H. R. 7776—1255 
(b) FORMAT.—The report required under subsection (a) may 
be submitted in a classified or protected format, as determined 
appropriate by the Secretary of Homeland Security. 
SEC. 7134. DHS ILLICIT CROSS-BORDER TUNNEL DEFENSE. 
(a) COUNTER ILLICIT CROSS-BORDER TUNNEL OPERATIONS STRA-
TEGIC PLAN.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Commissioner of U.S. Customs 
and Border Protection, in coordination with the Under Sec-
retary for Science and Technology, and, as appropriate, other 
officials of the Department of Homeland Security, shall develop 
a counter illicit cross-border tunnel operations strategic plan 
(in this section referred to as the ‘‘strategic plan’’) to address 
the following: 
(A) Risk-based criteria to be used to prioritize the 
identification, breach, assessment, and remediation of illicit 
cross-border tunnels. 
(B) Promote the use of innovative technologies to iden-
tify, breach, assess, and remediate illicit cross-border tun-
nels in a manner that, among other considerations, reduces 
the impact of such activities on surrounding communities. 
(C) Processes to share relevant illicit cross-border 
tunnel location, operations, and technical information. 
(D) Indicators of specific types of illicit cross-border 
tunnels found in each U.S. Border Patrol sector identified 
through operations to be periodically disseminated to U.S. 
Border Patrol sector chiefs to educate field personnel. 
(E) A counter illicit cross-border tunnel operations 
resource needs assessment that includes consideration of 
the following: 
(i) Technology needs. 
(ii) Staffing needs, including the following: 
(I) A position description for counter illicit 
cross-border tunnel operations personnel. 
(II) Any specialized skills required of such per-
sonnel. 
(III) The number of such full time personnel, 
disaggregated by U.S. Border Patrol sector. 
(2) REPORT TO CONGRESS ON STRATEGIC PLAN.—Not later 
than one year after the development of the strategic plan, 
the Commissioner of U.S. Customs and Border Protection shall 
submit to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report on the 
implementation of the strategic plan. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Commissioner of U.S. Customs and Border 
Protection $1,000,000 for each of fiscal years 2023 and 2024 to 
carry out— 
(1) the development of the strategic plan; and 
(2) remediation operations of illicit cross-border tunnels 
in accordance with the strategic plan to the maximum extent 
practicable.
H. R. 7776—1256 
SEC. 7135. PROVIDING TRAINING FOR U.S. CUSTOMS AND BORDER 
PROTECTION PERSONNEL ON THE USE OF CONTAINMENT 
DEVICES 
TO 
PREVENT 
SECONDARY 
EXPOSURE 
TO 
FENTANYL AND OTHER POTENTIALLY LETHAL SUB-
STANCES. 
(a) TRAINING.—Paragraph (1) of section 416(b) of the Homeland 
Security Act of 2002 (6 U.S.C. 216(b)) is amended by adding at 
the end the following new subparagraph: 
‘‘(C) How to use containment devices to prevent poten-
tial synthetic opioid exposure.’’. 
(b) AVAILABILITY
OF CONTAINMENT DEVICES.—Section 416(c) 
of the Homeland Security Act of 2002 (6 U.S.C. 216(c)) is amended— 
(1) in the subsection heading, by inserting ‘‘, CONTAINMENT 
DEVICES,’’ after ‘‘EQUIPMENT’’; and 
(2) by striking ‘‘and opioid receptor antagonists, including 
naloxone’’ and inserting ‘‘, opioid receptor antagonists, including 
naloxone, and containment devices’’. 
(c) APPLICABILITY TO OTHER COMPONENTS.—If the Secretary 
of Homeland Secretary determines that officers, agents, other per-
sonnel, or canines of a component of the Department of Homeland 
Security other than U.S. Customs and Border Protection are at 
risk of potential synthetic opioid exposure in the course of their 
duties, the head of such component shall carry out the responsibil-
ities under section 416 of the Homeland Security Act of 2002 
(6 U.S.C. 216) in the same manner and to the same degree as 
the Commissioner of U.S. Customs and Border Protection carries 
out such responsibilities. 
