN GENERAL.—Subtitle D of title VIII of the 

7 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 

8 is amended by adding at the end the following new section: 

9 ‘‘SEC. 836. ACQUISITION REVIEW BOARD. 

10 ‘‘(a) IN GENERAL.—The Secretary shall establish an 

11 Acquisition Review Board (in this section referred to as 

12 the ‘Board’) to— 

13 ‘‘(1) strengthen accountability and uniformity 

14 within the Department acquisition review process; 

15 ‘‘(2) review major acquisition programs; and 

16 ‘‘(3) review the use of best practices. 

17 ‘‘(b) COMPOSITION.— 

18 ‘‘(1) CHAIR.—The Under Secretary for Man19 agement shall serve as chair of the Board. 

20 ‘‘(2) PARTICIPATION.—The Secretary shall en21 sure participation by other relevant Department offi22 cials with responsibilities related to acquisitions as 

23 permanent members of the Board. 

24 ‘‘(3) OVERSIGHT.—The Under Secretary for 

25 Management shall designate a full-time employee of 


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1 the Department to oversee the operations of the 

2 Board. 

3 ‘‘(c) MEETINGS.—The Board shall meet regularly for 

4 purposes of ensuring all acquisitions processes proceed in 

5 a timely fashion to achieve mission readiness. The Board 

6 shall convene at the Secretary’s discretion and at any 

7 time— 

8 ‘‘(1) a major acquisition program— 

9 ‘‘(A) requires authorization to proceed 

10 from one acquisition decision event to another 

11 throughout the acquisition life cycle; 

12 ‘‘(B) is in breach of its approved require13 ments; or 

14 ‘‘(C) requires additional review, as deter15 mined by the Under Secretary for Management; 

16 or 

17 ‘‘(2) a non-major acquisition program requires 

18 review, as determined by the Under Secretary for 

19 Management. 

20 ‘‘(d) RESPONSIBILITIES.—The responsibilities of the 

21 Board are as follows: 

22 ‘‘(1) Determine whether a proposed acquisition 

23 has met the requirements of key phases of the acqui24 sition life cycle framework and is able to proceed to 


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1 the next phase and eventual full production and de2 ployment. 

3 ‘‘(2) Oversee whether a proposed acquisition’s 

4 business strategy, resources, management, and ac5 countability is executable and is aligned to strategic 

6 initiatives. 

7 ‘‘(3) Support the person with acquisition deci8 sion authority for an acquisition in determining the 

9 appropriate direction for such acquisition at key ac10 quisition decision events. 

11 ‘‘(4) Conduct systematic reviews of acquisitions 

12 to ensure that such acquisitions are progressing in 

13 compliance with the approved documents for their 

14 current acquisition phases. 

15 ‘‘(5) Review the acquisition documents of each 

16 major acquisition program, including the acquisition 

17 program baseline and documentation reflecting con18 sideration of tradeoffs among cost, schedule, and 

19 performance objectives, to ensure the reliability of 

20 underlying data. 

21 ‘‘(6) Ensure that practices are adopted and im22 plemented to require consideration of trade-offs 

23 among cost, schedule, and performance objectives as 

24 part of the process for developing requirements for 

25 major acquisition programs prior to the initiation of 


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1 the second acquisition decision event, including, at a 

2 minimum, the following practices: 

3 ‘‘(A) Department officials responsible for 

4 acquisition, budget, and cost estimating func5 tions are provided with the appropriate oppor6 tunity to develop estimates and raise cost and 

7 schedule matters before performance objectives 

8 are established for capabilities when feasible. 

9 ‘‘(B) Full consideration is given to possible 

10 trade-offs among cost, schedule, and perform11 ance objectives for each alternative. 

12 ‘‘(e) ACQUISITION PROGRAM BASELINE REPORT RE13 QUIREMENT.—If the person exercising acquisition decision 

14 authority over a major acquisition program approves such 

15 program to proceed into the planning phase before such 

16 program has a Department-approved acquisition program 

17 baseline, the Under Secretary for Management shall cre18 ate and approve an acquisition program baseline report 

19 regarding such approval, and the Secretary shall— 

20 ‘‘(1) within 7 days after an acquisition decision 

21 memorandum is signed, notify in writing the Com22 mittee on Homeland Security of the House of Rep23 resentatives and the Committee on Homeland Secu24 rity and Governmental Affairs of the Senate of such 

25 decision; and 


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1 ‘‘(2) within 60 days after the acquisition deci2 sion memorandum is signed, submit to such commit3 tees a written explanation of the rationale for such 

4 decision and a plan of action to address acquisition 

5 program baseline requirements for such program. 

6 ‘‘(f) REPORT.—The Under Secretary for Manage7 ment shall provide information to the Committee on 

8 Homeland Security of the House of Representatives and 

9 the Committee on Homeland Security and Governmental 

10 Affairs of the Senate on an annual basis through fiscal 

11 year 2024 on the activities of the Board for the prior fiscal 

12 year that includes information relating to the following: 

13 ‘‘(1) For each meeting of the Board, any acqui14 sition decision memoranda. 

15 ‘‘(2) Results of the systematic reviews con16 ducted pursuant to paragraph (4) of subsection (d). 

17 ‘‘(3) Results of acquisition document reviews re18 quired pursuant to paragraph (5) of subsection (d). 

19 ‘‘(4) Activities to ensure that practices are 

20 adopted and implemented throughout the Depart21 ment pursuant to paragraph (6) of subsection (d). 

22 ‘‘(g) DEFINITIONS.—In this section: 

23 ‘‘(1) ACQUISITION.—The term ‘acquisition’ has 

24 the meaning given such term in section 131 of title 

25 41, United States Code. 


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1 ‘‘(2) ACQUISITION DECISION AUTHORITY.—The 

2 term ‘acquisition decision authority’ means the au3 thority, held by the Secretary acting through the 

4 Deputy Secretary or Under Secretary for Manage5 ment to— 

6 ‘‘(A) ensure compliance with Federal law, 

7 the Federal Acquisition Regulation, and De8 partment acquisition management directives; 

9 ‘‘(B) review (including approving, pausing, 

10 modifying, or cancelling) an acquisition pro11 gram through the life cycle of such program; 

12 ‘‘(C) ensure that acquisition program man13 agers have the resources necessary to success14 fully execute an approved acquisition program; 

15 ‘‘(D) ensure good acquisition program 

16 management of cost, schedule, risk, and system 

17 performance of the acquisition program at 

18 issue, including assessing acquisition program 

19 baseline breaches and directing any corrective 

20 action for such breaches; and 

21 ‘‘(E) ensure that acquisition program man22 agers, on an ongoing basis, monitor cost, sched23 ule, and performance against established base24 lines and use tools to assess risks to an acquisi25 tion program at all phases of the life cycle of 


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1 such program to avoid and mitigate acquisition 

2 program baseline breaches. 

3 ‘‘(3) ACQUISITION DECISION EVENT.—The term 

4 ‘acquisition decision event’, with respect to an acqui5 sition program, means a predetermined point within 

6 each of the acquisition phases at which the acquisi7 tion decision authority determines whether such ac8 quisition program shall proceed to the next acquisi9 tion phase. 

10 ‘‘(4) ACQUISITION DECISION MEMORANDUM.— 

11 The term ‘acquisition decision memorandum’, with 

12 respect to an acquisition, means the official acquisi13 tion decision event record that includes a docu14 mented record of decisions, exit criteria, and as15 signed actions for such acquisition, as determined by 

16 the person exercising acquisition decision authority 

17 for such acquisition. 

18 ‘‘(5) ACQUISITION PROGRAM.—The term ‘acqui19 sition program’ means the process by which the De20 partment acquires, with any appropriated amounts, 

21 by contract for purchase or lease, property or serv22 ices (including construction) that support the mis23 sions and goals of the Department. 

24 ‘‘(6) ACQUISITION PROGRAM BASELINE.—The 

25 term ‘acquisition program baseline’, with respect to 


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1 an acquisition program, means a summary of the 

2 cost, schedule, and performance parameters, ex3 pressed in standard, measurable, quantitative terms, 

4 which must be met in order to accomplish the goals 

5 of such program. 

6 ‘‘(7) BEST PRACTICES.—The term ‘best prac7 tices’, with respect to acquisition, means a knowl8 edge-based approach to capability development that 

9 includes— 

10 ‘‘(A) identifying and validating needs; 

11 ‘‘(B) assessing alternatives to select the 

12 most appropriate solution; 

13 ‘‘(C) clearly establishing well-defined re14 quirements; 

15 ‘‘(D) developing realistic cost assessments 

16 and schedules; 

17 ‘‘(E) securing stable funding that matches 

18 resources to requirements; 

19 ‘‘(F) demonstrating technology, design, 

20 and manufacturing maturity; 

21 ‘‘(G) using milestones and exit criteria or 

22 specific accomplishments that demonstrate 

23 progress; 

24 ‘‘(H) adopting and executing standardized 

25 processes with known success across programs; 


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1 ‘‘(I) establishing an adequate workforce 

2 that is qualified and sufficient to perform nec3 essary functions; and 

4 ‘‘(J) integrating the capabilities described 

5 in subparagraphs (A) through (I) into the De6 partment’s mission and business operations. 

7 ‘‘(8) MAJOR ACQUISITION PROGRAM.—The term 

8 ‘major acquisition program’ means a Department 

9 acquisition program that is estimated by the Sec10 retary to require an eventual total expenditure of at 

11 least $300 million (based on fiscal year 2019 con12 stant dollars) over its life cycle cost.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 in section 1(b) of the Homeland Security Act of 2002 (6 

15 U.S.C. 101 et seq.) is amended by inserting after the item 

16 relating to section 835 the following new item: 

‘‘Sec. 836. Acquisition Review Board.’’. 

17 SEC. 122. ACQUISITION AUTHORITIES FOR UNDER SEC18 RETARY FOR MANAGEMENT OF THE DEPART19 MENT OF HOMELAND SECURITY. 

20 Section 701 of the Homeland Security Act of 2002 

21 (6 U.S.C. 341) is amended by— 

22 (1) redesignating subsection (d), the first sub23 section (e) (relating to the system for award man24 agement consultation), and the second subsection (e) 

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1 nications) as subsections (e), (f), and (g), respec2 tively; and 

3 (2) inserting after subsection (c) the following 

4 new subsection: 

5 ‘‘(d) ACQUISITION AND RELATED RESPONSIBIL6 ITIES.— 

7 ‘‘(1) IN GENERAL.—Notwithstanding section 

8 1702(a) of title 41, United States Code, the Under 

9 Secretary for Management is the Chief Acquisition 

10 Officer of the Department. As Chief Acquisition Of11 ficer, the Under Secretary shall have the authorities 

12 and perform the functions specified in such section 

13 1702(b), and perform all other functions and re14 sponsibilities delegated by the Secretary or described 

15 in this subsection. 

16 ‘‘(2) FUNCTIONS AND RESPONSIBILITIES.—In 

17 addition to the authorities and functions specified in 

18 section 1702(b) of title 41, United States Code, the 

19 functions and responsibilities of the Under Secretary 

20 for Management related to acquisition (as such term 

21 is defined in section 836) include the following: 

22 ‘‘(A) Advising the Secretary regarding ac23 quisition management activities, taking into ac24 count risks of failure to achieve cost, schedule, 

25 or performance parameters, to ensure that the 


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1 Department achieves its mission through the 

2 adoption of widely accepted program manage3 ment best practices (as such term is defined in 

4 section 836) and standards and, where appro5 priate, acquisition innovation best practices. 

6 ‘‘(B) Leading the Department’s acquisition 

7 oversight body, the Acquisition Review Board. 

8 ‘‘(C) Exercising the acquisition decision 

9 authority (as such term is defined in section 

10 836) to approve, pause, modify (including the 

11 rescission of approvals of program milestones), 

12 or cancel major acquisition programs (as such 

13 term is defined in section 836), unless the 

14 Under Secretary delegates such authority to a 

15 Component Acquisition Executive (as such term 

16 is defined in section 836) pursuant to para17 graph (3). 

18 ‘‘(D) Establishing policies for acquisition 

19 that implement an approach that takes into ac20 count risks of failure to achieve cost, schedule, 

21 or performance parameters that all components 

22 of the Department shall comply with, including 

23 outlining relevant authorities for program man24 agers to effectively manage acquisition pro25 grams (as such term is defined in section 836). 


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1 ‘‘(E) Ensuring that each major acquisition 

2 program has a Department-approved acquisi3 tion program baseline (as such term is defined 

4 in section 836), pursuant to the Department’s 

5 acquisition management policy. 

6 ‘‘(F) Assisting the heads of components 

7 and Component Acquisition Executives in ef8 forts to comply with Federal law, the Federal 

9 Acquisition Regulation, and Department acqui10 sition management directives. 

11 ‘‘(G) Ensuring that grants and financial 

12 assistance are provided only to individuals and 

13 organizations that are not suspended or 

14 debarred. 

15 ‘‘(H) Distributing guidance throughout the 

16 Department to ensure that contractors involved 

17 in acquisitions, particularly contractors that ac18 cess the Department’s information systems and 

19 technologies, adhere to relevant Department 

20 policies related to physical and information se21 curity as identified by the Under Secretary for 

22 Management. 

23 ‘‘(I) Overseeing the Component Acquisition 

24 Executive organizational structure to ensure 

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1 cient capabilities and comply with Department 

2 acquisition policies. 

3 ‘‘(3) DELEGATION OF CERTAIN ACQUISITION

4 DECISION AUTHORITY.— 

5 ‘‘(A) LEVEL 3 ACQUISITIONS.—The Under 

6 Secretary for Management may delegate acqui7 sition decision authority to the relevant Compo8 nent Acquisition Executive for an acquisition 

9 program that has a life cycle cost estimate of 

10 less than $300,000,000. 

11 ‘‘(B) LEVEL 2 ACQUISITIONS.—The Under 

12 Secretary for Management may delegate acqui13 sition decision authority in writing to the rel14 evant Component Acquisition Executive for a 

15 major acquisition program that has a life cycle 

16 cost estimate of at least $300,000 but not more 

17 than $1,000,000,000 if all of the following re18 quirements are met: 

19 ‘‘(i) The component concerned pos20 sesses working policies, processes, and pro21 cedures that are consistent with Depart22 ment-level acquisition policy. 

23 ‘‘(ii) The Component Acquisition Ex24 ecutive concerned has adequate, experi25 enced, and dedicated professional employVerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H8309.IH H8309

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1 ees with program management training, as 

2 applicable, commensurate with the size of 

3 the acquisition programs and related ac4 tivities delegated to such Component Ac5 quisition Executive by the Under Secretary 

6 for Management. 

7 ‘‘(iii) Each major acquisition program 

8 concerned has written documentation 

9 showing that it has a Department-ap10 proved acquisition program baseline and it 

11 is meeting agreed-upon cost, schedule, and 

12 performance thresholds. 

13 ‘‘(C) LEVEL 1 ACQUISITIONS.—The Under 

14 Secretary for Management may delegate acqui15 sition decision authority in writing to the rel16 evant Component Acquisition Executive for a 

17 Level 1 major acquisition program that has a 

18 life cycle cost estimate of more than 

19 $1,000,000,000 if all of the following require20 ments are met: 

21 ‘‘(i) The Undersecretary for Manage22 ment conducts a risk assessment of the 

23 planned acquisition and determines that it 

24 is appropriate to delegate authority for 

25 such major acquisition program. 


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1 ‘‘(ii) The component concerned pos2 sesses working policies, processes, and pro3 cedures that are consistent with Depart4 ment-level acquisition policy. 

5 ‘‘(iii) The Component Acquisition Ex6 ecutive concerned has adequate, experi7 enced, and dedicated professional employ8 ees with program management training, as 

9 applicable, commensurate with the size of 

10 the acquisition programs and related ac11 tivities delegated to such Component Ac12 quisition Executive by the Under Secretary 

13 for Management. 

14 ‘‘(iv) Each Level 1 major acquisition 

15 program concerned has written documenta16 tion showing that it has a Department-ap17 proved acquisition program baseline and it 

18 is meeting agreed-upon cost, schedule, and 

19 performance thresholds. 

20 ‘‘(v) The Under Secretary for Man21 agement provides written notification to 

22 the appropriate congressional committees 

23 of the decision to delegate the authority to 

24 the relevant Component Acquisition Execu25 tive. 


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1 ‘‘(4) RELATIONSHIP TO UNDER SECRETARY

2 FOR SCIENCE AND TECHNOLOGY.— 

3 ‘‘(A) IN GENERAL.—Nothing in this sub4 section shall diminish the authority granted to 

5 the Under Secretary for Science and Tech6 nology under this Act. The Under Secretary for 

7 Management and the Under Secretary for 

8 Science and Technology shall cooperate in mat9 ters related to the coordination of acquisitions 

10 across the Department so that investments of 

11 the Directorate of Science and Technology are 

12 able to support current and future requirements 

13 of the components of the Department. 

14 ‘‘(B) OPERATIONAL TESTING AND EVALUA15 TION.—The Under Secretary for Science and 

16 Technology shall— 

17 ‘‘(i) ensure, in coordination with rel18 evant component heads, that major acqui19 sition programs— 

20 ‘‘(I) complete operational testing 

21 and evaluation of technologies and 

22 systems to be acquired or developed 

23 by major acquisition programs to as24 sess operational effectiveness, suit25 ability, and cybersecurity; 


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1 ‘‘(II) use independent verification 

2 and validation of operational test and 

3 evaluation implementation and re4 sults, as appropriate; and 

5 ‘‘(III) document whether such 

6 programs meet all performance re7 quirements included in their acquisi8 tion program baselines; 

9 ‘‘(ii) ensure that such operational 

10 testing and evaluation includes all system 

11 components and incorporates operators 

12 into the testing to ensure that systems per13 form as intended in the appropriate oper14 ational setting; and 

15 ‘‘(iii) determine if testing conducted 

16 by other Federal departments and agencies 

17 and private entities is relevant and suffi18 cient in determining whether systems per19 form as intended in the operational set20 ting.’’. 

21 SEC. 123. ACQUISITION AUTHORITIES FOR UNDER SEC22 RETARY OF STRATEGY, POLICY, AND PLANS. 

23 Subsection (c) of section 709 of the Homeland Secu24 rity Act of 2002 (6 U.S.C. 349) is amended by— 


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1 (1) redesignating paragraphs (4) through (7) as 

2 (5) through (8), respectively; and 

3 (2) inserting after paragraph (3) the following 

4 new paragraph: 

5 ‘‘(4) ensure acquisition programs (as such term 

6 is defined in section 836) support the DHS Quad7 rennial Homeland Security Review Report, the DHS 

8 Strategic Plan, the DHS Strategic Priorities, and 

9 other appropriate successor documents;’’. 

10 SEC. 124. ACQUISITION AUTHORITIES FOR PROGRAM AC11 COUNTABILITY AND RISK MANAGEMENT 

12 (PARM). 

13 (a) IN GENERAL.—Title VII of the Homeland Secu14 rity Act of 2002 (6 U.S.C. 341 et seq.), as amended by 

15 this title, is further amended by adding at the end the 

16 following new section: 

17 ‘‘SEC. 714. ACQUISITION AUTHORITIES FOR PROGRAM AC18 COUNTABILITY AND RISK MANAGEMENT. 

19 ‘‘(a) ESTABLISHMENT OF OFFICE.—Within the Man20 agement Directorate, there shall be a Program Account21 ability and Risk Management office to— 

22 ‘‘(1) provide consistent accountability, stand23 ardization, and transparency of major acquisition 

24 programs of the Department; 


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1 ‘‘(2) serve as the central oversight function for 

2 all Department major acquisition programs; and 

3 ‘‘(3) provide review and analysis of Department 

4 acquisition programs, as appropriate. 

5 ‘‘(b) RESPONSIBILITIES OF EXECUTIVE DIREC6 TOR.—The Program Accountability and Risk Management 

7 office shall be led by an Executive Director to oversee the 

8 requirements specified in subsection (a). The Executive 

9 Director shall report directly to the Under Secretary for 

10 Management, and shall carry out the following responsibil11 ities: 

12 ‘‘(1) Monitor regularly the performance of De13 partment major acquisition programs between acqui14 sition decision events to identify problems with cost, 

15 performance, or schedule that components may need 

16 to address to prevent cost overruns, performance 

17 issues, or schedule delays. 

18 ‘‘(2) Assist the Under Secretary for Manage19 ment in managing the Department’s acquisition pro20 grams and related activities. 

21 ‘‘(3) Conduct oversight of individual acquisition 

22 programs to implement Department acquisition pro23 gram policy, procedures, and guidance with a pri24 ority on ensuring the data the office collects and 


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1 maintains from Department components is accurate 

2 and reliable. 

3 ‘‘(4) Serve as the focal point and coordinator 

4 for the acquisition life cycle review process and as 

5 the executive secretariat for the Department’s Ac6 quisition Review Board. 

7 ‘‘(5) Advise the persons having acquisition deci8 sion authority in making acquisition decisions con9 sistent with all applicable laws and in establishing 

10 clear lines of authority, accountability, and responsi11 bility for acquisition decision making within the De12 partment. 

13 ‘‘(6) Assist the Chief Procurement Officer of 

14 the Department, as appropriate, in developing strat15 egies and specific plans for hiring, training, and pro16 fessional development to address any deficiency with17 in the Department’s acquisition workforce. 

18 ‘‘(7) Develop standardized certification stand19 ards in consultation with the Component Acquisition 

20 Executives for all acquisition program managers. 

21 ‘‘(8) Assess the results of major acquisition pro22 grams’ post-implementation reviews and identify op23 portunities to improve performance throughout the 

24 acquisition process. 


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1 ‘‘(9) Provide technical support and assistance 

2 to Department acquisition programs and acquisition 

3 personnel and coordinate with the Chief Procure4 ment Officer regarding workforce training and devel5 opment activities. 

6 ‘‘(10) Assist, as appropriate, with the prepara7 tion of the Future Years Homeland Security Pro8 gram, and make such information available to the 

9 congressional homeland security committees. 

10 ‘‘(c) RESPONSIBILITIES OF COMPONENTS.—Each 

11 head of a component shall comply with Federal law, the 

12 Federal Acquisition Regulation, and Department acquisi13 tion management directives established by the Under Sec14 retary for Management. For each major acquisition pro15 gram, each head of a component shall— 

16 ‘‘(1) define baseline requirements and document 

17 changes to such requirements, as appropriate; 

18 ‘‘(2) establish a complete life cycle cost estimate 

19 with supporting documentation that is consistent 

20 with cost estimating best practices as identified by 

21 the Comptroller General of the United States; 

22 ‘‘(3) verify each life cycle cost estimate against 

23 independent cost estimates or assessments, as appro24 priate, and reconcile any differences; 


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1 ‘‘(4) complete a cost-benefit analysis with sup2 porting documentation; 

3 ‘‘(5) develop and maintain a schedule that is 

4 consistent with scheduling best practices as identi5 fied by the Comptroller General of the United 

6 States, including, in appropriate cases, an integrated 

7 master schedule; and 

8 ‘‘(6) ensure that all acquisition program infor9 mation provided by the component is complete, accu10 rate, timely, and valid. 

11 ‘‘(d) DEFINITIONS.—In this section: 

12 ‘‘(1) ACQUISITION.—The term ‘acquisition’ has 

13 the meaning given such term in section 131 of title 

14 41, United States Code. 

15 ‘‘(2) ACQUISITION DECISION AUTHORITY.—The 

16 term ‘acquisition decision authority’ means the au17 thority, held by the Secretary acting through the 

18 Deputy Secretary or Under Secretary for Manage19 ment to— 

20 ‘‘(A) ensure compliance with Federal law, 

21 the Federal Acquisition Regulation, and De22 partment acquisition management directives; 

23 ‘‘(B) review (including approving, pausing, 

24 modifying, or canceling) an acquisition program 

25 through the life cycle of such program; 


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1 ‘‘(C) ensure that acquisition program man2 agers have the resources necessary to success3 fully execute an approved acquisition program; 

4 ‘‘(D) ensure good acquisition program 

5 management of cost, schedule, risk, and system 

6 performance of the acquisition program at 

7 issue, including assessing acquisition program 

8 baseline breaches and directing any corrective 

9 action for such breaches; and 

10 ‘‘(E) ensure that acquisition program man11 agers, on an ongoing basis, monitor cost, sched12 ule, and performance against established base13 lines and use tools to assess risks to an acquisi14 tion program at all phases of the life cycle of 

15 such program to avoid and mitigate acquisition 

16 program baseline breaches. 

17 ‘‘(3) ACQUISITION DECISION EVENT.—The term 

18 ‘acquisition decision event’, with respect to an acqui19 sition program, means a predetermined point within 

20 each of the acquisition phases at which the acquisi21 tion decision authority determines whether such ac22 quisition program shall proceed to the next acquisi23 tion phase. 

24 ‘‘(4) ACQUISITION PROGRAM.—The term ‘acqui25 sition program’ means the process by which the DeVerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H8309.IH H8309

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1 partment acquires, with any appropriated amounts 

2 or fee funding, by contract for purchase or lease, 

3 property or services (including construction) that 

4 support the missions and goals of the Department. 

5 ‘‘(5) ACQUISITION PROGRAM BASELINE.—The 

6 term ‘acquisition program baseline’, with respect to 

7 an acquisition program, means a summary of the 

8 cost, schedule, and performance parameters, ex9 pressed in standard, measurable, quantitative terms, 

10 which must be met in order to accomplish the goals 

11 of such program. 

12 ‘‘(6) BEST PRACTICES.—The term ‘best prac13 tices’, with respect to acquisition, means a knowl14 edge-based approach to capability development that 

15 includes the following: 

16 ‘‘(A) Identifying and validating needs. 

17 ‘‘(B) Assessing alternatives to select the 

18 most appropriate solution. 

19 ‘‘(C) Clearly establishing well-defined re20 quirements. 

21 ‘‘(D) Developing realistic cost assessments 

22 and schedules. 

23 ‘‘(E) Securing stable funding that matches 

24 resources to requirements. 


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1 ‘‘(F) Demonstrating technology, design, 

2 and manufacturing maturity. 

3 ‘‘(G) Using milestones and exit criteria or 

4 specific accomplishments that demonstrate 

5 progress. 

6 ‘‘(H) Adopting and executing standardized 

7 processes with known success across programs. 

8 ‘‘(I) Establishing an adequate workforce 

9 that is qualified and sufficient to perform nec10 essary functions. 

11 ‘‘(J) Integrating the capabilities described 

12 in subparagraphs (A) through (I) into the De13 partment’s mission and business operations. 

14 ‘‘(7) BREACH.—The term ‘breach’, with respect 

15 to a major acquisition program, means a failure to 

16 meet any cost, schedule, or performance threshold 

17 specified in the most recently approved acquisition 

18 program baseline. 

19 ‘‘(8) CONGRESSIONAL HOMELAND SECURITY

20 COMMITTEES.—The term ‘congressional homeland 

21 security committees’ means— 

22 ‘‘(A) the Committee on Homeland Security 

23 of the House of Representatives and the Com24 mittee on Homeland Security and Govern25 mental Affairs of the Senate; and 


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1 ‘‘(B) the Committee on Appropriations of 

2 the House of Representatives and the Com3 mittee on Appropriations of the Senate. 

4 ‘‘(9) COMPONENT ACQUISITION EXECUTIVE.— 

5 The term ‘Component Acquisition Executive’ means 

6 the senior acquisition official within a component 

7 who is designated in writing by the Under Secretary 

8 for Management, in consultation with the component 

9 head, with authority and responsibility for leading a 

10 process and staff to provide acquisition and program 

11 management oversight, policy, and guidance to en12 sure that statutory, regulatory, and higher level pol13 icy requirements are fulfilled, including compliance 

14 with Federal law, the Federal Acquisition Regula15 tion, and Department acquisition management direc16 tives established by the Under Secretary for Man17 agement. 

18 ‘‘(10) MAJOR ACQUISITION PROGRAM.—The 

19 term ‘major acquisition program’ means a Depart20 ment acquisition program that is estimated by the 

21 Secretary to require an eventual total expenditure of 

22 at least $300,000,000 (based on fiscal year 2019 

23 constant dollars) over its life cycle cost or a program 

24 identified by the Chief Acquisition Officer as a pro25 gram of special interest.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) of the Homeland Security Act of 2002 is 

3 amended by inserting after the item relating to section 

4 713, as added by this title, the following new item: 

‘‘Sec. 714. Acquisition authorities for Program Accountability and Risk Management.’’. 

5 SEC. 125. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 

6 OF BOARD AND OF REQUIREMENTS TO RE7 DUCE DUPLICATION IN ACQUISITION PRO8 GRAMS. 

9 (a) REVIEW REQUIRED.—The Comptroller General 

10 of the United States shall conduct a review of the effec11 tiveness of the Acquisition Review Board established 

12 under section 836 of the Homeland Security Act of 2002 

13 (as added by this title) and the requirements to reduce 

14 unnecessary duplication in acquisition programs estab15 lished under section 837 of such Act (as added by this 

16 title) in improving the Department’s acquisition manage17 ment process. 

18 (b) SCOPE OF REPORT.—The review shall include the 

19 following: 

20 (1) An assessment of the effectiveness of the 

21 Board in increasing program management oversight, 

22 best practices and standards, and discipline among 

23 the components of the Department, including in 


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1 working together and in preventing overlap and un2 necessary duplication. 

3 (2) An assessment of the effectiveness of the 

4 Board in instilling program management discipline. 

5 (3) A statement of how regularly each major 

6 acquisition program is reviewed by the Board, how 

7 often the Board stops major acquisition programs 

8 from moving forward in the phases of the acquisition 

9 life cycle process, and the number of major acquisi10 tion programs that have been halted because of 

11 problems with operational effectiveness, schedule 

12 delays, or cost overruns. 

13 (4) An assessment of the effectiveness of the 

14 Board in impacting acquisition decision making 

15 within the Department, including the degree to 

16 which the Board impacts decision making within 

17 other headquarters mechanisms and bodies involved 

18 in the administration of acquisition activities. 

19 (c) REPORT REQUIRED.—Not later than one year 

20 after the date of the enactment of this Act, the Comp21 troller General shall submit to the congressional homeland 

22 security committees a report on the review required by this 

23 section. The report shall be submitted in unclassified form 

24 but may include a classified annex. 


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1 SEC. 126. EXCLUDED PARTY LIST SYSTEM WAIVERS. 

2 Not later than five days after the issuance of a waiver 

3 by the Secretary of Homeland Security of Federal require4 ments that an agency not engage in business with a con5 tractor in the Excluded Party List System (or successor 

6 system) as maintained by the General Services Adminis7 tration, the Secretary shall submit to Congress notice of 

8 such waiver and an explanation for a finding by the Sec9 retary that a compelling reason exists for issuing such 

10 waiver. 

11 SEC. 127. INSPECTOR GENERAL OVERSIGHT OF SUSPEN12 SION AND DEBARMENT. 

13 The Inspector General of the Department of Home14 land Security shall— 

15 (1) conduct audits as determined necessary by 

16 the Inspector General regarding grant and procure17 ment awards to identify instances in which a con18 tract or grant was improperly awarded to a sus19 pended or debarred entity and whether corrective ac20 tions were taken to prevent recurrence; and 

21 (2) review the suspension and debarment pro22 gram throughout the Department to assess whether 

23 suspension and debarment criteria are consistently 

24 applied throughout the Department and whether dis25 parities exist in the application of such criteria, par26 ticularly with respect to business size and categories. 


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1 SEC. 128. CONGRESSIONAL NOTIFICATION FOR MAJOR AC2 QUISITION PROGRAMS. 

3 (a) IN GENERAL.—Subtitle D of title VIII of the 

4 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), 

5 as amended by this title, is further amended by adding 

6 at the end the following new section: 

7 ‘‘SEC. 837. CONGRESSIONAL NOTIFICATION AND OTHER RE8 QUIREMENTS FOR MAJOR ACQUISITION PRO9 GRAM BREACH. 

10 ‘‘(a) REQUIREMENTS WITHIN DEPARTMENT IN

11 EVENT OF BREACH.— 

12 ‘‘(1) NOTIFICATIONS.— 

13 ‘‘(A) NOTIFICATION OF BREACH.—If a 

14 breach occurs in a major acquisition program, 

15 the program manager for such program shall 

16 notify the Component Acquisition Executive for 

17 such program, the head of the component con18 cerned, the Executive Director of the Program 

19 Accountability and Risk Management division, 

20 the Under Secretary for Management, and the 

21 Deputy Secretary not later than 30 calendar 

22 days after such breach is identified. 

23 ‘‘(B) NOTIFICATION TO SECRETARY.—If a 

24 breach occurs in a major acquisition program 

25 and such breach results in a cost overrun great26 er than 15 percent, a schedule delay greater 


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1 than 180 days, or a failure to meet any of the 

2 performance thresholds from the cost, schedule, 

3 or performance parameters specified in the 

4 most recently approved acquisition program 

5 baseline for such program, the Component Ac6 quisition Executive for such program shall no7 tify the Secretary and the Inspector General of 

8 the Department not later than five business 

9 days after the Component Acquisition Executive 

10 for such program, the head of the component 

11 concerned, the Executive Director of the Pro12 gram Accountability and Risk Management Di13 vision, the Under Secretary for Management, 

14 and the Deputy Secretary are notified of the 

15 breach pursuant to subparagraph (A). 

16 ‘‘(2) REMEDIATION PLAN AND ROOT CAUSE

17 ANALYSIS.— 

18 ‘‘(A) IN GENERAL.—If a breach occurs in 

19 a major acquisition program, the program man20 ager for such program shall submit to the head 

21 of the component concerned, the Executive Di22 rector of the Program Accountability and Risk 

23 Management division, and the Under Secretary 

24 for Management in writing a remediation plan 

25 and root cause analysis relating to such breach 


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1 and program. Such plan and analysis shall be 

2 submitted at a date established at the discretion 

3 of the Under Secretary for Management. 

4 ‘‘(B) REMEDIATION PLAN.—The remedi5 ation plan required under this subparagraph 

6 (A) shall— 

7 ‘‘(i) explain the circumstances of the 

8 breach at issue; 

9 ‘‘(ii) provide prior cost estimating in10 formation; 

11 ‘‘(iii) include a root cause analysis 

12 that determines the underlying cause or 

13 causes of shortcomings in cost, schedule, 

14 or performance of the major acquisition 

15 program with respect to which such breach 

16 has occurred, including the role, if any, 

17 of— 

18 ‘‘(I) unrealistic performance ex19 pectations; 

20 ‘‘(II) unrealistic baseline esti21 mates for cost or schedule or changes 

22 in program requirements; 

23 ‘‘(III) immature technologies or 

24 excessive manufacturing or integra25 tion risk; 


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1 ‘‘(IV) unanticipated design, engi2 neering, manufacturing, or technology 

3 integration issues arising during pro4 gram performance; 

5 ‘‘(V) changes to the scope of such 

6 program; 

7 ‘‘(VI) inadequate program fund8 ing or changes in planned out-year 

9 funding from one 5-year funding plan 

10 to the next 5-year funding plan as 

11 outlined in the Future Years Home12 land Security Program required under 

13 section 874; 

14 ‘‘(VII) legislative, legal, or regu15 latory changes; or 

16 ‘‘(VIII) inadequate program 

17 management personnel, including lack 

18 of sufficient number of staff, training, 

19 credentials, certifications, or use of 

20 best practices; 

21 ‘‘(iv) propose corrective action to ad22 dress cost growth, schedule delays, or per23 formance issues; 


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1 ‘‘(v) explain the rationale for why a 

2 proposed corrective action is recommended; 

3 and 

4 ‘‘(vi) in coordination with the Compo5 nent Acquisition Executive for such pro6 gram, discuss all options considered, in7 cluding the estimated impact on cost, 

8 schedule, or performance of such program 

9 if no changes are made to current require10 ments, the estimated cost of such program 

11 if requirements are modified, and the ex12 tent to which funding from other programs 

13 will need to be reduced to cover the cost 

14 growth of such program. 

15 ‘‘(3) REVIEW OF CORRECTIVE ACTIONS.— 

16 ‘‘(A) IN GENERAL.—The Under Secretary 

17 for Management shall review the remediation 

18 plan required under paragraph (2). The Under 

19 Secretary may approve such plan or provide an 

20 alternative proposed corrective action within 30 

21 days of the submission of such plan under such 

22 paragraph. 

23 ‘‘(B) SUBMISSION TO CONGRESS.—Not 

24 later than 30 days after the review required 

25 under subparagraph (A) is completed, the 


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1 Under Secretary for Management shall submit 

2 to the congressional homeland security commit3 tees the following: 

4 ‘‘(i) A copy of the remediation plan 

5 and the root cause analysis required under 

6 paragraph (2). 

7 ‘‘(ii) A statement describing the cor8 rective action or actions that have occurred 

9 pursuant to paragraph (2)(b)(iv) for the 

10 major acquisition program at issue, with a 

11 justification for such action or actions. 

12 ‘‘(b) REQUIREMENTS RELATING TO CONGRESSIONAL

13 NOTIFICATION IF BREACH OCCURS.— 

14 ‘‘(1) NOTIFICATION TO CONGRESS.—If a notifi15 cation to the Secretary is made under subsection 

16 (a)(1)(B) relating to a breach in a major acquisition 

17 program, the Under Secretary for Management shall 

18 notify the congressional homeland security commit19 tees of such breach in the next quarterly Com20 prehensive Acquisition Status Report, as required by 

21 title I of division D of the Consolidated Appropria22 tions Act, 2016 (Public Law 114–113), following re23 ceipt by the Under Secretary of notification under 

24 such subsection. 


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1 ‘‘(2) SIGNIFICANT VARIANCES IN COSTS OR

2 SCHEDULE.—If a likely cost overrun is greater than 

3 20 percent or a likely delay is greater than 12 

4 months from the costs and schedule specified in the 

5 acquisition program baseline for a major acquisition 

6 program, the Under Secretary for Management shall 

7 include in the notification required in paragraph (1) 

8 a written certification, with supporting explanation, 

9 that— 

10 ‘‘(A) such program is essential to the ac11 complishment of the Department’s mission; 

12 ‘‘(B) there are no alternatives to the capa13 bility or asset provided by such program that 

14 will provide equal or greater capability in both 

15 a more cost-effective and timely manner; 

16 ‘‘(C) the new acquisition schedule and esti17 mates for total acquisition cost are reasonable; 

18 and 

19 ‘‘(D) the management structure for such 

20 program is adequate to manage and control 

21 cost, schedule, and performance. 

22 ‘‘(c) CONGRESSIONAL HOMELAND SECURITY COM23 MITTEES DEFINED.—In this section, the term ‘congres24 sional homeland security committees’ means— 


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1 ‘‘(1) the Committee on Homeland Security of 

2 the House of Representatives and the Committee on 

3 Homeland Security and Governmental Affairs of the 

4 Senate; and 

5 ‘‘(2) the Committee on Appropriations of the 

6 House of Representatives and the Committee on Ap7 propriations of the Senate.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 in section 1(b) of the Homeland Security Act of 2002 is 

10 amended by inserting after the item relating to section 

11 836, as added by this title, the following new item: 

‘‘Sec. 837. Congressional notification and other requirements for major acquisition program breach.’’. 

12 SEC. 129. MULTIYEAR ACQUISITION STRATEGY. 

13 (a) IN GENERAL.—Subtitle D of title VIII of the 

14 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), 

15 as amended by this title, is further amended by adding 

16 at the end the following new section: 

17 ‘‘SEC. 838. MULTIYEAR ACQUISITION STRATEGY. 

18 ‘‘(a) MULTIYEAR ACQUISITION STRATEGY RE19 QUIRED.— 

20 ‘‘(1) IN GENERAL.—Not later than one year 

21 after the date of the enactment of this section, the 

22 Secretary shall submit to the appropriate congres23 sional committees and the Comptroller General of 

24 the United States a multiyear acquisition strategy to 


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1 guide the overall direction of the acquisitions of the 

2 Department while allowing flexibility to deal with 

3 ever-changing threats and risks, to keep pace with 

4 changes in technology that could impact deliverables, 

5 and to help industry better understand, plan, and 

6 align resources to meet the future acquisition needs 

7 of the Department. Such strategy shall be updated 

8 and included in each Future Years Homeland Secu9 rity Program. 

10 ‘‘(2) FORM.—The strategy required under para11 graph (1) shall be submitted in unclassified form but 

12 may include a classified annex for any sensitive or 

13 classified information if necessary. The Secretary 

14 shall publish such strategy in an unclassified format 

15 that is publicly available. 

16 ‘‘(b) CONSULTATION.—In developing the strategy re17 quired under subsection (a), the Secretary shall, as the 

18 Secretary determines appropriate, consult with head19 quarters, components, employees in the field, and individ20 uals from industry and the academic community. 

21 ‘‘(c) CONTENTS OF STRATEGY.—The strategy shall 

22 include the following: 

23 ‘‘(1) PRIORITIZED LIST.—A systematic and in24 tegrated prioritized list developed by the Under Sec25 retary for Management in coordination with all of 


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1 the Component Acquisition Executives of Depart2 ment major acquisition programs that Department 

3 and component acquisition investments seek to ad4 dress, including the expected security and economic 

5 benefit of the program or system that is the subject 

6 of acquisition and an analysis of how the security 

7 and economic benefit derived from such program or 

8 system will be measured. 

9 ‘‘(2) INVENTORY.—A plan to develop a reliable 

10 Department-wide inventory of investments and real 

11 property assets to help the Department— 

12 ‘‘(A) plan, budget, schedule, and acquire 

13 upgrades of its systems and equipment; and 

14 ‘‘(B) plan for the acquisition and manage15 ment of future systems and equipment. 

16 ‘‘(3) FUNDING GAPS.—A plan to address fund17 ing gaps between funding requirements for major ac18 quisition programs and known available resources, 

19 including, to the maximum extent practicable, ways 

20 of leveraging best practices to identify and eliminate 

21 overpayment for items to— 

22 ‘‘(A) prevent wasteful purchasing; 

23 ‘‘(B) achieve the greatest level of efficiency 

24 and cost savings by rationalizing purchases; 

25 ‘‘(C) align pricing for similar items; and 


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1 ‘‘(D) utilize purchase timing and econo2 mies of scale. 

3 ‘‘(4) IDENTIFICATION OF CAPABILITIES.—An 

4 identification of test, evaluation, modeling, and sim5 ulation capabilities that will be required to— 

6 ‘‘(A) support the acquisition of tech7 nologies to meet the needs of such strategy; 

8 ‘‘(B) leverage to the greatest extent pos9 sible emerging technological trends and re10 search and development trends within the pub11 lic and private sectors; and 

12 ‘‘(C) identify ways to ensure that appro13 priate technology is acquired and integrated 

14 into the Department’s operating doctrine to im15 prove mission performance. 

16 ‘‘(5) FOCUS ON FLEXIBLE SOLUTIONS.—An as17 sessment of ways the Department can improve its 

18 ability to test and acquire innovative solutions to 

19 allow needed incentives and protections for appro20 priate risk-taking in order to meet its acquisition 

21 needs with resiliency, agility, and responsiveness to 

22 assure homeland security and facilitate trade. 

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1 agers and senior Department acquisition officials 

2 to— 

3 ‘‘(A) prevent cost overruns; 

4 ‘‘(B) avoid schedule delays; and 

5 ‘‘(C) achieve cost savings in major acquisi6 tion programs. 

7 ‘‘(7) FOCUS ON ADDRESSING DELAYS AND BID

8 PROTESTS.—An assessment of ways the Department 

9 can improve the acquisition process to minimize cost 

10 overruns in— 

11 ‘‘(A) requirements development; 

12 ‘‘(B) procurement announcements; 

13 ‘‘(C) requests for proposals; 

14 ‘‘(D) evaluation of proposals; 

15 ‘‘(E) protests of decisions and awards; and 

16 ‘‘(F) the use of best practices. 

17 ‘‘(8) FOCUS ON IMPROVING OUTREACH.—An 

18 identification and assessment of ways to increase op19 portunities for communication and collaboration with 

20 industry, small and disadvantaged businesses, intra21 government entities, university centers of excellence, 

22 accredited certification and standards development 

23 organizations, and national laboratories to ensure 

24 that the Department understands the market for 

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1 able to meet its mission needs and to inform the De2 partment’s requirements-setting process before en3 gaging in an acquisition, including— 

4 ‘‘(A) methods designed especially to engage 

5 small and disadvantaged businesses, a cost-ben6 efit analysis of the tradeoffs that small and dis7 advantaged businesses provide, information re8 lating to barriers to entry for small and dis9 advantaged businesses, and information relating 

10 to unique requirements for small and disadvan11 taged businesses; and 

12 ‘‘(B) within the Department Vendor Com13 munication Plan and Market Research Guide, 

14 instructions for interaction by acquisition pro15 gram managers with such entities to— 

16 ‘‘(i) prevent misinterpretation of ac17 quisition regulations; and 

18 ‘‘(ii) permit, within legal and ethical 

19 boundaries, interacting with such entities 

20 with transparency. 

21 ‘‘(9) COMPETITION.—A plan regarding competi22 tion under subsection (d). 

23 ‘‘(10) ACQUISITION WORKFORCE.—A plan re24 garding the Department acquisition workforce under 

25 subsection (e). 


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1 ‘‘(d) COMPETITION PLAN.—The strategy required 

2 under subsection (a) shall also include a plan to address 

3 actions to ensure competition, or the option of competi4 tion, for major acquisition programs. Such plan may in5 clude assessments of the following measures in appro6 priate cases if such measures are cost effective: 

7 ‘‘(1) Competitive prototyping. 

8 ‘‘(2) Dual-sourcing. 

9 ‘‘(3) Unbundling of contracts. 

10 ‘‘(4) Funding of next-generation prototype sys11 tems or subsystems. 

12 ‘‘(5) Use of modular, open architectures to en13 able competition for upgrades. 

14 ‘‘(6) Acquisition of complete technical data 

15 packages. 

16 ‘‘(7) Periodic competitions for subsystem up17 grades. 

18 ‘‘(8) Licensing of additional suppliers, including 

19 small businesses. 

20 ‘‘(9) Periodic system or program reviews to ad21 dress long-term competitive effects of program deci22 sions. 

23 ‘‘(e) ACQUISITION WORKFORCE PLAN.— 

24 ‘‘(1) ACQUISITION WORKFORCE.—The strategy 

25 required under subsection (a) shall also include a 


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1 plan to address Department acquisition workforce 

2 accountability and talent management that identifies 

3 the acquisition workforce needs of each component 

4 performing acquisition functions and develops op5 tions for filling such needs with qualified individuals, 

6 including a cost-benefit analysis of contracting for 

7 acquisition assistance. 

8 ‘‘(2) ADDITIONAL MATTERS COVERED.—The 

9 acquisition workforce plan under this subsection 

10 shall address ways to— 

11 ‘‘(A) improve the recruitment, hiring, 

12 training, and retention of Department acquisi13 tion workforce personnel, including contracting 

14 officer’s representatives, in order to retain high15 ly qualified individuals who have experience in 

16 the acquisition life cycle, complex procurements, 

17 and management of large programs; 

18 ‘‘(B) empower program managers to have 

19 the authority to manage their programs in an 

20 accountable and transparent manner as such 

21 managers work with the acquisition workforce; 

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1 existing training within the Federal Govern2 ment, academic community, or private industry; 

3 ‘‘(D) achieve integration and consistency 

4 with Government-wide training and accredita5 tion standards, acquisition training tools, and 

6 training facilities; 

7 ‘‘(E) designate the acquisition positions 

8 that will be necessary to support the Depart9 ment acquisition requirements, including in the 

10 fields of— 

11 ‘‘(i) program management; 

12 ‘‘(ii) systems engineering; 

13 ‘‘(iii) procurement, including con14 tracting; 

15 ‘‘(iv) test and evaluation; 

16 ‘‘(v) life cycle logistics; 

17 ‘‘(vi) cost estimating and program fi18 nancial management; and 

19 ‘‘(vii) additional disciplines appro20 priate to Department mission needs; 

21 ‘‘(F) strengthen the performance of con22 tracting officers’ representatives (as defined in 

23 subpart 1.602–2 and subpart 2.101 of the Fed24 eral Acquisition Regulation), including by— 


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1 ‘‘(i) assessing the extent to which 

2 such representatives are certified and re3 ceive training that is appropriate; 

4 ‘‘(ii) assessing what training is most 

5 effective with respect to the type and com6 plexity of assignment; and 

7 ‘‘(iii) implementing actions to improve 

8 training based on such assessments; and 

9 ‘‘(G) identify ways to increase training for 

10 relevant investigators and auditors of the De11 partment to examine fraud in major acquisition 

12 programs, including identifying opportunities to 

13 leverage existing Government and private sector 

14 resources in coordination with the Inspector 

15 General of the Department.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 in section 1(b) of the Homeland Security Act of 2002 is 

18 amended by inserting after the item relating to section 

19 837, as added by this title, the following new item: 

‘‘Sec. 838. Multiyear acquisition strategy.’’. 

20 (c) GOVERNMENT ACCOUNTABILITY OFFICE REVIEW

21 OF MULTIYEAR ACQUISITION STRATEGY.— 

22 (1) REVIEW.—After submission of the first 

23 multiyear acquisition strategy in accordance with 

24 section 838 of the Homeland Security Act of 2002, 

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1 actment of this Act, the Comptroller General of the 

2 United States shall conduct a review of such plan 

3 within 180 days to analyze the viability of such 

4 plan’s effectiveness in the following: 

5 (A) Complying with the requirements of 

6 such section 838. 

7 (B) Establishing clear connections between 

8 Department of Homeland Security objectives 

9 and acquisition priorities. 

10 (C) Demonstrating that Department acqui11 sition policy reflects program management best 

12 practices and standards. 

13 (D) Ensuring competition or the option of 

14 competition for major acquisition programs. 

15 (E) Considering potential cost savings 

16 through using already-existing technologies 

17 when developing acquisition program require18 ments. 

19 (F) Preventing duplication within Depart20 ment acquisition workforce training require21 ments through leveraging already-existing train22 ing within the Federal Government, academic 

23 community, or private industry. 

24 (G) Providing incentives for acquisition 

25 program managers to reduce acquisition and 


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1 procurement costs through the use of best prac2 tices and disciplined program management. 

3 (2) DEFINITIONS.—The terms ‘‘acquisition’’, 

4 ‘‘best practices’’, and ‘‘major acquisition programs’’ 

5 have the meanings given such terms in section 836 

6 of the Homeland Security Act of 2002, as added by 

7 this title. 

8 (3) REPORT.—Not later than 180 days after 

9 the completion of the review required by subsection 

10 (a), the Comptroller General of the United States 

11 shall submit to the Committee on Homeland Secu12 rity and the Committee on Appropriations of the 

13 House of Representatives and the Committee on 

14 Homeland Security and Governmental Affairs and 

15 the Committee on Appropriations of the Senate a re16 port on the review. Such report shall be submitted 

17 in unclassified form but may include a classified 

18 annex. 

19 SEC. 130. ACQUISITION REPORTS. 

20 (a) IN GENERAL.—Subtitle D of title VIII of the 

21 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), 

22 as amended by this title, is further amended by adding 

23 at the end the following new section: 


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1 ‘‘SEC. 839. ACQUISITION REPORTS. 

2 ‘‘(a) COMPREHENSIVE ACQUISITION STATUS RE3 PORT.— 

4 ‘‘(1) IN GENERAL.—At the same time as the 

5 President’s budget is submitted for a fiscal year 

6 under section 1105(a) of title 31, United States 

7 Code, the Under Secretary for Management shall 

8 submit to the congressional homeland security com9 mittees an annual comprehensive acquisition status 

10 report. The report shall include the following: 

11 ‘‘(A) The information required under the 

12 heading ‘Office of the Under Secretary for 

13 Management’ under title I of division D of the 

14 Consolidated Appropriations Act, 2012 (Public 

15 Law 112–74) (as required under the Depart16 ment of Homeland Security Appropriations Act, 

17 2013 (Public Law 113–6)). 

18 ‘‘(B) A listing of programs that have been 

19 cancelled, modified, paused, or referred to the 

20 Under Secretary for Management or Deputy 

21 Secretary for additional oversight or action by 

22 the Board, Department Office of Inspector 

23 General, or the Comptroller General. 

24 ‘‘(C) A listing of established Executive 

25 Steering Committees, which provide governance 

26 of a program or related set of programs and 


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1 lower-tiered oversight, and support between ac2 quisition decision events and component re3 views, including the mission and membership 

4 for each. 

5 ‘‘(2) INFORMATION FOR MAJOR ACQUISITION

6 PROGRAMS.—For each major acquisition program, 

7 the report shall include the following: 

8 ‘‘(A) A narrative description, including 

9 current gaps and shortfalls, the capabilities to 

10 be fielded, and the number of planned incre11 ments or units. 

12 ‘‘(B) Acquisition Review Board (or other 

13 board designated to review the acquisition) sta14 tus of each acquisition, including the current 

15 acquisition phase, the date of the last review, 

16 and a listing of the required documents that 

17 have been reviewed with the dates reviewed or 

18 approved. 

19 ‘‘(C) The most current, approved acquisi20 tion program baseline (including project sched21 ules and events). 

22 ‘‘(D) A comparison of the original acquisi23 tion program baseline, the current acquisition 

24 program baseline, and the current estimate. 


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1 ‘‘(E) Whether or not an independent 

2 verification and validation has been imple3 mented, with an explanation for the decision 

4 and a summary of any findings. 

5 ‘‘(F) A rating of cost risk, schedule risk, 

6 and technical risk associated with the program 

7 (including narrative descriptions and mitigation 

8 actions). 

9 ‘‘(G) Contract status (including earned 

10 value management data as applicable). 

11 ‘‘(H) A life cycle cost of the acquisition, 

12 and time basis for the estimate. 

13 ‘‘(3) UPDATES.—The Under Secretary shall 

14 submit quarterly updates to such report not later 

15 than 45 days after the completion of each quarter. 

16 ‘‘(b) QUARTERLY PROGRAM ACCOUNTABILITY RE17 PORT.—The Under Secretary for Management shall pre18 pare a quarterly program accountability report to meet the 

19 mandate of the Department to perform program health 

20 assessments and improve program execution and govern21 ance. The report shall be submitted to the congressional 

22 homeland security committees. 

23 ‘‘(c) CONGRESSIONAL HOMELAND SECURITY COM24 MITTEES DEFINED.—In this section, the term ‘congres25 sional homeland security committees’ means— 


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1 ‘‘(1) the Committee on Homeland Security of 

2 the House of Representatives and the Committee on 

3 Homeland Security and Governmental Affairs of the 

4 Senate; and 

5 ‘‘(2) the Committee on Appropriations of the 

6 House of Representatives and the Committee on Ap7 propriations of the Senate.’’. 

8 (b) LEVEL 3 ACQUISITION PROGRAMS OF COMPO9 NENTS OF THE DEPARTMENT.— 

10 (1) IN GENERAL.—Not later than 60 days after 

11 the date of the enactment of this Act, component 

12 heads of the Department of Homeland Security shall 

13 identify to the Under Secretary for Management of 

14 the Department all level 3 acquisition programs of 

15 each respective component. Not later than 30 days 

16 after receipt of such information, the Under Sec17 retary shall certify in writing to the congressional 

18 homeland security committees whether such compo19 nent heads have properly identified such programs. 

20 To carry out this paragraph, the Under Secretary 

21 shall establish a process with a repeatable method22 ology to continually identify level 3 acquisition pro23 grams. 

24 (2) POLICIES AND GUIDANCE.—Not later than 

25 180 days after the date of the enactment of this Act, 


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1 component heads of the Department of Homeland 

2 Security shall submit to the Under Secretary for 

3 Management of the Department their respective 

4 policies and relevant guidance for level 3 acquisition 

5 programs of each respective component. Not later 

6 than 90 days after receipt of such policies and guid7 ance, the Under Secretary for Management shall 

8 certify to the congressional homeland security com9 mittees that each component’s respective policies 

10 and guidance adhere to Department-wide acquisition 

11 policies. 

12 (c) CLERICAL AMENDMENT.—The table of contents 

13 in section 1(b) of such Act is amended by inserting after 

14 the item relating to section 838, as added by this title, 

15 the following new item: 

‘‘Sec. 839. Acquisition reports.’’. 

16 SEC. 131. PROHIBITION ON OPERATION OR PROCUREMENT 

17 OF FOREIGN-MADE UNMANNED AIRCRAFT 

18 SYSTEMS. 

19 (a) PROHIBITION ON AGENCY OPERATION OR PRO20 CUREMENT.—The Secretary of Homeland Security may 

21 not operate, provide financial assistance for, or enter into 

22 or renew a contract for the procurement of— 

23 (1) an unmanned aircraft system (UAS) that— 


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1 (A) is manufactured in a covered foreign 

2 country or by a corporation domiciled in a cov3 ered foreign country; 

4 (B) uses flight controllers, radios, data 

5 transmission devices, cameras, or gimbals man6 ufactured in a covered foreign country or by a 

7 corporation domiciled in a covered foreign coun8 try; 

9 (C) uses a ground control system or oper10 ating software developed in a covered foreign 

11 country or by a corporation domiciled in a cov12 ered foreign country; or 

13 (D) uses network connectivity or data stor14 age located in or administered by a corporation 

15 domiciled in a covered foreign country; or 

16 (2) a system manufactured in a covered foreign 

17 country or by a corporation domiciled in a covered 

18 foreign country for the detection or identification of 

19 covered unmanned aircraft systems. 

20 (b) WAIVER.—The Secretary of Homeland Security 

21 may waive the prohibition under subsection (a) on a case 

22 by case basis by certifying in writing to the Committee 

23 on Homeland Security of the House of Representatives 

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1 mental Affairs of the Senate that the operation or procure2 ment that is the subject of such a waiver is required— 

3 (1) in the national interest of the United 

4 States; 

5 (2) for counter-UAS surrogate testing and 

6 training; or 

7 (3) for intelligence, electronic warfare, or infor8 mation warfare operations, testing, analysis, and or 

9 training. 

10 (c) DEFINITIONS.—In this section: 

11 (1) COVERED FOREIGN COUNTRY.—The term 

12 ‘‘covered foreign country’’ means a country labeled 

13 as a strategic competitor in the ‘‘Summary of the 

14 2018 National Defense Strategy of the United 

15 States of America: Sharpening the American Mili16 tary’s Competitive Edge’’ issued by the Department 

17 of Defense pursuant to section 113 of title 10, 

18 United States Code. 

19 (2) COVERED UNMANNED AIRCRAFT SYSTEM.— 

20 The term ‘‘unmanned aircraft system’’ has the 

21 meaning given such term in section 331 of the FAA 

22 Modernization and Reform Act of 2012 (Public Law 

23 112–95; 49 U.S.C. 44802 note). 


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1 SEC. 132. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC 

2 IDENTITY MANAGEMENT. 

3 (a) IN GENERAL.—Title VII of the Homeland Secu4 rity Act of 2002 (6 U.S.C. 341 et seq.), as amended by 

5 this title, is further amended by adding at the end the 

6 following new section: 

7 ‘‘SEC. 715. OFFICE OF BIOMETRIC IDENTITY MANAGEMENT. 

8 ‘‘(a) ESTABLISHMENT.—The Office of Biometric 

9 Identity Management is established within the Manage10 ment Directorate of the Department. 

11 ‘‘(b) DIRECTOR.— 

12 ‘‘(1) IN GENERAL.—The Office of Biometric 

13 Identity Management shall be administered by the 

14 Director of the Office of Biometric Identity Manage15 ment (in this section referred to as the ‘Director’) 

16 who shall report to the Secretary, or to another offi17 cial of the Department, as the Secretary may direct. 

18 ‘‘(2) QUALIFICATIONS AND DUTIES.—The Di19 rector shall— 

20 ‘‘(A) have significant professional manage21 ment experience, as well as experience in the 

22 field of biometrics and identity management; 

23 ‘‘(B) lead the Department’s biometric iden24 tity services to support efforts and activities re25 lating to anti-terrorism, counter-terrorism, borVerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H8309.IH H8309

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1 der security, credentialing, national security, 

2 and public safety; 

3 ‘‘(C) enable operational missions across the 

4 Department by receiving, matching, storing, 

5 sharing, and analyzing biometric and associated 

6 biographic and encounter data; 

7 ‘‘(D) deliver biometric identity information 

8 and analysis capabilities to— 

9 ‘‘(i) the Department and its compo10 nents; 

11 ‘‘(ii) appropriate Federal, State, local, 

12 and tribal agencies; 

13 ‘‘(iii) appropriate foreign govern14 ments; and 

15 ‘‘(iv) appropriate private sector enti16 ties; 

17 ‘‘(E) support the law enforcement, public 

18 safety, national security, and homeland security 

19 missions of other Federal, State, local, and trib20 al agencies, as appropriate; 

21 ‘‘(F) manage the operation of the Depart22 ment’s primary biometric repository and identi23 fication system; 

24 ‘‘(G) manage Biometric Support Centers 

25 to provide biometric identification and 


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1 verification analysis and services to the Depart2 ment, appropriate Federal, State, local, and 

3 tribal agencies, appropriate foreign govern4 ments, and appropriate private sector entities; 

5 ‘‘(H) oversee the implementation of De6 partment-wide standards for biometric con7 formity, and work to make such standards Gov8 ernment-wide; 

9 ‘‘(I) in coordination with the Department’s 

10 Office of Strategy, Policy, and Plans, and in 

11 consultation with relevant component offices 

12 and headquarters offices, enter into data shar13 ing agreements with appropriate Federal, State, 

14 local, and foreign agencies to support immigra15 tion, law enforcement, national security, and 

16 public safety missions; 

17 ‘‘(J) maximize interoperability with other 

18 Federal, State, local, and foreign biometric sys19 tems, as appropriate; 

20 ‘‘(K) ensure the activities of the Office of 

21 Biometric Identity Management are carried out 

22 in compliance with the policies and procedures 

23 established by the Privacy Officer appointed 

24 under section 222; and 


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1 ‘‘(L) carry out other duties and powers 

2 prescribed by law or delegated by the Secretary. 

3 ‘‘(c) DEPUTY DIRECTOR.—There shall be in the Of4 fice of Biometric Identity Management a Deputy Director, 

5 who shall assist the Director in the management of the 

6 Office. 

7 ‘‘(d) OTHER AUTHORITIES.— 

8 ‘‘(1) IN GENERAL.—The Director may establish 

9 such other offices within the Office of Biometric 

10 Identity Management as the Director determines 

11 necessary to carry out the missions, duties, func12 tions, and authorities of the Office. 

13 ‘‘(2) NOTIFICATION.—If the Director exercises 

14 the authority provided by paragraph (1), the Direc15 tor shall notify the Committee on Homeland Secu16 rity of the House of Representatives and the Com17 mittee on Homeland Security and Governmental Af18 fairs of the Senate not later than 30 days before ex19 ercising such authority.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 in section 1(b) of the Homeland Security Act of 2002 is 

22 amended by inserting after the item relating to section 

23 714, as added by this title, the following new item: 

‘‘Sec. 715. Office of Biometric Identity Management.’’. 


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1 Subtitle C—Management of 

2 Programs 

3 SEC. 141. DEPARTMENT OF HOMELAND SECURITY EN4 HANCED HIRING. 

5 (a) APPOINTMENT AUTHORITY FOR VETERANS.— 

6 Notwithstanding sections 3309 through 3319, 3327, and 

7 3330 of title 5, United States Code, the Secretary of 

8 Homeland Security may noncompetitively appoint a quali9 fied veteran to a position in the competitive service within 

10 the Department of Homeland Security. 

11 (b) PUBLIC HIRING AUTHORITY.— 

12 (1) IN GENERAL.—The Secretary of Homeland 

13 Security may, notwithstanding sections 3309 

14 through 3319, 3327, and 3330 of title 5, United 

15 States Code, noncompetitively appoint a qualified 

16 candidate to a position in the competitive service if 

17 the Secretary determines such position is critical to 

18 the mission of the Department. 

19 (2) CONDITIONS.— 

20 (A) 20 PERCENT OR GREATER.—The Sec21 retary of Homeland Security may exercise the 

22 authority under paragraph (1) in any calendar 

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1 ian workforce at the end of the preceding fiscal 

2 year was 20 percent or greater. 

3 (B) LESS THAN 20 PERCENT.—In the 

4 event the representation of veterans within the 

5 Department of Homeland Security in a fiscal 

6 year does not meet or exceed the level identified 

7 in subparagraph (A), the Secretary may exer8 cise the authority under this section for the fol9 lowing calendar year provided that the total 

10 number of qualified candidates appointed under 

11 this section does not exceed 20 percent of the 

12 total number of positions that the Department 

13 of Homeland Security filled during the pre14 ceding fiscal year. 

15 (c) REGULATIONS.—The Secretary of Homeland Se16 curity may prescribe regulations to carry out this section 

17 and any such regulations shall be exempt from the require18 ments of section 553 of title 5, United States Code, as 

19 a matter relating to agency management or personnel. 

20 (d) INFORMATION AND REPORT.— 

21 (1) INFORMATION.—The Secretary of Home22 land Security shall, not later than December 31 of 

23 each calendar year, provide to the Director of the 

24 Office of Personnel Management identification of the 

25 mission critical occupations to which the Secretary 


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1 appointed qualified candidates under subsection (b) 

2 during the preceding fiscal year. 

3 (2) REPORT.—The Secretary of Homeland Se4 curity shall annually report to Congress on the effec5 tiveness of the use of the authority under this sec6 tion regarding the length of time to hire individuals, 

7 employee retention, and vacancies within the Depart8 ment of Homeland Security. 

9 (e) DEFINITIONS.—In this section— 

10 (1) the term ‘‘veteran’’ means an individual 

11 who— 

12 (A)(i) has served on active duty in the 

13 Armed Forces; and 

14 (ii) was discharged or released from active 

15 duty in the Armed Forces under honorable con16 ditions; or 

17 (B) is preference eligible, as defined in sec18 tion 2108 of title 5, United States Code; and 

19 (2) the term ‘‘mission critical occupation’’ 

20 means those occupations that affect the ability to 

21 achieve the agency’s mission. 

22 SEC. 142. FITNESS STANDARDS. 

23 (a) STRATEGY FOR FITNESS STANDARDIZATION.— 

24 Not later than 180 days after the date of the enactment 

25 of this Act, the Secretary of Homeland Security, acting 


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1 through the Chief Security Officer of the Department of 

2 Homeland Security and in coordination with heads of the 

3 components of the Department, shall— 

4 (1) develop a strategy and timeline for imple5 mentation and use of uniform fitness standards that 

6 correspond to the relevant position risk level as the 

7 basis for fitness determinations for a contractor em8 ployee across the Department of Homeland Security; 

9 and 

10 (2) ensure such strategy includes a system of 

11 reciprocity across the Department. 

12 (b) LENGTH OF TIME FOR FITNESS REVIEW.—The 

13 Secretary of Homeland Security, acting through the Chief 

14 Security Officer of the Department of Homeland Security, 

15 shall collect data to allow the Department and its compo16 nents and contractor representatives to assess average fit17 ness investigation, adjudication, and determination proc18 essing times for each component of the Department, in19 cluding information regarding the parameters used to cal20 culate each such average. 

21 (c) STUDY ON FITNESS ADJUDICATION STATUS UP22 DATES.—Not later than one year after the date of the en23 actment of this Act, the Secretary of Homeland Security, 

24 acting through the Chief Security Officer of the Depart25 ment of Homeland Security, shall enter into a contract 


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1 with a federally funded research and development center 

2 (FFRDC) to conduct a cost benefit analysis for estab3 lishing a uniform process to provide contractor representa4 tives access to information regarding the status of fitness 

5 determinations for Department contractor employees rel6 evant to such contractor representatives. 

7 SEC. 143. TRAINING TO PROTECT THE VULNERABLE. 

8 (a) TRAINING EXPANSION.—Section 884(c) of the 

9 Homeland Security Act of 2002 (6 U.S.C. 464) is amend10 ed— 

11 (1) in paragraph (9), by striking ‘‘and’’ at the 

12 end; 

13 (2) by redesignating paragraph (10) as para14 graph (11); and 

15 (3) by inserting after paragraph (9) and insert16 ing the following new paragraphs: 

17 ‘‘(10) conduct training programs for Federal, 

18 State, local, Tribal, and territorial law enforcement 

19 agencies related to human smuggling and trafficking 

20 along the United States border, at airport security 

21 checkpoints, and within the interior of the United 

22 States; and’’. 

23 (b) FLETC HUMAN TRAFFICKING AWARENESS

24 TRAINING PROGRAM.—The Director, in consultation with 

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1 vide training to Federal, State, local, Tribal, territorial, 

2 and international law enforcement personnel, as appro3 priate, related to— 

4 (1) identifying instances of human trafficking; 

5 (2) the types of information that should be col6 lected and recorded in information technology sys7 tems utilized by the Department to help identify in8 dividuals suspected or convicted of human traf9 ficking; 

10 (3) how to conduct systematic and routine in11 formation sharing within the Department and 

12 among Federal, State, Tribal, and local law enforce13 ment agencies regarding— 

14 (A) individuals suspected or convicted of 

15 human trafficking; and 

16 (B) patterns and practices of human traf17 ficking; 

18 (4) techniques to identify suspected victims of 

19 trafficking along the United States border and at 

20 airport security checkpoints; and 

21 (5) methods to be used by the Transportation 

22 Security Administration and personnel from other 

23 appropriate agencies to— 


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1 (A) train employees of the Transportation 

2 Security Administration to identify suspected 

3 victims of trafficking; and 

4 (B) serve as a liaison and resource regard5 ing human trafficking prevention to appropriate 

6 State, local, and private sector aviation workers 

7 and the traveling public. 

8 SEC. 144. DEPARTMENT OF HOMELAND SECURITY BLUE 

9 CAMPAIGN ENHANCEMENT. 

10 Section 434 of the Homeland Security Act of 2002 

11 (6 U.S.C. 242) is amended by adding at the end the fol12 lowing new subsections: 

13 ‘‘(f) WEB-BASED TRAINING PROGRAMS.—To en14 hance training opportunities, the Director of the Blue 

15 Campaign shall develop web-based interactive training vid16 eos that utilize a learning management system to provide 

17 online training opportunities that shall be made available 

18 to the following individuals: 

19 ‘‘(1) Federal, State, local, Tribal, and territorial 

20 law enforcement officers. 

21 ‘‘(2) Detention and correction system personnel. 

22 ‘‘(3) Such other individuals as the Director de23 termines appropriate. 

