‘‘(C) A new Federal Government-owned 
land port of entry if— 
‘‘(i) the fair market value of the dona-
tion is $50,000,000 or less; and 
‘‘(ii) the fair market value, including 
any personal and real property donations 
in total, of such port of entry when com-
pleted, is $50,000,000 or less. 
‘‘(2) USE.—Donations accepted pursuant to 
this subsection may be used for activities related to 
construction, alteration, operation, or maintenance 
of a new or existing sea or air port of entry or a new 
or existing a Federal Government-owned land port 
of entry described in paragraph (1), including ex-
penses related to— 
‘‘(A) land acquisition, design, construction, 
repair, or alteration; and 
‘‘(B) operation and maintenance of such 
port of entry facility. 
‘‘(3) LIMITATION ON REAL PROPERTY DONA-
TIONS.—A donation of real property under this sub-
section at an existing land port of entry owned by 
the General Services Administration may only be ac-
cepted by the Administrator of General Services. 
‘‘(4) SUNSET.— 
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‘‘(A) IN GENERAL.—The authority to enter 
into an agreement under this subsection shall 
terminate on the date that is five years after 
the date of the enactment of this subsection. 
‘‘(B) RULE OF CONSTRUCTION.—The ter-
mination date referred to in subparagraph (A) 
shall not apply to carrying out the terms of an 
agreement under this subsection if such agree-
ment is entered into before such termination 
date. 
‘‘(c) GENERAL PROVISIONS.— 
‘‘(1) DURATION.—An agreement entered into 
under subsection (a) or (b) (and, in the case of such 
subsection (b), in accordance with paragraph (4) of 
such subsection) may last as long as required to 
meet the terms of such agreement. 
‘‘(2) CRITERIA.—In carrying out agreements 
entered into under subsection (a) or (b), the Com-
missioner of U.S. Customs and Border Protection, 
in consultation with the Administrator of General 
Services, shall establish criteria that includes the fol-
lowing: 
‘‘(A) Selection and evaluation of donors. 
‘‘(B) Identification of roles and responsibil-
ities between U.S. Customs and Border Protec-
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tion, the General Services Administration, as 
applicable, and donors. 
‘‘(C) Identification, allocation, and man-
agement of explicit and implicit risks of 
partnering between the Federal Government 
and donors. 
‘‘(D) Decisionmaking and dispute resolu-
tion processes. 
‘‘(E) Processes for U.S. Customs and Bor-
der Protection, and the General Services Ad-
ministration, as applicable, to terminate agree-
ments if selected donors are not meeting the 
terms of any such agreement, including the se-
curity standards established by U.S. Customs 
and Border Protection. 
‘‘(3) EVALUATION PROCEDURES.— 
‘‘(A) IN GENERAL.—The Commissioner of 
U.S. Customs and Border Protection, in con-
sultation with the Administrator of General 
Services, as applicable, shall— 
‘‘(i) establish criteria for evaluating a 
proposal to enter into an agreement under 
subsection (a) or (b); and 
‘‘(ii) make such criteria publicly avail-
able. 
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‘‘(B) CONSIDERATIONS.—Criteria estab-
lished pursuant to subparagraph (A) shall con-
sider the following: 
‘‘(i) The impact of a proposal referred 
to in such subparagraph on the land, sea, 
or air port of entry at issue and other 
ports of entry or similar facilities or other 
infrastructure near the location of the pro-
posed donation. 
‘‘(ii) Such proposal’s potential to in-
crease trade and travel efficiency through 
added capacity. 
‘‘(iii) Such proposal’s potential to en-
hance the security of the port of entry at 
issue. 
‘‘(iv) For a donation under subsection 
(b)— 
‘‘(I) whether such donation satis-
fies the requirements of such pro-
posal, or whether additional real prop-
erty would be required; and 
‘‘(II) an explanation of how such 
donation was acquired, including if 
eminent domain was used. 
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‘‘(v) The funding available to complete 
the intended use of such donation. 
‘‘(vi) The costs of maintaining and 
operating such donation. 
‘‘(vii) The impact of such proposal on 
U.S. Customs and Border Protection staff-
ing requirements. 
‘‘(viii) Other factors that the Commis-
sioner or Administrator determines to be 
relevant. 
‘‘(C) 
DETERMINATION
AND
NOTIFICA-
TION.—Not later than 180 days after receiving 
a proposal to enter into an agreement under 
subsection (a) or (b), the Commissioner of U.S. 
Customs and Border Protection, with the con-
currence of the Administrator of General Serv-
ices, as applicable, shall make a determination 
to deny or approve such proposal, and shall no-
tify the entity that submitted such proposal of 
such determination. 
‘‘(4) SUPPLEMENTAL FUNDING.—Except as re-
quired under section 3307 of title 40, United States 
Code, for real property donations to the Adminis-
trator of General Services at a GSA-owned land port 
of entry, donations made pursuant to subsection (a) 
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and (b) may be used in addition to any other fund-
ing for such purpose, including appropriated funds, 
property, or services. 
‘‘(5) RETURN OF DONATIONS.—The Commis-
sioner of U.S. Customs and Border Protection, or 
the Administrator of General Services, as applicable, 
may return any donation made pursuant to sub-
section (a) or (b). No interest shall be owed to the 
donor with respect to any donation provided under 
such subsections that is returned pursuant to this 
subsection. 
‘‘(6) PROHIBITION ON CERTAIN FUNDING.—Ex-
cept as provided in subsections (a) and (b) regarding 
the acceptance of donations, the Commissioner of 
U.S. Customs and Border Protection and the Ad-
ministrator of General Services, as applicable, may 
not, with respect to an agreement entered into under 
either of such subsections, obligate or expend 
amounts in excess of amounts that have been appro-
priated pursuant to any appropriations Act for pur-
poses specified in either of such subsections or oth-
erwise made available for any of such purposes. 
‘‘(7) ANNUAL REPORTS.—The Commissioner of 
U.S. Customs and Border Protection, in collabora-
tion with the Administrator of General Services, as 
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applicable, shall submit to the Committee on Home-
land Security, the Committee on Transportation and 
Infrastructure, and the Committee on Appropria-
tions of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs, the Committee on Environment and Public 
Works, and the Committee on Appropriations of the 
Senate an annual report identifying the activities 
undertaken and agreements entered into pursuant to 
subsections (a) and (b). 
‘‘(d) RULE OF CONSTRUCTION.—Except as otherwise 
provided in this section, nothing in this section may be 
construed as affecting in any manner the responsibilities, 
duties, or authorities of U.S. Customs and Border Protec-
tion or the General Services Administration. 
‘‘SEC. 483. CURRENT AND PROPOSED AGREEMENTS. 
‘‘Nothing in this subtitle may be construed as affect-
ing in any manner— 
‘‘(1) any agreement entered into pursuant to 
section 560 of division D of the Consolidated and 
Further Continuing Appropriations Act, 2013 (Pub-
lic Law 113–6) or section 559 of title V of division 
F of the Consolidated Appropriations Act, 2014 (6 
U.S.C. 211 note; Public Law 113–76), as in exist-
ence on the day before the date of the enactment of 
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this subtitle, and any such agreement shall continue 
to have full force and effect on and after such date; 
or 
‘‘(2) a proposal accepted for consideration by 
U.S. Customs and Border Protection pursuant to 
such section 559, as in existence on the day before 
such date of enactment. 
‘‘SEC. 484. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) DONOR.—The term ‘donor’ means any en-
tity that is proposing to make a donation under this 
Act. 
‘‘(2) ENTITY.—The term ‘entity’ means any— 
‘‘(A) person; 
‘‘(B) partnership, corporation, trust, es-
tate, cooperative, association, or any other orga-
nized group of persons; 
‘‘(C) Federal, State or local government 
(including any subdivision, agency or instru-
mentality thereof); or 
‘‘(D) any other private or governmental en-
tity.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
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amended by adding at the end of the list of items relating 
to title IV the following new items: 
‘‘Subtitle G—U.S. Customs and Border Protection Public Private 
Partnerships 
‘‘Sec. 481. Fee agreements for certain services at ports of entry. 
‘‘Sec. 482. Port of entry donation authority. 
‘‘Sec. 483. Current and proposed agreements. 
‘‘Sec. 484. Definitions.’’. 
(c) REPEALS.—Section 560 of division D of the Con-
solidated and Further Continuing Appropriations Act, 
2013 (Public Law 113–6) and section 559 of title V of 
division F of the Consolidated Appropriations Act, 2014 
(6 U.S.C. 211 note; Public Law 113–76) are repealed. 
SEC. 204. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC 
IDENTITY MANAGEMENT. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341, et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 708. OFFICE OF BIOMETRIC IDENTITY MANAGEMENT. 
‘‘(a) ESTABLISHMENT.—The Office of Biometric 
Identity Management is established within the Depart-
ment. 
‘‘(b) DIRECTOR.— 
‘‘(1) IN
GENERAL.—The Office of Biometric 
Identity Management shall be administered by the 
Director of the Office of Biometric Identity Manage-
ment (in this section referred to as the ‘Director’) 
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who shall report to the Secretary, or to another offi-
cial of the Department, as the Secretary may direct. 
‘‘(2) QUALIFICATIONS AND DUTIES.—The Di-
rector shall— 
‘‘(A) have significant professional manage-
ment experience, as well as experience in the 
field of biometrics and identity management; 
‘‘(B) lead the Department’s biometric iden-
tity services to support anti-terrorism, counter- 
terrorism, border security, credentialing, na-
tional security, and public safety and enable 
operational missions across the Department by 
matching, storing, sharing, and analyzing bio-
metric data; 
‘‘(C) deliver biometric identity information 
and analysis capabilities to— 
‘‘(i) the Department and its compo-
nents; 
‘‘(ii) appropriate Federal, State, local, 
and tribal agencies; 
‘‘(iii) 
appropriate 
foreign 
govern-
ments; and 
‘‘(iv) appropriate private sector enti-
ties; 
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‘‘(D) support the law enforcement, public 
safety, national security, and homeland security 
missions of other Federal, State, local, and trib-
al agencies, as appropriate; 
‘‘(E) establish and manage the operation 
and maintenance of the Department’s sole bio-
metric repository; 
‘‘(F) establish, manage, and operate Bio-
metric Support Centers to provide biometric 
identification and verification analysis and serv-
ices to the Department, appropriate Federal, 
State, local, and tribal agencies, appropriate 
foreign governments, and appropriate private 
sector entities; 
‘‘(G) in collaboration with the Undersecre-
tary for Science and Technology, establish a 
Department-wide research and development 
program to support efforts in assessment, devel-
opment, and exploration of biometric advance-
ments and emerging technologies; 
‘‘(H) oversee Department-wide standards 
for biometric conformity, and work to make 
such standards Government-wide; 
‘‘(I) in coordination with the Department’s 
Office of Policy, and in consultation with rel-
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evant component offices and headquarters of-
fices, enter into data sharing agreements with 
appropriate Federal agencies to support immi-
gration, law enforcement, national security, and 
public safety missions; 
‘‘(J) maximize interoperability with other 
Federal, State, local, and international biomet-
ric systems, as appropriate; and 
‘‘(K) carry out the duties and powers pre-
scribed by law or delegated by the Secretary. 
‘‘(c) DEPUTY DIRECTOR.—There shall be in the Of-
fice of Biometric Identity Management a Deputy Director, 
who shall assist the Director in the management of the 
Office. 
‘‘(d) CHIEF TECHNOLOGY OFFICER.— 
‘‘(1) IN GENERAL.—There shall be in the Office 
of Biometric Identity Management a Chief Tech-
nology Officer. 
‘‘(2) DUTIES.—The Chief Technology Officer 
shall— 
‘‘(A) ensure compliance with policies, proc-
esses, standards, guidelines, and procedures re-
lated to information technology systems man-
agement, enterprise architecture, and data 
management; 
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‘‘(B) provide engineering and enterprise 
architecture guidance and direction to the Of-
fice of Biometric Identity Management; and 
‘‘(C) leverage emerging biometric tech-
nologies to recommend improvements to major 
enterprise applications, identify tools to opti-
mize information technology systems perform-
ance, and develop and promote joint technology 
solutions to improve services to enhance mission 
effectiveness. 
‘‘(e) OTHER AUTHORITIES.— 
‘‘(1) IN GENERAL.—The Director may establish 
such other offices within the Office of Biometric 
Identity Management as the Director determines 
necessary to carry out the missions, duties, func-
tions, and authorities of the Office. 
‘‘(2) NOTIFICATION.—If the Director exercises 
the authority provided by paragraph (1), the Direc-
tor shall notify the Committee on Homeland Secu-
rity of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate not later than 30 days before ex-
ercising such authority.’’. 
(b) TRANSFER
LIMITATION.—The Secretary of 
Homeland Security may not transfer the location or re-
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porting structure of the Office of Biometric Identity Man-
agement (established by section 708 of the Homeland Se-
curity Act of 2002, as added by subsection (a) of this sec-
tion) to any component of the Department of Homeland 
Security. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by adding after the item relating to section 707 
the following new item: 
‘‘Sec. 708. Office of Biometric Identity Management.’’. 
SEC. 205. COST-BENEFIT ANALYSIS OF CO-LOCATING OPER-
ATIONAL ENTITIES. 
(a) IN GENERAL.—For any location in which U.S. 
Customs and Border Protection’s Office of Air and Marine 
Operations is based within 45 miles of locations where any 
other Department of Homeland Security agency also oper-
ates air and marine assets, the Secretary of Homeland Se-
curity shall conduct a cost-benefit analysis to consider the 
potential cost of and savings derived from co-locating avia-
tion and maritime operational assets of the respective 
agencies of the Department. In analyzing such potential 
cost savings achieved by sharing aviation and maritime fa-
cilities, such analysis shall consider, at a minimum, the 
following factors: 
(1) Potential enhanced cooperation derived 
from Department personnel being co-located. 
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(2) Potential costs of, and savings derived 
through, shared maintenance and logistics facilities 
and activities. 
(3) Joint use of base and facility infrastructure, 
such as runways, hangars, control towers, operations 
centers, piers and docks, boathouses, and fuel de-
pots. 