SEC. 7136. REPORTS, EVALUATIONS, AND RESEARCH REGARDING 
DRUG INTERDICTION AT AND BETWEEN PORTS OF ENTRY. 
(a) RESEARCH
ON
ADDITIONAL
TECHNOLOGIES
TO
DETECT 
FENTANYL.—Not later than one year after the date of the enactment 
of this Act, the Secretary of Homeland Security, in consultation 
with the Attorney General, the Secretary of Health and Human 
Services, and the Director of the Office of National Drug Control 
Policy, shall research additional technological solutions to— 
(1) target and detect illicit fentanyl, fentanyl analogs, and 
precursor chemicals, including low-purity fentanyl, especially 
in counterfeit pressed tablets, and illicit pill press molds; and 
(2) enhance detection of such counterfeit pressed tablets 
through 
nonintrusive, 
noninvasive, 
and 
other 
advanced 
screening technologies. 
(b) EVALUATION OF CURRENT TECHNOLOGIES AND STRATEGIES 
IN ILLICIT DRUG INTERDICTION
AND PROCUREMENT DECISIONS.— 
(1) IN GENERAL.—The Secretary of Homeland Security, in 
consultation with the Attorney General, the Secretary of Health 
and Human Services, and the Director of the Office of National 
Drug Control Policy, shall establish a program to collect avail-
able data and develop metrics to measure how technologies 
and strategies used by the Department of Homeland Security, 
U.S. Customs and Border Protection, U.S. Immigration and 
Customs Enforcement, and other relevant Federal agencies 
have helped detect trafficked illicit fentanyl, fentanyl analogs, 
and precursor chemicals or deter illicit fentanyl, fentanyl 
analogs, and precursor chemicals from being trafficked into 
the United States at and between land, air, and sea ports 
of entry.
H. R. 7776—1257 
(2) CONSIDERATIONS.—The data and metrics program estab-
lished pursuant to paragraph (1) may consider— 
(A) the rate of detection of illicit fentanyl, fentanyl 
analogs, and precursor chemicals at land, air, and sea 
ports of entry; 
(B) investigations and intelligence sharing into the ori-
gins of illicit fentanyl, fentanyl analogs, and precursor 
chemicals within the United States; and 
(C) other data or metrics considered appropriate by 
the Secretary of Homeland Security. 
(3) UPDATES.—The Secretary of Homeland Security, as 
appropriate and in the coordination with the officials referred 
to in paragraph (1), may update the data and metrics program 
established pursuant to paragraph (1). 
(4) REPORTS.— 
(A) SECRETARY
OF
HOMELAND
SECURITY.—Not later 
than one year after the date of the enactment of this 
Act and biennially thereafter, the Secretary of Homeland 
Security, in consultation with the Attorney General, the 
Secretary of Health and Human Services, and the Director 
of the Office of National Drug Control Policy shall, based 
on the data collected and metrics developed pursuant to 
the program established pursuant to paragraph (1), submit 
to the Committee on Homeland Security, the Committee 
on Energy and Commerce, the Committee on Science, 
Space, and Technology, and the Committee on the Judiciary 
of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs, the Com-
mittee on Commerce, Science, and Transportation, and the 
Committee on the Judiciary of the Senate a report that— 
(i) examines and analyzes current technologies, 
including pilot technologies, deployed at land, air, and 
sea ports of entry to assess how well such technologies 
detect, deter, and address illicit fentanyl, fentanyl 
analogs, and precursor chemicals; and 
(ii) examines and analyzes current technologies, 
including pilot technologies, deployed between land 
ports of entry to assess how well and accurately such 
technologies detect, deter, interdict, and address illicit 
fentanyl, fentanyl analogs, and precursor chemicals; 
(B) GOVERNMENT ACCOUNTABILITY OFFICE.—Not later 
than one year after the submission of each of the first 
three reports required under subparagraph (A), the Comp-
troller General of the United States shall submit to the 
Committee on Homeland Security, the Committee on 
Energy and Commerce, the Committee on Science, Space, 
and Technology, and the Committee on the Judiciary of 
the House of Representatives and the Committee on Home-
land Security and Governmental Affairs, the Committee 
on Commerce, Science, and Transportation, and the Com-
mittee on the Judiciary of the Senate a report that evalu-
ates and, as appropriate, makes recommendations to 
improve, the collection of data under the program estab-
lished pursuant to paragraph (1) and metrics used in the 
subsequent reports required under such subparagraph.