24 ‘‘(g) BLUE CAMPAIGN ADVISORY BOARD.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall estab2 lish within the Department a Blue Campaign Advi3 sory Board and shall assign to such Board a rep4 resentative from each of the following components: 

5 ‘‘(A) The Transportation Security Admin6 istration. 

7 ‘‘(B) U.S. Customs and Border Protection. 

8 ‘‘(C) U.S. Immigration and Customs En9 forcement. 

10 ‘‘(D) The Federal Law Enforcement 

11 Training Center. 

12 ‘‘(E) The United States Secret Service. 

13 ‘‘(F) Any other components or offices the 

14 Secretary determines appropriate. 

15 ‘‘(2) CONSULTATION.—The Director shall con16 sult the Board established pursuant to paragraph 

17 (1) regarding the following: 

18 ‘‘(A) Trends and patterns in human traf19 ficking to inform the development of training 

20 and materials by the Blue Campaign. 

21 ‘‘(B) The development of effective aware22 ness campaigns for Federal and non-Federal of23 ficials to identify and prevent instances of 

24 human trafficking. 


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1 ‘‘(C) Outreach to persons or entities that 

2 may be uniquely positioned to recognize signs of 

3 human trafficking and provide assistance in the 

4 development of materials for such persons. 

5 ‘‘(3) APPLICABILITY.—The Federal Advisor 

6 Committee Act (5 U.S.C. App.) does not apply to— 

7 ‘‘(A) the Board; or 

8 ‘‘(B) consultations under paragraph (2). 

9 ‘‘(h) CONSULTATION.—With regard to the develop10 ment of programs under the Blue Campaign and the im11 plementation of such programs, the Director is authorized 

12 to consult with State, local, Tribal, and territorial agen13 cies, non-governmental organizations, private sector orga14 nizations, and experts. Such consultation shall be exempt 

15 from the Federal Advisory Committee Act (5 U.S.C. 

16 App.).’’. 

17 TITLE II—INTELLIGENCE AND 

18 INFORMATION SHARING 

19 Subtitle A—DHS Intelligence 

20 Enterprise 

21 SEC. 201. ANNUAL HOMELAND THREAT ASSESSMENTS. 

22 (a) IN GENERAL.—Subtitle A of title II of the Home23 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend24 ed by adding at the end the following new section: 


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1 ‘‘SEC. 210H. HOMELAND THREAT ASSESSMENTS. 

2 ‘‘(a) IN GENERAL.—Not later than 180 days after 

3 the date of the enactment of this section and for each of 

4 the next five fiscal years (beginning in the fiscal year that 

5 begins after the date of the enactment of this section) the 

6 Secretary, acting through the Under Secretary for Intel7 ligence and Analysis, and using departmental information, 

8 including component information, and information pro9 vided through State and major urban area fusion centers, 

10 shall conduct an assessment of the terrorist threat to the 

11 homeland. 

12 ‘‘(b) CONTENTS.—Each assessment under subsection 

13 (a) shall include the following: 

14 ‘‘(1) Empirical data assessing terrorist activi15 ties and incidents over time in the United States, in16 cluding terrorist activities and incidents planned or 

17 supported by persons outside of the United States 

18 targeting the homeland. 

19 ‘‘(2) An evaluation of current terrorist tactics, 

20 as well as ongoing and possible future changes in 

21 terrorist tactics. 

22 ‘‘(3) An assessment of criminal activity encoun23 tered or observed by officers or employees of compo24 nents in the field which is suspected of financing ter25 rorist activity. 


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1 ‘‘(4) Detailed information on all individuals de2 nied entry to or removed from the United States as 

3 a result of material support provided to a foreign 

4 terrorist organization (as such term is used in sec5 tion 219 of the Immigration and Nationality Act (8 

6 U.S.C. 1189)). 

7 ‘‘(5) The efficacy and spread of foreign ter8 rorist organization propaganda, messaging, or re9 cruitment. 

10 ‘‘(6) An assessment of threats, including cyber 

11 threats, to the homeland, including to critical infra12 structure and Federal civilian networks. 

13 ‘‘(7) An assessment of current and potential 

14 terrorism and criminal threats posed by individuals 

15 and organized groups seeking to unlawfully enter the 

16 United States. 

17 ‘‘(8) An assessment of threats to the transpor18 tation sector, including surface and aviation trans19 portation systems. 

20 ‘‘(c) ADDITIONAL INFORMATION.—The assessments 

21 required under subsection (a)— 

22 ‘‘(1) shall, to the extent practicable, utilize ex23 isting component data collected from the field; and 

24 ‘‘(2) may incorporate relevant information and 

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1 ment, agencies of State and local governments (in2 cluding law enforcement agencies), as well as the 

3 private sector, disseminated in accordance with 

4 standard information sharing procedures and poli5 cies. 

6 ‘‘(d) FORM.—The assessments required under sub7 section (a) shall be shared with the appropriate congres8 sional committees and submitted in classified form, but— 

9 ‘‘(1) shall include unclassified summaries; and 

10 ‘‘(2) may include unclassified annexes, if appro11 priate.’’. 

12 (b) CONFORMING AMENDMENT.—Subsection (d) of 

13 section 201 of the Homeland Security Act of 2002 (6 

14 U.S.C. 121) is amended by adding at the end the following 

15 new paragraph: 

16 ‘‘(24) To carry out section 210H (relating to 

17 homeland threat assessments).’’. 

18 (c) CLERICAL AMENDMENT.—The table of contents 

19 of the Homeland Security Act of 2002 is amended by in20 serting after the item relating to section 210G the fol21 lowing new item: 

‘‘Sec. 210H. Homeland threat assessments.’’. 

22 SEC. 202. HOMELAND INTELLIGENCE DOCTRINE. 

23 (a) IN GENERAL.—Subtitle A of title II of the Home24 land Security Act of 2002 (6 U.S.C. 121 et seq.), as 


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1 amended by this title, is further amended by adding at 

2 the end the following new section: 

3 ‘‘SEC. 210I. HOMELAND INTELLIGENCE DOCTRINE. 

4 ‘‘(a) IN GENERAL.—Not later than 180 days after 

5 the date of the enactment of this section, the Secretary, 

6 acting through the Chief Intelligence Officer of the De7 partment, in coordination with intelligence components of 

8 the Department, the Office of the General Counsel, the 

9 Privacy Office, and the Office for Civil Rights and Civil 

10 Liberties, shall develop and disseminate written Depart11 ment-wide guidance for the processing, analysis, produc12 tion, and dissemination of homeland security information 

13 (as such term is defined in section 892) and terrorism in14 formation (as such term is defined in section 1016 of the 

15 Intelligence Reform and Terrorism Prevention Act of 

16 2004 (6 U.S.C. 485)). 

17 ‘‘(b) CONTENTS.—The guidance required under sub18 section (a) shall, at a minimum, include the following: 

19 ‘‘(1) A description of guiding principles and 

20 purposes of the Department’s intelligence enterprise. 

21 ‘‘(2) A summary of the roles, responsibilities, 

22 and programs of each intelligence component of the 

23 Department in the processing, analysis, production, 

24 or dissemination of homeland security information 

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1 thorities and restrictions applicable to each such in2 telligence component. 

3 ‘‘(3) Guidance for the processing, analysis, and 

4 production of such information. 

5 ‘‘(4) Guidance for training necessary for appro6 priate personnel to process, analyze, produce, and 

7 disseminate homeland security information and ter8 rorism information. 

9 ‘‘(5) Guidance for the dissemination of such in10 formation, including within the Department, among 

11 and between Federal departments and agencies, 

12 among and between State, local, Tribal, and terri13 torial governments, including law enforcement, and 

14 with foreign partners and the private sector, con15 sistent with the protection of privacy, civil rights, 

16 and civil liberties. 

17 ‘‘(6) A description of how the dissemination to 

18 the intelligence community (as such term is defined 

19 in section 3(4) of the National Security Act of 1947 

20 (50 U.S.C. 3003(4))) and Federal law enforcement 

21 of such information assists such entities in carrying 

22 out their respective missions. 

23 ‘‘(c) FORM.—The guidance required under subsection 

24 (a) shall be submitted in unclassified form, but may in25 clude a classified annex. 


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1 ‘‘(d) ANNUAL REVIEW.—For each of the 5 fiscal 

2 years beginning with the first fiscal year that begins after 

3 the date of the enactment of this section, the Secretary 

4 shall conduct a review of the guidance required under sub5 section (a) and, as appropriate, revise such guidance.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 in section 1(b) of the Homeland Security Act of 2002 is 

8 amended by inserting after the item relating to section 

9 210H, as added by title, the following new item: 

‘‘Sec. 210I. Homeland intelligence doctrine.’’. 

10 SEC. 203. COMPTROLLER GENERAL ASSESSMENT. 

11 (a) ANNUAL ASSESSMENT REQUIRED.—Not later 

12 than 1 year after the date of the enactment of this Act 

13 and again not later than 5 years thereafter, the Comp14 troller General of the United States shall submit to the 

15 Committee on Homeland Security of the House of Rep16 resentatives and the Committee on Homeland Security 

17 and Governmental Affairs of the Senate an assessment of 

18 the degree to which guidance established pursuant to sec19 tion 210I of the Homeland Security Act of 2002 (as added 

20 by section 202) is implemented across the Department of 

21 Homeland Security. Such assessment should evaluate the 

22 extent to which such guidance is carried out in a manner 

23 that protects privacy, civil rights, and civil liberties. 


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1 (b) ELEMENTS OF ASSESSMENT.—In conducting 

2 each assessment under subsection (a), the Comptroller 

3 General of the United States shall— 

4 (1) use standard methodology and reporting 

5 formats in order to demonstrate and display any 

6 changes over time; and 

7 (2) include any other subject matter the Comp8 troller General determines appropriate. 

9 (c) ACCESS TO RELEVANT DATA.—To carry out this 

10 section, the Secretary of Homeland Security shall ensure 

11 that the Comptroller General of the United States has ac12 cess to all relevant data. 

13 SEC. 204. ANALYSTS FOR THE CHIEF INTELLIGENCE OFFI14 CER. 

15 Paragraph (1) of section 201(e) of the Homeland Se16 curity Act of 2002 (6 U.S.C. 121(e)) is amended by add17 ing at the end the following new sentence: ‘‘The Secretary 

18 shall also provide the Chief Intelligence Officer with a 

19 staff having appropriate expertise and experience to assist 

20 the Chief Intelligence Officer.’’. 

21 SEC. 205. ESTABLISHMENT OF INSIDER THREAT PROGRAM. 

22 (a) IN GENERAL.—Title I of the Homeland Security 

23 Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding 

24 at the end the following new section: 


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1 ‘‘SEC. 104. INSIDER THREAT PROGRAM. 

2 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab3 lish an Insider Threat Program within the Department. 

4 Such Program shall— 

5 ‘‘(1) provide training and education for Depart6 ment personnel to identify, prevent, mitigate, and re7 spond to insider threat risks to the Department’s 

8 critical assets; 

9 ‘‘(2) provide investigative support regarding po10 tential insider threats that may pose a risk to the 

11 Department’s critical assets; and 

12 ‘‘(3) conduct risk mitigation activities for in13 sider threats. 

14 ‘‘(b) STEERING COMMITTEE.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall estab16 lish a Steering Committee within the Department. 

17 The Under Secretary for Intelligence and Analysis 

18 shall serve as the Chair of the Steering Committee. 

19 The Chief Security Officer shall serve as the Vice 

20 Chair. The Steering Committee shall be comprised 

21 of representatives of the Office of Intelligence and 

22 Analysis, the Office of the Chief Information Officer, 

23 the Office of the General Counsel, the Office for 

24 Civil Rights and Civil Liberties, the Privacy Office, 

25 the Office of the Chief Human Capital Officer, the 

26 Office of the Chief Financial Officer, the Federal 


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1 Protective Service, the Office of the Chief Procure2 ment Officer, the Science and Technology Direc3 torate, and other components or offices of the De4 partment as appropriate. Such representatives shall 

5 meet on a regular basis to discuss cases and issues 

6 related to insider threats to the Department’s crit7 ical assets, in accordance with subsection (a). 

8 ‘‘(2) RESPONSIBILITIES.—Not later than one 

9 year after the date of the enactment of this section, 

10 the Under Secretary for Intelligence and Analysis 

11 and the Chief Security Officer, in coordination with 

12 the Steering Committee established pursuant to 

13 paragraph (1), shall carry out the following: 

14 ‘‘(A) Develop a holistic strategy for De15 partment-wide efforts to identify, prevent, miti16 gate, and respond to insider threats to the De17 partment’s critical assets. 

18 ‘‘(B) Develop a plan to implement the in19 sider threat measures identified in the strategy 

20 developed under subparagraph (A) across the 

21 components and offices of the Department. 

22 ‘‘(C) Document insider threat policies and 

23 controls. 


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1 ‘‘(D) Conduct a baseline risk assessment of 

2 insider threats posed to the Department’s crit3 ical assets. 

4 ‘‘(E) Examine existing programmatic and 

5 technology best practices adopted by the Fed6 eral Government, industry, and research insti7 tutions to implement solutions that are vali8 dated and cost-effective. 

9 ‘‘(F) Develop a timeline for deploying 

10 workplace monitoring technologies, employee 

11 awareness campaigns, and education and train12 ing programs related to identifying, preventing, 

13 mitigating, and responding to potential insider 

14 threats to the Department’s critical assets. 

15 ‘‘(G) Require the Chair and Vice Chair of 

16 the Steering Committee to consult with the 

17 Under Secretary for Science and Technology 

18 and other appropriate stakeholders to ensure 

19 the Insider Threat Program is informed, on an 

20 ongoing basis, by current information regarding 

21 threats, beset practices, and available tech22 nology. 

23 ‘‘(H) Develop, collect, and report metrics 

24 on the effectiveness of the Department’s insider 

25 threat mitigation efforts. 


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1 ‘‘(c) DEFINITIONS.—In this section: 

2 ‘‘(1) CRITICAL ASSETS.—The term ‘critical as3 sets’ means the people, facilities, information, and 

4 technology required for the Department to fulfill its 

5 mission. 

6 ‘‘(2) INSIDER.—The term ‘insider’ means— 

7 ‘‘(A) any person who has access to classi8 fied national security information and is em9 ployed by, detailed to, or assigned to the De10 partment, including members of the Armed 

11 Forces, experts or consultants to the Depart12 ment, industrial or commercial contractors, li13 censees, certificate holders, or grantees of the 

14 Department, including all subcontractors, per15 sonal services contractors, or any other category 

16 of person who acts for or on behalf of the De17 partment, as determined by the Secretary; or 

18 ‘‘(B) State, local, Tribal, territorial, and 

19 private sector personnel who possess security 

20 clearances granted by the Department. 

21 ‘‘(3) INSIDER THREAT.—The term ‘insider 

22 threat’ means the threat that an insider will use his 

23 or her authorized access, wittingly or unwittingly, to 

24 do harm to the security of the United States, includ25 ing damage to the United States through espionage, 


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1 terrorism, the unauthorized disclosure of classified 

2 national security information, or through the loss or 

3 degradation of departmental resources or capabili4 ties.’’. 

5 (b) REPORTING.— 

6 (1) IN GENERAL.—Not later than two years 

7 after the date of the enactment of section 104 of the 

8 Homeland Security Act of 2002 (as added by sub9 section (a) of this section) and biennially thereafter 

10 for the next four years, the Secretary of Homeland 

11 Security shall submit to the Committee on Home12 land Security and the Permanent Select Committee 

13 on Intelligence of the House of Representatives and 

14 the Committee on Homeland Security and Govern15 mental Affairs and the Select Committee on Intel16 ligence of the Senate a report on how the Depart17 ment of Homeland Security and its components and 

18 offices have implemented the strategy developed pur19 suant to subsection (b)(2)(A) of such section 104, 

20 the status of the Department’s risk assessment of 

21 critical assets, the types of insider threat training 

22 conducted, the number of Department employees 

23 who have received such training, and information on 

24 the effectiveness of the Insider Threat Program (es25 tablished pursuant to subsection (a) of such section 


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1 104), based on metrics developed, collected, and re2 ported pursuant to subsection (b)(2)(H) of such sec3 tion 104. 

4 (2) DEFINITIONS.—In this subsection, the 

5 terms ‘‘critical assets’’, ‘‘insider’’, and ‘‘insider 

6 threat’’ have the meanings given such terms in sec7 tion 104 of the Homeland Security Act of 2002 (as 

8 added by subsection (a) of this section). 

9 (c) CLERICAL AMENDMENT.—The table of contents 

10 in section 1(b) of the Homeland Security Act of 2002 is 

11 amended by inserting after the item relating to section 

12 103 the following new item: 

‘‘Sec. 104. Insider Threat Program.’’. 

13 SEC. 206. DEPARTMENT OF HOMELAND SECURITY COUN14 TERINTELLIGENCE VETTING TASK FORCE. 

15 (a) ESTABLISHMENT.—Not later than 180 days after 

16 the date of the enactment of this Act, the Secretary of 

17 Homeland Security shall assign personnel of the Depart18 ment of Homeland Security to participate in a counter19 intelligence vetting task force to make recommendations 

20 to improve counterintelligence vetting for appropriate de21 partmental programs. 

22 (b) PERSONNEL.—In carrying out subsection (a), the 

23 Secretary of Homeland Security may assign personnel 

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1 curity the Secretary determines necessary to participate 

2 in the task force established pursuant to such subsection. 

3 (c) COORDINATION.—In carrying out subsection (a), 

4 the Secretary of Homeland Security may request partici5 pation in the task force established pursuant to such sub6 section from other appropriate Federal agencies. 

7 (d) REPORT.—Not later than one year after the date 

8 of the enactment of this Act, the Secretary of Homeland 

9 Security shall submit to the Committee on Homeland Se10 curity of the House of Representatives and the Committee 

11 on Homeland Security and Governmental Affairs of the 

12 Senate a report on the recommendations made by the task 

13 force established pursuant to subsection (a). 

14 SEC. 207. VISA SECURITY. 

15 (a) ESTABLISHMENT.— 

16 (1) IN GENERAL.—Not later than 90 days after 

17 the date of the enactment of this Act, the inter18 agency working group established under section 

19 1746(a) of the National Defense Authorization Act 

20 for Fiscal Year 2020 (Public Law 116–92) shall 

21 commence a review of the current policies and proce22 dures of the Department of Homeland Security and 

23 Department of State for the purpose of identifying, 

24 investigating, and preventing the illicit transfer of 

25 sensitive technologies and research from United 


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1 States institutions of higher education and research 

2 institutions through more effective visa security op3 erations and improved protections for such sensitive 

4 technologies. 

5 (2) OBJECTIVES.— 

6 (A) ANALYSIS OF CURRENT VISA ISSUANCE

7 AND ADMISSION PROCEDURES.—The inter8 agency working group referred to in paragraph 

9 (1) shall— 

10 (i) analyze the current visa applica11 tion process, and the role of the Depart12 ment of Homeland Security and the De13 partment of State in such process, includ14 ing the screening of visa applicants against 

15 appropriate criminal, intelligence, national 

16 security, terrorism, and other databases 

17 and information maintained by the Federal 

18 Government, and make recommendations 

19 to the Secretaries of such Departments to 

20 better screen, identify, and refuse entry to 

21 individuals who seek to enter the United 

22 States to engage in the illicit transfer of 

23 sensitive technologies from United States 

24 institutions of higher educations or re25 search institutions; 


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1 (ii) evaluate current policies for refus2 ing visas on grounds that an individual is 

3 likely to enter the United States to engage 

4 in the illicit transfer of sensitive tech5 nologies and recommend updates to the 

6 Foreign Affairs Manual and other agency 

7 guidance to clarify when and how visas can 

8 be refused on such grounds; and 

9 (iii) analyze current screening proce10 dures at United States ports of entry and 

11 make recommendations to the Secretaries 

12 of such Departments to better identify in13 dividuals who seek to enter the United 

14 States to engage in such illicit transfer of 

15 sensitive technologies. 

16 (B) NATIONAL SECURITY REVIEW OF CER17 TAIN NONIMMIGRANT STUDENTS.—The inter18 agency working group shall recommend proce19 dures and standards for the Department of 

20 Homeland Security, in cooperation with other 

21 appropriate Federal agencies, to conduct na22 tional security reviews of aliens who— 

23 (i) are present in the United States— 

24 (I) in a nonimmigrant classifica25 tion described in subparagraphs (F), 


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1 (J), or (M) of section 101(a)(15) of 

2 the Immigration and Nationality Act 

3 (8 U.S.C. 1101(a)(15)) and change 

4 from a program of study not related 

5 to sensitive technologies to a program 

6 of study or significant coursework, re7 search, or laboratory access related to 

8 sensitive technologies; or 

9 (II) as a nonimmigrant and seek 

10 to change status, pursuant to section 

11 248 of the Immigration and Nation12 ality Act (8 U.S.C. 1258), to that of 

13 a nonimmigrant described in subpara14 graph (F), (J), or (M) of section 

15 101(a)(15) of such Act (8 U.S.C. 

16 1101(a)(15)), for purposes of engag17 ing in a program of study related to 

18 sensitive technologies; and 

19 (ii) as a result of engaging in a pro20 gram of study related to sensitive tech21 nologies, will have access to information re22 lated to operating, installing, maintaining, 

23 repairing, overhauling, or refurbishing sen24 sitive technologies or development activities 

25 related to sensitive technologies. 


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1 (C) IDENTIFYING INDIVIDUALS REQUIRING

2 NATIONAL SECURITY REVIEW.—For purposes of 

3 facilitating the identification of individuals de4 scribed in subparagraph (B)(ii), the interagency 

5 working group shall— 

6 (i) develop a nonpublic list of six-digit 

7 Classification of Instructional Programs 

8 (CIP) codes for programs of study related 

9 to sensitive technologies to be used in re10 porting required by section 641 of the Im11 migration and Nationality Act (8 U.S.C. 

12 1372(d)) and related regulations; 

13 (ii) recommend to the Secretary of 

14 Homeland Security changes, as appro15 priate, to the Student and Exchange Vis16 itor Information System, or other system 

17 designated for such purpose by the Sec18 retary of Homeland Security, to ensure 

19 that individuals who seek to engage in pro20 grams of study but who will not have ac21 cess to information related to operating, 

22 installing, maintaining, repairing, over23 hauling, or refurbishing sensitive tech24 nologies or development activities related 

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1 sarily subjected to national security re2 views; 

3 (iii) recommend to the Secretary of 

4 Homeland Security changes to relevant 

5 regulations to ensure that entities certified 

6 by the Student and Exchange Visitor Pro7 gram routinely and accurately report the 

8 program of study and other necessary in9 formation in the Student and Exchange 

10 Visitor Information System, or other sys11 tem designated for such purpose by the 

12 Secretary of Homeland Security, for each 

13 nonimmigrant described in subparagraph 

14 (F), (J), or (M) of section 101(a)(15) of 

15 the Immigration and Nationality Act (8 

16 U.S.C. 1101(a)(15)) who is enrolled in 

17 such entity; and 

18 (iv) identify mechanisms for the De19 partment of Homeland Security, in co20 operation with other appropriate Federal 

21 agencies, to order the removal of and make 

22 ineligible for future nonimmigrant classi23 fication described in subparagraphs (F), 

24 (J), or (M) of section 101(a)(15) of the 

25 Immigration and Nationality Act (8 U.S.C. 


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1 1101(a)(15)) individuals who may be iden2 tified following pursuant to national secu3 rity reviews conducted in accordance with 

4 subparagraph (B). 

5 (D) IDENTIFYING GAPS IN AUTHORITY TO

6 ADDRESS NATIONAL SECURITY THREATS.—Not 

7 later than one year after the date of the enact8 ment of this Act, the interagency working group 

9 shall identify deficiencies in existing legal au10 thorities determined to be an impediment in 

11 achieving the recommendations described in 

12 clauses (ii) and (iii) of subparagraph (C), and 

13 recommend to the appropriate congressional 

14 committees legislative solutions to address such 

15 deficiencies. 

16 (3) COMPOSITION.—In addition to the members 

17 specified in section 1746(a)(2) of the National De18 fense Authorization Act for Fiscal Year 2020 (Pub19 lic Law 116–92), for purposes of carrying out the 

20 review required under paragraph (1), the inter21 agency working group consult with the following: 

22 (A) U.S. Customs and Border Protection, 

23 Office of Field Operations. 


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1 (B) U.S. Immigration and Customs En2 forcement, Student and Exchange Visitor Pro3 gram. 

4 (C) U.S. Immigration and Customs En5 forcement, Counterterrorism and Criminal Ex6 ploitation Unit. 

7 (D) U.S. Immigration and Customs En8 forcement, Visa Security Program. 

9 (E) The Department of Homeland Secu10 rity, Office of Intelligence and Analysis. 

11 (F) The Federal Bureau of Investigation. 

12 (G) At least two representatives from the 

13 Department of State, Bureau of Consular Af14 fairs. 

15 (H) Private sector and higher education 

16 personnel, as appropriate and to a degree that 

17 would not detrimentally impact any ongoing law 

18 enforcement investigation or intelligence oper19 ation, as determined by the Secretary of Home20 land Security. 

21 (4) CONSULTATION.—In carrying out the objec22 tives described in paragraph (2), the interagency 

23 working group shall coordinate and consult regularly 

24 with the National Science, Technology, and Security 

25 Roundtable established under section 1746(b) of the 


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1 National Defense Authorization Act for Fiscal Year 

2 2020 (Public Law 116–92). 

3 (5) REPORT.—Not later than one year after the 

4 commencement of the review required under para5 graph (1), the interagency working group shall sub6 mit to the appropriate congressional committees a 

7 report— 

8 (A) detailing the results of such review and 

9 the analyses and evaluation required under 

10 paragraph (2)(A); and 

11 (B) identifying any legislative solutions 

12 necessary to improve the ability of the Depart13 ment of Homeland Security, the Department of 

14 State, or both, to identify, investigate, and pre15 vent the illicit transfer of sensitive technologies 

16 from United States institutions of higher edu17 cation and research institutions as a result of 

18 programs of study related to sensitive tech19 nologies undertaken by aliens described in sub20 paragraph (F), (J), or (M) of section 

21 101(a)(15) of the Immigration and Nationality 

22 Act (8 U.S.C. 1101(a)(15)). 

23 (6) DEFINITIONS.—In this subsection: 

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1 sional committees’’ means the Committee on 

2 Homeland Security, the Committee on the Judi3 ciary, the Committee on Armed Services, and 

4 the Committee on Foreign Affairs of the House 

5 of Representatives and the Committee on 

6 Homeland Security and Governmental Affairs, 

7 the Committee on the Judiciary, the Committee 

8 on Armed Services, and the Committee on For9 eign Relations of the Senate. 

10 (B) INSTITUTION OF HIGHER EDU11 CATION.—The term ‘‘institution of higher edu12 cation’’ has the meaning given such term in 

13 section 101 of the Higher Education Act of 

14 1965 (20 U.S.C. 1001). 

15 (C) PROGRAM OF STUDY.—The term ‘‘pro16 gram of study’’ means any degree program, 

17 field of study, significant coursework, research, 

18 or laboratory access related to sensitive tech19 nologies, or other academic activity required to 

20 be reported pursuant to section 641(a) of the 

21 Omnibus Consolidated Appropriations Act, 

22 1997 (Public Law 104–208 (8 U.S.C. 

23 1372(a))). 

24 (D) SENSITIVE TECHNOLOGIES.—The 

25 term ‘‘sensitive technologies’’ has the meaning 


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1 given such term in paragraph (8) of section 

2 428(e) of the Homeland Security Act of 2002 

3 (6 U.S.C. 236(e)), as added by subsection (b). 

4 (b) AMENDMENTS TO THE HOMELAND SECURITY

5 ACT OF 2002 AND RELATED VISA SECURITY MATTERS.— 

6 (1) PROGRAM SCOPE.—Paragraph (1) of section 

7 428(e) of the Homeland Security Act of 2002 (6 

8 U.S.C. 236(e)) is amended— 

9 (A) by striking ‘‘The Secretary’’ and in10 serting the following: 

11 ‘‘(A) AUTHORIZATION.—The Secretary’’; 

12 and 

13 (B) by adding at the end the following new 

14 subparagraph: 

15 ‘‘(B) RISK-BASED ASSIGNMENTS.— 

16 ‘‘(i) IN GENERAL.—Assignments 

17 under subparagraph (A) shall be made— 

18 ‘‘(I) in a risk-based manner; 

19 ‘‘(II) considering the criteria de20 scribed in clause (ii); and 

21 ‘‘(III) in accordance with Na22 tional Security Decision Directive 38 

23 of June 2, 1982, or any superseding 

24 presidential directive concerning staff25 ing at diplomatic and consular posts. 


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1 ‘‘(ii) CRITERIA DESCRIBED.—The cri2 teria described in this clause are the fol3 lowing: 

4 ‘‘(I) The number of nationals of 

5 the subject country who were identi6 fied in United States Government 

7 databases related to the identities of 

8 known or suspected terrorists during 

9 the previous two years. 

10 ‘‘(II) Information on the coopera11 tion of such country with the counter12 terrorism efforts of the United States. 

13 ‘‘(III) Information analyzing the 

14 presence, activity, or movement of ter15 rorist organizations (as such term is 

16 defined in section 212(a)(3)(B)(vi) of 

17 the Immigration and Nationality Act 

18 (8 U.S.C. 1182(a)(3)(B)(vi))) within 

19 or through such country. 

20 ‘‘(IV) The number of formal ob21 jections and denials based on deroga22 tory information issued through the 

23 interagency Security Advisory Opinion 

24 process. 


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1 ‘‘(V) Countries identified as a 

2 strategic competitor in the ‘Summary 

3 of the 2018 National Defense Strat4 egy of the United States of America: 

5 Sharpening the American Military’s 

6 Competitive Edge’ issued by the De7 partment of Defense pursuant to sec8 tion 113(g)(1)(A) of title 10, United 

9 States Code, or any successor docu10 ment. 

11 ‘‘(VI) The number of cases in12 volving counterintelligence, illicit tech13 nology transfer, and counterprolifera14 tion related to the identities of nation15 als of such country. 

16 ‘‘(VII) Information on the co17 operation of such country with the 

18 counterintelligence, countering non19 traditional collection, illicit technology 

20 transfer, and counterproliferation ef21 forts of the United States, including 

22 information on foreign government23 owned infrastructure and organiza24 tions dedicated to such matters. 


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1 ‘‘(VIII) The adequacy of the bor2 der and immigration control of such 

3 country. 

4 ‘‘(IX) Any other criteria the Sec5 retary determines appropriate. 

6 ‘‘(iii) PRIORITIZATION.—The Sec7 retary shall, until December 31, 2024, 

8 prioritize the establishment of new over9 seas assignments made under this sub10 section to diplomatic and consular posts in 

11 countries that are strategic competitors 

12 with the goal of countering the exploitation 

13 or illicit transfer of sensitive technologies 

14 by aliens described in subparagraph (F), 

15 (J), or (M) of section 101(a)(15) of such 

16 Act (8 U.S.C. 1101(a)(15)).’’. 

17 (2) SCREENING.—Paragraph (2) of section 

18 428(e) of the Homeland Security Act of 2002 (6 

19 U.S.C. 236(e)) is amended— 

20 (A) by redesignating subparagraph (C) as 

21 subparagraph (D); and 

22 (B) by inserting after subparagraph (B) 

23 the following new subparagraph: 

24 ‘‘(C) Review visa applications of aliens 

25 against appropriate criminal, national security, 


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1 and terrorism databases or other relevant infor2 mation maintained by the Federal Government 

3 to improve the detection and examination of 

4 aliens whose entry into the United States would 

5 pose a substantial risk of the illicit transfer of 

6 sensitive technologies.’’. 

7 (3) DEFINITION.—Subsection (e) of section 428 

8 of the Homeland Security Act of 2002 (6 U.S.C. 

9 236(e)) is amended by inserting at the end the fol10 lowing new paragraph: 

11 ‘‘(8) DEFINITION.—In this subsection, the term 

12 ‘sensitive technologies’ means— 

13 ‘‘(A) areas of research or technology that 

14 require additional protection, as established by 

15 the interagency working group in accordance 

16 with section 1746(a)(3)(E)(i)(III) of the Na17 tional Defense Authorization Act for Fiscal 

18 Year 2020 (Public Law 116–92); 

19 ‘‘(B) emerging and foundational tech20 nologies identified through the interagency 

21 process established under section 1758 of the 

22 John S. McCain National Defense Authoriza23 tion Act for Fiscal Year 2019 (Public Law 

24 115–232); 


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1 ‘‘(C) sciences, technologies, and associated 

2 programs of study at an institution of higher 

3 education, related to energy, nuclear science, 

4 nuclear engineering, or a related field for which 

5 an alien who is a citizen of Iran would be de6 nied a visa to participate in coursework pursu7 ant to section 501 of the Iran Threat Reduction 

8 and Syria Human Rights Act of 2012 (22 

9 U.S.C. 8771); and 

10 ‘‘(D) technologies and items included on 

11 the Commerce Control List, the United States 

12 Munitions List, the Nuclear Regulatory Com13 mission Controls, or the Technology Alert 

14 List.’’. 

15 (4) MEMORANDUM OF UNDERSTANDING.—Not 

16 later than 18 months after the date of the enact17 ment of this Act, the Secretary of Homeland Secu18 rity and the Secretary of State shall jointly develop 

19 and submit to the appropriate congressional commit20 tees a memorandum of understanding detailing the 

21 responsibilities of and procedures used by Depart22 ment of Homeland Security personnel assigned to 

23 diplomatic and consular posts under section 428 of 

24 the Homeland Security Act of 2002, as amended by 

25 this subsection, including visa security vetting and 


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1 screening activities, the collection and distribution of 

2 relevant fees, and the sharing of information on visa 

3 refusals based on derogatory information issued 

4 through the interagency Security Advisory Opinion 

5 process. 

6 (5) MACHINE-READABLE TECHNOLOGY PILOT

7 PROGRAM.— 

8 (A) IN GENERAL.—Not later than one year 

9 after the date of the enactment of this Act, the 

10 Secretary of Homeland Security and the Sec11 retary of State shall jointly commence a pilot 

12 program at a United States diplomatic or con13 sular post in a country with a high volume of 

14 individuals who are known to have engaged in 

15 government-sponsored technology transfer cam16 paigns. The pilot program shall— 

17 (i) be conducted for not fewer than 

18 365 days; and 

19 (ii) assess opportunities to enhance 

20 security vetting, including the use of ma21 chine-readable technology and applicant 

22 interviews, to better defend research or 

23 sensitive technologies in the United States 

24 from foreign government-sponsored tech25 nology transfer campaigns. 


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1 (B) MACHINE-READABLE TECHNOLOGY.— 

2 The Secretary of Homeland Security and the 

3 Secretary of State shall jointly, as part of the 

4 pilot program under subparagraph (A)— 

5 (i) deploy and test equipment and 

6 technology to ensure that all documents 

7 collected in connection with visa applica8 tions are stored in a machine-readable and 

9 content-searchable format compatible and 

10 shareable between the Department of 

11 Homeland Security and the Department of 

12 State, and as appropriate, other inter13 agency partners; 

14 (ii) collect supplemental documents 

15 from visa applicants in accordance with the 

16 requirements under subparagraph (A), as 

17 appropriate, and ensure appropriate per18 sonnel from the Department of Homeland 

19 Security and the Department of State have 

20 access to such documents for visa security 

21 vetting purposes; and 

22 (iii) evaluate the use of such tech23 nology and supplemental documents in im24 proving the efficacy and efficiency of visa 

25 security vetting. 


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1 (C) APPLICANT INTERVIEWS.—The Sec2 retary of Homeland Security, in coordination 

3 with the Secretary of State, shall determine 

4 whether additional questions or further docu5 mentation requests may be appropriate during 

6 visa applicant in-person interviews to improve 

7 visa security vetting to address evolving threats 

8 to the United States. 

9 (D) REPORT.—Not later than 420 days 

10 after the initiation of the pilot program under 

11 subparagraph (A), the Secretary of Homeland 

12 Security and the Secretary of State shall jointly 

13 submit to the appropriate congressional com14 mittees and other appropriate Federal partners 

15 a report on the following: 

16 (i) The results of the pilot program. 

17 (ii) Recommendations for machine18 readable and content-searchable equipment 

19 and technology and supplemental docu20 ments under paragraph (2). 

21 (iii) Recommendations for additional 

22 interview questions and further docu23 mentation requests under paragraph (3). 

24 (iv) A determination as to whether 

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1 nologies evaluated during the pilot pro2 gram. 

3 (6) DEFINITIONS.—In this subsection: 

4 (A) APPROPRIATE CONGRESSIONAL COM5 MITTEES.—The term ‘‘appropriate congres6 sional committees’’ means— 

7 (i) the Committee on Homeland Secu8 rity and the Committee on Foreign Affairs 

9 of the House of Representatives; and 

10 (ii) the Committee on Homeland Se11 curity and Governmental Affairs and the 

12 Committee on Foreign Relations of the 

13 Senate. 

14 (B) SCREENING.—The term ‘‘screening’’ 

15 means the review of public, private, or govern16 mental information to assess the accuracy and 

17 authenticity of claims made on a visa applica18 tion, including information contained in Federal 

19 Government records to include derogatory infor20 mation. 

21 (C) SENSITIVE TECHNOLOGIES.—The term 

22 ‘‘sensitive technologies’’ has the meaning given 

23 such term in paragraph (8) of section 428(e) of 

24 the Homeland Security Act of 2002 (6 U.S.C. 

25 236(e)), as added by subsection (a). 


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1 (D) STRATEGIC COMPETITOR.—The term 

2 ‘‘strategic competitor’’ means a country identi3 fied as a strategic competitor to the United 

4 States in the ‘‘Summary of the 2018 National 

5 Defense Strategy of the United States of Amer6 ica: Sharpening the American Military’s Com7 petitive Edge’’ issued by the Department of De8 fense pursuant to section 113(g)(1)(A) of title 

9 10, United States Code, or any successor docu10 ment. 

11 (E) VETTING.—The term ‘‘vetting’’ with 

12 respect to a visa applicant means the review 

13 and use of information collected during screen14 ing, any additional information obtained 

15 through interviews, consultation with other 

16 Federal Government officials, derogatory infor17 mation, and information drawn from other 

18 sources to reach a determination regarding a 

19 national security concern related to the visa ap20 plicant. 

21 SEC. 208. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND 

22 NUCLEAR INTELLIGENCE AND INFORMATION 

23 SHARING. 

24 (a) IN GENERAL.—Subtitle A of title II of the Home25 land Security Act of 2002 (6 U.S.C. 121 et seq.), as 


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1 amended by this title, is further amended by adding at 

2 the end the following new section: 

3 ‘‘SEC. 210J. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND 

4 NUCLEAR INTELLIGENCE AND INFORMATION 

5 SHARING. 

6 ‘‘(a) IN GENERAL.—The Office of Intelligence and 

7 Analysis, in consultation with the Director of the Coun8 tering Weapons of Mass Destruction Office, of the Depart9 ment of Homeland Security shall— 

10 ‘‘(1) support homeland security-focused intel11 ligence analysis of terrorist actors, their claims, and 

12 their plans to conduct attacks involving chemical, bi13 ological, radiological, or nuclear materials against 

14 the United States, including critical infrastructure; 

15 ‘‘(2) support homeland security-focused intel16 ligence analysis of global infectious disease, public 

17 health, food, agricultural, and veterinary issues; 

18 ‘‘(3) support homeland security-focused risk 

19 analysis and risk assessments of the homeland secu20 rity hazards described in paragraphs (1) and (2), in21 cluding the storage and transportation of chemical, 

22 biological, nuclear, and radiological materials, by 

23 providing relevant quantitative and nonquantitative 

24 threat information; 


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1 ‘‘(4) leverage existing and emerging homeland 

2 security intelligence capabilities and structures to 

3 enhance early detection, prevention, protection, re4 sponse, and recovery efforts with respect to a chem5 ical, biological, radiological, or nuclear attack; 

6 ‘‘(5) share information and provide tailored an7 alytical support on such threats to State, local, Trib8 al, and territorial authorities, and other Federal 

9 agencies, as well as relevant national biosecurity and 

10 biodefense stakeholders, as appropriate; and 

11 ‘‘(6) perform other responsibilities, as assigned 

12 by the Secretary. 

13 ‘‘(b) COORDINATION.—Where appropriate, the Office 

14 of Intelligence and Analysis shall coordinate with other 

15 relevant Department components, agencies within the in16 telligence community, including the National Counter Pro17 liferation Center, and other Federal, State, local, Tribal, 

18 and territorial authorities, including officials from high19 threat urban areas, State and major urban area fusion 

20 centers, and local public health departments, as appro21 priate, and enable such entities to provide recommenda22 tions on optimal information sharing mechanisms, includ23 ing expeditious sharing of classified information, and on 

24 how such entities can provide information to the Depart25 ment. 


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1 ‘‘(c) DEFINITIONS.—In this section: 

2 ‘‘(1) INTELLIGENCE COMMUNITY.—The term 

3 ‘intelligence community’ has the meaning given such 

4 term in section 3(4) of the National Security Act of 

5 1947 (50 U.S.C. 3003(4)). 

6 ‘‘(2) NATIONAL BIOSECURITY AND BIODEFENSE

7 STAKEHOLDERS.—The term ‘national biosecurity 

8 and biodefense stakeholders’ means officials from 

9 Federal, State, local, Tribal, and territorial authori10 ties and individuals from the private sector who are 

11 involved in efforts to prevent, protect against, re12 spond to, and recover from a biological attack or 

13 other phenomena that may have serious health con14 sequences for the United States, including infectious 

15 disease outbreaks.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 in section 1(b) of the Homeland Security Act of 2002 is 

18 amended by inserting after the item relating to section 

19 201I, as added by this title, the following new item: 

‘‘Sec. 210J. Chemical, biological, radiological, and nuclear intelligence and information sharing.’’. 

20 (c) REPORT.— 

21 (1) IN GENERAL.—Not later than one year 

22 after the date of the enactment of this Act and an23 nually thereafter for each of the following four years, 

24 the Secretary of Homeland Security shall report to 


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1 the appropriate congressional committees on the fol2 lowing: 

3 (A) The intelligence and information shar4 ing activities under section 210J of the Home5 land Security Act of 2002 (as added by sub6 section (a) of this section) and of all relevant 

7 entities within the Department of Homeland 

8 Security to counter the threat from attacks 

9 using chemical, biological, radiological, or nu10 clear materials. 

11 (B) The Department’s activities in accord12 ance with relevant intelligence strategies. 

13 (2) ASSESSMENT OF IMPLEMENTATION.—The 

14 reports required under paragraph (1) shall include 

15 the following: 

16 (A) An assessment of the progress of the 

17 Office of Intelligence and Analysis of the De18 partment of Homeland Security in imple19 menting such section 210J. 

20 (B) A description of the methods estab21 lished to carry out such assessment. 

22 (3) DEFINITION.—In this subsection, the term 

23 ‘‘appropriate congressional committees’’ means the 

24 Committee on Homeland Security of the House of 

25 Representatives and the Committee on Homeland 


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1 Security and Governmental Affairs of the Senate 

2 and any committee of the House of Representatives 

3 or the Senate having legislative jurisdiction under 

4 the rules of the House of Representatives or Senate, 

5 respectively, over the matter concerned. 

6 SEC. 209. INLAND WATERS THREAT ANALYSIS. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of the enactment of this Act, the Secretary of Home9 land Security shall submit to the appropriate congres10 sional committees an inland waters threat analysis that 

11 includes an identification and description of the following: 

12 (1) Current and potential terrorism and crimi13 nal threats posed by individuals and groups seeking 

14 to— 

15 (A) enter the United States through inland 

16 waters; or 

17 (B) exploit security vulnerabilities on in18 land waters. 

19 (2) Security challenges at United States inland 

20 waters ports regarding— 

21 (A) terrorism and instruments of terror 

22 entering the United States; and 

23 (B) criminal activity, as measured by the 

24 total flow of illegal goods and illicit drugs, re25 lated to the inland waters. 


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1 (3) Security mitigation efforts with respect to 

2 the inland waters to— 

3 (A) prevent terrorists and instruments of 

4 terror from entering the United States; and 

5 (B) reduce criminal activity related to the 

6 inland waters. 

7 (4) Vulnerabilities related to cooperation be8 tween State, local, Tribal, and territorial law en9 forcement, or international agreements, that hinder 

10 effective security, counterterrorism, anti-trafficking 

11 efforts, and the flow of legitimate trade with respect 

12 to inland waters. 

13 (5) Metrics and performance measures used by 

14 the Department of Homeland Security to evaluate 

15 inland waters security, as appropriate. 

16 (b) ANALYSIS REQUIREMENTS.—In preparing the 

17 threat analysis required under subsection (a), the Sec18 retary of Homeland Security shall consider and examine 

19 the following: 

20 (1) Technology needs and challenges. 

21 (2) Personnel needs and challenges. 

22 (3) The roles of State, local, Tribal, and terri23 torial law enforcement, as well as private sector 

24 partners and the public, relating to inland waters se25 curity. 


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1 (4) The need for cooperation among Federal, 

2 State, local, Tribal, territorial, and international 

3 partner law enforcement, as well as private sector 

4 partners and the public, relating to inland waters se5 curity. 

6 (5) The challenges posed by geography with re7 spect to inland waters security. 

8 (c) CLASSIFIED THREAT ANALYSIS.—To the extent 

9 possible, the Secretary of Homeland Security shall submit 

10 the threat analysis required under subsection (a) in un11 classified form. The Secretary may submit a portion of 

12 the threat analysis in classified form if the Secretary de13 termines that such is appropriate. 

14 (d) DEFINITIONS.—In this section: 

15 (1) The term ‘‘appropriate congressional com16 mittees’’ means— 

17 (A) the Committee on Homeland Security 

18 of the House of Representatives; 

19 (B) the Committee on Homeland Security 

20 and Governmental Affairs of the Senate; and 

21 (C) the Committee on Commerce, Science, 

22 and Transportation of the Senate. 

23 (2) The term ‘‘inland waters’’ has the meaning 

24 given such term in section 83.03 of title 33, Code 

25 of Federal Regulations. 


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1 SEC. 210. TRANSNATIONAL CRIMINAL ORGANIZATIONS 

2 THREAT ASSESSMENT. 

3 (a) IN GENERAL.—Not later than 90 days after the 

4 date of the enactment of this Act, the Under Secretary 

5 for Intelligence and Analysis shall, in coordination with 

6 appropriate Federal partners, develop and disseminate a 

7 threat assessment on whether transnational criminal orga8 nizations are exploiting United States border security 

9 vulnerabilities in border security screening programs to 

10 gain access to the United States and threaten the United 

11 States or border security. 

12 (b) RECOMMENDATIONS.—Upon completion of the 

13 threat assessment required under subsection (a), the Sec14 retary of Homeland Security shall make a determination 

15 if any changes are required to address security 

16 vulnerabilities identified in such assessment. 

17 (c) DISTRIBUTION.—Consistent with the protection 

18 of classified and confidential unclassified information, the 

19 Under Secretary for Intelligence and Analysis shall share 

20 the threat assessment developed under this section with 

21 State, local, and Tribal law enforcement officials, includ22 ing officials that operate within fusion centers in the Na23 tional Network of Fusion Centers. 


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1 SEC. 211. DEPARTMENT OF HOMELAND SECURITY 

2 COUNTERTERRORISM ADVISORY BOARD. 

3 (a) IN GENERAL.—Subtitle A of title II of the Home4 land Security Act of 2002 (6 U.S.C. 121 et seq.), as 

5 amended by this title, is further amended by adding at 

6 the end the following new section: 

7 ‘‘SEC. 210K. DEPARTMENTAL COORDINATION ON COUNTER8 TERRORISM. 

9 ‘‘(a) ESTABLISHMENT.—There is in the Department 

10 a board to be composed of senior representatives of de11 partmental operational components and headquarters ele12 ments. The purpose of the board shall be to coordinate 

13 and integrate departmental intelligence, activities, and 

14 policy related to the counterterrorism mission and func15 tions of the Department. 

16 ‘‘(b) CHARTER.—There shall be a charter to govern 

17 the structure and mission of the board. Such charter shall 

18 direct the board to focus on the current threat environ19 ment and the importance of aligning departmental 

20 counterterrorism activities under the Secretary’s guidance. 

21 The charter shall be reviewed and updated every 4 years, 

22 as appropriate. 

23 ‘‘(c) MEMBERS.— 

24 ‘‘(1) CHAIR.—The Secretary shall appoint a 

25 Coordinator for Counterterrorism within the Depart26 ment who will serve as the chair of the board. 


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1 ‘‘(2) ADDITIONAL MEMBERS.—The Secretary 

2 shall appoint additional members of the board from 

3 among the following: 

4 ‘‘(A) The Transportation Security Admin5 istration. 

6 ‘‘(B) United States Customs and Border 

7 Protection. 

8 ‘‘(C) United States Immigration and Cus9 toms Enforcement. 

10 ‘‘(D) The Federal Emergency Management 

11 Agency. 

12 ‘‘(E) The Coast Guard. 

13 ‘‘(F) United States Citizenship and Immi14 gration Services. 

15 ‘‘(G) The United States Secret Service. 

16 ‘‘(H) The Cybersecurity and Infrastructure 

17 Security Agency. 

18 ‘‘(I) The Office of Operations Coordina19 tion. 

20 ‘‘(J) The Office of the General Counsel. 

21 ‘‘(K) The Office of Intelligence and Anal22 ysis. 

23 ‘‘(L) The Office of Policy. 

24 ‘‘(M) The Science and Technology Direc25 torate. 


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1 ‘‘(N) Other Departmental offices and pro2 grams as determined appropriate by the Sec3 retary. 

4 ‘‘(d) MEETINGS.—The board shall meet on a regular 

5 basis to discuss intelligence and coordinate ongoing threat 

6 mitigation efforts and departmental activities, including 

7 coordination with other Federal, State, local, Tribal, terri8 torial, and private sector partners, and shall make rec9 ommendations to the Secretary. 

10 ‘‘(e) TERRORISM ALERTS.—The board shall advise 

11 the Secretary on the issuance of terrorism alerts pursuant 

12 to section 203 of this Act. 

13 ‘‘(f) PROHIBITION ON ADDITIONAL FUNDS.—No ad14 ditional funds are authorized to carry out this section.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 in section 1(b) of such Act is amended by inserting after 

17 the item relating to section 210J, as added by this title, 

18 the following new item: 

‘‘Sec. 210K. Departmental coordination on counterterrorism.’’. 

19 (c) REPORT.—Not later than 90 days after the date 

20 of the enactment of this Act, the Secretary, acting through 

21 the Coordinator for Counterterrorism, shall submit to the 

22 Committee on Homeland Security of the House of Rep23 resentatives and the Committee on Homeland Security 

24 and Governmental Affairs of the Senate a report on the 

25 status and activities of the board established under section 


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1 210K of the Homeland Security Act of 2002, as added 

2 by subsection (a). 

3 SEC. 212. NATIONAL VETTING CENTER. 

4 (a) AUTHORIZATION.—The Secretary of Homeland 

5 Security, in coordination with the Secretary of State, the 

6 Secretary of Defense, the Attorney General, and the Di7 rector of National Intelligence, shall establish and operate 

8 a National Vetting Center. 

9 (b) DIRECTOR.—The Secretary of Homeland Secu10 rity shall appoint a senior departmental employee to be 

11 the director of the center. 

12 (c) STAFFING.—The Secretary of Homeland Security 

13 shall— 

14 (1) assign or detail appropriate personnel from 

15 the department to serve as analysts at the National 

16 Vetting Center; and 

17 (2) coordinate with the Director of National In18 telligence and the heads of other appropriate Fed19 eral agencies to detail appropriate personnel to serve 

20 as analysts at the National Vetting Center. 

21 (d) PURPOSE.—The National Vetting Center shall, 

22 consistent with the guidance and oversight from the Na23 tional Vetting Governance Board established pursuant to 

24 section 214 of this Act— 


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1 (1) coordinate the efforts of Federal agencies to 

2 improve vetting of individuals seeking to enter or re3 main within the United States; 

4 (2) assist the departments and agencies in5 volved with improving their coordination and use of 

6 intelligence and other information to identify poten7 tial threats to national security, border security, 

8 homeland security, and public safety; 

9 (3) provide a forum for the departments and 

10 agencies involved to identify, coordinate, and resolve 

11 policy questions and implementation challenges asso12 ciated with vetting; 

13 (4) improve the effectiveness of vetting oper14 ations by maximizing the Intelligence Community 

15 and law enforcement data holdings used to support 

16 vetting; 

17 (5) develop and maintain a process to ensure 

18 compliance with legal, privacy, and civil rights and 

19 civil liberty requirements; and 

20 (6) other responsibilities as determined by the 

21 Secretary of Homeland Security. 

22 SEC. 213. NATIONAL VETTING GOVERNANCE BOARD. 

23 (a) ESTABLISHMENT.—The Secretary of Homeland 

24 Security, in coordination with the Secretary of State, the 

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1 rector of National Intelligence, shall establish a National 

2 Vetting Governance Board. 

3 (b) PURPOSE.—The National Vetting Governance 

4 Board shall provide guidance and oversight for the Na5 tional Vetting Center established pursuant to section 213 

6 of this Act, including— 

7 (1) producing decisions and recommendations 

8 for unified approaches to and solutions for vetting; 

9 (2) recommending a fiscal strategy; 

10 (3) recommending priorities for National Vet11 ting Center activities; 

12 (4) reviewing and recommending new vetting 

13 programs or changes to existing vetting activities; 

14 (5) reporting progress and making rec15 ommendations to Secretary of Homeland Security or 

16 their designee; and 

17 (6) ensuring National Vetting Governance 

18 Board decisions and recommendations are consistent 

19 with relevant legal authorities and align with De20 partment of Homeland Security privacy, civil rights, 

21 and civil liberties policies and practices. 

22 (c) LIMITATIONS.—The National Vetting Governance 

23 Board is not intended to supersede or otherwise replace 

24 existing statutory or delegated roles and responsibilities 


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1 concerning Department of Homeland Security vetting ac2 tivities. 

3 (d) OPERATIONS.— 

4 (1) The Secretary of Homeland Security, in co5 ordination with the Secretary of State, the Secretary 

6 of Defense, the Attorney General, and the Director 

7 of National Intelligence shall develop the structure, 

8 staffing, meeting schedule and other operational 

9 issues related to the National Vetting Governance 

10 Board. 

11 (2) The National Vetting Governance Board 

12 shall have a standing privacy and civil liberty work13 ing group and a legal working group to review the 

14 activities of the National Vetting Center and provide 

15 advice to the Board. 

16 Subtitle B—Information Sharing 

17 SEC. 215. DEPARTMENT OF HOMELAND SECURITY FUSION 

18 CENTER PARTNERSHIP INITIATIVE. 

19 (a) IN GENERAL.—Section 210A of the Homeland 

20 Security Act of 2002 (6 U.S.C. 124h) is amended— 

21 (1) by amending the section heading to read as 

22 follows: 


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1 ‘‘SEC. 210A. DEPARTMENT OF HOMELAND SECURITY FU2 SION CENTER PARTNERSHIP INITIATIVE.’’; 

3 (2) in subsection (a), by adding at the end the 

4 following: ‘‘Beginning on the date of enactment of 

5 the Department of Homeland Security Authorization 

6 Act, such Initiative shall be known as the ‘Depart7 ment of Homeland Security Fusion Center Partner8 ship Initiative’.’’; 

9 (3) by amending subsection (b) to read as fol10 lows: 

11 ‘‘(b) INTERAGENCY SUPPORT AND COORDINATION.— 

12 Through the Department of Homeland Security Fusion 

13 Center Partnership Initiative, in coordination with prin14 cipal officials of fusion centers in the National Network 

15 of Fusion Centers and the officers designated as the 

16 Homeland Security Advisors of the States, the Secretary 

17 shall— 

18 ‘‘(1) coordinate with the heads of other Federal 

19 departments and agencies to provide operational, 

20 analytic, and reporting intelligence advice and assist21 ance to the National Network of Fusion Centers and 

22 to align homeland security intelligence activities with 

23 other field-based intelligence activities; 

24 ‘‘(2) support the integration of fusion centers 

25 into the information sharing environment, including 

26 by— 


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1 ‘‘(A) providing for the effective dissemina2 tion of information within the scope of the in3 formation sharing environment to the National 

4 Network of Fusion Centers; 

5 ‘‘(B) conducting outreach to such fusion 

6 centers to identify any gaps in information 

7 sharing; 

8 ‘‘(C) consulting with other Federal agen9 cies to develop methods to— 

10 ‘‘(i) address any such gaps identified 

11 under subparagraph (B), as appropriate; 

12 and 

13 ‘‘(ii) deploy or access such databases 

14 and datasets, as appropriate; and 

15 ‘‘(D) review information that is gathered 

16 by the National Network of Fusion Centers to 

17 identify that which is within the scope of the in18 formation sharing environment, including home19 land security information (as defined in section 

20 892), terrorism information, and weapons of 

21 mass destruction information and incorporate 

22 such information, as appropriate, into the De23 partment’s own such information; 

24 ‘‘(3) facilitate close communication and coordi25 nation between the National Network of Fusion 


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1 Centers and the Department and other Federal de2 partments and agencies; 

3 ‘‘(4) facilitate information sharing and expertise 

4 from the national cybersecurity and communications 

5 integration center under section 2209 to the Na6 tional Network of Fusion Centers; 

7 ‘‘(5) coordinate the provision of training and 

8 technical assistance, including training on the use of 

9 Federal databases and datasets described in para10 graph (2), to the National Network of Fusion Cen11 ters and encourage participating fusion centers to 

12 take part in terrorism threat-related exercises con13 ducted by the Department; 

14 ‘‘(6) ensure the dissemination of cyber threat 

15 indicators and information about cybersecurity risks 

16 and incidents to the national Network of Fusion 

17 Centers; 

18 ‘‘(7) ensure that each fusion center in the Na19 tional Network of Fusion Centers has a privacy pol20 icy approved by the Chief Privacy Officer of the De21 partment and a civil rights and civil liberties policy 

22 approved by the Officer for Civil Rights and Civil 

23 Liberties of the Department; 

24 ‘‘(8) develop and disseminate best practices on 

25 the appropriate levels for staffing at fusion centers 


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1 in the National Network of Fusion Centers of quali2 fied representatives from State, local, Tribal, and 

3 territorial law enforcement, fire, emergency medical, 

4 and emergency management services, and public 

5 health disciplines, as well as the private sector; 

6 ‘‘(9) to the maximum extent practicable, pro7 vide guidance, training, and technical assistance to 

8 ensure fusion centers operate in accordance with and 

9 in a manner that protects privacy, civil rights, and 

10 civil liberties afforded by the Constitution of the 

11 United States; 

12 ‘‘(10) to the maximum extent practicable, pro13 vide guidance, training, and technical assistance to 

14 ensure fusion centers are appropriately aligned with 

15 and able to meaningfully support Federal homeland 

16 security, national security, and law enforcement ef17 forts, including counterterrorism; 

18 ‘‘(11) encourage the full participation of the 

19 National Network of Fusion Centers in all assess20 ment and evaluation efforts conducted by the De21 partment; 

22 ‘‘(12) track all Federal funding provided to 

23 each fusion center on an individualized basis as well 

24 as by funding source; 


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1 ‘‘(13) ensure that none of the departmental in2 formation or data provided or otherwise made avail3 able to fusion center personnel is improperly dis4 seminated, accessed for unauthorized purposes, or 

5 otherwise used in a manner inconsistent with De6 partment guidance; and 

7 ‘‘(14) carry out such other duties as the Sec8 retary determines appropriate.’’; 

9 (4) in subsection (c)— 

10 (A) in the heading, by striking ‘‘PER11 SONNEL ASSIGNMENT’’ and inserting ‘‘RE12 SOURCE ALLOCATION’’; 

13 (B) by striking paragraphs (1) and (2) and 

14 inserting the following: 

15 ‘‘(1) INFORMATION SHARING AND PERSONNEL

16 ASSIGNMENT.— 

17 ‘‘(A) INFORMATION SHARING.—The Under 

18 Secretary for Intelligence and Analysis shall en19 sure that, as appropriate— 

20 ‘‘(i) fusion centers in the National 

21 Network of Fusion Centers have access to 

22 homeland security information sharing sys23 tems; and 

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1 tional Network of Fusion Centers in a 

2 manner consistent with the mission of the 

3 Department. 

4 ‘‘(B) PERSONNEL ASSIGNMENT.—Depart5 ment personnel referred to in subparagraph 

6 (A)(ii) may include the following: 

7 ‘‘(i) Intelligence officers. 

8 ‘‘(ii) Intelligence analysts. 

9 ‘‘(iii) Other liaisons from components 

10 and offices of the Department, as appro11 priate. 

12 ‘‘(2) SOURCES OF SUPPORT.—Information 

13 shared and personnel assigned pursuant to para14 graph (1) may be shared or provided, as the case 

15 may be, by the following Department components 

16 and offices, in coordination with the respective com17 ponent or office head and in consultation with the 

18 principal officials of fusion centers in the National 

19 Network of Fusion Centers: 

20 ‘‘(A) The Office of Intelligence and Anal21 ysis. 

22 ‘‘(B) Cybersecurity and Infrastructure Se23 curity Agency. 

24 ‘‘(C) The Transportation Security Admin25 istration. 


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1 ‘‘(D) U.S. Customs and Border Protection. 

2 ‘‘(E) U.S. Immigration and Customs En3 forcement. 

4 ‘‘(F) The Coast Guard. 

5 ‘‘(G) The national cybersecurity and com6 munications integration center under section 

7 2209. 

8 ‘‘(H) Other components or offices of the 

9 Department, as determined by the Secretary.’’; 

10 (C) in paragraph (3)— 

11 (i) in the heading, by striking 

12 ‘‘QUALIFYING CRITERIA’’ and inserting 

13 ‘‘RESOURCE ALLOCATION CRITERIA’’; and 

14 (ii) by striking subparagraph (A) and 

15 inserting the following: 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 make available criteria for sharing information 

18 and deploying personnel to support a fusion 

19 center in the National Network of Fusion Cen20 ters in a manner consistent with the Depart21 ment’s mission and existing statutory limits.’’; 

22 and 

23 (D) in paragraph (4)(B), in the matter 

24 preceding clause (i), by inserting ‘‘in which 

25 such fusion center is located’’ after ‘‘region’’; 


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1 (5) in subsection (d)— 

2 (A) in paragraph (3), by striking ‘‘and’’ at 

3 the end; 

4 (B) by redesignating paragraph (4) as 

5 paragraph (5); 

6 (C) by inserting after paragraph (3) the 

7 following: 

8 ‘‘(4) assist, in coordination with the national 

9 cybersecurity and communications integration center 

10 under section 2209, fusion centers in using informa11 tion relating to cybersecurity risks to develop a com12 prehensive and accurate threat picture;’’; 

13 (D) in paragraph (5), as so redesignated— 

14 (i) by striking ‘‘government’’ and in15 serting ‘‘governments’’; and 

16 (ii) by striking the period at the end 

17 and inserting ‘‘; and’’; and 

18 (E) by adding at the end the following: 

19 ‘‘(6) use Department information, including in20 formation held by components and offices, to develop 

21 analysis focused on the mission of the Department 

22 under section 101(b).’’; 

23 (6) in subsection (e)— 

24 (A) by amending paragraph (1) to read as 

25 follows: 


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1 ‘‘(1) IN GENERAL.—To the greatest extent 

2 practicable, the Secretary shall make it a priority to 

3 allocate resources, including departmental compo4 nent personnel with relevant expertise, to support 

5 the efforts of fusion centers along land or maritime 

6 borders of the United States to facilitate law en7 forcement agency identification, investigation, and 

8 interdiction of persons, weapons, and related contra9 band that pose a threat to homeland security.’’; and 

10 (B) in paragraph (2), in the matter pre11 ceding subparagraph (A), by striking ‘‘partici12 pating State, local, and regional fusion centers’’ 

13 and inserting ‘‘fusion centers in the National 

14 Network of Fusion Centers’’; 

15 (7) in subsection (j)— 

16 (A) by redesignating paragraph (5) as 

17 paragraph (7); 

18 (B) by redesignating paragraphs (1) 

19 through (4) as paragraphs (2) through (5), re20 spectively; 

21 (C) by inserting before paragraph (2) the 

22 following: 

23 ‘‘(1) the term ‘cybersecurity risk’ has the mean24 ing given such term in section 2209;’’; 


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1 (D) in paragraph (5), as so redesignated, 

2 by striking ‘‘and’’ at the end; and 

3 (E) by inserting after such paragraph (5) 

4 the following new paragraph: 

5 ‘‘(6) the term ‘National Network of Fusion 

6 Centers’ means a decentralized arrangement of fu7 sion centers intended to enhance individual State 

8 and urban area fusion centers’ ability to leverage the 

9 capabilities and expertise of all fusion centers for the 

10 purpose of enhancing analysis and homeland secu11 rity information sharing nationally; and’’; and 

12 (8) by striking subsection (k). 

13 (b) REPORT.—Not later than 1 year after the date 

14 of the enactment of this Act and annually thereafter 

15 through 2024, the Under Secretary for Intelligence and 

16 Analysis of the Department of Homeland Security shall 

17 report to the Committee on Homeland Security and the 

18 Permanent Select Committee on Intelligence of the House 

19 of Representatives and the Committee on Homeland Secu20 rity and Governmental Affairs and the Select Committee 

21 on Intelligence of the Senate on the value of fusion center 

22 intelligence products and the expenditure of authorized 

23 funds for the support and coordination of the National 

24 Network of Fusion Centers as specified in section 210A 


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1 of the Homeland Security Act of 2002 (6 U.S.C. 124h), 

2 as amended by subsection (a). 

3 (c) REPORT ON FEDERAL DATABASES.—Not later 

4 than 180 days after the date of enactment of this Act, 

5 the Comptroller General of the United States shall submit 

6 a report to Congress on the Federal databases and 

7 datasets that address any gaps identified pursuant to sec8 tion 210A(b)(2)(B) of the Homeland Security Act of 

9 2002, as amended by subsection (a), including databases 

10 and datasets used, operated, or managed by Department 

11 components, the Department of Justice, including the 

12 Federal Bureau of Investigation and the Drug Enforce13 ment Administration, and the Department of the Treas14 ury, that are appropriate, in accordance with Federal laws 

15 and policies, for inclusion in the information sharing envi16 ronment. 

17 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

18 (1) Section 2103(c)(1) of the Homeland Secu19 rity Act of 2002 (6 U.S.C. 623(c)(1)) is amended by 

20 striking ‘‘210A(j)(1)’’ and inserting ‘‘210A(j)’’. 

21 (2) The table of contents in section 1(b) of the 

22 Homeland Security Act of 2002 is amended by strik23 ing the item relating to section 210A and inserting 

24 the following: 

‘‘Sec. 210A. Department of Homeland Security Fusion Center Partnership Initiative.’’. 


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1 (e) REFERENCE.—Any reference in any law, rule, or 

2 regulation to the Department of Homeland Security State, 

3 Local, and Regional Fusion Center Initiative shall be 

4 deemed to be a reference to the Department of Homeland 

5 Security Fusion Center Partnership Initiative. 

6 SEC. 216. FUSION CENTER PERSONNEL NEEDS ASSESS7 MENT. 

8 (a) ASSESSMENT.— 

9 (1) IN GENERAL.—Not later than 240 days 

10 after the date of the enactment of this Act, the 

11 Comptroller General of the United States shall con12 duct an assessment of Department of Homeland Se13 curity personnel assigned to fusion centers pursuant 

14 to section 210A(c) of the Homeland Security Act of 

15 2002 (6 U.S.C. 124h(c)), as amended by this title, 

16 including an assessment of whether deploying addi17 tional Department personnel to such fusion centers 

18 would enhance the Department’s mission under sec19 tion 101(b) of such Act (6 U.S.C. 111(b)) and the 

20 National Network of Fusion Centers. 

21 (2) CONTENTS.—The assessment required 

22 under this subsection shall include the following: 

23 (A) Information on the current deployment 

24 of the Department’s personnel to each fusion 

25 center. 


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1 (B) Information on the roles and respon2 sibilities of the Department’s Office of Intel3 ligence and Analysis intelligence officers, intel4 ligence analysts, senior reports officers, reports 

5 officers, and regional directors deployed to fu6 sion centers. 

7 (C) Information on Federal resources, in 

8 addition to personnel, provided to each fusion 

9 center. 

10 (D) An analysis of the optimal number of 

11 personnel the Office of Intelligence and Anal12 ysis should deploy to fusion centers, including a 

13 cost-benefit analysis comparing deployed per14 sonnel with technological solutions to support 

15 information sharing. 

16 (E) An assessment of fusion centers lo17 cated in jurisdictions along land and maritime 

18 borders of the United States, and the degree to 

19 which deploying personnel, as appropriate, from 

20 U.S. Customs and Border Protection, U.S. Im21 migration and Customs Enforcement, and the 

22 Coast Guard to such fusion centers would en23 hance the integrity and security at such borders 

24 by helping Federal, State, local, Tribal, and ter25 ritorial law enforcement authorities to identify, 


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1 investigate, and interdict persons, weapons, and 

2 related contraband that pose a threat to home3 land security. 

4 (F) An assessment of fusion centers lo5 cated in jurisdictions with large and medium 

6 hub airports, and the degree to which deploy7 ing, as appropriate, personnel from the Trans8 portation Security Administration to such fu9 sion centers would enhance the integrity and se10 curity of aviation security. 

11 (b) DEFINITIONS.—In this section, the terms ‘‘fusion 

12 center’’ and ‘‘National Network of Fusion Centers’’ have 

13 the meanings given those terms in section 210A(j) of the 

14 Homeland Security Act of 2002 (6 U.S.C. 124h(j)), as 

15 amended by this title. 

16 SEC. 217. PROGRAM FOR STATE AND LOCAL ANALYST 

17 CLEARANCES. 

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that any program established by the Under Sec20 retary for Intelligence and Analysis of the Department of 

21 Homeland Security to provide eligibility for access to in22 formation classified as Top Secret for State, local, Tribal, 

23 and territorial analysts located in fusion centers shall be 

24 consistent with the need to know requirements pursuant 

25 to Executive Order No. 13526 (50 U.S.C. 3161 note). 