(4) Potential operational costs of co-locating 
aviation and maritime assets and personnel. 
(5) Short term moving costs required in order 
to co-locate facilities. 
(6) Acquisition and infrastructure costs for en-
larging current facilities, as needed. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Homeland 
Security shall submit to the Committee on Homeland Se-
curity and the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate a report summarizing the results of the cost- 
benefit analysis required under subsection (a) and any 
planned actions based upon such results. 
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SEC. 206. STRATEGIC PERSONNEL PLAN FOR U.S. CUSTOMS 
AND BORDER PROTECTION PERSONNEL DE-
PLOYED ABROAD. 
(a) IN GENERAL.—Not later than 270 days of after 
the date of the enactment of this Act, the Commissioner 
of U.S. Customs and Border Protection shall provide to 
the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a three year stra-
tegic plan for deployment of U.S. Customs and Border 
Protection (in this section referred to as ‘‘CBP’’) per-
sonnel to locations outside the United States. 
(b) CONTENTS.—The plan required under subsection 
(a) shall include the following: 
(1) A risk-based method for determining expan-
sion of CBP international programs to new loca-
tions, given resource constraints. 
(2) A plan to ensure CBP personnel deployed at 
locations outside the United States have appropriate 
oversight and support to ensure performance in sup-
port of program goals. 
(3) Information on planned future deployments 
of CBP personnel for a three year period, together 
with corresponding information on locations for such 
deployments outside the United States. 
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(c) CONSIDERATIONS.—In preparing the plan re-
quired under subsection (a), the Commissioner of U.S. 
Customs and Border Protection shall consider, and in-
clude information on, the following: 
(1) Existing CBP programs in operation out-
side of the United States, together with specific in-
formation on locations outside the United States in 
which each such program operates. 
(2) The number of CBP personnel deployed at 
each location outside the United States during the 
preceding fiscal year. 
SEC. 207. THREAT ASSESSMENT FOR UNITED STATES- 
BOUND INTERNATIONAL MAIL. 
Not later than 180 days after the date of the enact-
ment of this Act, 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 an assessment of the security threats 
posed by United States-bound international mail. 
SEC. 208. EVALUATION OF COAST GUARD DEPLOYABLE 
SPECIALIZED FORCES. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the Committee on 
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Homeland Security and the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs and the Committee on Commerce, Science, and 
Transportation of the Senate a report that describes and 
assesses the state of the Coast Guard’s Deployable Spe-
cialized Forces (in this section referred to as the ‘‘DSF’’). 
Such report shall include, at a minimum, the following ele-
ments: 
(1) For each of the past three fiscal years, and 
for each type of DSF, the following: 
(A) A cost analysis, including training, op-
erating, and travel costs. 
(B) The number of personnel assigned. 
(C) The total number of units. 
(D) The total number of operations con-
ducted. 
(E) The number of operations requested by 
each of the following: 
(i) The Coast Guard. 
(ii) Other components or offices of the 
Department of Homeland Security. 
(iii) Other Federal departments or 
agencies. 
(iv) State agencies. 
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(v) Local agencies. 
(F) The number of operations fulfilled by 
the entities specified in subparagraph (E). 
(2) Mission impact, feasibility, and cost, includ-
ing potential cost savings, of locating DSF capabili-
ties, including the following scenarios: 
(A) Combining DSFs, primarily focused on 
counterdrug operations, under one centralized 
command. 
(B) Distributing counter-terrorism and 
anti-terrorism capabilities to DSFs in each 
major United States port. 
(b) DEPLOYABLE SPECIALIZED FORCE DEFINED.— 
In this section, the term ‘‘Deployable Specialized Force’’ 
means a unit of the Coast Guard that serves as a quick 
reaction force designed to be deployed to handle counter- 
drug, counter-terrorism, and anti-terrorism operations or 
other maritime threats to the United States. 
SEC. 209. CUSTOMS-TRADE PARTNERSHIP AGAINST TER-
RORISM IMPROVEMENT. 
(a) C–TPAT EXPORTERS.—Section 212 of the Secu-
rity and Accountability for Every Port Act of 2006 (6 
U.S.C. 962) is amended by inserting ‘‘exporters,’’ after 
‘‘Importers,’’. 
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(b) RECOGNITION OF OTHER COUNTRIES’ TRUSTED 
SHIPPER PROGRAMS.— 
(1) IN GENERAL.—Section 218 of the Security 
and Accountability for Every Port Act of 2006 (6 
U.S.C. 968) is amended to read as follows: 
‘‘SEC. 218. RECOGNITION OF OTHER COUNTRIES’ TRUSTED 
SHIPPER PROGRAMS. 
‘‘Not later than 30 days before signing an arrange-
ment between the United States and a foreign government 
providing for mutual recognition of supply chain security 
practices which might result in the utilization of benefits 
described in section 214, 215, or 216, the Secretary 
shall— 
‘‘(1) notify the appropriate congressional com-
mittees of the proposed terms of such arrangement; 
and 
‘‘(2) determine, in consultation with the Com-
missioner, that such foreign government’s supply 
chain security program provides comparable security 
as that provided by C–TPAT.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of the Security and Account-
ability for Every Port Act of 2006 is amended by 
amending the item relating to section 218 to read as 
follows: 
‘‘Sec. 218. Recognition of other countries’ trusted shipper programs.’’. 
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SEC. 210. STRATEGIC PLAN TO ENHANCE THE SECURITY OF 
THE INTERNATIONAL SUPPLY CHAIN. 
Paragraph (2) of section 201(g) of the Security and 
Accountability for Every Port Act of 2006 (6 U.S.C. 941) 
is amended to read as follows: 
‘‘(2) UPDATES.—Not later than 270 days after 
the date of the enactment of this paragraph and 
every three years thereafter, the Secretary shall sub-
mit to the appropriate congressional committees a 
report that contains an update of the strategic plan 
described in paragraph (1).’’. 
SEC. 211. CONTAINER SECURITY INITIATIVE. 
Subsection (l) of section 205 of the Security and Ac-
countability for Every Port Act of 2006 (6 U.S.C. 945) 
is amended— 
(1) by striking ‘‘(1) IN GENERAL.—Not later 
than September 30, 2007,’’ and inserting ‘‘Not later 
than 270 days after the date of the enactment of the 
Border and Maritime Security Coordination Im-
provement Act,’’; 
(2) by redesignating subparagraphs (A) through 
(H) as paragraphs (1) through (8), respectively (and 
by moving the margins of such paragraphs 2 ems to 
the left); and 
(3) by striking paragraph (2). 
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SEC. 212. TRANSPORTATION WORKER IDENTIFICATION 
CREDENTIAL WAIVER AND APPEALS PROC-
ESS. 
(a) IN GENERAL.—Section 70105 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘(r) SECURING
THE
TRANSPORTATION
WORKER 
IDENTIFICATION CREDENTIAL AGAINST USE BY UNAU-
THORIZED ALIENS.— 
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Administrator of the Transportation Se-
curity Administration, shall seek to strengthen the 
integrity of transportation security cards issued 
under this section against improper access by an in-
dividual who is not lawfully present in the United 
States. 
‘‘(2) COMPONENTS.—In carrying out subsection 
(a), the Administrator of the Transportation Secu-
rity Administration shall— 
‘‘(A) publish a list of documents that will 
identify non-United States citizen transpor-
tation security card applicants and verify the 
immigration statuses of such applicants by re-
quiring each such applicant to produce a docu-
ment or documents that demonstrate— 
‘‘(i) identity; and 
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‘‘(ii) proof of lawful presence in the 
United States; and 
‘‘(B) enhance training requirements to en-
sure that trusted agents at transportation secu-
rity card enrollment centers receive training to 
identify fraudulent documents. 
‘‘(3) EXPIRATION.—A transportation security 
card issued under this section expires on the date of 
its expiration or on the date on which the individual 
to whom such card is issued is no longer lawfully en-
titled to be present in the United States, whichever 
is earlier.’’. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Homeland 
Security shall provide to the Committee on Homeland Se-
curity of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
information on the following: 
(1) The average time for the completion of an 
appeal under the appeals process established pursu-
ant to paragraph (4) of subsection (c) of section 
70105 of title 46, United States Code. 
(2) The most common reasons for any delays at 
each step in such process. 
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(3) Recommendations on how to resolve any 
such delays as expeditiously as possible. 
SEC. 213. REPEALS. 
The following provisions of the Security and Account-
ability for Every Port Act of 2006 (Public Law 109–347) 
are repealed: 
(1) Section 105 (and the item relating to such 
section in the table of contents of such Act). 
(2) Subsection (c) of section 108. 
(3) Subsections (c), (d), and (e) of section 121 
(6 U.S.C. 921). 
(4) Section 122 (6 U.S.C. 922) (and the item 
relating to such section in the table of contents of 
such Act). 
(5) Section 127 (and the item relating to such 
section in the table of contents of such Act). 
(6) Subsection (c) of section 233 (6 U.S.C. 
983). 
(7) Section 235 (6 U.S.C. 984) (and the item 
relating to such section in the table of contents of 
such Act). 
(8) Section 701 (and the item relating to such 
section in the table of contents of such Act). 
(9) Section 708 (and the item relating to such 
section in the table of contents of such Act). 
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TITLE III—SECURING OUR 
AGRICULTURE AND FOOD 
SEC. 301. COORDINATION OF FOOD, AGRICULTURE, AND 
VETERINARY DEFENSE AGAINST TERRORISM. 
(a) IN GENERAL.—Title V of the Homeland Security 
Act of 2002 is amended by inserting after section 526 (6 
U.S.C. 321o) the following new section: 
‘‘SEC. 527. COORDINATION OF DEPARTMENT OF HOMELAND 
SECURITY EFFORTS RELATED TO FOOD, AG-
RICULTURE, 
AND 
VETERINARY 
DEFENSE 
AGAINST TERRORISM. 
‘‘(a) PROGRAM REQUIRED.—The Secretary, acting 
through the Assistant Secretary for Health Affairs, shall 
carry out a program to coordinate the Department’s ef-
forts related to defending the food, agriculture, and veteri-
nary systems of the United States against terrorism and 
other high-consequence events that pose a high risk to 
homeland security. 
‘‘(b) PROGRAM ELEMENTS.—The coordination pro-
gram required by subsection (a) shall include, at a min-
imum, the following: 
‘‘(1) Providing oversight and management of 
the Department’s responsibilities pursuant to Home-
land Security Presidential Directive 9–Defense of 
United States Agriculture and Food. 
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‘‘(2) Providing oversight and integration of the 
Department’s activities related to veterinary public 
health, food defense, and agricultural security. 
‘‘(3) Leading the Department’s policy initiatives 
relating to food, animal, and agricultural incidents, 
and the impact of such incidents on animal and pub-
lic health. 
‘‘(4) Leading the Department’s policy initiatives 
relating to overall domestic preparedness for and col-
lective response to agricultural terrorism. 
‘‘(5) Coordinating with other Department com-
ponents, including U.S. Customs and Border Protec-
tion, as appropriate, on activities related to food and 
agriculture security and screening procedures for do-
mestic and imported products. 
‘‘(6) Coordinating with appropriate Federal de-
partments and agencies. 
‘‘(7) Other activities as determined necessary 
by the Secretary.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 (6 
U.S.C. 101 note) is amended— 
(1) by striking the items relating to sections 
523, 524, and 525; and 
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(2) by inserting after the item relating to sec-
tion 522 the following new items: 
‘‘Sec. 523. Guidance and recommendations. 
‘‘Sec. 524. Voluntary private sector preparedness accreditation and certification 
program. 
‘‘Sec. 525. Acceptance of gifts. 
‘‘Sec. 526. Integrated public alert and warning system modernization. 
‘‘Sec. 527. Coordination of Department of Homeland Security efforts related to 
food, agriculture, and veterinary defense against terrorism.’’. 
TITLE IV—STRONG VISA 
INTEGRITY SECURES AMERICA 
SEC. 401. VISA SECURITY. 
(a) VISA SECURITY UNITS AT HIGH RISK POSTS.— 
Paragraph (1) of section 428(e) of the Homeland Security 
Act of 2002 (6 U.S.C. 236(e)) is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(A) AUTHORIZATION.—The Secretary’’; 
and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) RISK-BASED ASSIGNMENTS.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall assign, in a risk-based manner, and 
based on the criteria described in clause 
(ii), employees of the Department to not 
fewer than 30 diplomatic and consular 
posts at which visas are issued. 
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‘‘(ii) CRITERIA DESCRIBED.—The cri-
teria referred to in clause (i) are the fol-
lowing: 
‘‘(I) The number of nationals of 
a country in which any of the diplo-
matic and consular posts referred to 
in clause (i) are located who were 
identified in United States Govern-
ment databases related to the identi-
ties of known or suspected terrorists 
during the previous year. 
‘‘(II) The level of cooperation of 
such country with the counterter-
rorism efforts of the United States. 
‘‘(III) Information analyzing the 
presence, activity, or movement of ter-
rorist organizations (as such term is 
defined in section 212(a)(3)(B)(vi) of 
the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(3)(B)(vi))) within 
or through such country. 
‘‘(IV) The number of derogatory 
Security Advisory Opinions issued by 
the Visa Security Advisory Opinion 
Unit pursuant to paragraph (10) re-
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garding nationals of a country in 
which any of the diplomatic and con-
sular posts referred to in clause (i) 
are located. 
‘‘(V) The adequacy of the border 
and immigration control of such coun-
try. 
‘‘(VI) Any other criteria the Sec-
retary determines appropriate. 
‘‘(iii) RULE OF CONSTRUCTION.—The 
assignment of employees of the Depart-
ment pursuant to this subparagraph is 
solely the authority of the Secretary and 
may not be altered or rejected by the Sec-
retary of State.’’. 
(b) COUNTERTERROR VETTING AND SCREENING.— 
Paragraph (2) of section 428(e) of the Homeland Security 
Act of 2002 is amended— 
(1) by redesignating subparagraph (C) as sub-
paragraph (D); and 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph: 
‘‘(C) Screen any such applications against 
the appropriate criminal, national security, and 
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terrorism databases maintained by the Federal 
Government.’’. 