H. R. 7776—1258 
Subtitle E—Technical Corrections, 
Conforming Changes, and Improvements 
SEC. 7141. QUADRENNIAL HOMELAND SECURITY REVIEW TECHNICAL 
CORRECTIONS. 
(a) IN GENERAL.—Section 707 of the Homeland Security Act 
of 2002 (6 U.S.C. 347) is amended— 
(1) in subsection (a)(3)— 
(A) in subparagraph (B), by striking ‘‘and’’ after the 
semicolon at the end; 
(B) by redesignating subparagraph (C) as subpara-
graph (D); and 
(C) by inserting after subparagraph (B) the following 
new subparagraph: 
‘‘(C) representatives from appropriate advisory commit-
tees established pursuant to section 871, including the 
Homeland Security Advisory Council and the Homeland 
Security Science and Technology Advisory Committee, or 
otherwise established, including the Aviation Security 
Advisory Committee established pursuant to section 44946 
of title 49, United States Code; and’’; 
(2) in subsection (b)— 
(A) in paragraph (2), by inserting before the semicolon 
at the end the following: ‘‘based on the risk assessment 
required pursuant to subsection (c)(2)(B)’’; 
(B) in paragraph (3)— 
(i) by inserting ‘‘, to the extent practicable,’’ after 
‘‘describe’’; and 
(ii) by striking ‘‘budget plan’’ and inserting 
‘‘resources required’’; 
(C) in paragraph (4)— 
(i) by inserting ‘‘, to the extent practicable,’’ after 
‘‘identify’’; 
(ii) by striking ‘‘budget plan required to provide 
sufficient resources to successfully’’ and inserting 
‘‘resources required to’’; and 
(iii) by striking the semicolon at the end and 
inserting the following: ‘‘, including any resources 
identified from redundant, wasteful, or unnecessary 
capabilities or capacities that may be redirected to 
better support other existing capabilities or capacities, 
as the case may be; and’’; 
(D) in paragraph (5), by striking ‘‘; and’’ and inserting 
a period; and 
(E) by striking paragraph (6); 
(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘December 31 of the 
year’’ and inserting ‘‘60 days after the date of the submis-
sion of the President’s budget for the fiscal year after 
the fiscal year’’; 
(B) in paragraph (2)— 
(i) in subparagraph (B), by striking ‘‘description 
of the threats to’’ and inserting ‘‘risk assessment of’’; 
(ii) in subparagraph (C), by inserting ‘‘, as required 
under subsection (b)(2)’’ before the semicolon at the 
end;
H. R. 7776—1259 
(iii) in subparagraph (D)— 
(I) by inserting ‘‘to the extent practicable,’’ 
before ‘‘a description’’; and 
(II) by striking ‘‘budget plan’’ and inserting 
‘‘resources required’’; 
(iv) in subparagraph (F)— 
(I) by inserting ‘‘to the extent practicable,’’ 
before ‘‘a discussion’’; and 
(II) by striking ‘‘the status of’’; 
(v) in subparagraph (G)— 
(I) by inserting ‘‘to the extent practicable,’’ 
before ‘‘a discussion’’; 
(II) by striking ‘‘the status of’’; 
(III) by inserting ‘‘and risks’’ before ‘‘to 
national homeland’’; and 
(IV) by inserting ‘‘and’’ after the semicolon 
at the end; 
(vi) by striking subparagraph (H); and 
(vii) by redesignating subparagraph (I) as subpara-
graph (H); 
(C) by redesignating paragraph (3) as paragraph (4); 
and 
(D) by inserting after paragraph (2) the following new 
paragraph: 
‘‘(3) DOCUMENTATION.—The Secretary shall retain and, 
upon request, provide to Congress the following documentation 
regarding each quadrennial homeland security review: 
‘‘(A) Records regarding the consultation carried out 
pursuant to subsection (a)(3), including the following: 
‘‘(i) All written communications, including commu-
nications sent out by the Secretary and feedback sub-
mitted to the Secretary through technology, online 
communications tools, in-person discussions, and the 
interagency process. 