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1 (b) REPORT.—Not later than two years after the date 

2 of the enactment of this Act, the Under Secretary for In3 telligence and Analysis of the Department of Homeland 

4 Security, in consultation with the Director of National In5 telligence, shall submit to the Committee on Homeland Se6 curity and the Permanent Select Committee on Intel7 ligence of the House of Representatives and the Com8 mittee on Homeland Security and Governmental Affairs 

9 and the Select Committee on Intelligence of the Senate 

10 a report on the following: 

11 (1) The process by which the Under Secretary 

12 for Intelligence and Analysis determines a need to 

13 know pursuant to Executive Order No. 13526 (50 

14 U.S.C. 3161 note) to sponsor Top Secret clearances 

15 for appropriate State, local, Tribal, and territorial 

16 analysts located in fusion centers. 

17 (2) The effects of such Top Secret clearances 

18 on enhancing information sharing with State, local, 

19 Tribal, and territorial partners. 

20 (3) The cost for providing such Top Secret 

21 clearances for State, local, Tribal, and territorial an22 alysts located in fusion centers, including training 

23 and background investigations. 

24 (4) The operational security protocols, training, 

25 management, and risks associated with providing 


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1 such Top Secret clearances for State, local, Tribal, 

2 and territorial analysts located in fusion centers. 

3 (c) DEFINITION.—In this section, the term ‘‘fusion 

4 center’’ has the meaning given the term in section 210A(j) 

5 of the Homeland Security Act of 2002 (6 U.S.C. 124h(j)), 

6 as amended by this title. 

7 SEC. 218. INFORMATION TECHNOLOGY ASSESSMENT. 

8 (a) IN GENERAL.—The Under Secretary for Intel9 ligence and Analysis of the Department of Homeland Se10 curity, in collaboration with the Chief Information Officer 

11 of the Department of Homeland Security and representa12 tives from the National Network of Fusion Centers, shall 

13 conduct an assessment of information systems used to 

14 share homeland security information between the Depart15 ment of Homeland Security and fusion centers in the Na16 tional Network of Fusion Centers and make upgrades to 

17 such systems, as appropriate. Such assessment shall in18 clude the following: 

19 (1) An evaluation of the security, accessibility, 

20 and ease of use of such systems by fusion centers in 

21 the National Network of Fusion Centers. 

22 (2) A review to determine how to establish im23 proved interoperability of departmental information 

24 systems with existing information systems used by 


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1 fusion centers in the National Network of Fusion 

2 Centers. 

3 (3) An evaluation of participation levels of de4 partmental components and offices of information 

5 systems used to share homeland security information 

6 with fusion centers in the National Network of Fu7 sion Centers. 

8 (b) DEFINITIONS.—In this section— 

9 (1) the terms ‘‘fusion center’’ and ‘‘National 

10 Network of Fusion Centers’’ have the meanings 

11 given those terms in section 210A(j) of the Home12 land Security Act of 2002 (6 U.S.C. 124h(j)), as 

13 amended by this title; 

14 (2) the term ‘‘homeland security information’’ 

15 has the meaning given the term in section 892 of the 

16 Homeland Security Act of 2002 (6 U.S.C. 482); and 

17 (3) the term ‘‘information systems’’ has the 

18 meaning given the term in section 3502 of title 44, 

19 United States Code. 

20 SEC. 219. DEPARTMENT OF HOMELAND SECURITY CLASSI21 FIED FACILITY INVENTORY AND DISSEMINA22 TION. 

23 (a) IN GENERAL.—The Secretary of Homeland Secu24 rity shall, to the extent practicable— 


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1 (1) maintain an inventory of those Department 

2 of Homeland Security facilities that the Department 

3 certifies to house classified infrastructure or systems 

4 at the Secret level and above; 

5 (2) update such inventory on a regular basis; 

6 and 

7 (3) share part or all of such inventory with ap8 propriate departmental personnel and representa9 tives of other Federal, State, and local agencies as 

10 determined appropriate by the Secretary of Home11 land Security. 

12 (b) INVENTORY.—The inventory of facilities de13 scribed in subsection (a) may include— 

14 (1) the location of such facilities; 

15 (2) the attributes and capabilities of such facili16 ties (including the clearance level of the facility, the 

17 square footage of, the total capacity of, the number 

18 of workstations in, document storage, and the num19 ber of conference rooms in, such facilities); 

20 (3) the entities that operate such facilities; and 

21 (4) the date of establishment of such facilities. 

22 SEC. 220. TERROR INMATE INFORMATION SHARING. 

23 (a) IN GENERAL.—The Secretary of Homeland Secu24 rity, in coordination with the Attorney General and in con25 sultation with other appropriate Federal officials, shall, as 


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1 appropriate, share with State, local, and regional fusion 

2 centers through the Department of Homeland Security 

3 Fusion Center Partnership Initiative under section 210A 

4 of the Homeland Security Act of 2002 (6 U.S.C. 124h), 

5 as well as other relevant law enforcement entities, release 

6 information from a Federal correctional facility, including 

7 the name, charging date, and expected place and date of 

8 release, of certain individuals who may pose a terrorist 

9 threat. 

10 (b) SCOPE.—The information shared pursuant to 

11 subsection (a) shall be— 

12 (1) for homeland security purposes; and 

13 (2) regarding individuals convicted of a Federal 

14 crime related to acts of terrorism (as such term is 

15 defined in section 3077 of title 18, United States 

16 Code). 

17 (c) PERIODIC THREAT ASSESSMENTS.—Consistent 

18 with the protection of classified information and controlled 

19 unclassified information, the Secretary of Homeland Secu20 rity shall coordinate with appropriate Federal officials to 

21 provide State, local, and regional fusion centers described 

22 in subsection (a) with periodic assessments regarding the 

23 overall threat from known or suspected terrorists currently 

24 incarcerated in a Federal correctional facility, including 


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1 the assessed risks of such populations engaging in ter2 rorist activity upon release. 

3 (d) PRIVACY PROTECTION.—Prior to affecting the in4 formation sharing described in subsection (a), the Sec5 retary shall receive input and advice from the Officer for 

6 Civil Rights and Civil Liberties, the Officer for Privacy, 

7 and the Chief Intelligence Officer of the Department of 

8 Homeland Security. 

9 (e) RULE OF CONSTRUCTION.—Nothing in this sec10 tion may be construed as requiring the establishment of 

11 a list or registry of individuals convicted of terrorism. 

12 SEC. 221. ENHANCING DEPARTMENT OF HOMELAND SECU13 RITY SUSPICIOUS ACTIVITY REPORTING OP14 ERATIONS. 

15 (a) STRATEGY REQUIRED.—Not later than one year 

16 after the date of the enactment of this Act, the Secretary 

17 of Homeland Security, in consultation with other appro18 priate officials, shall develop a strategy to improve the op19 erations and activities of the Department of Homeland Se20 curity related to training, outreach, and information shar21 ing for suspicious activity reporting to prevent acts of ter22 rorism and acts of targeted violence. 

23 (b) CONTENTS OF STRATEGY.—The strategy re24 quired under subsection (a) shall include the following: 


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1 (1) A plan to maintain and expand activities re2 lated to effectively identifying, reporting, and re3 sponding to potential acts of terrorism. 

4 (2) A plan to develop a behavioral threat as5 sessment and management model for use by appro6 priate National Network of Fusion Centers, emer7 gency response providers, and appropriate private 

8 sector personnel involved in reporting or responding 

9 suspicious activity related to acts of targeted vio10 lence. 

11 (3) Protocols, developed in consultation with 

12 the Federal Bureau of Investigation, to ensure that 

13 the Federal Bureau of Investigation receives all rel14 evant suspicious activity reports. 

15 (4) A staffing and budget plan to ensure the 

16 continued operation and any necessary expansion of 

17 Department of Homeland Security information shar18 ing, technical assistance, training, and other activi19 ties related to suspicious activity reporting. 

20 (5) Training for appropriate personnel of the 

21 National Network of Fusion Centers, emergency re22 sponse providers, and appropriate private sector per23 sonnel on— 

24 (A) methods for identifying, analyzing, and 

25 disseminating critical information, including the 


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1 indicators of acts of terrorism and acts of tar2 geted violence; 

3 (B) methods to protect privacy and civil 

4 liberties, including preventing racial, religious, 

5 and national origin discrimination; 

6 (C) implementation of the behavioral 

7 threat assessment and management model; 

8 (D) response protocols for submitting sus9 picious activity reports; and 

10 (E) other training determined appropriate 

11 by the Secretary. 

12 (6) A plan to— 

13 (A) provide technical assistance for appro14 priate National Network of Fusion Centers, 

15 emergency response providers, and appropriate 

16 private sector personnel for operations related 

17 to suspicious activity reporting activity; and 

18 (B) assist with questions or concerns re19 lated to privacy and civil liberty protections. 

20 (c) CONGRESSIONAL NOTIFICATION.—The Secretary 

21 shall provide to the Committee on Homeland Security of 

22 the House of Representatives and the Committee on 

23 Homeland Security and Governmental Affairs of the Sen24 ate a copy of the strategy required in subsection (a). 

25 (d) DEFINITIONS.—In this section: 


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1 (1) BEHAVIORAL THREAT ASSESSMENT.—The 

2 term ‘‘behavioral threat assessment and manage3 ment’’ means the systematic and evidence-based 

4 process of— 

5 (A) identifying individuals who are exhib6 iting patterns of concerning behavior that indi7 cate an interest, motive, intention, or capability 

8 of carrying out an act of violence; 

9 (B) investigating and gathering informa10 tion from multiple sources to assess whether an 

11 individual described in subparagraph (A) poses 

12 a threat, based on articulable facts; and 

13 (C) the subsequent management of such a 

14 threat, if necessary. 

15 (2) EMERGENCY RESPONSE PROVIDERS.—The 

16 term ‘‘emergency response provider’’ has the mean17 ing given such term in section 2(6) of the Homeland 

18 Security Act. 

19 (3) NATIONAL NETWORK OF FUSION CEN20 TERS.—The term ‘‘National Network of Fusion Cen21 ters’’ has the meaning given such term in section 

22 215 of this Act. 

23 (4) TARGETED VIOLENCE.—The term ‘‘targeted 

24 violence’’ means any incident of predatory violence 


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1 with respect to which an identifiable individual or 

2 group focuses an attack on a particular target. 

3 (5) TERRORISM.—The term ‘‘terrorism’’ has 

4 the meaning given such term in section 2331 of title 

5 18, United States Code. 

6 TITLE III—CYBERSECURITY 

7 SEC. 301. CYBERSECURITY ADVISORY COMMITTEE. 

8 (a) IN GENERAL.—Subtitle A of title XXII of the 

9 Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) 

10 is amended by adding at the end the following new section: 

11 ‘‘SEC. 2215. CYBERSECURITY ADVISORY COMMITTEE. 

12 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab13 lish within the Cybersecurity and Infrastructure Security 

14 Agency a Cybersecurity Advisory Committee. 

15 ‘‘(b) DUTIES.— 

16 ‘‘(1) IN GENERAL.—The Advisory Committee 

17 may advise, consult with, report to, and make rec18 ommendations to the Director of Cybersecurity and 

19 Infrastructure Security on the development, refine20 ment, and implementation of policies, programs, 

21 rulemakings, planning, training, and security direc22 tives pertaining to the mission of the Cybersecurity 

23 and Infrastructure Security Agency. 

24 ‘‘(2) RECOMMENDATIONS.— 


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1 ‘‘(A) IN GENERAL.—The Advisory Com2 mittee shall develop, at the request of the Di3 rector, recommendations for improvements to 

4 the cybersecurity mission of the Cybersecurity 

5 and Infrastructure Security Agency. 

6 ‘‘(B) RECOMMENDATIONS OF SUBCOMMIT7 TEES.—Recommendations agreed upon by the 

8 subcommittees established under subsection (d) 

9 for any year shall be approved by the Advisory 

10 Committee before the Advisory Committee sub11 mits to the Director the annual report under 

12 paragraph (4) for that year. 

13 ‘‘(3) PERIODIC REPORTS.—The Advisory Com14 mittee shall periodically submit to the Director— 

15 ‘‘(A) reports on matters identified by the 

16 Director; and 

17 ‘‘(B) reports on other matters identified by 

18 a majority of the members of the Advisory 

19 Committee. 

20 ‘‘(4) ANNUAL REPORT.—The Advisory Com21 mittee shall submit to the Director an annual report 

22 providing information on the activities, findings, and 

23 recommendations of the Advisory Committee, includ24 ing its subcommittees, for the preceding year. Not 

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1 tor receives an annual report for a year, the Director 

2 shall publish a public version of the report describ3 ing the activities of the Advisory Committee and 

4 such related matters as would be informative to the 

5 public during that year, consistent with section 

6 552(b) of title 5, United States Code. 

7 ‘‘(5) FEEDBACK.—Not later than 90 days after 

8 receiving any recommendation submitted by the Ad9 visory Committee under paragraph (2), (3), or (4), 

10 the Director shall respond in writing to the Advisory 

11 Committee with feedback on the recommendation. 

12 Such a response shall include— 

13 ‘‘(A) with respect to any recommendation 

14 with which the Director concurs, an action plan 

15 to implement the recommendation; and 

16 ‘‘(B) with respect to any recommendation 

17 with which the Director does not concur, a jus18 tification for why the Director does not plan to 

19 implement the recommendation. 

20 ‘‘(6) CONGRESSIONAL NOTIFICATION.—For 

21 each fiscal quarter beginning after the date of the 

22 enactment of this section, the Director shall provide 

23 to the Committee on Homeland Security and Gov24 ernmental Affairs and the Committee on Appropria25 tions of the Senate and the Committee on Homeland 


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1 Security and the Committee on Appropriations of 

2 the House of Representatives a briefing on feedback 

3 from the Advisory Committee. 

4 ‘‘(c) MEMBERSHIP.— 

5 ‘‘(1) APPOINTMENT.— 

6 ‘‘(A) IN GENERAL.—Not later than 180 

7 days after the date of the enactment of this 

8 Act, the Director shall appoint the members of 

9 the Advisory Committee. 

10 ‘‘(B) COMPOSITION.—The membership of 

11 the Advisory Committee shall consist of not 

12 more than 35 individuals, each of whom rep13 resent a category referred to in subparagraph 

14 (C)(i). 

15 ‘‘(C) REPRESENTATION.— 

16 ‘‘(i) IN GENERAL.—The membership 

17 of the Advisory Committee shall include 

18 representatives of State and local govern19 ments and of a broad range of industries, 

20 including the following: 

21 ‘‘(I) Defense. 

22 ‘‘(II) Education. 

23 ‘‘(III) Financial services. 

24 ‘‘(IV) Healthcare. 

25 ‘‘(V) Manufacturing. 


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1 ‘‘(VI) Media and entertainment. 

2 ‘‘(VII) Chemicals. 

3 ‘‘(VIII) Retail. 

4 ‘‘(IX) Transportation. 

5 ‘‘(X) Energy. 

6 ‘‘(XI) Information Technology. 

7 ‘‘(XII) Communications. 

8 ‘‘(XIII) Other relevant fields 

9 identified by the Director. 

10 ‘‘(ii) PROHIBITION.—Not more than 

11 three members may represent any one cat12 egory under clause (i). 

13 ‘‘(2) TERM OF OFFICE.— 

14 ‘‘(A) TERMS.—The term of each member 

15 of the Advisory Committee shall be two years, 

16 but a member may continue to serve until a 

17 successor is appointed. 

18 ‘‘(B) REMOVAL.—The Director may review 

19 the participation of a member of the Advisory 

20 Committee and remove such member for cause 

21 at any time. 

22 ‘‘(C) REAPPOINTMENT.—A member of the 

23 Advisory Committee may be reappointed for an 

24 unlimited number of terms. 


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1 ‘‘(3) DELEGATION OF RESPONSIBILITIES.—A 

2 member of the Advisory Committee may delegate 

3 that member’s responsibilities under this section to 

4 another individual, with the exception of access to 

5 protected information and classified information 

6 under paragraph (6). 

7 ‘‘(4) PROHIBITION ON COMPENSATION.—The 

8 members of the Advisory Committee may not receive 

9 pay or benefits from the United States Government 

10 by reason of their service on the Advisory Com11 mittee. 

12 ‘‘(5) MEETINGS.— 

13 ‘‘(A) IN GENERAL.—The Director shall re14 quire the Advisory Committee to meet at least 

15 quarterly, and may convene additional meetings 

16 as necessary. 

17 ‘‘(B) PUBLIC MEETINGS.—At least one of 

18 the meetings referred to in subparagraph (A) 

19 shall be open to the public. 

20 ‘‘(C) ATTENDANCE.—The Advisory Com21 mittee shall maintain a record of the persons 

22 present at each meeting. 

23 ‘‘(6) MEMBER ACCESS TO CLASSIFIED AND

24 PROTECTED INFORMATION.— 


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1 ‘‘(A) IN GENERAL.—Not later than 60 

2 days after the date on which a member is first 

3 appointed to the Advisory Committee and be4 fore the member is granted access to any classi5 fied information or protected information, the 

6 Director shall determine if there is cause for 

7 such member to be restricted from reviewing, 

8 discussing, or possessing such information. 

9 ‘‘(B) ACCESS.— 

10 ‘‘(i) PROTECTED INFORMATION.—If 

11 the Director does not restrict a member 

12 from reviewing, discussing, or possessing 

13 sensitive information under subparagraph 

14 (A) and the member voluntarily signs a 

15 nondisclosure agreement with respect to 

16 protected information, the member may be 

17 granted access to protected information 

18 that the Director determines is relevant to 

19 such member’s service on the Advisory 

20 Committee. 

21 ‘‘(ii) CLASSIFIED INFORMATION.—Ac22 cess to classified materials shall be man23 aged in accordance with Executive Order 

24 No. 13526 of December 29, 2009 (75 Fed. 


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1 Reg. 707), or any subsequent cor2 responding Executive Order. 

3 ‘‘(C) PROTECTIONS.—A member of the 

4 Advisory Committee shall agree, as a condition 

5 of such membership, to protect all classified in6 formation in accordance with the applicable re7 quirements for the particular level of classifica8 tion of such information and to protect all pro9 tected information appropriately. 

10 ‘‘(D) PROTECTED INFORMATION DE11 FINED.—In this section, the term ‘protected in12 formation’ means— 

13 ‘‘(i) information specifically exempted 

14 from disclosure by statute or regulation; 

15 ‘‘(ii) trade secrets and commercial or 

16 financial information obtained from a per17 son and privileged or confidential; 

18 ‘‘(iii) deliberative process privileged 

19 information; 

20 ‘‘(iv) personally identifiable informa21 tion, the disclosure of which would con22 stitute an invasion of personal privacy; 

23 ‘‘(v) records containing law enforce24 ment sensitive information; and 


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1 ‘‘(vi) other categories of information, 

2 as determined by the Director. 

3 ‘‘(7) CHAIRPERSON.—The Advisory Committee 

4 shall select, from among the members of the Advi5 sory Committee— 

6 ‘‘(A) a member to serve as chairperson of 

7 the Advisory Committee; and 

8 ‘‘(B) a member to serve as chairperson of 

9 each subcommittee of the Advisory Committee 

10 established under subsection (d). 

11 ‘‘(d) SUBCOMMITTEES.— 

12 ‘‘(1) IN GENERAL.—The Director and the Advi13 sory Committee shall establish subcommittees within 

14 the Advisory Committee to address cybersecurity 

15 issues, including relating to the following: 

16 ‘‘(A) Information exchange. 

17 ‘‘(B) Critical infrastructure. 

18 ‘‘(C) Risk management. 

19 ‘‘(D) Public and private partnerships. 

20 ‘‘(2) ADDITIONAL SUBCOMMITTEES.—In addi21 tion to the subcommittees established pursuant to 

22 paragraph (1), the Advisory Committee chairperson, 

23 in coordination with the Director, may establish 

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1 committees that the Director and Advisory Com2 mittee determine to be necessary. 

3 ‘‘(3) MEETINGS AND REPORTING.—Each sub4 committee shall meet at least bimonthly, and submit 

5 to the Advisory Committee for inclusion in the an6 nual report required under subsection (b)(4) infor7 mation, including activities, findings, and rec8 ommendations, regarding subject matter considered 

9 by the subcommittee. 

10 ‘‘(4) SUBJECT MATTER EXPERTS.—The chair of 

11 the Advisory Committee shall appoint members to 

12 subcommittees and shall ensure that each member 

13 appointed to a subcommittee has subject matter ex14 pertise relevant to the subject matter of the sub15 committee. 

16 ‘‘(e) NONAPPLICABILITY OF FACA.—The Federal 

17 Advisory Committee Act (5 U.S.C. App.) shall not apply 

18 to the Advisory Committee and its subcommittees.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents 

20 in section 1(b) of such Act is amended by inserting after 

21 the item relating to section 2214 the following new item: 

‘‘Sec. 2215. Cybersecurity Advisory Committee.’’. 

22 SEC. 302. CYBERSECURITY ESSENTIALS. 

23 (a) IN GENERAL.—Subsection (b) of section 2203 of 

24 the Homeland Security act of 2002 (6 U.S.C. 653) is 

25 amended— 


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1 (1) in paragraph (3), by striking ‘‘and’’ after 

2 the semicolon at the end; 

3 (2) by redesignating paragraph (4) as para4 graph (5); and 

5 (3) by inserting after paragraph (3) the fol6 lowing new paragraph: 

7 ‘‘(4) develop, publish and update as necessary 

8 guidelines and processes for a national audience re9 garding best practices for effective and usable basic 

10 controls that have the most impact in defending 

11 again common cybersecurity threats and cybersecu12 rity risks; and’’. 

13 (b) RESTRICTION.—Chapter 35 of title 44, United 

14 States Code (commonly known as the ‘‘Paperwork Reduc15 tion Act’’) shall not apply to any action to implement this 

16 Act. 

17 SEC. 303. ESTABLISHMENT OF CONTINUOUS DIAGNOSTICS 

18 AND MITIGATION PROGRAM IN THE CYBER19 SECURITY AND INFRASTRUCTURE SECURITY 

20 AGENCY. 

21 (a) IN GENERAL.—Section 2213 of the Homeland 

22 Security Act of 2002 (6 U.S.C. 663) is amended by adding 

23 at the end the following new subsection: 

24 ‘‘(g) CONTINUOUS DIAGNOSTICS AND MITIGATION.— 

25 ‘‘(1) PROGRAM.— 


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1 ‘‘(A) IN GENERAL.—The Secretary, acting 

2 through the Director of Cybersecurity and In3 frastructure Security, shall deploy, operate, and 

4 maintain a continuous diagnostics and mitiga5 tion program for agencies. Under such pro6 gram, the Secretary shall— 

7 ‘‘(i) assist agencies to continuously di8 agnose and mitigate cyber threats and 

9 vulnerabilities; 

10 ‘‘(ii) develop and provide the capa11 bility to collect, analyze, and visualize in12 formation relating to security data and cy13 bersecurity risks at agencies; 

14 ‘‘(iii) make program capabilities avail15 able for use, with or without reimburse16 ment, to civilian agencies and State, local, 

17 Tribal, and territorial governments; 

18 ‘‘(iv) employ shared services, collective 

19 purchasing, blanket purchase agreements, 

20 and any other economic or procurement 

21 models the Secretary determines appro22 priate to maximize the costs savings asso23 ciated with implementing an information 

24 system; and 


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1 ‘‘(v) develop policies and procedures 

2 for reporting systemic cybersecurity risks 

3 and potential incidents based upon data 

4 collected under such program. 

5 ‘‘(B) REGULAR IMPROVEMENT.—The Sec6 retary shall regularly deploy new technologies 

7 and modify existing technologies to the contin8 uous diagnostics and mitigation program re9 quired under subparagraph (A), as appropriate, 

10 to improve the program. 

11 ‘‘(2) AGENCY RESPONSIBILITIES.—Notwith12 standing any other provision of law, each agency 

13 that uses the continuous diagnostics and mitigation 

14 program under paragraph (1) shall, continuously 

15 and in real time, provide to the Secretary all infor16 mation, assessments, analyses, and raw data col17 lected by the program, in a manner specified by the 

18 Secretary. 

19 ‘‘(3) RESPONSIBILITIES OF THE SECRETARY.— 

20 In carrying out the continuous diagnostics and miti21 gation program under paragraph (1), the Secretary 

22 shall, as appropriate— 

23 ‘‘(A) share with agencies relevant analysis 

24 and products developed under such program; 


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1 ‘‘(B) provide regular reports on cybersecu2 rity risks to agencies; and 

3 ‘‘(C) provide comparative assessments of 

4 cybersecurity risks for agencies.’’. 

5 (b) CONTINUOUS DIAGNOSTICS AND MITIGATION

6 STRATEGY.— 

7 (1) IN GENERAL.—Not later than 180 days 

8 after the date of the enactment of this Act, the Sec9 retary of Homeland Security shall develop a com10 prehensive continuous diagnostics and mitigation 

11 strategy to carry out the continuous diagnostics and 

12 mitigation program required under subsection (g) of 

13 section 2213 of the Homeland Security Act of 2002 

14 (6 U.S.C. 663), as added by subsection (a). 

15 (2) SCOPE.—The strategy required under para16 graph (1) shall include the following: 

17 (A) A description of the continuous 

18 diagnostics and mitigation program, including 

19 efforts by the Secretary of Homeland Security 

20 to assist with the deployment of program tools, 

21 capabilities, and services, from the inception of 

22 the program referred to in paragraph (1) to the 

23 date of enactment of this Act. 

24 (B) A description of the coordination and 

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1 tain the tools, capabilities, and services that the 

2 Secretary of Homeland Security determines to 

3 be necessary to satisfy the requirements of such 

4 program. 

5 (C) A description of any obstacles facing 

6 the deployment, installation, and maintenance 

7 of tools, capabilities, and services under such 

8 program. 

9 (D) Recommendations and guidelines to 

10 help maintain and continuously upgrade tools, 

11 capabilities, and services provided under such 

12 program. 

13 (E) Recommendations for using the data 

14 collected by such program for creating a com15 mon framework for data analytics, visualization 

16 of enterprise-wide risks, and real-time report17 ing, and comparative assessments for cyberse18 curity risks. 

19 (F) Recommendations for future efforts 

20 and activities, including for the rollout of new 

21 and emerging tools, capabilities and services, 

22 proposed timelines for delivery, and whether to 

23 continue the use of phased rollout plans, related 

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1 mation and operational technology assets 

2 through the use of such program. 

3 (3) FORM.—The strategy required under para4 graph (1) shall be submitted in an unclassified form, 

5 but may contain a classified annex. 

6 (c) REPORT.—Not later than 180 days after the de7 velopment of the strategy required under subsection (b), 

8 the Secretary of Homeland Security shall submit to the 

9 Committee on Homeland Security and Governmental Af10 fairs of the Senate and the Committee on Homeland Secu11 rity of the House of Representative a report on cybersecu12 rity risk posture based on the data collected through the 

13 continuous diagnostics and mitigation program under sub14 section (g) of section 2213 of the Homeland Security Act 

15 of 2002 (6 U.S.C. 663), as added by subsection (a). 

16 (d) GAO REPORT.—Not later than 1 year after the 

17 date of enactment of this Act, the Comptroller General 

18 of the United States shall submit a report to Congress 

19 on the potential impacts and benefits of replacing the re20 porting requirements under chapter 35 of title 44, United 

21 States Code, with periodical real-time data provided by the 

22 continuous diagnostics and mitigation program under sub23 section (g) of section 2213 of the Homeland Security Act 

24 of 2002 (6 U.S.C. 663), as added by subsection (a). 


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1 SEC. 304. ADMINISTRATIVE SUBPOENA AUTHORITY. 

2 (a) IN GENERAL.—Section 2209 of the Homeland 

3 Security Act of 2002 (6 U.S.C. 659) is amended— 

4 (1) in subsection (a)— 

5 (A) by redesignating paragraph (6) as 

6 paragraph (7); and 

7 (B) by inserting after paragraph (5) the 

8 following: 

9 ‘‘(6) the term ‘security vulnerability’ has the 

10 meaning given that term in section 102(17) of the 

11 Cybersecurity Information Sharing Act of 2015 (615 

12 U.S.C. 1501(17));’’; 

13 (2) in subsection (c)— 

14 (A) in paragraph (10), by striking ‘‘and’’ 

15 at the end; 

16 (B) in paragraph (11), by striking the pe17 riod at the end and inserting ‘‘; and’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(12) detecting, identifying, and receiving infor20 mation about security vulnerabilities relating to crit21 ical infrastructure in the information systems and 

22 devices of Federal and non-Federal entities for a cy23 bersecurity purpose, as defined in section 102 of the 

24 Cybersecurity Information Sharing Act of 2015 (6 

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1 tors of critical infrastructure with such security vul2 nerability.’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(n) SUBPOENA AUTHORITY.— 

5 ‘‘(1) DEFINITION.—In this subsection, the term 

6 ‘enterprise device or system’— 

7 ‘‘(A) means a device or system commonly 

8 used to perform industrial, commercial, sci9 entific, or governmental functions or processes 

10 that relate to critical infrastructure, including 

11 operational and industrial control systems, dis12 tributed control systems, and programmable 

13 logic controllers; and 

14 ‘‘(B) does not include personal devices and 

15 systems, such as consumer mobile devices, home 

16 computers, residential wireless routers, or resi17 dential internet-enabled consumer devices. 

18 ‘‘(2) AUTHORITY.— 

19 ‘‘(A) IN GENERAL.—If the Director identi20 fies a system connected to the internet which he 

21 reasonably believes contains a with a specific se22 curity vulnerability and reasonably believes that 

23 the security vulnerability relates to critical in24 frastructure and affects an enterprise device or 

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1 Federal entity, and the Director is unable to 

2 identify the entity at risk, the Director may 

3 issue a subpoena for the production of informa4 tion necessary to identify and notify the entity 

5 at risk, in order to carry out a function author6 ized under subsection (c)(12). 

7 ‘‘(B) LIMIT ON INFORMATION.—A sub8 poena issued under the authority under sub9 paragraph (A) may only seek information in the 

10 categories set forth in subparagraphs (A), (B), 

11 (D), and (E) of section 2703(c)(2) of title 18, 

12 United States Code. 

13 ‘‘(C) LIABILITY PROTECTIONS FOR DIS14 CLOSING PROVIDERS.—The provisions of section 

15 2703(e) of title 18, United States Code, shall 

16 apply to any subpoena issued under the author17 ity under subparagraph (A). 

18 ‘‘(3) COORDINATION.— 

19 ‘‘(A) IN GENERAL.—If the Director decides 

20 to exercise the subpoena authority under this 

21 subsection, and in the interest of avoiding inter22 ference with ongoing law enforcement investiga23 tions, the Director shall coordinate the issuance 

24 of any such subpoena with the Department of 

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1 tigation, pursuant to inter-agency procedures 

2 which the Director, in coordination with the At3 torney General, shall develop not later than 60 

4 days after the date of enactment of this sub5 section. 

6 ‘‘(B) CONTENTS.—The inter-agency proce7 dures developed under this paragraph shall pro8 vide that a subpoena issued by the Director 

9 under this subsection shall be— 

10 ‘‘(i) issued in order to carry out a 

11 function described in subsection (c)(12); 

12 and 

13 ‘‘(ii) subject to the limitations under 

14 this subsection. 

15 ‘‘(C) RESTRICTION ON LAW ENFORCEMENT

16 USE.—The regulations or guidance issued to 

17 carry out actions authorized under subsection 

18 (n) by the Director may not be used by the De19 partment of Justice, including the Federal Bu20 reau of Investigation, to predicate a new inves21 tigation solely on the information contained in 

22 a subpoena issued under subsection (n). 

23 ‘‘(4) NONCOMPLIANCE.—If any person, part24 nership, corporation, association, or entity fails to 

25 comply with any duly served subpoena issued under 


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1 this subsection, the Director may request that the 

2 Attorney General seek enforcement of the subpoena 

3 in any judicial district in which such person, part4 nership, corporation, association, or entity resides, is 

5 found, or transacts business. 

6 ‘‘(5) NOTICE.—Not later than 7 days after the 

7 date on which the Director receives information ob8 tained through a subpoena issued under this sub9 section, the Director shall notify the entity at risk 

10 identified by information obtained under the sub11 poena regarding the subpoena and the identified vul12 nerability. 

13 ‘‘(6) AUTHENTICATION.—Any subpoena issued 

14 by the Director under this subsection shall be au15 thenticated by the electronic signature of an author16 ized representative of the Agency or other com17 parable symbol or process identifying the Agency as 

18 the source of the subpoena. 

19 ‘‘(7) REMEDIATION.—Upon successful identi20 fication of a vulnerability on a system owned or op21 erated by the party or entity, the Director shall, 

22 upon request— 

23 ‘‘(A) provide appropriate, detailed technical 

24 guidance to remediate, end, or mitigate the vul25 nerability identified by the subpoena; 


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1 ‘‘(B) provide appropriate, detailed tech2 nical guidance to prevent a recurrence or the 

3 vulnerability or a similar vulnerability in the fu4 ture; and 

5 ‘‘(C) provide appropriate information re6 garding any other exploitable vulnerabilities dis7 covered on a system owned or operated by a 

8 party or entity during the course of investiga9 tion and remediation operations by the Agency. 

10 ‘‘(8) PROCEDURES.—Not later than 90 days 

11 after the date of enactment of this subsection, the 

12 Director shall establish internal procedures and as13 sociated training, applicable to employees and oper14 ations of the Agency, regarding subpoenas issued 

15 under this subsection, which shall address— 

16 ‘‘(A) the protection of and restriction on 

17 dissemination of nonpublic information obtained 

18 through a subpoena issued under this sub19 section, including a requirement that the Agen20 cy shall not disseminate nonpublic information 

21 obtained through a subpoena issued under this 

22 subsection that identifies the party that is sub23 ject to the subpoena or the entity at risk identi24 fied by information obtained, unless— 

25 ‘‘(i) the party or entity consents; or 


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1 ‘‘(ii) the Agency identifies or is noti2 fied of a cybersecurity incident involving 

3 the party or entity, which relates to the 

4 vulnerability which led to the issuance of 

5 the subpoena; 

6 ‘‘(B) the restriction on the use of informa7 tion obtained through the subpoena for a cyber8 security purpose, as defined in section 102 of 

9 the Cybersecurity Information Sharing Act of 

10 2015 (6 U.S.C. 1501); 

11 ‘‘(C) the retention and destruction of non12 public information obtained through a subpoena 

13 issued under this subsection, including— 

14 ‘‘(i) immediate destruction of informa15 tion obtained through the subpoena that 

16 the Director determines is unrelated to 

17 critical infrastructure; and 

18 ‘‘(ii) destruction of any personally 

19 identifiable information not later than 6 

20 months after the date on which the Direc21 tor receives information obtained through 

22 the subpoena, unless otherwise agreed to 

23 by the individual identified by the sub24 poena respondent; 


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1 ‘‘(D) the processes for providing notice to 

2 each party that is subject to the subpoena and 

3 each entity at risk identified by information ob4 tained pursuant to a subpoena issued under 

5 this subsection; 

6 ‘‘(E) the processes and criteria for con7 ducting critical infrastructure security risk as8 sessments to determine whether a subpoena is 

9 necessary prior to being issued under this sub10 section; and 

11 ‘‘(F) the processes for assisting a party or 

12 entity with removal, remediation, or other cor13 rective measures required to address the vulner14 ability identified by the subpoena and, upon re15 quest, providing other resources to parties or 

16 entities to prevent a recurrence of the vulner17 ability or a related vulnerability in the future. 

18 ‘‘(9) REVIEW OF PROCEDURES.—Not later than 

19 1 year after the date of enactment of this sub20 section, the Privacy Officer of the Agency shall— 

21 ‘‘(A) review the procedures developed by 

22 the Director under paragraph (8) to ensure 

23 that— 

24 ‘‘(i) the procedures are consistent with 

25 fair information practices; and 


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1 ‘‘(ii) the operations of the Agency 

2 comply with the procedures; and 

3 ‘‘(B) notify the Committee on Homeland 

4 Security and Governmental Affairs of the Sen5 ate and the Committee on Homeland Security 

6 of the House of Representatives of the results 

7 of the review. 

8 ‘‘(10) PUBLICATION OF INFORMATION.—Not 

9 later than 120 days after establishing the internal 

10 procedures under paragraph (8), the Director shall 

11 make publicly available information regarding the 

12 subpoena process under this subsection, including 

13 regarding— 

14 ‘‘(A) the purpose for subpoenas issued 

15 under this subsection; 

16 ‘‘(B) the subpoena process; 

17 ‘‘(C) the criteria for the critical infrastruc18 ture security risk assessment conducted prior to 

19 issuing a subpoena; 

20 ‘‘(D) policies and procedures on retention 

21 and sharing of data obtained by subpoena; 

22 ‘‘(E) guidelines on how entities contacted 

23 by the Director may respond to notice of a sub24 poena; and 


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1 ‘‘(F) the procedures and policies of the 

2 Agency developed under paragraph (8). 

3 ‘‘(11) ANNUAL REPORTS.—The Director shall 

4 annually submit to the Committee on Homeland Se5 curity and Governmental Affairs of the Senate and 

6 the Committee on Homeland Security of the House 

7 of Representatives a report (which may include a 

8 classified annex but with the presumption of declas9 sification) on the use of subpoenas under this sub10 section by the Director, which shall include— 

11 ‘‘(A) a discussion of— 

12 ‘‘(i) the effectiveness of the use of 

13 subpoenas to mitigate critical infrastruc14 ture security vulnerabilities; 

15 ‘‘(ii) the critical infrastructure secu16 rity risk assessment process conducted for 

17 subpoenas issued under this subsection; 

18 ‘‘(iii) the number of subpoenas issued 

19 under this subsection by the Director dur20 ing the preceding year; 

21 ‘‘(iv) to the extent practicable, the 

22 number of vulnerable enterprise devices or 

23 systems mitigated under this subsection by 

24 the Agency during the preceding year; and 


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1 ‘‘(v) the number of entities notified by 

2 the Director under this subsection, and 

3 their response, during the previous year; 

4 and 

5 ‘‘(B) for each subpoena issued under this 

6 subsection— 

7 ‘‘(i) the source of the security vulner8 ability detected, identified, or received by 

9 the Director; 

10 ‘‘(ii) the steps taken to identify the 

11 entity at risk prior to issuing the sub12 poena; and 

13 ‘‘(iii) a description of the outcome of 

14 the subpoena, including discussion on the 

15 resolution or mitigation of the critical in16 frastructure security vulnerability. 

17 ‘‘(12) PUBLICATION OF THE ANNUAL RE18 PORTS.—The Director shall make a version of the 

19 annual report required by paragraph (11) publicly 

20 available, which shall, at a minimum, include the 

21 findings described in clauses (iii), (iv), and (v) of 

22 subparagraph (A).’’. 


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1 SEC. 305. CISA DIRECTOR TERM LIMITATION. 

2 (a) IN GENERAL.—Subsection (b) of section 2202 of 

3 the Homeland Security Act of 2002 (6 U.S.C. 652) is 

4 amended by— 

5 (1) redesignating paragraph (2) as paragraph 

6 (3); and 

7 (2) inserting after paragraph (1) the following 

8 new paragraph: 

9 ‘‘(2) TERM.—Effective with respect to an indi10 vidual appointed to be the Director by the President, 

11 by and with the advice and consent of the Senate, 

12 after the date of the enactment of this paragraph, 

13 the term of office of such an individual so appointed 

14 shall be five years, and such an individual may not 

15 serve more than two terms. The term of office of the 

16 individual serving as the Director as of such date of 

17 enactment shall be five years beginning on the date 

18 on which the Director began serving.’’. 

19 (b) AMENDMENT RELATING TO QUALIFICATIONS

20 FOR CERTAIN CISA ASSISTANT DIRECTORS.—The Home21 land Security Act of 2002 is amended— 

22 (1) in subparagraph (B) of section 2203(a)(2) 

23 (6 U.S.C. 653(a)(2)), by striking ‘‘President without 

24 the advice and consent of the Senate’’ and inserting 

25 ‘‘Secretary’’; and 


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1 (2) in subparagraph (B) of section 2204(a)(2) 

2 (6 U.S.C. 654(a)(2)), by striking ‘‘President without 

3 the advice and consent of the Senate’’ and inserting 

4 ‘‘Secretary’’. 

5 (c) AMENDMENT TO POSITION LEVEL OF CISA DI6 RECTOR.—Subchapter II of chapter 53 of title 5, United 

7 States Code, is amended— 

8 (1) in section 5313, by inserting after ‘‘Admin9 istrator of the Transportation Security Administra10 tion.’’ the following: 

11 ‘‘Director, Cybersecurity and Infrastructure Se12 curity Agency.’’; and 

13 (2) in section 5314, by striking ‘‘Director, Cy14 bersecurity and Infrastructure Security Agency.’’. 

15 SEC. 306. STATE, LOCAL, TRIBAL, AND TERRITORIAL CY16 BERSECURITY. 

17 (a) IN GENERAL.—Subtitle A of title XXII of the 

18 Homeland Security Act of 2002 (6 U.S.C. 651 et seq.), 

19 as amended by this title, is further amended by adding 

20 at the end the following new sections: 

21 ‘‘SEC. 2216. CYBERSECURITY RESOURCE GUIDE DEVELOP22 MENT FOR STATE, LOCAL, TRIBAL, AND TER23 RITORIAL GOVERNMENT OFFICIALS. 

24 ‘‘The Secretary, acting through the Director, shall 

25 develop a resource guide for use by State, local, and Tribal 


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1 officials, including law enforcement officers, to help such 

2 officials prepare for, protect against, respond to, recover 

3 from, and mitigate against cyber attacks. 

4 ‘‘SEC. 2217. STATE, LOCAL, TRIBAL, AND TERRITORIAL CY5 BERSECURITY GRANTS. 

6 ‘‘(a) IN GENERAL.—The Director shall establish a 

7 State, local, Tribal, and territorial government cybersecu8 rity initiative to make grants to State, local, Tribal, and 

9 territorial governments to prepare for, protect against, re10 spond to, recover from, and mitigate against cyber at11 tacks. 

12 ‘‘(b) APPLICATION.— 

13 ‘‘(1) IN GENERAL.—Each State, local, Tribal, 

14 and territorial government may apply for a grant 

15 under this section, and shall submit such informa16 tion in support of an application relating thereto as 

17 the Director may require. 

18 ‘‘(2) MINIMUM CONTENTS OF APPLICATION.— 

19 An application under this subsection shall include 

20 the following: 

21 ‘‘(A) A description of how the State, local, 

22 Tribal, or territorial government plans to allo23 cate grant funds. 


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1 ‘‘(B) A budget showing how the State, 

2 local, Tribal, or territorial government intends 

3 to expend grant funds. 

4 ‘‘(3) DURATION.—Grants under this section 

5 shall be for one year, and a State, local, Tribal, or 

6 territorial government may apply or reapply on an 

7 annual basis. 

8 ‘‘(c) GRANT AWARD.—To be eligible to receive a 

9 grant under this section, a State, local, Tribal, or terri10 torial government shall agree to contribute, from State or 

11 local government appropriated funds, other State or local 

12 government revenue, or from private contributions re13 ceived by the State or local government, not less than 20 

14 percent of the amount of the grant. 

15 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

16 is authorized to be appropriated $50,000,000 for each of 

17 fiscal years 2020 through 2024 and such sums as may 

18 be necessary for each fiscal year thereafter to carry out 

19 this section.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 in section 1(b) of the Homeland Security Act of 2002 is 

22 amended by inserting after the item relating to section 

23 2215, as added by this title, the following new items: 

‘‘Sec. 2216. Cybersecurity resource guide development for State, local, Tribal, 

and territorial government officials. 

‘‘Sec. 2217. State, local, Tribal, and territorial cybersecurity grants.’’. 


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1 (c) ADDITIONAL REQUIREMENTS.—Subtitle A of title 

2 XXII of the Homeland Security Act of 2002 (6 U.S.C 652 

3 et seq.), as amended by this title, is further amended— 

4 (1) in section 2201 (6 U.S.C. 651)— 

5 (A) by redesignating paragraphs (4), (5), 

6 and (6) as paragraphs (5), (6), and (7), respec7 tively; and 

8 (B) by inserting after paragraph (3) the 

9 new following paragraph: 

10 ‘‘(4) ENTITY.—The term ‘entity’ shall in11 clude— 

12 ‘‘(A) an association, corporation, whether 

13 for-profit or nonprofit, partnership, proprietor14 ship, organization, institution, establishment, or 

15 individual, whether domestic or foreign; 

16 ‘‘(B) a government agency or other govern17 mental entity, whether domestic or foreign, in18 cluding State, local, Tribal, and territorial gov19 ernment entities; and 

20 ‘‘(C) the general public.’’; and 

21 (2) in section 2209 (6 U.S.C. 659), by adding 

22 at the end the following new subsection: 

23 ‘‘(n) COORDINATION.—The Director shall, to the ex24 tent practicable, and in coordination as appropriate with 


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1 Federal and non-Federal entities, such as the Multi-State 

2 Information Sharing and Analysis Center— 

3 ‘‘(1) conduct exercises with Federal and non4 Federal entities; 

5 ‘‘(2) provide operational and technical cyberse6 curity training related to cyber threat indicators, de7 fensive measures, cybersecurity risks, and incidents 

8 to Federal and non-Federal entities to address cy9 bersecurity risks or incidents, with or without reim10 bursement; 

11 ‘‘(3) assist Federal and non-Federal entities, 

12 upon request, in sharing cyber threat indicators, de13 fensive measures, cybersecurity risks, and incidents 

14 from and to the Federal Government as well as 

15 among Federal and non-Federal entities, in order to 

16 increase situational awareness and help prevent inci17 dents; 

18 ‘‘(4) provide Federal and non-Federal entities 

19 timely notifications containing specific incident and 

20 malware information that may affect such entities or 

21 individuals with respect to whom such entities have 

22 a relationship; 

23 ‘‘(5) provide and periodically update via a web 

24 portal and other means tools, products, resources, 

25 policies, guidelines, controls, procedures and other 


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1 cybersecurity standards and best practices and pro2 cedures related to information security; 

3 ‘‘(6) work with senior Federal and non-Federal 

4 officials, including State and local Chief Information 

5 Officers, senior election officials, and through na6 tional associations, to coordinate a nationwide effort 

7 to ensure effective implementation of tools, products, 

8 resources, policies, guidelines, controls, procedures, 

9 and other cybersecurity standards and best practices 

10 and procedures related to information security to se11 cure and ensure the resiliency of Federal and non12 Federal information systems and including election 

13 systems; 

14 ‘‘(7) provide, upon request, operational and 

15 technical assistance to Federal and non-Federal enti16 ties to implement tools, products, resources, policies, 

17 guidelines, controls, procedures, and other cyberse18 curity standards and best practices related to infor19 mation security, including by, as appropriate, de20 ploying and sustaining cybersecurity technologies, 

21 such as an intrusion detection capability, to assist 

22 such Federal and non-Federal entities in detecting 

23 cybersecurity risks and incidents; 

24 ‘‘(8) assist Federal and non-Federal entities in 

25 developing policies and procedures for coordinating 


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1 vulnerability disclosures, to the extent practicable, 

2 consistent with international and national standards 

3 in the information technology industry; 

4 ‘‘(9) ensure that Federal and non-Federal enti5 ties, as appropriate, are made aware of the tools, 

6 products, resources, policies, guidelines, controls, 

7 procedures, and other cybersecurity standards and 

8 best practices related to information security devel9 oped by the Department and other appropriate Fed10 eral entities for ensuring the security and resiliency 

11 of civilian information systems; and 

12 ‘‘(10) promote cybersecurity education and 

13 awareness through engagements with Federal and 

14 non-Federal entities.’’. 

15 SEC. 307. CYBERSECURITY WORKFORCE. 

16 (a) CYBERSECURITY TALENT EXCHANGE.— 

17 (1) DEFINITIONS.—In this section— 

18 (A) the term ‘‘congressional homeland se19 curity committees’’ means— 

20 (i) the Committee on Homeland Secu21 rity and Governmental Affairs and the 

22 Committee on Appropriations of the Sen23 ate; and 


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1 (ii) the Committee on Homeland Se2 curity and the Committee on Appropria3 tions of the House of Representatives; 

4 (B) the term ‘‘Department’’ means the De5 partment of Homeland Security; and 

6 (C) the term ‘‘Secretary’’ means the Sec7 retary of Homeland Security. 

8 (2) CYBERSECURITY TALENT EXCHANGE PILOT

9 PROGRAM.— 

10 (A) IN GENERAL.—Not later than 1 year 

11 after the date of enactment of this Act, the Sec12 retary shall commence carrying out a cybersecu13 rity talent exchange pilot program. 

14 (B) DELEGATION.—The Secretary may 

15 delegate any authority under this section to the 

16 Director of the Cybersecurity and Infrastruc17 ture Security Agency of the Department. 

18 (3) APPOINTMENT AUTHORITY.— 

19 (A) IN GENERAL.—Under regulations pre20 scribed by the Secretary for the purpose of car21 rying out the pilot program established under 

22 subsection (b), the Secretary may, with the 

23 agreement of a private-sector organization and 

24 the consent of the employee, arrange for the 

25 temporary assignment of an employee to the 


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1 private-sector organization, or from the private2 sector organization to a Department organiza3 tion under this section. 

4 (B) ELIGIBLE EMPLOYEES.—Employees 

5 participating in the pilot program established 

6 under subsection (b) shall have significant edu7 cation, skills, or experience relating to cyberse8 curity. 

9 (C) AGREEMENTS.— 

10 (i) IN GENERAL.—The Secretary shall 

11 provide for a written agreement among the 

12 Department, the private-sector organiza13 tion, and the employee concerned regard14 ing the terms and conditions of the assign15 ment of the employee under this section, 

16 which— 

17 (I) shall require that the em18 ployee of the Department, upon com19 pletion of the assignment, will serve in 

20 the Department, or elsewhere in the 

21 civil service if approved by the Sec22 retary, for a period equal to twice the 

23 length of the assignment; 

24 (II) shall provide that if the em25 ployee of the Department or of the 


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1 private-sector organization, as the 

2 case may be, fails to carry out the 

3 agreement, the employee shall be lia4 ble to the United States for payment 

5 of all expenses of the assignment, un6 less that failure was for good and suf7 ficient reason, as determined by the 

8 Secretary; 

9 (III) shall contain language en10 suring that the employee of the De11 partment does not improperly use pre12 decisional or draft deliberative infor13 mation that the employee may be 

14 privy to or aware of related to De15 partment programing, budgeting, 

16 resourcing, acquisition, or procure17 ment for the benefit or advantage of 

18 the private-sector organization; and 

19 (IV) shall cover matters relating 

20 to confidentiality, intellectual property 

21 rights, and such other matters as the 

22 Secretary considers appropriate. 

23 (ii) LIABILITY.—An amount for which 

24 an employee is liable under subparagraph 


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1 (i)(II) shall be treated as a debt due the 

2 United States. 

3 (iii) WAIVER.—The Secretary may 

4 waive, in whole or in part, collection of a 

5 debt described in subparagraph (B) based 

6 on a determination that the collection 

7 would be against equity and good con8 science and not in the best interests of the 

9 United States, after taking into account 

10 any indication of fraud, misrepresentation, 

11 fault, or lack of good faith on the part of 

12 the employee. 

13 (D) TERMINATION.—An assignment under 

14 this subsection may, at any time and for any 

15 reason, be terminated by the Department or the 

16 private-sector organization concerned. 

17 (E) DURATION.— 

18 (i) IN GENERAL.—Except as provided 

19 in subparagraph (B), an assignment under 

20 this subsection shall be for a period of not 

21 less than 3 months and not more than 2 

22 years, and renewable up to a total of 4 

23 years. 

24 (ii) EXCEPTION.—An assignment 

25 under this subsection may be for a period 


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1 in excess of 2 years, but not more than 4 

2 years, if the Secretary determines that the 

3 assignment is necessary to meet critical 

4 mission or program requirements. 

5 (iii) LIMITATION.—No employee of 

6 the Department may be assigned under 

7 this subsection for more than a total of 4 

8 years inclusive of all assignments. 

9 (F) STATUS OF FEDERAL EMPLOYEES AS10 SIGNED TO PRIVATE-SECTOR ORGANIZATIONS.— 

11 (i) IN GENERAL.—An employee of the 

12 Department who is assigned to a private13 sector organization under this subsection 

14 shall be considered, during the period of 

15 assignment, to be on detail to a regular 

16 work assignment in the Department for all 

17 purposes. 

18 (ii) WRITTEN AGREEMENT.—The 

19 written agreement established under para20 graph (3) shall address the specific terms 

21 and conditions related to the continued 

22 status of the employee as a Federal em23 ployee. 

24 (iii) CERTIFICATION.—In establishing 

25 a temporary assignment of an employee of 


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1 the Department to a private-sector organi2 zation, the Secretary shall— 

3 (I) ensure that the normal duties 

4 and functions of the employee can be 

5 reasonably performed by other em6 ployees of the Department without the 

7 transfer or reassignment of other per8 sonnel of the Department; and 

9 (II) certify that the temporary 

10 assignment of the employee shall not 

11 have an adverse or negative impact on 

12 organizational capabilities associated 

13 with the assignment. 

14 (G) TERMS AND CONDITIONS FOR PRI15 VATE-SECTOR EMPLOYEES.—An employee of a 

16 private-sector organization who is assigned to a 

17 Department organization under this sub18 section— 

19 (i) shall continue to receive pay and 

20 benefits from the private-sector organiza21 tion from which the employee is assigned 

22 and shall not receive pay or benefits from 

23 the Department, except as provided in sub24 paragraph (B); 


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1 (ii) is deemed to be an employee of 

2 the Department for the purposes of— 

3 (I) chapters 73 and 81 of title 5, 

4 United States Code; 

5 (II) sections 201, 203, 205, 207, 

6 208, 209, 603, 606, 607, 643, 654, 

7 1905, and 1913 of title 18, United 

8 States Code; 

9 (III) sections 1343, 1344, and 

10 1349(b) of title 31, United States 

11 Code; 

12 (IV) chapter 171 of title 28, 

13 United States Code (commonly known 

14 as the ‘‘Federal Tort Claims Act’’) 

15 and any other Federal tort liability 

16 statute; 

17 (V) the Ethics in Government 

18 Act of 1978 (5 U.S.C. App.); and 

19 (VI) chapter 21 of title 41, 

20 United States Code; 

21 (iii) shall not have access to any trade 

22 secrets or to any other nonpublic informa23 tion which is of commercial value to the 

24 private-sector organization from which the 

25 employee is assigned; 


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1 (iv) may perform work that is consid2 ered inherently governmental in nature 

3 only when requested in writing by the Sec4 retary; and 

5 (v) may not be used to circumvent 

6 any limitation or restriction on the size of 

7 the workforce of the Department. 

8 (H) PROHIBITION AGAINST CHARGING

9 CERTAIN COSTS TO THE FEDERAL GOVERN10 MENT.—A private-sector organization may not 

11 charge the Department or any other agency of 

12 the Federal Government, as direct or indirect 

13 costs under a Federal contract, the costs of pay 

14 or benefits paid by the organization to an em15 ployee assigned to a Department organization 

16 under this subsection for the period of the as17 signment. 

18 (I) EXPENSES.— 

19 (i) IN GENERAL.—The Secretary may 

20 pay for travel and other work-related ex21 penses associated with individuals partici22 pating in the pilot program established 

23 under subsection (b). The Secretary shall 

24 not pay for lodging or per diem expenses 

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1 tion, unless such expenses are in further2 ance of work-related travel other than par3 ticipating in the pilot program. 

4 (ii) BACKGROUND INVESTIGATION.—A 

5 private person supporting an individual 

6 participating in the pilot program may pay 

7 for a background investigation associated 

8 with the participation of the individual in 

9 the pilot program. 

10 (J) MAXIMUM NUMBER OF PARTICI11 PANTS.—Not more than 250 individuals may 

12 concurrently participate in the pilot program es13 tablished under subsection (b). 

14 (4) DETAILING OF PARTICIPANTS.—With the 

15 consent of an individual participating in the pilot 

16 program established under subsection (b), the Sec17 retary may, under the pilot program, detail the indi18 vidual to another Federal department or agency. 

19 (5) SUNSET.—The pilot program established 

20 under subsection (b) shall terminate on the date that 

21 is 7 years after the date of enactment of this Act. 

22 (6) REPORTS.— 

23 (A) PRELIMINARY REPORT.—Not later 

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1 sional homeland security committees a prelimi2 nary report describing the implementation of 

3 the pilot program established under subsection 

4 (b), including the number of participating em5 ployees from the Department and from private 

6 sector organizations, the departmental missions 

7 or programs carried out by employees partici8 pating in the pilot program, and recommenda9 tions to maximize efficiencies and the effective10 ness of the pilot program in order to support 

11 Department cybersecurity missions and objec12 tives. 

13 (B) FINAL REPORT.—Not later than 6 

14 years after the date of enactment of this Act, 

15 the Secretary shall submit to the congressional 

16 homeland security committees a final report de17 scribing the implementation of the pilot pro18 gram established under subsection (b), includ19 ing the number of participating employees from 

20 the Department and from private sector organi21 zations, the departmental missions or programs 

22 carried out by employees participating in the 

23 pilot program, and providing a recommendation 

24 on whether the pilot program should be made 

25 permanent. 


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1 (b) IN GENERAL.—Subtitle A of title XXII of the 

2 Homeland Security Act of 2002 (6 U.S.C. 651 et seq.), 

3 as amended by this title, is further amended by adding 

4 at the end the following new section: 

5 ‘‘SEC. 2218. CYBERSECURITY APPRENTICESHIPS. 

6 ‘‘The director of cybersecurity and infrastructure se7 curity agency may establish a cybersecurity apprenticeship 

8 program in coordination with the National Institutes of 

9 Standards and Technology National Initiative for Cyberse10 curity Education and the Department of Labor Appren11 ticeship Office.’’. 

12 (c) CLERICAL AMENDMENT.—The table of contents 

13 in section 1(b) of the Homeland Security Act of 2002 is 

14 amended by inserting after the item relating to section 

15 2217, as added by this title, the following new item: 

‘‘Sec. 2218. Cybersecurity apprenticeships.’’. 

16 SEC. 308. ELECTION SECURITY. 

17 (a) ELECTION INFRASTRUCTURE DESIGNATION.— 

18 Subparagraph (J) of section 2001(3) of the Homeland Se19 curity Act of 2002 (6 U.S.C. 601(3)) is amended by in20 serting ‘‘, including election infrastructure’’ before the pe21 riod at the end. 

22 (b) TIMELY THREAT INFORMATION.—Subsection (d) 

23 of section 201 of the Homeland Security Act of 2002 (6 

24 U.S.C. 121), as amended by title II of this Act, is further 


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1 amended by adding at the end the following new para2 graph: 

3 ‘‘(25) To provide timely threat information re4 garding election infrastructure to the chief State 

5 election official of the State with respect to which 

6 such information pertains.’’. 

7 (c) ELECTION SECURITY RESPONSIBILITIES.—In 

8 carrying out the responsibilities under section 2202 of the 

9 Homeland Security Act of 2002 (6 U.S.C. 652), the Direc10 tor of Cybersecurity and Infrastructure Security Agency 

11 may— 

12 (1) upon request, provide State and local elec13 tion jurisdictions, with— 

14 (A) technical assistance with election infra15 structure; 

16 (B) cyber hygiene service for internet-fac17 ing systems; 

18 (C) risk and vulnerability assessments; 

19 (D) incident response assistance; and 

20 (E) provide physical and protective secu21 rity tools, training and resources; and 

22 (2) employ field-base cybersecurity advisors and 

23 protective security advisors. 


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1 SEC. 309. PROTECTION FROM LIABILITY. 

2 Section 2224 of the Homeland Security Act (6 U.S.C. 

3 673) is amending by adding at the end the following new 

4 subsections: 

5 ‘‘(i) MONITORING OF INFORMATION SYSTEMS.—No 

6 cause of action shall lie or be maintained in any court 

7 against any private entity, and such action shall be 

8 promptly dismissed, for the monitoring of an information 

9 system and information under section 104(a) that is con10 ducted in accordance with this title. 

11 ‘‘(j) SHARING OR RECEIPT OF CYBER THREAT INDI12 CATORS.— 

13 ‘‘(1) IN GENERAL.—No cause of action shall lie 

14 or be maintained in any court against any private 

15 entity, and such action shall be promptly dismissed, 

16 for the sharing or receipt of a cyber threat indicator 

17 or defensive measure under section 104(c) if— 

18 ‘‘(A) such sharing or receipt is conducted 

19 in accordance with this title; and 

20 ‘‘(B) in a case in which a cyber threat in21 dicator or defensive measure is shared with the 

22 Federal Government, the cyber threat indicator 

23 or defensive measure is shared in a manner 

24 that is consistent with section 105(c)(1)(B) and 

25 the sharing or receipt, as the case may be, oc26 curs after the earlier of— 


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1 ‘‘(i) the date on which the interim 

2 policies and procedures are submitted to 

3 Congress under section 105(a)(1) and 

4 guidelines are submitted to Congress under 

5 section 105(b)(1); or 

6 ‘‘(ii) the date that is 60 days after the 

7 date of the enactment of this subsection. 

8 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

9 this subsection may be construed to— 

10 ‘‘(A) create a duty to— 

11 ‘‘(i) share a cyber threat indicator or 

12 defensive measure; or 

13 ‘‘(ii) warn or act based on the receipt 

14 of a cyber threat indicator or defensive 

15 measure; or 

16 ‘‘(B) undermine or limit the availability of 

17 otherwise applicable common law or statutory 

18 defenses.’’. 

19 SEC. 310. PERMANENT EXTENSION OF CHEMICAL FACILITY 

20 ANTI-TERRORISM STANDARDS PROGRAM OF 

21 THE DEPARTMENT OF HOMELAND SECURITY. 

22 Section 5 of the Protecting and Securing Chemical 

23 Facilities from Terrorist Attacks Act of 2014 (Public Law 

24 113–254; 6 U.S.C. 621 note) is repealed. 


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1 SEC. 311. CYBERSECURITY RESEARCH AND DEVELOPMENT 

2 PROJECTS. 

3 (a) CYBERSECURITY RESEARCH AND DEVELOP4 MENT.— 

5 (1) IN GENERAL.—Title III of the Homeland 

6 Security Act of 2002 (6 U.S.C. 181 et seq.), as 

7 amended by title I of this Act, is further amended 

8 by adding at the end the following new section: 

9 ‘‘SEC. 322. CYBERSECURITY RESEARCH AND DEVELOP10 MENT. 

11 ‘‘(a) IN GENERAL.—The Under Secretary for Science 

12 and Technology shall support the research, development, 

13 testing, evaluation, and transition of cybersecurity tech14 nologies, including fundamental research to improve the 

15 sharing of information, information security, analytics, 

16 and methodologies related to cybersecurity risks and inci17 dents, consistent with current law. 

18 ‘‘(b) ACTIVITIES.—The research and development 

19 supported under subsection (a) shall serve the components 

20 of the Department and shall— 

21 ‘‘(1) advance the development and accelerate 

22 the deployment of more secure information systems; 

23 ‘‘(2) improve and create technologies for detect24 ing and preventing attacks or intrusions, including 

25 real-time continuous diagnostics, real-time analytic 


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1 technologies, and full life cycle information protec2 tion; 

3 ‘‘(3) improve and create mitigation and recov4 ery methodologies, including techniques and policies 

5 for real-time containment of attacks and develop6 ment of resilient networks and information systems; 

7 ‘‘(4) assist the development and support infra8 structure and tools to support cybersecurity research 

9 and development efforts, including modeling, 

10 testbeds, and data sets for assessment of new cyber11 security technologies; 

12 ‘‘(5) assist the development and support of 

13 technologies to reduce vulnerabilities in industrial 

14 control systems; 

15 ‘‘(6) assist the development and support cyber 

16 forensics and attack attribution capabilities; 

17 ‘‘(7) assist the development and accelerate the 

18 deployment of full information life cycle security 

19 technologies to enhance protection, control, and pri20 vacy of information to detect and prevent cybersecu21 rity risks and incidents; 

22 ‘‘(8) assist the development and accelerate the 

23 deployment of information security measures, in ad24 dition to perimeter-based protections; 


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1 ‘‘(9) assist the development and accelerate the 

2 deployment of technologies to detect improper infor3 mation access by authorized users; 

4 ‘‘(10) assist the development and accelerate the 

5 deployment of cryptographic technologies to protect 

6 information at rest, in transit, and in use; 

7 ‘‘(11) assist the development and accelerate the 

8 deployment of methods to promote greater software 

9 assurance; 

10 ‘‘(12) assist the development and accelerate the 

11 deployment of tools to securely and automatically 

12 update software and firmware in use, with limited or 

13 no necessary intervention by users and limited im14 pact on concurrently operating systems and proc15 esses; and 

16 ‘‘(13) assist in identifying and addressing un17 identified or future cybersecurity threats. 

18 ‘‘(c) COORDINATION.—In carrying out this section, 

19 the Under Secretary for Science and Technology shall co20 ordinate activities with— 

21 ‘‘(1) the Director of Cybersecurity and Infra22 structure Security; 

23 ‘‘(2) the heads of other relevant Federal depart24 ments and agencies, as appropriate; and 

25 ‘‘(3) industry and academia. 


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1 ‘‘(d) TRANSITION TO PRACTICE.—The Under Sec2 retary for Science and Technology shall— 

3 ‘‘(1) support projects carried out under this 

4 title through the full life cycle of such projects, in5 cluding research, development, testing, evaluation, 

6 pilots, and transitions; 

7 ‘‘(2) identify mature technologies that address 

8 existing or imminent cybersecurity gaps in public or 

9 private information systems and networks of infor10 mation systems, protect sensitive information within 

11 and outside networks of information systems, iden12 tify and support necessary improvements identified 

13 during pilot programs and testing and evaluation ac14 tivities, and introduce new cybersecurity technologies 

15 throughout the homeland security enterprise through 

16 partnerships and commercialization; and 

17 ‘‘(3) target federally funded cybersecurity re18 search that demonstrates a high probability of suc19 cessful transition to the commercial market within 2 

20 years and that is expected to have a notable impact 

21 on the public or private information systems and 

22 networks of information systems. 

23 ‘‘(e) DEFINITIONS.—In this section: 


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1 ‘‘(1) CYBERSECURITY RISK.—The term ‘cyber2 security risk’ has the meaning given the term in sec3 tion 2209. 

4 ‘‘(2) HOMELAND SECURITY ENTERPRISE.—The 

5 term ‘homeland security enterprise’ means relevant 

6 governmental and nongovernmental entities involved 

7 in homeland security, including Federal, State, local, 

8 and Tribal government officials, private sector rep9 resentatives, academics, and other policy experts. 

10 ‘‘(3) INCIDENT.—The term ‘incident’ has the 

11 meaning given the term in section 2209. 

12 ‘‘(4) INFORMATION SYSTEM.—The term ‘infor13 mation system’ has the meaning given the term in 

14 section 3502 of title 44, United States Code. 

15 ‘‘(5) SOFTWARE ASSURANCE.—The term ‘soft16 ware assurance’ means confidence that software— 

17 ‘‘(A) is free from vulnerabilities, either in18 tentionally designed into the software or acci19 dentally inserted at any time during the life 

20 cycle of the software; and 

21 ‘‘(B) functioning in the intended manner.’’. 

22 (2) CLERICAL AMENDMENT.—The table of con23 tents in section 1(b) of the Homeland Security Act 

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1 ing to section 321, as added by title I of this Act, 

2 the following new item: 

‘‘Sec. 322. Cybersecurity research and development.’’. 

3 (b) RESEARCH AND DEVELOPMENT PROJECTS.— 

4 Section 831 of the Homeland Security Act of 2002 (6 

5 U.S.C. 391) is amended— 

6 (1) in subsection (a)— 

7 (A) in the matter preceding paragraph (1), 

8 by striking ‘‘2017’’ and inserting ‘‘2022’’; and 

9 (B) in paragraph (2), by striking ‘‘under 

10 section 845 of the National Defense Authoriza11 tion Act for Fiscal Year 1994 (Public Law 

12 103–160). In applying the authorities of that 

13 section 845, subsection (c) of that section shall 

14 apply with respect to prototype projects under 

15 this paragraph, and the Secretary shall perform 

16 the functions of the Secretary of Defense under 

17 subsection (d) thereof’’ and inserting ‘‘under 

18 section 2371b of title 10, United States Code, 

19 and the Secretary shall perform the functions of 

20 the Secretary of Defense as prescribed.’’; 

21 (2) in subsection (c)— 

22 (A) in paragraph (1), in the matter pre23 ceding subparagraph (A), by striking ‘‘2017’’ 

24 and inserting ‘‘2022’’; and 


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1 (B) by amending paragraph (2) to read as 

2 follows: 

3 ‘‘(2) REPORT.—The Secretary shall annually 

4 submit to the Committee on Homeland Security and 

5 the Committee on Science, Space, and Technology of 

6 the House of Representatives and the Committee on 

7 Homeland Security and Governmental Affairs of the 

8 Senate a report detailing the projects for which the 

9 authority granted by subsection (a) was utilized, the 

10 rationale for such utilizations, the funds spent uti11 lizing such authority, the extent of cost-sharing for 

12 such projects among Federal and non-Federal 

13 sources, the extent to which utilization of such au14 thority has addressed a homeland security capability 

15 gap or threat to the homeland identified by the De16 partment, the total amount of payments, if any, that 

17 were received by the Federal Government as a result 

18 of the utilization of such authority during the period 

19 covered by each such report, the outcome of each 

20 project for which such authority was utilized, and 

21 the results of any audits of such projects.’’; 

22 (3) in subsection (d), by striking ‘‘as defined in 

23 section 845(e) of the National Defense Authorization 

24 Act for Fiscal Year 1994 (Public Law 103–160; 10 


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1 U.S.C. 2371 note)’’ and inserting ‘‘as defined in sec2 tion 2371b(e) of title 10, United States Code.’’; and 

3 (4) by adding at the end the following: 

4 ‘‘(e) TRAINING.—The Secretary shall develop a train5 ing program for acquisitions staff on the utilization of the 

6 authority provided under subsection (a) to ensure account7 ability and effective management of projects consistent 

8 with the Program Management Improvement Account9 ability Act (Public Law 114–264; 130 Stat. 1371) and 

10 the amendments made by such Act.’’. 

11 (c) NO ADDITIONAL FUNDS AUTHORIZED.—No addi12 tional funds are authorized to carry out the requirements 

13 of this section and the amendments made by this section. 