(c) TRAINING AND HIRING.—Subparagraph (A) of 
section 428(e)(6) of the Homeland Security Act of 2002 
is amended by— 
(1) striking ‘‘The Secretary shall ensure, to the 
extent possible, that any employees’’ and inserting 
‘‘The Secretary, acting through the Commissioner of 
U.S. Customs and Border Protection and the Direc-
tor of U.S. Immigration and Customs Enforcement, 
shall provide training to any employees’’; and 
(2) striking ‘‘shall be provided the necessary 
training’’. 
(d) PRE-ADJUDICATED VISA SECURITY ASSISTANCE 
AND VISA SECURITY ADVISORY OPINION UNIT.—Sub-
section (e) of section 428 of the Homeland Security Act 
of 2002 is amended by adding at the end the following 
new paragraphs: 
‘‘(9) REMOTE
PRE-ADJUDICATED
VISA
SECU-
RITY
ASSISTANCE.—At the visa-issuing posts at 
which employees of the Department are not assigned 
pursuant to paragraph (1), the Secretary shall, to 
the greatest extent possible, in a risk-based manner, 
and in consultation, where appropriate, with the Sec-
retary of State, assign employees of the Department 
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to remotely perform the functions required under 
paragraph (2) for such posts. 
‘‘(10) 
VISA
SECURITY
ADVISORY
OPINION 
UNIT.—The Secretary shall establish within U.S. 
Immigration and Customs Enforcement a Visa Secu-
rity Advisory Opinion Unit to respond to requests 
from the Secretary of State to conduct a visa secu-
rity review using information maintained by the De-
partment on visa applicants, including terrorism as-
sociation, criminal history, and other relevant fac-
tors, as determined by the Secretary.’’. 
SEC. 402. ELECTRONIC PASSPORT SCREENING AND BIO-
METRIC MATCHING. 
(a) IN GENERAL.—Subtitle C of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 
is amended by adding at the end the following new sec-
tions: 
‘‘SEC. 434. ELECTRONIC PASSPORT SCREENING AND BIO-
METRIC MATCHING. 
‘‘(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this section, the Commissioner 
of U.S. Customs and Border Protection shall— 
‘‘(1) screen electronic passports at airports of 
entry by reading each such passport’s embedded 
chip; and 
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‘‘(2) to the greatest extent practicable, utilize 
facial recognition technology or other biometric tech-
nology, as determined by the Commissioner, to 
screen travelers at United States airports of entry. 
‘‘(b) APPLICABILITY.— 
‘‘(1) ELECTRONIC
PASSPORT
SCREENING.— 
Paragraph (1) of subsection (a) shall apply to pass-
ports belonging to individuals who are United States 
citizens, individuals who are nationals of a program 
country pursuant to section 217 of the Immigration 
and Nationality Act (8 U.S.C. 1187), and individ-
uals who are nationals of any other foreign country 
that issues electronic passports. 
‘‘(2) FACIAL RECOGNITION MATCHING.—Para-
graph (2) of subsection (a) shall apply to individuals 
who are nationals of a program country pursuant to 
section 217 of the Immigration and Nationality Act. 
‘‘SEC. 435. CONTINUOUS SCREENING BY U.S. CUSTOMS AND 
BORDER PROTECTION. 
‘‘The Commissioner of U.S. Customs and Border 
Protection shall, in a risk based manner, continuously 
screen individuals issued any visa, and individuals who are 
nationals of a program country pursuant to section 217 
of the Immigration and Nationality Act, who are present, 
or will soon be arriving, in the United States, against the 
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appropriate criminal, national security, and terrorism 
databases maintained by the Federal Government.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
433 the following new items: 
‘‘Sec. 434. Electronic passport screening and biometric matching. 
‘‘Sec. 435. Continuous screening by U.S. Customs and Border Protection.’’. 
SEC. 403. REPORTING OF VISA OVERSTAYS. 
Section 2 of Public Law 105–173 (8 U.S.C. 1376) 
is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security’’; and 
(B) by inserting before the period at the 
end the following: ‘‘, and any additional infor-
mation that the Secretary determines necessary 
for purposes of the report under subsection 
(b)’’; and 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) ANNUAL REPORT.—Not later than June 30, 
2017, and not later than June 30 of each year thereafter, 
the Secretary of Homeland Security shall submit a report 
to the Committee on Homeland Security and the Com-
mittee on the Judiciary of the House of Representatives 
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and to the Committee on Homeland Security and Govern-
mental Affairs and the Committee on the Judiciary of the 
Senate providing, for the preceding fiscal year, numerical 
estimates of— 
‘‘(1) for each country, the number of aliens 
from the country who are described in subsection 
(a), including— 
‘‘(A) the total number of such aliens within 
all classes of nonimmigrant aliens described in 
section 101(a)(15) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)); and 
‘‘(B) the number of such aliens within each 
of the classes of nonimmigrant aliens, as well as 
the number of such aliens within each of the 
subclasses of such classes of nonimmigrant 
aliens, as applicable; 
‘‘(2) for each country, the percentage of the 
total number of aliens from the country who were 
present in the United States and were admitted to 
the United States as nonimmigrants who are de-
scribed in subsection (a); 
‘‘(3) the number of aliens described in sub-
section (a) who arrived by land at a port of entry 
into the United States; and 
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‘‘(4) the number of aliens described in sub-
section (a) who entered the United States using a 
border crossing identification card (as such term is 
defined in section 101(a)(6) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(6))).’’. 
SEC. 404. STUDENT AND EXCHANGE VISITOR INFORMATION 
SYSTEM VERIFICATION. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
ensure that the information collected under the program 
established under section 641 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1372) is available to officers of U.S. Customs and 
Border Protection conducting primary inspections of 
aliens seeking admission to the United States at each port 
of entry of the United States. 
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TITLE 
V—PROMOTING 
RESIL-
IENCE AND EFFICIENCY IN 
PREPARING 
FOR 
ATTACKS 
AND RESPONDING TO EMER-
GENCIES 
Subtitle A—Grants, Training, 
Exercises, and Coordination 
SEC. 501. MEMORANDA OF UNDERSTANDING. 
(a) IN GENERAL.—Subtitle B of title XX of the 
Homeland Security Act of 2002 (6 U.S.C. 611 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 2024. MEMORANDA OF UNDERSTANDING WITH DE-
PARTMENTAL COMPONENTS AND OFFICES. 
‘‘The Administrator shall enter into memoranda of 
understanding with the heads of the following depart-
mental components and offices delineating the roles and 
responsibilities of such components and offices regarding 
the policy and guidance for grants under section 1406 of 
the Implementing Recommendations of the 9/11 Commis-
sion Act of 2007 (6 U.S.C. 1135), sections 2003 and 2004 
of this Act, and section 70107 of title 46, United States 
Code, as appropriate: 
‘‘(1) The Commissioner of U.S. Customs and 
Border Protection. 
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‘‘(2) The Administrator of the Transportation 
Security Administration. 
‘‘(3) The Commandant of the Coast Guard. 
‘‘(4) The Under Secretary for Intelligence and 
Analysis. 
‘‘(5) The Director of the Office of Emergency 
Communications. 
‘‘(6) The Assistant Secretary for State and 
Local Law Enforcement. 
‘‘(7) The Countering Violent Extremism Coor-
dinator. 
‘‘(8) The Officer for Civil Rights and Civil Lib-
erties. 
‘‘(9) The heads of other components or offices 
of the Department, as determined by the Sec-
retary.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
2023 the following new item: 
‘‘Sec. 2024. Memoranda of understanding with departmental components and 
offices.’’. 
SEC. 502. PERIOD OF PERFORMANCE. 
(a) URBAN AREA SECURITY INITIATIVE.—Section 
2003 of the Homeland Security Act of 2002 (6 U.S.C. 
604) is amended by— 
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(1) redesignating subsection (e) as subsection 
(f); and 
(2) inserting after subsection (d) the following 
new subsection: 
‘‘(e) PERIOD OF PERFORMANCE.—The Administrator 
shall make funds provided under this section available for 
use by a recipient of a grant for a period of not less than 
36 months.’’. 
(b) STATE
HOMELAND
SECURITY
GRANT
PRO-
GRAM.—Section 2004 of the Homeland Security Act of 
2002 (6 U.S.C. 605) is amended by— 
(1) redesignating subsection (f) as subsection 
(g); and 
(2) inserting after subsection (e) the following 
the new subsection: 
‘‘(f) PERIOD OF PERFORMANCE.—The Administrator 
shall make funds provided under this section available for 
use by a recipient of a grant for a period of not less than 
36 months.’’. 
(c) PUBLIC TRANSPORTATION SECURITY ASSIST-
ANCE GRANT PROGRAM.—Section 1406 of the Imple-
menting Recommendations of the 9/11 Commission Act (6 
U.S.C. 1135; Public Law 110–53) is amended by— 
(1) redesignating subsection (m) as subsection 
(n); and 
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(2) inserting after subsection (l) the following 
new subsection: 
‘‘(m) PERIOD
OF PERFORMANCE.—The Secretary 
shall make funds provided under this section available for 
use by a recipient of a grant for a period of not less than 
36 months.’’. 
(d) PORT SECURITY GRANT PROGRAM.—Section 
70107 of title 46, United States Code, is amended by add-
ing at the end the following new subsection: 
‘‘(n) PERIOD
OF PERFORMANCE.—The Secretary 
shall make funds provided under this section available for 
use by a recipient of a grant for a period of not less than 
36 months.’’. 
(e) TRIBAL SECURITY GRANT PROGRAM.—Section 
2005 of the Homeland Security Act of 2002 (6 U.S.C. 
606) is amended by— 
(1) redesignating subsections (h) through (k) 
subsections (i) through (l), respectively; and 
(2) inserting after subsection (g) the following 
new subsection: 
‘‘(h) PERIOD
OF PERFORMANCE.—The Secretary 
shall make funds provided under this section available for 
use by a recipient of a grant for a period of not less than 
36 months.’’. 
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SEC. 503. OPERATION STONEGARDEN. 
(a) IN GENERAL.—Subtitle A of title XX of the 
Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 2009. OPERATION STONEGARDEN. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a program to be known as ‘Operation 
Stonegarden’. Under such program, the Secretary, acting 
through the Administrator, shall make grants to eligible 
law enforcement agencies, through the State Administra-
tive Agency, to enhance border security in accordance with 
this section. 
‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re-
ceive a grant under this section, a law enforcement agency 
shall— 
‘‘(1) be located in— 
‘‘(A) a State bordering either Canada or 
Mexico; or 
‘‘(B) a State or territory with a maritime 
border; and 
‘‘(2) be involved in an active, ongoing U.S. Cus-
toms and Border Protection operation coordinated 
through a sector office. 
‘‘(c) PERMITTED USES.—The recipient of a grant 
under this section may use such grant for any of the fol-
lowing: 
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‘‘(1) Equipment, including maintenance and 
sustainment costs. 
‘‘(2) Personnel, including overtime and backfill, 
in support of enhanced border law enforcement ac-
tivities. 
‘‘(3) Any activity permitted for Operation 
Stonegarden under the Department of Homeland 
Security’s Fiscal Year 2015 Homeland Security 
Grant Program Notice of Funding Opportunity. 
‘‘(4) Any other appropriate activity, as deter-
mined by the Administrator, in consultation with the 
Commissioner of U.S. Customs and Border Protec-
tion. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated $55,000,000 for each of 
fiscal years 2016 through 2020 for grants under this sec-
tion. 
‘‘(e) REPORT.—The Administrator shall annually for 
each of fiscal years 2016 through 2020 submit to the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report con-
taining information on the expenditure of grants made 
under this section by each grant recipient.’’. 
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(b) CONFORMING AMENDMENT.—Subsection (a) of 
section 2002 of the Homeland Security Act of 2002 (6 
U.S.C. 603) is amended to read as follows: 
‘‘(a) GRANTS AUTHORIZED.—The Secretary, through 
the Administrator, may award grants under sections 2003, 
2004, and 2009 to State, local, and tribal governments, 
as appropriate.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
2008 the following new item: 
‘‘Sec. 2009. Operation Stonegarden.’’. 
SEC. 504. GRANTS METRICS. 
(a) IN GENERAL.—To determine the extent to which 
grants under sections 2003 and 2004 of the Homeland 
Security Act of 2002 (6 U.S.C. 603 and 604) have closed 
capability gaps identified in State Preparedness Reports 
required under subsection (c) of section 652 of the Post- 
Katrina Emergency Management Reform Act of 2006 (6 
U.S.C. 752; title VI of the Department of Homeland Secu-
rity Appropriations Act, 2007; Public Law 109–295) and 
Threat and Hazard Identification and Risk Assessments 
from each State and high-risk urban area, the Adminis-
trator of the Federal Emergency Management Agency 
shall conduct and submit to the Committee on Homeland 
Security and the Committee on Transportation and Infra-
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structure of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate an assessment of information provided in 
such Reports and Assessments. 
(b) ASSESSMENT REQUIREMENTS.—The assessment 
required under subsection (a) shall include a comparison 
of successive State Preparedness Reports and Threat and 
Hazard Identification and Risk Assessments from each 
State and high-risk urban area. 
SEC. 505. GRANT MANAGEMENT BEST PRACTICES. 
The Administrator of the Federal Emergency Man-
agement Agency shall include in the annual Notice of 
Funding Opportunity relating to grants under sections 
2003 and 2004 of the Homeland Security Act of 2002 
(6 U.S.C. 604 and 605) an appendix that includes a sum-
mary of findings identified by the Office of the Inspector 
General of the Department of Homeland Security in au-
dits of such grants and methods to address areas identi-
fied for improvement and innovative practices instituted 
by grant recipients. 
SEC. 
506. 
ADMINISTRATION 
AND 
COORDINATION 
OF 
GRANTS. 
(a) IN GENERAL.—Paragraphs (1) and (2) of sub-
section (b) of section 2021 of the Homeland Security Act 
of 2002 (6 U.S.C. 611) are amended to read as follows: 
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‘‘(1) IN
GENERAL.—Any State or high-risk 
urban area receiving a grant under section 2003 or 
2004 shall establish a State planning committee or 
urban area working group to assist in preparation 
and revision of the State, regional, or local homeland 
security plan or the threat and hazard identification 
and risk assessment, as the case may be, and to as-
sist in determining effective funding priorities for 
grants under such sections 2003 and 2004. 