‘‘(ii) Information on how feedback received by the 
Secretary informed each such quadrennial homeland 
security review. 
‘‘(B) Information regarding the risk assessment 
required pursuant to subsection (c)(2)(B), including the fol-
lowing: 
‘‘(i) The risk model utilized to generate such risk 
assessment. 
‘‘(ii) Information, including data used in the risk 
model, utilized to generate such risk assessment. 
‘‘(iii) Sources of information, including other risk 
assessments, utilized to generate such risk assessment. 
‘‘(iv) Information on assumptions, weighing factors, 
and subjective judgments utilized to generate such risk 
assessment, together with information on the rationale 
or basis thereof.’’; 
(4) by redesignating subsection (d) as subsection (e); and 
(5) by inserting after subsection (c) the following new sub-
section: 
‘‘(d) REVIEW.—Not later than 90 days after the submission 
of each report required under subsection (c)(1), the Secretary shall 
provide to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Security and
H. R. 7776—1260 
Governmental Affairs of the Senate information on the degree to 
which the findings and recommendations developed in the quadren-
nial homeland security review that is the subject of such report 
were integrated into the acquisition strategy and expenditure plans 
for the Department.’’. 
(b) EFFECTIVE DATE.—The amendments made by this Act shall 
apply with respect to a quadrennial homeland security review con-
ducted after December 31, 2021. 
SEC. 7142. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS. 
The table of contents in section 1(b) of the Homeland Security 
Act of 2002 is amended by— 
(1) amending the items relating to sections 435 and 436 
to read as follows: 
‘‘Sec. 435. Maritime operations coordination plan. 
‘‘Sec. 436. Maritime security capabilities assessments.’’; 
(2) amending the item relating to section 1617 to read 
as follows: 
‘‘Sec. 1617. Diversified security technology industry marketplace.’’; 
(3) amending the item relating to section 1621 to read 
as follows: 
‘‘Sec. 1621. Maintenance validation and oversight.’’; and 
(4) amending the item relating to section 2103 to read 
as follows: 
‘‘Sec. 2103. Protection and sharing of information.’’. 
SEC. 7143. CISA TECHNICAL CORRECTIONS AND IMPROVEMENTS. 
(a) TECHNICAL AMENDMENT RELATING
TO DOTGOV ACT
OF 
2020.— 
(1) AMENDMENT.—Section 904(b)(1) of the DOTGOV Act 
of 2020 (title IX of division U of Public Law 116–260) is 
amended, in the matter preceding subparagraph (A), by striking 
‘‘Homeland Security Act’’ and inserting ‘‘Homeland Security 
Act of 2002’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall take effect as if enacted as part of the DOTGOV 
Act of 2020 (title IX of division U of Public Law 116–260). 
(b) CONSOLIDATION OF DEFINITIONS.— 
(1) IN GENERAL.—Title XXII of the Homeland Security Act 
of 2002 (6 U.S.C. 651 et seq.) is amended by inserting before 
the subtitle A heading the following: 
‘‘SEC. 2200. DEFINITIONS. 
‘‘Except as otherwise specifically provided, in this title: 
‘‘(1) AGENCY.—The term ‘Agency’ means the Cybersecurity 
and Infrastructure Security Agency. 
‘‘(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘appropriate congressional committees’ means— 
‘‘(A) the Committee on Homeland Security and Govern-
mental Affairs of the Senate; and 
‘‘(B) the Committee on Homeland Security of the House 
of Representatives. 
‘‘(3) CLOUD SERVICE PROVIDER.—The term ‘cloud service 
provider’ means an entity offering products or services related 
to cloud computing, as defined by the National Institute of 
Standards and Technology in NIST Special Publication 800–
H. R. 7776—1261 
145 and any amendatory or superseding document relating 
thereto. 