14 Such requirements shall be carried out using amounts oth15 erwise authorized. 

16 SEC. 312. LOAN REPAYMENT PROGRAM. 

17 (a) AGREEMENT.—The Secretary of Homeland Secu18 rity shall enter into an agreement with each individual in 

19 a cybersecurity position identified by a Federal agency 

20 pursuant to section 303 of the Federal Cybersecurity 

21 Workforce Assessment Act of 2015, under which— 

22 (1) the individual agrees serve in such a posi23 tion for not less than a 5-year period; and 

24 (2) for each year of such service, the Secretary 

25 shall repay an amount of principal and interest, as 


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1 specified in the agreement, that the individual owes 

2 on qualifying educational loans. 

3 (b) QUALIFYING EDUCATIONAL LOAN DEFINED.— 

4 The term ‘‘qualifying educational loan’’ means a loan 

5 made under part D of title IV of the Higher Education 

6 Act of 1965 (20 U.S.C. 1087a) or private education loan 

7 (as defined in section 140 of the Truth in Lending Act) 

8 received by an individual for the cost of attendance (as 

9 defined in section 472 of the Higher Education Act of 

10 1965 (20 U.S.C. 1087ll)) at an institution designated by 

11 the Department as a Center for Academic Excellence in 

12 Cybersecurity. 

13 (c) BREACH REMEDIES.— 

14 (1) IN GENERAL.—Subject to paragraph (1), an 

15 agreement under subsection (a) shall provide for 

16 remedies in a case in which an individual does not 

17 comply with the service requirement under sub18 section (a)(1), including repayment or partial repay19 ment of the loan repayment amount received under 

20 subsection (a), with interest. 

21 (2) WAIVER.—The Secretary of Homeland Se22 curity waive a remedy provided for under paragraph 

23 (1) in the case of extreme hardship or extreme need, 

24 as determined by the Secretary. 


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1 (d) ADMINISTRATION.—The Secretary of Homeland 

2 Security may carry out this section directly or enter into 

3 an agreement with another Federal agency or other service 

4 provider to assist in the administration of this section. 

5 (e) REPAYMENT SCHEDULE.—The Secretary of 

6 Homeland Security may enter into an agreement with the 

7 holder of any loan for which the Secretary makes pay8 ments under this section to establish a schedule for the 

9 making of such payments. 

10 (f) REGULATIONS.—Not later than 270 days after 

11 the date of enactment of this subsection, the Secretary of 

12 Homeland Security shall promulgate regulations to carry 

13 out this section, including regulations to determine the ag14 gregate amount of loan repayment that an individual may 

15 receive under subsection (a). 

16 SEC. 313. EXCLUSION OF CERTAIN STUDENT LOAN REPAY17 MENTS. 

18 (a) IN GENERAL.—Part III of subchapter B of chap19 ter 1 of the Internal Revenue Code of 1986 is amended 

20 by inserting after section 139H the following new section: 

21 ‘‘SEC. 139I. CERTAIN STUDENT LOAN REPAYMENTS. 

22 ‘‘Gross income shall not include any amount of loan 

23 repayment received under section 312(a) of the Keep 

24 America Secure Act.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for part III of subchapter B of chapter 1 of such Code 

3 is amended by inserting after the item relating to section 

4 139H the following new item: 

‘‘Sec. 139I. Certain student loan repayments.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply to taxable years beginning after 

7 December 31, 2019. 

8 SEC. 314. SCHOLARSHIP FOR SERVICE. 

9 (a) IN GENERAL.—Subtitle A of title XXII of the 

10 Homeland Security Act of 2002 (6 U.S.C. 651 et seq.), 

11 as amended by this title, is further amended by adding 

12 at the end the following new section: 

13 ‘‘SEC. 2219. SCHOLARSHIP FOR SERVICE. 

14 ‘‘(a) IN GENERAL.—The Secretary, acting through 

15 the Director, may establish a scholarship program (in this 

16 section referred to as the ‘program’) to recruit and train 

17 information technology, cybersecurity, and industrial con18 trol system security professionals to work in the Agency. 

19 ‘‘(b) ELEMENTS.—The program shall— 

20 ‘‘(1) provide scholarships through institutions 

21 of higher education, including community colleges, 

22 that are designated as National Centers of Academic 

23 Excellence in cybersecurity by the Department, to 

24 students who are enrolled in programs of study at 


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1 such institutions leading to degrees or specialized 

2 program certifications in the cybersecurity field; 

3 ‘‘(2) provide scholarship recipients with summer 

4 internship opportunities or other meaningful tem5 porary appointments relating to the cybersecurity 

6 mission of the Department; and 

7 ‘‘(3) prioritize the employment placement in the 

8 Department of at least 80 percent of scholarship re9 cipients. 

10 ‘‘(c) AMOUNT.—A scholarship awarded under the 

11 program shall be in an amount that— 

12 ‘‘(1) covers the recipient’s tuition and fees for 

13 not more than 4 years; and 

14 ‘‘(2) provides the recipient with a stipend. 

15 ‘‘(d) POST-AWARD EMPLOYMENT OBLIGATIONS.— 

16 Each scholarship recipient, as a condition of receiving a 

17 scholarship under the program, shall enter into an agree18 ment under which the recipient agrees to work for a period 

19 of five years in the cybersecurity mission of the Depart20 ment after receipt of the student’s degree or specialized 

21 program certification in the cybersecurity field. 

22 ‘‘(e) ELIGIBILITY.— To be eligible to receive a schol23 arship under the program, an individual shall— 

24 ‘‘(1) be a citizen or lawful permanent resident 

25 of the United States; 


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1 ‘‘(2) have demonstrated a high level of com2 petency in relevant knowledge, skills, and abilities, 

3 as defined by the national cybersecurity awareness 

4 and education program of the National Institute of 

5 Standards and Technology pursuant to section 401 

6 of the Cybersecurity Enhancement Act of 2014 (15 

7 U.S.C. 7451); 

8 ‘‘(3) be a full-time student in a technology-re9 lated degree program at an institution described in 

10 subsection (b)(1), except that in the case of a stu11 dent who is enrolled in a community college, be a 

12 student pursuing a degree on a less than full-time 

13 basis, but not less than half-time basis; and 

14 ‘‘(4) accept the terms of a scholarship under 

15 the program. 

16 ‘‘(f) CONDITIONS OF SUPPORT.— 

17 ‘‘(1) IN GENERAL.—As a condition of receiving 

18 a scholarship under the program, a recipient shall 

19 agree to provide the institution described in sub20 section (b)(1) with annual verifiable documentation 

21 of post-award employment and up-to-date contact in22 formation. 

23 ‘‘(2) TERMS.—A scholarship recipient under the 

24 program shall be liable to the United States as pro25 vided in subsection (i) if the recipient— 


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1 ‘‘(A) does not maintain an acceptable level 

2 of academic standing at the applicable institu3 tion described in subsection (b)(1), as deter4 mined by the Secretary, acting through the Di5 rector; 

6 ‘‘(B) is dismissed for disciplinary reasons 

7 from such applicable institution; 

8 ‘‘(C) withdraws from the eligible degree 

9 program before completing the program of 

10 study; 

11 ‘‘(D) declares an intention to not fulfill the 

12 post-award employment obligation under the 

13 program; or 

14 ‘‘(E) does not fulfill the post-award em15 ployment obligation under the program. 

16 ‘‘(g) AMOUNT OF REPAYMENT.— 

17 ‘‘(1) LESS THAN ONE YEAR OF SERVICE.—If a 

18 circumstance described in subsection (f)(2) occurs 

19 before the completion of one year of a post-award 

20 employment obligation under the program, the total 

21 monetary amount of the scholarship award received 

22 by the recipient under the program shall be— 

23 ‘‘(A) repaid; or 

24 ‘‘(B) treated as a loan to be repaid in ac25 cordance with subsection (h). 


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1 ‘‘(2) ONE OR MORE YEARS OF SERVICE.—If a 

2 circumstance described in subparagraph (D) or (E) 

3 of subsection (f)(2) occurs after the completion of 

4 one or more years of a post-award employment obli5 gation under the program, the total monetary 

6 amount of the scholarship awards received by the re7 cipient under the program, reduced by the ratio of 

8 the number of years of service completed divided by 

9 the number of years of service required, shall be— 

10 ‘‘(A) repaid; or 

11 ‘‘(B) treated as a loan to be repaid in ac12 cordance with subsection (h). 

13 ‘‘(h) REPAYMENTS.—A loan described in subsection 

14 (g) shall be— 

15 ‘‘(1) treated as a Federal Direct Unsubsidized 

16 Stafford Loan under part D of title IV of the High17 er Education Act of 1965 (20 U.S.C. 1087a et seq.); 

18 and 

19 ‘‘(2) subject to repayment, together with inter20 est thereon accruing from the date of the scholarship 

21 award, in accordance with terms and conditions 

22 specified by the Secretary, acting through the Direc23 tor, (in consultation with the Secretary of Edu24 cation) in regulations promulgated to carry out this 

25 subsection. 


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1 ‘‘(i) COLLECTION OF REPAYMENT.— 

2 ‘‘(1) IN GENERAL.—In the event that a scholar3 ship recipient is required to repay the scholarship 

4 award under this section, an institution described in 

5 subsection (b)(1) providing the scholarship shall— 

6 ‘‘(A) determine the repayment amounts 

7 and notify the recipient and the Secretary of 

8 the amounts owed; and 

9 ‘‘(B) collect the repayment amounts within 

10 a period of time as determined by the Sec11 retary, or the repayment amounts shall be 

12 treated as a loan in accordance with subsection 

13 (h). 

14 ‘‘(2) RETURNED TO TREASURY.—Except as 

15 provided in paragraph (3), any repayment under this 

16 subsection shall be returned to the Treasury of the 

17 United States. 

18 ‘‘(3) RETAINED PERCENTAGE.—An institution 

19 described in subsection (b)(1) may retain a percent20 age of any repayment such institution collects under 

21 this subsection to defray administrative costs associ22 ated with such collection. The Secretary shall estab23 lish a single, fixed percentage that will apply to all 

24 such institutions. 


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1 ‘‘(j) EXCEPTIONS.—The Secretary may provide for 

2 the partial or total waiver or suspension of any service 

3 or repayment obligation by an individual under this sec4 tion whenever compliance by such individual with such ob5 ligation is impossible or would involve extreme hardship 

6 to such individual, or if enforcement of such obligation 

7 with respect to such individual would be unconscionable.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 in section 1(b) of the Homeland Security Act of 2002 is 

10 amended by inserting after the item relating to section 

11 2218, as added by this title, the following new item: 

‘‘Sec. 2219. Scholarship for service.’’. 

12 SEC. 315. CYBERSECURITY AND INFRASTRUCTURE SECU13 RITY AGENCY REVIEW. 

14 (a) IN GENERAL.—The Director of the Cybersecurity 

15 and Infrastructure Security Agency of the Department of 

16 Homeland Security shall conduct a review of the ability 

17 of the Cybersecurity and Infrastructure Security Agency 

18 to carry out its mission requirements, as well as the rec19 ommendations detailed in the U.S. Cyberspace Solarium 

20 Commission’s Report regarding the Agency. 

21 (b) ELEMENTS OF REVIEW.—The review conducted 

22 in accordance with subsection (a) shall include the fol23 lowing elements: 

24 (1) An assessment of how additional budget re25 sources could be used by the Cybersecurity and InVerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 E:\BILLS\H8309.IH H8309

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1 frastructure Security Agency for projects and pro2 grams that— 

3 (A) support the national risk management 

4 mission; 

5 (B) support public and private-sector cy6 bersecurity; 

7 (C) promote public-private integration; and 

8 (D) provide situational awareness of cyber9 security threats. 

10 (2) A force structure assessment of the Cyber11 security and Infrastructure Security Agency, includ12 ing— 

13 (A) a determination of the appropriate size 

14 and composition of personnel to carry out the 

15 mission requirements of the Agency, as well as 

16 the recommendations detailed in the U.S. 

17 Cyberspace Solarium Commission’s Report re18 garding the Agency; 

19 (B) as assessment of whether existing per20 sonnel are appropriately matched to the 

21 prioritization of threats in the cyber domain 

22 and risks to critical infrastructure; 

23 (C) an assessment of whether the Agency 

24 has the appropriate personnel and resources 

25 to— 


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1 (i) perform risk assessments, threat 

2 hunting, and incident response to support 

3 both private and public cybersecurity; 

4 (ii) carry out its responsibilities re5 lated to the security of Federal information 

6 and Federal information systems (as such 

7 term is defined in section 3502 of title 44, 

8 United States Code); and 

9 (iii) carry out its critical infrastruc10 ture responsibilities, including national risk 

11 management; 

12 (D) an assessment of whether current 

13 structure, personnel, and resources of regional 

14 field offices are sufficient to carry out Agency 

15 responsibilities and mission requirements; and 

16 (E) an assessment of current Cybersecu17 rity and Infrastructure Security Agency facili18 ties, including a review of the suitability of such 

19 facilities to fully support current and projected 

20 mission requirements nationally and regionally, 

21 and recommendations regarding future facility 

22 requirements. 

23 (c) SUBMISSION OF REVIEW.—Not later than one 

24 year after the date of the enactment of this Act, the Sec25 retary of Homeland Security shall submit to the ComVerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 E:\BILLS\H8309.IH H8309

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1 mittee on Homeland Security of the House of Representa2 tives and the Committee on Homeland Security and Gov3 ernmental Affairs of the Senate a report detailing the re4 sult of the review conducted in accordance with subsection 

5 (a), including recommendations to address any identified 

6 gaps. 

7 (d) GENERAL SERVICES ADMINISTRATION RE8 VIEW.— 

9 (1) SUBMISSION OF ASSESSMENT.—Upon sub10 mission to the Committee on Homeland Security of 

11 the House of Representatives and the Committee on 

12 Homeland Security and Governmental Affairs of the 

13 Senate of the report required under subsection (c), 

14 the Director of the Cybersecurity and Infrastructure 

15 Security Agency of the Department of Homeland Se16 curity shall submit to the Administrator of the Gen17 eral Services Administration the results of the as18 sessment required under subsection (b)(2)(E). 

19 (2) REVIEW.—The Administrator of the Gen20 eral Services Administration shall— 

21 (A) conduct a review of Cybersecurity and 

22 Infrastructure Security Agency assessment re23 quired under subsection (b)(2)(E); and 

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1 ity or augment existing facilities to ensure suffi2 cient size and accommodations to fully support 

3 current and projected mission requirements, in4 cluding the integration of personnel from the 

5 private sector and other Federal departments 

6 and agencies. 

7 (3) SUBMISSION OF REVIEW.—Not later than 

8 30 days after receipt of the assessment in accord9 ance with paragraph (1), the Administrator of the 

10 General Services Administration shall submit to the 

11 President, the Secretary of Homeland Security, the 

12 Committee on Homeland Security and Governmental 

13 Affairs of the Senate, and the Committee on Home14 land Security of the House of Representatives the 

15 review required under paragraph (2). 

16 SEC. 316. STRATEGY TO SECURE EMAIL. 

17 (a) IN GENERAL.—Not later than December 31, 

18 2021, the Secretary of Homeland Security shall develop 

19 and submit to Congress a strategy, including rec20 ommendations, to implement across all United States21 based email providers Domain-based Message Authentica22 tion, Reporting, and Conformance standard at scale. 

23 (b) ELEMENTS.—The strategy required under sub24 section (a) shall include the following: 


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1 (1) A recommendation for the minimum size 

2 threshold for United States-based email providers 

3 for applicability of Domain-based Message Authen4 tication, Reporting, and Conformance. 

5 (2) A description of the security and privacy 

6 benefits of implementing the Domain-based Message 

7 Authentication, Reporting, and Conformance stand8 ard at scale, including recommendations for national 

9 security exemptions, as appropriate, as well as the 

10 burdens of such implementation and an identifica11 tion of the entities on which such burdens would 

12 most likely fall. 

13 (3) An identification of key United States and 

14 international stakeholders associated with such im15 plementation. 

16 (4) An identification of any barriers to such im17 plementing, including a cost-benefit analysis where 

18 feasible. 

19 (5) An initial estimate of the total cost to the 

20 Federal Government and implementing entities in 

21 the private sector of such implementing, including 

22 recommendations for defraying such costs, if appli23 cable. 

24 (c) CONSULTATION.—In developing the strategies 

25 and recommendations under subsection (a), the Secretary 


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1 of Homeland Security may, as appropriate, consult with 

2 representatives from the information technology sector. 

3 (d) EXEMPTION.—The Federal Advisory Committee 

4 Act (5 U.S.C. App.) shall not apply to this section or to 

5 any action to implement this section. 

6 (e) DEFINITION.—In this section, the term ‘‘Domain7 based Message Authentication, Reporting, and Conform8 ance’’ means an email authentication, policy, and report9 ing protocol that verifies the authenticity of the sender of 

10 an email and blocks and reports to the sender fraudulent 

11 accounts. 

12 SEC. 317. STRENGTHENING FEDERAL NETWORKS. 

13 (a) AUTHORITY.—Section 3553(b) of title 44, United 

14 States Code, is amended— 

15 (1) in paragraph (6)(D), by striking ‘‘; and’’ at 

16 the end and inserting a semicolon; 

17 (2) by redesignating paragraph (7) as para18 graph (8); and 

19 (3) by inserting after paragraph (6) the fol20 lowing new paragraph: 

21 ‘‘(7) hunting for and identifying, with or with22 out advance notice, threats and vulnerabilities within 

23 Federal information systems; and’’. 

24 (b) BINDING OPERATIONAL DIRECTIVE.—Not later 

25 than 1 year after the date of the enactment of this section, 


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1 the Secretary of Homeland Security shall issue a binding 

2 operational directive pursuant to subsection (b)(2) of sec3 tion 3553 of title 44, United States Code, to implement 

4 paragraph (7) of section 3553(b) of title 44, United States 

5 Code, as added by subsection (a). 

6 SEC. 318. AUTHORIZATION OF APPROPRIATIONS. 

7 For necessary expenses of the Cybersecurity and In8 frastructure Security Agency of the Department of Home9 land Security, including to carry out this title and the 

10 amendments made by this title, there is authorized to be 

11 appropriated to the Agency the following: 

12 (1) $2,400,000,000 for fiscal year 2021. 

13 (2) $2,800,000,000 for fiscal year 2022. 

14 TITLE IV—BORDER AND VISA 

15 SECURITY 

16 SEC. 401. ADDITIONAL U.S. CUSTOMS AND BORDER PRO17 TECTION AGENTS AND OFFICERS. 

18 (a) U.S. BORDER PATROL AGENTS AND PROCESSING

19 COORDINATORS.—Not later than September 30, 2024, the 

20 Commissioner of U.S. Customs and Border Protection 

21 shall hire, train, and assign sufficient U.S. Border Patrol 

22 personnel to maintain an active duty presence of not fewer 

23 than 26,370 full-time equivalent agents and not fewer 

24 than 1,200 processing coordinators. 


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1 (b) CBP OFFICERS.—Not later than September 30, 

2 2024, the Commissioner of U.S. Customs and Border Pro3 tection shall hire, train, and assign sufficient U.S. Cus4 toms and Border Protection officers to maintain an active 

5 duty presence of not fewer than 27,725 full-time equiva6 lent officers. 

7 (c) AIR AND MARINE OPERATIONS.—Not later than 

8 September 30, 2024, the Commissioner of U.S. Customs 

9 and Border Protection shall hire, train, and assign suffi10 cient agents for Air and Marine Operations of U.S. Cus11 toms and Border Protection to maintain not fewer than 

12 1,675 full-time equivalent agents and not fewer than 264 

13 Marine and Air Interdiction Agents for southern border 

14 air and maritime operations. 

15 (d) PROFESSIONAL SUPPORT STAFF.—Not later 

16 than September 30, 2024, the Secretary of Homeland Se17 curity shall hire, train, and assign sufficient professional 

18 support staff for the recruitment, hiring, training, and 

19 maintenance of the personnel authorized under sub20 sections (a) through (c). 

21 (e) GAO REPORT.—If the staffing levels required 

22 under this section are not achieved by September 30, 

23 2024, the Comptroller General of the United States shall 

24 conduct a review of the reasons why such levels were not 

25 achieved. 


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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated $1,250,000,000 for each of 

3 fiscal years 2021 through 2024 to carry out subsection 

4 (a) though (d). 

5 SEC. 402. ESTABLISHMENT OF WORKLOAD STAFFING MOD6 ELS FOR U.S. BORDER PATROL AND AIR AND 

7 MARINE OPERATIONS OF CBP. 

8 (a) IN GENERAL.—Not later than one year after the 

9 date of the enactment of this Act, the Commissioner of 

10 U.S. Customs and Border Protection, in coordination with 

11 the Under Secretary for Management, the Chief Human 

12 Capital Officer, and the Chief Financial Officer of the De13 partment of Homeland Security, shall implement a work14 load staffing model for each of the following: 

15 (1) The U.S. Border Patrol. 

16 (2) Air and Marine Operations of U.S. Customs 

17 and Border Protection. 

18 (b) RESPONSIBILITIES OF THE COMMISSIONER OF

19 CBP.—Subsection (c) of section 411 of the Homeland Se20 curity Act of 2002 (6 U.S.C. 211), is amended— 

21 (1) by redesignating paragraphs (18) and (19) 

22 as paragraphs (20) and (21), respectively; and 

23 (2) by inserting after paragraph (17) the fol24 lowing new paragraphs: 


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1 ‘‘(18) implement a staffing model that includes 

2 consideration for essential frontline operator activi3 ties and functions, variations in operating environ4 ments, present and planned infrastructure, present 

5 and planned technology, and required operations 

6 support levels for the U.S. Border Patrol, Air and 

7 Marine Operations, and the Office of Field Oper8 ations, to manage and assign personnel of such enti9 ties to ensure field and support posts possess ade10 quate resources to carry out duties specified in this 

11 section; 

12 ‘‘(19) develop standard operating procedures 

13 for a workforce tracking system within the U.S. 

14 Border Patrol, Air and Marine Operations, and the 

15 Office of Field Operations, train the workforce of 

16 each of such entities on the use, capabilities, and 

17 purpose of such system, and implement internal con18 trols to ensure timely and accurate scheduling and 

19 reporting of actual completed work hours and activi20 ties;’’. 

21 (c) REPORT.—Not later than one year after the date 

22 of the enactment of this Act with respect to subsection 

23 (a) and paragraphs (18) and (19) of section 411(c) of the 

24 Homeland Security Act of 2002 (as amended by sub25 section (b)), and annually thereafter with respect to such 


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1 paragraphs (18) and (19), the Secretary of Homeland Se2 curity shall submit to the Committee on Homeland Secu3 rity of the House of Representatives and the Committee 

4 on Homeland Security and Governmental Affairs of the 

5 Senate a status update on the implementation of such sub6 section (a) and such paragraphs (18) and (19), and status 

7 updates on such paragraphs (18) and (19), as well as all 

8 relevant workload staffing models. Such status updates 

9 shall include information on data sources and methodology 

10 used to generate such staffing models. 

11 (d) INSPECTOR GENERAL REVIEW.—Not later than 

12 120 days after the Commissioner of U.S. Customs and 

13 Border Protection develops a workload staffing model pur14 suant to subsection (a), the Inspector General of the De15 partment of Homeland Security shall review such model 

16 and provide feedback to the Secretary of Homeland Secu17 rity and the Committee on Homeland Security of the 

18 House of Representatives and the Committee on Home19 land Security and Governmental Affairs of the Senate re20 garding the degree to which such model is responsive to 

21 Inspector General recommendations, including rec22 ommendations from the Inspector General’s February 

23 2019 audit, and as appropriate, any further recommenda24 tions to improve such model. 


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1 SEC. 403. U.S. CUSTOMS AND BORDER PROTECTION RETEN2 TION INCENTIVES. 

3 (a) IN GENERAL.—Chapter 97 of title 5, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 9702. U.S. Customs and Border Protection tem7 porary employment authorities 

8 ‘‘(a) DEFINITIONS.—In this section— 

9 ‘‘(1) the term ‘CBP employee’ means an em10 ployee of U.S. Customs and Border Protection; 

11 ‘‘(2) the term ‘Commissioner’ means the Com12 missioner of U.S. Customs and Border Protection; 

13 ‘‘(3) the term ‘Director’ means the Director of 

14 the Office of Personnel Management; 

15 ‘‘(4) the term ‘Secretary’ means the Secretary 

16 of Homeland Security; and 

17 ‘‘(5) the term ‘appropriate congressional com18 mittees’ means the Committee on Oversight and Re19 form, the Committee on Homeland Security, and the 

20 Committee on Ways and Means of the House of 

21 Representatives, and the Committee on Homeland 

22 Security and Governmental Affairs and the Com23 mittee on Finance of the Senate. 

24 ‘‘(b) DIRECT HIRE AUTHORITY; RECRUITMENT AND

25 RELOCATION BONUSES; RETENTION BONUSES.— 


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1 ‘‘(1) DIRECT HIRE AUTHORITY.—The Secretary 

2 may appoint, without regard to sections 3309 

3 through 3319, candidates to positions in the com4 petitive service within U.S. Customs and Border 

5 Protection if the Secretary has given public notice of 

6 such positions before making any such appointment. 

7 ‘‘(2) RECRUITMENT AND RELOCATION BO8 NUSES.—The Secretary may pay a recruitment or 

9 relocation bonus of up to 50 percent of the annual 

10 rate of basic pay to an individual CBP employee as 

11 of the first day of the applicable service period (as 

12 prescribed by a written service agreement described 

13 in subparagraph (B)) multiplied by the number of 

14 years (including a fractional part of a year) in the 

15 service period if— 

16 ‘‘(A) the Secretary determines that condi17 tions consistent with the conditions described in 

18 paragraphs (1) and (2) of subsection (b) of sec19 tion 5753 are satisfied with respect to the indi20 vidual (without regard to the regulations ref21 erenced in subsection (b)(2)(B)(ii)(I)); and 

22 ‘‘(B) the individual enters into a written 

23 service agreement with the Secretary— 

24 ‘‘(i) under which the individual is re25 quired to complete a period of employment 


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1 as a CBP employee of not less than 2 

2 years; and 

3 ‘‘(ii) that includes— 

4 ‘‘(I) the commencement and ter5 mination dates of the required service 

6 period (or provisions for the deter7 mination thereof); 

8 ‘‘(II) the amount of the bonus; 

9 and 

10 ‘‘(III) other terms and conditions 

11 under which the bonus is payable, 

12 subject to the requirements of this 

13 subsection, including— 

14 ‘‘(aa) the conditions under 

15 which the agreement may be ter16 minated before the agreed-upon 

17 service period has been com18 pleted; and 

19 ‘‘(bb) the effect of a termi20 nation described in item (aa). 

21 ‘‘(3) RETENTION BONUSES.—The Secretary 

22 may pay a retention bonus of up to 50 percent of 

23 the annual rate of basic pay to an individual CBP 

24 employee if— 

25 ‘‘(A) the Secretary determines that— 


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1 ‘‘(i) a condition consistent with the 

2 condition described in subsection (b)(1) of 

3 section 5754 is satisfied with respect to the 

4 CBP employee; and 

5 ‘‘(ii) in the absence of a retention 

6 bonus, the CBP employee would be likely 

7 to leave— 

8 ‘‘(I) the Federal service; or 

9 ‘‘(II) for a different position in 

10 the Federal service, including a posi11 tion in another agency or component 

12 of the Department of Homeland Secu13 rity; and 

14 ‘‘(B) the CBP employee enters into a writ15 ten service agreement with the Secretary— 

16 ‘‘(i) under which the employee is re17 quired to complete a period of employment 

18 as a CBP employee of not less than 2 

19 years; and 

20 ‘‘(ii) that includes— 

21 ‘‘(I) the commencement and ter22 mination dates of the required service 

23 period (or provisions for the deter24 mination thereof); 


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1 ‘‘(II) the amount of the bonus; 

2 and 

3 ‘‘(III) other terms and conditions 

4 under which the bonus is payable, 

5 subject to the requirements of this 

6 subsection, including— 

7 ‘‘(aa) the conditions under 

8 which the agreement may be ter9 minated before the agreed-upon 

10 service period has been com11 pleted; and 

12 ‘‘(bb) the effect of a termi13 nation described in item (aa). 

14 ‘‘(4) RULES FOR BONUSES.— 

15 ‘‘(A) MAXIMUM BONUS LIMITATIONS.— 

16 ‘‘(i) UNDER PARAGRAPH (2).—A CBP 

17 employee may not receive a total amount 

18 of bonuses under paragraph (2) in excess 

19 of 100 percent of the annual rate of basic 

20 pay of the employee as of the first day of 

21 the applicable service period. 

22 ‘‘(ii) UNDER PARAGRAPH (3).—A 

23 bonus paid to any CBP employee under 

24 paragraph (3) may not exceed 50 percent 


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1 of the annual rate of basic pay of the em2 ployee. 

3 ‘‘(B) RELATIONSHIP TO BASIC PAY.—A 

4 bonus paid under paragraph (2) or (3) shall not 

5 be considered part of the basic pay of the CBP 

6 employee for any purpose, including for retire7 ment or in computing a lump-sum payment to 

8 the covered employee for accumulated and ac9 crued annual leave under section 5551 or sec10 tion 5552. 

11 ‘‘(C) PERIOD OF SERVICE FOR RECRUIT12 MENT, RELOCATION, AND RETENTION BO13 NUSES.— 

14 ‘‘(i) RESTRICTION.—A bonus paid 

15 under paragraph (3) may not be based on 

16 any period of such service which is the 

17 basis for a recruitment or relocation bonus 

18 under paragraph (2). 

19 ‘‘(ii) FURTHER RESTRICTION.—A 

20 bonus paid under paragraph (2) or (3) 

21 may not be based on any period of service 

22 which is the basis for a recruitment or re23 location bonus under section 5753 or a re24 tention bonus under section 5754. 


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1 ‘‘(D) LIMITATIONS.—No bonus may be 

2 paid— 

3 ‘‘(i) under paragraph (2) to any indi4 vidual described in section 5753(a)(2); or 

5 ‘‘(ii) under paragraph (3) to any indi6 vidual described in section 5754(a)(2). 

7 ‘‘(c) SPECIAL RATES OF PAY.—In addition to the cir8 cumstances described in subsection (b) of section 5305, 

9 the Director of the Office of Personnel Management may 

10 establish special rates of pay in accordance with that sec11 tion to assist the Secretary in meeting staffing levels as 

12 described in section 401. The Director shall prioritize the 

13 consideration of requests from the Secretary for such spe14 cial rates of pay and issue a decision as soon as prac15 ticable. The Secretary shall provide such information to 

16 the Director as the Director deems necessary to evaluate 

17 special rates of pay under this subsection. 

18 ‘‘(d) OPM OVERSIGHT.— 

19 ‘‘(1) IN GENERAL.—Not later than September 

20 30 of each year that the authorities under sub21 sections (b) and (c) are in effect, the Secretary shall 

22 provide a report to the Director on U.S. Customs 

23 and Border Protection’s use of such authorities. In 

24 each report, the Secretary shall provide such infor25 mation as the Director determines is appropriate to 


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1 ensure appropriate use of authorities under such 

2 subsections. Each report shall also include an assess3 ment of— 

4 ‘‘(A) the impact of the use of authorities 

5 under subsections (b) and (c) on implementa6 tion of meeting staffing levels as described in 

7 section 401; 

8 ‘‘(B) whether the authorities solved hiring 

9 and retention challenges at the agency, includ10 ing at specific locations; 

11 ‘‘(C) whether hiring and retention chal12 lenges still exist at the agency or specific loca13 tions; and 

14 ‘‘(D) whether the Secretary needs to con15 tinue to use authorities provided under this sec16 tion at the agency or at specific locations. 

17 ‘‘(2) CONSIDERATION.—In compiling a report 

18 under paragraph (1), the Secretary shall consider— 

19 ‘‘(A) whether any CBP employee accepted 

20 an employment incentive under subsections (b) 

21 and (c) and then transferred to a new location 

22 or left U.S. Customs and Border Protection; 

23 and 

24 ‘‘(B) the length of time that each employee 

25 identified under subparagraph (A) stayed at the 


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1 original location before transferring to a new lo2 cation or leaving U.S. Customs and Border 

3 Protection. 

4 ‘‘(3) SUBMISSION TO CONGRESS.—In addition 

5 to the Director, the Secretary shall submit each re6 port required under this subsection to the appro7 priate congressional committees. 

8 ‘‘(e) OPM ACTION.— 

9 ‘‘(1) NOTIFICATION.—If the Director deter10 mines the Secretary has inappropriately used au11 thorities under subsection (b) or (c), the Director 

12 shall notify the Secretary and the appropriate con13 gressional committees in writing. 

14 ‘‘(2) PROHIBITION.—Upon receipt of a notifica15 tion under paragraph (1), the Secretary may not 

16 make any new appointment or issue any new bonus 

17 under subsection (b), or provide any CBP employee 

18 with further special rates of pay, until the Director 

19 has provided the Secretary and the appropriate con20 gressional committees a written notice stating the 

21 Director is satisfied safeguards are in place to pre22 vent further inappropriate use. 

23 ‘‘(3) APPLICATION.—The prohibition under 

24 paragraph (2) shall not apply to any bonus under 

25 subsection (b) due to a CBP employee pursuant to 


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1 a written service agreement entered into before the 

2 date of receipt of a notification under such para3 graph. 

4 ‘‘(f) IMPROVING CBP HIRING AND RETENTION.— 

5 ‘‘(1) TRAINING OF CBP HIRING OFFICIALS.— 

6 Not later than 180 days after the date of the enact7 ment of this section, and in conjunction with the 

8 Chief Human Capital Officer of the Department of 

9 Homeland Security, the Secretary shall develop and 

10 implement a strategy to improve the training regard11 ing hiring and human resources flexibilities (includ12 ing hiring and human resources flexibilities for loca13 tions in rural or remote areas) for all employees, 

14 serving in agency headquarters or field offices, who 

15 are involved in the recruitment, hiring, assessment, 

16 or selection of candidates for locations in a rural or 

17 remote area, as well as the retention of current em18 ployees. 

19 ‘‘(2) ELEMENTS.—Elements of the strategy 

20 under paragraph (1) shall include the following: 

21 ‘‘(A) Developing or updating training and 

22 educational materials on hiring and human re23 sources flexibilities for employees who are in24 volved in the recruitment, hiring, assessment, or 


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1 selection of candidates, as well as the retention 

2 of current employees. 

3 ‘‘(B) Regular training sessions for per4 sonnel who are critical to filling open positions 

5 in rural or remote areas. 

6 ‘‘(C) The development of pilot programs or 

7 other programs, as appropriate, consistent with 

8 authorities provided to the Secretary to address 

9 identified hiring challenges, including in rural 

10 or remote areas. 

11 ‘‘(D) Developing and enhancing strategic 

12 recruiting efforts through the relationships with 

13 institutions of higher education, as defined in 

14 section 102 of the Higher Education Act of 

15 1965 (20 U.S.C. 1002), veterans transition and 

16 employment centers, and job placement pro17 gram in regions that could assist in filling posi18 tions in rural or remote areas. 

19 ‘‘(E) Examination of existing agency pro20 grams on how to most effectively aid spouses 

21 and families of individuals who are candidates 

22 or new hires in a rural or remote area. 

23 ‘‘(F) Feedback from individuals who are 

24 candidates or new hires at locations in a rural 

25 or remote area, including feedback on the qualVerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 E:\BILLS\H8309.IH H8309

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1 ity of life in rural or remote areas for new hires 

2 and their families. 

3 ‘‘(G) Feedback from CBP employees, other 

4 than new hires, who are stationed at locations 

5 in a rural or remote area, including feedback on 

6 the quality of life in rural or remote areas for 

7 those CBP employees and their families. 

8 ‘‘(H) Feedback in the form of an exit 

9 interview from CBP employees who have de10 cided to voluntarily leave the agency. 

11 ‘‘(I) Evaluation of Department of Home12 land Security internship programs and the use13 fulness of those programs in improving hiring 

14 by the Secretary in rural or remote areas. 

15 ‘‘(3) EVALUATION.— 

16 ‘‘(A) IN GENERAL.—Not later than one 

17 year after developing and implementing the 

18 strategy under paragraph (1) and each of the 

19 four years thereafter, the Secretary shall— 

20 ‘‘(i) evaluate the extent to which the 

21 strategy developed and implemented under 

22 such paragraph has improved the hiring 

23 and retention ability of the Secretary; and 

24 ‘‘(ii) make any appropriate updates to 

25 the strategy under such paragraph. 


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1 ‘‘(B) INFORMATION.—The evaluation con2 ducted under subparagraph (A) shall include 

3 the following: 

4 ‘‘(i) Any reduction in the time taken 

5 by the Secretary to fill mission-critical po6 sitions, including in rural or remote areas. 

7 ‘‘(ii) A general assessment of the im8 pact of the strategy implemented under 

9 paragraph (1) on hiring challenges, includ10 ing in rural or remote areas. 

11 ‘‘(iii) Other information the Secretary 

12 determines relevant. 

13 ‘‘(g) INSPECTOR GENERAL REVIEW.—Not later than 

14 two years after the date of the enactment of this section, 

15 the Inspector General of the Department of Homeland Se16 curity shall review the use of hiring and pay flexibilities 

17 under subsections (b) and (c) to determine whether the 

18 use of such flexibilities is helping the Secretary meet hir19 ing and retention needs, including in rural and remote 

20 areas. 

21 ‘‘(h) REPORT ON POLYGRAPH REQUESTS.—The Sec22 retary shall report to the appropriate congressional com23 mittees on the number of requests the Secretary receives 

24 from any other Federal agency for the file of an applicant 


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1 for a position in U.S. Customs and Border Protection that 

2 includes the results of a polygraph examination. 

3 ‘‘(i) EXERCISE OF AUTHORITY.— 

4 ‘‘(1) SOLE DISCRETION.—The exercise of au5 thority under subsection (b) shall be subject to the 

6 sole and exclusive discretion of the Secretary (or the 

7 Commissioner of U.S. Customs and Border Protec8 tion, as applicable under paragraph (2) of this sub9 section), notwithstanding chapter 71 and any collec10 tive bargaining agreement. 

11 ‘‘(2) DELEGATION.—The Secretary may dele12 gate any authority under this section to the Com13 missioner. 

14 ‘‘(j) RULE OF CONSTRUCTION.—Nothing in this sec15 tion may be construed to exempt the Secretary or the Di16 rector from applicability of the merit system principles 

17 under section 2301. 

18 ‘‘(k) SUNSET.—The authorities under subsections (b) 

19 and (c) shall terminate on September 30, 2024. Any bonus 

20 to be paid pursuant to subsection (b) that is approved be21 fore such date may continue until such bonus has been 

22 paid, subject to the conditions specified in this section.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

24 The table of sections for chapter 97 of title 5, United 


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1 States Code, is amended by adding at the end the fol2 lowing new item: 

‘‘9702. U.S. Customs and Border Protection temporary employment authorities.’’. 

3 SEC. 404. STUDY ON EFFICACY OF CERTAIN PERSONNEL 

4 SCREENING METHODS FOR U.S. CUSTOMS 

5 AND BORDER PROTECTION USE. 

6 (a) IN GENERAL.—Not later than 60 days after the 

7 date of the enactment of this Act, the Secretary of Home8 land Security shall enter into an agreement with the Na9 tional Academy of Sciences to conduct a study on the effi10 cacy of certain personnel screening methods for U.S. Cus11 toms and Border Protection use. Such study shall include 

12 the following: 

13 (1) A review of the appropriateness of the use 

14 of polygraph examinations in determining candidate 

15 suitability during the U.S. Customs and Border Pro16 tection hiring process. 

17 (2) A cost-benefit analysis of using polygraph 

18 examinations for candidate suitability during the 

19 U.S. Customs and Border Protection hiring process. 

20 (3) A review of research related to alternatives 

21 to polygraph examinations appropriate for use dur22 ing the U.S. Customs and Border Protection hiring 

23 process. 


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1 (b) MATTERS INCLUDED.—The study required under 

2 subsection (a) shall— 

3 (1) assess prior scientific, academic, and gov4 ernment literature on the topics described in such 

5 subsection; 

6 (2) identify and examine assumptions about 

7 polygraph examinations that underlie the polygraph 

8 mandate under the Anti-Border Corruption Act of 

9 2010 (Public Law 111–376); and 

10 (3) provide specific recommendations related 

11 to— 

12 (A) the future use of such polygraph ex13 aminations, including a consideration of wheth14 er such polygraph mandate aligns with current 

15 scientific evidence and offers a reliable indica16 tion of future susceptibility to corruption; and 

17 (B) the appropriate alternative mecha18 nisms or technology, including private sector 

19 tools, that could be used during the U.S. Cus20 toms and Border Protection hiring process to 

21 pre-screen for susceptibility to corruption; and 

22 (4) provide any other recommendations the Sec23 retary of Homeland Secretary determines relevant. 

24 (c) SUBMISSION.—Not later than one year after the 

25 date of the enactment of this Act, the Secretary of the 


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1 Homeland Security shall submit to the appropriate con2 gressional committees the study required under subsection 

3 (a). 

4 (d) DEFINITIONS.—In this section: 

5 (1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional com7 mittees’’ means the Committee on Homeland Secu8 rity of the House of Representatives and the Com9 mittee on Homeland Security and Governmental Af10 fairs of the Senate. 

11 (2) POLYGRAPH EXAMINATIONS.—The term 

12 ‘‘polygraph examinations’’ means polygraph exami13 nations conducted in accordance with section 3(1) of 

14 the Anti-Border Corruption Act of 2010. 

15 SEC. 405. HIRING FLEXIBILITY. 

16 Section 3 of the Anti-Border Corruption Act of 2010 

17 (Public Law 111–376; 6 U.S.C. 221) is amended by strik18 ing subsection (b) and inserting the following new sub19 sections: 

20 ‘‘(b) WAIVER AUTHORITY.—The Commissioner of 

21 U.S. Customs and Border Protection may waive the appli22 cation of subsection (a)(1) in the following circumstances: 

23 ‘‘(1) In the case of a current, full-time law en24 forcement officer employed by a State or local law 

25 enforcement agency, if such officer— 


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1 ‘‘(A) has served as a law enforcement offi2 cer for not fewer than three years with no 

3 break in service; 

4 ‘‘(B) is authorized by law to engage in or 

5 supervise the prevention, detection, investiga6 tion, or prosecution of, or the incarceration of 

7 any person for, any violation of law, and has 

8 statutory powers for arrest or apprehension; 

9 ‘‘(C) is not currently under investigation, 

10 has not been found to have engaged in criminal 

11 activity or serious misconduct, has not resigned 

12 from a law enforcement officer position under 

13 investigation or in lieu of termination, and has 

14 not been dismissed from a law enforcement offi15 cer position; and 

16 ‘‘(D) has, within the past ten years, suc17 cessfully completed a polygraph examination, 

18 described in subsection (c), as a condition of 

19 employment with such officer’s current law en20 forcement agency. 

21 ‘‘(2) In the case of a current, full-time law en22 forcement officer employed by a Federal law enforce23 ment agency, if such officer— 


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1 ‘‘(A) has served as a law enforcement offi2 cer for not fewer than three years with no 

3 break in service; 

4 ‘‘(B) has authority to make arrests, con5 duct investigations, conduct searches, make sei6 zures, carry firearms, and serve orders, war7 rants, and other processes; 

8 ‘‘(C) is not currently under investigation, 

9 has not been found to have engaged in criminal 

10 activity or serious misconduct, has not resigned 

11 from a law enforcement officer position under 

12 investigation or in lieu of termination, and has 

13 not been dismissed from a law enforcement offi14 cer position; and 

15 ‘‘(D) holds a current background investiga16 tion to the level required for service as a law 

17 enforcement officer with U.S. Customs and 

18 Border Protection. 

19 ‘‘(3) In the case of an individual who is a mem20 ber of the Armed Forces (or a reserve component 

21 thereof) or a veteran, if such individual— 

22 ‘‘(A) has served in the Armed Forces for 

23 not fewer than three years; 


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1 ‘‘(B) holds, or has held within the past five 

2 years, a Secret, Top Secret, or Top Secret/Sen3 sitive Compartmented Information clearance; 

4 ‘‘(C) holds or has undergone and passed a 

5 background investigation to the level required 

6 for service as a law enforcement officer with 

7 U.S. Customs and Border Protection; 

8 ‘‘(D) received, or is eligible to receive, an 

9 honorable discharge from service in the Armed 

10 Forces and has not engaged in criminal activity 

11 or committed a serious military or civil offense 

12 under the Uniform Code of Military Justice; 

13 and 

14 ‘‘(E) was not granted any waivers to ob15 tain the clearance referred to subparagraph 

16 (B). 

17 ‘‘(c) CERTAIN POLYGRAPH EXAMINATION.—A poly18 graph examination described in this subsection is a poly19 graph examination that satisfies requirements established 

20 by the Secretary of Homeland Security, in consultation 

21 with the Director of National Intelligence. 

22 ‘‘(d) TERMINATION OF WAIVER AUTHORITY.—The 

23 authority to issue a waiver under subsection (b) shall ter24 minate on the date that is five years after the date of the 


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1 enactment of the Anti-Border Corruption Reauthorization 

2 Act of 2019.’’. 

3 SEC. 406. SUPPLEMENTAL COMMISSIONER AUTHORITY AND 

4 DEFINITIONS. 

5 (a) SUPPLEMENTAL COMMISSIONER AUTHORITY.— 

6 Section 4 of the Anti-Border Corruption Act of 2010 

7 (Public Law 111–376) is amended to read as follows: 

8 ‘‘SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY. 

9 ‘‘(a) NON-EXEMPTION.—An individual who receives 

10 a waiver under subsection (b) of section 3 shall not be 

11 exempt from other hiring requirements relating to suit12 ability for employment and eligibility to hold a national 

13 security designated position, as determined by the Com14 missioner of U.S. Customs and Border Protection. 

15 ‘‘(b) BACKGROUND INVESTIGATIONS.—Any indi16 vidual who receives a waiver under subsection (b) of sec17 tion 3 who holds a current background investigation may 

18 be subject to further background investigation to the level 

19 required for service as a law enforcement officer with U.S. 

20 Customs and Border Protection. 

21 ‘‘(c) CONTINUOUS EVALUATION.—Any individual 

22 who receives a waiver under subsection (b) of section 3 

23 shall not be exempt from any requirement relating to con24 tinuous evaluation established by the Commissioner of 

25 U.S. Customs and Border Protection. 


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1 ‘‘(d) ADMINISTRATION OF POLYGRAPH EXAMINA2 TION.—The Commissioner of U.S. Customs and Border 

3 Protection is authorized to administer a polygraph exam4 ination to an applicant or employee who is eligible for or 

5 receives a waiver under subsection (b) of section 3 if infor6 mation is discovered prior to the completion of a back7 ground investigation that results in a determination that 

8 a polygraph examination is necessary to make a final de9 termination regarding suitability for employment or con10 tinued employment, as the case may be.’’. 

11 (b) REPORT.—The Anti-Border Corruption Act of 

12 2010 is amended by adding at the end the following new 

13 section: 

14 ‘‘SEC. 5. REPORTING. 

15 ‘‘Not later than one year after the date of the enact16 ment of this section and every year for the next four years 

17 thereafter, the Commissioner of U.S. Customs and Border 

18 Protection shall provide the Committee on Homeland Se19 curity of the House of Representatives and the Committee 

20 on Homeland Security and Governmental Affairs of the 

21 Senate information on the number, disaggregated with re22 spect to each of paragraphs (1), (2), and (3) of subsection 

23 (b) of section 3, of waivers requested, granted, and denied, 

24 and the reasons for any such denial, and the final outcome 

25 of the application for employment at issue. Such informaVerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 E:\BILLS\H8309.IH H8309

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1 tion shall also include the number of instances a polygraph 

2 examination was administered under the conditions de3 scribed in subsection (d) of section 4, the result of such 

4 examination, and the final outcome of the application for 

5 employment at issue.’’. 

6 (c) DEFINITIONS.—The Anti-Border Corruption Act 

7 of 2010, as amended by subsection (b) of this section, is 

8 further amended by adding at the end the following new 

9 section: 

10 ‘‘SEC. 6. DEFINITIONS. 

11 ‘‘In this Act: 

12 ‘‘(1) LAW ENFORCEMENT OFFICER.—The term 

13 ‘law enforcement officer’ has the meaning given such 

14 term in sections 8331(20) and 8401(17) of title 5, 

15 United States Code. 

16 ‘‘(2) VETERAN.—The term ‘veteran’ has the 

17 meaning given such term in section 101(2) of title 

18 38, United States Code. 

19 ‘‘(3) SERIOUS MILITARY OR CIVIL OFFENSE.— 

20 The term ‘serious military or civil offense’ means an 

21 offense for which— 

22 ‘‘(A) a member of the Armed Forces may 

23 be discharged or separated from service in the 

24 Armed Forces; and 


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1 ‘‘(B) a punitive discharge is, or would be, 

2 authorized for the same or a closely related of3 fense under the Manual for Court-Martial, as 

4 pursuant to Army Regulation 635–200 chapter 

5 14–12.’’. 

6 SEC. 407. TECHNICAL AND CONFORMING AMENDMENT. 

7 Paragraph (15) of section 411(c) of the Homeland 

8 Security Act of 2002 (6 U.S.C. 211(c)) is amended by 

9 striking ‘‘section 3(1)’’ and inserting ‘‘section 3’’. 

10 SEC. 408. PORTS OF ENTRY INFRASTRUCTURE. 

11 (a) ADDITIONAL PORTS OF ENTRY.— 

12 (1) AUTHORITY.—The Administrator of Gen13 eral Services may, subject to section 3307 of title 

14 40, United States Code, construct new ports of entry 

15 along the northern border and southern border at lo16 cations determined by the Secretary of Homeland 

17 Security. 

18 (2) CONSULTATION.— 

19 (A) REQUIREMENT TO CONSULT.—The 

20 Secretary of Homeland Security and the Ad21 ministrator of General Services shall consult 

22 with the Secretary of State, the Secretary of 

23 the Interior, the Secretary of Agriculture, the 

24 Secretary of Transportation, and appropriate 

25 representatives of State and local governments, 


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1 Tribes, and property owners in the United 

2 States prior to determining a location for any 

3 new port of entry constructed pursuant to para4 graph (1). 

5 (B) CONSIDERATIONS.—The purpose of 

6 the consultations required by subparagraph (A) 

7 shall be to minimize any negative impacts of 

8 constructing a new port of entry on the environ9 ment, culture, commerce, and quality of life of 

10 the communities and residents located near 

11 such new port. 

12 (b) EXPANSION AND MODERNIZATION OF HIGH-PRI13 ORITY SOUTHERN BORDER PORTS OF ENTRY.—Not later 

14 than September 30, 2025, the Administrator of General 

15 Services, subject to section 3307 of title 40, United States 

16 Code, and in coordination with the Secretary of Homeland 

17 Security, shall expand or modernize high-priority ports of 

18 entry on the southern border, as determined by the Sec19 retary and identified in section 430, for the purposes of 

20 reducing wait times and enhancing security. 

21 (c) PORT OF ENTRY PRIORITIZATION.—Prior to con22 structing any new ports of entry pursuant to subsection 

23 (a), the Administrator of General Services shall complete 

24 the expansion and modernization of ports of entry pursu25 ant to subsection (b) to the extent practicable. 


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1 (d) NOTIFICATIONS.— 

2 (1) RELATING TO NEW PORTS OF ENTRY.—Not 

3 later than 15 days after determining the location of 

4 any new port of entry for construction pursuant to 

5 subsection (a), the Secretary of Homeland Security 

6 and the Administrator of General Services shall 

7 jointly notify the Members of Congress who rep8 resent the State or congressional district in which 

9 such new port of entry will be located, as well as the 

10 Committee on Homeland Security and Governmental 

11 Affairs, the Committee on Finance, the Committee 

12 on Commerce, Science, and Transportation, and the 

13 Committee on the Judiciary of the Senate, and the 

14 Committee on Homeland Security, the Committee on 

15 Ways and Means, the Committee on Transportation 

16 and Infrastructure, and the Committee on the Judi17 ciary of the House of Representatives. Such notifica18 tion shall include information relating to the location 

19 of such new port of entry, a description of the need 

20 for such new port of entry and associated antici21 pated benefits, a description of the consultations un22 dertaken by the Secretary and the Administrator 

23 pursuant to paragraph (2) of such subsection, any 

24 actions that will be taken to minimize negative im25 pacts of such new port of entry, and the anticipated 


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1 time-line for construction and completion of such 

2 new port of entry. 

3 (2) RELATING TO EXPANSION AND MODERNIZA4 TION OF PORTS OF ENTRY.—Not later than 180 

5 days after enactment of this Act, the Secretary of 

6 Homeland Security and the Administrator of Gen7 eral Services shall jointly notify the Committee on 

8 Homeland Security and Governmental Affairs, the 

9 Committee on Finance, the Committee on Com10 merce, Science, and Transportation, and the Com11 mittee on the Judiciary of the Senate, and the Com12 mittee on Homeland Security, the Committee on 

13 Ways and Means, the Committee on Transportation 

14 and Infrastructure, and the Committee on the Judi15 ciary of the House of Representatives of the ports 

16 of entry on the southern border that are the subject 

17 of expansion or modernization pursuant to sub18 section (b) and the Secretary’s and Administrator’s 

19 plan for expanding or modernizing each such port of 

20 entry. 

21 (e) SAVINGS PROVISION.—Nothing in this section 

22 may be construed to— 

23 (1) create or negate any right of action for a 

24 State, local government, or other person or entity af25 fected by this section; 


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1 (2) delay the transfer of the possession of prop2 erty to the United States or affect the validity of 

3 any property acquisitions by purchase or eminent 

4 domain, or to otherwise affect the eminent domain 

5 laws of the United States or of any State; or 

6 (3) create any right or liability for any party. 

7 (f) RULE OF CONSTRUCTION.—Nothing in this sec8 tion may be construed as providing the Secretary of 

9 Homeland Security new authority related to the construc10 tion, acquisition, or renovation of real property. 

11 SEC. 409. U.S. CUSTOMS AND BORDER PROTECTION TECH12 NOLOGY UPGRADES. 

13 (a) SECURE COMMUNICATIONS.—The Commissioner 

14 of U.S. Customs and Border Protection shall ensure that 

15 each U.S. Customs and Border Protection officer or agent, 

16 if appropriate, is equipped with a secure radio or other 

17 two-way communication device, supported by system inter18 operability, that allows each such officer to commu19 nicate— 

20 (1) between ports of entry and inspection sta21 tions; and 

22 (2) with other Federal, State, Tribal, and local 

23 law enforcement entities. 

24 (b) BORDER SECURITY DEPLOYMENT PROGRAM.— 


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1 (1) EXPANSION.—Not later than September 30, 

2 2023, the Commissioner of U.S. Customs and Bor3 der Protection shall fully implement the Border Se4 curity Deployment Program of U.S. Customs and 

5 Border Protection and expand the integrated surveil6 lance and intrusion detection system at land ports of 

7 entry along the southern border and the northern 

8 border. 

9 (2) AUTHORIZATION OF APPROPRIATIONS.—In 

10 addition to amounts otherwise authorized to be ap11 propriated for such purpose, there is authorized to 

12 be appropriated $33,000,000 for fiscal years 2021 

13 and 2022 to carry out paragraph (1). 

14 (c) UPGRADE OF LICENSE PLATE READERS AT

15 PORTS OF ENTRY.— 

16 (1) UPGRADE.—Not later than two years after 

17 the date of the enactment of this Act, the Commis18 sioner of U.S. Customs and Border Protection shall 

19 upgrade all existing license plate readers in need of 

20 upgrade, as determined by the Commissioner, on the 

21 northern and southern borders on incoming and out22 going vehicle lanes. 

23 (2) AUTHORIZATION OF APPROPRIATIONS.—In 

24 addition to amounts otherwise authorized to be ap25 propriated for such purpose, there is authorized to 


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1 be appropriated $125,000,000 for fiscal years 2021 

2 through 2022 to carry out paragraph (1). 

3 (d) BIOMETRIC ENTRY-EXIT.— 

4 (1) IN GENERAL.—Subtitle B of title IV of the 

5 Homeland Security Act of 2002 (6 U.S.C. 211 et 

6 seq.) is amended by adding at the end the following 

7 new section: 

8 ‘‘SEC. 420. BIOMETRIC ENTRY-EXIT. 

9 ‘‘(a) ESTABLISHMENT.—The Secretary shall— 

10 ‘‘(1) not later than 180 days after the date of 

11 the enactment of this section, submit to the Com12 mittee on Homeland Security and the Committee on 

13 the Judiciary of the House of Representatives and 

14 the Committee on Homeland Security and Govern15 mental Affairs and the Committee on the Judiciary 

16 of the Senate an implementation plan to establish a 

17 biometric exit data system to complete the inte18 grated biometric entry and exit data system required 

19 under section 7208 of the Intelligence Reform and 

20 Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), 

21 including— 

22 ‘‘(A) an integrated master schedule and 

23 cost estimate, including requirements and de24 sign, development, operational, and mainte25 nance costs of such a system, that takes into 


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1 account prior reports on such matters issued by 

2 the Government Accountability Office and the 

3 Department; 

4 ‘‘(B) cost-effective staffing and personnel 

5 requirements of such a system that leverages 

6 existing resources of the Department that takes 

7 into account prior reports on such matters 

8 issued by the Government Accountability Office 

9 and the Department; 

10 ‘‘(C) a consideration of training programs 

11 necessary to establish such a system that takes 

12 into account prior reports on such matters 

13 issued by the Government Accountability Office 

14 and the Department; 

15 ‘‘(D) a consideration of how such a system 

16 will affect arrival and departure wait times that 

17 takes into account prior reports on such matter 

18 issued by the Government Accountability Office 

19 and the Department; 

20 ‘‘(E) a consideration of audit capability for 

21 systems procured in partnership with the pri22 vate sector to achieve biometric exit; 

23 ‘‘(F) information received after consulta24 tion with private sector stakeholders, including 

25 the— 


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1 ‘‘(i) trucking industry; 

2 ‘‘(ii) airport industry; 

3 ‘‘(iii) airline industry; 

4 ‘‘(iv) seaport industry; 

5 ‘‘(v) travel industry; and 

6 ‘‘(vi) biometric technology industry; 

7 ‘‘(G) a consideration of how trusted trav8 eler programs in existence as of the date of the 

9 enactment of this section may be impacted by, 

10 or incorporated into, such a system; 

11 ‘‘(H) defined metrics of success and mile12 stones; 

13 ‘‘(I) identified risks and mitigation strate14 gies to address such risks; 

15 ‘‘(J) a consideration of how other countries 

16 have implemented a biometric exit data system; 

17 ‘‘(K) a consideration of stakeholder privacy 

18 concerns; and 

19 ‘‘(L) a list of statutory, regulatory, or ad20 ministrative authorities, if any, needed to inte21 grate such a system into the operations of the 

22 Transportation Security Administration; and 

23 ‘‘(2) not later than two years after the date of 

24 the enactment of this section, establish a biometric 

25 exit data system at the— 


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1 ‘‘(A) 15 United States airports that sup2 port the highest volume of international air 

3 travel, as determined by available Federal flight 

4 data; 

5 ‘‘(B) 10 United States seaports that sup6 port the highest volume of international sea 

7 travel, as determined by available Federal travel 

8 data; and 

9 ‘‘(C) 15 United States land ports of entry 

10 that support the highest volume of vehicle, pe11 destrian, and cargo crossings, as determined by 

12 available Federal border crossing data. 

13 ‘‘(b) IMPLEMENTATION.— 

14 ‘‘(1) PILOT PROGRAM AT LAND PORTS OF

15 ENTRY.—Not later than six months after the date of 

16 the enactment of this section, the Secretary, in col17 laboration with industry stakeholders, shall establish 

18 a six-month pilot program to test the biometric exit 

19 data system referred to in subsection (a)(2) on non20 pedestrian outbound traffic at not fewer than three 

21 land ports of entry with significant cross-border traf22 fic, including at not fewer than two land ports of 

23 entry on the southern land border and at least one 

24 land port of entry on the northern land border. Such 

25 pilot program may include a consideration of more 


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1 than one biometric mode, and shall be implemented 

2 to determine the following: 

3 ‘‘(A) How a nationwide implementation of 

4 such biometric exit data system at land ports of 

5 entry shall be carried out. 

6 ‘‘(B) The infrastructure required to carry 

7 out subparagraph (A). 

8 ‘‘(C) The effects of such pilot program on 

9 legitimate travel and trade. 

10 ‘‘(D) The effects of such pilot program on 

11 wait times, including processing times, for such 

12 non-pedestrian traffic. 

13 ‘‘(E) The effects of such pilot program on 

14 combating terrorism. 

15 ‘‘(F) The effects of such pilot program on 

16 identifying visa holders who violate the terms of 

17 their visas. 

18 ‘‘(2) AT LAND PORTS OF ENTRY.— 

19 ‘‘(A) IN GENERAL.—Not later than five 

20 years after the date of the enactment of this 

21 section, the Secretary shall expand the biomet22 ric exit data system referred to in subsection 

23 (a)(2) to all land ports of entry. 

24 ‘‘(B) EXTENSION.—The Secretary may ex25 tend for a single two-year period the date speciVerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6201 E:\BILLS\H8309.IH H8309

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1 fied in subparagraph (A) if the Secretary cer2 tifies to the Committee on Homeland Security 

3 and Governmental Affairs and the Committee 

4 on the Judiciary of the Senate and the Com5 mittee on Homeland Security and the Com6 mittee on the Judiciary of the House of Rep7 resentatives that the 15 land ports of entry that 

8 support the highest volume of passenger vehi9 cles, as determined by available Federal data, 

10 do not have the physical infrastructure or char11 acteristics to install the systems necessary to 

12 implement a biometric exit data system. Such 

13 extension shall apply only in the case of non-pe14 destrian outbound traffic at such land ports of 

15 entry. 

16 ‘‘(3) AT AIR AND SEA PORTS OF ENTRY.—Not 

17 later than five years after the date of the enactment 

18 of this section, the Secretary shall expand the bio19 metric exit data system referred to in subsection 

20 (a)(2) to all air and sea ports of entry. 

21 ‘‘(c) EFFECTS ON AIR, SEA, AND LAND TRANSPOR22 TATION.—The Secretary, in consultation with appropriate 

23 private sector stakeholders, shall ensure that the collection 

24 of biometric data under this section causes the least pos25 sible disruption to the movement of people or cargo in air, 


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1 sea, or land transportation, while fulfilling the goals of im2 proving counterterrorism efforts and identifying visa hold3 ers who violate the terms of their visas. 

4 ‘‘(d) TERMINATION OF PROCEEDING.—Notwith5 standing any other provision of law, the Secretary shall, 

6 on the date of the enactment of this section, terminate 

7 the proceeding entitled ‘Collection of Alien Biometric Data 

8 Upon Exit From the United States at Air and Sea Ports 

9 of Departure; United States Visitor and Immigrant Status 

10 Indicator Technology Program (‘‘US–VISIT’’)’, issued on 

11 April 24, 2008 (73 Fed. Reg. 22065). 

12 ‘‘(e) DATA-MATCHING.—The biometric exit data sys13 tem established under this section shall— 

14 ‘‘(1) match biometric information for an indi15 vidual, regardless of nationality, citizenship, or im16 migration status, who is departing the United States 

17 against biometric data previously provided to the 

18 United States Government by such individual for the 

19 purposes of international travel; 

20 ‘‘(2) leverage the infrastructure and databases 

21 of the current biometric entry and exit system estab22 lished pursuant to section 7208 of the Intelligence 

23 Reform and Terrorism Prevention Act of 2004 (8 

24 U.S.C. 1365b) for the purpose described in para25 graph (1); and 


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1 ‘‘(3) be interoperable with, and allow matching 

2 against, other Federal databases that— 

3 ‘‘(A) store biometrics of known or sus4 pected terrorists; and 

5 ‘‘(B) identify visa holders who violate the 

6 terms of their visas. 

7 ‘‘(f) SCOPE.— 

8 ‘‘(1) IN GENERAL.—The biometric exit data 

9 system established under this section shall include a 

10 requirement for the collection of biometric exit data 

11 at the time of departure for all categories of individ12 uals who are required by the Secretary to provide bi13 ometric entry data. 

14 ‘‘(2) EXCEPTION FOR CERTAIN OTHER INDIVID15 UALS.—This section shall not apply in the case of an 

16 individual who exits and then enters the United 

17 States on a passenger vessel (as such term is defined 

18 in section 2101 of title 46, United States Code) the 

19 itinerary of which originates and terminates in the 

20 United States. 

21 ‘‘(3) EXCEPTION FOR LAND PORTS OF

22 ENTRY.—This section shall not apply in the case of 

23 a United States or Canadian citizen who exits the 

24 United States through a land port of entry. 


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1 ‘‘(g) COLLECTION OF DATA.—The Secretary may not 

2 require any non-Federal person to collect biometric data, 

3 or contribute to the costs of collecting or administering 

4 the biometric exit data system established under this sec5 tion, except through a mutual agreement. 

6 ‘‘(h) MULTI-MODAL COLLECTION.—In carrying out 

7 subsections (a)(1) and (b), the Secretary shall make every 

8 effort to collect biometric data using multiple modes of 

9 biometrics. 

10 ‘‘(i) FACILITIES.—All facilities at which the biometric 

11 exit data system established under this section is imple12 mented shall provide and maintain space for Federal use 

13 that is adequate to support biometric data collection and 

14 other inspection-related activity. For non-federally owned 

15 facilities, such space shall be provided and maintained at 

16 no cost to the Government. For all facilities at land ports 

17 of entry, such space requirements shall be coordinated 

18 with the Administrator of General Services. 

19 ‘‘(j) NORTHERN LAND BORDER.—In the case of the 

20 northern land border, the requirements under subsections 

21 (a)(2)(C), (b)(2)(A), and (b)(4) may be achieved through 

22 the sharing of biometric data provided to the Department 

23 by the Canadian Border Services Agency pursuant to the 

24 2011 Beyond the Border agreement. 


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1 ‘‘(k) FULL AND OPEN COMPETITION.—The Sec2 retary shall procure goods and services to implement this 

3 section through full and open competition in accordance 

4 with the Federal Acquisition Regulations. 

5 ‘‘(l) OTHER BIOMETRIC INITIATIVES.—Nothing in 

6 this section may be construed as limiting the authority of 

7 the Secretary to collect biometric information in cir8 cumstances other than as specified in this section. 

9 ‘‘(m) CONGRESSIONAL REVIEW.—Not later than 90 

10 days after the date of the enactment of this section, the 

11 Secretary shall submit to the Committee on Homeland Se12 curity and Governmental Affairs of the Senate, the Com13 mittee on the Judiciary of the Senate, the Committee on 

14 Homeland Security of the House of Representatives, and 

15 the Committee on the Judiciary of the House of Rep16 resentatives reports and recommendations regarding the 

17 Science and Technology Directorate’s Air Entry and Exit 

18 Re-Engineering Program of the Department and the U.S. 

19 Customs and Border Protection entry and exit mobility 

20 program demonstrations. 

21 ‘‘(n) SAVINGS CLAUSE.—Nothing in this section may 

22 prohibit the collection of user fees permitted by section 

23 13031 of the Consolidated Omnibus Budget Reconciliation 

24 Act of 1985 (19 U.S.C. 58c).’’. 


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1 (2) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated $50,000,000 

3 for each of fiscal years 2021 and 2022 to carry out 

4 section 420 of the Homeland Security Act of 2002, 

5 as added by this subsection. 

6 (e) CLERICAL AMENDMENT.—The table of contents 

7 in section 1(b) of the Homeland Security Act of 2002 is 

8 amended by inserting after the item relating to section 

9 419 the following new item: 

‘‘Sec. 420. Biometric entry-exit.’’. 

10 SEC. 410. PHYSICAL BARRIERS ALONG THE SOUTHWEST 

11 BORDER. 

12 Section 102 of the Illegal Immigration Reform and 

13 Immigrant Responsibility Act of 1996 (Division C of Pub14 lic Law 104–208; 8 U.S.C. 1103 note) is amended— 

15 (1) by amending subsection (a) to read as fol16 lows: 

17 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se18 curity shall take such actions as may be necessary (includ19 ing the removal of obstacles to detection of illegal en20 trants) to design, test, construct, install, deploy, integrate, 

21 and operate physical barriers, tactical infrastructure, and 

22 technology in the vicinity of the United States border to 

23 achieve situational awareness and operational control of 

24 the border and deter, impede, and detect illegal activity.’’; 

25 (2) in subsection (b)— 


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1 (A) in the subsection heading, by striking 

2 ‘‘FENCING AND ROAD IMPROVEMENTS’’ and in3 serting ‘‘PHYSICAL BARRIERS’’; 

4 (B) in paragraph (1)— 

5 (i) in subparagraph (A)— 

6 (I) by striking ‘‘subsection (a)’’ 

7 and inserting ‘‘this section’’; 

8 (II) by striking ‘‘roads, lighting, 

9 cameras, and sensors’’ and inserting 

10 ‘‘tactical infrastructure, and tech11 nology’’; and 

12 (III) by striking ‘‘gain’’ inserting 

13 ‘‘achieve situational awareness and’’; 

14 (ii) by amending subparagraph (B) to 

15 read as follows: 

16 ‘‘(B) PHYSICAL BARRIERS AND TACTICAL

17 INFRASTRUCTURE.— 

18 ‘‘(i) IN GENERAL.—Not later than 

19 September 30, 2023, the Secretary of 

20 Homeland Security, in carrying out this 

21 section, shall deploy along the United 

22 States border the most practical and effec23 tive physical barriers and tactical infra24 structure available for achieving situational 


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1 awareness and operational control of the 

2 border. 