‘‘(2) COMPOSITION.—The State planning com-
mittees and urban area working groups referred to 
in paragraph (1) shall include at least one represent-
ative from each of the following significant stake-
holders: 
‘‘(A) Local or tribal government officials. 
‘‘(B) Emergency response providers, in-
cluding representatives of the fire service, law 
enforcement, emergency medical services, and 
emergency managers. 
‘‘(C) Public health officials and other ap-
propriate medical practitioners. 
‘‘(D) Individuals representing educational 
institutions, including elementary schools, com-
munity colleges, and other institutions of higher 
education. 
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‘‘(E) State and regional interoperable com-
munications coordinators, as appropriate. 
‘‘(F) State and major urban area fusion 
centers, as appropriate.’’. 
(b) CONFORMING AMENDMENT.—Paragraph (3) of 
section 2021(b) (6 U.S.C. 611) is amended by inserting 
‘‘or urban area working group, as the case may be,’’ after 
‘‘planning committee’’. 
SEC. 507. FUNDING PROHIBITION. 
The Secretary of Homeland Security may not imple-
ment the National Preparedness Grant Program or any 
successor grant program unless the Secretary receives 
prior authorization from Congress permitting such imple-
mentation. 
SEC. 508. LAW ENFORCEMENT TERRORISM PREVENTION. 
(a) LAW ENFORCEMENT TERRORISM PREVENTION 
PROGRAM.—Subsection (a) of section 2006 of the Home-
land Security Act of 2002 (6 U.S.C. 607) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘States and high-risk 
urban areas use’’ after ‘‘that’’; and 
(B) by striking ‘‘is used’’; and 
(2) in paragraph (2), by amending subpara-
graph (I) to read as follows: 
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‘‘(I) activities as determined appropriate 
by the Administrator, in coordination with the 
Assistant Secretary for State and Local Law 
Enforcement within the Office of Policy of the 
Department, through outreach to relevant 
stakeholder organizations.’’. 
(b) OFFICE FOR STATE AND LOCAL LAW ENFORCE-
MENT.—Subsection (b)(4) of section 2006 of the Home-
land Security Act of 2002 (6 U.S.C. 607) is amended— 
(1) in subparagraph (B), by inserting ‘‘, includ-
ing through consultation with such agencies regard-
ing Department programs that may impact such 
agencies’’ before the semicolon; and 
(2) in subparagraph (D), by striking ‘‘ensure’’ 
and inserting ‘‘certify’’. 
SEC. 509. ALLOWABLE USES. 
Subsection (a) of section 2008 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 609) is amended— 
(1) in the matter preceding paragraph (1), by 
inserting ‘‘including by working in conjunction with 
a National Laboratory (as defined in section 2(3) of 
the Energy Policy Act of 2005 (42 U.S.C. 
15801(3))),’’ after ‘‘plans,’’; 
(2) by redesignating paragraphs (6) through 
(13) as paragraphs (7) through (14), respectively; 
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(3) by inserting after paragraph (5) the fol-
lowing new paragraph: 
‘‘(6) enhancing medical preparedness, medical 
surge capacity, and mass prophylaxis capabilities, in-
cluding the development and maintenance of an ini-
tial pharmaceutical stockpile, including medical kits 
and diagnostics sufficient to protect first responders, 
their families, immediate victims, and vulnerable 
populations from a chemical or biological event;’’; 
and 
(4) 
in 
subsection 
(b)(3)(B), 
by 
striking 
‘‘(a)(10)’’ and inserting ‘‘(a)(11)’’. 
SEC. 510. MAINTENANCE OF GRANT INVESTMENTS. 
Section 2008 of the Homeland Security Act of 2002 
(6 U.S.C. 609) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(g) MAINTENANCE OF EQUIPMENT.—Any applicant 
for a grant under section 2003 or 2004 seeking to use 
funds to purchase equipment, including pursuant to para-
graph (3), (4), (5), or (9) of subsection (a) of this section, 
shall by the time of the receipt of such grant develop a 
plan for the maintenance of such equipment over its life- 
cycle that includes information identifying which entity is 
responsible for such maintenance.’’. 
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SEC. 511. NATIONAL DOMESTIC PREPAREDNESS CONSOR-
TIUM. 
Section 1204 of the Implementing Recommendations 
of the 9/11 Commission Act (6 U.S.C. 1102) is amend-
ed— 
(1) in subsection (d), by amending paragraphs 
(1) and (2) to read as follows: 
‘‘(1) for the Center for Domestic Preparedness, 
$65,000,000 for each of fiscal years 2016 and 2017; 
and 
‘‘(2) for the remaining Members of the National 
Domestic Preparedness Consortium, $98,000,000 
for each of fiscal years 2016 and 2017.’’; and 
(2) in subsection (e), in the matter preceding 
paragraph (1), by striking ‘‘2007’’ and inserting 
‘‘2015’’. 
SEC. 512. RURAL DOMESTIC PREPAREDNESS CONSORTIUM. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity is authorized to establish a Rural Domestic Prepared-
ness Consortium within the Department of Homeland Se-
curity consisting of universities and nonprofit organiza-
tions qualified to provide training to emergency response 
providers from rural communities. 
(b) DUTIES.—The Rural Domestic Preparedness 
Consortium authorized under subsection (a) shall identify, 
develop, test, and deliver training to State, local, and trib-
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al emergency response providers from rural communities, 
provide on-site and mobile training, and facilitate the de-
livery of training by the training partners of the Depart-
ment of Homeland Security. 
(c) 
AUTHORIZATION
OF
APPROPRIATIONS.—Of 
amounts appropriated for Continuing Training Grants of 
the Department of Homeland Security, $5,000,000 is au-
thorized to be used for the Rural Domestic Preparedness 
Consortium authorized under subsection (a). 
SEC. 513. EMERGENCY SUPPORT FUNCTIONS. 
(a) UPDATE.—Paragraph (13) of section 504(a) of 
the Homeland Security Act of 2002 (6 U.S.C. 314(a)) is 
amended by inserting ‘‘, periodically updating (but not less 
often than once every five years),’’ after ‘‘administering’’. 
(b) EMERGENCY
SUPPORT
FUNCTIONS.—Section 
653 of the Post-Katrina Emergency Management Reform 
Act of 2006 (6 U.S.C. 753; title VI of the Department 
of Homeland Security Appropriations Act, 2007; Public 
Law 109–295) is amended— 
(1) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) COORDINATION.—The President, acting through 
the Administrator, shall develop and provide to Federal 
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departments and agencies with coordinating, primary, or 
supporting responsibilities under the National Response 
Framework performance metrics to ensure readiness to 
execute responsibilities under the emergency support func-
tions of such Framework.’’. 
SEC. 514. REVIEW OF NATIONAL INCIDENT MANAGEMENT 
SYSTEM. 
Paragraph (2) of section 509(b) of the Homeland Se-
curity Act of 2002 (6 U.S.C. 319(b)) is amended, in the 
matter preceding subparagraph (A), by inserting ‘‘, but 
not less often than once every five years,’’ after ‘‘periodi-
cally’’. 
SEC. 515. APPROVAL OF CERTAIN EQUIPMENT. 
Section 2008 of the Homeland Security Act of 2002 
(6 U.S.C. 609) is amended by adding at the end the fol-
lowing: 
‘‘(g) REVIEW PROCESS.—The Administrator shall de-
velop and implement a uniform process for reviewing ap-
plications to use grants provided under section 2003 or 
2004 to purchase equipment or systems not included on 
the Authorized Equipment List maintained by the Admin-
istrator.’’. 
SEC. 516. REMEDIAL ACTION MANAGEMENT PROGRAM. 
Section 650 of the Post-Katrina Emergency Manage-
ment Reform Act of 2006 (6 U.S.C. 750; title VI of the 
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Department of Homeland Security Appropriations Act, 
2007; Public Law 109–295) is amended to read as follows: 
‘‘SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM. 
‘‘(a) IN GENERAL.—The Administrator, in coordina-
tion with the National Council on Disability and the Na-
tional Advisory Council, shall establish a remedial action 
management program to— 
‘‘(1) analyze training, exercises, and real world 
events to identify lessons learned, corrective actions, 
and best practices; 
‘‘(2) generate and disseminate, as appropriate, 
the lessons learned, corrective actions, and best 
practices referred to in paragraph (1); and 
‘‘(3) conduct remedial action tracking and long 
term trend analysis. 
‘‘(b) FEDERAL CORRECTIVE ACTIONS.—The Admin-
istrator, in coordination with the heads of appropriate 
Federal departments and agencies, shall utilize the pro-
gram established in subsection (a) to collect information 
on corrective actions identified by such Federal depart-
ments and agencies during exercises and the response to 
natural disasters, acts of terrorism, and other man-made 
disasters, and shall, not later than one year after the date 
of the enactment of this section and annually thereafter 
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for each of the next four years, submit to Congress a re-
port on the status of such corrective actions. 
‘‘(c) DISSEMINATION OF AFTER ACTION REPORTS.— 
The Administrator shall provide electronically, to the max-
imum extent practicable, to Congress and Federal, State, 
local, tribal, and private sector officials after-action re-
ports and information on lessons learned and best prac-
tices from responses to acts of terrorism, natural disas-
ters, capstone exercises conducted under the national exer-
cise program under section 648(b), and other emergencies 
or exercises.’’. 
Subtitle B—Communications 
SEC. 521. OFFICE OF EMERGENCY COMMUNICATIONS. 
The Secretary of Homeland Security may not change 
the location or reporting structure of the Office of Emer-
gency Communications of the Department of Homeland 
Security unless the Secretary receives prior authorization 
from the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate permitting 
such change. 
SEC. 522. RESPONSIBILITIES OF OFFICE OF EMERGENCY 
COMMUNICATIONS DIRECTOR. 
Subsection (c) of section 1801 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 571) is amended— 
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(1) by striking paragraph (3); 
(2) by redesignating paragraphs (4) through 
(15) as paragraphs (3) through (14), respectively; 
(3) in paragraph (8), as so redesignated, by 
striking ‘‘, in cooperation with the National Commu-
nications System,’’; 
(4) in paragraph (9), as so redesignated, by 
striking ‘‘the Homeland Security Council,’’; 
(5) in paragraph (12) by striking ‘‘Assistant 
Secretary for Grants and Training’’ and inserting 
‘‘Assistant Administrator of the Grant Programs Di-
rectorate of the Federal Emergency Management 
Agency’’; 
(6) in paragraph (13), as so redesignated, by 
striking ‘‘and’’ at the end; and 
(7) by adding after paragraph (14), as so redes-
ignated, the following new paragraphs: 
‘‘(15) administer the Government Emergency 
Telecommunications Service (GETS) and Wireless 
Priority Service (WPS) programs, or successor pro-
grams; and 
‘‘(16) assess the impact of emerging tech-
nologies on interoperable emergency communica-
tions.’’. 
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SEC. 523. ANNUAL REPORTING ON ACTIVITIES OF THE OF-
FICE OF EMERGENCY COMMUNICATIONS. 
Subsection (f) of section 1801 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 571) is amended to read as 
follows: 
‘‘(f) ANNUAL REPORTING OF OFFICE ACTIVITIES.— 
The Director of the Office of Emergency Communications 
shall, not later than one year after the date of the enact-
ment of this subsection and annually thereafter for each 
of the next four years, report to the Committee on Home-
land Security and the Committee on Energy and Com-
merce of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate on the activities and programs of the Office, in-
cluding specific information on efforts to carry out para-
graphs (4), (5), and (6) of subsection (c).’’. 
SEC. 524. NATIONAL EMERGENCY COMMUNICATIONS PLAN. 
Section 1802 of the Homeland Security Act of 2002 
(6 U.S.C. 572) is amended— 
(1) in subsection (a), in the matter preceding 
paragraph (1)— 
(A) by striking ‘‘, and in cooperation with 
the Department of National Communications 
System (as appropriate),’’; and 
(B) by inserting ‘‘, but not less than once 
every five years,’’ after ‘‘periodically’’; and 
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(2) in subsection (c)— 
(A) 
by 
redesignating 
paragraphs 
(3) 
through (10) as paragraphs (4) through (11), 
respectively; and 
(B) by inserting after paragraph (2) the 
following new paragraph: 
‘‘(3) consider the impact of emerging tech-
nologies on the attainment of interoperable emer-
gency communications;’’. 
SEC. 525. TECHNICAL EDITS. 
Title XVIII of the Homeland Security Act of 2002 
is amended— 
(1) in subsection (d) of section 1801 (6 U.S.C. 
571) by— 
(A) striking paragraph (2); and 
(B) redesignating paragraph (3) as para-
graph (2); and 
(2) in paragraph (1) of section 1804(b) (6 
U.S.C. 574(b)), in the matter preceding subpara-
graph (A), by striking ‘‘Assistant Secretary for 
Grants and Planning’’ and inserting ‘‘Assistant Ad-
ministrator of the Grant Programs Directorate of 
the Federal Emergency Management Agency’’. 
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SEC. 526. PUBLIC SAFETY BROADBAND NETWORK. 
The Undersecretary of the National Protection and 
Programs Directorate of the Department of Homeland Se-
curity shall submit to the Committee on Homeland Secu-
rity and the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate in-
formation on the Department of Homeland Security’s re-
sponsibilities related to the development of the nationwide 
Public Safety Broadband Network authorized in section 
6202 of the Middle Class Tax Relief and Job Creation 
Act of 2012 (47 U.S.C. 1422; Public Law 112–96), in-
cluding information on efforts by the Department to work 
with the First Responder Network Authority of the De-
partment of Commerce to identify and address cyber risks 
that could impact the near term or long term availability 
and operations of such network and recommendations to 
mitigate such risks. 
SEC. 527. STATEWIDE INTEROPERABILITY COORDINATORS. 