‘‘(4) CRITICAL
INFRASTRUCTURE
INFORMATION.—The term 
‘critical infrastructure information’ means information not cus-
tomarily in the public domain and related to the security of 
critical infrastructure or protected systems— 
‘‘(A) actual, potential, or threatened interference with, 
attack on, compromise of, or incapacitation of critical infra-
structure or protected systems by either physical or com-
puter-based attack or other similar conduct (including the 
misuse of or unauthorized access to all types of communica-
tions and data transmission systems) that violates Federal, 
State, or local law, harms interstate commerce of the 
United States, or threatens public health or safety; 
‘‘(B) the ability of any critical infrastructure or pro-
tected system to resist such interference, compromise, or 
incapacitation, including any planned or past assessment, 
projection, or estimate of the vulnerability of critical infra-
structure or a protected system, including security testing, 
risk evaluation thereto, risk management planning, or risk 
audit; or 
‘‘(C) any planned or past operational problem or solu-
tion regarding critical infrastructure or protected systems, 
including repair, recovery, reconstruction, insurance, or 
continuity, to the extent it is related to such interference, 
compromise, or incapacitation. 
‘‘(5) CYBER
THREAT
INDICATOR.—The term ‘cyber threat 
indicator’ means information that is necessary to describe or 
identify— 
‘‘(A) malicious reconnaissance, including anomalous 
patterns of communications that appear to be transmitted 
for the purpose of gathering technical information related 
to a cybersecurity threat or security vulnerability; 
‘‘(B) a method of defeating a security control or exploi-
tation of a security vulnerability; 
‘‘(C) a security vulnerability, including anomalous 
activity that appears to indicate the existence of a security 
vulnerability; 
‘‘(D) a method of causing a user with legitimate access 
to an information system or information that is stored 
on, processed by, or transiting an information system to 
unwittingly enable the defeat of a security control or exploi-
tation of a security vulnerability; 
‘‘(E) malicious cyber command and control; 
‘‘(F) the actual or potential harm caused by an incident, 
including a description of the information exfiltrated as 
a result of a particular cybersecurity threat; 
‘‘(G) any other attribute of a cybersecurity threat, if 
disclosure of such attribute is not otherwise prohibited 
by law; or 
‘‘(H) any combination thereof. 
‘‘(6) CYBERSECURITY
PURPOSE.—The term ‘cybersecurity 
purpose’ means the purpose of protecting an information system 
or information that is stored on, processed by, or transiting 
an information system from a cybersecurity threat or security 
vulnerability. 
‘‘(7) CYBERSECURITY RISK.—The term ‘cybersecurity risk’—
H. R. 7776—1262 
‘‘(A) means threats to and vulnerabilities of information 
or information systems and any related consequences 
caused by or resulting from unauthorized access, use, 
disclosure, 
degradation, 
disruption, 
modification, 
or 
destruction of such information or information systems, 
including such related consequences caused by an act of 
terrorism; and 
‘‘(B) does not include any action that solely involves 
a violation of a consumer term of service or a consumer 
licensing agreement. 
‘‘(8) CYBERSECURITY THREAT.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the term ‘cybersecurity threat’ means an action, not 
protected by the First Amendment to the Constitution of 
the United States, on or through an information system 
that may result in an unauthorized effort to adversely 
impact the security, availability, confidentiality, or integrity 
of an information system or information that is stored 
on, processed by, or transiting an information system. 
‘‘(B) EXCLUSION.—The term ‘cybersecurity threat’ does 
not include any action that solely involves a violation of 
a consumer term of service or a consumer licensing agree-
ment. 
‘‘(9) DEFENSIVE MEASURE.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the term ‘defensive measure’ means an action, device, 
procedure, signature, technique, or other measure applied 
to an information system or information that is stored 
on, processed by, or transiting an information system that 
detects, prevents, or mitigates a known or suspected cyber-
security threat or security vulnerability. 