3 ‘‘(ii) CONSIDERATION FOR CERTAIN

4 PHYSICAL BARRIERS AND TACTICAL INFRA5 STRUCTURE.—The deployment of physical 

6 barriers and tactical infrastructure under 

7 this subparagraph shall not apply in any 

8 area or region along the border where nat9 ural terrain features, natural barriers, or 

10 the remoteness of such area or region 

11 would make any such deployment ineffec12 tive, as determined by the Secretary, for 

13 the purposes of achieving situational 

14 awareness or operational control of such 

15 area or region.’’; 

16 (iii) in subparagraph (C)— 

17 (I) by amending clause (i) to 

18 read as follows: 

19 ‘‘(i) IN GENERAL.—In carrying out 

20 this section, the Secretary of Homeland 

21 Security shall consult with the Secretary of 

22 the Interior, the Secretary of Agriculture, 

23 appropriate representatives of Federal, 

24 State, local, and tribal governments, and 

25 appropriate private property owners in the 


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1 United States to minimize the impact on 

2 the environment, culture, commerce, and 

3 quality of life for the communities and 

4 residents located near the sites at which 

5 such physical barriers are to be con6 structed.’’; and 

7 (II) in clause (ii)— 

8 (aa) in subclause (I), by 

9 striking ‘‘or’’ after the semicolon 

10 at the end; 

11 (bb) by amending subclause 

12 (II) to read as follows: 

13 ‘‘(II) delay the transfer of the 

14 possession of property to the United 

15 States or affect the validity of any 

16 property acquisition by purchase or 

17 eminent domain, or to otherwise affect 

18 the eminent domain laws of the 

19 United States or of any State; or’’; 

20 and 

21 (cc) by adding at the end 

22 the following new subclause: 

23 ‘‘(III) create any right or liability 

24 for any party.’’; and 

25 (iv) by striking subparagraph (D); 


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1 (C) in paragraph (2)— 

2 (i) by striking ‘‘Attorney General’’ 

3 and inserting ‘‘Secretary of Homeland Se4 curity’’; 

5 (ii) by striking ‘‘this subsection’’ and 

6 inserting ‘‘this section’’; and 

7 (iii) by striking ‘‘construction of 

8 fences’’ and inserting ‘‘the construction of 

9 physical barriers’’; 

10 (D) by amending paragraph (3) to read as 

11 follows: 

12 ‘‘(3) AGENT SAFETY.—In carrying out this sec13 tion, the Secretary of Homeland Security, when de14 signing, constructing, and deploying physical bar15 riers, tactical infrastructure, or technology, shall in16 corporate such safety features into such design, con17 struction, or deployment of such physical barriers, 

18 tactical infrastructure, or technology, as the case 

19 may be, that the Secretary determines, in the Sec20 retary’s sole discretion, are necessary to maximize 

21 the safety and effectiveness of officers or agents of 

22 the Department of Homeland Security or of any 

23 other Federal agency deployed in the vicinity of such 

24 physical barriers, tactical infrastructure, or tech25 nology.’’; and 


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1 (E) in paragraph (4), by striking ‘‘this 

2 subsection’’ and inserting ‘‘this section’’; 

3 (3) in subsection (c), by amending paragraph 

4 (1) to read as follows: 

5 ‘‘(1) IN GENERAL.—Notwithstanding any other 

6 provision of law, the Secretary of Homeland Security 

7 shall have the authority to waive all legal require8 ments the Secretary, in the Secretary’s sole discre9 tion, determines necessary to ensure the expeditious 

10 design, testing, construction, installation, deploy11 ment, integration, and operation of the physical bar12 riers, tactical infrastructure, and technology under 

13 this section. Such waiver authority shall also apply 

14 with respect to any maintenance carried out on such 

15 physical barriers, tactical infrastructure, or tech16 nology. Any such decision by the Secretary shall be 

17 effective upon publication in the Federal Register.’’; 

18 and 

19 (4) by adding after subsection (d) the following 

20 new subsections: 

21 ‘‘(e) TECHNOLOGY.—Not later than September 30, 

22 2023, the Secretary of Homeland Security, in carrying out 

23 this section, shall deploy along the United States border 

24 the most practical and effective technology available for 


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1 achieving situational awareness and operational control of 

2 the border. 

3 ‘‘(f) DEFINITIONS.—In this section: 

4 ‘‘(1) OPERATIONAL CONTROL.—The term ‘oper5 ational control’ has the meaning given such term in 

6 section 2(b) of the Secure Fence Act of 2006 (8 

7 U.S.C. 1701 note; Public Law 109–367). 

8 ‘‘(2) PHYSICAL BARRIERS.—The term ‘physical 

9 barriers’ includes reinforced fencing, border wall sys10 tem, and levee walls. 

11 ‘‘(3) SITUATIONAL AWARENESS.—The term ‘sit12 uational awareness’ has the meaning given such 

13 term in section 1092(a)(7) of the National Defense 

14 Authorization Act for Fiscal Year 2017 (6 U.S.C. 

15 223(a)(7); Public Law 114–328). 

16 ‘‘(4) TACTICAL INFRASTRUCTURE.—The term 

17 ‘tactical infrastructure’ includes boat ramps, access 

18 gates, checkpoints, lighting, and roads. 

19 ‘‘(5) TECHNOLOGY.—The term ‘technology’ in20 cludes border surveillance and detection technology, 

21 including the following: 

22 ‘‘(A) Tower-based surveillance technology. 

23 ‘‘(B) Deployable, lighter-than-air ground 

24 surveillance equipment. 


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1 ‘‘(C) Vehicle and Dismount Exploitation 

2 Radars (VADER). 

3 ‘‘(D) border tunnel detection technology. 

4 ‘‘(E) Advanced unattended surveillance 

5 sensors. 

6 ‘‘(F) Mobile vehicle-mounted and man7 portable surveillance capabilities. 

8 ‘‘(G) Unmanned aerial vehicles. 

9 ‘‘(H) Other border detection, communica10 tions, and surveillance technology. 

11 ‘‘(6) UNMANNED AERIAL VEHICLES.—The term 

12 ‘unmanned aerial vehicle’ has the meaning given the 

13 term ‘unmanned aircraft’ in section 44801 of the 

14 FAA Modernization and Reform Act of 2018 (Public 

15 Law 115–254; 49 U.S.C. 40101 note).’’. 

16 SEC. 411. AIR AND MARINE OPERATIONS FLIGHT HOURS. 

17 (a) INCREASED FLIGHT HOURS.—The Secretary of 

18 Homeland Security shall ensure that not fewer than 

19 95,000 annual flight hours are carried out by Air and Ma20 rine Operations of U.S. Customs and Border Protection. 

21 (b) UNMANNED AERIAL SYSTEM.—The Secretary of 

22 Homeland Security, after coordination with the Adminis23 trator of the Federal Aviation Administration, shall ensure 

24 that Air and Marine Operations operate unmanned aerial 


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1 systems on the southern border of the United States for 

2 not less than 24 hours per day for 5 days per week. 

3 (c) CONTRACT AIR SUPPORT AUTHORIZATION.—The 

4 Commissioner of U.S. Customs and Border Protection 

5 may contract for the unfulfilled identified air support mis6 sion critical hours, as identified by the Chief of the U.S. 

7 Border Patrol. 

8 (d) PRIMARY MISSION.—The Commissioner of U.S. 

9 Customs and Border Protection shall ensure that— 

10 (1) the primary missions for Air and Marine 

11 Operations are to directly support U.S. Border Pa12 trol activities along the southern border of the 

13 United States and Joint Interagency Task Force 

14 South operations in the transit zone; and 

15 (2) the Executive Assistant Commissioner of 

16 Air and Marine Operations assigns the greatest pri17 ority to support missions established by the Commis18 sioner to carry out the requirements under this Act. 

19 (e) HIGH-DEMAND FLIGHT HOUR REQUIRE20 MENTS.—In accordance with subsection (d), the Commis21 sioner of U.S. Customs and Border Protection shall en22 sure that U.S. Border Patrol Sector Chiefs— 

23 (1) identify critical flight hour requirements; 

24 and 


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1 (2) direct Air and Marine Operations to sup2 port requests from Sector Chiefs as their primary 

3 mission. 

4 (f) SMALL UNMANNED AERIAL VEHICLES.— 

5 (1) IN GENERAL.—The Chief of the U.S. Bor6 der Patrol shall be the executive agent for U.S. Cus7 toms and Border Protection’s use of small un8 manned aerial vehicles for the purpose of meeting 

9 the U.S. Border Patrol’s unmet flight hour oper10 ational requirements and to achieve situational 

11 awareness and operational control. 

12 (2) COORDINATION.—In carrying out para13 graph (1), the Chief of the U.S. Border Patrol 

14 shall— 

15 (A) coordinate flight operations with the 

16 Administrator of the Federal Aviation Adminis17 tration to ensure the safe and efficient oper18 ation of the National Airspace System; and 

19 (B) coordinate with the Executive Assist20 ant Commissioner for Air and Marine Oper21 ations of U.S. Customs and Border Protection 

22 to ensure the safety of other U.S. Customs and 

23 Border Protection aircraft flying in the vicinity 

24 of small unmanned aerial vehicles operated by 

25 the U.S. Border Patrol. 


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1 (3) CONFORMING AMENDMENT.—Paragraph (3) 

2 of section 411(e) of the Homeland Security Act of 

3 2002 (6 U.S.C. 211(e)) is amended— 

4 (A) in subparagraph (B), by striking 

5 ‘‘and’’ after the semicolon at the end; 

6 (B) by redesignating subparagraph (C) as 

7 subparagraph (D); and 

8 (C) by inserting after subparagraph (B) 

9 the following new subparagraph: 

10 ‘‘(C) carry out the small unmanned aerial 

11 vehicle requirements pursuant to section 410(f) 

12 of the DHS Authorization Act of 2020; and’’. 

13 (g) SAVING CLAUSE.—Nothing in this section shall 

14 confer, transfer, or delegate to the Secretary, the Commis15 sioner, the Executive Assistant Commissioner for Air and 

16 Marine Operations of U.S. Customs and Border Protec17 tion, or the Chief of the U.S. Border Patrol any authority 

18 of the Secretary of Transportation or the Administrator 

19 of the Federal Aviation Administration relating to the use 

20 of airspace or aviation safety. 

21 SEC. 412. AMENDMENTS TO U.S. CUSTOMS AND BORDER 

22 PROTECTION. 

23 (a) DUTIES.—Subsection (c) of section 411 of the 

24 Homeland Security Act of 2002 (6 U.S.C. 211), as 

25 amended by this title, is further amended— 


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1 (1) in paragraph (20), by striking ‘‘and’’ after 

2 the semicolon at the end; 

3 (2) by redesignating paragraph (21) as para4 graph (23); and 

5 (3) by inserting after paragraph (20) the fol6 lowing new paragraphs: 

7 ‘‘(21) administer the U.S. Customs and Border 

8 Protection public private partnerships under subtitle 

9 G; 

10 ‘‘(22) administer preclearance operations under 

11 the Preclearance Authorization Act of 2015 (19 

12 U.S.C. 4431 et seq.; enacted as subtitle B of title 

13 VIII of the Trade Facilitation and Trade Enforce14 ment Act of 2015; 19 U.S.C. 4301 et seq.); and’’. 

15 (b) OFFICE OF FIELD OPERATIONS STAFFING.— 

16 Subparagraph (A) of section 411(g)(5) of the Homeland 

17 Security Act of 2002 (6 U.S.C. 211(g)(5)) is amended by 

18 inserting before the period at the end the following: ‘‘com19 pared to the number indicated by the current fiscal year 

20 work flow staffing model’’. 

21 (c) IMPLEMENTATION PLAN.—Subparagraph (B) of 

22 section 814(e)(1) of the Preclearance Authorization Act 

23 of 2015 (19 U.S.C. 4433(e)(1); enacted as subtitle B of 

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1 ment Act of 2015; 19 U.S.C. 4301 et seq.) is amended 

2 to read as follows: 

3 ‘‘(B) a port of entry vacancy rate which 

4 compares the number of officers identified in 

5 subparagraph (A) with the number of officers 

6 at the port at which such officer is currently as7 signed.’’. 

8 (d) DEFINITION.—Subsection (r) of section 411 of 

9 the Homeland Security Act of 2002 (6 U.S.C. 211) is 

10 amended— 

11 (1) by striking ‘‘this section, the terms’’ and in12 serting the following: ‘‘this section: 

13 ‘‘(1) the terms’’; 

14 (2) in paragraph (1), as added by subparagraph 

15 (A), by striking the period at the end and inserting 

16 ‘‘; and’’; and 

17 (3) by adding at the end the following new 

18 paragraph: 

19 ‘‘(2) the term ‘unmanned aerial systems’ has 

20 the meaning given the term ‘unmanned aircraft sys21 tem’ in section 44801 of the FAA Modernization 

22 and Reform Act of 2018 (Public Law 115–254; 49 

23 U.S.C. 40101 note).’’. 


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1 SEC. 413. CONTINUOUS SCREENING BY U.S. CUSTOMS AND 

2 BORDER PROTECTION. 

3 (a) IN GENERAL.—Subtitle B of title IV of the 

4 Homeland Security Act of 2002 (6 U.S.C. 211 et seq.), 

5 as amended by this title, is further amended by adding 

6 at the end the following new section: 

7 ‘‘SEC. 420A. CONTINUOUS SCREENING. 

8 ‘‘The Commissioner of U.S. Customs and Border 

9 Protection shall, in a risk based manner, continuously 

10 screen individuals issued any visa, and individuals who are 

11 nationals of a program country pursuant to section 217 

12 of the Immigration and Nationality Act (8 U.S.C. 1187), 

13 who are present, or are expected to arrive within 30 days, 

14 in the United States, against the appropriate criminal, na15 tional security, and terrorism databases maintained by the 

16 Federal Government.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 in section 1(b) of the Homeland Security Act of 2002 is 

19 amended by inserting after the item relating to section 

20 420, as added by this title, the following new item: 

‘‘Sec. 420A. Continuous screening.’’. 

21 SEC. 414. CUSTOMS TRADE PARTNERSHIP AGAINST TER22 RORISM. 

23 (a) IN GENERAL.—Subtitle B of title II of the Secu24 rity and Accountability for Every Port Act of 2006 (6 

25 U.S.C. 961 et seq.) is amended to read as follows: 


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1 ‘‘Subtitle B—Customs Trade 

2 Partnership Against Terrorism 

3 ‘‘SEC. 211. ESTABLISHMENT OF THE CUSTOMS TRADE 

4 PARTNERSHIP AGAINST TERRORISM PRO5 GRAM. 

6 ‘‘(a) IN GENERAL.—There is established within U.S. 

7 Customs and Border Protection a voluntary government8 private sector partnership program to be known as the 

9 Customs Trade Partnership Against Terrorism (CTPAT). 

10 ‘‘(b) PURPOSE.—The purposes of the CTPAT pro11 gram are to— 

12 ‘‘(1) strengthen and improve the overall secu13 rity of the international supply chain and United 

14 States border security; 

15 ‘‘(2) facilitate the movement of secure cargo 

16 through the international supply chain; 

17 ‘‘(3) ensure compliance with applicable law; and 

18 ‘‘(4) serve as the Authorized Economic Oper19 ator program for the United States. 

20 ‘‘(c) DIRECTOR.—There shall be at the head of the 

21 CTPAT program a Director, who shall report to the Exec22 utive Assistant Commissioner of the Office of Field Oper23 ations (in this subtitle referred to as the ‘Executive Assist24 ant Commissioner’) of U.S. Customs and Border Protec25 tion. 


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1 ‘‘(d) DUTIES.—The Director of the CTPAT program 

2 shall— 

3 ‘‘(1) oversee the activities of the CTPAT pro4 gram, including certification of CTPAT participants; 

5 ‘‘(2) evaluate and make revisions to security 

6 criteria pursuant to subsections (c) and (d) of sec7 tion 213; 

8 ‘‘(3) ensure that participants receive a tangible 

9 and measurable benefit for participation; and 

10 ‘‘(4) carry out other duties and powers pre11 scribed by the Executive Assistant Commissioner. 

12 ‘‘SEC. 212. ELIGIBLE ENTITIES AND NOTICE OF BENEFITS. 

13 ‘‘(a) ELIGIBLE ENTITIES.— 

14 ‘‘(1) IN GENERAL.—Importers, exporters, cus15 toms brokers, forwarders, air, sea, and land carriers, 

16 contract logistics providers, and other entities in the 

17 international supply chain and intermodal transpor18 tation system are eligible to apply for participation 

19 in the CTPAT program. 

20 ‘‘(2) EXPANSION.—The Commissioner may ex21 pand the list of entities eligible to apply for CTPAT 

22 participation only in accordance with the purpose of 

23 the CTPAT program. 

24 ‘‘(b) TIERED PARTICIPATION.— 


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1 ‘‘(1) IN GENERAL.—Applicants specified in sub2 section (a) may be eligible to participate as Tier 1 

3 or Tier 2 participants. 

4 ‘‘(2) IMPORTERS.—Importers may be eligible to 

5 participate as Tier 3 participants. 

6 ‘‘(3) EXTENSION.—The Commissioner may ex7 tend Tier 3 participation to other entity types, if ap8 propriate, and to specific Tier 2 CTPAT program 

9 participants in accordance with section 217(b). 

10 ‘‘(c) NOTICE OF BENEFITS.— 

11 ‘‘(1) IN GENERAL.—The Commissioner shall 

12 publish, on the U.S. Customs and Border Protection 

13 website and through other appropriate online publi14 cation, information about benefits available under 

15 each tier of the CTPAT program. 

16 ‘‘(2) CHANGES.—The Commissioner shall pub17 lish, on the U.S. Customs and Border Protection 

18 website and through other appropriate online publi19 cation, notice of any changes to benefits available 

20 under each tier of the CTPAT program not later 

21 than 30 days before any such changes take effect. 

22 ‘‘SEC. 213. PARTICIPATION ELIGIBILITY. 

23 ‘‘(a) IN GENERAL.—The Executive Assistant Com24 missioner shall review all documentation submitted by an 

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1 ground investigation of such applicant, and vet such appli2 cant. 

3 ‘‘(b) GENERAL REQUIREMENTS.—To be eligible for 

4 participation in the CTPAT program, an entity shall, at 

5 a minimum— 

6 ‘‘(1) have a designated company employee au7 thorized to bind such entity who is a direct company 

8 employee and will serve as the primary point of con9 tact responsible for participation of such entity in 

10 the CTPAT program; 

11 ‘‘(2) at the time of initial application and annu12 ally thereafter, including in advance of any recertifi13 cation or revalidation, submit an international sup14 ply chain security profile, which shall identify how 

15 such entity meets the minimum security criteria of 

16 the CTPAT program established by the Commis17 sioner and how such entity will maintain and en18 hance internal policies, procedures, and practices re19 lated to international supply chain security; and 

20 ‘‘(3) meet any specific requirements for eligible 

21 entities, as established by the Commissioner. 

22 ‘‘(c) MINIMUM SECURITY CRITERIA.—The Commis23 sioner shall establish minimum security criteria for par24 ticipants in the CTPAT program, review such minimum 

25 security criteria not less than once every two years, and 


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1 update such minimum security criteria as necessary. Such 

2 minimum security criteria shall seek to address security 

3 vulnerabilities in the international supply chain. 

4 ‘‘(d) ADDITIONAL AND UPDATED CRITERIA.—The 

5 Commissioner may establish additional and updated secu6 rity criteria for individual CTPAT program participants, 

7 categories of CTPAT program participants, or particular 

8 entity types to meet in order to address a security vulner9 ability in the international supply chain. 

10 ‘‘(e) CONSULTATION.—When establishing or updat11 ing security criteria in accordance with subsection (c), and 

12 when establishing new or updated security criteria in ac13 cordance subsection (d), the Commissioner shall consult 

14 with CTPAT program participants and other interested 

15 parties, and shall— 

16 ‘‘(1) conduct a cost benefit analysis of such pro17 posed new or updated security criteria, as the case 

18 may be, in consultation with the Commercial Cus19 toms Operations Advisory Committee established 

20 under section 109 of the Trade Facilitation and 

21 Trade Enforcement Act of 2015 (Public Law 114– 

22 125; 19 U.S.C. 4316); 

23 ‘‘(2) determine operational feasibility and, 

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1 ing such new or updated security criteria to CTPAT 

2 program participants specific to their entity type; 

3 ‘‘(3) conduct a phased implementation of such 

4 proposed new or updated security criteria; and 

5 ‘‘(4) provide CTPAT program participants and 

6 other interested parties a 90-day comment period to 

7 review and comment on such proposed new or up8 dated security criteria. 

9 ‘‘(f) WAIVER.—The Commissioner may waive the re10 quirements of subsection (e) if the Commissioner deter11 mines there is a significant and imminent risk to the na12 tional security of the United States and such a waiver is 

13 necessary to protect such national security. Not later than 

14 120 days after the issuance of any such waiver, the Com15 missioner shall announce on the U.S. Customs and Border 

16 Protection website and through other appropriate online 

17 publication the Commissioner’s intent to either withdraw 

18 such waiver or maintain such waiver while commencing 

19 efforts to establish new or updated security criteria in ac20 cordance with subsection (c) or (d), respectively. 

21 ‘‘SEC. 214. BENEFITS FOR CTPAT PROGRAM PARTICIPANTS. 

22 ‘‘(a) IN GENERAL.—The Executive Assistant Com23 missioner shall extend certain benefits to each CTPAT 

24 program participant. Minimum benefits for each such par25 ticipant shall include the following: 


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1 ‘‘(1) Assignment of a U.S. Customs and Border 

2 Protection Supply Chain Security Specialist. 

3 ‘‘(2) Access to the CTPAT program’s web4 based Portal system, training materials, and a mech5 anism by which to verify other CTPAT program 

6 participants’ CTPAT status. 

7 ‘‘(3) Timely supply chain threat alerts cat8 egorized by CTPAT program participant entity type, 

9 and an annual and unclassified update made avail10 able in such web-based Portal system regarding re11 gional and other relevant threats to the international 

12 supply chain. 

13 ‘‘(b) ANNUAL ASSESSMENT.— 

14 ‘‘(1) IN GENERAL.—The Executive Assistant 

15 Commissioner shall conduct, on an annual basis, an 

16 assessment of the benefits conferred to CTPAT pro17 gram participants by tier and entity type. The Exec18 utive Assistant Commissioner shall determine a 

19 process to carry out such assessments, including 

20 projected milestones and completion dates for ad21 dressing data reliability issues and, as necessary, 

22 correcting data weaknesses, in order that U.S. Cus23 toms and Border Protection can produce accurate 

24 and reliable annual assessments that can be com25 pared year-to-year. 


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1 ‘‘(2) ELEMENTS.—Each annual assessment 

2 conducted pursuant to paragraph (1) shall at a min3 imum include the following: 

4 ‘‘(A) The average reduced security exam 

5 rate by CTPAT program participant tier and 

6 entity type. 

7 ‘‘(B) The average reduction in penalties 

8 for CTPAT program participants by tier and 

9 entity type. 

10 ‘‘(C) The average reduction in risk assess11 ment for CTPAT program participants by tier 

12 and entity type. 

13 ‘‘(3) PUBLIC AVAILABILITY.—The Executive 

14 Assistant Commissioner shall make each annual as15 sessment publicly available on the CTPAT portal for 

16 at least one year. 

17 ‘‘(c) CONSULTATION.—When assessing benefits in ac18 cordance with subsection (b), the Executive Assistant 

19 Commissioner shall consult with the Commercial Customs 

20 Operations Advisory Committee established under section 

21 109 of the Trade Facilitation and Trade Enforcement Act 

22 of 2015 (Public Law 114–125; 19 U.S.C. 4316) and the 

23 National Maritime Security Advisory Committee estab24 lished under section 70112 of title 46, United States Code. 


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1 ‘‘SEC. 215. TIER 1 PARTICIPANTS. 

2 ‘‘(a) CERTIFICATION.—The Executive Assistant 

3 Commissioner shall certify the security measures and 

4 international supply chain security practices of all appli5 cants to and participants in the CTPAT program in ac6 cordance with section 213(b)(2) and the guidelines re7 ferred to in subsection (c) of this section. Certified partici8 pants shall be Tier 1 participants. 

9 ‘‘(b) BENEFITS FOR TIER 1 PARTICIPANTS.—Upon 

10 completion of the certification under subsection (a), a 

11 CTPAT program participant shall be certified as a Tier 

12 1 participant. The Executive Assistant Commissioner shall 

13 extend limited benefits to a Tier 1 participant. 

14 ‘‘(c) CRITERIA.—Not later than 180 days after the 

15 date of the enactment of this subtitle, the Commissioner 

16 shall update the criteria for certifying a CTPAT program 

17 participant’s security measures and supply chain security 

18 practices under this section. Such criteria shall include a 

19 background investigation and review of appropriate docu20 mentation, as determined by the Commissioner. 

21 ‘‘(d) TIMEFRAME.—To the extent practicable, the 

22 Executive Assistant Commissioner shall conclude the Tier 

23 1 certification process within 90 days of receipt of a com24 pleted application for participation in the CTPAT pro25 gram. 


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1 ‘‘SEC. 216. TIER 2 PARTICIPANTS. 

2 ‘‘(a) VALIDATION.—The Executive Assistant Com3 missioner shall validate the security measures and inter4 national supply chain security practices of a Tier 1 

5 CTPAT program participant in accordance with the 

6 guidelines referred to in subsection (c) to validate such 

7 participant as a Tier 2 participant. Such validation shall 

8 include on-site assessments at appropriate foreign and do9 mestic locations utilized by such Tier 1 participant in its 

10 international supply chain. 

11 ‘‘(b) BENEFITS FOR TIER 2 PARTICIPANTS.—The 

12 Executive Assistant Commissioner, shall extend benefits 

13 to each CTPAT participant that has been validated as a 

14 Tier 2 participant under this section. Such benefits may 

15 include the following: 

16 ‘‘(1) Reduced scores in U.S. Customs and Bor17 der Protection’s Automated Targeting System or 

18 successor system. 

19 ‘‘(2) Reduced number of security examinations 

20 by U.S. Customs and Border Protection. 

21 ‘‘(3) Penalty mitigation opportunities. 

22 ‘‘(4) Priority examinations of cargo. 

23 ‘‘(5) Access to the Free and Secure Trade 

24 (FAST) Lanes at United States ports of entry. 

25 ‘‘(6) Confirmation of CTPAT status to foreign 

26 customs administrations that have signed Mutual 


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1 Recognition Arrangements with U.S. Customs and 

2 Border Protection. 

3 ‘‘(7) In the case of importers, eligibility to par4 ticipate in the Importer Self-Assessment Program 

5 (ISA) or successor compliance program. 

6 ‘‘(8) In the case of sea carriers, eligibility to 

7 participate in the Advance Qualified Unlading Ap8 proval (AQUA) Lane process. 

9 ‘‘(c) CRITERIA.—Not later than 180 days after the 

10 date of the enactment of this subtitle, the Commissioner 

11 shall develop a schedule and update the criteria for vali12 dating a CTPAT participant’s security measures and sup13 ply chain security practices under this section. 

14 ‘‘(d) TIMEFRAME.—To the extent practicable, the 

15 Executive Assistant Commissioner shall complete the Tier 

16 2 validation process for a CTPAT program participant 

17 under this section within one year after certification of 

18 such participant as a Tier 1 participant. 

19 ‘‘SEC. 217. TIER 3 PARTICIPANTS. 

20 ‘‘(a) IN GENERAL.—The Commissioner shall estab21 lish a third tier of CTPAT program participation that of22 fers additional benefits to CTPAT program participants 

23 that are importers or other entity types, in accordance 

24 with section 212(b), that demonstrate a sustained commit25 ment to maintaining security measures and international 


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1 supply chain security practices that exceed the guidelines 

2 established for validation as a Tier 2 participant in the 

3 CTPAT program under section 216. 

4 ‘‘(b) BEST PRACTICES.—The Commissioner shall 

5 provide a best practices framework to Tier 2 participants 

6 interested in Tier 3 status and may designate a Tier 2 

7 CTPAT program participant as a Tier 3 participant based 

8 on a review of best practices in such participant’s inter9 national supply chain that reflect a continued approach 

10 to enhanced international supply chain security, includ11 ing— 

12 ‘‘(1) compliance with any new or updated cri13 teria established by the Commissioner under section 

14 213(d) that exceed the guidelines established pursu15 ant to section 216 for validating a CTPAT program 

16 participant as a Tier 2 participant; and 

17 ‘‘(2) any other factors that the Commissioner 

18 determines appropriate that are provided in such 

19 best practices framework. 

20 ‘‘(c) BENEFITS FOR TIER 3 PARTICIPANTS.—The 

21 Executive Assistant Commissioner shall extend benefits to 

22 each CTPAT program participant that has been validated 

23 as a Tier 3 participant under this section, which, in addi24 tion to benefits for Tier 2 participation, may include the 

25 following: 


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1 ‘‘(1) Further reduction in the number of exami2 nations by U.S. Customs and Border Protection. 

3 ‘‘(2) Front of the line inspections and examina4 tions. 

5 ‘‘(3) Exemption from Stratified Exams. 

6 ‘‘(4) Shorter wait times at United States ports 

7 of entry. 

8 ‘‘SEC. 218. CONSEQUENCES FOR LACK OF COMPLIANCE. 

9 ‘‘(a) IN GENERAL.—If at any time the Executive As10 sistant Commissioner determines that a CTPAT program 

11 participant’s security measures or international supply 

12 chain security practices fail to meet applicable require13 ments under this subtitle, the Executive Assistant Com14 missioner may deny such participant benefits otherwise 

15 made available pursuant to this subtitle, either in whole 

16 or in part. The Executive Assistant Commissioner shall 

17 develop procedures, in consultation with Commercial Cus18 toms Operations Advisory Committee established under 

19 section 109 of the Trade Facilitation and Trade Enforce20 ment Act of 2015 (Public Law 114–125; 19 U.S.C. 4316), 

21 that provide appropriate protections to CTPAT program 

22 participants, including advance notice and an opportunity 

23 for such participants to provide additional information to 

24 U.S. Customs and Border Protection regarding any such 

25 alleged failure, before any of such benefits are withheld. 


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1 Such procedures may not limit the ability of the Executive 

2 Assistant Commissioner to take actions to protect the na3 tional security of the United States. 

4 ‘‘(b) FALSE OR MISLEADING INFORMATION; LACK OF

5 COMPLIANCE WITH LAW.—If a CTPAT program partici6 pant knowingly provides false or misleading information 

7 to the Commissioner, the Executive Assistant Commis8 sioner, Director, or any other officers or officials of the 

9 United States Government, or if at any time the Executive 

10 Assistant Commissioner determines that a CTPAT pro11 gram participant has committed a serious violation of 

12 Federal law or customs regulations, or if a CTPAT pro13 gram participant has committed a criminal violation relat14 ing to the economic activity of such participant, the Exec15 utive Assistant Commissioner may suspend or remove 

16 such participant from the CTPAT program for an appro17 priate period of time. The Executive Assistant Commis18 sioner, after the completion of the process described in 

19 subsection (d), may publish in the Federal Register a list 

20 of CTPAT program participants that have been so re21 moved from the CTPAT program pursuant to this sub22 section. 

23 ‘‘(c) NATIONAL SECURITY.—If at any time the Exec24 utive Assistant Commissioner determines that a CTPAT 

25 program participant poses a significant and imminent risk 


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1 to the national security of the United States, the Execu2 tive Assistant Commissioner may suspend or remove such 

3 participant from the CTPAT program for an appropriate 

4 period of time. The Executive Assistant Commissioner, 

5 after the completion of the process described in subsection 

6 (d), may publish in the Federal Register a list of CTPAT 

7 program participants that have been so removed from the 

8 CTPAT program pursuant to this subsection. 

9 ‘‘(d) RIGHT OF APPEAL.— 

10 ‘‘(1) IN GENERAL.—The Commissioner shall es11 tablish a process for a CTPAT program participant 

12 to appeal a decision of the Executive Assistant Com13 missioner under subsection (a). Such appeal shall be 

14 filed with the Commissioner not later than 90 days 

15 after the date of such decision, and the Commis16 sioner shall issue a determination not later than 90 

17 days after such appeal is filed. 

18 ‘‘(2) APPEALS OF OTHER DECISIONS.—The 

19 Commissioner shall establish a process for a CTPAT 

20 program participant to appeal a decision of the Ex21 ecutive Assistant Commissioner under subsections 

22 (b) and (c). Such appeal shall be filed with the Com23 missioner not later than 30 days after the date of 

24 such decision, and the Commissioner shall issue a 


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1 determination not later than 90 days after such ap2 peal is filed. 

3 ‘‘SEC. 219. VALIDATIONS BY OTHER DHS COMPONENTS. 

4 ‘‘(a) IN GENERAL.—The Commissioner may recog5 nize regulatory inspections of entities conducted by other 

6 components of the Department of Homeland Security as 

7 sufficient to constitute validation for CTPAT program 

8 participation in cases in which any such component’s in9 spection regime is harmonized with validation criteria for 

10 the CTPAT program. Such regulatory inspections shall 

11 not limit the ability of U.S. Customs and Border Protec12 tion to conduct a CTPAT program validation. 

13 ‘‘(b) REVALIDATION.—Nothing in this section may 

14 limit the Commissioner’s ability to require a revalidation 

15 by U.S. Customs and Border Protection. 

16 ‘‘(c) CERTIFICATION.—Nothing in this section may 

17 be construed to authorize certifications of CTPAT appli18 cants to be performed by any party other than U.S. Cus19 toms and Border Protection. 

20 ‘‘SEC. 220. RECERTIFICATION AND REVALIDATION. 

21 ‘‘(a) RECERTIFICATION.—The Commissioner shall 

22 implement a recertification process for all CTPAT pro23 gram participants. Such process shall occur annually, and 

24 shall require— 


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1 ‘‘(1) a review of the security profile and sup2 porting documentation to ensure adherence to the 

3 minimum security criteria under section 213; and 

4 ‘‘(2) background checks and vetting. 

5 ‘‘(b) REVALIDATION.—The Commissioner shall im6 plement a revalidation process for all Tier 2 and Tier 3 

7 CTPAT program participants. Such process shall re8 quire— 

9 ‘‘(1) a framework based upon objective, risk10 based criteria for identifying participants for peri11 odic revalidation at least once every four years after 

12 the initial validation of such participants; 

13 ‘‘(2) on-site assessments at appropriate foreign 

14 and domestic locations utilized by such a participant 

15 in its international supply chain; and 

16 ‘‘(3) an annual plan for revalidation that in17 cludes— 

18 ‘‘(A) performance measures; 

19 ‘‘(B) an assessment of the personnel need20 ed to perform such revalidations; and 

21 ‘‘(C) the number of participants that will 

22 be revalidated during the following year. 

23 ‘‘(c) REVALIDATION UNDER A MUTUAL RECOGNI24 TION ARRANGEMENT.— 


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1 ‘‘(1) IN GENERAL.—Upon request from the 

2 Commissioner, all Tier 2 and Tier 3 CTPAT pro3 gram participants shall provide any revalidation re4 port conducted by a foreign government under a 

5 Mutual Recognition Arrangement. 

6 ‘‘(2) RECOGNITION.—The Commissioner may 

7 recognize revalidations of entities conducted by for8 eign governments under a Mutual Recognition Ar9 rangement as sufficient to constitute a revalidation 

10 for CTPAT program participation under subsection 

11 (b). 

12 ‘‘(3) NO LIMITATION.—Nothing in this sub13 section may be construed to limit the Commis14 sioner’s ability to require a revalidation by U.S. Cus15 toms and Border Protection. 

16 ‘‘(d) DESIGNATED COMPANY EMPLOYEES.—Only 

17 designated company employees of a CTPAT program par18 ticipant under section 213(b)(1) are authorized to respond 

19 to a revalidation report. Third-party entities are not au20 thorized to respond to a revalidation report. 

21 ‘‘SEC. 221. NONCONTAINERIZED CARGO AND THIRD-PARTY 

22 LOGISTICS PROVIDERS. 

23 ‘‘The Commissioner shall consider the potential for 

24 participation in the CTPAT program by importers of non25 containerized cargoes and non-asset-based third-party loVerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 E:\BILLS\H8309.IH H8309

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1 gistics providers that otherwise meet the requirements 

2 under this subtitle. 

3 ‘‘SEC. 222. PROGRAM MANAGEMENT. 

4 ‘‘(a) IN GENERAL.—The Commissioner shall estab5 lish sufficient internal quality controls and record manage6 ment, including recordkeeping (including maintenance of 

7 a record management system in accordance with sub8 section (b)) and monitoring staff hours, to support the 

9 management systems of the CTPAT program. In man10 aging the CTPAT program, the Commissioner shall en11 sure that the CTPAT program includes the following: 

12 ‘‘(1) A five-year plan to identify outcome-based 

13 goals and performance measures of the CTPAT pro14 gram. 

15 ‘‘(2) An annual plan for each fiscal year de16 signed to match available resources to the projected 

17 workload. 

18 ‘‘(3) A standardized work program to be used 

19 by agency personnel to carry out the certifications, 

20 validations, recertifications, and revalidations of 

21 CTPAT program participants. 

22 ‘‘(4) In accordance with subsection (e), a stand23 ardized process for the Executive Assistant Commis24 sioner to receive reports of suspicious activity, inVerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00347 Fmt 6652 Sfmt 6201 E:\BILLS\H8309.IH H8309

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1 cluding reports regarding potentially compromised 

2 cargo or other national security concerns. 

3 ‘‘(b) DOCUMENTATION OF REVIEWS.— 

4 ‘‘(1) IN GENERAL.—The Commissioner shall 

5 maintain a record management system to document 

6 determinations on the reviews of each CTPAT pro7 gram participant, including certifications, valida8 tions, recertifications, and revalidations. 

9 ‘‘(2) STANDARDIZED PROCEDURES.—To ensure 

10 accuracy and consistency within the record manage11 ment system required under this subsection, the 

12 Commissioner shall develop, disseminate, and re13 quire utilization of standardized procedures for 

14 agency personnel carrying out certifications, valida15 tions, recertifications, and revalidations to report 

16 and track information regarding the status of each 

17 CTPAT program participant. 

18 ‘‘(c) CONFIDENTIAL INFORMATION SAFEGUARDS.— 

19 In consultation with the Commercial Customs Operations 

20 Advisory Committee established under section 109 of the 

21 Trade Facilitation and Trade Enforcement Act of 2015 

22 (Public Law 114–125; 19 U.S.C. 4316), the Commis23 sioner shall develop and implement procedures to ensure 

24 the protection of confidential data collected, stored, or 

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1 tion, certification, validation, recertification, and revalida2 tion processes. 

3 ‘‘(d) RESOURCE MANAGEMENT STAFFING PLAN.— 

4 The Commissioner shall— 

5 ‘‘(1) develop a staffing plan to recruit and train 

6 staff (including a formalized training program) to 

7 meet the objectives identified in the five-year stra8 tegic plan under subsection (a)(1); and 

9 ‘‘(2) provide cross-training in post incident 

10 trade resumption for the CTPAT Director and other 

11 relevant personnel who administer the CTPAT pro12 gram. 

13 ‘‘(e) ENGAGEMENT.—In carrying out the standard14 ized process required under subsection (a)(4), the Com15 missioner shall engage with and provide guidance to 

16 CTPAT program participants and other appropriate 

17 stakeholders on submitting reports described in such sub18 section. 

19 ‘‘(f) REPORT TO CONGRESS.—In connection with the 

20 President’s annual budget submission for the Department 

21 of Homeland Security, the Commissioner shall report to 

22 the appropriate congressional committees on the progress 

23 made by the Commissioner to certify, validate, recertify, 

24 and revalidate CTPAT program participants. Each such 


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1 report shall be due on the same date that the President’s 

2 budget is submitted to Congress.’’. 

3 (b) SAVING CLAUSE.— 

4 (1) IN GENERAL.—The amendments made by 

5 this Act shall take effect and apply beginning on the 

6 date that is 90 days after the date of the enactment 

7 of this Act with respect to applicants for participa8 tion in the CTPAT program. 

9 (2) EXCEPTION.—Paragraph (1) shall not 

10 apply in case of CTPAT program participants who 

11 are such participants as of the date specified in such 

12 paragraph. Such participants shall be subject to the 

13 amendments made by this Act upon revalidation of 

14 such participants to participate in such program. 

15 Until such time, such participants shall be subject to 

16 the requirements of the CTPAT program as in exist17 ence on the day before the date of the enactment of 

18 this Act. 

19 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

20 The Security and Accountability for Every Port Act of 

21 2006 is amended— 

22 (1) in paragraph (4) of section 2 (6 U.S.C. 

23 901), by striking ‘‘Commissioner responsible for the 

24 United States Customs and Border Protection’’ and 


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1 inserting ‘‘Commissioner of U.S. Customs and Bor2 der Protection’’; and 

3 (2) in paragraph (2) of section 202(c) (6 

4 U.S.C. 942(c)), by striking ‘‘C–TPAT’’ and insert5 ing ‘‘CTPAT’’. 

6 (d) CLERICAL AMENDMENTS.—The table of contents 

7 in section 1(b) of the Security and Accountability for 

8 Every Port Act of 2006 is amended by striking the items 

9 relating to subtitle B of title II and inserting the following 

10 new items: 

‘‘Subtitle B—Customs Trade Partnership Against Terrorism 

‘‘Sec. 211. Establishment of the Customs Trade Partnership Against Terrorism 

program. 

‘‘Sec. 212. Eligible entities and notice of benefits. 

‘‘Sec. 213. Participation eligibility. 

‘‘Sec. 214. Benefits for CTPAT program participants. 

‘‘Sec. 215. Tier 1 participants. 

‘‘Sec. 216. Tier 2 participants. 

‘‘Sec. 217. Tier 3 participants. 

‘‘Sec. 218. Consequences for lack of compliance. 

‘‘Sec. 219. Validations by other DHS components. 

‘‘Sec. 220. Recertification and revalidation. 

‘‘Sec. 221. Noncontainerized cargo and third-party logistics providers. 

‘‘Sec. 222. Program management.’’. 

11 SEC. 415. STRATEGY TO ENSURE DETECTION OF ALL 

12 OPIOID PURITY LEVELS AT PORTS OF ENTRY. 

13 (a) IN GENERAL.—Not later than 180 days after the 

14 date of the enactment of this section, the Commissioner 

15 of U.S. Customs and Border Protection (CBP) shall— 

16 (1) implement a strategy to ensure deployed 

17 chemical screening devices are able to identify, in an 

18 operational environment, narcotics at purity levels 


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1 less than or equal to 10 percent, or provide ports of 

2 entry with an alternate method for identifying nar3 cotics at lower purity levels; and 

4 (2) require testing of any new chemical screen5 ing devices to understand the abilities and limita6 tions of such devices relating to identifying narcotics 

7 at various purity levels before CBP commits to the 

8 acquisition of such devices. 

9 (b) PLAN TO ENSURE OPIOID DETECTION EQUIP10 MENT RESILIENCY.—Not later than 180 days after the 

11 date of the enactment of this section, the Secretary of 

12 Homeland Security shall implement a plan for the long13 term development of a centralized spectral database for 

14 chemical screening devices. Such plan shall address the 

15 following: 

16 (1) How newly identified spectra will be col17 lected, stored, and distributed to such devices in 

18 their operational environment, including at ports of 

19 entry. 

20 (2) Identification of parties responsible for up21 dates and maintenance of such database. 

22 SEC. 416. AUTHORIZATION OF THE IMMIGRATION ADVI23 SORY PROGRAM. 

24 (a) IN GENERAL.—Subtitle B of title IV of the 

25 Homeland Security Act of 2002 (6 U.S.C. 211 et seq.), 


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1 as amended by this title, is further amended by adding 

2 at the end the following new section: 

3 ‘‘SEC. 420B. IMMIGRATION ADVISORY PROGRAM. 

4 ‘‘(a) IN GENERAL.—There is authorized within U.S. 

5 Customs and Border Protection an immigration advisory 

6 program (in this section referred to as the ‘program’) for 

7 United States Customs and Border Protection officers, 

8 pursuant to an agreement with a host country, to assist 

9 air carriers and security employees at foreign airports with 

10 review of traveler information during the processing of 

11 flights bound for the United States. 

12 ‘‘(b) ACTIVITIES.—In carrying out the program, U.S. 

13 Customs and Border Protection officers may— 

14 ‘‘(1) be present during processing of flights 

15 bound for the United States; 

16 ‘‘(2) assist air carriers and security employees 

17 with document examination and traveler security as18 sessments; 

19 ‘‘(3) provide relevant training to air carriers, 

20 security employees, and host-country authorities; 

21 ‘‘(4) analyze electronic passenger information 

22 and passenger reservation data to identify potential 

23 threats; 

24 ‘‘(5) engage air carriers and travelers to con25 firm potential terrorist watchlist matches; 


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1 ‘‘(6) make recommendations to air carriers to 

2 deny potentially inadmissible passengers boarding 

3 flights bound for the United States; and 

4 ‘‘(7) conduct other activities to secure flights 

5 bound for the United States, as directed by the 

6 Commissioner of United States Customs and Border 

7 Protection. 

8 ‘‘(c) NOTIFICATION TO CONGRESS.—Not later than 

9 60 days before an agreement with the government of a 

10 host country pursuant to the program described in this 

11 section enters into force, the Commissioner of U.S. Cus12 toms and Border Protection shall provide the Committee 

13 on Homeland Security of the House of Representatives 

14 and the Committee on Homeland Security and Govern15 mental Affairs of the Senate with— 

16 ‘‘(1) a copy of such agreement, which shall in17 clude— 

18 ‘‘(A) the identification of the host country 

19 with which United States Customs and Border 

20 Protection intends to enter into such agree21 ment; 

22 ‘‘(B) the location at which activities de23 scribed in subsection (b) will be conducted pur24 suant to such agreement; and 


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1 ‘‘(C) the terms and conditions for United 

2 States Customs and Border Protection per3 sonnel operating at such location; 

4 ‘‘(2) country-specific information on the antici5 pated homeland security benefits associated with 

6 such agreement; 

7 ‘‘(3) an assessment of the impacts such agree8 ment will have on United States Customs and Bor9 der Protection domestic port of entry staffing; 

10 ‘‘(4) information on the anticipated costs over 

11 the 5 fiscal years after such agreement enters into 

12 force associated with carrying out such agreement; 

13 ‘‘(5) details on information sharing mechanisms 

14 to ensure that United States Customs and Border 

15 Protection has current information to prevent ter16 rorist and criminal travel; and 

17 ‘‘(6) other factors that the Commissioner deter18 mines necessary for Congress to comprehensively as19 sess the appropriateness of carrying out the pro20 gram. 

21 ‘‘(d) AMENDMENT OF EXISTING AGREEMENTS.—Not 

22 later than 30 days before a substantially amended pro23 gram agreement with the government of a host country 

24 in effect as of the date of the enactment of this section 

25 enters into force, the Commissioner of U.S. Customs and 


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1 Border Protection shall provide to the Committee on 

2 Homeland Security of the House of Representatives and 

3 the Committee on Homeland Security and Governmental 

4 Affairs of the Senate— 

5 ‘‘(1) a copy of such agreement, as amended; 

6 and 

7 ‘‘(2) the justification for such amendment. 

8 ‘‘(e) DEFINITIONS.—In this section, the terms ‘air 

9 carrier’ and ‘foreign air carrier’ have the meanings given 

10 such terms in section 40102 of title 49, United States 

11 Code.’’. 

12 (b) CONFORMING AMENDMENT.—Subsection (c) of 

13 section 411 of the Homeland Security Act of 2002 (6 

14 U.S.C. 211), as amended by this title, is further amend15 ed— 

16 (1) in paragraph (22), by striking ‘‘and’’ after 

17 the semicolon at the end; 

18 (2) by redesignating paragraph (23) as para19 graph (24); and 

20 (3) by inserting after paragraph (22) the fol21 lowing new paragraph: 

22 ‘‘(23) carry out section 420B, relating to the 

23 immigration advisory program; and’’. 

24 (c) CLERICAL AMENDMENT.—The table of contents 

25 in section 1(b) of the Homeland Security Act of 2002 is 


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1 amended by inserting after the item relating to section 

2 420A, as added by this title, the following new item: 

‘‘Sec. 420B. Immigration advisory program.’’. 

3 SEC. 417. BORDER SECURITY TECHNOLOGY ACCOUNT4 ABILITY. 

5 (a) IN GENERAL.—Subtitle C of title IV of the 

6 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 

7 is amended by adding at the end the following new section: 

8 ‘‘SEC. 437. BORDER SECURITY TECHNOLOGY PROGRAM 

9 MANAGEMENT. 

10 ‘‘(a) PLANNING DOCUMENTATION.—For each border 

11 security technology acquisition program of the Depart12 ment that is determined to be a major acquisition pro13 gram, the Secretary shall— 

14 ‘‘(1) ensure that each such program has a writ15 ten acquisition program baseline approved by the 

16 relevant acquisition decision authority; 

17 ‘‘(2) document that each such program is meet18 ing cost, schedule, and performance thresholds as 

19 specified in such baseline, in compliance with rel20 evant departmental acquisition policies and the Fed21 eral Acquisition Regulation; and 

22 ‘‘(3) have a plan for meeting program imple23 mentation objectives by managing contractor per24 formance. 


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1 ‘‘(b) ADHERENCE TO STANDARDS.—The Secretary, 

2 acting through the Under Secretary for Management and 

3 the Commissioner of U.S. Customs and Border Protection, 

4 shall ensure border security technology acquisition pro5 gram managers who are responsible for carrying out this 

6 section adhere to relevant internal control standards iden7 tified by the Comptroller General of the United States. 

8 The Commissioner shall provide information, as needed, 

9 to assist the Under Secretary in monitoring management 

10 of border security technology acquisition programs under 

11 this section. 

12 ‘‘(c) PLAN.—The Secretary, acting through the 

13 Under Secretary for Management, in coordination with 

14 the Under Secretary for Science and Technology and the 

15 Commissioner of U.S. Customs and Border Protection, 

16 shall submit to the appropriate congressional committees 

17 a plan for testing, evaluating, and using independent 

18 verification and validation resources for border security 

19 technology. Under the plan, new border security tech20 nologies shall be evaluated through a series of assess21 ments, processes, and audits to ensure compliance with 

22 relevant departmental acquisition policies and the Federal 

23 Acquisition Regulation, as well as the effectiveness of tax24 payer dollars. 


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1 ‘‘(d) MAJOR ACQUISITION PROGRAM DEFINED.—In 

2 this section, the term ‘major acquisition program’ means 

3 a Department acquisition program that is estimated by 

4 the Secretary to require an eventual total expenditure of 

5 at least $300,000,000 (based on fiscal year 2021 constant 

6 dollars) over its life cycle cost.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 of the Homeland Security Act of 2002 is amended by 

9 striking the items relating to sections 435 and 436 and 

10 inserting after the item relating to section 434 the fol11 lowing new items: 

‘‘Sec. 435. Maritime operations coordination plan. 

‘‘Sec. 436. Maritime security capabilities assessments. 

‘‘Sec. 437. Border security technology program management.’’. 

12 SEC. 418. ESTABLISHMENT OF U.S. IMMIGRATION AND CUS13 TOMS ENFORCEMENT. 

14 (a) IN GENERAL.—Section 442 of the Homeland Se15 curity Act of 2002 (6 U.S.C. 252) is amended to read 

16 as follows: 

17 ‘‘SEC. 442. U.S. IMMIGRATION AND CUSTOMS ENFORCE18 MENT. 

19 ‘‘(a) ESTABLISHMENT.—There is established within 

20 the Department an agency to be known as U.S. Immigra21 tion and Customs Enforcement. 

22 ‘‘(b) DIRECTOR OF U.S. IMMIGRATION AND CUSTOMS

23 ENFORCEMENT.—There shall be at the head of U.S. Im24 migration and Customs Enforcement a Director of U.S. 


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1 Immigration and Customs Enforcement (in this section re2 ferred to as the ‘Director’). 

3 ‘‘(c) DUTIES AND QUALIFICATIONS.—The Director 

4 shall— 

5 ‘‘(1) have a minimum of five years— 

6 ‘‘(A) professional experience in law en7 forcement, which may include law enforcement 

8 as it relates to the immigration laws, as defined 

9 in paragraph (17) of section 101(a) of the Im10 migration and Nationality Act (8 U.S.C. 

11 1101(a)(17)) or the customs and trade laws of 

12 the United States, as defined in section 2 of the 

13 Trade Facilitation and Trade Enforcement Act 

14 of 2015 (19 U.S.C. 4301); and 

15 ‘‘(B) management experience; 

16 ‘‘(2) in coordination with U.S. Customs and 

17 Border Protection and United States Citizenship 

18 and Immigration Services, enforce and administer 

19 immigration laws, as defined in paragraph (17) of 

20 section 101(a) of the Immigration and Nationality 

21 Act (8 U.S.C. 1101(a)), including the identification, 

22 arrest, detention, and removal of aliens who may be 

23 inadmissible to, or deportable from, the United 

24 States; 


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1 ‘‘(3) have the authority to investigate and, 

2 where appropriate, refer for prosecution, any crimi3 nal or civil violation of Federal law relating to or in4 volving— 

5 ‘‘(A) border control and security, including 

6 the prevention of the entry or residence of ter7 rorists, criminals, and human rights violators; 

8 ‘‘(B) the customs and trade laws of the 

9 United States, as defined in section 2 of the 

10 Trade Facilitation and Trade Enforcement Act 

11 of 2015 (19 U.S.C. 4301); 

12 ‘‘(C) fraud, false statements, or other vio13 lations on the import or export of merchandise, 

14 including the illicit possession, movement of, or 

15 trade in goods, services, property, arms, instru16 ments of terrorism, items controlled or prohib17 ited from export, goods made with forced or in18 dentured labor, intellectual property, or cur19 rency or other monetary instruments; 

20 ‘‘(D) bulk cash smuggling or other finan21 cial crimes with a cross-border or international 

22 nexus; 

23 ‘‘(E) the immigration laws, as defined in 

24 paragraph (17) of section 101(a) of the Immi25 gration and Nationality Act (8 U.S.C. 1101(a)); 


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1 ‘‘(F) transnational organized crime; 

2 ‘‘(G) chapter 40 or 44 of title 18, United 

3 States Code, or other violation relating to explo4 sives, firearms, other destructive devices involv5 ing an alien; 

6 ‘‘(H) severe forms of trafficking in per7 sons, as defined in section 103 of the Victims 

8 of Trafficking and Violence Protection Act of 

9 2000 (22 U.S.C. 7102); 

10 ‘‘(I) the production, procurement, counter11 feiting, alteration, or use of fraudulent immi12 gration documents or fraudulently obtaining im13 migration benefits; 

14 ‘‘(J) unlawful use of personal information, 

15 when such use relates to or affects border secu16 rity, terrorism, customs, immigration, natu17 ralization, trade, or transportation security; 

18 ‘‘(K) computer crimes, pursuant to section 

19 1030(d) of title 18, United States Code, in co20 operation, where required by law, with the 

21 United States Secret Service and the Federal 

22 Bureau of Investigation; 

23 ‘‘(L) drug laws, as specified in the Con24 trolled Substances Act and the Controlled SubVerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6201 E:\BILLS\H8309.IH H8309

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1 stances Import and Export Act in the context 

2 of cross-border criminal activity; 

3 ‘‘(M) child exploitation, child pornography, 

4 or traveling child sex offenders pursuant to sec5 tion 890A(b)(2)(A) of the Homeland Security 

6 Act of 2002 (6 U.S.C. 473(b)(2)(A)); and 

7 ‘‘(N) cyber-enabled crimes pursuant to sec8 tion 890A(d)(2)(B) of the Homeland Security 

9 Act of 2002 (6 U.S.C. 473(d)(2)(B)); 

10 ‘‘(4) administer the National Intellectual Prop11 erty Rights Coordination Center established in sec12 tion 305 of the Trade Facilitation and Trade En13 forcement Act of 2015 (Public Law 114–125; 19 

14 U.S.C. 4344); 

15 ‘‘(5) jointly with the Commissioner of U.S. Cus16 toms and Border Protection, develop and submit the 

17 joint strategic plan required under section 105 of 

18 the Trade Facilitation and Trade Enforcement Act 

19 of 2015 (Public Law 114–125; 19 U.S.C. 4314); 

20 ‘‘(6) coordinate, as otherwise permitted by law, 

21 with Federal, State, local, tribal, and foreign agen22 cies in carrying out the duties set forth in para23 graphs (2) and (3); 

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1 ment of State, establish staff liaison offices and vet2 ted units in foreign countries to support law enforce3 ment activities that require international coopera4 tion, including investigations and repatriation ef5 forts; 

6 ‘‘(8) assign employees of the Department to 

7 diplomatic and consular posts, in coordination with 

8 the Secretary, pursuant to section 428(e); 

9 ‘‘(9) authorize danger pay allowance for em10 ployees of the Department pursuant to section 5928 

11 of title 5, United States Code, with the approval of 

12 the Secretary of State; 

13 ‘‘(10) provide technical assistance and training 

14 to trusted and vetted law enforcement and customs 

15 authorities of foreign countries to enhance the abil16 ity of such authorities to enforce immigration and 

17 customs laws; 

18 ‘‘(11) establish, maintain, and administer ap19 propriate law enforcement centers, including the 

20 Human Rights Violators and War Crimes Center 

21 and other interagency centers, in accordance with 

22 applicable law, or as prescribed by the Secretary or 

23 in furtherance of the Director’s assigned duties; 

24 ‘‘(12) administer the Border Enforcement Secu25 rity Task Force established under section 432; 


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1 ‘‘(13) operate the Cyber Crimes Center estab2 lished in section 890A; 

3 ‘‘(14) in carrying out paragraph (3), administer 

4 internal conspiracy investigations at United States 

5 ports of entry; and 

6 ‘‘(15) carry out other duties and powers pre7 scribed by law or delegated by the Secretary. 

8 ‘‘(d) GENERAL ENFORCEMENT POWERS.—The Di9 rector may authorize agents and officers of U.S. Immigra10 tion and Customs Enforcement to— 

11 ‘‘(1) carry out the duties and responsibilities 

12 authorized under section 287 of the Immigration 

13 and Nationality Act (8 U.S.C. 1357) and section 

14 589 of the Tariff Act of 1930 (19 U.S.C. 1589a); 

15 ‘‘(2) seize any property, whether real or per16 sonal, that is involved in any violation or attempted 

17 violation, or which constitutes proceeds traceable to 

18 a violation, of those provisions of law which U.S. Im19 migration and Customs Enforcement is authorized 

20 to enforce; 

21 ‘‘(3) offer and pay rewards for services and in22 formation regarding the apprehension of persons in23 volved in, or the seizure and forfeiture of property 

24 associated with, the violation or attempted violation 


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1 of those provisions of law which U.S. Immigration 

2 and Customs Enforcement is authorized to enforce; 

3 ‘‘(4) issue detainers for purposes of immigra4 tion enforcement pursuant to sections 236, 241, and 

5 287 of the Immigration and Nationality Act (8 

6 U.S.C. 1226, 1231, and 1357); and 

7 ‘‘(5) conduct undercover investigative oper8 ations pursuant to section 294 of the Immigration 

9 and Nationality Act (8 U.S.C. 1363a), and section 

10 3131 of the Customs Enforcement Act of 1986 (19 

11 U.S.C. 2081; enacted as part of the Anti-Drug 

12 Abuse Act of 1986). 

13 ‘‘(e) DEPUTY DIRECTOR.—There shall be in U.S. Im14 migration and Customs Enforcement a Deputy Director 

15 who shall assist the Director in the management of U.S. 

16 Immigration and Customs Enforcement. 

17 ‘‘(f) OFFICE OF HOMELAND SECURITY INVESTIGA18 TIONS.— 

19 ‘‘(1) IN GENERAL.—There is established in 

20 U.S. Immigration and Customs Enforcement the Of21 fice of Homeland Security Investigations. 

22 ‘‘(2) EXECUTIVE ASSOCIATE DIRECTOR.—There 

23 shall be at the head of the Office of Homeland Secu24 rity Investigations an Executive Associate Director, 

25 who shall report to the Director. 


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1 ‘‘(3) DUTIES.—The Office of Homeland Secu2 rity Investigations shall— 

3 ‘‘(A) serve as the law enforcement office of 

4 U.S. Immigration and Customs Enforcement 

5 with primary responsibility to conduct investiga6 tions of terrorist organizations and other crimi7 nal organizations that threaten the homeland or 

8 border security; 

9 ‘‘(B) serve as the law enforcement office of 

10 U.S. Immigration and Customs Enforcement 

11 with primary responsibility to conduct investiga12 tions of, and, where appropriate, refer for pros13 ecution, any criminal or civil violations of Fed14 eral law, including— 

15 ‘‘(i) financial crimes; 

16 ‘‘(ii) money laundering and bulk cash 

17 smuggling; 

18 ‘‘(iii) commercial fraud and intellec19 tual property theft; 

20 ‘‘(iv) cyber-enabled crimes pursuant to 

21 section 890A(d)(2)(B) of the Homeland 

22 Security Act of 2002 (6 U.S.C. 

23 473(d)(2)(B)); 

24 ‘‘(v) human smuggling, human traf25 ficking, and human rights violations; 


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1 ‘‘(vi) narcotics and weapons smug2 gling and trafficking; 

3 ‘‘(vii) transnational gang activity; 

4 ‘‘(viii) export violations; 

5 ‘‘(ix) international art and antiquity 

6 theft; 

7 ‘‘(x) identity and benefit fraud; 

8 ‘‘(xi) unlawful employment of unau9 thorized aliens; 

10 ‘‘(xii) child exploitation, child pornog11 raphy, and traveling child sex offenders 

12 pursuant to section 890A(b)(2)(A) of the 

13 Homeland Security Act of 2002 (6 U.S.C. 

14 473(b)(2)(A)); 

15 ‘‘(xiii) computer crimes pursuant to 

16 section 1030(d) of title 18, United States 

17 Code, in cooperation, where required by 

18 law, with the United States Secret Service 

19 and the Federal Bureau of Investigation; 

20 and 

21 ‘‘(xiv) any other criminal or civil viola22 tion prescribed by law or delegated by the 

23 Director; 

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1 dents and exchange visitor program partici2 pants described in section 641 of the Illegal Im3 migration Reform and Immigrant Responsibility 

4 Act of 1996 (8 U.S.C. 1372), including the 

5 Student and Exchange Visitor Information Sys6 tem established under such section, and use 

7 such information to carry out the enforcement 

8 functions of U.S. Immigration and Customs 

9 Enforcement; and 

10 ‘‘(D) carry out other duties and powers 

11 prescribed by the Director. 

12 ‘‘(g) OFFICE OF ENFORCEMENT AND REMOVAL OP13 ERATIONS.— 

14 ‘‘(1) IN GENERAL.—There is established in 

15 U.S. Immigration and Customs Enforcement the Of16 fice of Enforcement and Removal Operations. 

17 ‘‘(2) EXECUTIVE ASSOCIATE DIRECTOR.—There 

18 shall be at the head of the Office of Enforcement 

19 and Removal Operations an Executive Associate Di20 rector, who shall report to the Director. 

21 ‘‘(3) DUTIES.—The Office of Enforcement and 

22 Removal Operations shall— 

23 ‘‘(A) serve as the law enforcement office of 

24 U.S. Immigration and Customs Enforcement 

25 with primary responsibility to enforce the civil 


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1 immigration and nationality laws of the United 

2 States, except to the extent that any other 

3 agency of the Federal Government has the re4 sponsibility or authority for so doing; 

5 ‘‘(B) identify, locate, detain, and arrest 

6 aliens in custodial settings or at-large who may 

7 be subject to removal from the United States; 

8 ‘‘(C) have custody over (and the authority 

9 to release) aliens detained for potential exclu10 sion, deportation, or removal from the United 

11 States, manage the administrative immigration 

12 detention operations of U.S. Immigration and 

13 Customs Enforcement, and provide necessary 

14 and appropriate medical care and dental and 

15 mental health services to detained aliens in the 

16 custody of the agency; 

17 ‘‘(D) plan, coordinate, and manage the 

18 execution of exclusion, deportation, and removal 

19 orders issued to aliens; 

20 ‘‘(E) investigate and refer for prosecution 

21 any civil or criminal violation of the immigra22 tion laws or any offense described in section 

23 287(a)(5) of the Immigration and Nationality 

24 Act (8 U.S.C. 1357(a)(5)); and 


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1 ‘‘(F) carry out other duties and powers 

2 prescribed by the Director. 

3 ‘‘(h) OFFICE OF THE PRINCIPAL LEGAL ADVISOR.— 

4 ‘‘(1) IN GENERAL.—There is established in 

5 U.S. Immigration and Customs Enforcement the Of6 fice of the Principal Legal Advisor. 

7 ‘‘(2) PRINCIPAL LEGAL ADVISOR.—There shall 

8 be at the head of the Office the Principal Legal Ad9 visor a Principal Legal Advisor. 

10 ‘‘(3) DUTIES.—The Office of the Principal 

11 Legal Advisor shall— 

12 ‘‘(A) provide specialized legal advice to the 

13 Director; 

14 ‘‘(B) represent U.S. Immigration and Cus15 toms Enforcement in all exclusion, deportation, 

16 and removal proceedings before the Executive 

17 Office for Immigration Review; and 

18 ‘‘(C) carry out other duties and powers 

19 prescribed by the Director. 

20 ‘‘(i) OFFICE OF PROFESSIONAL RESPONSIBILITY.— 

21 ‘‘(1) IN GENERAL.—There is established in 

22 U.S. Immigration and Customs Enforcement the Of23 fice of Professional Responsibility. 

24 ‘‘(2) ASSOCIATE DIRECTOR.—There shall be at 

25 the head of the Office of Professional Responsibility 


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1 an Associate Director, who shall report to the Direc2 tor. 

3 ‘‘(3) DUTIES.—The Office of Professional Re4 sponsibility shall— 

5 ‘‘(A) investigate allegations of criminal, 

6 civil, or administrative misconduct involving any 

7 employee, officer, or contractor of U.S. Immi8 gration and Customs Enforcement; 

9 ‘‘(B) inspect and review U.S. Immigration 

10 and Customs Enforcement’s offices, operations, 

11 and processes, including detention facilities op12 erated or used by U.S. Immigration and Cus13 toms Enforcement, and provide an independent 

14 review of U.S. Immigration and Custom En15 forcement’s organizational health, effectiveness, 

16 and efficiency of mission; 

17 ‘‘(C) provide and manage the security pro18 grams and operations for U.S. Immigration and 

19 Customs Enforcement; and 

20 ‘‘(D) carry out other duties and powers 

21 prescribed by the Director. 

22 ‘‘(j) OFFICE OF MANAGEMENT AND ADMINISTRA23 TION.— 


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1 ‘‘(1) IN GENERAL.—There is established in 

2 U.S. Immigration and Customs Enforcement the Of3 fice of Management and Administration. 

4 ‘‘(2) EXECUTIVE ASSOCIATE DIRECTOR.—There 

5 shall be at the head of the Office of Management 

6 and Administration an Executive Associate Director, 

7 who shall report to the Director. 

8 ‘‘(3) DUTIES.—The Office of Management and 

9 Administration shall— 

10 ‘‘(A) oversee and execute the agency’s ad11 ministrative and management support functions 

12 to ensure compliance with all laws, regulations 

13 and policies, sound resource and asset manage14 ment, internal controls, and in furtherance of 

15 ICE mission effectiveness; 

16 ‘‘(B) oversee the delivery of ICE’s budget 

17 justifications, manage budget distributions, and 

18 oversee the execution of ICE’s budget through 

19 financial policies, standards, and systems for 

20 ICE’s programs, projects, and activities; 

21 ‘‘(C) deliver human capital programs on 

22 behalf of the agency; 

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1 gram accountability, and perform oversight and 

2 execution of all contracting activities; 

3 ‘‘(E) manage ICE’s facilities portfolio en4 suring infrastructure is effectively planned, ac5 quired, and maintained; 

6 ‘‘(F) develop and maintain an integrated 

7 information technology infrastructure; 

8 ‘‘(G) ensure the implementation of strong 

9 privacy protections, records management, data 

10 governance practices, and timely responses to 

11 Freedom of Information Act requests; 

12 ‘‘(H) develop and execute leadership and 

13 career development programs to meet ICE 

14 training needs; and 

15 ‘‘(I) carry out other duties and authorities 

16 prescribed by the Director. 

17 ‘‘(k) OTHER AUTHORITIES.— 

18 ‘‘(1) IN GENERAL.—The Secretary may estab19 lish such other Executive Associate Directors, As20 sistant Directors, or other similar officers or offi21 cials, or other offices or positions as the Secretary 

22 determines necessary to carry out the missions, du23 ties, functions, and authorities of U.S. Immigration 

24 and Customs Enforcement. 


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1 ‘‘(2) NOTIFICATION.—If the Secretary exercises 

2 the authority provided pursuant to paragraph (1), 

3 the Secretary shall notify the Committee on Home4 land Security and the Committee on the Judiciary of 

5 the House of Representatives and the Committee on 

6 Homeland Security and Governmental Affairs and 

7 the Committee on the Judiciary of the Senate not 

8 later than 30 days before exercising such authority. 

9 ‘‘(l) OTHER FEDERAL AGENCIES.—Nothing in this 

10 section may be construed as affecting or limiting in any 

11 manner the authority, as in existence on the day before 

12 the date of the enactment of this section, of any other 

13 Federal agency or other component of the Department.’’. 

14 (b) SPECIAL RULES.— 

15 (1) TREATMENT.—Section 442 of the Home16 land Security Act of 2002, as amended by subsection 

17 (a) of this section, shall be treated as if included in 

18 such Act as of the date of the enactment of such 

19 Act. In addition to the functions, missions, duties, 

20 and authorities specified in such amended section 

21 442, U.S. Immigration and Customs Enforcement 

22 shall continue to perform and carry out the func23 tions, missions, duties, and authorities under section 

24 442 of such Act as in existence on the day before 


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1 such date of enactment (notwithstanding the treat2 ment described in this paragraph). 

3 (2) RULES OF CONSTRUCTION.— 

4 (A) RULES AND REGULATIONS.—Notwith5 standing the treatment described in paragraph 

6 (1), nothing in this Act may be construed as af7 fecting in any manner any rule or regulation 

8 issued or promulgated pursuant to any provi9 sion of law, including section 442 of the Home10 land Security Act of 2002, as in existence on 

11 the day before the date of the enactment of this 

12 Act, and any such rule or regulation shall con13 tinue to have full force and effect on and after 

14 such date. 

15 (B) OTHER ACTIONS.—Notwithstanding 

16 the treatment described in paragraph (1), noth17 ing in this Act may be construed as affecting in 

18 any manner any action, determination, policy, 

19 or decision pursuant to section 442 of the 

20 Homeland Security Act of 2002 as in existence 

21 on the day before the date of the enactment of 

22 this Act, and any such action, determination, 

23 policy, or decision shall continue to have full 

24 force and effect on and after such date. 

25 (c) CONTINUATION IN OFFICE.— 


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1 (1) DIRECTOR.—The individual serving as the 

2 Director of U.S. Immigration and Customs Enforce3 ment on the day before the date of the enactment 

4 of this Act (notwithstanding the treatment described 

5 in subsection (b)(1)) may serve as the Director of 

6 U.S. Immigration and Customs Enforcement in ac7 cordance with section 442 of the Homeland Security 

8 Act of 2002, as amended by subsection (a), until the 

9 earlier of— 

10 (A) the date on which such individual is no 

11 longer eligible to serve as Director; or 

12 (B) the date on which a person nominated 

13 by the President to be the Director is confirmed 

14 by the Senate in accordance with such section 

15 441. 