(a) IN GENERAL.—Paragraph (2) of section 2004(b) 
of the Homeland Security Act of 2002 (6 U.S.C. 605(b)) 
is amended by— 
(1) redesignating subparagraphs (B) and (C) as 
subparagraphs (C) and (D), respectively; and 
(2) inserting after subparagraph (A) the fol-
lowing new subparagraph: 
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100 
‘‘(B)(i) certification that the Governor of 
the State has designated a Statewide Interoper-
ability Coordinator, including identification in 
such certification of the individual so des-
ignated, who shall be responsible for— 
‘‘(I) coordinating the daily operations 
of the State’s interoperability efforts; 
‘‘(II) coordinating State interoper-
ability and communications projects and 
grant applications for such projects; 
‘‘(III) establishing and maintaining 
working groups to develop and implement 
key interoperability initiatives; and 
‘‘(IV) coordinating and updating, as 
necessary, a Statewide Communications 
Interoperability Plan that specifies the cur-
rent status of State efforts to enhance 
communications interoperability within the 
State, including progress, modifications, or 
setbacks, and future goals for communica-
tions interoperability among emergency re-
sponse agencies in the State; or 
‘‘(ii) if a Statewide Interoperability Coordi-
nator has not been designated in accordance 
with clause (i)— 
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101 
‘‘(I) certification that the State is per-
forming in another manner the functions 
described in subclauses (I) through (IV) of 
such clause; and 
‘‘(II) identification in such certifi-
cation of an individual who has been des-
ignated by the State as the primary point 
of contact for performance of such func-
tions;’’. 
(b) LIMITATION ON APPLICATION.—The amendment 
made by subsection (a) shall not apply with respect to any 
grant for which an application was submitted under the 
State Homeland Security Grant Program under section 
2004 of the Homeland Security Act of 2002 (6 U.S.C. 
605) before the date of the enactment of this section. 
SEC. 528. COMMUNICATIONS TRAINING. 
The Under Secretary for Management of the Depart-
ment of Homeland Security, in coordination with the ap-
propriate component heads, shall develop a mechanism, 
consistent with the strategy required pursuant to the De-
partment of Homeland Security Interoperable Commu-
nications Act (Public Law 114–29), to verify that radio 
users within the Department receive initial and ongoing 
training on the use of the radio systems of such compo-
nents, including interagency radio use protocols. 
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102 
Subtitle C—Medical Preparedness 
SEC. 531. PRE-EVENT ANTHRAX VACCINATION PROGRAM 
FOR EMERGENCY RESPONSE PROVIDERS. 
(a) ANTHRAX PREPAREDNESS.— 
(1) IN GENERAL.—Title V of the Homeland Se-
curity Act of 2002 (6 U.S.C. 311 et seq.) is amend-
ed by adding at the end the following new section: 
‘‘SEC. 526. ANTHRAX PREPAREDNESS. 
‘‘(a) PRE-EVENT ANTHRAX VACCINATION PROGRAM 
FOR EMERGENCY RESPONSE PROVIDERS.—For the pur-
pose of domestic preparedness for and collective response 
to terrorism, the Secretary, in coordination with the Sec-
retary of Health and Human Services, shall establish a 
program to provide anthrax vaccines from the strategic 
national stockpile under section 319F–2(a) of the Public 
Health Service Act (42 U.S.C. 247d–6b(a)) that will be 
nearing the end of their labeled dates of use at the time 
such vaccines are to be administered to emergency re-
sponse providers who are at high risk of exposure to an-
thrax and who voluntarily consent to such administration, 
and shall— 
‘‘(1) establish any necessary logistical and 
tracking systems to facilitate making such vaccines 
so available; 
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103 
‘‘(2) distribute disclosures regarding associated 
benefits and risks to end users; and 
‘‘(3) conduct outreach to educate emergency re-
sponse providers about the voluntary program. 
‘‘(b) THREAT ASSESSMENT.—The Secretary shall— 
‘‘(1) support homeland security-focused risk 
analysis and risk assessments of the threats posed 
by anthrax from an act of terror; 
‘‘(2) leverage existing and emerging homeland 
security intelligence capabilities and structures to 
enhance prevention, protection, response, and recov-
ery efforts with respect to an anthrax terror attack; 
and 
‘‘(3) share information and provide tailored an-
alytical support on threats posed by anthrax to 
State, local, and tribal authorities, as well as other 
national biosecurity and biodefense stakeholders.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of the Homeland Security Act 
of 2002 is amended by inserting at the end of the 
items relating to title V the following new item: 
‘‘Sec. 526. Anthrax preparedness.’’. 
(b) PILOT PROGRAM.— 
(1) IN
GENERAL.—In carrying out the pre- 
event vaccination program authorized in subsection 
(a) of section 526 of the Homeland Security Act of 
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104 
2002, as added by subsection (a) of this section, the 
Secretary of Homeland Security, in coordination 
with the Secretary of Health and Human Services, 
shall carry out a pilot program to provide anthrax 
vaccines to emergency response providers as so au-
thorized. The duration of the pilot program shall be 
24 months from the date the initial vaccines are ad-
ministered to participants. 
(2) PRELIMINARY
REQUIREMENTS.—Prior to 
implementing the pilot program under paragraph 
(1), the Secretary of Homeland Security shall— 
(A) establish a communication platform for 
such pilot program; 
(B) establish education and training mod-
ules for such pilot program; 
(C) conduct economic analysis of such pilot 
program; and 
(D) create a logistical platform for the an-
thrax vaccine request process under such pilot 
program. 
(3) LOCATION.—In carrying out the pilot pro-
gram under paragraph (1), the Secretary of Home-
land Security shall select emergency response pro-
viders based in at least two States for participation 
in such pilot program. 
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105 
(4) DISTRIBUTION
OF
INFORMATION.—The 
Secretary of Homeland Security shall provide to 
each emergency response provider who participates 
in the pilot program under paragraph (1) disclosures 
and educational materials regarding the associated 
benefits and risks of any vaccine provided under 
such pilot program and of exposure to anthrax. 
(5) REPORT.—Not later than one year after the 
date of the enactment of this Act and annually 
thereafter until one year after the completion of the 
pilot program under paragraph (1), the Secretary of 
Homeland Security shall submit to the Committee 
on Homeland Security and the Committee on En-
ergy and Commerce of the House of Representatives 
and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate a report on the 
progress and results of such pilot program, including 
the percentage of eligible emergency response pro-
viders, as determined by each pilot location, that vol-
unteer to participate, the degree to which partici-
pants obtain necessary vaccinations, as appropriate, 
and recommendations to improve initial and recur-
rent participation in such pilot program. Each such 
report shall include a discussion of plans to continue 
such pilot program to provide vaccines to emergency 
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106 
response providers under subsection (a) of section 
526 of the Homeland Security Act of 2002, as 
added by subsection (a) of this section. 
(6) DEADLINE
FOR
IMPLEMENTATION.—The 
Secretary of Homeland Security shall begin imple-
menting the pilot program under paragraph (1) by 
not later than the date that is one year after the 
date of the enactment of this Act. 
SEC. 532. CHIEF MEDICAL OFFICER. 
(a) IN GENERAL.—Subsection (c) of section 516 of 
the Homeland Security Act of 2002 (6 U.S.C. 321e) is 
amended— 
(1) in the matter preceding paragraph (1), by 
inserting ‘‘and shall establish medical and human, 
animal, and occupational health exposure policy, 
guidance, strategies, and initiatives,’’ before ‘‘includ-
ing—’’; 
(2) in paragraph (1), by inserting before the 
semicolon at the end the following: ‘‘, including ad-
vice on how to prepare for, protect against, respond 
to, recover from, and mitigate against the medical 
effects of terrorist attacks or other high consequence 
events utilizing chemical, biological, radiological, or 
nuclear agents or explosives’’; 
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(3) in paragraph (2), by inserting before the 
semicolon at the end the following: ‘‘, including co-
ordinating the Department’s policy, strategy and 
preparedness for pandemics and emerging infectious 
diseases’’; 
(4) in paragraph (5), by inserting ‘‘emergency 
medical services and medical first responder stake-
holders,’’ after ‘‘the medical community’’; 
(5) in paragraph (6), by striking ‘‘and’’ at the 
end; and 
(6) by adding after paragraph (7) the following 
new paragraphs: 
‘‘(8) ensuring that the workforce of the Depart-
ment has evidence-based policy, standards, require-
ments, and metrics for occupational health and oper-
ational medicine programs; 
‘‘(9) directing and maintaining a coordinated 
system for medical support for the Department’s 
operational activities; 
‘‘(10) providing oversight of the Department’s 
medical programs and providers, including— 
‘‘(A) 
reviewing 
and 
maintaining 
verification of the accreditation of the Depart-
ment’s health provider workforce; 
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‘‘(B) developing quality assurance and clin-
ical 
policy, 
requirements, 
standards, 
and 
metrics for all medical and health activities of 
the Department; 
‘‘(C) providing oversight of medical records 
systems for employees and individuals in the 
Department’s care and custody; and 
‘‘(D) providing medical direction for emer-
gency medical services activities of the Depart-
ment; and 
‘‘(11) as established under section 527, main-
taining a medical countermeasures stockpile and dis-
pensing system, as necessary, to facilitate personnel 
readiness, and protection for working animals, em-
ployees, and individuals in the Department’s care 
and custody in the event of a chemical, biological, 
radiological, nuclear, or explosives attack, naturally 
occurring disease outbreak, or pandemic.’’. 
(b) MEDICAL LIAISONS.—The Chief Medical Officer 
of the Department of Homeland Security may provide 
medical liaisons to the components of the Department to 
provide subject matter expertise on medical and public 
health issues and a direct link to the Chief Medical Offi-
cer. Such expertise may include the following: 
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(1) Providing guidance on health and medical 
aspects of policy, planning, operations, and work-
force health protection. 
(2) Identifying and resolving component med-
ical issues. 
(3) Supporting the development and alignment 
of medical and health systems. 
(4) Identifying common gaps in medical and 
health standards, policy, and guidance, and enter-
prise solutions to bridge such gaps. 
SEC. 533. MEDICAL COUNTERMEASURES PROGRAM. 
(a) IN GENERAL.—Title V of the Homeland Security 
Act of 2002 (6 U.S.C. 311 et seq.), as amended by section 
531 of this title, is further amended by adding at the end 
the following new section: 
‘‘SEC. 527. MEDICAL COUNTERMEASURES. 
‘‘(a) IN GENERAL.—The Secretary shall establish a 
medical countermeasures program to facilitate personnel 
readiness, and protection for working animals, employees, 
and individuals in the Department’s care and custody, in 
the event of a chemical, biological, radiological, nuclear, 
or explosives attack, naturally occurring disease outbreak, 
or pandemic, and to support Department mission con-
tinuity. 
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‘‘(b) OVERSIGHT.—The Chief Medical Officer, estab-
lished under section 516, shall provide programmatic over-
sight of the medical countermeasures program established 
pursuant to subsection (a), and shall— 
‘‘(1) develop Department-wide standards for 
medical countermeasure 
storage, 
security, 
dis-
pensing, and documentation; 
‘‘(2) maintain a stockpile of medical counter-
measures, including antibiotics, antivirals, and radio-
logical countermeasures, as appropriate; 
‘‘(3) preposition appropriate medical counter-
measures in strategic locations nationwide, based on 
threat and employee density, in accordance with ap-
plicable Federal statutes and regulations; 
‘‘(4) provide oversight and guidance on dis-
pensing of stockpiled medical countermeasures; 
‘‘(5) ensure rapid deployment and dispensing of 
medical countermeasures in a chemical, biological, 
radiological, nuclear, or explosives attack, naturally 
occurring disease outbreak, or pandemic; 
‘‘(6) provide training to Department employees 
on medical countermeasure dispensing; and 
‘‘(7) support dispensing exercises. 
‘‘(c) 
MEDICAL
COUNTERMEASURES
WORKING 
GROUP.—The Chief Medical Officer shall establish a med-
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111 
ical countermeasures working group comprised of rep-
resentatives from appropriate components and offices of 
the Department to ensure that medical countermeasures 
standards are maintained and guidance is consistent. 
‘‘(d) 
MEDICAL
COUNTERMEASURES
MANAGE-
MENT.—Not later than 180 days after the date of the en-
actment of this section, the Chief Medical Officer shall de-
velop and submit to the Secretary an integrated logistics 
support plan for medical countermeasures, including— 
‘‘(1) a methodology for determining the ideal 
types and quantities of medical countermeasures to 
stockpile and how frequently such methodology shall 
be reevaluated; 
‘‘(2) a replenishment plan; and 
‘‘(3) inventory tracking, reporting, and rec-
onciliation procedures for existing stockpiles and 
new medical countermeasure purchases. 
‘‘(e) STOCKPILE ELEMENTS.—In determining the 
types and quantities of medical countermeasures to stock-
pile under subsection (d), the Chief Medical Officer shall 
utilize, if available— 
‘‘(1) Department chemical, biological, radio-
logical, and nuclear risk assessments; and 
‘‘(2) Centers for Disease Control and Preven-
tion guidance on medical countermeasures. 
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‘‘(f) REPORT.—No later than 180 days after the date 
of the enactment of this section, the Chief Medical Officer 
shall report to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate on progress in achieving the requirements of this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by section 531 of this title, is further amended 
by inserting at the end of the items relating to title V 
the following new item: 
‘‘Sec. 527. Medical countermeasures.’’. 
Subtitle D—Management 
SEC. 541. MISSION SUPPORT. 
(a) ESTABLISHMENT.—The Administrator of the 
Federal Emergency Management Agency shall designate 
an individual to serve as the chief management official and 
principal advisor to the Administrator on matters related 
to the management of the Federal Emergency Manage-
ment Agency, including management integration in sup-
port of emergency management operations and programs. 
(b) MISSION AND RESPONSIBILITIES.—The Adminis-
trator of the Federal Emergency Management Agency, 
acting through the official designated pursuant to sub-
section (a), shall be responsible for the management and 
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administration of the Federal Emergency Management 
Agency, including with respect to the following: 
(1) Procurement. 
(2) Human resources and personnel. 
(3) Information technology and communications 
systems. 
(4) Real property investment and planning, fa-
cilities, accountable personal property (including 
fleet and other material resources), records and dis-
closure, privacy, safety and health, and sustain-
ability and environmental management. 
(5) Security for personnel, information tech-
nology and communications systems, facilities, prop-
erty, equipment, and other material resources. 