‘‘(B) EXCLUSION.—The term ‘defensive measure’ does 
not include a measure that destroys, renders unusable, 
provides unauthorized access to, or substantially harms 
an information system or information stored on, processed 
by, or transiting such information system not owned by— 
‘‘(i) the private entity, as defined in section 102 
of the Cybersecurity Information Sharing Act of 2015 
(6 U.S.C. 1501), operating the measure; or 
‘‘(ii) another entity or Federal entity that is author-
ized to provide consent and has provided consent to 
that private entity for operation of such measure. 
‘‘(10) DIRECTOR.—The term ‘Director’ means the Director 
of the Cybersecurity and Infrastructure Security Agency. 
‘‘(11) HOMELAND SECURITY ENTERPRISE.—The term ‘Home-
land Security Enterprise’ means relevant governmental and 
nongovernmental entities involved in homeland security, 
including Federal, State, local, and Tribal government officials, 
private sector representatives, academics, and other policy 
experts. 
‘‘(12) INCIDENT.—The term ‘incident’ means an occurrence 
that actually or imminently jeopardizes, without lawful 
authority, the integrity, confidentiality, or availability of 
information on an information system, or actually or 
imminently jeopardizes, without lawful authority, an informa-
tion system.
H. R. 7776—1263 
‘‘(13) INFORMATION SHARING AND ANALYSIS ORGANIZATION.— 
The term ‘Information Sharing and Analysis Organization’ 
means any formal or informal entity or collaboration created 
or employed by public or private sector organizations, for pur-
poses of— 
‘‘(A) gathering and analyzing critical infrastructure 
information, including information related to cybersecurity 
risks and incidents, in order to better understand security 
problems and interdependencies related to critical infra-
structure, including cybersecurity risks and incidents, and 
protected systems, so as to ensure the availability, integ-
rity, and reliability thereof; 
‘‘(B) communicating or disclosing critical infrastructure 
information, including cybersecurity risks and incidents, 
to help prevent, detect, mitigate, or recover from the effects 
of an interference, a compromise, or an incapacitation 
problem related to critical infrastructure, including cyberse-
curity risks and incidents, or protected systems; and 
‘‘(C) voluntarily disseminating critical infrastructure 
information, including cybersecurity risks and incidents, 
to its members, State, local, and Federal Governments, 
or any other entities that may be of assistance in carrying 
out the purposes specified in subparagraphs (A) and (B). 
‘‘(14) 
INFORMATION
SYSTEM.—The 
term 
‘information 
system’— 
‘‘(A) has the meaning given the term in section 3502 
of title 44, United States Code; and 
‘‘(B) includes industrial control systems, such as super-
visory control and data acquisition systems, distributed 
control systems, and programmable logic controllers. 
‘‘(15) INTELLIGENCE
COMMUNITY.—The term ‘intelligence 
community’ has the meaning given the term in section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 3003(4)). 
‘‘(16) MALICIOUS CYBER COMMAND AND CONTROL.—The term 
‘malicious cyber command and control’ means a method for 
unauthorized remote identification of, access to, or use of, an 
information system or information that is stored on, processed 
by, or transiting an information system. 
‘‘(17) MALICIOUS
RECONNAISSANCE.—The term ‘malicious 
reconnaissance’ a method for actively probing or passively moni-
toring an information system for the purpose of discerning 
security vulnerabilities of the information system, if such 
method is associated with a known or suspected cybersecurity 
threat. 
‘‘(18) MANAGED
SERVICE
PROVIDER.—The term ‘managed 
service provider’ means an entity that delivers services, such 
as network, application, infrastructure, or security services, 
via ongoing and regular support and active administration on 
the premises of a customer, in the data center of the entity 
(such as hosting), or in a third party data center. 
‘‘(19) MONITOR.—The term ‘monitor’ means to acquire, iden-
tify, or scan, or to possess, information that is stored on, proc-
essed by, or transiting an information system. 
‘‘(20) NATIONAL
CYBERSECURITY
ASSET
RESPONSE
ACTIVI-
TIES.—The term ‘national cybersecurity asset response activi-
ties’ means—