16 (2) OTHER POSITIONS.—The individuals serv17 ing as the Deputy Director, Executive Associate Di18 rectors, Deputy Executive Associate Directors, or 

19 similar officers or officials of U.S. Immigration and 

20 Customs Enforcement under section 442 of the 

21 Homeland Security Act of 2002 on the day before 

22 the date of the enactment of this Act (notwith23 standing the treatment described in subsection 

24 (b)(1)) may serve as the appropriate Deputy Direc25 tor, Executive Associate Directors, Deputy Executive 


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1 Associate Directors, Associate Directors, Deputy As2 sociate Directors, Assistant Directors, and other of3 ficers and officials under section 442 of such Act, as 

4 amended by subsection (a), unless the individual 

5 serving as the Director of U.S. Immigration and 

6 Customs Enforcement determines that another indi7 vidual should hold such position. 

8 (d) TRANSPORTATION.—Paragraph (6) of section 

9 1344(b) of title 31, United States Code, is amended by 

10 inserting ‘‘, the Director of U.S. Immigration and Cus11 toms Enforcement, the Commissioner of Customs and 

12 Border Protection,’’ before ‘‘the Administrator of the 

13 Drug Enforcement Administration,’’. 

14 (e) CONFORMING AMENDMENTS.— 

15 (1) TITLE 5.—Section 5314 of title 5, United 

16 States Code, is amended by inserting after ‘‘Director 

17 of the Bureau of Citizenship and Immigration Serv18 ices.’’ the following new item: ‘‘Director of U.S. Im19 migration and Customs Enforcement.’’. 

20 (2) TITLE 18.—Subsection (d) of section 1030 

21 of title 18, United States Code, is amended— 

22 (A) in paragraph (1), by inserting ‘‘and 

23 U.S. Immigration and Customs Enforcement’’ 

24 after ‘‘United States Secret Service’’; 


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1 (B) in paragraph (2), by inserting, ‘‘, in 

2 collaboration with U.S. Immigration and Cus3 toms Enforcement’’ after ‘‘Federal Bureau of 

4 Investigation’’; and 

5 (C) in paragraph (3), by striking ‘‘Sec6 retary of the Treasury’’ and inserting ‘‘Sec7 retary of Homeland Security’’. 

8 (3) TRADE FACILITATION AND TRADE EN9 FORCEMENT ACT OF 2015.—Paragraph (2) of section 

10 802(d) of the Trade Facilitation and Trade Enforce11 ment Act of 2015 (Public Law 114–125) is amended 

12 by inserting before the period at the end the fol13 lowing: ‘‘or the Director of U.S. Immigration and 

14 Customs Enforcement, as determined by the Sec15 retary of Homeland Security’’. 

16 (4) HOMELAND SECURITY ACT OF 2002.—Title 

17 IV of the Homeland Security Act of 2002 is amend18 ed— 

19 (A) in subtitle C— 

20 (i) in subsection (e) of section 428 (6 

21 U.S.C. 236), by adding at the end the fol22 lowing new paragraph: 

23 ‘‘(9) DELEGATED AUTHORITY.—For purposes 

24 of this subsection, the Secretary shall act through 


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1 the Director of U.S. Immigration and Customs En2 forcement.’’; and 

3 (ii) in section 432 (6 U.S.C. 240)— 

4 (I) by redesignating subsection 

5 (e) as subsection (f); and 

6 (II) by inserting after subsection 

7 (d) the following new subsection: 

8 ‘‘(e) ADMINISTRATION.—The Director of U.S. Immi9 gration and Customs Enforcement shall administer BEST 

10 units established under this section.’’; 

11 (B) in subtitle D— 

12 (i) by amending the subtitle heading 

13 to read as follows: ‘‘U.S. Immigration 

14 and Customs Enforcement’’; and 

15 (ii) by repealing sections 445 and 446 

16 (6 U.S.C. 255 and 256); 

17 (C) in subtitle E— 

18 (i) in subsection (a)(2)(C) of section 

19 451 (6 U.S.C. 271), by striking ‘‘at the 

20 same level as the Assistant Secretary of 

21 the Bureau of Border Security’’ and in22 serting ‘‘in accordance with section 5314 

23 of title 5, United States Code’’; 

24 (ii) in subsection (c) of section 459 (6 

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1 retary of the Bureau of Border Security’’ 

2 and inserting ‘‘Director of U.S. Immigra3 tion and Customs Enforcement’’; and 

4 (iii) in subsection (b)(2)(A) of section 

5 462 (6 U.S.C. 279), in the matter pre6 ceding clause (i), by striking ‘‘Assistant 

7 Secretary of the Bureau of Border Secu8 rity’’ and inserting ‘‘Director of U.S. Im9 migration and Customs Enforcement’’; and 

10 (D) in subtitle F, in subsection (a)(2)(B) 

11 of section 472 (6 U.S.C. 292), by striking ‘‘Bu12 reau of Border Security’’ and inserting ‘‘U.S. 

13 Immigration and Customs Enforcement’’. 

14 (f) CLERICAL AMENDMENTS.—The table of contents 

15 in section 1(b) of such Act is amended— 

16 (1) by striking the item relating to subtitle D 

17 of title IV and inserting the following new item: 

18 ‘‘Subtitle D—U.S. Immigration and 

19 Customs Enforcement’’; 

20 and 

21 (2) by striking the items relating sections 445 

22 and 446. 


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1 SEC. 419. BIOMETRIC IDENTIFICATION TRANSNATIONAL 

2 MIGRATION ALERT PROGRAM. 

3 (a) IN GENERAL.—Subtitle D of title IV of the 

4 Homeland Security Act of 2002 (6 U.S.C. 251 et seq.), 

5 as amended by this title, is further amended by adding 

6 at the end the following new section: 

7 ‘‘SEC. 445. BIOMETRIC IDENTIFICATION TRANSNATIONAL 

8 MIGRATION ALERT PROGRAM. 

9 ‘‘(a) ESTABLISHMENT.—There is established in the 

10 Department a program to be known as the ‘Biometric 

11 Identification Transnational Migration Alert Program’ 

12 (referred to in this section as ‘BITMAP’) to address and 

13 reduce national security, border security, and terrorist 

14 threats before such threats reach the international border 

15 of the United States. 

16 ‘‘(b) DUTIES.—In carrying out BITMAP operations, 

17 the Secretary, acting through the Director of U.S. Immi18 gration and Customs Enforcement, shall— 

19 ‘‘(1) coordinate, in consultation with the Sec20 retary of State, appropriate representatives of for21 eign governments, and the heads of other Federal 

22 agencies, as appropriate, to facilitate the voluntary 

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1 viduals who may pose a terrorist threat or a threat 

2 to national security or border security; 

3 ‘‘(2) provide capabilities, including training and 

4 equipment, to partner countries to voluntarily collect 

5 biometric and biographic identification data from in6 dividuals to identify, prevent, detect, and interdict 

7 high risk individuals identified as national security, 

8 border security, or terrorist threats who may at9 tempt to enter the United States utilizing illicit 

10 pathways; 

11 ‘‘(3) provide capabilities, including training and 

12 equipment, to partner countries to compare foreign 

13 data against appropriate United States national se14 curity, border security, terrorist, immigration, and 

15 counter-terrorism data, including— 

16 ‘‘(A) the Federal Bureau of Investigation’s 

17 Terrorist Screening Database, or successor 

18 database; 

19 ‘‘(B) the Federal Bureau of Investigation’s 

20 Next Generation Identification database, or suc21 cessor database; 

22 ‘‘(C) the Department of Defense Auto23 mated Biometric Identification System (com24 monly known as ‘ABIS’), or successor database; 


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1 ‘‘(D) the Department’s Automated Biomet2 ric Identification System (commonly known as 

3 ‘IDENT’), or successor database; and 

4 ‘‘(E) any other database, notice, or means 

5 that the Secretary, in consultation with the 

6 heads of other Federal departments and agen7 cies responsible for such databases, notices, or 

8 means, designates; 

9 ‘‘(4) provide partner countries with training, 

10 guidance, and best practices recommendations re11 garding the enrollment of individuals in BITMAP; 

12 and 

13 ‘‘(5) ensure biometric and biographic identifica14 tion data collected pursuant to BITMAP are incor15 porated into appropriate United States Government 

16 databases, in compliance with the policies and proce17 dures established by the Privacy Officer appointed 

18 under section 222. 

19 ‘‘(c) COLLABORATION.—The Secretary shall ensure 

20 that BITMAP operations include participation from rel21 evant components of the Department, and request partici22 pation from other Federal agencies, as appropriate. Not23 withstanding any other provision of law, the Secretary 

24 may enter into agreements related to such participation 


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1 on a reimbursable or non-reimbursable basis, as appro2 priate. 

3 ‘‘(d) AGREEMENTS.—Before carrying out BITMAP 

4 operations in a foreign country that, as of the date of the 

5 enactment of this section, was not a partner country de6 scribed in this section, the Secretary, in consultation with 

7 the Secretary of State, shall enter into agreement or ar8 rangement with the government of such country that sets 

9 forth program goals for such country, includes training, 

10 guidance, and best practices recommendations regarding 

11 the enrollment of individuals in BITMAP, and outlines 

12 such operations in such country, including related depart13 mental operations. Such country shall be a partner coun14 try described in this section pursuant to and for purposes 

15 of such agreement or arrangement. 

16 ‘‘(e) NOTIFICATION TO CONGRESS.—Not later than 

17 60 days before an agreement or arrangement with the gov18 ernment of a foreign country to carry out BITMAP oper19 ations in such foreign country enters into force, the Sec20 retary shall provide the Committee on Homeland Security 

21 of the House of Representatives and the Committee on 

22 Homeland Security and Governmental Affairs of the Sen23 ate with a copy of such agreement or arrangement to es24 tablish such operations, including the following: 


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1 ‘‘(1) The identification of the foreign country 

2 with which the Secretary intends to enter into such 

3 an agreement or arrangement. 

4 ‘‘(2) The location at which such operations will 

5 be conducted. 

6 ‘‘(3) Goals for BITMAP operations in the for7 eign country. 

8 ‘‘(4) The terms and conditions for Department 

9 personnel operating at such location. 

10 ‘‘(f) CAPTURED INFORMATION OF UNITED STATES

11 CITIZENS.—The Secretary shall ensure that any biometric 

12 and biographic identification data of United States citi13 zens that is captured by BITMAP operations is expunged 

14 from all databases to which such data was uploaded, un15 less such data is retained for specific law enforcement or 

16 intelligence purposes.’’. 

17 (b) REPORT.—Not later than 180 days after the date 

18 on which the Biometric Identification Transnational Mi19 gration Alert Program (BITMAP) is established under 

20 section 447 of the Homeland Security Act of 2002 (as 

21 added by subsection (a) of this section) and annually 

22 thereafter for the following five years, the Secretary of 

23 Homeland Security shall submit to the Committee on 

24 Homeland Security of the House of Representatives and 


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1 the Committee on Homeland Security and Governmental 

2 Affairs of the Senate a report that— 

3 (1) outlines the strategic goals and operational 

4 plans for BITMAP; 

5 (2) outlines key efforts and the progress made 

6 with each partner country; 

7 (3) provides a description of the agreement or 

8 arrangement with the government of each partner 

9 country, if practicable; 

10 (4) provides budget information related to ex11 penditures in support of BITMAP, including the 

12 source of funding and anticipated expenditures; 

13 (5) sets forth Department of Homeland Secu14 rity personnel, equipment, and infrastructure sup15 port to be used by BITMAP, broken down by coun16 try and number; 

17 (6) includes the number of individuals each 

18 partner country enrolled into BITMAP during the 

19 reporting period, broken down by key categories, as 

20 determined by U.S. Immigration and Customs En21 forcement; 

22 (7) includes the training, guidance, and best 

23 practices recommendations provided pursuant to 

24 subsection (b)(4) of such section 447; 


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1 (8) includes a review of the redress process for 

2 BITMAP; and 

3 (9) details the effectiveness of BITMAP oper4 ations in enhancing national security, border secu5 rity, and counterterrorism operations. 

6 (c) BRIEFINGS.—Not later than 30 days after each 

7 report is submitted pursuant to subsection (b), the Sec8 retary of Homeland Security shall brief the Committee on 

9 Homeland Security and Governmental Affairs of the Sen10 ate and the Committee on Homeland Security of the 

11 House of Representatives regarding— 

12 (1) individuals enrolled in BITMAP who have 

13 been apprehended at the United States border or in 

14 the interior of the United States; and 

15 (2) asylum claims that were submitted by indi16 viduals who are enrolled in BITMAP. 

17 (d) CLERICAL AMENDMENT.—The table of contents 

18 in section 1(b) of the Homeland Security Act of 2002 is 

19 amended by inserting after the item relating to section 

20 444 the following new item: 

‘‘Sec. 445. Biometric Identification Transnational Migration Alert Program.’’. 

21 SEC. 420. REPORTING OF VISA OVERSTAYS. 

22 Section 2 of Public Law 105–173 (8 U.S.C. 1376) 

23 is amended— 

24 (1) in subsection (a)— 


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1 (A) by striking ‘‘Attorney General’’ and in2 serting ‘‘Secretary of Homeland Security’’; and 

3 (B) by inserting before the period at the 

4 end the following: ‘‘, and any additional infor5 mation that the Secretary determines necessary 

6 for purposes of the report under subsection 

7 (b)’’; and 

8 (2) by amending subsection (b) to read as fol9 lows: 

10 ‘‘(b) ANNUAL REPORT.—Not later than September 

11 30, 2021, and not later than September 30 of each year 

12 thereafter, the Secretary of Homeland Security shall sub13 mit to the Committee on Homeland Security and the Com14 mittee on the Judiciary of the House of Representatives 

15 and to the Committee on Homeland Security and Govern16 mental Affairs and the Committee on the Judiciary of the 

17 Senate a report providing, for the preceding fiscal year, 

18 numerical estimates (including information on the meth19 odology utilized to develop such numerical estimates) of 

20 the following: 

21 ‘‘(1) For each country, the number of aliens 

22 from the country who are described in subsection 

23 (a), including the following: 

24 ‘‘(A) The total number of such aliens with25 in all classes of nonimmigrant aliens described 


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1 in section 101(a)(15) of the Immigration and 

2 Nationality Act (8 U.S.C. 1101(a)(15)). 

3 ‘‘(B) The number of such aliens within 

4 each of the classes of nonimmigrant aliens, as 

5 well as the number of such aliens within each 

6 of the subclasses of such classes of non7 immigrant aliens, as applicable. 

8 ‘‘(2) For each country, the percentage of the 

9 total number of aliens from the country who were 

10 present in the United States and were admitted to 

11 the United States as nonimmigrants who are de12 scribed in subsection (a). 

13 ‘‘(3) The number of aliens described in sub14 section (a) who arrived by land at a port of entry 

15 into the United States. 

16 ‘‘(4) The number of aliens described in sub17 section (a) who entered the United States using a 

18 border crossing identification card (as such term is 

19 defined in section 101(a)(6) of the Immigration and 

20 Nationality Act (8 U.S.C. 1101(a)(6))). 

21 ‘‘(5) The number of Canadian nationals who 

22 entered the United States without a visa whose au23 thorized period of stay in the United States termi24 nated during the previous fiscal year, but who re25 mained in the United States.’’. 


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1 SEC. 421. STUDENT AND EXCHANGE VISITOR INFORMATION 

2 SYSTEM VERIFICATION. 

3 Not later than 90 days after the date of the enact4 ment of this Act, the Secretary of Homeland Security shall 

5 ensure that the information collected under the program 

6 established under section 641 of the Illegal Immigration 

7 Reform and Immigrant Responsibility Act of 1996 (8 

8 U.S.C. 1372) is available to officers of U.S. Customs and 

9 Border Protection for the purpose of conducting primary 

10 inspections of aliens seeking admission to the United 

11 States at each port of entry of the United States. 

12 SEC. 422. SOCIAL MEDIA REVIEW OF VISA APPLICANTS. 

13 (a) IN GENERAL.—Subtitle D of title IV of the 

14 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 

15 as amended by this title, is further amended by adding 

16 at the end the following new sections: 

17 ‘‘SEC. 446. SOCIAL MEDIA SCREENING. 

18 ‘‘(a) IN GENERAL.—Not later than 180 days after 

19 the date of the enactment of this section, the Secretary 

20 shall, to the greatest extent practicable, and in a risk 

21 based manner and on an individualized basis, begin re22 viewing the social media accounts of certain visa appli23 cants who are citizens of, or who reside in, high-risk coun24 tries, as determined by the Secretary based on the criteria 

25 described in subsection (b). 


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1 ‘‘(b) HIGH-RISK CRITERIA DESCRIBED.—In deter2 mining whether a country is high-risk pursuant to sub3 section (a), the Secretary, in consultation with the Sec4 retary of State, shall consider the following criteria: 

5 ‘‘(1) The number of nationals of the country 

6 who were identified in United States Government 

7 databases related to the identities of known or sus8 pected terrorists during the previous year. 

9 ‘‘(2) The level of cooperation of the country 

10 with the counter-terrorism efforts of the United 

11 States. 

12 ‘‘(3) The number of counterintelligence, intel13 lectual property theft, and counterproliferation cases 

14 involving nationals of the country. 

15 ‘‘(4) Any other criteria the Secretary deter16 mines appropriate. 

17 ‘‘(c) COLLABORATION.—To carry out the require18 ments of subsection (a), the Secretary may collaborate 

19 with the following: 

20 ‘‘(1) The head of a national laboratory within 

21 the Department’s laboratory network with relevant 

22 expertise. 

23 ‘‘(2) The head of a relevant university-based 

24 center within the Department’s centers of excellence 

25 network. 


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1 ‘‘(3) The heads of other appropriate Federal 

2 agencies. 

3 ‘‘(d) WAIVER.—The Secretary, in collaboration with 

4 the Secretary of State, is authorized to waive the require5 ments of subsection (a) as necessary to comply with inter6 national obligations of the United States. 

7 ‘‘SEC. 447. OPEN SOURCE SCREENING. 

8 ‘‘The Secretary shall, to the greatest extent prac9 ticable, and in a risk based manner, review open source 

10 information of visa applicants.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 in section 1(b) of the Homeland Security Act of 2002, is 

13 amended by inserting after the item relating to section 

14 445, as added by this title, the following new items: 

‘‘Sec. 446. Social media screening. 

‘‘Sec. 447. Open source screening.’’. 

15 SEC. 423. HOMELAND SECURITY INVESTIGATIONS NA16 TIONAL GANG UNIT. 

17 (a) IN GENERAL.—Subtitle D of title IV of the 

18 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 

19 as amended by this title, is further amended by adding 

20 at the end the following new section: 

21 ‘‘SEC. 448. NATIONAL GANG UNIT. 

22 ‘‘(a) ESTABLISHMENT.—There is established within 

23 the Department a program, which shall be known as the 

24 ‘Homeland Security Investigations National Gang Unit’ 


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1 (referred to in this section as ‘National Gang Unit’. The 

2 National Gang Unit shall be headed by an Assistant Di3 rector, who shall be appointed by the Executive Associate 

4 Director of United States Immigration and Customs En5 forcement, Homeland Security Investigations. 

6 ‘‘(b) PURPOSE.—The purpose of the National Gang 

7 Unit shall be to— 

8 ‘‘(1) lead homeland security investigations into 

9 transnational criminal gang activity; and 

10 ‘‘(2) form partnerships with regional stake11 holders to target gangs, suppress violence and pros12 ecute criminal enterprises. 

13 ‘‘(c) TASK FORCES.—The National Gang Unit shall 

14 establish and lead regionally based task force units fo15 cused on combating transnational gang activity. Such task 

16 force units shall incorporate the following: 

17 ‘‘(1) Homeland Security Investigations per18 sonnel. 

19 ‘‘(2) School Resource Officers. 

20 ‘‘(3) State and local law enforcement. 

21 ‘‘(4) Personnel from other relevant agencies or 

22 organizations. 

23 ‘‘(d) INFORMATION SHARING.— 

24 ‘‘(1) PROVIDED TO HOMELAND SECURITY.—Be25 fore placing an unaccompanied alien child with an 


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1 individual, the Secretary of Health and Human 

2 Services shall provide to the Secretary of Homeland 

3 Security any disclosed gang affiliation information 

4 the unaccompanied alien child provided to the De5 partment of Health and Human Services, including 

6 factual information provided by employees and con7 tractors of the Department related to patterns of 

8 violent behavior or suspected gang affiliation while 

9 under their supervision. 

10 ‘‘(2) PROVIDED TO THE NATIONAL GANG

11 UNIT.—The Secretary of Homeland Security shall 

12 share the information provided pursuant to para13 graph (1) with relevant National Gang Unit task 

14 force units. 

15 ‘‘(e) EFFECTIVE DATE.—This section shall apply to 

16 any unaccompanied alien child apprehended on or after 

17 the date of the enactment of this section. 

18 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

19 is authorized to be appropriated $5,000,000 for each of 

20 fiscal years 2021 and 2022 to carry out this section.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents 

22 in section 1(b) of the Homeland Security Act of 2002 is 

23 amended by inserting after the item relating to section 

24 447, as added by this title, the following new item: 

‘‘Sec. 448. National Gang Unit.’’. 


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1 SEC. 424. HOMELAND SECURITY INVESTIGATIONS 

2 TRANSNATIONAL CRIMINAL INVESTIGATIVE 

3 UNITS. 

4 (a) IN GENERAL.—Subtitle D of title IV of the 

5 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 

6 as amended by this title, is further amended by adding 

7 at the end the following new section: 

8 ‘‘SEC. 449. TRANSNATIONAL CRIMINAL INVESTIGATIVE 

9 UNITS. 

10 ‘‘(a) ESTABLISHMENT.—There is established within 

11 the Department a program, which shall be known as the 

12 ‘Homeland Security Investigations Transnational Crimi13 nal Investigative Unit Program’ (referred to in this section 

14 as ‘TCIU Program’). The TCIU Program shall be headed 

15 by an Assistant Director, who shall be appointed by the 

16 Executive Associate Director of U.S. Immigration and 

17 Customs Enforcement, Homeland Security Investigations. 

18 ‘‘(b) PURPOSE.—The purpose of the TCIU Program 

19 shall be to— 

20 ‘‘(1) lead homeland security investigations into 

21 transnational criminal organizations; and 

22 ‘‘(2) enhance cooperation between Homeland 

23 Security Investigations and trusted and vetted for24 eign law enforcement partners in order to identify 

25 targets, collect evidence, share information, and fa26 cilitate the prosecution of transnational criminal orVerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00396 Fmt 6652 Sfmt 6201 E:\BILLS\H8309.IH H8309

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1 ganizations both in-country and through the United 

2 States judicial system. 

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 is authorized to be appropriated, $5,000,000 for each of 

5 fiscal years 2021 and 2022 to carry out this section.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 in section 1(b) of the Homeland Security Act of 2002 is 

8 amended by inserting after the item relating to section 

9 448, as added by this title, the following new item: 

‘‘Sec. 449. Transnational criminal investigative units.’’. 

10 SEC. 425. HOMELAND SECURITY INVESTIGATIONS INNOVA11 TION LAB. 

12 (a) IN GENERAL.—Subtitle D of title IV of the 

13 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 

14 as amended by this title, is further amended by adding 

15 at the end the following new section: 

16 ‘‘SEC. 450. INNOVATION LAB. 

17 ‘‘(a) ESTABLISHMENT.—There is established within 

18 the Department a program, which shall be known as the 

19 ‘Homeland Security Investigations Innovation Lab’ (re20 ferred to in this section as ‘Innovation Lab’. The Innova21 tion Lab shall be headed by an Assistant Director, who 

22 shall be appointed by the Executive Associate Director of 

23 United States Immigration and Customs Enforcement, 

24 Homeland Security Investigations. 


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1 ‘‘(b) PURPOSE.—The purpose of the Innovation Lab 

2 shall be to improve investigative efficiency and mission3 critical outcomes by enhancing and streamlining data 

4 processing, agility, assessment, visualization, and analysis 

5 of homeland security data, using innovative and emerging 

6 technologies and best practices for design principles. Inno7 vation Lab efforts shall be informed by designated field 

8 agents and analysts with relevant experience. 

9 ‘‘(c) CO-LOCATION.—The Secretary of Homeland Se10 curity shall, if practicable, co-locate Innovation Lab per11 sonnel and office space with other existing assets of— 

12 ‘‘(1) the Department of Homeland Security, 

13 where possible; or 

14 ‘‘(2) Federal facilities, where appropriate. 

15 ‘‘(d) COMPOSITION.—The Innovation Lab shall be 

16 comprised of personnel from the following: 

17 ‘‘(1) Homeland Security Investigations of U.S. 

18 Immigration and Customs Enforcement. 

19 ‘‘(2) Other appropriate agencies as determined 

20 by the Secretary. 

21 ‘‘(3) The private sector, including developers 

22 with specializations in innovative and emerging tech23 nology, back end architecture, or user interface de24 sign. 


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1 ‘‘(4) Academic institutions, including members 

2 of the Department of Homeland Security Centers of 

3 Excellence. 

4 ‘‘(e) PRIORITIZATION.—The Innovation Lab shall 

5 prioritize new projects based on communicated investiga6 tive challenges experienced by each Homeland Security In7 vestigations field office. Such communication may be in8 corporated in existing annual threat analyses conducted 

9 by Homeland Security Investigations. 

10 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

11 is authorized to be appropriated $24,700,000 for fiscal 

12 year 2021 and $27,700,000 for fiscal year 2022 to carry 

13 out this section.’’. 

14 (b) CLERICAL AMENDMENT.—The table of contents 

15 in section 1(b) of the Homeland Security Act of 2002 is 

16 amended by inserting after the item relating to section 

17 449, as added by this title, the following new item: 

‘‘Sec. 450. Innovation lab.’’. 

18 SEC. 426. ESTABLISHMENT OF UNITED STATES CITIZEN19 SHIP AND IMMIGRATION SERVICES. 

20 (a) IN GENERAL.—Section 451 of the Homeland Se21 curity Act of 2002 (6 U.S.C. 271) is amended to read 

22 as follows: 


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1 ‘‘SEC. 451. UNITED STATES CITIZENSHIP AND IMMIGRATION 

2 SERVICES. 

3 ‘‘(a) ESTABLISHMENT.—There is established within 

4 the Department an agency to be known as United States 

5 Citizenship and Immigration Services. 

6 ‘‘(b) DIRECTOR OF UNITED STATES CITIZENSHIP

7 AND IMMIGRATION SERVICES.—There shall be at the head 

8 of United States Citizenship and Immigration Services a 

9 Director of United States Citizenship and Immigration 

10 Services (in this section referred to as the ‘Director’). 

11 ‘‘(c) DUTIES AND QUALIFICATIONS.—The Director 

12 shall— 

13 ‘‘(1) have a minimum of five years of manage14 ment experience; 

15 ‘‘(2) establish national immigration services 

16 policies and priorities; 

17 ‘‘(3) meet regularly with the Citizenship and 

18 Immigration Services Ombudsman (established in 

19 section 452) to correct serious problems identified by 

20 such Ombudsman; 

21 ‘‘(4) advise the Secretary with respect to any 

22 policy or operation of United States Citizenship and 

23 Immigration Services that may significantly affect 

24 another component or office of the Department; 

25 ‘‘(5) carry out— 


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1 ‘‘(A) the adjudication of nonimmigrant and 

2 immigrant visa petitions; 

3 ‘‘(B) the adjudication of naturalization ap4 plications; 

5 ‘‘(C) the adjudication of asylum and ref6 ugee applications; 

7 ‘‘(D) adjudications performed at United 

8 States Citizenship and Immigration Services 

9 service centers; and 

10 ‘‘(E) all other adjudications formerly per11 formed pursuant to this section by the Immi12 gration and Naturalization Service, the Bureau 

13 of Citizenship and Immigration Services, or 

14 United States Citizenship and Immigration 

15 Services, as the case may be, on the day before 

16 the date of the enactment of this section; and 

17 ‘‘(6) carry out other duties and powers pre18 scribed by law or delegated by the Secretary. 

19 ‘‘(d) DEPUTY DIRECTOR.—There shall be in United 

20 States Citizenship and Immigration Services a Deputy Di21 rector, who shall assist the Director in the management 

22 of United States Citizenship and Immigration Services. 

23 ‘‘(e) CHIEF COUNSEL.—There shall be in United 

24 States Citizenship and Immigration Services a Chief 

25 Counsel, who shall— 


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1 ‘‘(1) provide specialized legal advice, opinions, 

2 determinations, and any other assistance to the Di3 rector with respect to legal matters affecting United 

4 States Citizenship and Immigration Services; 

5 ‘‘(2) represent United States Citizenship and 

6 Immigration Services in visa petition appeal pro7 ceedings before the Executive Office for Immigration 

8 Review; and 

9 ‘‘(3) carry out other duties and powers pre10 scribed by the Secretary. 

11 ‘‘(f) CHIEF OF POLICY AND STRATEGY.—There shall 

12 be in United States Citizenship and Immigration Services 

13 a Chief of Policy and Strategy, who shall— 

14 ‘‘(1) make policy recommendations and perform 

15 policy research and analysis on immigration services 

16 issues; 

17 ‘‘(2) coordinate immigration policy issues with 

18 other appropriate components and offices of the De19 partment; and 

20 ‘‘(3) carry out other duties and powers pre21 scribed by the Secretary. 

22 ‘‘(g) OFFICE OF CITIZENSHIP.— 

23 ‘‘(1) IN GENERAL.—There is established in 

24 United States Citizenship and Immigration Services 

25 the Office of Citizenship. 


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1 ‘‘(2) CHIEF.—There shall be at the head of the 

2 Office of Citizenship a Chief, who shall report to the 

3 Director. 

4 ‘‘(3) DUTIES.—The Chief of the Office of Citi5 zenship shall— 

6 ‘‘(A) promote instruction and training on 

7 citizenship responsibilities, including the devel8 opment of education materials and develop ini9 tiatives to foster the civic integration of immi10 grants, for aliens interested in becoming natu11 ralized citizens of the United States; and 

12 ‘‘(B) carry out other duties and powers 

13 prescribed by the Director. 

14 ‘‘(h) FRAUD DETECTION AND NATIONAL SECURITY

15 DIRECTORATE.— 

16 ‘‘(1) IN GENERAL.—There is established in 

17 United States Citizenship and Immigration Services 

18 a Fraud Detection and National Security Direc19 torate. 

20 ‘‘(2) ASSOCIATE DIRECTOR.—There shall be at 

21 the head of the Fraud Detection and National Secu22 rity Directorate an Associate Director, who shall re23 port to the Director. 


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1 ‘‘(3) DUTIES.—The Associate Director of the 

2 Fraud Detection and National Security Directorate 

3 shall— 

4 ‘‘(A) ensure immigration benefits are not 

5 granted to individuals who— 

6 ‘‘(i) pose a threat to national security 

7 or public safety; 

8 ‘‘(ii) are known or suspected terror9 ists; or 

10 ‘‘(iii) seek to defraud or have pre11 viously sought to or have defrauded the 

12 immigration system of the United States; 

13 ‘‘(B) conduct security and background in14 vestigations of applicants for immigration bene15 fits and develop systems and techniques for 

16 identifying immigration benefit fraud; 

17 ‘‘(C) conduct targeted site visits in cases in 

18 which fraud is suspected; 

19 ‘‘(D) investigate and refer to U.S. Immi20 gration and Customs Enforcement, where ap21 propriate, incidents of suspected fraud, national 

22 security concerns, or other civil and criminal 

23 violations of immigration laws; and 

24 ‘‘(E) carry out other duties and powers 

25 prescribed by the Director. 


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1 ‘‘(i) FIELD OPERATIONS DIRECTORATE.— 

2 ‘‘(1) IN GENERAL.—There is established in 

3 United States Citizenship and Immigration Services 

4 a Field Operations Directorate. 

5 ‘‘(2) ASSOCIATE DIRECTOR.—There shall be at 

6 the head of the Field Operations Directorate an As7 sociate Director, who shall report to the Director. 

8 ‘‘(3) DUTIES.—The Associate Director of the 

9 Field Operations Directorate shall— 

10 ‘‘(A) oversee the domestic regional offices, 

11 district offices, field offices, and field support 

12 offices of United States Citizenship and Immi13 gration Services; 

14 ‘‘(B) adjudicate applications and petitions 

15 for immigration benefits; 

16 ‘‘(C) interview applicants for immigration 

17 benefits; 

18 ‘‘(D) conduct security and background in19 vestigations of applicants for immigration bene20 fits and develop systems and techniques for 

21 identifying immigration benefit fraud; and 

22 ‘‘(E) carry out other duties and powers 

23 prescribed by the Director. 

24 ‘‘(j) REFUGEE, ASYLUM, AND INTERNATIONAL OP25 ERATIONS DIRECTORATE.— 


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1 ‘‘(1) IN GENERAL.—There is established in 

2 United States Citizenship and Immigration Services 

3 a Refugee, Asylum, and International Operations 

4 Directorate. 

5 ‘‘(2) ASSOCIATE DIRECTOR.—There shall be at 

6 the head of the Refugee, Asylum, and International 

7 Operations Directorate an Associate Director, who 

8 shall report to the Director. 

9 ‘‘(3) DUTIES.—The Associate Director of the 

10 Refugee, Asylum, and International Operations Di11 rectorate shall— 

12 ‘‘(A) adjudicate asylum and refugee appli13 cations; 

14 ‘‘(B) conduct screenings on individuals 

15 seeking to enter the United States and mi16 grants interdicted at sea; 

17 ‘‘(C) adjudicate parole requests from indi18 viduals residing outside the United States for 

19 humanitarian or public benefit reasons; 

20 ‘‘(D) perform other authorized functions of 

21 United States Citizenship and Immigration 

22 Services outside the United States; 

23 ‘‘(E) conduct security and background in24 vestigations of applicants for immigration beneVerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00406 Fmt 6652 Sfmt 6201 E:\BILLS\H8309.IH H8309

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1 fits and develop systems and techniques for 

2 identifying immigration benefit fraud; and 

3 ‘‘(F) carry out other duties and powers 

4 prescribed by the Director. 

5 ‘‘(k) IMMIGRATION RECORD AND IDENTITY SERV6 ICES DIRECTORATE.— 

7 ‘‘(1) IN GENERAL.—There is established in 

8 United States Citizenship and Immigration Services 

9 an Immigration Records and Identity Services Di10 rectorate. 

11 ‘‘(2) ASSOCIATE DIRECTOR.—There shall be at 

12 the head of the Immigration Records and Identity 

13 Services Directorate an Associate Director, who shall 

14 report to the Director. 

15 ‘‘(3) DUTIES.—The Associate Director of the 

16 Immigration Records and Identity Services Direc17 torate shall— 

18 ‘‘(A) collect and disseminate biometric in19 formation to support the integrity of the immi20 gration system; 

21 ‘‘(B) manage the employment verification 

22 system pursuant to 404(a) of the Illegal Immi23 gration Reform and Immigrant Responsibility 

24 Act of 1996 (8 U.S.C. 1324a note), or suc25 cessor provision; 


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1 ‘‘(C) manage the automated system known 

2 as the Systematic Alien Verification for Entitle3 ments, or successor system, to assist Federal, 

4 State, and local benefit issuing agencies to de5 termine the immigration status of benefit appli6 cants; 

7 ‘‘(D) provide appropriate information, in8 cluding immigration status and employment au9 thorization information, to relevant customers 

10 and stakeholders; and 

11 ‘‘(E) carry out other duties and powers 

12 prescribed by the Director. 

13 ‘‘(l) SERVICE CENTER OPERATIONS DIREC14 TORATE.— 

15 ‘‘(1) IN GENERAL.—There is established in 

16 United States Citizenship and Immigration Services 

17 a Service Center Operations Directorate. 

18 ‘‘(2) ASSOCIATE DIRECTOR.—There shall be at 

19 the head of the Service Center Operations Direc20 torate an Associate Director, who shall report to the 

21 Director. 

22 ‘‘(3) DUTIES.—The Associate Director of the 

23 Service Center Operations Directorate shall— 

24 ‘‘(A) oversee the adjudication of employ25 ment-based applications and petitions at United 


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1 States Citizenship and Immigration Services 

2 service centers; 

3 ‘‘(B) conduct security and background in4 vestigations of applicants for immigration bene5 fits and develop systems and techniques for 

6 identifying immigration benefit fraud; 

7 ‘‘(C) manage the employment creation visa 

8 program under section 203(b)(5) of the Immi9 gration and Nationality Act (8 U.S.C. 

10 1153(b)(5)); and 

11 ‘‘(D) carry out other duties and powers 

12 prescribed by the Director. 

13 ‘‘(m) OTHER AUTHORITIES.— 

14 ‘‘(1) IN GENERAL.—The Secretary may estab15 lish such other Associate Directors, or other similar 

16 positions or officials, as the Secretary determines 

17 necessary to carry out the missions, duties, func18 tions, and authorities of United States Citizenship 

19 and Immigration Services. 

20 ‘‘(2) NOTIFICATION.—If the Secretary exercises 

21 the authority provided pursuant to paragraph (1), 

22 the Secretary shall notify the Committee on Home23 land Security and the Committee on the Judiciary of 

24 the House of Representatives and the Committee on 

25 Homeland Security and Governmental Affairs and 


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1 the Committee on the Judiciary of the Senate not 

2 later than 30 days before exercising such author3 ity.’’. 

4 (b) SPECIAL RULES.— 

5 (1) TREATMENT.—Section 451 of the Home6 land Security Act of 2002 (6 U.S.C. 271), as 

7 amended by subsection (a) of this section, shall be 

8 treated as if included in such Act as of the date of 

9 the enactment of such Act. In addition to the func10 tions, missions, duties, and authorities specified in 

11 such amended section 451, United States Citizen12 ship and Immigration Services shall continue to per13 form and carry out the functions, missions, duties, 

14 and authorities under section 451 of such Act as in 

15 existence on the day before such date of enactment 

16 (notwithstanding the treatment described in this 

17 paragraph). 

18 (2) RULES OF CONSTRUCTION.— 

19 (A) RULES AND REGULATIONS.—Notwith20 standing the treatment described in paragraph 

21 (1), nothing in this Act may be construed as af22 fecting in any manner any rule or regulation 

23 issued or promulgated pursuant to any provi24 sion of law, including section 451 of the Home25 land Security Act of 2002 (6 U.S.C. 271), as 


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1 in existence on the day before the date of the 

2 enactment of this Act, and any such rule or 

3 regulation shall continue to have full force and 

4 effect on and after such date. 

5 (B) OTHER ACTIONS.—Notwithstanding 

6 the treatment described in paragraph (1), noth7 ing in this Act may be construed as affecting in 

8 any manner any action, determination, policy, 

9 or decision pursuant to section 451 of the 

10 Homeland Security Act of 2002 (6 U.S.C. 271) 

11 as in existence on the day before the date of the 

12 enactment of this Act, and any such action, de13 termination, policy, or decision shall continue to 

14 have full force and effect on and after such 

15 date. 

16 (c) CONTINUATION IN OFFICE.— 

17 (1) DIRECTOR.—The individual serving as Di18 rector of United States Citizenship and Immigration 

19 Services on the day before the date of the enactment 

20 of this Act may, notwithstanding the treatment pro21 vision under paragraph (1) of subsection (b), con22 tinue to serve as the Director of United States Citi23 zenship and Immigration Services on and after such 

24 date of enactment in accordance with section 451 of 

25 the Homeland Security Act of 2002 (6 U.S.C. 271), 


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1 as amended by subsection (a) of this section, until 

2 the earlier of— 

3 (A) the date on which such individual is no 

4 longer eligible to serve as Director; or 

5 (B) the date on which a person nominated 

6 by the President to be the Director is confirmed 

7 by the Senate in accordance with such amended 

8 section 451. 

9 (2) OTHER POSITIONS.—The individuals serv10 ing as Chiefs, Associate Directors and other officers 

11 and officials under section 451 of the Homeland Se12 curity Act of 2002 (6 U.S.C. 271) on the day before 

13 the date of the enactment of this Act may, notwith14 standing the treatment provision under paragraph 

15 (1) of subsection (b), serve as the appropriate 

16 Chiefs, Assistant Directors and other officers and of17 ficials under such section 451 as amended by sub18 section (a) of this section unless the Director of 

19 United States Citizenship and Immigration Services 

20 determines that another individual should hold such 

21 position. 

22 (d) REFERENCES.— 

23 (1) TITLE 5.—Section 5314 of title 5, United 

24 States Code, is amended by striking ‘‘Director of the 

25 Bureau of Citizenship and Immigration Services’’ 


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1 and inserting ‘‘Director of United States Citizenship 

2 and Immigration Services, Department of Homeland 

3 Security’’. 

4 (2) OTHER REFERENCES.—On and after the 

5 date of the enactment of this Act, any reference in 

6 any other Federal law, Executive order, rule, regula7 tion, or delegation of authority to the ‘‘Director of 

8 the Bureau of Citizenship and Immigration Serv9 ices’’ or the ‘‘Bureau of Citizenship and Immigration 

10 Services’’ shall be deemed to be a reference to the 

11 Director of United States Citizenship and Immigra12 tion Services or United States Citizenship and Immi13 gration Services, respectively. 

14 (e) CLERICAL AMENDMENT.—The table of contents 

15 in section 1(b) of such Act is amended by amending the 

16 item relating to section 451 to read as follows: 

‘‘Sec. 451. United States Citizenship and Immigration Services.’’. 

17 (f) CONFORMING AMENDMENTS.—The Homeland Se18 curity Act of 2002 is amended— 

19 (1) in subparagraph (E) of section 103(a) (6 

20 U.S.C. 113(a)), by striking ‘‘A Director of the Bu21 reau of Citizenship and Immigration Services’’ and 

22 inserting ‘‘A Director of United States Citizenship 

23 and Immigration Services’’; 

24 (2) in section 452 (6 U.S.C. 272)— 


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1 (A) in paragraphs (1), (2), and (3) of sub2 section (b), by striking ‘‘the Bureau of Citizen3 ship and Immigration Services’’ each place it 

4 appears and inserting ‘‘United States Citizen5 ship and Immigration Services’’; 

6 (B) in subsection (c)— 

7 (i) in subparagraphs (A) and (E) of 

8 paragraph (1), by striking ‘‘the Bureau of 

9 Citizenship and Immigration Services’’ 

10 each place it appears and inserting 

11 ‘‘United States Citizenship and Immigra12 tion Services’’; and 

13 (ii) in paragraph (2), by striking ‘‘Di14 rector of the Bureau of Citizenship and 

15 Immigration Services’’ and inserting ‘‘Di16 rector of United States Citizenship and 

17 Immigration Services’’; 

18 (C) in subsection (d)— 

19 (i) in paragraph (2), by striking ‘‘the 

20 Bureau of Citizenship and Immigration 

21 Services’’ and inserting ‘‘United States 

22 Citizenship and Immigration Services’’; 

23 and 

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1 gration Services’’ and inserting ‘‘Director 

2 of United States Citizenship and Immigra3 tion Services’’; 

4 (D) in paragraph (2) of subsection (e), by 

5 striking ‘‘the Bureau of Citizenship and Immi6 gration Services’’ and inserting ‘‘United States 

7 Citizenship and Immigration Services’’; 

8 (E) in subsection (f)— 

9 (i) in the heading, by striking ‘‘BU10 REAU OF CITIZENSHIP AND IMMIGRATION

11 SERVICES’’ and inserting ‘‘UNITED

12 STATES CITIZENSHIP AND IMMIGRATION

13 SERVICES’’; and 

14 (ii) by striking ‘‘Director of the Bu15 reau of Citizenship and Immigration Serv16 ices’’ and inserting ‘‘Director of United 

17 States Citizenship and Immigration Serv18 ices’’; and 

19 (F) in subsection (g)— 

20 (i) in subparagraphs (B) and (D) of 

21 paragraph (1), by striking ‘‘the Bureau of 

22 Citizenship and Immigration Services’’ 

23 each place it appears and inserting 

24 ‘‘United States Citizenship and Immigra25 tion Services’’; and 


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1 (ii) in paragraph (2), by striking ‘‘the 

2 Bureau of Citizenship and Immigration 

3 Services’’ each place it appears and insert4 ing ‘‘United States Citizenship and Immi5 gration Services’’; 

6 (3) in section 453 (6 U.S.C. 273)— 

7 (A) in subsection (a)— 

8 (i) in the matter preceding paragraph 

9 (1), by striking ‘‘Director of the Bureau of 

10 Citizenship and Immigration Services’’ and 

11 inserting ‘‘Director of United States Citi12 zenship and Immigration Services’’; 

13 (ii) in paragraphs (1) and (3), by 

14 striking ‘‘the Bureau of Citizenship and 

15 Immigration Services’’ each place it ap16 pears and inserting ‘‘United States Citi17 zenship and Immigration Services’’; and 

18 (iii) in paragraph (2)— 

19 (I) by striking ‘‘the Bureau of 

20 Citizenship and Immigration Serv21 ices’’ and inserting ‘‘United States 

22 Citizenship and Immigration Serv23 ices’’; and 


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1 (II) by striking ‘‘such bureau’’ 

2 and inserting ‘‘United States Citizen3 ship and Immigration Services’’; and 

4 (B) in subsection (b), in the matter pre5 ceding paragraph (1), by striking ‘‘Bureau of 

6 Citizenship and Immigration Services’’ and in7 serting ‘‘United States Citizenship and Immi8 gration Services’’; 

9 (4) in section 456 (6 U.S.C. 275) by striking 

10 ‘‘Director of the Bureau of Citizenship and Immi11 gration Services’’ each place it appears and inserting 

12 ‘‘Director of United States Citizenship and Immigra13 tion Services’’; 

14 (5) in subparagraph (A) of section 462(b)(2) (6 

15 U.S.C. 279(b)(2)), by striking ‘‘Director of the Bu16 reau of Citizenship and Immigration Services’’ and 

17 inserting ‘‘Director of United States Citizenship and 

18 Immigration Services’’; 

19 (6) in subsections (a), (b), and (d) of section 

20 476 (6 U.S.C. 296), by striking ‘‘the Bureau of Citi21 zenship and Immigration Services’’ each place it ap22 pears and inserting ‘‘United States Citizenship and 

23 Immigration Services’’; and 

24 (7) in section 478 (6 U.S.C. 298)— 

25 (A) by striking subsection (b); 


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1 (B) by striking the following: 

2 ‘‘(a) ANNUAL REPORT.— 

3 ‘‘(1) IN GENERAL.—One year after’’; 

4 (C) by inserting the following: 

5 ‘‘(a) IN GENERAL.—One year after’’; 

6 (D) by striking the following: 

7 ‘‘(2) MATTER INCLUDED.—The report shall’’; 

8 (E) by inserting the following: 

9 ‘‘(b) MATTER INCLUDED.—The report shall’’; 

10 (F) by redesignating subparagraphs (A) 

11 through (H) as paragraphs (1) through (8), re12 spectively; and 

13 (G) by striking ‘‘The Department of Jus14 tice’’ in new paragraph (5) and replacing it 

15 with ‘‘The Department of Homeland Security’’. 

16 (g) REPEALS.— 

17 (1) IN GENERAL.—The following provisions of 

18 the Homeland Security Act of 2002 are repealed: 

19 (A) Section 459 (6 U.S.C. 276). 

20 (B) Section 460 (6 U.S.C. 277). 

21 (C) Section 461 (6 U.S.C. 278). 

22 (D) Section 472 (6 U.S.C. 292). 

23 (E) Section 473 (6 U.S.C. 293). 

24 (F) Section 474 (6 U.S.C. 294). 

25 (G) Section 475 (6 U.S.C. 295). 


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1 (H) Section 477 (6 U.S.C. 297). 

2 (2) CLERICAL AMENDMENTS.—The table of 

3 contents in section 1(b) of the Homeland Security 

4 Act of 2002 is amended by striking the items relat5 ing to the following sections: 

6 (A) Section 459. 

7 (B) Section 460. 

8 (C) Section 461. 

9 (D) Section 472. 

10 (E) Section 473. 

11 (F) Section 474. 

12 (G) Section 475. 

13 (H) Section 477. 

14 (h) EMPLOYEE DISCIPLINE.—Section 454 of the 

15 Homeland Security Act of 2002 (6 U.S.C. 274) is amend16 ed to read as follows: 

17 ‘‘SEC. 454. EMPLOYEE DISCIPLINE. 

18 ‘‘Notwithstanding any other provision of law, the Sec19 retary may impose disciplinary action on any employee of 

20 United States Citizenship and Immigration Services who 

21 knowingly deceives Congress or agency leadership on any 

22 matter.’’. 

23 (i) COMBINATION PROHIBITION.— 


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1 (1) IN GENERAL.—Section 471 of the Home2 land Security Act of 2002 (6 U.S.C. 291) is amend3 ed to read as follows: 

4 ‘‘SEC. 471. COMBINATION PROHIBITION. 

5 ‘‘The authority provided by section 1502 may be used 

6 to reorganize functions or organizational units within U.S. 

7 Immigration and Customs Enforcement or United States 

8 Citizenship and Immigration Services, but may not be 

9 used to combine the two components into a single agency 

10 or otherwise to combine, join, or consolidate functions or 

11 organizational units of the two components with each 

12 other.’’. 

13 (2) CLERICAL AMENDMENT.—The table of con14 tents in section 1(b) of the Homeland Security Act 

15 of 2002 is amended by amending the item relating 

16 to section 471 to read as follows: 

‘‘Sec. 471. Combination prohibition.’’. 

17 SEC. 427. FRAUD PREVENTION. 

18 (a) PROSPECTIVE ANALYTICS TECHNOLOGY.— 

19 (1) PLAN FOR IMPLEMENTATION.—Not later 

20 than 180 days after the date of the enactment of 

21 this Act, the Secretary of Homeland Security shall 

22 develop a plan to digitize the remaining paper bio23 metrics files of past immigration benefits applica24 tions and use advanced analytics software to ensure 

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1 fits applications and petitions and to ensure that 

2 any such applicant or petitioner does not pose a 

3 threat to national security. 

4 (2) IMPLEMENTATION OF PLAN.—Not later 

5 than one year after the date of the submission of the 

6 plan under subsection (1), the Secretary of Home7 land Security shall begin implementation of the plan. 

8 SEC. 428. BORDER SECURITY AND TRADE MODERNIZATION 

9 TRUST FUND. 

10 (a) BORDER SECURITY TRUST FUND.—Subtitle C of 

11 title IV of the Homeland Security Act of 2002, as amend12 ed by this title, is further amended by adding at the end 

13 the following new section: 

14 ‘‘SEC. 438. BORDER SECURITY AND TRADE MODERNIZATION 

15 TRUST FUND. 

16 ‘‘(a) ESTABLISHMENT.—There is hereby established 

17 in the Treasury of the United States a trust fund to be 

18 known as the ‘Border Security and Trade Modernization 

19 Trust Fund’ (in this section referred to as the ‘Fund’). 

20 ‘‘(b) DEPOSITS TO THE FUND.—There shall be de21 posited in the Fund the following: 

22 ‘‘(1) Amounts authorized and appropriated to 

23 that Fund. 

24 ‘‘(2) Surcharges established in subsection (f). 

25 ‘‘(3) Gifts accepted pursuant to subsection (g). 


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1 ‘‘(4) Penalties collected under subchapter II of 

2 chapter 12 of title 8, United States Code. 

3 ‘‘(c) USE OF AMOUNTS IN FUND.— 

4 ‘‘(1) The Secretary may use amounts in the 

5 fund without further appropriation to carry out the 

6 following activities included in the Border Security 

7 Improvement Plan submitted under section 439: 

8 ‘‘(A) Acquisition, construction, and instal9 lation of physical barriers, tactical infrastruc10 ture, cameras, sensors and other technology. 

11 ‘‘(B) Acquisition, construction, renovation, 

12 and improvement of short-term detention facili13 ties used for processing of individuals detained 

14 by U.S. Customs and Border Protection and 

15 long-term detention facilities used for individ16 uals detained by U.S. Immigration and Cus17 toms Enforcement, including facilities to accom18 modate family units. 

19 ‘‘(C) Acquisition, construction, renovation, 

20 and improvement of port of entry facilities. 

21 ‘‘(2) Amounts in the fund shall remain available 

22 until expended. 

23 ‘‘(d) LIMITATION ON EXPENDITURE.— 


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1 ‘‘(1) Amounts deposited in the Fund may not 

2 be used for any activity except those provided for in 

3 this section. 

4 ‘‘(2) The Secretary may not expend amounts 

5 from the Fund in any fiscal year in which the Bor6 der Security Improvement Plan has not been sub7 mitted pursuant to section 439. 

8 ‘‘(e) LIMITATION ON OBLIGATION.—The Secretary 

9 may not incur an obligation under a contract or other 

10 agreement entered into to carry out an activity under this 

11 section in excess of the unobligated balance, at the time 

12 the contract or agreement is entered into, of the Fund 

13 required to be used to satisfy the obligation. 

14 ‘‘(f) BORDER SECURITY SURCHARGE.— 

15 ‘‘(1) IN GENERAL.—Notwithstanding any other 

16 provision of law— 

17 ‘‘(A) the Secretary shall charge a sur18 charge of— 

19 ‘‘(i) $40 on the immigrant user fee es20 tablished under section 286(m) of the Im21 migration and Nationality Act (8 U.S.C. 

22 1356(m)); and 

23 ‘‘(ii) $6 on the land border inspection 

24 fee established under section 286(q) of 

25 such Act (8 U.S.C. 1356(q)); and 


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1 ‘‘(B) the Secretary of State shall charge a 

2 surcharge of $20 on the machine-readable visa 

3 fee established under section 103 of the En4 hanced Border Security and Visa Entry Reform 

5 Act of 2002 (8 U.S.C. 1713). 

6 ‘‘(2) DEPOSIT OF SURCHARGES.—Surcharges 

7 collected under this subsection shall be deposited in 

8 the Fund established under this section. 

9 ‘‘(g) ACCEPTANCE OF DONATIONS.—Notwith10 standing section 3113 of title 31, the Secretary of the 

11 Treasury may accept for the Government a gift of money 

12 for deposit in the Fund. 

13 ‘‘(h) SUNSET.—Amounts may not be deposited in the 

14 Fund and surcharges authorized under subsection (f) may 

15 not be collected on the date that is the sooner of— 

16 ‘‘(1) the date on which the Secretary notifies 

17 the Committee on Homeland Security of the House 

18 of Representatives and the Committee on Homeland 

19 Security and Governmental Affairs of the Senate 

20 that amounts deposited in the Fund exceed 

21 $35,000,000,000; or 

22 ‘‘(2) 15 years after the first date on which 

23 amounts are deposited in the Fund under subsection 

24 (b).’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) of the Homeland Security Act of 2002 is 

3 amended by inserting after the item relating to section 

4 437, as added by this title, the following new item: 

‘‘Sec. 438. Border Security and Trade Modernization Trust Fund.’’. 

5 (c) CONFORMING AMENDMENT.—Notwithstanding 

6 any other provision of law, penalties collected under sub7 chapter II of chapter 12 of title 8, United States Code, 

8 shall be deposited in the Border Security and Trade Mod9 ernization Trust Fund established under section 438 of 

10 the Homeland Security Act of 2002, as added by this sec11 tion. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Border Security 

14 and Trade Modernization Trust Fund established under 

15 section 438 of the Homeland Security Act of 2002, as 

16 added by this section, $4,500,000,000 for each of fiscal 

17 years 2021 and 2022. 

18 SEC. 429. BORDER SECURITY IMPROVEMENT PLAN. 

19 (a) IN GENERAL.—Subtitle C of title IV of the 

20 Homeland Security Act of 2002, as amended by this title, 

21 is further amended by adding at the end the following: 

22 ‘‘SEC. 439. BORDER SECURITY IMPROVEMENT PLAN. 

23 ‘‘(a) IN GENERAL.—On the date the President sub24 mits to Congress a budget pursuant to section 1105 of 

25 title 31, United States Code, the Secretary of Homeland 


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1 Security shall submit to the Committee on Homeland Se2 curity of the House of Representatives, the Committee on 

3 Homeland Security and Governmental Affairs of the Sen4 ate, and the Comptroller General of the United States a 

5 risk-based plan for improving security along the land bor6 ders of the United States. 

7 ‘‘(b) TOPICS.—The plan required under subsection 

8 (a) shall include a needs assessment and prioritization of 

9 projects regarding the following: 

10 ‘‘(1) Physical barriers, fencing, and tactical in11 frastructure. 

12 ‘‘(2) Border Patrol mission-related technology 

13 including cameras, sensors, anti-tunnel detection, 

14 persistent surveillance and mobile and relocatable 

15 technologies. 

16 ‘‘(3) Border Patrol access to the border includ17 ing patrol roads and lighting. 

18 ‘‘(4) Office of Field Operations mission-related 

19 port of entry technology including non-intrusive in20 spection systems. 

21 ‘‘(5) Office of Field Operations port of entry 

22 and facility modernization. 

23 ‘‘(6) Border Patrol interior checkpoint and fa24 cility modernization. 


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1 ‘‘(7) Customs and Border Protection short-term 

2 detention capacity. 

3 ‘‘(8) Immigration and Customs Enforcement 

4 long-term detention facility capacity. 

5 ‘‘(c) ELEMENTS.—The plan required under sub6 section (a) shall include the following elements: 

7 ‘‘(1) A statement of goals, objectives, activities, 

8 and milestones for the plan. 

9 ‘‘(2) A detailed implementation schedule for the 

10 plan, including estimates for the planned obligation 

11 of funds for the following five fiscal years that are 

12 linked to the milestone-based delivery of specific— 

13 ‘‘(A) capabilities and services; 

14 ‘‘(B) mission benefits and outcomes; 

15 ‘‘(C) program management capabilities; 

16 and 

17 ‘‘(D) life cycle cost estimates. 

18 ‘‘(3) A description of the manner in which spe19 cific projects under the plan will enhance border se20 curity goals and objectives and address the highest 

21 priority border security needs. 

22 ‘‘(4) An identification of the planned locations, 

23 quantities, and types of projects considered under 

24 the plan. 


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1 ‘‘(5) A description of the methodology and anal2 yses used to inform the assessment conducted pursu3 ant to subparagraph (b) for deployment to particular 

4 locations under the plan that includes the following: 

5 ‘‘(A) Analyses of alternatives, where appro6 priate, including comparative costs and benefits. 

7 ‘‘(B) An assessment of effects on relevant 

8 government and non-government stakeholders. 

9 ‘‘(C) A description of other factors critical 

10 to the decision-making process. 

11 ‘‘(6) An identification of staffing requirements 

12 under the plan, including full-time equivalents, con13 tractors, and detailed personnel, disaggregated by 

14 activity. 

15 ‘‘(7) A description of performance metrics for 

16 the plan for assessing and reporting on the contribu17 tions of border security capabilities realized from 

18 current and future investments. 

19 ‘‘(8) A migrant surge response plan to improve 

20 the Department of Homeland Security response rate 

21 to future crises. 

22 ‘‘(9) A description of the status of the actions 

23 of the Department of Homeland Security to address 

24 open recommendations by the Office of the Inspector 

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1 countability Office relating to border security, in2 cluding plans, schedules, and associated milestones 

3 for fully addressing such recommendations. 

4 ‘‘(10) A plan to consult State and local elected 

5 officials on the eminent domain and construction 

6 process relating to physical barriers (except that 

7 such requirement may be satisfied through the sub8 mission of existing plans). 

9 ‘‘(11) Certifications by the Under Secretary for 

10 Management of the Department of Homeland Secu11 rity that— 

12 ‘‘(A) the plan has been reviewed and ap13 proved in accordance with an acquisition review 

14 management process that complies with capital 

15 planning and investment control and review re16 quirements established by the Office of Manage17 ment and Budget, including as provided in Cir18 cular A–11, part 7; and 

19 ‘‘(B) all activities under the plan comply 

20 with Federal acquisition rules, requirements, 

21 guidelines, and practices. 

22 ‘‘(d) GAO EVALUATION.—Not later than 120 days 

23 after receipt of the plan required under subsection (a) by 

24 the Comptroller General of the United States, the Comp25 troller General shall evaluate the plan and report to the 


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1 Committee on Homeland Security of the House of Rep2 resentatives and the Committee on Homeland Security 

3 and Governmental Affairs of the Senate on any concerns 

4 or recommendations for improvement, as the Comptroller 

5 General determines appropriate.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 in section 1(b) of the Homeland Security Act of 2002 is 

8 amended by inserting after the item relating to section 

9 438, as added by this title, the following new item: 

‘‘Sec. 439. Border security improvement plan.’’. 

10 SEC. 430. INTEGRATED BORDER ENFORCEMENT TEAMS. 

11 (a) IN GENERAL.—Subtitle C of title IV of the 

12 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 

13 as amended by this title, is further amended by adding 

14 at the end the following new section: 

15 ‘‘SEC. 440. INTEGRATED BORDER ENFORCEMENT TEAMS. 

16 ‘‘(a) ESTABLISHMENT.—There is established within 

17 the Department a program to be known as the Integrated 

18 Border Enforcement Team program (referred to in this 

19 section as ‘IBET’). 

20 ‘‘(b) PURPOSE.—The purpose of IBET is to enhance 

21 border security in a manner that results in a cooperative 

22 approach between the United States and Canada to— 

23 ‘‘(1) strengthen security between designated 

24 ports of entry; 


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1 ‘‘(2) detect, investigate, prevent, and respond to 

2 terrorism, transnational criminal organizations, and 

3 other violations of law related to border security; 

4 ‘‘(3) facilitate collaboration among components 

5 and offices within the Department and international 

6 partners; 

7 ‘‘(4) execute coordinated activities in further8 ance of border security and homeland security; and 

9 ‘‘(5) enhance information-sharing, including the 

10 dissemination of homeland security information 

11 among such components and offices. 

12 ‘‘(c) COMPOSITION AND ESTABLISHMENT OF

13 UNITS.— 

14 ‘‘(1) COMPOSITION.—IBET units may be com15 prised of personnel from the following: 

16 ‘‘(A) U.S. Customs and Border Protection. 

17 ‘‘(B) U.S. Immigration and Customs En18 forcement, led by Homeland Security Investiga19 tions. 

20 ‘‘(C) Other Department personnel, as ap21 propriate. 

22 ‘‘(D) Other Federal, State, local, Tribal, 

23 and foreign law enforcement agencies, as appro24 priate. 


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1 ‘‘(E) Other appropriate personnel at the 

2 discretion of the Secretary. 

3 ‘‘(2) ESTABLISHMENT OF UNITS.—The Sec4 retary is authorized to establish IBET units in re5 gions in which such units can contribute to IBET 

6 missions, as appropriate. When establishing an 

7 IBET unit, the Secretary shall apply risk-based cri8 teria that takes into consideration the following: 

9 ‘‘(A) Whether the region in which the 

10 IBET unit would be established is significantly 

11 impacted by cross-border threats, including 

12 threats posed by transnational criminal organi13 zations and terrorist groups. 

14 ‘‘(B) The availability of Federal, State, 

15 local, Tribal, and foreign law enforcement re16 sources to participate in the IBET unit. 

17 ‘‘(C) Whether, in accordance with para18 graph (3), other joint cross-border initiatives al19 ready take place within the region in which the 

20 IBET unit would be established. 

21 ‘‘(3) DUPLICATION OF EFFORTS.—In deter22 mining whether to establish a new IBET unit or to 

23 expand an existing IBET unit in a given region, the 

24 Secretary shall ensure that the IBET unit under 

25 consideration does not duplicate the efforts of other 


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1 existing interagency task forces or centers within 

2 such region, including the Border Enforcement Se3 curity Task Force established under section 443. 

4 ‘‘(d) OPERATION.—After determining the regions in 

5 which to establish IBET units under subsection (c)(2), the 

6 Secretary may— 

7 ‘‘(1) direct the assignment of Federal personnel 

8 to such IBET units; 

9 ‘‘(2) take other actions to assist Federal, State, 

10 local, and Tribal entities to participate in such 

11 IBET units, including providing financial assistance, 

12 as appropriate, for operational, administrative, and 

13 technological costs associated with such participa14 tion; 

15 ‘‘(3) direct the development of policy and guid16 ance necessary to identify, assess, and integrate the 

17 available partner resources in relevant border sector 

18 security assessments and resource planning docu19 ments; 

20 ‘‘(4) establish targets and performance meas21 ures for such IBET units; and 

22 ‘‘(5) direct leadership of such IBET units to 

23 monitor progress on such targets and performance 

24 measures. 


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1 ‘‘(e) COORDINATION.—The Secretary shall coordinate 

2 IBET activities with other similar border security and 

3 antiterrorism programs within the Department in accord4 ance with the strategic objectives of the Cross-Border Law 

5 Enforcement Advisory Committee. 

6 ‘‘(f) MEMORANDA OF UNDERSTANDING.—The Sec7 retary may enter into memoranda of understanding with 

8 appropriate representatives of the entities specified in sub9 section (c)(1) as necessary to carry out this section. Such 

10 memoranda with entities specified in subsection (c)(1)(G) 

11 shall be entered into with the concurrence of the Secretary 

12 of State. 

13 ‘‘(g) REPORT.—Not later than 180 days after the 

14 date on which IBET is established and biannually there15 after for the following six years, the Secretary shall submit 

16 to the Committee on Homeland Security of the House of 

17 Representatives and the Committee on Homeland Security 

18 and Governmental Affairs of the Senate a report that— 

19 ‘‘(1) describes the effectiveness of IBET units 

20 in fulfilling the purposes specified in subsection (b); 

21 ‘‘(2) identifies challenges on the sustainment of 

22 cross-border IBET operations, including challenges 

23 faced by international partners, and planned correc24 tive actions; 


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1 ‘‘(3) identifies costs associated with IBET units 

2 broken down by relevant categories designated at the 

3 Secretary’s discretion; 

4 ‘‘(4) identifies ways to support joint training 

5 for IBET stakeholder agencies and radio interoper6 ability to allow for secure cross-border radio commu7 nications; and 

8 ‘‘(5) identifies and assesses ways IBET, Border 

9 Tunnel Task Forces, Border Enforcement Security 

10 Task Forces, and the Integrated Cross-Border Mari11 time Law Enforcement Operation Program can bet12 ter align operations, including interdiction and inves13 tigation activities.’’. 

14 (b) CLERICAL AMENDMENT.—The table of contents 

15 in section 1(b) of the Homeland Security Act of 2002 is 

16 amended by inserting after the item relating to section 

17 439, as added by this title, the following new item: 

‘‘Sec. 440. Integrated Border Enforcement Teams.’’. 

18 SEC. 431. NO BAN ON INFORMATION SHARING. 

19 (a) IN GENERAL.—Subtitle C of title IV of the 

20 Homeland Security Act of 2002, as amended by this title, 

21 is further amended by adding at the end the following new 

22 section: 

23 ‘‘SEC. 440A. ACCESS TO STATE, LOCAL, TRIBAL, AND TERRI24 TORIAL INFORMATION. 

25 ‘‘(a) AUTHORIZATION OF USE.— 


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1 ‘‘(1) IN GENERAL.—In the course of an inves2 tigation concerning a Federal crime within the juris3 diction of the Department, the Secretary may issue 

4 in writing and cause to be served a subpoena requir5 ing the production of any biographical records, 

6 State-issued identification information, driving 

7 record information, vehicle registration information, 

8 or criminal history information of a specific indi9 vidual from a State, local, Tribal, or territorial agen10 cy or department that the Secretary determines rel11 evant to such investigation, or requiring testimony 

12 by the custodian of such materials to be produced 

13 concerning the production and authenticity of such 

14 materials. 

15 ‘‘(2) CONTENTS.—A subpoena issued under 

16 paragraph (1) shall describe the information de17 scribed in such paragraph required to be produced 

18 and prescribe a return date within a reasonable pe19 riod of time within which such information can be 

20 assembled and made available. 

21 ‘‘(3) PRODUCTION OF RECORDS.—The produc22 tion of information under paragraph (1) may be re23 quired from any State, local, Tribal, or territorial 

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1 tory or other place subject to the jurisdiction of the 

2 United States at any designated place of hearing. 

3 ‘‘(b) SERVICE.— 

4 ‘‘(1) IN GENERAL.—A subpoena issued under 

5 this section may be served by any person designated 

6 in the subpoena as the agent of service. 

7 ‘‘(2) SERVICE OF SUBPOENA.— 

8 ‘‘(A) STATE, LOCAL, TRIBAL, OR TERRI9 TORIAL AGENCIES AND DEPARTMENTS.—Serv10 ice of a subpoena may be made upon a State, 

11 local, Tribal, or territorial agency or depart12 ment, by delivering the subpoena to an officer, 

13 to a managing or general agent, or to any other 

14 agent authorized by appointment or by law to 

15 receive service of process. 

16 ‘‘(B) PROOF OF SERVICE.—The affidavit 

17 of the person serving the subpoena entered by 

18 that person on a true copy thereof shall be suf19 ficient proof of service. 

20 ‘‘(c) ENFORCEMENT.— 

21 ‘‘(1) IN GENERAL.—In the case of the contu22 macy by, or refusal to obey a subpoena issued to, 

23 any State, local, Tribal, or territorial agency or de24 partment, the Secretary, in coordination with the 

25 Attorney General, may invoke the aid of any court 


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1 of the United States within the jurisdiction of which 

2 the investigation described in subsection (a) is being 

3 conducted or within the jurisdiction that the subject 

4 of such investigation is located, to compel compli5 ance with such subpoena. 

6 ‘‘(2) ORDER.—A court of the United States de7 scribed in paragraph (1) may issue an order requir8 ing the subpoenaed State agency or department, in 

9 accordance with such subpoena, to appear, to 

10 produce records, or to give testimony relating to the 

11 matter under investigation. Any failure to obey the 

12 order of the court may be punished by the court as 

13 contempt thereof. 

14 ‘‘(3) SERVICE OF PROCESS.—Any process under 

15 this subsection may be served in any judicial district 

16 in which the State, local, Tribal, or territorial agen17 cy or department may be found. 