(6) Any other management duties that the Ad-
ministrator may designate. 
(c) MOUNT WEATHER EMERGENCY OPERATIONS 
AND ASSOCIATED FACILITIES.—Nothing in this section 
shall be construed as limiting or otherwise affecting the 
role or responsibility of the Assistant Administrator for 
National Continuity with respect to the matters described 
in subsection (b) as they relate to the Mount Weather 
Emergency Operations Center and associated facilities. 
The management and administration of the Mount Weath-
er Emergency Operations Center and associated facilities 
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remains the responsibility of the Assistant Administrator 
for National Continuity. 
(d) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Administrator of the 
Federal Emergency Management Agency shall submit to 
the Committee on Homeland Security and the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report that in-
cludes— 
(1) a review of financial, human capital, infor-
mation technology, real property planning, and ac-
quisition management of headquarters and all re-
gional offices of the Federal Emergency Manage-
ment Agency; and 
(2) a strategy for capturing financial, human 
capital, information technology, real property plan-
ning, and acquisition data. 
SEC. 542. SYSTEMS MODERNIZATION. 
Not later than 120 days after the date of the enact-
ment of this Act, the Administrator of the Federal Emer-
gency Management Agency shall submit to the Committee 
on Homeland Security and the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Homeland Security and Govern-
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mental Affairs of the Senate a report on the Federal 
Emergency Management Agency’s efforts to modernize its 
grants and financial information technology systems, in-
cluding the following: 
(1) A summary of all previous efforts to mod-
ernize such systems. 
(2) An assessment of long term cost savings 
and efficiencies gained through such modernization 
effort. 
(3) A capability needs assessment. 
(4) Estimated quarterly costs. 
(5) Estimated acquisition life cycle dates, in-
cluding acquisition decision events. 
SEC. 543. STRATEGIC HUMAN CAPITAL PLAN. 
Subsection (c) of section 10102 of title 5, United 
States Code, is amended by striking ‘‘2007’’ and inserting 
‘‘2016’’. 
SEC. 544. ACTIVITIES RELATED TO CHILDREN. 
Paragraph (2) of section 503(b) of the Homeland Se-
curity Act of 2002 (6 U.S.C. 313(b)) is amended— 
(1) in subparagraph (G), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (H), by striking the period 
at the end and inserting ‘‘; and’’; and 
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(3) by adding at the end the following new sub-
paragraph: 
‘‘(I) integrate the needs of children into 
the Agency’s activities to prepare for, protect 
against, respond to, recover from, and mitigate 
against natural disasters, acts of terrorism, and 
other man-made disasters, including by appoint-
ing a technical expert to coordinate such activi-
ties, as necessary.’’. 
Subtitle E—Flood Insurance 
Claims Process Reforms 
SEC. 551. CLAIMS ADJUSTMENT AND ENGINEERING RE-
PORTS. 
Section 1312 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4019) is amended by adding at the end 
the following new subsections: 
‘‘(d) FINAL ENGINEERING REPORTS.—The Adminis-
trator shall require that, in the case of any on-site inspec-
tion of a property by an engineer for the purpose of assess-
ing any claim for losses covered by a policy for flood insur-
ance coverage provided under this title, the final engineer-
ing report shall be provided to the insured under the pol-
icy, as follows: 
‘‘(1) TIMING.—The final engineering report 
may not be transmitted to any other person, em-
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ployer, agency, or entity, before it is transmitted to 
the insured. 
‘‘(2) PROHIBITION ON ALTERATIONS; CERTIFI-
CATION.—The final engineering report may not in-
clude alterations by, or at the request of, anyone 
other than the responsible in charge for such report 
and shall include a certification, signed by the re-
sponsible in charge for the report, that it does not 
contain any such alterations. 
‘‘(3) TRANSMITTAL.—The final engineering re-
port shall be transmitted to the insured in a manner 
as the Administrator shall provide that provides rea-
sonable assurance that it was transmitted directly to 
the insured by the responsible in charge. 
‘‘(4) REPORTS COVERED.—For purposes of this 
subsection, the term ‘final engineering report’ means 
an engineering report, survey, or other document in 
connection with such claim that— 
‘‘(A) is based on such on-site inspection; 
‘‘(B) contains final conclusions with re-
spect to an engineering issue or issues involved 
in such claim; and 
‘‘(C) is signed by the responsible in charge 
or affixed with the seal of such responsible in 
charge, or both. 
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‘‘(e) CLAIMS ADJUSTMENT REPORTS.—The Adminis-
trator shall require that, in the case of any on-site inspec-
tion of a property by a claims adjustor for the purpose 
of assessing any claim for losses covered by a policy for 
flood insurance coverage provided under this title, any re-
port shall be provided to the insured under the policy, as 
follows: 
‘‘(1) TIMING.—Such report may not be trans-
mitted to any other person, employer, agency, or en-
tity, before it is transmitted to the insured. 
‘‘(2) PROHIBITION ON ALTERATIONS; CERTIFI-
CATION.—The report may not include alterations by, 
or at the request of, anyone other than such pre-
parer and shall include a certification, signed by the 
preparer of the report, that it does not contain any 
such alterations. 
‘‘(3) TRANSMITTAL.—The report shall be trans-
mitted to the insured in a manner as the Adminis-
trator shall provide that provides reasonable assur-
ance that it was transmitted directly to the insured 
by the preparer. 
‘‘(4) REPORTS COVERED.—For purposes of this 
subsection, the term ‘report’ means any report or 
document in connection with such claim that is 
based on such on-site inspection by the claims adjus-
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tor, including any adjustment report and field re-
port. Such term also includes any draft, preliminary 
version, or copy of any such report and any amend-
ments or additions to any such report. Such term 
does not include any engineering report, as such 
term is defined for purposes of subsection (d).’’. 
SEC. 552. JUDICIAL REVIEW. 
(a) GOVERNMENT PROGRAM WITH INDUSTRY AS-
SISTANCE.—Section 1341 of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4072) is amended by striking 
‘‘within one year after the date of mailing of notice of dis-
allowance or partial disallowance by the Administrator’’ 
and inserting the following: ‘‘not later than the expiration 
of the 2-year period beginning upon the date of the occur-
rence of the losses involved in such claim or, in the case 
of a denial of a claim for losses that is appealed to the 
Administrator, not later than (1) the expiration of the 90- 
day period beginning upon the date of a final determina-
tion upon appeal denying such claim in whole or in part, 
or (2) the expiration of such 2-year period, whichever is 
later’’. 
(b) INDUSTRY PROGRAM WITH FEDERAL FINANCIAL 
ASSISTANCE.—Section 1333 of the National Flood Insur-
ance Act of 1968 (42 U.S.C. 4053) is amended by striking 
‘‘within one year after the date of mailing of notice of dis-
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allowance or partial disallowance of the claim’’ and insert-
ing the following: ‘‘not later than the expiration of the 2- 
year period beginning upon the date of the occurrence of 
the losses involved in such claim or, in the case of a denial 
of a claim for losses that is appealed to the Administrator, 
not later than (1) the expiration of the 90-day period be-
ginning upon the date of a final determination upon ap-
peal denying such claim in whole or in part, or (2) the 
expiration of such 2-year period, whichever is later’’. 
TITLE VI—CYBERSECURITY AND 
INFRASTRUCTURE 
PROTEC-
TION AGENCY 
SEC. 601. CYBERSECURITY AND INFRASTRUCTURE PRO-
TECTION AGENCY. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 is amended by adding at the end the following new 
title: 
‘‘TITLE 
XXII—CYBERSECURITY 
AND INFRASTRUCTURE PRO-
TECTION AGENCY 
‘‘Subtitle A—Cybersecurity and 
Infrastructure Protection 
‘‘SEC. 2201. DEFINITIONS. 
‘‘In this subtitle— 
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‘‘(1) CRITICAL INFRASTRUCTURE INCIDENT.— 
The term ‘critical infrastructure incident’ means an 
occurrence that actually or immediately jeopardizes, 
without lawful authority, the integrity, confiden-
tially, or availability of critical infrastructure. 
‘‘(2) CRITICAL
INFRASTRUCTURE
INFORMA-
TION.—The term ‘critical infrastructure information’ 
has the meaning given such term in section 2215. 
‘‘(3) CRITICAL
INFRASTRUCTURE
RISK.—The 
term ‘critical infrastructure risk’ means threats to 
and vulnerabilities of critical infrastructure and any 
related consequences caused by or resulting from un-
authorized access, use, disclosure, degradation, dis-
ruption, modification, or destruction of such critical 
infrastructure, including such related consequences 
caused by an act of terrorism. 
‘‘(4) CYBERSECURITY RISK.—The term ‘cyber-
security risk’ has the meaning given such term in 
section 2209. 
‘‘(5) CYBERSECURITY THREAT.—The term ‘cy-
bersecurity threat’ has the meaning given such term 
in paragraph (5) of section 102 of the Cybersecurity 
Information Sharing Act of 2015 (contained in divi-
sion N of the Consolidated Appropriations Act, 2016 
(Public Law 114–113; 6 U.S.C. 1501)). 
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‘‘(6) FEDERAL ENTITY.—The term ‘Federal en-
tity’ has the meaning given such term in paragraph 
(8) of section 102 of the Cybersecurity Information 
Sharing Act of 2015 (contained in division N of the 
Consolidated Appropriations Act, 2016 (Public Law 
114–113; 6 U.S.C. 1501)). 
‘‘(7) NON-FEDERAL ENTITY.—The term ‘non- 
Federal entity’ has the meaning given such term in 
paragraph (14) of section 102 of the Cybersecurity 
Information Sharing Act of 2015 (contained in divi-
sion N of the Consolidated Appropriations Act, 2016 
(Public Law 114–113; 6 U.S.C. 1501)). 
‘‘(8) SHARING.—The term ‘sharing’ has the 
meaning given such term in section 2209. 
‘‘SEC. 2202. CYBERSECURITY AND INFRASTRUCTURE PRO-
TECTION AGENCY. 
‘‘(a) REDESIGNATION.— 
‘‘(1) IN
GENERAL.—The National Protection 
and Programs Directorate of the Department shall, 
on and after the date of the enactment of this sub-
title, be known as the ‘Cybersecurity and Infrastruc-
ture Protection Agency’ (in this subtitle referred to 
as the ‘Agency’). 
‘‘(2) REFERENCES.—Any reference to the Na-
tional Protection and Programs Directorate of the 
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Department in any law, regulation, map, document, 
record, or other paper of the United States shall be 
deemed to be a reference to the Cybersecurity and 
Infrastructure Protection Agency of the Department. 
‘‘(b) MISSION.—The mission of the Agency shall be 
to lead national efforts to protect and enhance the security 
and resilience of the cyber and critical infrastructure of 
the United States. 
‘‘(c) DIRECTOR.— 
‘‘(1) IN GENERAL.—The Agency shall be head-
ed by a Director of National Cybersecurity (in this 
subtitle referred to as the ‘Director’). 
‘‘(2) REFERENCE.—Any reference to an Under 
Secretary responsible for overseeing critical infra-
structure protection, cybersecurity, and any other re-
lated program of the Department as described in 
section 103(a)(1)(H) as in effect on the day before 
the date of the enactment of this subtitle in any law, 
regulation, map, document, record, or other paper of 
the United States shall be deemed to be a reference 
to the Director of National Cybersecurity of the De-
partment. 
‘‘(d) RESPONSIBILITIES.—The Director shall— 
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‘‘(1) lead cybersecurity and critical infrastruc-
ture protection policy and operations for the Depart-
ment; 
‘‘(2) serve as the primary representative of the 
Department for coordinating with Federal entities, 
non-Federal entities, and international partners the 
cybersecurity and critical infrastructure protection 
policy and operations referred to in paragraph (1); 
‘‘(3) facilitate a national effort to strengthen 
and maintain secure, functioning, and resilient crit-
ical infrastructure from threats; 
‘‘(4) maintain and utilize mechanisms, includ-
ing a coordinating body for the regular and ongoing 
consultation and collaboration among the Agency’s 
Divisions to further operation coordination, inte-
grated situational awareness, and improved integra-
tion across the Agency; 
‘‘(5) develop, coordinate, and implement— 
‘‘(A) comprehensive strategic plans for cy-
bersecurity and critical infrastructure protec-
tion; and 
‘‘(B) risk assessments for the Department, 
in accordance with subsection (f); 
‘‘(6) carry out emergency communications re-
sponsibilities, in accordance with title XVIII; 
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‘‘(7) carry out the authorities designated to the 
Secretary under section 1315 of title 40 United 
States Code; and 
‘‘(8) carry out such other duties and powers 
prescribed by law or delegated by the Secretary. 
‘‘(e) RISK ASSESSMENTS.— 
‘‘(1) NATIONAL RISK ASSESSMENTS.—The Di-
rector, in coordination with the heads of relevant 
components of the Department and other appro-
priate Federal entities, shall develop, coordinate, and 
update periodically (not less often than once every 
two years) a national risk assessment of— 
‘‘(A) cybersecurity risks; and 
‘‘(B) critical infrastructure risks. 
‘‘(2) INTEGRATED
NATIONAL
RISK
ASSESS-
MENTS.—The Director shall develop, coordinate, and 
update periodically (not less often than once every 
two years) an integrated national risk assessment 
that assesses all of the cybersecurity risks and crit-
ical infrastructure risks referred to in paragraph (1) 
and compares each such risk and incident against 
one another according to their relative risk, includ-
ing cascading effects between each such risk. 
‘‘(3) INCLUSION IN ASSESSMENTS.—Each na-
tional risk assessment required under paragraph (1) 
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and integrated national risk assessment required 
under paragraph (2) shall include— 
‘‘(A) a description of the data and method-
ology used for each such assessment; and 
‘‘(B) if applicable, actions or counter-
measures recommended or taken by the Sec-
retary or the head of another Federal agency to 
address issues identified in each such assess-
ment. 
‘‘(4) CLASSIFICATION.—The Director shall en-
sure that each national risk assessment required 
under paragraph (1) and integrated national risk as-
sessment required under paragraph (2) has a classi-
fied and unclassified version. 