18 ‘‘(d) NONDISCLOSURE REQUIREMENT.— 

19 ‘‘(1) IN GENERAL.—If the Secretary certifies 

20 that otherwise there may result a danger to the na21 tional security of the United States, no person may 

22 disclose to any other person that a subpoena was re23 ceived or information was provided pursuant to this 

24 section, other than to— 


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1 ‘‘(A) those persons to whom such disclo2 sure is necessary in order to comply with such 

3 subpoena; 

4 ‘‘(B) an attorney to obtain legal advice 

5 with respect to testimony or the production of 

6 information in response to such subpoena; or 

7 ‘‘(C) other persons as permitted by the 

8 Secretary. 

9 ‘‘(2) NOTICE OF NONDISCLOSURE REQUIRE10 MENT.—The subpoena, or an officer, employee, or 

11 agency of the United States in writing, shall notify 

12 the State, local, Tribal, or territorial agency or de13 partment to whom such subpoena is directed of the 

14 nondisclosure requirements under paragraph (1). 

15 ‘‘(3) FURTHER APPLICABILITY OF NONDISCLO16 SURE REQUIREMENTS.—Any person who receives a 

17 disclosure under this subsection shall be subject to 

18 the same prohibitions on disclosure described in 

19 paragraph (1). 

20 ‘‘(4) ENFORCEMENT OF NONDISCLOSURE RE21 QUIREMENT.—Whoever knowingly violates para22 graph (1) or (3) shall be imprisoned for not more 

23 than one year, and if such violation is committed 

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1 cial proceeding, shall be imprisoned for not more 

2 than five years. 

3 ‘‘(5) TERMINATION OF NONDISCLOSURE RE4 QUIREMENT.—If the Secretary determines that a 

5 nondisclosure requirement no longer is justified by a 

6 danger to the national security of the United States, 

7 an officer, employee, or agency of the United States 

8 shall notify the relevant State, local, Tribal, or terri9 torial agency or department that the prohibition of 

10 disclosure is no longer applicable. 

11 ‘‘(e) JUDICIAL REVIEW.— 

12 ‘‘(1) IN GENERAL.—At any time before the re13 turn date specified in a subpoena issued under this 

14 section, the State, local, Tribal, or territorial agency 

15 or department summoned may, in the United States 

16 district court for the district in which such State, 

17 local, Tribal, or territorial agency or department 

18 does business or resides, petition for an order modi19 fying or setting aside such subpoena. 

20 ‘‘(2) MODIFICATION OF NONDISCLOSURE RE21 QUIREMENT.—Any court described in paragraph (1) 

22 may modify or set aside a nondisclosure requirement 

23 imposed under subsection (d) at the request of a 

24 State, local, Tribal, or territorial agency or depart25 ment to whom a subpoena has been directed, unless 


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1 there is reason to believe that such nondisclosure re2 quirement is justified because otherwise there may 

3 result a danger to the national security of the 

4 United States. 

5 ‘‘(3) REVIEW OF GOVERNMENT SUBMISSIONS.— 

6 In all proceedings under this subsection, the court 

7 shall review the submission of the Federal Govern8 ment, which may include classified information, ex 

9 parte and in camera. 

10 ‘‘(f) IMMUNITY FROM CIVIL LIABILITY.—Any State, 

11 local, Tribal, or territorial agency or department, includ12 ing officers, agents, and employees of a non-natural per13 son, who in good faith produce the information requested 

14 in a subpoena, shall not be liable in any court of the 

15 United States to any customer or other person for such 

16 production, or for nondisclosure of such production to the 

17 customer or other person. 

18 ‘‘(g) GUIDELINES.—The Secretary shall, by rule, es19 tablish such guidelines as are necessary to ensure the ef20 fective implementation of this section. 

21 ‘‘(h) ANNUAL REPORTS.—The Secretary shall annu22 ally submit to the Committee on Homeland Security of 

23 the House of Representatives and the Committee on 

24 Homeland Security and Governmental Affairs of the Sen25 ate a report (which may include a classified annex but 


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1 with the presumption of declassification) on the use of 

2 subpoenas under this subsection by the Secretary, which 

3 shall include a discussion of— 

4 ‘‘(1) the number of and reason for the sub5 poenas issued under this section by the Secretary 

6 during the preceding year; and 

7 ‘‘(2) a description of the outcome of each such 

8 subpoena.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 in section 1(b) of the Homeland Security Act of 2002 is 

11 amended by inserting after the item relating to section 

12 440, as added by this title, the following new item: 

‘‘Sec. 440A. Access to State, local, Tribal, and territorial information.’’. 

13 SEC. 432. BORDER SECURITY ADVISORY COMMITTEE. 

14 (a) ESTABLISHMENT.—The Secretary of Homeland 

15 Security shall establish a Border Security Advisory Com16 mittee (referred to in this section as the ‘‘Advisory Com17 mittee’’). 

18 (b) DUTIES.— 

19 (1) IN GENERAL.—The Secretary of Homeland 

20 Security shall consult the Advisory Committee, as 

21 appropriate, on border security matters, including 

22 the following: 

23 (A) Verifying security claims and the bor24 der security metrics established by the Depart25 ment of Homeland Security under section 1092 


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1 of the National Defense Authorization Act for 

2 Fiscal Year 2017 (Public Law 114–328; 6 

3 U.S.C. 223). 

4 (B) Developing, refining, and imple5 menting policies, programs, initiatives, 

6 rulemakings, and security directives pertaining 

7 to border security. 

8 (2) RECOMMENDATIONS.—The Advisory Com9 mittee shall develop, at the request of the Secretary 

10 of Homeland Security, recommendations for im11 provements to border security and may provide, 

12 through the Secretary, recommendations to Con13 gress. 

14 (c) MEMBERSHIP.— 

15 (1) COMPOSITION.—The Advisory Committee 

16 shall be composed of the following: 

17 (A) Voting members appointed by the Sec18 retary. 

19 (B) Nonvoting members, serving in an ad20 visory capacity, who shall be designated by— 

21 (i) Customs and Border Protection; 

22 (ii) Immigration and Customs En23 forcement; 

24 (iii) the Coast Guard; and 


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1 (iv) such other Federal department or 

2 agency as the Secretary considers appro3 priate. 

4 (2) APPOINTMENT.—The Secretary of Home5 land Security shall appoint voting members from 

6 among stakeholders including representatives from 

7 the following: 

8 (A) Labor organizations representing Fed9 eral law enforcement personnel with border se10 curity as their primary mission. 

11 (B) Relevant Federal, State, local, and 

12 Tribal law enforcement, first responders, and 

13 security experts with at least five years of bor14 der security operations or research experience 

15 in a state that borders the northern, southern, 

16 or coastal borders of the United States. 

17 (C) Former officials of the Department of 

18 Homeland Security with experience in border 

19 security. 

20 (D) Other groups as the Secretary con21 siders appropriate. 

22 (3) CHAIRPERSON.—The Advisory Committee 

23 shall select a chairperson from among its voting 

24 members. 

25 (4) TERM OF OFFICE.— 


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1 (A) IN GENERAL.—The term of each vot2 ing member of the Advisory Committee shall be 

3 2 years, but a voting member may continue to 

4 serve until the Secretary of Homeland Security 

5 appoints a successor. 

6 (B) REAPPOINTMENT.—A voting member 

7 of the Advisory Committee may be reappointed. 

8 (C) REMOVAL.—The Secretary of Home9 land Security may review the participation of a 

10 member of the Advisory Committee and remove 

11 such member for cause at any time. 

12 (d) NONAPPLICABILITY OF FEDERAL ADVISORY

13 COMMITTEE ACT.—The Federal Advisory Committee Act 

14 (5 U.S.C. App.) shall not apply to the Border Security 

15 Advisory Committee. 

16 SEC. 433. BORDER TUNNEL DETECTION. 

17 (a) IN GENERAL.—Subtitle B of title IV of the 

18 Homeland Security Act of 2002 (6 U.S.C. 211 et seq.), 

19 as amended by this title, is further amended by adding 

20 at the end the following new section: 

21 ‘‘SEC. 420C. BORDER TUNNEL TASK FORCES. 

22 ‘‘(a) ESTABLISHMENT.—There is established within 

23 the Department a program to be known as the Border 

24 Tunnel Task Force program (referred to in this section 

25 as ‘BTTF’). 


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1 ‘‘(b) PURPOSE.—The purpose of BTTF established 

2 pursuant to subsection (a) is to enhance and integrate bor3 der security efforts by identifying, reducing, and remedi4 ating cross-border tunnel related threats by— 

5 ‘‘(1) facilitating collaboration among Federal, 

6 State, local, and Tribal law enforcement agencies to 

7 execute coordinated activities; and 

8 ‘‘(2) enhancing information-sharing, including 

9 the dissemination of homeland security information, 

10 among such agencies. 

11 ‘‘(c) COMPOSITION AND ESTABLISHMENT OF BOR12 DER TUNNEL TASK FORCE UNITS.— 

13 ‘‘(1) COMPOSITION.—BTTF units may be com14 prised of personnel from the following: 

15 ‘‘(A) U.S. Customs and Border Protection, 

16 led by the U.S. Border Patrol. 

17 ‘‘(B) U.S. Immigration and Customs En18 forcement, led by Homeland Security Investiga19 tions. 

20 ‘‘(C) Other Department components and 

21 offices, as appropriate. 

22 ‘‘(D) Other Federal, State, local, Tribal, 

23 and foreign law enforcement agencies, as appro24 priate. 


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1 ‘‘(E) Other appropriate personnel at the 

2 discretion of the Secretary. 

3 ‘‘(2) ESTABLISHMENT OF UNITS.—The Sec4 retary is authorized to establish BTTF units in re5 gions in which the Secretary determines such units 

6 can contribute to the Department’s border security 

7 efforts to identify, reduce, and remediate cross-bor8 der tunnel threats. When establishing a BTTF unit, 

9 the Secretary shall apply risk-based criteria that 

10 takes into consideration the following: 

11 ‘‘(A) Whether the areas in which such 

12 BTTF units would be established are signifi13 cantly impacted by cross-border tunnel threats. 

14 ‘‘(B) The availability of Federal, State, 

15 local, and Tribal law enforcement resources to 

16 participate in such BTTF units. 

17 ‘‘(C) Whether other similar joint cross-bor18 der tunnel detection initiatives already take 

19 place within the region in which the BTTF unit 

20 would be established. 

21 ‘‘(d) DUPLICATION OF EFFORTS.—In determining 

22 whether to establish a new BTTF unit or to expand an 

23 existing BTTF unit in a given region, the Secretary shall 

24 ensure that the BTTF unit under consideration does not 


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1 unnecessarily duplicate the efforts of other existing inter2 agency task forces or centers within such jurisdiction. 

3 ‘‘(e) OPERATION.—After determining the regions in 

4 which to establish BTTF units under subsection (c)(2), 

5 the Secretary may— 

6 ‘‘(1) direct the assignment of Federal personnel 

7 to such BTTF units; 

8 ‘‘(2) take other actions to assist Federal, State, 

9 local, and Tribal entities to participate in such 

10 BTTF units, including providing financial assist11 ance, as appropriate, for operational, administrative, 

12 and technological costs associated with such partici13 pation; 

14 ‘‘(3) direct the development of policy and guid15 ance necessary to identify, assess, and integrate the 

16 available partner resources in relevant border sector 

17 security assessments and resource planning docu18 ments; 

19 ‘‘(4) establish standard operating procedures, 

20 targets, and performance measures for BTTF units; 

21 and 

22 ‘‘(5) direct leadership of each BTTF unit to 

23 monitor progress on such targets and performance 

24 measures for each such unit. 


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1 ‘‘(f) COORDINATION.—The Secretary shall coordinate 

2 BTTF activities with other similar border security and 

3 antiterrorism programs within the Department that han4 dle matters relating to cross-border tunnel threat detec5 tion. 

6 ‘‘(g) AUTHORIZATION OF TUNNEL REMEDIATION AC7 CESS.—Notwithstanding any other provision of law, U.S. 

8 Customs and Border Protection shall have immediate ac9 cess to Federal land for the remediation of tunnels used 

10 to facilitate illicit cross-border activities across the inter11 national borders of the United States. 

12 ‘‘(h) REPORT.—Not later than 180 days after the 

13 date on which BTTF is established and biannually there14 after for the following six years, the Secretary shall submit 

15 to the Committee on Homeland Security of the House of 

16 Representatives and the Committee on Homeland Security 

17 and Governmental Affairs of the Senate a report that— 

18 ‘‘(1) describes the effectiveness of BTTF in ful19 filling the purposes specified in subsection (b); 

20 ‘‘(2) identifies challenges to the sustainment of 

21 cross-border BTTF operations and planned correc22 tive actions; 

23 ‘‘(3) identifies costs associated with BTTF 

24 units broken down by relevant categories designated 

25 at the Secretary’s discretion; 


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1 ‘‘(4) identifies ways to support joint training 

2 for BTTF stakeholder agencies; 

3 ‘‘(5) identifies and assesses ways BTTF, IBET, 

4 and Border Enforcement Security Task Forces can 

5 better align operations, including interdiction and in6 vestigation activities; and 

7 ‘‘(6) identifies gaps in BTTF technological ca8 pability to detect cross-border tunnel threats.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 in section 1(b) of the Homeland Security Act of 2002 is 

11 amended by inserting after the item relating to section 

12 420B, as added by this title, the following new item: 

‘‘Sec. 420C. Border Tunnel Task Forces.’’. 

13 SEC. 434. SUBTERRANEAN OPERATIONS. 

14 (a) IN GENERAL.—Subtitle B of title IV of the 

15 Homeland Security Act of 2002 (6 U.S.C. 211 et seq.), 

16 as amended by this title, is further amended by adding 

17 at the end the following new section: 

18 ‘‘SEC. 420D. NATIONAL SUBTERRANEAN OPERATIONS PRO19 GRAM. 

20 ‘‘(a) ESTABLISHMENT.—There is established within 

21 U.S. Customs and Border Protection a program to known 

22 as the ‘National Subterranean Operations Program’ (re23 ferred to in this section as ‘the program’). The program 

24 shall be headed by an Assistant Chief, who shall be ap25 pointed by the Chief of the U.S. Border Patrol. 


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1 ‘‘(b) PURPOSE.—The purpose of the program is the 

2 following: 

3 ‘‘(1) To apply risk-based criteria to interdict 

4 and remediate illicit cross-border tunnels identified 

5 by technology, intelligence leads, agency partners, 

6 and relevant Federal entities as determined by the 

7 Assistant Chief. 

8 ‘‘(2) To patrol and secure underground munic9 ipal infrastructure. 

10 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

11 is authorized to be appropriated $4,000,000 for each of 

12 fiscal years 2021 and 2022 to carry out this section.’’. 

13 (b) COUNTER TUNNEL OPERATIONS STRATEGIC

14 PLAN.— 

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of the enactment of this Act, the As17 sistant Chief of the National Subterranean Oper18 ations Program of U.S. Customs and Border Protec19 tion (established pursuant to section 420 of the 

20 Homeland Security Act of 2002 (as added by sub21 section (a))) shall establish the following: 

22 (A) Risk-based criteria to be used to 

23 prioritize the interdiction and remediation of il24 licit cross-border tunnels identified by tech25 nology, intelligence leads, agency partners, and 


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1 other relevant Federal entities as determined by 

2 the Assistant Chief. 

3 (B) Best practices for interdicting and re4 mediating illicit cross-border tunnels. 

5 (C) Processes, in coordination with Home6 land Security Investigations and relevant Fed7 eral entities as determined by the Assistant 

8 Chief, to request and share relevant illicit cross9 border tunnel location, operations, and technical 

10 information. 

11 (D) Indicators of specific types of illicit 

12 cross-border tunnels found in each U.S. Border 

13 Patrol sector to be periodically disseminated to 

14 U.S. Border Patrol sector chiefs to educate 

15 field personnel. 

16 (E) A counter illicit cross-border tunnel 

17 operations resource needs assessment that in18 cludes consideration of the following: 

19 (i) Technology needs for conducting 

20 counter illicit cross-border tunnel oper21 ations. 

22 (ii) Staffing needs, including the fol23 lowing: 


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1 (I) A position description for 

2 U.S. Border Patrol counter cross-bor3 der tunnel operations personnel. 

4 (II) Specialized skills required of 

5 counter cross-border tunnel operations 

6 personnel. 

7 (III) The number of full-time em8 ployees needed to conduct illicit 

9 counter cross-border tunnel oper10 ations, disaggregated by U.S. Border 

11 Patrol sector. 

12 (IV) Training requirements for 

13 identified staffing needs. 

14 (2) REPORT TO CONGRESS.—Not later than one 

15 year after the date of enactment of this Act, the 

16 Commissioner of U.S. Customs and Border Protec17 tion shall submit to the Committee on Homeland Se18 curity of the House of Representatives and the Com19 mittee on Homeland Security and Governmental Af20 fairs of the Senate a report on the implementation 

21 of subsection (b). 

22 (c) CLERICAL AMENDMENT.—The table of contents 

23 in section 1(b) of the Homeland Security Act of 2002 is 

24 amended by inserting after the item relating to section 

25 420C, as added by this title, the following new item 

‘‘Sec. 420D. National Subterranean Operations Program.’’. 


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1 SEC. 435. BORDER ENFORCEMENT SECURITY TASK FORCE 

2 UPDATES. 

3 (a) UPDATED PURPOSE.—Subsection (b) of section 

4 432 of the Homeland Security Act of 2002 (6 U.S.C. 240) 

5 is amended— 

6 (1) in paragraph (1), by striking ‘‘and’’ after 

7 the semicolon at the end; 

8 (2) in paragraph (2), by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following new 

11 paragraph: 

12 ‘‘(3) detecting, investigating, preventing, and 

13 responding to terrorism, transnational criminal orga14 nizations, and other violations of law related to bor15 der security.’’. 

16 (b) UPDATED CONSIDERATIONS FOR ESTABLISH17 MENT OF UNITS.—Paragraph (2) of section 432(c) of the 

18 Homeland Security Act of 2002 (6 U.S.C. 240(c)) is 

19 amended— 

20 (1) in the matter preceding subparagraph (A)— 

21 (A) in the first sentence, by striking ‘‘ju22 risdictions’’ and inserting ‘‘regions’’; 

23 (B) by striking ‘‘Before’’ and inserting 

24 ‘‘When’’; and 


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1 (C) by striking ‘‘shall consider’’ and insert2 ing ‘‘shall apply risk-based criteria that takes 

3 into consideration’’; 

4 (2) in subparagraph (B), by inserting ‘‘and’’ 

5 after the semicolon at the end; and 

6 (3) by striking subparagraphs (C) and (D) and 

7 inserting the following new subparagraph: 

8 ‘‘(C) Whether, in accordance with para9 graph (3), other joint cross-border initiatives al10 ready take place within the region in which the 

11 BEST unit would be established.’’. 

12 (c) UPDATED REPORT.—Subsection (e) of section 

13 432 of the Homeland Security Act of 2002 (6 U.S.C. 240) 

14 is amended to read as follows: 

15 ‘‘(e) REPORTS.—Not later than 180 days after the 

16 date of the enactment of this subsection and biannually 

17 thereafter for the following six years, the Secretary shall 

18 submit to the Committee on Homeland Security of the 

19 House of Representatives and the Committee on Home20 land Security and Governmental Affairs of the Senate a 

21 report that— 

22 ‘‘(1) describes the effectiveness of BEST units 

23 in fulfilling the purposes specified in subsection (b); 

24 ‘‘(2) identifies challenges to the sustainment of 

25 cross-border BEST operations, including challenges 


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1 faced by international partners, and planned correc2 tive actions; 

3 ‘‘(3) identifies costs associated with BEST 

4 units, broken down by relevant categories designated 

5 at the Secretary’s discretion; 

6 ‘‘(4) identifies ways to support joint training 

7 for BEST stakeholder agencies; 

8 ‘‘(5) identifies and assesses ways BTTF under 

9 section 420C, IBET units under section 440, and 

10 BEST units can better align operations, including 

11 interdiction and investigation activities; and 

12 ‘‘(6) identifies and assesses gaps in BEST tech13 nological capability to detect transnational criminal 

14 organizations or terrorist threats.’’. 

15 (d) UPDATED REPORT.—Not later than 180 days 

16 after the date of the enactment of this Act and biannually 

17 thereafter for the following six years, the Secretary of 

18 Homeland Security shall submit to the Committee on 

19 Homeland Security of the House of Representatives and 

20 the Committee on Homeland Security and Governmental 

21 Affairs of the Senate the report reflected in subparagraph 

22 (e). 

23 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

24 Section 432 of the Homeland Security Act of 2002 (6 

25 U.S.C. 240) is amended— 


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1 (1) in subsection (c)— 

2 (A) in paragraph (1)(D), by inserting a 

3 semicolon at the end; and 

4 (B) in paragraph (3), by striking ‘‘jurisdic5 tion’’ each place it appears and inserting ‘‘re6 gion’’; and 

7 (2) in subsection (d), in the matter preceding 

8 paragraph (1), by striking ‘‘jurisdictions’’ and in9 serting ‘‘regions’’. 

10 SEC. 436. EXTENSION OF PORT OF ENTRY DONATION AU11 THORITY. 

12 Subparagraph (A) of section 482(b)(4) of the Home13 land Security Act of 2002 (6 U.S.C. 301a(b)(4)) is 

14 amended by striking ‘‘4 years’’ and inserting ‘‘8 years’’. 

15 TITLE V—TRANSPORTATION 

16 SECURITY 

17 SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR SALA18 RIES, OPERATION, AND MAINTENANCE OF 

19 THE TRANSPORTATION SECURITY ADMINIS20 TRATION. 

21 Subsection (v) of section 114 of title 49, United 

22 States Code, is amended— 

23 (1) in paragraph (2), by striking ‘‘and’’ after 

24 the semicolon at the end; 


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1 (2) in paragraph (3), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new 

4 paragraph: 

5 ‘‘(4) $8,076,294,000 for fiscal year 2022.’’. 

6 SEC. 502. RETENTION OF SECURITY SERVICE FEE BY THE 

7 TRANSPORTATION SECURITY ADMINISTRA8 TION. 

9 (a) IN GENERAL.—Subsection (i) of section 44940 of 

10 title 49, United States Code, is repealed. 

11 (b) CONFORMING AMENDMENT.—Paragraph (3) of 

12 section 44940(c) is amended by striking ‘‘Beginning on 

13 October 1, 2027, fees’’ and inserting ‘‘Fees’’. 

14 SEC. 503. EMERGING AND FUTURE THREATS TASK FORCE. 

15 (a) IN GENERAL.—Not later than 90 days after the 

16 date of the enactment of this Act, the Administrator of 

17 the Transportation Security Administration, in consulta18 tion with the Director of National Intelligence and the in19 telligence community (as such term is defined in section 

20 3(4) of the National Security Act of 1947 (50 U.S.C. 

21 3003(4))) and the heads of other Federal agencies, as de22 termined appropriate by the Administrator, shall establish 

23 a task force to conduct an analysis of emerging and poten24 tial future threats to transportation security. 


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1 (b) MEMBERSHIP.—The task force established under 

2 subsection (a) shall be comprised of employees of the De3 partment of Homeland Security who, in carrying out the 

4 analysis required under such subsection, shall consult with 

5 the Director of National Intelligence and the intelligence 

6 community and the heads of Federal agencies, as deter7 mined appropriate by the Administrator. 

8 (c) DEADLINE.—Not later than 270 days after the 

9 Administrator establishes the task force under subsection 

10 (a), the task force shall submit to the Administrator the 

11 analysis required under such subsection. 

12 (d) ELEMENTS.—The analysis required under sub13 section (a) shall include emerging and potential future 

14 threats posed by the following: 

15 (1) Evolving tactics by terrorist organizations 

16 that may pose a catastrophic risk to an aviation or 

17 surface transportation entity. 

18 (2) Explosive and explosive devices or attacks 

19 involving the use of explosives that may cause cata20 strophic damage to an aviation or surface transpor21 tation system. 

22 (3) Chemical or biological agents being released 

23 in either aviation or surface transportation systems. 


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1 (4) Cyberthreat actors seeking to undermine 

2 confidence in transportation systems or cause service 

3 disruptions that jeopardize transportation security. 

4 (5) Unmanned aerial systems with the capa5 bility of inflicting harm on transportation targets. 

6 (6) Individuals or groups seeking to attack soft 

7 targets, public areas, or crowded spaces of transpor8 tation systems, including attacks against Transpor9 tation Security Administration employees and other 

10 security personnel. 

11 (7) Foreign actors seeking to exploit 

12 vulnerabilities posed by the inconsistent or inad13 equate security screening protocols at last point of 

14 departure airports with direct flights to the United 

15 States. 

16 (8) Information sharing challenges within the 

17 Federal Government and among partner govern18 ments. 

19 (9) Information sharing challenges between the 

20 Administration or other relevant Federal agencies 

21 and transportation stakeholders, including air car22 riers, airport operators, surface transportation oper23 ators, and State and local law enforcement. 

24 (10) Growth in passenger volume in both the 

25 aviation and surface transportation sectors. 


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1 (e) MITIGATION.—Not later than 120 days after the 

2 completion of the analysis required under subsection (a), 

3 the Administrator of the Transportation Security Admin4 istration shall develop, as appropriate, a threat mitigation 

5 strategy for each of the threats examined in such analysis, 

6 and— 

7 (1) assign appropriate resources of the Admin8 istration to address such threats, based on cal9 culated risk; or 

10 (2) provide recommendations through the De11 partment of Homeland Security to the appropriate 

12 Federal department or agency responsible for ad13 dressing such threats. 

14 (f) STAKEHOLDER ENGAGEMENT.—When carrying 

15 out the analysis required under subsection (a), the Admin16 istrator of the Transportation Security Administration 

17 shall engage transportation stakeholders referred to in 

18 subsection (b)(9) and account for security concerns of 

19 transportation operators by— 

20 (1) convening not fewer than three industry day 

21 events for such transportation stakeholders to hear 

22 from relevant public and private sector security part23 ners and provide feedback on threats such transpor24 tation stakeholders identify as emerging; 


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1 (2) developing strategies to solicit feedback on 

2 a consistent basis from such transportation stake3 holders across all modes of transportation and pro4 viding consistent responses to stakeholder concerns; 

5 (3) improving the quality, timeliness, and rel6 evancy of information sharing products disseminated 

7 by the Administration to such transportation stake8 holders, including classified information sharing 

9 products; 

10 (4) coordinating security incident response and 

11 communications drills, including tabletop exercises, 

12 to improve incident preparedness and response capa13 bilities across transportation modes and among 

14 transportation systems; 

15 (5) encouraging regular communication between 

16 Federal Security Directors, Field Intelligence Offi17 cers, Federal Air Marshal Special Agents in Charge, 

18 and such transportation stakeholders; 

19 (6) establishing regular opportunities for senior 

20 Administration leadership to engage with such trans21 portation stakeholders regarding changes in the 

22 threat environment and how the Administration can 

23 offer security support to address such changes; and 

24 (7) briefing the Aviation Security Advisory 

25 Committee and the Surface Transportation Security 


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1 Advisory Committee on the efforts of the task force 

2 established pursuant to subsection (a). 

3 (g) BRIEFING TO CONGRESS.—The Administrator of 

4 the Transportation Security Administration shall brief the 

5 Committee on Homeland Security of the House of Rep6 resentatives and the Committee on Commerce, Science, 

7 and Transportation of the Senate on the results of the 

8 analysis required under subsection (a) and relevant miti9 gation strategies developed in accordance with subsection 

10 (c). 

11 (h) NON-APPLICABILITY OF FACA AND PRA.—The 

12 Federal Advisory Committee Act (5 U.S.C. App.) and the 

13 Paperwork Reduction Act (44 U.S.C. 3501 et seq.) shall 

14 not apply to the task force established under subsection 

15 (a). 

16 SEC. 504. COMPTROLLER GENERAL REVIEW. 

17 Not later than one year after the date of the enact18 ment of this Act, the Comptroller General of the United 

19 States shall conduct a review of Department of Homeland 

20 Security trusted traveler programs. Such review shall ex21 amine the following: 

22 (1) The extent to which the Department of 

23 Homeland Security tracks data and monitors trends 

24 related to trusted traveler programs, including root 

25 causes for identity-matching errors resulting in an 


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1 individual’s enrollment in a trusted traveler program 

2 being reinstated. 

3 (2) Whether the Department coordinates with 

4 the heads of other relevant Federal, State, local, 

5 Tribal, or territorial entities regarding redress proce6 dures for disqualifying offenses not covered by the 

7 Department’s own redress processes but which of8 fenses impact an individual’s enrollment in a trusted 

9 traveler program. 

10 (3) How the Department may improve individ11 uals’ access to reconsideration procedures regarding 

12 a disqualifying offense for enrollment in a trusted 

13 traveler program that requires the involvement of 

14 any other Federal, State, local, Tribal, or territorial 

15 entity. 

16 (4) The extent to which travelers are informed 

17 about reconsideration procedures regarding enroll18 ment in a trusted traveler program. 

19 SEC. 505. ENROLLMENT REDRESS. 

20 Notwithstanding any other provision of law, the Sec21 retary of Homeland Security shall, with respect to an indi22 vidual whose enrollment in a trusted traveler program was 

23 revoked in error extend by an amount of time equal to 

24 the period of revocation the period of active enrollment 


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1 in such a program upon re-enrollment in such a program 

2 by such an individual. 

3 SEC. 506. TRAINING REQUIRED. 

4 (a) IN GENERAL.—Not later than 1 year after the 

5 date of the enactment of this Act, the Administrator of 

6 the Transportation Security Administration shall develop 

7 and implement training for frontline Administration per8 sonnel regarding the screening of pregnant women and 

9 families with young children at passenger screening check10 points. Such training shall include the following: 

11 (1) Information relating to concerns of preg12 nant women relating to the use of Advanced Imag13 ing Technology and appropriate opt-out procedures 

14 and alternative screening procedures. 

15 (2) Guidelines to assist pregnant women and 

16 families traveling with young children effectively and 

17 efficiently complete the screening process in a man18 ner that is respectful and improves the overall func19 tioning of the screening checkpoint. 

20 (3) Communication and procedural guidelines 

21 for frontline Administration personnel to assist with 

22 passenger divestiture for pregnant women and fami23 lies traveling with young children to improve the ef24 fectiveness and overall passenger experience at the 

25 screening checkpoint. 


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1 (b) COMMUNICATIONS STRATEGY.—In conjunction 

2 with the implementation of the training required under 

3 subsection (a), the Administrator of the Transportation 

4 Security Administration shall develop and implement a 

5 communications strategy for pregnant women and families 

6 traveling with young children to inform such women and 

7 families of the procedures and guidelines described in such 

8 subsection, including providing information to relevant 

9 passengers through social media, the Administration’s 

10 public website, the Administration’s customer service call 

11 center, and partnerships with aviation stakeholders, in12 cluding air carriers and airport operators. 

13 (c) PASSENGER SUPPORT SPECIALISTS.—In carrying 

14 out subsections (a) and (b), the Administrator of the 

15 Transportation Security Administration shall, to the ex16 tent possible, make available passenger support specialists, 

17 upon request, to pregnant women and families traveling 

18 with young children to assist with screening checkpoint in19 formation, concerns, and procedures. 

20 (d) TSA FAMILY LANES FEASIBILITY ASSESS21 MENT.—Not later than 180 days after the date of the en22 actment of this Act, the Administrator of the Transpor23 tation Security Administration shall conduct a feasibility 

24 assessment to determine whether screening processes and 

25 the screening experience may be improved for travelers by 


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1 developing optional, dedicated screening lanes for families 

2 traveling with young children at airports where the check3 point configuration would allow and where the overall 

4 functioning of the checkpoint would not be inhibited in 

5 terms of passenger throughput or security effectiveness. 

6 (e) BRIEFING TO CONGRESS.—Not later than 30 

7 days after the implementation of the training required 

8 under subsection (a), the Administrator of the Transpor9 tation Security Administration shall brief the Committee 

10 on Homeland Security of the House of Representatives 

11 and the Committee on Commerce, Science, and Transpor12 tation of the Senate on progress regarding the implemen13 tation of this Act and improvements made to the screening 

14 process for pregnant women and families traveling with 

15 young children. 

16 SEC. 507. IDENTITY AND TRAVEL DOCUMENT 

17 VERIFICATION. 

18 Section 44901 of title 49, United States Code, is 

19 amended by adding at the end the following new sub20 section: 

21 ‘‘(m) ESTABLISHMENT OF SCREENING SYSTEM FOR

22 CERTAIN PERSONS.—Not later than December 31, 2020, 

23 the Administrator of the Transportation Security Admin24 istration shall, subject to the availability of appropriations, 

25 implement an identity and travel document verification 


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1 system designed to establish a secure, automated system 

2 at all airports for verifying identity and travel documents 

3 of persons seeking entry into the sterile area of an airport. 

4 Such system shall— 

5 ‘‘(1) assess the need for security screening per6 sonnel to perform identity and travel document 

7 verification for such passengers, thereby assessing 

8 the overall number of such screening personnel; 

9 ‘‘(2) reduce the average wait time of such pas10 sengers; 

11 ‘‘(3) reduce overall operating expenses of the 

12 Administration; 

13 ‘‘(4) be integrated with the Administration’s 

14 watch list matching program; and 

15 ‘‘(5) be integrated with other technologies to 

16 further facilitate risk-based passenger screening at 

17 checkpoints, to the extent practicable and consistent 

18 with security standards.’’. 

19 SEC. 508. STANDARD OPERATING PROCEDURES AT AIR20 PORT CHECKPOINTS. 

21 (a) STANDARDIZATION.—The Administrator of the 

22 Transportation Security Administration shall require, to 

23 the extent practicable, that standard operating procedures 

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1 gage are carried out in a uniform manner among similarly 

2 situated airports. 

3 (b) REPORT TO CONGRESS.—Not later than 270 days 

4 after the date of the enactment of this Act, the Adminis5 trator of the Transportation Security Administration shall 

6 submit to the Committee on Homeland Security of the 

7 House of Representatives and the Committee on Com8 merce, Science, and Transportation of the Senate a report 

9 on how standard operating procedures were made uniform 

10 in accordance with subsection (a). 

11 (c) AUDITS.—Beginning one year after the date of 

12 the enactment of this Act, the Inspector General of the 

13 Department of Homeland Security shall conduct periodic 

14 audits of adherence to the standard operating procedures, 

15 as established by the Administrator of the Transportation 

16 Security Administration, under this section of screening 

17 personnel at large, medium, and small airports in diverse 

18 geographical areas. 

19 SEC. 509. CANINE DETECTION RESEARCH AND DEVELOP20 MENT. 

21 (a) IN GENERAL.—The Secretary of Homeland Secu22 rity shall conduct an audit of all canine training programs 

23 of the Department of Homeland Security and convene a 

24 working group of representatives from all such programs 

25 to make recommendations on possible efficiencies that 


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1 could be gained by integrating training standards and fa2 cilities. 

3 (b) CANINE STAFFING ALLOCATION MODEL.—The 

4 Administrator of the Transportation Security Administra5 tion shall develop a staffing allocation model for canines 

6 to determine the optimal number of passenger screening 

7 canines at airports in the United States. 

8 (c) REPORT TO CONGRESS.—Not later than 180 days 

9 after the date of the enactment of this Act, the Secretary 

10 of Homeland Security shall submit to the Committee on 

11 Homeland Security of the House of Representatives and 

12 the Committee on Commerce, Science, and Transportation 

13 of the Senate a report on the recommendations required 

14 by subsection (a). 

15 (d) BRIEFING TO CONGRESS.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date of the enactment of this Act, the Ad18 ministrator of the Transportation Security Adminis19 tration shall brief the Committee on Homeland Se20 curity of the House of Representatives and the Com21 mittee on Homeland Security and Governmental Af22 fairs and the Committee on Commerce, Science, and 

23 Transportation of the Senate on the state of explo24 sives detection canine production and training in the 

25 United States. 


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1 (2) CONTENTS.—The briefing required under 

2 paragraph (1) shall include the following: 

3 (A) An analysis of the steps the Transpor4 tation Security Administration may take to fos5 ter additional production of explosives detection 

6 canines in the United States by the private sec7 tor. 

8 (B) Perspectives from current explosives 

9 detection canine industry stakeholders regard10 ing the impact of the Administration’s procure11 ment model on business considerations. 

12 (C) An analysis regarding whether the Ad13 ministration effectively communicates canine 

14 training guidelines and testing methodology to 

15 the private sector. 

16 (D) The extent to which physical capacity 

17 limitations at current Administration-operated 

18 sites hinder the operations of either the Admin19 istration or industry. 

20 SEC. 510. SECURITY INCIDENT RESPONSE AT AIRPORTS 

21 AND SURFACE TRANSPORTATION HUBS. 

22 The Gerardo Hernandez Airport Security Act of 2015 

23 (Public Law 114–50; 49 U.S.C. 44903 note) is amend24 ed— 

25 (1) in section 3— 


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1 (A) in subsection (b), in the matter pre2 ceding paragraph (1), by striking ‘‘may’’ each 

3 place it appears and inserting ‘‘shall’’; 

4 (B) by redesignating subsection (c) as sub5 section (d); and 

6 (C) by inserting after subsection (b) the 

7 following new subsection: 

8 ‘‘(c) REVIEW.—The Administrator of the Transpor9 tation Security Administration shall review the active 

10 shooter response guidelines specified for Department of 

11 Homeland Security personnel under this section and make 

12 a recommendation to the Secretary of Homeland Security 

13 to modify such guidelines for personnel who are certified 

14 Federal law enforcement officials and for personnel who 

15 are uniformed but unarmed security officials.’’; and 

16 (2) in section 7— 

17 (A) in subsection (b), in the matter pre18 ceding paragraph (1), by striking ‘‘may’’ each 

19 place it appears and inserting ‘‘shall’’; 

20 (B) by redesignating subsections (c) and 

21 (d) as subsections (d) and (e), respectively; and 

22 (C) by inserting after subsection (b) the 

23 following new subsection: 

24 ‘‘(c) REVIEW.—The Administrator of the Transpor25 tation Security Administration shall review the active 


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1 shooter response guidelines specified for Department of 

2 Homeland Security personnel under this section and make 

3 a recommendation to the Secretary of Homeland Security 

4 to modify such guidelines for personnel who are certified 

5 Federal law enforcement officials and for personnel who 

6 are uniformed but unarmed security officials.’’. 

7 SEC. 511. ALTERNATE NEW SECURITY SCREENING PER8 SONNEL TRAINING PROGRAM COST AND FEA9 SIBILITY STUDY. 

10 Not later than 180 days after the date of the enact11 ment of this Act, the Administrator of the Transportation 

12 Security Administration shall conduct a cost and feasi13 bility study of developing a training program for security 

14 screening personnel that will provide such personnel with 

15 an equal level of training as is provided in the training 

16 program for new security screening personnel located at 

17 the Federal Law Enforcement Training Center in Glynco, 

18 Georgia, that could be conducted at or within 50 miles 

19 of such security screening personnel’s duty station. Such 

20 study should examine the use of online seminar and train21 ing platforms for portions of the training curriculum that 

22 are conducive to such an outcome. 


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1 SEC. 512. PROHIBITION OF ADVANCE NOTICE OF COVERT 

2 TESTING TO SECURITY SCREENERS. 

3 Section 44935 of title 49, United States Code, is 

4 amended by adding at the end the following new sub5 section: 

6 ‘‘(m) PROHIBITION OF ADVANCE NOTICE TO SECU7 RITY SCREENERS OF COVERT TESTING AND EVALUA8 TION.— 

9 ‘‘(1) IN GENERAL.—The Administrator of the 

10 Transportation Security Administration shall ensure, 

11 to the greatest extent practicable, that information 

12 concerning a covert test of a transportation security 

13 system to be conducted by a covert testing office, the 

14 Inspector General of the Department of Homeland 

15 Security, or the Government Accountability Office is 

16 not provided to any individual involved in such test 

17 prior to the completion of such test. 

18 ‘‘(2) EXCEPTIONS.—Notwithstanding para19 graph (1)— 

20 ‘‘(A) an authorized individual involved in a 

21 covert test of a transportation security system 

22 may provide information concerning such covert 

23 test to— 

24 ‘‘(i) employees, officers, and contrac25 tors of the Federal Government (including 

26 military personnel); 


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1 ‘‘(ii) employees and officers of State 

2 and local governments; and 

3 ‘‘(iii) law enforcement officials who 

4 are authorized to receive or directed to be 

5 provided such information by the Adminis6 trator of the Transportation Security Ad7 ministration, the Inspector General of the 

8 Department of Homeland Security, or the 

9 Comptroller General of the United States, 

10 as the case may be; and 

11 ‘‘(B) for the purpose of ensuring the secu12 rity of any individual in the vicinity of a site at 

13 which a covert test of a transportation security 

14 system is being conducted, an individual con15 ducting such test may disclose his or her status 

16 as an individual conducting such test to any ap17 propriate individual if a security screener or 

18 other individual who is not a covered employee 

19 identifies the individual conducting such test as 

20 a potential threat. 

21 ‘‘(3) SPECIAL RULES FOR TSA.— 

22 ‘‘(A) MONITORING AND SECURITY OF

23 TESTING PERSONNEL.—The head of each covert 

24 testing office shall ensure that a person or 

25 group of persons conducting a covert test of a 


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1 transportation security system for a covert test2 ing office is accompanied at the site of such test 

3 by a cover team composed of one or more em4 ployees of such covert testing office for the pur5 pose of monitoring such test and confirming the 

6 identity of personnel involved in such test under 

7 subparagraph (B). 

8 ‘‘(B) RESPONSIBILITY OF COVER TEAM.— 

9 Under this paragraph, a cover team for a covert 

10 test of a transportation security system shall— 

11 ‘‘(i) monitor such test; and 

12 ‘‘(ii) for the purpose of ensuring the 

13 security of any individual in the vicinity of 

14 a site at which such test is being con15 ducted, confirm, notwithstanding para16 graph (1), the identity of any individual 

17 conducting such test to any appropriate in18 dividual if a security screener or other in19 dividual who is not a covered employee 

20 identifies the individual conducting such 

21 test as a potential threat. 

22 ‘‘(C) AVIATION SCREENING.—Notwith23 standing subparagraph (A), the Transportation 

24 Security Administration is not required to have 

25 a cover team present during a test of the 


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1 screening of persons, carry-on items, or checked 

2 baggage at an aviation security checkpoint at or 

3 serving an airport if such test is— 

4 ‘‘(i) approved, in coordination with 

5 the designated security official for the air6 port operator by the Federal Security Di7 rector for such airport; and 

8 ‘‘(ii) carried out under an aviation 

9 screening assessment program of the De10 partment of Homeland Security. 

11 ‘‘(D) USE OF OTHER PERSONNEL.—The 

12 Transportation Security Administration may 

13 use employees, officers, and contractors of the 

14 Federal Government (including military per15 sonnel) and employees and officers of State and 

16 local governments or any personnel authorized 

17 by the Federal Security Director to conduct 

18 covert tests. 

19 ‘‘(4) DEFINITIONS.—In this subsection, the fol20 lowing definitions apply: 

21 ‘‘(A) APPROPRIATE INDIVIDUAL.—The 

22 term ‘appropriate individual’, as used with re23 spect to— 

24 ‘‘(i) a covert test under paragraph 

25 (2)(B) of a transportation security system, 


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1 means any individual who the individual 

2 conducting such test determines needs to 

3 know his or her status as an individual 

4 conducting such test; or 

5 ‘‘(ii) a covert test under paragraph 

6 (3)(B)(i), means any individual who the 

7 cover team monitoring such test deter8 mines needs to know the identity of such 

9 cover team. 

10 ‘‘(B) COVERED EMPLOYEE.—The term 

11 ‘covered employee’ means any individual who 

12 receives notice of a covert test before the com13 pletion of a test under paragraph (2)(B). 

14 ‘‘(C) COVERT TEST.— 

15 ‘‘(i) IN GENERAL.—The term ‘covert 

16 test’ means an exercise or activity con17 ducted by a covert testing office, the In18 spector General of the Department of 

19 Homeland Security, or the Government Ac20 countability Office to intentionally test, 

21 compromise, or circumvent transportation 

22 security systems to identify vulnerabilities 

23 in such systems. 

24 ‘‘(ii) LIMITATION.—Notwithstanding 

25 clause (i), the term ‘covert test’ does not 


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1 mean an exercise or activity by an em2 ployee or contractor of the Transportation 

3 Security Administration to test or assess 

4 compliance with relevant regulations. 

5 ‘‘(D) COVERT TESTING OFFICE.—The term 

6 ‘covert testing office’ means any office of the 

7 Transportation Security Administration des8 ignated by the Administrator of the Transpor9 tation Security Administration to conduct cov10 ert tests of transportation security systems. 

11 ‘‘(E) EMPLOYEE OF A COVERT TESTING

12 OFFICE.—The term ‘employee of a covert test13 ing office’ means an individual who is an em14 ployee of a covert testing office or a contractor 

15 or an employee of a contractor of a covert test16 ing office.’’. 

17 SEC. 513. EXPLOSIVE DETECTION TECHNOLOGY. 

18 The Secretary of Homeland Security shall prioritize 

19 the research and facilitation of next generation tech20 nologies to detect explosives in the Nation’s surface trans21 portation systems. 


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1 SEC. 514. RECURRENT VETTING FOR SURFACE TRANSPOR2 TATION CREDENTIAL-HOLDERS. 

3 Section 70105 of title 46, United States Code, is 

4 amended by adding at the end the following new sub5 section: 

6 ‘‘(r) RECURRENT VETTING.— 

7 ‘‘(1) IN GENERAL.—Not later than 180 days 

8 after the date of the enactment of this subsection, 

9 the Secretary shall develop and implement a plan to 

10 utilize the Federal Bureau of Investigation’s Rap 

11 Back Service in order to establish recurrent vetting 

12 capabilities for individuals holding valid transpor13 tation security cards under this section. 

14 ‘‘(2) EXEMPTION.—Individuals holding valid 

15 transportation security cards under this section who 

16 are subject to recurrent vetting under the plan to 

17 utilize the Rap Back Service referred to in para18 graph (1) shall be exempt from any recurrent deter19 minations or background checks under this section 

20 to which such individuals would otherwise be subject 

21 every five years in the absence of such utilization.’’. 

22 SEC. 515. BIOMETRICS FOR TSA PRECHECK. 

23 (a) IN GENERAL.—Not later than September 30, 

24 2023, the Administrator of the Transportation Security 

25 Administration shall begin the utilization of biometrics to 

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1 tion’s trusted traveler program, known as TSA PreCheck, 

2 at security screening checkpoints in a manner which— 

3 (1) protects the privacy and civil liberties of the 

4 traveling public; 

5 (2) improves the security and functionality of 

6 the security screening checkpoint; 

7 (3) leverages, to the extent practicable, existing 

8 biometric repositories of the Department of Home9 land Security; and 

10 (4) utilizes best available biometric technology 

11 and algorithms to reduce instances of 

12 misidentification. 

13 (b) WORKING GROUP ESTABLISHED.—Not later than 

14 30 days after the date of the enactment of this Act, the 

15 Administrator of the Transportation Security Administra16 tion shall establish a working group comprised of relevant 

17 transportation security stakeholders and any personnel de18 termined necessary by the Administrator to inform and 

19 make recommendations for the successful implementation 

20 of a biometrics identity process. 

21 (c) REPORT TO CONGRESS.—Not later than one year 

22 after the date of the enactment of this Act and annually 

23 thereafter through 2023, the Administrator of the Trans24 portation Security Administration shall report to the Com25 mittee on Homeland Security of the House of RepresentaVerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00481 Fmt 6652 Sfmt 6201 E:\BILLS\H8309.IH H8309

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1 tives and the Committee on Commerce, Science, and 

2 Transportation of the Senate on the status of the Admin3 istration’s biometrics program. 

4 SEC. 516. SECURE FLIGHT PROGRAM. 

5 (a) IN GENERAL.—Not later than 180 days after the 

6 date of the enactment of this Act, the Administrator of 

7 the Transportation Security Administration shall ensure 

8 that security screening checkpoints have real-time 

9 connectivity to the Administration’s Secure Flight vetting 

10 system. 

11 (b) SECURE FLIGHT REVIEW.—Not later than 1 year 

12 after the date of the enactment of this Act, the Adminis13 trator of the Transportation Security Administration shall 

14 develop and implement a plan to improve the capabilities 

15 of the Administration’s Secure Flight program, includ16 ing— 

17 (1) improving coordination between Secure 

18 Flight and air carriers; 

19 (2) reducing screening errors resulting from in20 accurate or delayed Secure Flight data; and 

21 (3) identifying additional resources needed to 

22 upgrade information technology systems of Secure 

23 Flight. 


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1 SEC. 517. KNOWN CREW MEMBER PROGRAM. 

2 (a) IN GENERAL.—Not later than 180 days after the 

3 enactment of this Act, the Administrator of the Transpor4 tation Security Administration shall implement new secu5 rity standards for the Administration’s Known Crew Mem6 ber program, including— 

7 (1) updated standards for verifying crew iden8 tity at Known Crew Member-enabled checkpoints; 

9 and 

10 (2) cybersecurity standards for the Known 

11 Crew Member program. 

12 (b) COORDINATION.—In carrying out the require13 ments of subsection (a), the Administrator of the Trans14 portation Security Administration shall coordinate with 

15 relevant transportation security stakeholders, including air 

16 carriers and labor organizations representing pilots and 

17 flight attendants. 

18 SEC. 518. SCREENING PARTNERSHIP PROGRAM. 

19 (a) IN GENERAL.—The Administrator of the Trans20 portation Security Administration shall promote and en21 courage airport participation in the Administration’s 

22 Screening Partnership Program. 

23 (b) BLUE RIBBON PANEL.—Not later than 90 days 

24 after the date of the enactment of this Act, the Adminis25 trator of the Transportation Security Administration shall 

26 convene a Blue Ribbon Panel to examine ways in which 


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1 the Screening Partnership Program can be improved, in2 cluding— 

3 (1) allowing greater input for airport terminal 

4 owners and operators into selecting a screening ven5 dor; 

6 (2) reducing costs to the taxpayer by expanding 

7 the Screening Partnership Program; and 

8 (3) examining security screening programs of 

9 foreign partners to outline best practices for public 

10 private partnership for passenger screening. 

11 SEC. 519. HEADQUARTERS EFFICIENCY. 

12 Not later than 1 year after the date of the enactment 

13 of this Act, the Administrator of the Transportation Secu14 rity Administration shall seek to reduce by 50 percent ad15 ministrative support contract costs for headquarters per16 sonnel. 

17 SEC. 520. REPEAL OF REGULATIONS. 

18 Sections 1408, 1517, and 1534 of the Implementing 

19 Recommendations of the 9/11 Commission Act of 2007 

20 are repealed. 

21 SEC. 521. SENSITIVE SECURITY INFORMATION. 

22 (a) IN GENERAL.—Not later than 90 days after the 

23 date of the enactment of this Act, the Administrator of 

24 the Transportation Security Administration (TSA) shall— 


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1 (1) ensure clear and consistent designation of 

2 ‘‘Sensitive Security Information’’, including reason3 able security justifications for so designating docu4 ments as such; 

5 (2) develop and implement a schedule to regu6 larly review and update, as necessary, TSA Sensitive 

7 Security Information Identification guidelines; 

8 (3) develop a tracking mechanism for all Sen9 sitive Security Information redaction and designa10 tion challenges; 

11 (4) document justifications for changes in posi12 tion regarding Sensitive Security Information 

13 redactions and designations, and make such changes 

14 accessible to TSA personnel for use with relevant 

15 stakeholders, including air carriers, airport opera16 tors, surface transportation operators, and State and 

17 local law enforcement, as necessary; and 

18 (5) ensure that TSA personnel are adequately 

19 trained on appropriate designation policies. 

20 (b) STAKEHOLDER OUTREACH.—Not later than 180 

21 days after the date of the enactment of this Act, the Ad22 ministrator of the Transportation Security Administration 

23 (TSA) shall conduct outreach to relevant stakeholders de24 scribed in subsection (a)(4) that regularly are granted ac25 cess to Sensitive Security Information to raise awareness 


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1 of the TSA’s policies and guidelines governing the classi2 fication and use of Sensitive Security Information. 

3 SEC. 522. INTERNATIONAL AVIATION SECURITY. 

4 (a) IN GENERAL.—Not later than 60 days after the 

5 date of the enactment of this Act, the Administrator of 

6 the Transportation Security Administration shall develop 

7 and implement guidelines with respect to last point of de8 parture airports to— 

9 (1) ensure the inclusion, as appropriate, of air 

10 carriers and other transportation security stake11 holders in the development and implementation of 

12 security directives and emergency amendments; 

13 (2) document input provided by air carriers and 

14 other transportation security stakeholders during the 

15 security directive and emergency amendment devel16 opment and implementation processes; 

17 (3) define, with the inclusion of feedback from 

18 air carriers and other transportation security stake19 holders, a process, including time frames, for cancel20 ling or incorporating security directives and emer21 gency amendments into security programs; 

22 (4) conduct engagement with foreign partners 

23 on the implementation of security directives and 

24 emergency amendments, as appropriate, including 

25 recognition if existing security measures at a last 


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1 point of departure airport are found to provide com2 mensurate security as intended by potential new se3 curity directives and emergency amendments; and 

4 (5) ensure that new security directives and 

5 emergency amendments are focused on defined secu6 rity outcomes. 

7 (b) BRIEFING TO CONGRESS.—Not later than 90 

8 days after the date of the enactment of this Act, the Ad9 ministrator of the Transportation Security Administration 

10 shall brief the Committee on Homeland Security of the 

11 House of Representatives and the Committee on Com12 merce, Science, and Transportation of the Senate on the 

13 guidelines described in this section. 

14 (c) DECISIONS NOT SUBJECT TO JUDICIAL RE15 VIEW.—Notwithstanding any other provision of law, any 

16 action of the Administrator of the Transportation Security 

17 Administration under subsection (a) is not subject to judi18 cial review. 

19 SEC. 523. OFFICE OF INSPECTION ACCOUNTABILITY. 

20 (a) IN GENERAL.—The Administrator of the Trans21 portation Security Administration shall strengthen inter22 nal controls related to documentation accuracy of the Of23 fice of Inspection of the Administration by developing and 

24 implementing— 


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1 (1) updates to criminal investigators’ perform2 ance plans to reflect timely and accurate timesheet 

3 submission; 

4 (2) guidance and expectation for supervisory bi5 weekly timesheet review; and 

6 (3) a formal plan for reviewing user access, not 

7 less than annually, to ensure appropriate system ac8 cess and permission levels. 

9 (b) INFORMATION SYSTEMS.—The Administrator of 

10 the Transportation Security Administration shall work to 

11 establish systems to assist the Office of Inspection of the 

12 Administration with timesheet submission and approval 

13 processes and improve data transfer and communication 

14 between the timekeeping system and the Case Manage15 ment System. 

16 (c) PREMIUM PAY ELIGIBILITY.—The Administrator 

17 of the Transportation Security Administration shall de18 velop, formalize, and implement processes to ensure com19 pliance with relevant policies requiring criminal investiga20 tors and supervisors annually complete documentation cer21 tifying availability for Law Enforcement Availability Pay. 

22 (d) RESOURCE ALLOCATION.—The Administrator of 

23 the Transportation Security Administration shall develop 

24 and implement guidance to ensure proper review of annual 


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1 calculations for resource allocation within the Office of In2 spection of the Administration. 

3 SEC. 524. CHECKPOINTS OF THE FUTURE. 

4 (a) IN GENERAL.—The Administrator of the Trans5 portation Security Administration shall develop passenger 

6 self-screening solutions for PreCheck passengers in a man7 ner which— 

8 (1) does not reduce the overall security posture 

9 of the checkpoint; and 

10 (2) improves the efficiency and overall effective11 ness of the checkpoint. 

12 (b) REPORT TO CONGRESS.—Not later than 180 days 

13 after the enactment of this Act and annually thereafter 

14 for 5 years, the Administrator of the Transportation Secu15 rity Administration shall submit to the Committee on 

16 Homeland Security of the House of Representatives and 

17 the Committee on Commerce, Science, and Transportation 

18 of the Senate a report on the status of the requirements 

19 described in subsection (a). 

20 SEC. 525. AIR CARGO SECURITY. 

21 Not later than one year after the date of the enact22 ment of this Act the Inspector General for the Department 

23 of Homeland Security shall conduct an audit of the Air 

24 Cargo Division of the Transportation Security Adminis25 tration of the Department. This audit shall include— 


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1 (1) a review of resource and staffing allocations 

2 for the Air Cargo Division; 

3 (2) an examination of how the Air Cargo Divi4 sion’s effectiveness in managing the Certified Cargo 

5 Screening Program and Known Shipper Program; 

6 and 

7 (3) how effectively the Air Cargo Division 

8 works collaboratively with U.S. Customs and Border 

9 Protection to target high-risk cargo. 

10 SEC. 526. CHILDCARE. 

11 (a) IN GENERAL.—Not later than 30 days after the 

12 date of the enactment of this Act, the Administrator of 

13 the Transportation Security Administration shall convene 

14 a working group comprised of personnel determined ap15 propriate by the Administrator to develop— 

16 (1) recommendations for establishing childcare 

17 facilities for employees at the Administration’s head18 quarters facility; 

19 (2) recommendations for establishing a facility 

20 or otherwise assisting with childcare options for em21 ployees at airports; and 

22 (3) options for the Administration to improve 

23 flexibility for employees with children in need of 

24 care. 


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1 (b) REPORT TO CONGRESS.—Not later than 1 year 

2 after the date of the enactment of this Act, the Adminis3 trator of the Transportation Security Administration shall 

4 submit to the Committee on Homeland Security of the 

5 House of Representatives and the Committee on Com6 merce, Science, and Transportation of the Senate a report 

7 on the recommendations and findings of the working 

8 group established in subsection (a). 

9 SEC. 527. PASSENGERS WITH PHYSICAL OR COGNITIVE DIS10 ABILITIES. 

11 Not later than one year after the date of the enact12 ment of this Act, the Administrator of the Transportation 

13 Security Administration shall convene an event at each 

14 airport at which the Administration conducts security 

15 screening to increase awareness, understanding of screen16 ing protocols, and efficiency of the passenger screening ex17 perience for passengers with physical or cognitive disabil18 ities. 

19 SEC. 528. TSA HUMAN CAPITAL STRATEGIC PLAN. 

20 (a) HUMAN CAPITAL STRATEGIC PLAN DEFINED.— 

21 In this section, the term ‘‘human capital strategic plan’’ 

22 means a plan to evaluate and implement strategies for the 

23 Transportation Security Administration’s selecting, devel24 oping, training, and managing a high-quality, productive 

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1 scribed in section 250.202 of title 5, Code of Federal Reg2 ulations (relating to primary duties of an agency’s Chief 

3 Human Capital Officer). 

4 (b) TRANSPORTATION SECURITY STRATEGIC PLAN5 NING.—Paragraph (3) of section 114(s) of title 49, United 

6 States Code, is amended by adding at the end the fol7 lowing new subparagraph: 

8 ‘‘(J) A Human Capital Strategic Plan that 

9 considers the recommendations contained in the 

10 Findings and Recommendations of the 2019 

11 Blue Ribbon Panel for the Transportation Se12 curity Administration on Human Capital Serv13 ice Delivery Evaluation or any successor docu14 ment. Priority for consideration shall be given 

15 to the recommendations from the Panel that 

16 address the use of scheduling and timekeeping 

17 tools, the review and updating of recruiting ma18 terials, the development of standardized job de19 scriptions, the examination of Transportation 

20 Security Administration employer branding and 

21 recruiting methods, the development of a proc22 ess to receive feedback on Human Capital func23 tions, and the improvement of leadership devel24 opment and feedback mechanisms.’’. 


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1 SEC. 529. SCREENING TECHNOLOGY DEPLOYMENT. 

2 (a) IN GENERAL.—Not later than 180 days after the 

3 date of the enactment of this Act, the Administrator of 

4 the Transportation Security Administration shall imple5 ment a policy to produce deployment plans for screening 

6 technology. Such plans should— 

7 (1) include airport risk assessments and all rel8 evant risk factors; 

9 (2) consider relative airport risk when deter10 mining deployment order; 

11 (3) provide rationale for deployment decisions, 

12 including any specific risk factors considered; 

13 (4) include a strategy for deployment to small 

14 and medium airports to ensure consistency of secu15 rity operations across airports of all sizes; and 

16 (5) include procurement strategy for each 

17 screening technology to be deployed. 

18 (b) CONTINUOUS EVALUATION OF DEPLOYED

19 EQUIPMENT.—Not later than 180 days after the date of 

20 the enactment of this Act, the Administrator of the Trans21 portation Security Administration shall develop a strategy 

22 for continuous evaluation of deployed screening tech23 nology. In developing such strategy, the Administrator 

24 shall consider the following: 

25 (1) The effectiveness of screening during the 

26 lifespan of screening technology. 


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1 (2) How maintenance contracts for procured 

2 screening technology can support the Administra3 tion’s efforts to ensure continued effectiveness after 

4 deployment of such technology. 

5 (3) Periodic testing for the effectiveness of de6 ployed screening technology based on relative risk. 

7 (c) AUDITS.—Beginning one year after the date of 

8 the enactment of this Act, the Inspector General of the 

9 Department of Homeland Security shall conduct an audit 

10 of the Transportation Security Administration’s efforts to 

11 develop and implement deployment plans for screening 

12 technology. Such audit shall determine if— 

13 (1) the Administration has effectively produced 

14 risk-based deployment plans for screening tech15 nologies; 

16 (2) the screening technology deployment ad17 hered to deployment plans; and 

18 (3) the deployment rate of screening tech19 nologies by type across airport size and geographical 

20 areas. 

21 (d) BRIEFING TO CONGRESS.—Not later than 270 

22 days after the date of the enactment of this Act, the Ad23 ministrator of the Transportation Security Administration 

24 shall brief the Committee on Homeland Security of the 

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1 merce, Science, and Transportation of the Senate on the 

2 requirements described in this section. 

3 SEC. 530. REVIEW OF AVIATION SECURITY STAKEHOLDER 

4 ACCESS TO HOMELAND SECURITY INFORMA5 TION NETWORK. 

6 The Secretary of Homeland Security, in coordination 

7 with the Under Secretary for Intelligence and Analysis of 

8 the Department of Homeland Security, shall review access 

9 to the Homeland Security Information Network to deter10 mine if access by aviation security stakeholders in addition 

11 to such stakeholders who already as of the date of the 

12 enactment of this Act already have such access would ben13 efit aviation security. 

14 SEC. 531. AIRPORT PUBLIC AREA SECURITY ENHANCE15 MENT. 

16 (a) AIRPORT PUBLIC AREA SECURITY WORKING

17 GROUP ENGAGEMENT PLAN.— 

18 (1) IN GENERAL.—Not later than one year 

19 after the date of the enactment of this Act, the Ad20 ministrator of the Transportation Security Adminis21 tration (TSA) shall implement a plan to enhance 

22 TSA engagement with the public area security work23 ing group established in accordance with section 

24 1931 of the FAA Reauthorization Act of 2018 (49 

25 U.S.C. 114 note; Public Law 115–254). Such plan 


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1 shall include descriptions of roles and responsibilities 

2 for group members, mechanisms for collaboration, 

3 and determinations regarding the frequency of work4 ing group meetings. 

5 (2) BRIEFING TO CONGRESS.—Not later than 

6 30 days after implementation of the plan required 

7 under paragraph (1) is complete, the Administrator 

8 shall brief the appropriate committees of Congress 

9 on the details of such plan. 

10 (b) SURVEY OF AIRPORT PUBLIC AREA SECURITY

11 EFFORTS.— 

12 (1) IN GENERAL.—Not later than 180 days 

13 after the date of the enactment of this Act, the Ad14 ministrator shall begin conducting a survey of public 

15 and private stakeholders responsible for securing air16 port public areas to assess the following: 

17 (A) The number of airport operations cen18 ters. 

19 (B) The activities in which such airport 

20 operations centers regularly engage. 

21 (C) The stakeholders involved in such air22 port operations centers, including information 

23 relating to staffing and participation of such 

24 stakeholders. 


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1 (D) Availability of resources for such air2 port operations centers. 

3 (E) Technology used to monitor and secure 

4 airport public areas. 

5 (F) Interoperability or other challenges as6 sociated with communication or other informa7 tion technology systems supporting such airport 

8 operations centers. 

9 (G) Policies and best practices used to pro10 vide situational awareness and coordinate air11 port public area security efforts. 

12 (2) BRIEFING TO CONGRESS.—Not later than 

13 30 days after completion of the survey required 

14 under subsection (1), the Administrator shall brief 

15 the appropriate committees of Congress a report on 

16 the findings of such survey. 

17 (c) TSA SUPPORT OF AIRPORT OPERATIONS CEN18 TERS.— 

19 (1) IN GENERAL.—Not later than 90 days after 

20 the briefing required under subsection (b)(2) and 

21 not less frequently than once every five years there22 after, the Administrator shall develop and update, 

23 respectively, a strategy for Administration engage24 ment with airport operations centers. Such strategy 

25 shall— 


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1 (A) include specific goals and objectives for 

2 the support of such airport operations centers 

3 managed by public and private stakeholders re4 sponsible for securing airport public areas; and 

5 (B) detail means of support— 

6 (i) to direct deployment of Adminis7 tration personnel to such airport oper8 ations centers; 

9 (ii) to provide to such stakeholders, as 

10 appropriate, access to Department unclas11 sified or classified information sharing sys12 tems, including the Homeland Security In13 formation Network and Homeland Security 

14 Data Network; and 

15 (iii) for any activities determined ap16 propriate by the Administrator. 

17 (2) BRIEFING TO CONGRESS.—Not later than 

18 30 days after the strategy under subsection (1) is 

19 complete, the Administrator shall brief the appro20 priate committees of Congress on the implementa21 tion of such strategy. 

22 (d) DEFINITIONS.—In this section: 

23 (1) ADMINISTRATION; TSA.—The terms ‘‘Ad24 ministration’’ and ‘‘TSA’’ mean the Transportation 

25 Security Administration. 


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1 (2) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Administra3 tion. 

4 (3) APPROPRIATE COMMITTEES OF CON5 GRESS.—The term ‘‘appropriate committees of Con6 gress’’ means the Committee on Homeland Security 

7 of the House of Representatives and the Committee 

8 on Commerce, Science, and Transportation of the 

9 Senate. 

10 (4) DEPARTMENT.—The term ‘‘Department’’ 

11 means the Department of Homeland Security. 

12 (5) OPERATIONS CENTER.—The term ‘‘oper13 ations center’’ means a integrated and unified oper14 ation center established at a transportation facility 

15 based on the framework made available to public 

16 and private stakeholders pursuant to section 1987 of 

17 the FAA Reauthorization Act of 2018 (49 U.S.C. 

18 114 note; Public Law 115–254). 

19 (6) PUBLIC AND PRIVATE STAKEHOLDERS.— 

20 The term ‘‘public and private stakeholders’’ has the 

21 meaning given such term in section 114(t)(1)(C) of 

22 title 49, United States Code. 


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1 TITLE VI—EMERGENCY PRE2 PAREDNESS, RESPONSE, AND 

3 RECOVERY 

4 Subtitle A—Grants, Training, 

5 Exercises, and Coordination 

6 SEC. 601. URBAN AREA SECURITY INITIATIVE. 

7 Section 2003 of the Homeland Security Act of 2002 

8 (6 U.S.C. 604) is amended— 

9 (1) in subsection (b)(2)(A), in the matter pre10 ceding clause (i), by inserting ‘‘, using the most up11 to-date data available,’’ after ‘‘assessment’’; 

12 (2) in subsection (d)(2), by amending subpara13 graph (B) to read as follows: 

14 ‘‘(B) FUNDS RETAINED.—To ensure trans15 parency and avoid duplication, a State shall 

16 provide each relevant high-risk urban area with 

17 a detailed accounting of the items, services, or 

18 activities on which any funds retained by the 

19 State under subparagraph (A) are to be ex20 pended. Such accounting shall be provided not 

21 later than 90 days after the date of which such 

22 funds are retained.’’; and 

23 (3) by striking subsection (e) and inserting the 

24 following new subsections: 


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1 ‘‘(e) THREAT AND HAZARD IDENTIFICATION RISK

2 ASSESSMENT AND CAPABILITY ASSESSMENT.—As a con3 dition of receiving a grant under this section, each high4 risk urban area shall submit to the Administrator a threat 

5 and hazard identification and risk assessment and capa6 bility assessment— 

7 ‘‘(1) at such time and in such form as is re8 quired by the Administrator; and 

9 ‘‘(2) consistent with the Federal Emergency 

10 Management Agency’s Comprehensive Preparedness 

11 Guide 201, Second Edition, or such successor docu12 ment or guidance as is issued by the Administrator. 

13 ‘‘(f) PERIOD OF PERFORMANCE.—The Administrator 

14 shall make funds provided under this section available for 

15 use by a recipient of a grant for a period of not less than 

16 36 months. 

17 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

18 is authorized to be appropriated for grants under this sec19 tion $800,000,000 for each of fiscal years 2021 through 

20 2022.’’. 

21 SEC. 602. STATE HOMELAND SECURITY GRANT PROGRAM. 

22 Section 2004 of the Homeland Security Act of 2002 

23 (6 U.S.C. 605) is amended by striking subsection (f) and 

24 inserting the following new subsections: 


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1 ‘‘(f) THREAT AND HAZARD IDENTIFICATION AND

2 RISK ASSESSMENT AND CAPABILITY ASSESSMENT.— 

3 ‘‘(1) IN GENERAL.—As a condition of receiving 

4 a grant under this section, each State shall submit 

5 to the Administrator a threat and hazard identifica6 tion and risk assessment and capability assess7 ment— 

8 ‘‘(A) at such time and in such form as is 

9 required by the Administrator; and 

10 ‘‘(B) consistent with the Federal Emer11 gency Management Agency’s Comprehensive 

12 Preparedness Guide 201, Second Edition, or 

13 such successor document or guidance as is 

14 issued by the Administrator. 

15 ‘‘(2) COLLABORATION.—In developing the 

16 threat and hazard identification and risk assessment 

17 under paragraph (1), a State shall solicit input from 

18 local and Tribal governments, including first re19 sponders, and, as appropriate, nongovernmental and 

20 private sector stakeholders. 

21 ‘‘(3) FIRST RESPONDERS DEFINED.—In this 

22 subsection, the term ‘first responders’ includes rep23 resentatives of local governmental and nongovern24 mental fire, law enforcement, emergency manage25 ment, and emergency medical personnel. 


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1 ‘‘(g) PERIOD OF PERFORMANCE.—The Adminis2 trator shall make funds provided under this section avail3 able for use by a recipient of a grant for a period of not 

4 less than 36 months. 

5 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

6 is authorized to be appropriated for grants under this sec7 tion $600,000,000 for each of fiscal years 2021 through 

8 2022.’’. 

9 SEC. 603. GRANTS TO DIRECTLY ELIGIBLE TRIBES. 

10 Section 2005 of the Homeland Security Act of 2002 

11 (6 U.S.C. 606) is amended by— 

12 (1) redesignating subsections (h) through (k) as 

13 subsections (i) through (l), respectively; and 

14 (2) inserting after subsection (g) the following 

15 new subsection: 

16 ‘‘(h) PERIOD OF PERFORMANCE.—The Secretary 

17 shall make funds provided under this section available for 

18 use by a recipient of a grant for a period of not less than 

19 36 months.’’. 

20 SEC. 604. LAW ENFORCEMENT TERRORISM PREVENTION. 

21 (a) LAW ENFORCEMENT TERRORISM PREVENTION

22 PROGRAM.—Subsection (a) of section 2006 of the Home23 land Security Act of 2002 (6 U.S.C. 607) is amended— 

24 (1) in paragraph (1)— 


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1 (A) by inserting ‘‘States and high-risk 

2 urban areas expend’’ after ‘‘that’’; and 

3 (B) by striking ‘‘is used’’; 

4 (2) in paragraph (2), by amending subpara5 graph (I) to read as follows: 

6 ‘‘(I) activities as determined appropriate 

7 by the Administrator, in coordination with the 

8 Assistant Secretary for State and Local Law 

9 Enforcement within the Office of Partnership 

10 and Engagement of the Department, through 

11 outreach to relevant stakeholder organizations; 

12 and’’; and 

13 (3) by adding at the end the following new 

14 paragraph: 

15 ‘‘(4) ANNUAL REPORT.—The Administrator, in 

16 coordination with the Assistant Secretary for State 

17 and Local Law Enforcement, shall report annually 

18 from fiscal year 2021 through fiscal year 2022 on 

19 the use of grants under sections 2003 and 2004 for 

20 law enforcement terrorism prevention activities au21 thorized under this section, including the percentage 

22 and dollar amount of funds used for such activities 

23 and the types of projects funded.’’. 


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1 (b) OFFICE FOR STATE AND LOCAL LAW ENFORCE2 MENT.—Subsection (b) section 2006 of the Homeland Se3 curity Act of 2002 (6 U.S.C. 607) is amended— 

4 (1) in paragraph (1), by striking ‘‘Policy Direc5 torate’’ and inserting ‘‘Office of Partnership and 

6 Engagement’’; and 

7 (2) in paragraph (4)— 

8 (A) in subparagraph (B), by inserting ‘‘, 

9 including through consultation with such agen10 cies regarding Department programs that may 

11 impact such agencies’’ before the semicolon at 

12 the end; and 

13 (B) in subparagraph (D), by striking ‘‘en14 sure’’ and inserting ‘‘certify’’. 

15 SEC. 605. PRIORITIZATION. 

16 (a) IN GENERAL.—Subsection (a) of section 2007 of 

17 the Homeland Security Act of 2002 (6 U.S.C. 608) is 

18 amended— 

19 (1) in paragraph (1)— 

20 (A) by amending subparagraph (A) to read 

21 as follows: 

22 ‘‘(A) its population, including consideration 

23 of domestic and international tourists, com24 muters, and military populations, including 


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1 military populations residing in communities 

2 outside military installations;’’; 

3 (B) in subparagraph (E), by inserting ‘‘, 

4 including threat information from other rel5 evant Federal agencies and field offices, as ap6 propriate’’ before the semicolon at the end; and 

7 (C) in subparagraph (I), by striking ‘‘tar8 get’’ and inserting ‘‘core’’; and 

9 (2) in paragraph (2), by striking ‘‘target’’ and 

10 inserting ‘‘core’’. 

11 (b) REVIEW.—Not later than 90 days after the date 

12 of the enactment of this Act, the Secretary of Homeland 

13 Security, through the Administrator of the Federal Emer14 gency Management Agency, shall review and report to the 

15 Committee on Homeland Security and the Committee on 

16 Appropriations of the House of Representatives and the 

17 Committee on Homeland Security and Governmental Af18 fairs and the Committee on Appropriations of the Senate 

19 on the risk formula and methodology used to award grants 

20 under sections 2003 and 2004 of the Homeland Security 

21 Act of 2002 (6 U.S.C. 604 and 605), including a discus22 sion of any necessary changes to such formula to ensure 

23 grant awards are appropriately based on risk. 

24 (c) COMPTROLLER GENERAL REVIEW.—Not later 

25 than 180 days after the date of enactment of this Act, 


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1 the Comptroller General of the United States shall review 

2 and assess the risk formula and methodology used to 

3 award grants under sections 2003 and 2004 of the Home4 land Security Act of 2002, including— 

5 (1) the process utilized by the Department of 

6 Homeland Security to gather threat information for 

7 each potential State and high-risk urban area; 

8 (2) the extent to which such risk formula and 

9 methodology considers the factors specified in sec10 tion 2007 of the Homeland Security Act of 2002 (6 

11 U.S.C. 608), in particular— 

12 (A) the extent to which the jurisdiction has 

13 unmet core capabilities due to resource con14 straints; 

15 (B) the degree to which a jurisdiction has 

16 been able to address capability gaps with pre17 vious grant awards; and 

18 (C) in the case of a high-risk urban area, 

19 the extent to which such high-risk urban area 

20 includes— 

21 (i) incorporated municipalities, coun22 ties, parishes, and Indian Tribes within the 

23 relevant eligible metropolitan area the in24 clusion of which will enhance regional ef25 forts to prevent, prepare for, protect 


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1 against, and respond to acts of terrorism; 

2 and 

3 (ii) other local and Tribal govern4 ments in the surrounding area that are 

5 likely to be called upon to respond to acts 

6 of terrorism within the high-risk urban 

7 area; and 

8 (3) how grant award amounts are determined. 

9 SEC. 606. ALLOWABLE USES. 

10 Section 2008 of the Homeland Security Act of 2002 

11 (6 U.S.C. 609) is amended— 

12 (1) in subsection (a)— 

13 (A) in the matter preceding paragraph (1), 

14 by striking ‘‘target’’ and inserting ‘‘core’’; 

15 (B) by redesignating paragraphs (6) 

16 through (14) as paragraphs (8) through (16), 

17 respectively; 

18 (C) in paragraph (5), by inserting before 

19 the semicolon at the end the following: ‘‘, pro20 vided such purchases align with the Statewide 

21 Communication Interoperability Plan and are 

22 coordinated with the Statewide Interoperability 

23 Coordinator or Statewide interoperability gov24 ernance body of the State of the recipient’’; and 


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1 (D) by inserting after paragraph (5) the 

2 following new paragraphs: 

3 ‘‘(6) enhancing medical preparedness, medical 

4 surge capacity, and mass prophylaxis capabilities, in5 cluding the development and maintenance of an ini6 tial pharmaceutical stockpile, including medical kits 

7 and diagnostics sufficient to protect first responders, 

8 their families, immediate victims, and vulnerable 

9 populations from a chemical or biological event; 

10 ‘‘(7) enhancing cybersecurity, including pre11 paring for and responding to cybersecurity risks and 

12 incidents (as such terms are defined in section 227) 

13 and developing statewide cyber threat information 

14 analysis and dissemination activities;’’; 

15 (E) in paragraph (8), as so redesignated, 

16 by striking ‘‘Homeland Security Advisory Sys17 tem’’ and inserting ‘‘National Terrorism Advi18 sory System’’; and 

19 (F) in paragraph (14), as so redesignated, 

20 by striking ‘‘3’’ and inserting ‘‘5’’; 

21 (2) in subsection (b)— 

22 (A) in paragraph (3)(B), by striking 

23 ‘‘(a)(10)’’ and inserting ‘‘(a)(12)’’; and 

24 (B) in paragraph (4)(B)(i), by striking 

25 ‘‘target’’ and inserting ‘‘core’’; and 


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1 (3) in subsection (c), by striking ‘‘target’’ and 

2 ‘‘core’’. 

3 SEC. 607. MEMORANDA OF UNDERSTANDING. 

4 (a) IN GENERAL.—Subtitle B of title XX of the 

5 Homeland Security Act of 2002 (6 U.S.C. 611 et seq.) 

6 is amended by adding at the end the following new section: 

7 ‘‘SEC. 2024. MEMORANDA OF UNDERSTANDING WITH DE8 PARTMENTAL COMPONENTS AND OFFICES. 

9 ‘‘The Administrator shall enter into memoranda of 

10 understanding with the heads of the following depart11 mental components and offices delineating the roles and 

12 responsibilities of such components and offices regarding 

13 the policy and guidance for grants under section 1406 of 

14 the Implementing Recommendations of the 9/11 Commis15 sion Act of 2007 (6 U.S.C. 1135), sections 2003 and 2004 

16 of this Act, and section 70107 of title 46, United States 

17 Code, as appropriate: 

18 ‘‘(1) The Commissioner of U.S. Customs and 

19 Border Protection. 

20 ‘‘(2) The Administrator of the Transportation 

21 Security Administration. 

22 ‘‘(3) The Commandant of the Coast Guard. 

23 ‘‘(4) The Under Secretary for Intelligence and 

24 Analysis. 


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1 ‘‘(5) The Director of the Office of Emergency 

2 Communications. 

3 ‘‘(6) The Assistant Secretary for State and 

4 Local Law Enforcement. 

5 ‘‘(7) The Targeted Violence and Terrorism Pre6 vention Director. 

7 ‘‘(8) The Officer for Civil Rights and Civil Lib8 erties. 

9 ‘‘(9) The Chief Medical Officer. 

10 ‘‘(10) The heads of other components or offices 

11 of the Department, as determined by the Sec12 retary.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 in section 1(b) of the Homeland Security Act of 2002 is 

15 amended by inserting after the item relating to section 

16 2023 the following new item: 

‘‘Sec. 2024. Memoranda of understanding with departmental components and 

offices.’’. 

17 SEC. 608. GRANTS METRICS. 

18 (a) IN GENERAL.—To determine the extent to which 

19 grants under sections 2003 and 2004 of the Homeland 

20 Security Act of 2002 (6 U.S.C. 603 and 604) have closed 

21 capability gaps identified in State Preparedness Reports 

22 required under subsection (c) of section 652 of the Post23 Katrina Emergency Management Reform Act of 2006 (6 

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1 rity Appropriations Act, 2007; Public Law 109–295) and 

2 Threat and Hazard Identification and Risk Assessments 

3 required under subsections (e) and (f) of such sections 

4 2003 and 2004, respectively, as added by this title, from 

5 each State and high-risk urban area, the Administrator 

6 of the Federal Emergency Management Agency shall con7 duct and submit to the Committee on Homeland Security 

8 and the Committee on Transportation and Infrastructure 

9 of the House of Representatives and the Committee on 

10 Homeland Security and Governmental Affairs of the Sen11 ate an assessment of information provided in such Reports 

12 and Assessments. 

13 (b) ASSESSMENT REQUIREMENTS.—The assessment 

14 required under subsection (a) shall include a comparison 

15 of successive State Preparedness Reports and Threat and 

16 Hazard Identification and Risk Assessments that aggre17 gates results across the States and high-risk urban areas. 

18 SEC. 609. GRANT MANAGEMENT BEST PRACTICES. 

19 The Administrator of the Federal Emergency Man20 agement Agency shall include in the annual Notice of 

21 Funding Opportunity relating to grants under sections 

22 2003 and 2004 of the Homeland Security Act of 2002 

23 (6 U.S.C. 604 and 605) an appendix that includes the fol24 lowing: 


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1 (1) A summary of findings identified by the Of2 fice of the Inspector General of the Department of 

3 Homeland Security in audits of such grants and 

4 methods to address areas identified for improve5 ment, including opportunities for technical assist6 ance. 

7 (2) Innovative projects and best practices insti8 tuted by grant recipients. 

9 SEC. 610. PROHIBITION ON CONSOLIDATION. 

10 The Secretary of Homeland Security may not imple11 ment the National Priorities Security Grant Program or 

12 any successor consolidated grant program unless the Sec13 retary receives prior authorization from Congress permit14 ting such implementation. 

15 SEC. 611. MAINTENANCE OF GRANT INVESTMENTS. 

16 Section 2008 of the Homeland Security Act of 2002 

17 (6 U.S.C. 609), as amended by this title, is further amend18 ed by adding at the end the following new subsection: 

19 ‘‘(h) MAINTENANCE OF EQUIPMENT.—Any applicant 

20 for a grant under section 2003 or 2004 seeking to use 

21 funds to purchase equipment, including pursuant to para22 graph (3), (4), (5), or (12) of subsection (a) of this sec23 tion, shall by the time of the receipt of such grant develop 

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1 cycle that includes information identifying which entity is 

2 responsible for such maintenance.’’. 

3 SEC. 612. ALLOWABLE USES OF FUNDS FOR PUBLIC TRANS4 PORTATION SECURITY ASSISTANCE GRANTS. 

5 Subparagraph (A) of section 1406(b)(2) of the Imple6 menting Recommendations of the 9/11 Commission Act of 

7 2007 (6 U.S.C. 1135(b)(2)(A); Public Law 110–53) is 

8 amended by inserting ‘‘and associated backfill’’ after ‘‘se9 curity training’’. 

10 SEC. 613. PERIODS OF PERFORMANCE FOR PUBLIC TRANS11 PORTATION SECURITY ASSISTANCE GRANTS. 

12 Section 1406 of the Implementing Recommendations 

13 of the 9/11 Commission Act of 2007 (6 U.S.C. 1135; Pub14 lic Law 110–53) is amended by striking subsection (m) 

15 and inserting the following new subsections: 

16 ‘‘(m) PERIODS OF PERFORMANCE.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), funds provided pursuant to a grant 

19 awarded under this section for a use specified in 

20 subsection (b) shall remain available for use by a 

21 grant recipient for a period of not fewer than 36 

22 months. 

23 ‘‘(2) EXCEPTION.—Funds provided pursuant to 

24 a grant awarded under this section for a use speci25 fied in subparagraph (M) or (N) of subsection (b)(1) 


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1 shall remain available for use by a grant recipient 

2 for a period of not fewer than 55 months. 

3 ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There 

4 is authorized to be appropriated for grants under this sec5 tion $200,000,000 for each of fiscal years 2021 through 

6 2022.’’. 

7 SEC. 614. COMPTROLLER GENERAL REVIEW OF PUBLIC 

8 TRANSPORTATION SECURITY ASSISTANCE 

9 GRANT PROGRAM. 

10 (a) IN GENERAL.—The Comptroller General of the 

11 United States shall conduct a review of the public trans12 portation security assistance grant program under section 

13 1406 of the Implementing Recommendations of the 9/11 

14 Commission Act of 2007 (6 U.S.C. 1135; Public Law 

15 110–53). 

16 (b) SCOPE.—The review required under paragraph 

17 (1) shall include the following: 

18 (1) An assessment of the type of projects fund19 ed under the public transportation security grant 

20 program referred to in such paragraph. 

21 (2) An assessment of the manner in which such 

22 projects address threats to public transportation in23 frastructure. 

24 (3) An assessment of the impact, if any, of this 

25 Act (including the amendments made by this Act) on 


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1 types of projects funded under the public transpor2 tation security assistance grant program. 

3 (4) An assessment of the management and ad4 ministration of public transportation security assist5 ance grant program funds by grantees. 

6 (5) Recommendations to improve the manner in 

7 which public transportation security assistance grant 

8 program funds address vulnerabilities in public 

9 transportation infrastructure. 

10 (6) Recommendations to improve the manage11 ment and administration of the public transportation 

12 security assistance grant program. 

13 (c) REPORT.—Not later than 1 year after the date 

14 of the enactment of this Act and again not later than five 

15 years after such date of enactment, the Comptroller Gen16 eral shall submit to the Committee on Homeland Security 

17 of the House of Representatives and the Committee on 

18 Homeland Security and Governmental Affairs of the Sen19 ate a report on the review required under this section. 

20 SEC. 615. PORT SECURITY GRANT PROGRAM. 

21 Section 70107 of title 46, United States Code, is 

22 amended by— 

23 (1) striking subsection (l); 

24 (2) redesignating subsection (m) as subsection 

25 (l); and 


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1 (3) by adding at the end the following new sub2 sections: 

3 ‘‘(n) PERIOD OF PERFORMANCE.—The Secretary 

4 shall make funds provided under this section available for 

5 use by a recipient of a grant for a period of not less than 

6 36 months. 

7 ‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—There 

8 is authorized to be appropriated for grants under this sec9 tion $200,000,000 for each of fiscal years 2021 through 

10 2022.’’. 

11 SEC. 616. CYBER PREPAREDNESS. 

12 (a) IN GENERAL.—Section 2209 of the Homeland 

13 Security Act of 2002 (6 U.S.C. 659) is amended— 

14 (1) in subsection (c)— 

15 (A) in paragraph (5)(B), by inserting ‘‘, 

16 including State, local, and regional fusion cen17 ters, as appropriate’’ before the semicolon at 

18 the end; 

19 (B) in paragraph (7), in the matter pre20 ceding subparagraph (A), by striking ‘‘informa21 tion and recommendations’’ each place it ap22 pears and inserting ‘‘information, recommenda23 tions, and best practices’’; and 

24 (C) in paragraph (9), by inserting ‘‘best 

25 practices,’’ after ‘‘defensive measures,’’; and 


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1 (2) in subsection (d)(1)(B)(ii), by inserting 

2 ‘‘and State, local, and regional fusion centers, as ap3 propriate’’ before the semicolon at the end. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that to facilitate the timely dissemination to appro6 priate State, local, and private sector stakeholders of 

7 homeland security information related to cyber threats, 

8 the Secretary of Homeland Security should, to the great9 est extent practicable, work to share actionable informa10 tion in an unclassified form related to such threats. 

11 SEC. 617. OPERATION STONEGARDEN. 

12 (a) IN GENERAL.—Subtitle A of title XX of the 

13 Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) 

14 is amended by adding at the end the following new section: 

15 ‘‘SEC. 2009. OPERATION STONEGARDEN. 

16 ‘‘(a) ESTABLISHMENT.—There is established in the 

17 Department a program to be known as ‘Operation 

18 Stonegarden’, under which the Secretary, acting through 

19 the Administrator, shall make grants to eligible law en20 forcement agencies, through the State administrative 

21 agency, to enhance border security in accordance with this 

22 section. 

23 ‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re24 ceive a grant under this section, a law enforcement agen25 cy— 


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1 ‘‘(1) shall be located in— 

2 ‘‘(A) a State bordering Canada or Mexico; 

3 or 

4 ‘‘(B) a State or territory with a maritime 

5 border; and 

6 ‘‘(2) shall be involved in an active, ongoing, 

7 U.S. Customs and Border Protection operation co8 ordinated through a U.S. Border Patrol sector of9 fice. 

10 ‘‘(b) PERMITTED USES.—The recipient of a grant 

11 under this section may use such grant for— 

12 ‘‘(1) equipment, including maintenance and 

13 sustainment costs; 

14 ‘‘(2) personnel, including overtime and backfill, 

15 in support of enhanced border law enforcement ac16 tivities; 

17 ‘‘(3) any activity permitted for Operation 

18 Stonegarden under the Department of Homeland 

19 Security’s most recent Homeland Security Grant 

20 Program Notice of Funding Opportunity; and 

21 ‘‘(4) any other appropriate activity, as deter22 mined by the Administrator, in consultation with the 

23 Commissioner of U.S. Customs and Border Protec24 tion. 


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1 ‘‘(c) PERIOD OF PERFORMANCE.—The Secretary 

2 shall award grants under this section to grant recipients 

3 for a period of not less than 36 months. 

4 ‘‘(d) REPORT.—For each of fiscal years 2021 and 

5 2022, the Administrator shall submit to the Committee 

6 on Homeland Security and Governmental Affairs of the 

7 Senate and the Committee on Homeland Security of the 

8 House of Representatives a report that contains informa9 tion on the expenditure of grants made under this section 

10 by each grant recipient. 

11 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

12 is authorized to be appropriated $110,000,000 for each 

13 of fiscal years 2021 and 2022 for grants under this sec14 tion.’’. 

15 (b) CONFORMING AMENDMENT.—Subsection (a) of 

16 section 2002 of the Homeland Security Act of 2002 (6 

17 U.S.C. 603) is amended to read as follows: 

18 ‘‘(a) GRANTS AUTHORIZED.—The Secretary, through 

19 the Administrator, may award grants under sections 2003, 

20 2004, 2009, and 2010 to State, local, and Tribal govern21 ments, as appropriate.’’. 

22 (c) CLERICAL AMENDMENT.—The table of contents 

23 in section 1(b) of the Homeland Security Act of 2002 is 

24 amended by inserting after the item relating to section 

25 2008 the following new item: 

‘‘Sec. 2009. Operation Stonegarden.’’. 


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1 Subtitle B—Communications 

2 SEC. 621. OFFICE OF EMERGENCY COMMUNICATIONS. 

3 The Secretary of Homeland Security may not change 

4 the location or reporting structure of the Office of Emer5 gency Communications of the Department of Homeland 

6 Security unless the Secretary receives prior authorization 

7 from the Committee on Homeland Security of the House 

8 of Representatives and the Committee on Homeland Secu9 rity and Governmental Affairs of the Senate permitting 

10 such change. 

11 SEC. 622. RESPONSIBILITIES OF OFFICE OF EMERGENCY 

12 COMMUNICATIONS DIRECTOR. 

13 (a) IN GENERAL.—Subsection (c) of section 1801 of 

14 the Homeland Security Act of 2002 (6 U.S.C. 571) is 

15 amended— 

16 (1) by striking paragraph (3); 

17 (2) by redesignating paragraphs (4) through 

18 (16) as paragraphs (3) through (15), respectively; 

19 (3) in paragraph (8), as so redesignated, by 

20 striking ‘‘, in cooperation with the National Commu21 nications System,’’; 

22 (4) in paragraph (11), as so redesignated, by 

23 striking ‘‘Assistant Secretary for Grants and Train24 ing’’ and inserting ‘‘Administrator of the Federal 

25 Emergency Management Agency’’; 


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1 (5) in paragraph (14), as so redesignated, by 

2 striking ‘‘and’’ at the end; 

3 (6) in paragraph (15), as so redesignated, by 

4 striking the period at the end and inserting a semi5 colon; and 

6 (7) by adding at the end the following new 

7 paragraphs: 

8 ‘‘(16) administer the Government Emergency 

9 Telecommunications Service (GETS) and Wireless 

10 Priority Service (WPS) programs, or successor pro11 grams; and 

12 ‘‘(17) assess the impact of emerging tech13 nologies on interoperable emergency communica14 tions.’’. 

15 (b) PERFORMANCE OF PREVIOUSLY TRANSFERRED

16 FUNCTIONS.—Subsection (d) of section 1801 of the 

17 Homeland Security Act of 2002 is amended by— 

18 (1) striking paragraph (2); and 

19 (2) redesignating paragraph (3) as paragraph 

20 (2). 

21 SEC. 623. ANNUAL REPORTING ON ACTIVITIES OF THE OF22 FICE OF EMERGENCY COMMUNICATIONS. 

23 Subsection (f) of section 1801 of the Homeland Secu24 rity Act of 2002 (6 U.S.C. 571) is amended to read as 

25 follows: 


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1 ‘‘(f) ANNUAL REPORTING OF OFFICE ACTIVITIES.— 

2 The Director of the Office of Emergency Communications 

3 shall, not later than one year after the date of the enact4 ment of this subsection and annually thereafter for each 

5 of the next four years, report to the Committee on Home6 land Security and the Committee on Energy and Com7 merce of the House of Representatives and the Committee 

8 on Homeland Security and Governmental Affairs of the 

9 Senate on the activities and programs of the Office, in10 cluding specific information on efforts to carry out para11 graphs (4), (5), and (6) of subsection (c).’’. 

12 SEC. 624. NATIONAL EMERGENCY COMMUNICATIONS PLAN. 

13 Section 1802 of the Homeland Security Act of 2002 

14 (6 U.S.C. 572) is amended— 

15 (1) in subsection (a), in the matter preceding 

16 paragraph (1)— 

17 (A) by striking ‘‘, and in cooperation with 

18 the Department of National Communications 

19 System (as appropriate),’’; and 

20 (B) by inserting ‘‘, but not less than once 

21 every five years,’’ after ‘‘periodically’’; and 

22 (2) in subsection (c)— 

23 (A) by redesignating paragraphs (3) 

24 through (10) as paragraphs (4) through (11), 

25 respectively; and 


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1 (B) by inserting after paragraph (2) the 

2 following new paragraph: 

3 ‘‘(3) consider the impact of emerging tech4 nologies on the attainment of interoperable emer5 gency communications;’’. 

6 SEC. 625. TECHNICAL EDIT. 

7 Paragraph (1) of section 1804(b) of the Homeland 

8 Security Act of 2002 (6 U.S.C. 574(b)), in the matter pre9 ceding subparagraph (A), by striking ‘‘Assistant Secretary 

10 for Grants and Planning’’ and inserting ‘‘Administrator 

11 of the Federal Emergency Management Agency’’. 

12 SEC. 626. PUBLIC SAFETY BROADBAND NETWORK. 

13 The Director of the Cybersecurity and Infrastructure 

14 Security Agency of the Department of Homeland Security 

15 shall provide to the Committee on Homeland Security and 

16 the Committee on Energy and Commerce of the House 

17 of Representatives and the Committee on Homeland Secu18 rity and Governmental Affairs of the Senate information 

19 on the Department of Homeland Security’s responsibilities 

20 related to the development of the nationwide Public Safety 

21 Broadband Network authorized in section 6202 of the 

22 Middle Class Tax Relief and Job Creation Act of 2012 

23 (47 U.S.C. 1422; Public Law 112–96), including informa24 tion on efforts by the Department to work with the First 

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1 merce to identify and address cyber risks that could im2 pact the near term or long term availability and operations 

3 of such network and recommendations to mitigate such 

4 risks. 

5 SEC. 627. COMMUNICATIONS TRAINING. 

6 The Under Secretary for Management of the Depart7 ment of Homeland Security, in coordination with the ap8 propriate component heads, shall develop a mechanism, 

9 consistent with the strategy required pursuant to section 

10 4 of the Department of Homeland Security Interoperable 

11 Communications Act (Public Law 114–29; 6 U.S.C. 194 

12 note), to verify that radio users within the Department 

13 receive initial and ongoing training on the use of the radio 

14 systems of such components, including interagency radio 

15 use protocols. 

16 Subtitle C—Federal Emergency 

17 Management Agency (FEMA) 

18 SEC. 631. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘FEMA Reauthor20 ization Act of 2019’’. 

21 SEC. 632. REAUTHORIZATION OF FEDERAL EMERGENCY 

22 MANAGEMENT AGENCY. 

23 Section 699 of the Post-Katrina Emergency Manage24 ment Reform Act of 2006 (Public Law 109–295; 6 U.S.C. 

25 811) is amended— 


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1 (1) by striking ‘‘administration and operations’’ 

2 each place it appears and inserting ‘‘management 

3 and administration’’; 

4 (2) in paragraph (2), by striking ‘‘; and’’; 

5 (3) in paragraph (3), by striking the period and 

6 inserting ‘‘; and’’; and 

7 (4) by adding at the end the following: 

8 ‘‘(4) for fiscal year 2021, $1,124,242,980; and 

9 ‘‘(5) for fiscal year 2022, $1,146,727,840.’’. 

10 SEC. 633. NATIONAL DOMESTIC PREPAREDNESS CONSOR11 TIUM. 

12 Section 1204 of the Implementing Recommendations 

13 of the 9/11 Commission Act (6 U.S.C. 1102) is amend14 ed— 

15 (1) in subsection (b)(4), by striking ‘‘Rescue’’ 

16 and inserting ‘‘Recovery’’; 

17 (2) in subsection (c), by inserting ‘‘to the extent 

18 practicable, provide training in settings that simu19 late real response environments, such as urban 

20 areas,’’ after ‘‘levels,’’; 

21 (3) in subsection (d), by striking paragraphs 

22 (1) and (2) and inserting the following: 

23 ‘‘(1) for the Center for Domestic Prepared24 ness— 

25 ‘‘(A) $68,131,920 for fiscal year 2021; and 


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1 ‘‘(B) $69,494,558 for fiscal year 2022; and 

2 ‘‘(2) for the members referred to in paragraphs 

3 (2) through (7) of subsection (b)— 

4 ‘‘(A) $103,020,000 for fiscal year 2021; 

5 and 

6 ‘‘(B) $105,080,400 for fiscal year 2022.’’; 

7 and 

8 (4) in subsection (e) by striking— 

9 (A) ‘‘each of the following entities’’ and in10 serting ‘‘members enumerated in section (b)’’; 

11 (B) ‘‘2007—’’ and inserting ‘‘2015.’’; and 

12 (C) paragraphs (1) through (5). 

13 SEC. 634. RURAL DOMESTIC PREPAREDNESS CONSORTIUM. 

14 (a) IN GENERAL.—The Secretary of Homeland Secu15 rity is authorized to establish a Rural Domestic Prepared16 ness Consortium within the Department of Homeland Se17 curity consisting of universities and nonprofit organiza18 tions qualified to provide training to emergency response 

19 providers from rural communities. 

20 (b) DUTIES.—The Rural Domestic Preparedness 

21 Consortium authorized under subsection (a) shall identify, 

22 develop, test, and deliver training to State, local, and Trib23 al emergency response providers from rural communities, 

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1 livery of training by the training partners of the Depart2 ment of Homeland Security. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—Of 

4 amounts appropriated for Continuing Training Grants of 

5 the Department of Homeland Security, $5,000,000 is au6 thorized to be used for the Rural Domestic Preparedness 

7 Consortium authorized under subsection (a). 

8 SEC. 635. CENTER FOR FAITH-BASED AND NEIGHBORHOOD 

9 PARTNERSHIPS. 

10 (a) IN GENERAL.—Title V of the Homeland Security 

11 Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding 

12 at the end the following new section: 

13 ‘‘SEC. 529. CENTER FOR FAITH-BASED AND NEIGHBORHOOD 

14 PARTNERSHIPS. 

15 ‘‘(a) IN GENERAL.—There is established in the Agen16 cy a Center for Faith-Based and Neighborhood Partner17 ships, headed by a Director appointed by the Secretary. 

18 ‘‘(b) MISSION.—The mission of the Center shall be 

19 to develop and coordinate Departmental outreach efforts 

20 with faith-based and community organizations and serve 

21 as a liaison between such organizations and components 

22 of the Department for activities related to securing facili23 ties, emergency preparedness and response, and com24 bating human trafficking. 


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1 ‘‘(c) RESPONSIBILITIES.—In support of the mission 

2 of the Center for Faith-Based and Neighborhood Partner3 ships, the Director shall— 

4 ‘‘(1) develop exercises that engage faith-based 

5 and community organizations to test capabilities for 

6 all hazards, including active shooter incidents; 

7 ‘‘(2) coordinate the delivery of guidance and 

8 training to faith-based and community organizations 

9 related to securing their facilities against natural 

10 disasters, acts of terrorism, and other man-made 

11 disasters; 

12 ‘‘(3) conduct outreach to faith-based and com13 munity organizations regarding guidance, applicable 

14 grant programs, training, and exercises and Depart15 mental capabilities available to assist faith-based 

16 and community organizations to secure their facili17 ties against natural disasters, acts of terrorism, and 

18 other man-made disasters; 

19 ‘‘(4) facilitate engagement and coordination 

20 among the emergency management community and 

21 faith-based and community organizations; 

22 ‘‘(5) deliver training and technical assistance to 

23 faith-based and community-based organizations and 

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1 cessfully partner with other Blue Campaign compo2 nents; and 

3 ‘‘(6) perform any other duties as assigned by 

4 the Administrator.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 in section 1(b) of the Homeland Security Act of 2002 is 

7 amended by inserting after the item relating to section 

8 528 the following new item: 

‘‘Sec. 529. Center for Faith-Based and Neighborhood Partnerships.’’. 

9 SEC. 636. EMERGENCY SUPPORT FUNCTIONS. 

10 (a) UPDATE.—Paragraph (13) of section 504(a) of 

11 the Homeland Security Act of 2002 (6 U.S.C. 314(a)) is 

12 amended by inserting ‘‘, periodically updating (but not less 

13 often than once every five years),’’ after ‘‘administering’’. 

14 (b) EMERGENCY SUPPORT FUNCTIONS.—Section 

15 653 of the Post-Katrina Emergency Management Reform 

16 Act of 2006 (6 U.S.C. 753; title VI of the Department 

17 of Homeland Security Appropriations Act, 2007; Public 

18 Law 109–295) is amended— 

19 (1) by redesignating subsections (d) and (e) as 

20 subsections (e) and (f), respectively; and 

21 (2) by inserting after subsection (c) the fol22 lowing new subsection: 

23 ‘‘(d) COORDINATION.—The President, acting through 

24 the Administrator, shall develop and provide to Federal 

25 departments and agencies with coordinating, primary, or 


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1 supporting responsibilities under the National Response 

2 Framework performance metrics to ensure readiness to 

3 execute responsibilities under the emergency support func4 tions of such Framework.’’. 

5 SEC. 637. REVIEW OF NATIONAL INCIDENT MANAGEMENT 

6 SYSTEM. 

7 Paragraph (2) of section 509(b) of the Homeland Se8 curity Act of 2002 (6 U.S.C. 319(b)) is amended, in the 

9 matter preceding subparagraph (A), by inserting ‘‘, but 

10 not less often than once every five years,’’ after ‘‘periodi11 cally’’. 

12 SEC. 638. REMEDIAL ACTION MANAGEMENT PROGRAM. 

13 Section 650 of the Post-Katrina Emergency Manage14 ment Reform Act of 2006 (6 U.S.C. 750; title VI of the 

15 Department of Homeland Security Appropriations Act, 

16 2007; Public Law 109–295) is amended to read as follows: 

17 ‘‘SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM. 

18 ‘‘(a) IN GENERAL.—The Administrator, in coordina19 tion with the National Council on Disability and the Na20 tional Advisory Council, shall establish a remedial action 

21 management program to— 

22 ‘‘(1) analyze training, exercises, and real world 

23 events to identify lessons learned, corrective actions, 

24 and best practices; 


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1 ‘‘(2) generate and disseminate, as appropriate, 

2 the lessons learned, corrective actions, and best 

3 practices referred to in paragraph (1); and 

4 ‘‘(3) conduct remedial action tracking and long5 term trend analysis. 

6 ‘‘(b) FEDERAL CORRECTIVE ACTIONS.—The Admin7 istrator, in coordination with the heads of appropriate 

8 Federal departments and agencies, shall utilize the pro9 gram established pursuant to subsection (a) to collect in10 formation on corrective actions identified by such Federal 

11 departments and agencies during exercises and the re12 sponse to natural disasters, acts of terrorism, and other 

13 man-made disasters, and shall, not later than one year 

14 after the date of the enactment of this section and annu15 ally thereafter for each of the next four years, submit to 

16 Congress a report on the status of such corrective actions. 

17 ‘‘(c) DISSEMINATION OF AFTER-ACTION REPORTS.— 

18 The Administrator shall provide electronically, to the max19 imum extent practicable, to Congress and Federal, State, 

20 local, Tribal, and private sector officials after-action re21 ports and information on lessons learned and best prac22 tices from responses to acts of terrorism, natural disas23 ters, capstone exercises conducted under the national exer24 cise program under section 648(b), and other emergencies 

25 or exercises.’’. 


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1 SEC. 639. STRATEGIC HUMAN CAPITAL PLAN. 

2 Subsection (c) of section 10102 of title 5, United 

3 States Code, is amended by striking ‘‘2007’’ and inserting 

4 ‘‘2021’’. 

5 SEC. 640. OFFICE OF DISABILITY INTEGRATION AND CO6 ORDINATION. 

7 (a) OFFICE OF DISABILITY INTEGRATION AND CO8 ORDINATION.— 

9 (1) IN GENERAL.—Section 513 of the Home10 land Security Act of 2002 (6 U.S.C. 321b) is 

11 amended to read as follows: 

12 ‘‘SEC. 513. OFFICE OF DISABILITY INTEGRATION AND CO13 ORDINATION. 

14 ‘‘(a) IN GENERAL.—There is established within the 

15 Federal Emergency Management Agency an Office of Dis16 ability Integration and Coordination, which shall be head17 ed by a Director. 

18 ‘‘(b) MISSION.—The mission of the Office is to en19 sure that individuals with disabilities and other access and 

20 functional needs are included in emergency management 

21 activities throughout the Agency by providing guidance, 

22 tools, methods, and strategies for the purpose of equal 

23 physical program and effective communication access. 

24 ‘‘(c) RESPONSIBILITIES.—In support of the mission 

25 of the Office, the Director shall— 


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1 ‘‘(1) provide guidance and coordination on mat2 ters related to individuals with disabilities in emer3 gency planning requirements and relief efforts in the 

4 event of a natural disaster, act of terrorism, or other 

5 man-made disaster; 

6 ‘‘(2) oversee Office staff and personnel respon7 sible for disability integration in each regional office 

8 with respect to carrying out the mission of the Of9 fice; 

10 ‘‘(3) liaise with the staff of the Agency includ11 ing nonpermanent employees, organizations rep12 resenting individuals with disabilities, other agencies 

13 of the Federal Government, and State, local, and 

14 Tribal government authorities regarding the needs of 

15 individuals with disabilities in emergency planning 

16 requirements and relief efforts in the event of a nat17 ural disaster, act of terrorism, or other man-made 

18 disaster; 

19 ‘‘(4) consult with organizations representing in20 dividuals with disabilities about access and func21 tional needs in emergency planning requirements 

22 and relief efforts in the event of a natural disaster, 

23 act of terrorism, or other man-made disaster; 


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1 ‘‘(5) ensure the coordination and dissemination 

2 of best practices and model evacuation plans for in3 dividuals with disabilities; 

4 ‘‘(6) collaborate with Agency leadership respon5 sible for training to ensure that qualified experts de6 velop easily accessible training materials and a cur7 riculum for the training of emergency response pro8 viders, State, local, and Tribal government officials, 

9 and others on the needs of individuals with disabil10 ities; 

11 ‘‘(7) coordinate with the Emergency Manage12 ment Institute, Center for Domestic Preparedness, 

13 Center for Homeland Defense and Security, U.S. 

14 Fire Administration, National Exercise Program, 

15 and National Domestic Preparedness Consortium to 

16 ensure that content related to persons with disabil17 ities, access and functional needs, and children are 

18 integrated into existing and future emergency man19 agement trainings; 

20 ‘‘(8) promote the accessibility of telephone hot21 lines and websites regarding emergency prepared22 ness, evacuations, and disaster relief; 

23 ‘‘(9) work to ensure that video programming 

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1 formation accessible to individuals with hearing and 

2 vision disabilities; 

3 ‘‘(10) ensure the availability of accessible trans4 portation options for individuals with disabilities in 

5 the event of an evacuation; 

6 ‘‘(11) provide guidance and implement policies 

7 to ensure that the rights and feedback of individuals 

8 with disabilities regarding post-evacuation residency 

9 and relocation are respected; 

10 ‘‘(12) ensure that meeting the needs of individ11 uals with disabilities are included in the components 

12 of the national preparedness system established 

13 under section 644 of the Post-Katrina Emergency 

14 Management Reform Act of 2006 (Public Law 109– 

15 295; 120 Stat. 1425; 6 U.S.C. 744); and 

16 ‘‘(13) perform any other duties as assigned by 

17 the Administrator. 

18 ‘‘(d) DIRECTOR.—After consultation with organiza19 tions representing individuals with disabilities, the Admin20 istrator shall appoint a Director. The Director shall report 

21 directly to the Administrator, in order to ensure that the 

22 needs of individuals with disabilities are being properly ad23 dressed in emergency preparedness and disaster relief. 

24 ‘‘(e) ORGANIZATIONS REPRESENTING INDIVIDUALS

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1 tion, the term ‘organizations representing individuals with 

2 disabilities’ shall mean the National Council on Disabil3 ities and the Interagency Coordinating Council on Pre4 paredness and Individuals with Disabilities, among other 

5 appropriate disability organizations.’’. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents in section 1(b) of such Act is amended by 

8 striking the item relating to section 513 and insert9 ing the following new item: 

‘‘Sec. 513. Office of Disability Integration and Coordination.’’. 

10 (b) REPORTING.— 

11 (1) REPORT TO CONGRESS.—Not later than 

12 120 days after the date of the enactment of this sec13 tion, the Administrator shall submit to Congress a 

14 report on the funding and staffing needs of the Of15 fice of Disability Integration and Coordination under 

16 section 513 of the Homeland Security Act of 2002, 

17 as amended by subsection (a). 

18 (2) COMPTROLLER GENERAL REVIEW.—Not 

19 later than 120 days after the date of the submission 

20 of the report under paragraph (1), the Comptroller 

21 General of the United States shall review the report 

22 to evaluate whether the funding and staffing needs 

23 described in the report are sufficient to support the 

24 activities of the Office of Disability Integration and 

25 Coordination. 


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1 SEC. 641. FEMA SENIOR LAW ENFORCEMENT ADVISOR. 

2 (a) IN GENERAL.—Title V of the Homeland Security 

3 Act of 2002 (6 U.S.C. 311 et seq.), as amended by this 

4 title, is further amended by adding at the end the fol5 lowing new section: 

6 ‘‘SEC. 530. SENIOR LAW ENFORCEMENT ADVISOR. 

7 ‘‘(a) ESTABLISHMENT.—There is established in the 

8 Agency a Senior Law Enforcement Advisor to serve as a 

9 qualified expert to the Administrator for the purpose of 

10 strengthening the Agency’s coordination among State, 

11 local, and Tribal law enforcement. 

12 ‘‘(b) QUALIFICATIONS.—The Senior Law Enforce13 ment Advisor shall have an appropriate background with 

14 experience in law enforcement, intelligence, information 

15 sharing, and other emergency response functions. 

16 ‘‘(c) RESPONSIBILITIES.—The Senior Law Enforce17 ment Advisor shall— 

18 ‘‘(1) coordinate on behalf of the Administrator 

19 with the Office for State and Local Law Enforce20 ment under section 2006 for the purpose of ensuring 

21 State, local, and Tribal law enforcement receive con22 sistent and appropriate consideration in policies, 

23 guidance, training, and exercises related to pre24 venting, preparing for, protecting against, and re25 sponding to natural disasters, acts of terrorism, and 

26 other man-made disasters within the United States; 


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1 ‘‘(2) work with the Administrator and the Of2 fice for State and Local Law Enforcement under 

3 section 2006 to ensure grants to State, local, and 

4 Tribal government agencies, including programs 

5 under sections 2003, 2004, and 2006(a), appro6 priately focus on terrorism prevention activities; and 

7 ‘‘(3) serve other appropriate functions as deter8 mined by the Administrator.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 in section 1(b) of the Homeland Security Act of 2002 is 

11 amended by inserting after the item relating to section 

12 529, as added by this title, the following new item: 

‘‘Sec. 530. Senior Law Enforcement Advisor.’’. 

13 SEC. 642. TECHNICAL AMENDMENTS TO NATIONAL EMER14 GENCY MANAGEMENT. 

15 (a) HOMELAND SECURITY ACT OF 2002.—Title V of 

16 the Homeland Security Act of 2002 (6 U.S.C. 501 et seq.) 

17 is amended— 

18 (1) in section 501(8) (6 U.S.C. 311(8))— 

19 (A) by striking ‘‘National Response Plan’’ 

20 each place it appears and inserting ‘‘National 

21 Response Framework’’; and 

22 (B) by striking ‘‘502(a)(6)’’ and inserting 

23 ‘‘504(a)(6)’’; 


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1 (2) in section 503(b)(2)(A) (6 U.S.C. 313) by 

2 inserting ‘‘and incidents impacting critical infra3 structure’’ before the semicolon; 

4 (3) in section 504(a) (6 U.S.C. 314(a))— 

5 (A) in paragraph (3) by striking ‘‘, includ6 ing—’’ and inserting ‘‘(that includes incidents 

7 impacting critical infrastructure), including—’’; 

8 (B) in paragraph (4) by inserting ‘‘, in9 cluding incidents impacting critical infrastruc10 ture’’ before the semicolon; 

11 (C) in paragraph (5) by striking ‘‘and 

12 local’’ and inserting ‘‘local, and Tribal’’; 

13 (D) in paragraph (6) by striking ‘‘national 

14 response plan’’ and inserting ‘‘national response 

15 framework, which shall be reviewed and up16 dated as required but not less than every 5 

17 years’’; 

18 (E) by redesignating paragraphs (7) 

19 through (21) as paragraphs (8) through (22), 

20 respectively; 

21 (F) by inserting after paragraph (6) the 

22 following: 

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1 covery with such frameworks reviewed and updated 

2 as required, but not less than every 5 years;’’; and 

3 (G) in paragraph (14), as so redesignated, 

4 by striking ‘‘National Response Plan’’ each 

5 place it appears and inserting ‘‘National Re6 sponse Framework’’; 

7 (4) in section 507 (6 U.S.C. 317)— 

8 (A) in subsection (c)— 

9 (i) in paragraph (2)(E), by striking 

10 ‘‘National Response Plan’’ and inserting 

11 ‘‘National Response Framework’’; and 

12 (ii) in paragraph (3)(A), by striking 

13 ‘‘National Response Plan’’ and inserting 

14 ‘‘National Response Framework’’; and 

15 (B) in subsection (f)(1)(G), by striking 

16 ‘‘National Response Plan’’ and inserting ‘‘Na17 tional Response Framework’’; 

18 (5) in section 508 (6 U.S.C. 318)— 

19 (A) in subsection (b)(1), by striking ‘‘Na20 tional Response Plan’’ and inserting ‘‘National 

21 Response Framework’’; and 

22 (B) in subsection (d)(2)(A), by striking 

23 ‘‘The Deputy Administrator, Protection and 

24 National Preparedness’’ and inserting ‘‘A Dep25 uty Administrator’’; 


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1 (6) in section 509 (6 U.S.C. 319)— 

2 (A) in subsection (b)— 

3 (i) in paragraph (1)— 

4 (I) by striking ‘‘National Re5 sponse Plan’’ and inserting ‘‘National 

6 Response Framework, National Pro7 tection Framework, National Preven8 tion Framework, National Mitigation 

9 Framework, National Recovery 

10 Framework’’; 

11 (II) by striking ‘‘successor’’ and 

12 inserting ‘‘successors’’; and 

13 (III) by striking ‘‘plan’’ at the 

14 end of that paragraph and inserting 

15 ‘‘framework’’; and 

16 (ii) in paragraph (2), by striking ‘‘Na17 tional Response Plan’’ each place it ap18 pears and inserting ‘‘National Response 

19 Framework’’; and 

20 (B) in subsection (c)(1)— 

21 (i) in subparagraph (A)— 

22 (I) by striking ‘‘NATIONAL RE23 SPONSE PLAN’’ in the header and in24 serting ‘‘NATIONAL RESPONSE

25 FRAMEWORK’’; and 


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1 (II) by striking ‘‘National Re2 sponse Plan’’ in the text and inserting 

3 ‘‘National Response Framework’’; and 

4 (ii) in subparagraph (B), by striking 

5 ‘‘National Response Plan’’ and inserting 

6 ‘‘National Response Framework’’; 

7 (7) in section 510 (6 U.S.C. 320)— 

8 (A) in subsection (a), by striking ‘‘enter 

9 into a memorandum of understanding’’ and in10 serting ‘‘partner’’; 

11 (B) in subsection (b)(1)(A), by striking 

12 ‘‘National Response Plan’’ and inserting ‘‘Na13 tional Response Framework’’; and 

14 (C) in subsection (c), by striking ‘‘National 

15 Response Plan’’ and inserting ‘‘National Re16 sponse Framework’’; 

17 (8) in section 515(c)(1) (6 U.S.C. 321d(c)(1)), 

18 by striking ‘‘and local’’ each place it appears and in19 serting ‘‘, local, and Tribal’’; 

20 (9) by striking section 524 (6 U.S.C. 321m); 

21 and 

22 (10) in section 525(a) (6 U.S.C. 321n), by 

23 striking ‘‘Secretary’’ and inserting ‘‘Administrator’’. 

24 (b) POST-KATRINA EMERGENCY MANAGEMENT RE25 FORM ACT OF 2006.— 


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1 (1) CITATION CORRECTION.—Section 602(13) 

2 of the Post-Katrina Emergency Management Reform 

3 Act of 2006 (6 U.S.C. 701(13)) is amended by strik4 ing ‘‘502(a)(6)’’ and inserting ‘‘504(a)(6)’’. 

5 (2) CHANGE OF REFERENCE.—Chapter 1 of 

6 subtitle C of title VI of the Post-Katrina Emergency 

7 Management Reform Act of 2006 (Public Law 109– 

8 295) is amended by striking ‘‘National Response 

9 Plan’’ each place it appears and inserting ‘‘National 

10 Response Framework’’. 

11 (c) SAVINGS CLAUSE.—The amendments made by 

12 subsection (a) to section 503(b)(2)(A) and paragraphs (3) 

13 and (4) of section 504(a) of the Homeland Security Act 

14 of 2002 may not be construed as affecting the authority, 

15 existing on the day before the date of enactment of this 

16 division, of any other component of the Department of 

17 Homeland Security or any other Federal department or 

18 agency. 

19 Subtitle D—Genome Editing Threat 

20 Assessment 

21 SEC. 651. GENOME EDITING THREAT ASSESSMENT. 

22 (a) IN GENERAL.—Not later than 180 days after the 

23 date of the enactment of this Act, the Assistant Secretary 

24 for the Countering Weapons of Mass Destruction Office 

25 of the Department of Homeland Security, in coordination 


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1 with the Under Secretary for Intelligence and Analysis of 

2 the Department, the Under Secretary for the Science and 

3 Technology Directorate of the Department, and other 

4 Federal partners, as appropriate, shall develop a threat 

5 assessment on the potential homeland security 

6 vulnerabilities associated with genome modification and 

7 editing. Such threat assessment shall include information 

8 relating to the following: 

9 (1) The dual-use of emerging biotechnology. 

10 (2) The ability of gene editing to maliciously 

11 proliferate infectious diseases and pandemics on 

12 human, animal, and plant populations. 

13 (3) The cybersecurity vulnerabilities in com14 puter systems analyzing genomic data. 

15 (4) Privacy concerns associated with analyzing 

16 genomic data. 

17 (b) RECOMMENDATIONS.—Upon completion of the 

18 threat assessment required under subsection (a), the Sec19 retary of Homeland Security shall make a determination 

20 if any changes to future operations of the Department of 

21 Homeland Security are required to address security 

22 vulnerabilities identified in such assessment. 

23 (c) REPORT.—Not later than 60 days after the com24 pletion of the threat assessment required under subsection 

25 (a), the Secretary of Homeland Security shall, consistent 


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1 with the protection of classified information, report to the 

2 Committee on Homeland Security of the House of Rep3 resentatives and the Committee on Homeland Security 

4 and Governmental Affairs of the Senate on the findings 

5 of such threat assessment, any identified recommenda6 tions, plans for incorporating such recommendations into 

7 future operations of the Department of Homeland Secu8 rity, and any proposed legislative changes informed by 

9 such threat assessment. 

10 TITLE VII—PANDEMIC 

11 PREPAREDNESS 

12 SEC. 701. CHIEF MEDICAL OFFICER. 

13 Section 1931 of the Homeland Security Act of 2002 

14 (6 U.S.C. 587) is amended— 

15 (1) in subsection (c)— 

16 (A) in the matter preceding paragraph (1), 

17 by inserting ‘‘and shall establish medical and 

18 human, animal, and occupational health expo19 sure policy, guidance, strategies, and initia20 tives,’’ before ‘‘including—’’; 

21 (B) in paragraph (1), by inserting before 

22 the semicolon at the end the following: ‘‘, in23 cluding advice on how to prepare for, protect 

24 against, respond to, recover from, and mitigate 

25 against the medical effects of terrorist attacks 


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1 or other high consequence events utilizing 

2 chemical, biological, radiological, or nuclear 

3 agents or explosives’’; 

4 (C) in paragraph (2), by inserting before 

5 the semicolon at the end the following: ‘‘, in6 cluding coordinating the Department’s policy, 

7 strategy, and preparedness for pandemics and 

8 emerging infectious diseases’’; 

9 (D) in paragraph (4)— 

10 (i) by inserting ‘‘emergency medical 

11 services and medical first responder stake12 holders,’’ after ‘‘the medical community,’’; 

13 and 

14 (ii) by striking ‘‘and’’ at the end; 

15 (E) by redesignating paragraph (5) as 

16 paragraph (9); and 

17 (F) by inserting after paragraph (4) the 

18 following new paragraphs: 

19 ‘‘(5) ensuring that the workforce of the Depart20 ment has evidence-based policy, standards, require21 ments, and metrics for operational medicine pro22 grams; 

23 ‘‘(6) directing and maintaining a coordinated 

24 system for medical support for the Department’s 

25 operational activities; 


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1 ‘‘(7) providing oversight of the Department’s 

2 medical programs and providers, including— 

3 ‘‘(A) reviewing and maintaining 

4 verification of the accreditation of the Depart5 ment’s health provider workforce; 

6 ‘‘(B) developing quality assurance and clin7 ical policy, requirements, standards, and 

8 metrics for all medical and health activities of 

9 the Department; 

10 ‘‘(C) providing oversight of medical records 

11 systems for employees and individuals in the 

12 Department’s care and custody; and 

13 ‘‘(D) providing medical direction for emer14 gency medical services activities of the Depart15 ment; 

16 ‘‘(8) as established under section 1932, main17 taining a medical countermeasures stockpile and dis18 pensing system, as necessary, to facilitate personnel 

19 readiness, and protection for the Department’s em20 ployees and working animals and individuals in the 

21 Department’s care and custody in the event of a 

22 chemical, biological, radiological, nuclear, or explo23 sives attack, naturally occurring disease outbreak, or 

24 pandemic; and’’; and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(d) MEDICAL LIAISONS.—The Chief Medical Officer 

4 may provide medical liaisons to the components of the De5 partment to provide subject matter expertise on medical 

6 and public health issues and a direct link to the Chief 

7 Medical Officer. Such expertise may include the following: 

8 ‘‘(1) Providing guidance on health and medical 

9 aspects of policy, planning, and operations. 

10 ‘‘(2) Supporting the development and alignment 

11 of medical and health systems. 

12 ‘‘(3) Identifying— 

13 ‘‘(A) common gaps in medical and health 

14 standards, policy, or guidance; and 

15 ‘‘(B) enterprise solutions to bridge such 

16 gaps.’’. 

17 SEC. 702. MEDICAL COUNTERMEASURES PROGRAM. 

18 (a) IN GENERAL.—Subtitle C of Title XIX of the 

19 Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) 

20 is amended by adding at the end the following new section: 

21 ‘‘SEC. 1932. MEDICAL COUNTERMEASURES. 

22 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

23 medical countermeasures program to facilitate personnel 

24 readiness, and protection for the Department’s employees 

25 and working animals and individuals in the Department’s 


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1 care and custody, in the event of a chemical, biological, 

2 radiological, nuclear, or explosives attack, naturally occur3 ring disease outbreak, or pandemic, and to support De4 partment mission continuity. 

5 ‘‘(b) OVERSIGHT.—The Chief Medical Officer of the 

6 Department shall provide programmatic oversight of the 

7 medical countermeasures program established pursuant to 

8 subsection (a), and shall— 

9 ‘‘(1) develop Department-wide standards for 

10 medical countermeasure storage, security, dis11 pensing, and documentation; 

12 ‘‘(2) maintain a stockpile of medical counter13 measures, including antibiotics, antivirals, and radio14 logical countermeasures, as appropriate; 

15 ‘‘(3) preposition appropriate medical counter16 measures in strategic locations nationwide, based on 

17 threat and employee density, in accordance with ap18 plicable Federal statutes and regulations; 

19 ‘‘(4) provide oversight and guidance on dis20 pensing of stockpiled medical countermeasures; 

21 ‘‘(5) ensure rapid deployment and dispensing of 

22 medical countermeasures in a chemical, biological, 

23 radiological, nuclear, or explosives attack, naturally 

24 occurring disease outbreak, or pandemic; 


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1 ‘‘(6) provide training to Department employees 

2 on medical countermeasure dispensing; and 

3 ‘‘(7) support dispensing exercises. 

4 ‘‘(c) MEDICAL COUNTERMEASURES WORKING

5 GROUP.—The Chief Medical Officer shall establish a med6 ical countermeasures working group comprised of rep7 resentatives from appropriate components and offices of 

8 the Department to ensure that medical countermeasures 

9 standards are maintained and guidance is consistent. 

10 ‘‘(d) MEDICAL COUNTERMEASURES MANAGE11 MENT.—Not later than 180 days after the date of the en12 actment of this section, the Chief Medical Officer shall de13 velop and submit to the Secretary an integrated logistics 

14 support plan for medical countermeasures, including— 

15 ‘‘(1) a methodology for determining the ideal 

16 types and quantities of medical countermeasures to 

17 stockpile and how frequently such methodology shall 

18 be reevaluated; 

19 ‘‘(2) a replenishment plan; and 

20 ‘‘(3) inventory tracking, reporting, and rec21 onciliation procedures for existing stockpiles and 

22 new medical countermeasure purchases. 

23 ‘‘(e) STOCKPILE ELEMENTS.—In determining the 

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1 pile under subsection (d), the Chief Medical Officer shall 

2 utilize, if available— 

3 ‘‘(1) Department chemical, biological, radio4 logical, and nuclear risk assessments; and 

5 ‘‘(2) Centers for Disease Control and Preven6 tion guidance on medical countermeasures. 

7 ‘‘(f) REPORT.—Not later than 180 days after the 

8 date of the enactment of this section, the Chief Medical 

9 Officer shall report to the Committee on Homeland Secu10 rity of the House of Representatives and the Committee 

11 on Homeland Security and Governmental Affairs of the 

12 Senate on progress in achieving the requirements of this 

13 section.’’. 

14 (b) CLERICAL AMENDMENT.—The table of contents 

15 in section 1(b) of the Homeland Security Act of 2002 is 

16 amended by adding after the item relating to section 1931 

17 the following new item: 

‘‘Sec. 1932. Medical countermeasures.’’. 

18 SEC. 703. PERSONAL PROTECTIVE EQUIPMENT. 

19 (a) DEFINITIONS.—In this section: 

20 (1) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—The term ‘‘appropriate congressional com22 mittees’’ means the Committee on Homeland Secu23 rity of the House of Representatives and the Com24 mittee on Homeland Security and Governmental Af25 fairs of the Senate. 


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1 (2) DEPARTMENT.—The term ‘‘Department’’ 

2 means the Department of Homeland Security. 

3 (3) PERSONAL PROTECTIVE EQUIPMENT.—The 

4 term ‘‘personal protective equipment’’ includes pro5 tective gloves, masks, and any additional protective 

6 equipment determined appropriate by the Secretary. 

7 (4) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Homeland Security. 

9 (b) AVAILABILITY OF PERSONAL PROTECTIVE

10 EQUIPMENT FOR CERTAIN DEPARTMENT PERSONNEL.— 

11 (1) IN GENERAL.—Not later than 90 days after 

12 the date of the enactment of this Act, the Secretary 

13 shall ensure the availability of an adequate supply of 

14 personal protective equipment to equip personnel of 

15 the Department and each component conducting op16 erations requiring contact with the public for use 

17 during the COVID–19 global pandemic. Such per18 sonnel include the following: 

19 (A) Transportation Security Officers. 

20 (B) Explosives Detection Canine Handlers. 

21 (C) Federal Air Marshals. 

22 (D) Transportation Security Inspectors. 

23 (E) Administration personnel involved in 

24 operations of Visual Intermodal Prevention and 

25 Response teams. 


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1 (F) U.S. Border Patrol agents. 

2 (G) U.S. Customs and Border Protection 

3 officers. 

4 (H) Air and Marine Officers. 

5 (I) U.S. Border Patrol Processing Coordi6 nators. 

7 (J) Officers of the Federal Protective Serv8 ice. 

9 (K) Secret Service Agents and officers. 

10 (L) U.S. Immigration and Customs En11 forcement officers. 

12 (M) Any other personnel determined ap13 propriate by the Secretary. 

14 (2) JOB HAZARD ANALYSIS.—Not later than 30 

15 days after the date of the enactment of this Act, 

16 each Department component head shall— 

17 (A) ensure the job hazard analysis of each 

18 such component identifies the regular duties 

19 and tasks required of relevant personnel to de20 termine the amount of personal protective 

21 equipment required per shift to conduct speci22 fied duties and tasks; and 

23 (B) provide to the Secretary such analysis. 

24 (3) STORAGE.—Not later than 30 days after 

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1 ment component head shall identify and implement 

2 appropriate best practices for storing personal pro3 tective equipment. 

4 (4) MEASURES TO PROTECT CERTAIN FRONT5 LINE PERSONNEL.—Not later than 60 days after the 

6 date of the enactment of this Act, each Department 

7 component head shall identify and implement meas8 ures to augment existing Department facilities and 

9 vehicles to protect frontline Department personnel 

10 regularly interacting with or transporting individuals 

11 in the public. Such measures shall include the imple12 mentation of technologies such as plexiglass barriers, 

13 biometric technology, computed tomography, detec14 tion-at-range, and credential authentication tech15 nology utilizing digital camera technology. 

16 (5) POLICIES.—Not later than 60 days after 

17 the date of the enactment of this Act, the Secretary 

18 shall develop or update, as appropriate, policies for 

19 the workforce of the Department related to the use 

20 and potential reuse and availability of personal pro21 tective equipment. 

22 (6) REPORT TO CONGRESS.—The Secretary 

23 shall report to the appropriate congressional commit24 tees regarding the implementation of this subsection. 


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1 (c) COVID–19 AFTER-ACTION REVIEW.—Not later 

2 than 180 days after the date of the enactment of this Act, 

3 the Secretary shall submit to the appropriate congres4 sional committees an after-action review to examine the 

5 Department’s response and mitigation efforts related to 

6 the COVID–19 global pandemic. Such review shall include 

7 information relating to the following: 

8 (1) The overall preparedness of the Department 

9 and each of the Department components to respond 

10 to the COVID–19 global pandemic, including pre11 paredness to continue to fulfill its mission and pro12 tect Department personnel, the public, the transpor13 tation system, ports of entry, and the border. 

14 (2) Communication challenges related to effec15 tively engaging with the public, Department per16 sonnel, and appropriate Federal, State, local, Tribal, 

17 and industry stakeholders. 

18 (3) The effectiveness of existing authorities al19 lowing the Department to utilize weather and safety 

20 leave policies, hazard pay, or other personnel man21 agement policies to protect Department personnel. 

22 (4) Impacts on security functions, operations, 

23 and other homeland security missions. 


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1 (5) The availability of personal protective equip2 ment for Department personnel and individuals in 

3 the custody of the Department. 

4 (6) The extent to which technologies to promote 

5 less contact between Department personnel and the 

6 public, such as the technologies referred to in sub7 section (d), were implemented, and any challenges or 

8 impediments to such implementation. 

9 (7) Recommendations for action to improve the 

10 preparedness of the Department for future crises 

11 and pandemics. 

12 SEC. 704. TELEWORKING ASSESSMENT. 

13 Not later than one year after the date of the enact14 ment of this Act, the Comptroller General of the United 

15 States shall conduct a review of the capabilities of the De16 partment of Homeland Security to support Department17 wide teleworking activity during the COVID–19 pandemic. 

18 Such review shall include the following: 

19 (1) A description of how many employees in 

20 each component of the Department engaged in tele21 working prior to the COVID–19 pandemic and how 

22 many engaged in teleworking beginning in March 

23 2020. 


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1 (2) An evaluation of the capabilities of each of 

2 the components to support remote teleworking ac3 tivities during the COVID–19 pandemic. 

4 (3) An evaluation of the security protocols and 

5 guidance developed by the Department and the level 

6 of compliance by employees with such protocols. 

7 (4) An assessment of the major issues encoun8 tered by each component during the transition to 

9 teleworking due to the COVID–19 pandemic. 

10 (5) An assessment of the availability of assist11 ance with teleworking capabilities during the 

12 COVID–19 pandemic. 

13 (6) An assessment of the capability of the De14 partment to support teleworking by employees en15 gaged in responsibilities that require the review of 

16 classified materials. 

17 (7) Recommendations for improving teleworking 

18 capabilities for all employees, including for employ19 ees engaged in responsibilities that require the re20 view of classified materials. 

21 SEC. 705. TRANSPORTATION SECURITY PUBLIC HEALTH 

22 THREAT PREPAREDNESS. 

23 (a) DEFINITIONS.—In this section: 


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1 (1) ADMINISTRATION; TSA.—The terms ‘‘Ad2 ministration’’ and ‘‘TSA’’ mean the Transportation 

3 Security Administration. 

4 (2) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Transpor6 tation Security Administration. 

7 (3) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional com9 mittees’’ means— 

10 (A) the Committee on Homeland Security 

11 of the House of Representatives; and 

12 (B) the Committee on Homeland Security 

13 and Governmental Affairs and the Committee 

14 on Commerce, Science, and Transportation of 

15 the Senate. 

16 (4) DEPARTMENT.—The terms ‘‘Department’’ 

17 means the Department of Homeland Security. 

18 (b) AUTHORIZATION OF TSA PERSONNEL DE19 TAILS.— 

20 (1) IN GENERAL.—Pursuant to section 114(m) 

21 of title 49, United States Code, the Administrator is 

22 authorized to provide Administration personnel to 

23 other components of the Department and other Fed24 eral agencies to improve coordination with such com25 ponents and such agencies to prepare for, protect 


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1 against, and respond to public health threats to 

2 transportation security. 

3 (2) STRATEGY.—Not later than 180 days after 

4 the date of the enactment of this Act, the Adminis5 trator shall brief the appropriate congressional com6 mittees regarding a strategy to improve coordination 

7 with other components of the Department and other 

8 Federal agencies to prepare for, protect against, and 

9 respond to public health threats to transportation 

10 security. 

11 (c) TSA PREPAREDNESS.— 

12 (1) RISK ANALYSIS.—To the extent possible 

13 and in consultation with transportation security 

14 stakeholders, the Administrator shall conduct an 

15 analysis of transportation sector preparedness for 

16 public health threats. Such analysis shall assess at 

17 a minimum the following: 

18 (A) The risks of public health threats to 

19 transportation security, including to transpor20 tation hubs, transportation security stake21 holders, Administration personnel, and pas22 sengers. 

23 (B) Information sharing challenges among 

24 relevant components of the Department, other 


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1 Federal agencies, international partners, and 

2 transportation security stakeholders. 

3 (C) Impacts on changes to Administration 

4 policies and procedures for screening passengers 

5 and property. 

6 (2) BRIEFING TO CONGRESS.—Not later than 

7 180 days after the date of the enactment of this Act, 

8 the Administrator shall brief the appropriate con9 gressional committees on the following: 

10 (A) The risk analysis required under para11 graph (1). 

12 (B) Technologies necessary to advance to13 ward a contactless checkpoint to better protect 

14 from future public health threats Administra15 tion personnel, passengers, airport personnel, 

16 and authorized personnel who pass through air17 port screening areas. 

18 (C) Policies and procedures implemented 

19 by the Administration and transportation secu20 rity stakeholders to protect from public health 

21 threats Administration personnel, passengers, 

22 airport personnel, and authorized personnel who 

23 pass through airport screening areas, as well as 

24 future plans for additional measures relating to 

25 such protection. 


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1 (D) The status of existing or future 

2 planned security directives or emergency 

3 amendments to air carrier security require4 ments for flights from international points. 

5 (E) How the Administration coordinates 

6 and shares information with relevant domestic 

7 and international partners during a public 

8 health threat, and how such coordination may 

9 be improved. 

10 SEC. 706. SECURING CRITICAL SUPPLIES. 

11 (a) STRATEGY TO PREVENT A SHORTAGE OF ITEMS

12 DETERMINED TO BE CRITICAL TO SURVIVAL DURING A

13 CRISIS AND SAFEGUARD THE SUPPLY CHAINS OF SUCH

14 ITEMS.—Not later than 180 days after the date of the 

15 enactment of this Act, the Secretary, acting through the 

16 Under Secretary and the Director, shall— 

17 (1) identify items determined by the Secretary 

18 to be critical to survival during a crisis resulting 

19 from a terrorist attack, pandemic, or natural dis20 aster; 

21 (2) assess the activities of the Department with 

22 respect to the prevention of a shortage of items; 

23 (3) assess vulnerabilities in the supply chain for 

24 such items, which vulnerabilities may be exploited by 

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1 tions that may have an adversarial relationship with 

2 the United States; and 

3 (4) develop and submit to the appropriate con4 gressional committees a— 

5 (A) report containing a strategy to prevent 

6 such a shortage based upon the assessments re7 quired under paragraph (2); and 

8 (B) classified annex to the report required 

9 under subparagraph (A) relating to a strategy 

10 to prevent the exploitation of vulnerabilities in 

11 the supply chain for such items based upon the 

12 assessment required under paragraph (3). 

13 (b) MATTERS INCLUDED.—The strategies required 

14 under subsection (a) shall include— 

15 (1) an identification of items that the Secretary 

16 determines to be critical to survival, including— 

17 (A) food and water; 

18 (B) prescription medication; 

19 (C) medical supplies; and 

20 (D) energy infrastructure and supplies; 

21 (2) an examination of whether the source of 

22 any such item is foreign-owned, controlled, or influ23 enced by a country that may have an adversarial re24 lationship with the United States; and 


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1 (3) recommendations with respect to steps the 

2 Department could take to— 

3 (A) ensure the availability of such items; 

4 and 

5 (B) safeguard from exploitation by individ6 uals, entities, or foreign terrorist organizations 

7 the supply chain for such items. 

8 (c) DEFINITIONS.—In this section: 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional com11 mittees’’ means— 

12 (A) the Committee on Homeland Security 

13 of the House of Representatives; and 

14 (B) the Committee on Homeland Security 

15 and Governmental Affairs of the Senate. 

16 (2) DEPARTMENT.—The term ‘‘Department’’ 

17 means the Department of Homeland Security. 

18 (3) DIRECTOR.—The term ‘‘Director’’ means 

19 the Director of the Cybersecurity and Infrastructure 

20 Security Agency of the Department of Homeland Se21 curity. 

22 (4) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Homeland Security. 

24 (5) UNDER SECRETARY.—The term ‘‘Under 

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1 ligence and Analysis of the Department of Home2 land Security. 

Æ 


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