‘‘(5) PROVISION TO CONGRESS.—The Director 
shall provide to the Committee on Homeland Secu-
rity of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate each national risk assessment re-
quired under paragraph (1) and integrated national 
risk assessment required under paragraph (2) not 
later than 30 days after the completion of each such 
assessment. 
‘‘(f) METHODOLOGY.—In developing each national 
risk assessment required under subsection (f)(1) and inte-
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grated national risk assessment required under subsection 
(g)(2), the Director, in consultation with the heads of rel-
evant Federal entities, shall— 
‘‘(1) assess the proposed methodology to be 
used for such assessments; and 
‘‘(2) consider the evolving threat to the United 
States as indicated by the intelligence community 
(as such term is defined in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 3003(4))). 
‘‘(g) USAGE.—The national risk assessments and in-
tegrated national risk assessments required under sub-
section (f) shall be used to inform and guide allocation 
of resources for cybersecurity and critical infrastructure 
protection activities of the Department. 
‘‘(h) INPUT AND SHARING.—The Director shall, for 
each national risk assessment and integrated national risk 
assessment required under subsection (f)— 
‘‘(1) seek input from relevant Federal and non- 
Federal entities involved in efforts to counter 
threats; 
‘‘(2) ensure that written procedures are in place 
to guide the development of such assessments, in-
cluding for input, review, and implementation pur-
poses, among relevant Federal entities; 
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128 
‘‘(3) share the classified versions of such assess-
ments with appropriate representatives from relevant 
Federal and non-Federal entities with appropriate 
security clearances and a need for such assessments; 
and 
‘‘(4) to the maximum extent practicable, make 
available the unclassified versions of such assess-
ments to relevant Federal and non-Federal entities 
for cybersecurity and critical infrastructure protec-
tion. 
‘‘(i) COMPOSITION.—The Agency shall be composed 
of the following divisions: 
‘‘(1) The Cybersecurity Division, headed by a 
Principal Deputy Director. 
‘‘(2) The Infrastructure Protection Division, 
headed by a Deputy Director. 
‘‘(3) The Emergency Communications Division 
under title XVIII, headed by a Deputy Director. 
‘‘(4) The Federal Protective Service, headed by 
a Deputy Director. 
‘‘(j) CONTRACTING AUTHORITY.— 
‘‘(1) DEFINITION.—In this subsection the term 
‘head of contracting activity’ means each official re-
sponsible for the creation, management, and over-
sight of a team of procurement professionals prop-
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129 
erly trained, certified, and warranted to accomplish 
the acquisition of products and services on behalf of 
the designated components, offices, and organiza-
tions of the Department, and as authorized, other 
Federal Government entities. 
‘‘(2) APPLICATION.—All procurement and con-
tracting activities for the Agency shall be performed 
in accordance with the Federal Acquisition Regula-
tion, the Department of Homeland Security Acquisi-
tion Policy, and other applicable laws, Federal regu-
lations, and policies. 
‘‘(3) DELEGATED AUTHORITY.—The Secretary, 
acting through the Chief Procurement Officer of the 
Department, may delegate procurement and con-
tracting authority to the Agency head of contracting 
activity, as appropriate, after— 
‘‘(A) verifying that the head of contracting 
activity has the training and experience to carry 
out the authority to be delegated; 
‘‘(B) validating that Agency has identified 
the personnel, systems, and resources to carry 
out the authority to be delegated; and 
‘‘(C) providing Congress with a notification 
of the delegation and attestations under para-
graphs (1) and (2). 
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‘‘(4) PERFORMANCE REVIEW.— 
‘‘(A) IN
GENERAL.—The Chief Procure-
ment Officer shall provide input on the periodic 
performance review of the Agency’s head of 
contracting activity. 
‘‘(B) RULE OF CONSTRUCTION.—None of 
the authorities authorized in this subsection 
shall prohibit the Chief Procurement Officer 
from retaining contracting authority for the 
Agency, as warranted. 
‘‘(5) COMPLIANCE.—The Agency shall comply 
with Department policy prior to obligating funds 
when using reimbursable work agreements or inter-
agency acquisitions with other Federal agencies or 
Department components. 
‘‘(6) DEPARTMENT
REVIEW.—Not later than 
one year after any delegation pursuant to paragraph 
(3), the Director shall report to Congress on the ex-
ercise of procurement and contracting authority by 
the head of contracting activity of the Agency and 
the status of Agency major acquisition programs, 
cost, schedule, and performance. 
‘‘(k) STAFF.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
the Agency with a staff of analysts having appro-
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131 
priate expertise and experience to assist the Agency 
in discharging its responsibilities under this section. 
‘‘(2) PRIVATE
SECTOR
ANALYSTS.—Analysts 
under this subsection may include analysts from the 
private sector. 
‘‘(3) SECURITY CLEARANCES.—Analysts under 
this subsection shall possess security clearances ap-
propriate for their work under this section. 
‘‘(l) DETAIL OF PERSONNEL.— 
‘‘(1) IN
GENERAL.—In order to assist the 
Agency in discharging its responsibilities under this 
section, personnel of the Federal agencies referred to 
in paragraph (2) may be detailed to the Agency for 
the performance of analytic functions and related 
duties. 
‘‘(2) AGENCIES SPECIFIED.—The Federal agen-
cies referred to in paragraph (1) are the following: 
‘‘(A) The Department of State. 
‘‘(B) The Central Intelligence Agency. 
‘‘(C) The Federal Bureau of Investigation. 
‘‘(D) The National Security Agency. 
‘‘(E) The National Geospatial-Intelligence 
Agency. 
‘‘(F) The Defense Intelligence Agency. 
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‘‘(G) Any other agency of the Federal Gov-
ernment that the President considers appro-
priate. 
‘‘(3) COOPERATIVE
AGREEMENTS.—The Sec-
retary and the head of the agency concerned under 
this subsection may enter into cooperative agree-
ments for the purpose of detailing personnel under 
this subsection. 
‘‘(4) BASIS.—The detail of personnel under this 
subsection may be on a reimbursable or non-reim-
bursable basis. 
‘‘SEC. 2203. CYBERSECURITY DIVISION. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is established in the 
Agency a Cybersecurity Division. 
‘‘(2) PRINCIPAL DEPUTY DIRECTOR.—The Cy-
bersecurity Division shall be headed by a Principal 
Deputy Director of Cybersecurity (in this subtitle re-
ferred to as the ‘Principal Deputy Director’), who 
shall— 
‘‘(A) be at the level of Assistant Secretary 
within the Department; and 
‘‘(B) report to the Director. 
‘‘(3) REFERENCE.—Any reference to the Assist-
ant Secretary for Cybersecurity and Communica-
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133 
tions in any law, regulation, map, document, record, 
or other paper of the United States shall be deemed 
to be a reference to Principal Deputy Director of 
Cybersecurity. 
‘‘(b) 
FUNCTIONS.—The 
Cybersecurity 
Division 
shall— 
‘‘(1) lead the cybersecurity efforts of the Agen-
cy; 
‘‘(2) carry out— 
‘‘(A) the Department’s activities related to 
Federal information security; and 
‘‘(B) the functions of the national cyberse-
curity and communications integration center 
under section 2209; 
‘‘(3) coordinate cybersecurity initiatives with 
Federal and non-Federal entities for all activities re-
lating to stakeholder outreach, engagement, and 
education, including engagement and coordination 
activities for cybersecurity initiatives carried out by 
the National Protection and Programs Directorate, 
Office of Cybersecurity and Communications Stake-
holder Engagement and Cyber Infrastructure Resil-
ience division as of June 1, 2015; 
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134 
‘‘(4) provide coordination and support to non- 
Federal entities to reduce cybersecurity risks, includ-
ing through voluntary partnerships; 
‘‘(5) conduct network and malicious code anal-
ysis for known and unknown cybersecurity threats; 
and 
‘‘(6) in coordination with the Director, carry 
out the consultation, coordination, and collaboration 
required under subsection (d)(4) of section 2202. 
‘‘(c) ADDITIONAL FUNCTIONS.—In addition to the 
responsibilities specified in subsection (b), the Principal 
Deputy Director shall also— 
‘‘(1) under section 201, carry out paragraphs 
(1), (3), (4), (5), (6), (8), (10), (11), (13), (14), and 
(22) of subsection (d) of such section; 
‘‘(2) carry out comprehensive assessments of 
the cybersecurity risks to critical infrastructure, in-
cluding the performance of risk assessments to de-
termine the risks posed by particular types of ter-
rorist attacks within the United States (including an 
assessment of the probability of success of such at-
tacks and the feasibility and potential efficacy of 
various countermeasures to such attacks); 
‘‘(3) recommend cybersecurity measures nec-
essary to protect critical infrastructure in coordina-
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135 
tion with other Federal entities and in cooperation 
with non-Federal entities; and 
‘‘(4) ensure that any material received pursuant 
to this title is protected from unauthorized disclo-
sure and handled and used only for the performance 
of official duties. 
‘‘SEC. 2204. INFRASTRUCTURE PROTECTION DIVISION. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is established in the 
Agency an Infrastructure Protection Division. 
‘‘(2) DEPUTY
DIRECTOR.—The Infrastructure 
Protection Division shall be headed by a Deputy Di-
rector of Infrastructure Protection (in this section 
referred to as the ‘Deputy Director’), who shall re-
port to the Director. 
‘‘(3) REFERENCE.—Any reference to the Assist-
ant Secretary for Infrastructure Protection in any 
law, regulation, map, document, record, or other 
paper of the United States shall be deemed to be a 
reference to Deputy Director of Infrastructure Pro-
tection. 
‘‘(b) FUNCTIONS.—The Infrastructure Protection Di-
vision shall— 
‘‘(1) lead the critical infrastructure protection 
efforts of the Agency; 
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136 
‘‘(2) gather and manage critical infrastructure 
information and ensure that such information is 
available to the leadership of the Department and 
critical infrastructure owners and operators; 
‘‘(3) lead the efforts of the Department to se-
cure the United States high-risk chemical facilities, 
including the Chemical Facilities Anti-Terrorism 
Standards established under title XXI; 
‘‘(4) provide coordination and support to non- 
Federal entities to reduce risk to critical infrastruc-
ture from terrorist attack or natural disaster, includ-
ing through voluntary partnerships; 
‘‘(5) operate stakeholder engagement mecha-
nisms for appropriate critical infrastructure sectors, 
except that such mechanisms may not duplicate any 
engagement and coordination activities for cyberse-
curity initiatives carried out by the National Protec-
tion and Programs Directorate, Office of Cybersecu-
rity and Communications Stakeholder Engagement 
and Cyber Infrastructure Resilience division as of 
June 1, 2015; 
‘‘(6) administer the Coordinating Center estab-
lished under subsection (d); 
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137 
‘‘(7) in coordination with the Director, carry 
out the consultation and collaboration required 
under subsection (d)(4) of section 2202; and 
‘‘(8) carry out such other duties and powers as 
prescribed by the Director. 
‘‘(c) ADDITIONAL FUNCTIONS.—In addition to the 
responsibilities specified in subsection (b), the Deputy Di-
rector shall also— 
‘‘(1) under section 201, carry out paragraphs 
(1), (3), (4), (5), (6), (8), (10), (11), (13), (14), and 
(22) subsection (d) of such section; 
‘‘(2) carry out comprehensive assessments of 
the vulnerabilities of critical infrastructure, including 
the performance of risk assessments to determine 
the risks posed by particular types of terrorist at-
tacks within the United States (including an assess-
ment of the probability of success of such attacks 
and the feasibility and potential efficacy of various 
countermeasures to such attacks); 
‘‘(3) recommend measures necessary to protect 
critical infrastructure in coordination with other 
Federal entities and in cooperation with non-Federal 
entities; and 
‘‘(4) ensure that any material received pursuant 
to this title is protected from unauthorized disclo-
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138 
sure and handled and used only for the performance 
of official duties. 
‘‘(d) COORDINATING CENTER.—There shall be within 
the Infrastructure Protection Division a National Infra-
structure Coordinating Center which shall be headed by 
an Assistant Director and be co-located with the national 
cybersecurity communications and integrated center estab-
lished under section 2209. The National Infrastructure 
Coordinating Center shall— 
‘‘(1) collect, maintain, and share critical infra-
structure information; 
‘‘(2) evaluate critical infrastructure information 
for accuracy, importance, and implications; 
‘‘(3) provide recommendations to non-Federal 
entities and Department leadership; 
‘‘(4) advise the Secretary and the Director re-
garding actions required before and after a critical 
infrastructure incident; and 
‘‘(5) carry out such other duties and powers as 
prescribed by the Director.’’. 
(b) TREATMENT OF CERTAIN POSITIONS.— 
(1) UNDER SECRETARY.—The individual serv-
ing as the Under Secretary appointed pursuant to 
section 103(a)(1)(H) of the Homeland Security Act 
of 2002 (6 U.S.C. 113(a)(1)) of the Department of 
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139 
Homeland Security on the day before the date of the 
enactment of this Act may continue to serve as the 
Director of the Cybersecurity and Infrastructure 
Protection Agency of the Department on and after 
such date. 
(2) DIRECTOR
FOR
EMERGENCY
COMMUNICA-
TIONS.—The individual serving as the Director for 
Emergency Communications of the Department of 
Homeland Security on the day before the date of the 
enactment of this Act may continue to serve as the 
Deputy Director of Emergency Communications of 
the Department on and after such date. 
(3) ASSISTANT
SECRETARY
FOR
CYBERSECU-
RITY AND COMMUNICATIONS.—The individual serv-
ing as the Assistant Secretary for Cybersecurity and 
Communications on the day before the date of the 
enactment of this Act may continue to serve as the 
Principal Deputy Director of Cybersecurity. 
(4) ASSISTANT SECRETARY FOR INFRASTRUC-
TURE PROTECTION.—The individual serving as the 
Assistant Secretary for Infrastructure Protection on 
the day before the date of the enactment of this Act 
may continue to serve as the Deputy Director of In-
frastructure Protection. 
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140 
(c) OPERATIONAL COORDINATION.—The Director of 
the Cybersecurity and Infrastructure Protection Agency of 
the Department of Homeland Security shall provide, in ac-
cordance with the deadlines specified in paragraphs (1) 
and (2), to the Committee on Homeland Security of the 
House and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate information on the fol-
lowing: 
(1) Not later than 90 days after the date of the 
enactment of this Act, the Agency’s mechanisms for 
regular consultation and collaboration, including in-
formation on composition (including leadership 
structure), authorities, frequency of meetings, and 
visibility within the Agency. 
(2) Not later than one year after the date of 
the enactment of this Act, the activities of the Agen-
cy’s consultation and collaboration mechanisms and 
how such mechanisms have impacted operational co-
ordination, situational awareness, and integration 
across the Agency. 
(d) CONFORMING AMENDMENTS.—The Homeland 
Security Act of 2002 is amended— 
(1) in section 103(a) (6 U.S.C. 113(a))— 
(A) in paragraph (1), by amending sub-
paragraphs (H) and (I) to read as follows: 
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141 
‘‘(H) A Director of the Cybersecurity and In-
frastructure Protection Agency. 
‘‘(I) The Administrator of the Transportation 
Security Administration.’’; and 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) OTHER ASSISTANT SECRETARIES AND OFFI-
CIALS.— 
‘‘(A) PRESIDENTIAL APPOINTMENTS.—The De-
partment shall have the following officers appointed 
by the President: 
‘‘(i) The Principal Deputy Director of the 
Cybersecurity Division under section 2203. 
‘‘(ii) The Assistant Secretary of the Office 
of Public Affairs. 
‘‘(iii) The Assistant Secretary of the Office 
of Legislative Affairs. 
‘‘(B) SECRETARIAL APPOINTMENTS.—The De-
partment shall have the following Assistant Secre-
taries appointed by the Secretary: 
‘‘(i) The Assistant Secretary for Inter-
national Affairs under section 602. 
‘‘(ii) The Assistant Secretary for Partner-
ship and Engagement under section 603. 
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142 
‘‘(C) LIMITATION
ON
CREATION
OF
POSI-
TIONS.—No Assistant Secretary position may be cre-
ated in addition to the positions provided for by this 
section unless such position is authorized by a stat-
ute enacted after the date of the enactment of the 
Cybersecurity and Infrastructure Protection Agency 
Act of 2016.’’; 
(2) in title II (6 U.S.C. 121 et seq.)— 
(A) in the title heading, by striking ‘‘AND 
INFRASTRUCTURE PROTECTION’’; 
(B) in the subtitle A heading, by striking 
‘‘and Infrastructure Protection; Ac-
cess to Information’’; 
(C) in section 201 (6 U.S.C. 121)— 
(i) in the section heading, by striking 
‘‘AND
INFRASTRUCTURE
PROTEC-
TION’’; 
(ii) in subsection (a)— 
(I) in the heading, by striking 
‘‘AND
INFRASTRUCTURE
PROTEC-
TION’’; and 
(II) by striking ‘‘and an Office of 
Infrastructure Protection’’; 
(iii) in subsection (b)— 
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143 
(I) in the heading, by striking 
‘‘AND ASSISTANT SECRETARY FOR IN-
FRASTRUCTURE PROTECTION’’; and 
(II) by striking paragraph (3); 
(iv) in subsection (c)— 
(I) by striking ‘‘and infrastruc-
ture protection’’; and 
(II) by striking ‘‘or the Assistant 
Secretary for Infrastructure Protec-
tion, as appropriate’’; 
(v) in subsection (d)— 
(I) in the heading, by striking 
‘‘AND
INFRASTRUCTURE
PROTEC-
TION’’; 
(II) in the matter preceding 
paragraph (1), by striking ‘‘and infra-
structure protection’’; 
(III) by striking paragraphs (5) 
and (6) and redesignating paragraphs 
(7) through (25) as paragraphs (4) 
through (23), respectively; and 
(IV) by striking paragraph (23), 
as so redesignated; 
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144 
(vi) in subsection (e)(1), by striking 
‘‘and the Office of Infrastructure Protec-
tion’’; and 
(vii) in subsection (f)(1), by striking 
‘‘and the Office of Infrastructure Protec-
tion’’; 
(D) by redesignating sections 223 through 
230 (6 U.S.C. 143–151) as sections 2205 
through 2212, respectively, and inserting such 
redesignated sections after section 2204, as 
added by this title; 
(E) by redesignating section 210E (6 
U.S.C. 124) as section 2213 and inserting such 
redesignated section after section 2212; and 
(F) in subtitle B, by redesignating sections 
211 through 215 (6 U.S.C. 101 note through 
134) as sections 2214 through 2218, respec-
tively, and inserting such redesignated sections, 
including the subtitle B designation (including 
the enumerator and heading), after section 
2213; 
(3) in title XVIII (6 U.S.C. 571 et seq.)— 
(A) in section 1801 (6 U.S.C. 571)— 
(i) in the section heading, by striking 
‘‘OFFICE
OF
EMERGENCY
COMMU-
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145 
NICATIONS’’ and inserting ‘‘EMERGENCY 
COMMUNICATIONS DIVISION’’; 
(ii) in subsection (a)— 
(I) by striking ‘‘Office of Emer-
gency Communications’’ and inserting 
‘‘Emergency Communications Divi-
sion’’; and 
(II) by adding at the end the fol-
lowing new sentence: ‘‘The Division 
shall be located in the Cybersecurity 
and Infrastructure Protection Agen-
cy.’’; and 
(iii) in subsection (b)— 
(I) in the first sentence, by strik-
ing ‘‘Director for’’ and inserting 
‘‘Deputy Director of’’; and 
(II) in the second sentence, by 
striking ‘‘Assistant Secretary for Cy-
bersecurity and Communications’’ and 
inserting ‘‘Director of the Cybersecu-
rity and Infrastructure Protection 
Agency’’; and 
(III) in subsection (e)— 
(aa) in the matter preceding 
paragraph (1), by striking ‘‘Di-
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146 
rector for’’ and inserting ‘‘Dep-
uty Director of’’; 
(bb) by redesignating para-
graphs (1) and (2) as paragraphs 
(2) and (3), respectively; and 
(cc) 
by 
inserting 
before 
paragraph (2), as so redesig-
nated, the following new para-
graph: 
‘‘(1) with the Director of the Cybersecurity and 
Infrastructure Protection Agency to carry out the 
consultation and collaboration required under sub-
section (d)(4) of section 2202;’’; 
(B) in sections 1801 through 1805 (6 
U.S.C. 575), by striking ‘‘Director for Emer-
gency Communications’’ each place it appears 
and inserting ‘‘Deputy Director of Emergency 
Communications’’; 
(C) in section 1809 (6 U.S.C. 579)— 
(i) by striking ‘‘Director for Emer-
gency Communications’’ each place it ap-
pears and inserting ‘‘Deputy Director of 
Emergency Communications’’; and 
(ii) by striking ‘‘Office of Emergency 
Communications’’ each place it appears 
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147 
and inserting ‘‘Emergency Communica-
tions Division’’; and 
(D) in section 1810 (6 U.S.C. 580)— 
(i) by striking ‘‘Director’’ each place 
it appears and inserting ‘‘Deputy Direc-
tor’’; 
(ii) by striking ‘‘Office of Emergency 
Communications’’ each place it appears 
and inserting ‘‘Emergency Communica-
tions Division’’; and 
(iii) in subsection (a)(1), by striking 
‘‘Director of the Office of Emergency Com-
munications (referred to in this section as 
the ‘Director’)’’ and inserting ‘‘Deputy Di-
rector of the Emergency Communications 
Division (referred to in this section as the 
‘Deputy Director’)’’; 
(4) in title XXI (6 U.S.C. 621 et seq.)— 
(A) in section 2101 (6 U.S.C. 621)— 
(i) by redesignating paragraphs (4) 
through (14) as paragraphs (5) through 
(15), respectively; 
(ii) by inserting after paragraph (3) 
the following new paragraph: 
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148 
‘‘(4) the term ‘Director’ means the Director of 
the Cybersecurity and Infrastructure Protection 
Agency;’’; 
(iii) by further redesignating para-
graphs (11) through (15) (as redesignated 
pursuant to clause (i)) as paragraphs (12) 
through (16); and 
(iv) by inserting after paragraph (10) 
(as redesignated pursuant to clause (i)) the 
following new paragraph: 
‘‘(11) the term ‘Secretary’ means the Secretary 
acting through the Director;’’; 
(B) in paragraph (1) of section 2102(a) (6 
U.S.C. 622(a)), by inserting at the end the fol-
lowing new sentence: ‘‘Such Programs shall be 
located in the Cybersecurity and Infrastructure 
Protection Agency.’’; and 
(C) in paragraph (2) of section 2104(c) (6 
U.S.C. 624(c)), by striking ‘‘Under Secretary 
responsible for overseeing critical infrastructure 
protection, cybersecurity, and other related pro-
grams of the Department appointed under sec-
tion 103(a)(1)(H)’’ and inserting ‘‘Director of 
the Cybersecurity and Infrastructure Protection 
Agency’’; and 
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(5) in title XXII, as added by this title— 
(A) in section 2205, as so redesignated, in 
the matter preceding paragraph (1), by striking 
‘‘Under Secretary appointed under section 
103(a)(1)(H)’’ and inserting ‘‘Director of the 
Cybersecurity and Infrastructure Protection 
Agency’’; 
(B) in section 2209, as so redesignated— 
(i) by striking ‘‘Under Secretary ap-
pointed under section 103(a)(1)(H)’’ each 
place it appears and inserting ‘‘Director of 
the Cybersecurity and Infrastructure Pro-
tection Agency’’; 
(ii) in subsection (b), by adding at the 
end the following new sentences: ‘‘The 
Center shall be located in the Cybersecu-
rity and Infrastructure Protection Agency. 
The head of the Center shall be an Assist-
ant Director of the Center, who shall re-
port to the Principal Deputy Director for 
Cybersecurity.’’; and 
(iii) in subsection (c), by striking ‘‘Of-
fice of Emergency Communications’’ and 
inserting ‘‘Emergency Communications Di-
vision’’; 
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(2) by striking the items relating to section 211 
through section 215, including the subtitle B des-
ignation (including the enumerator and heading); 
(3) by striking the items relating to section 223 
through section 230; and 
(4) by adding at the end the following new 
items: 
‘‘TITLE XXII—CYBERSECURITY AND INFRASTRUCTURE 
PROTECTION AGENCY 
‘‘Subtitle A—Cybersecurity and Infrastructure Protection 
‘‘Sec. 2201. Definitions. 
‘‘Sec. 2202. Cybersecurity and Infrastructure Protection Agency. 
‘‘Sec. 2203. Cybersecurity Division. 
‘‘Sec. 2204. Infrastructure Protection Division. 
‘‘Sec. 2205. Enhancement of Federal and non-Federal cybersecurity. 
‘‘Sec. 2206. Net guard. 
‘‘Sec. 2207. Cyber Security Enhancement Act of 2002. 
‘‘Sec. 2208. Cybersecurity recruitment and retention. 
‘‘Sec. 2209. National cybersecurity and communications integration center. 
‘‘Sec. 2210. Cybersecurity plans. 
‘‘Sec. 2211. Clearances. 
‘‘Sec. 2212. Federal intrusion detection and prevention system. 
‘‘Sec. 2213. National Asset Database. 
‘‘Subtitle B—Critical Infrastructure Information 
‘‘Sec. 2214. Short title. 
‘‘Sec. 2215. Definitions. 
‘‘Sec. 2216. Designation of critical infrastructure protection program. 
‘‘Sec. 2217. Protection of voluntarily shared critical infrastructure information. 
‘‘Sec. 2218. No private right of action.’’. 
SEC. 602. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC 
IDENTITY MANAGEMENT. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341, et seq.) is amended by 
adding at the end the following new section: 
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‘‘SEC. 708. OFFICE OF BIOMETRIC IDENTITY MANAGEMENT. 
‘‘(a) ESTABLISHMENT.—The Office of Biometric 
Identity Management is established within the Depart-
ment. 
‘‘(b) DIRECTOR.— 
‘‘(1) IN
GENERAL.—The Office of Biometric 
Identity Management shall be administered by the 
Director of the Office of Biometric Identity Manage-
ment (in this section referred to as the ‘Director’) 
who shall report to the Under Secretary for Manage-
ment, or to another official of the Department, as 
the Under Secretary for Management may direct. 
‘‘(2) QUALIFICATIONS AND DUTIES.—The Di-
rector shall— 
‘‘(A) have significant professional manage-
ment experience, as well as experience in the 
field of biometrics and identity management; 
‘‘(B) lead the Department’s biometric iden-
tity services to support anti-terrorism, counter- 
terrorism, border security, credentialing, na-
tional security, and public safety, and enable 
operational missions across the Department by 
matching, storing, sharing, and analyzing bio-
metric data; 
‘‘(C) deliver biometric identity information 
and analysis capabilities to— 
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‘‘(i) the Department and its compo-
nents; 
‘‘(ii) appropriate Federal, State, local, 
territorial, and tribal agencies; 
‘‘(iii) 
appropriate 
foreign 
govern-
ments; and 
‘‘(iv) appropriate private sector enti-
ties; 
‘‘(D) support the law enforcement, public 
safety, national security, and homeland security 
missions of other Federal, State, local, terri-
torial, and tribal agencies, as appropriate; 
‘‘(E) establish and manage the operation 
and maintenance of the Department’s sole bio-
metric repository; 
‘‘(F) establish, manage, and operate Bio-
metric Support Centers to provide biometric 
identification and verification analysis and serv-
ices to the Department, appropriate Federal, 
State, local, territorial, and tribal agencies, ap-
propriate foreign governments, and appropriate 
private sector entities; 
‘‘(G) in collaboration with the Undersecre-
tary for Science and Technology, establish a 
Department-wide research and development 
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program to support efforts in assessment, devel-
opment, and exploration of biometric advance-
ments and emerging technologies; 
‘‘(H) oversee Department-wide standards 
for biometric conformity, and work to make 
such standards Government-wide; 
‘‘(I) in coordination with the Department’s 
Office of Policy, and in consultation with rel-
evant component offices and headquarters of-
fices, enter into data sharing agreements with 
appropriate Federal agencies to support immi-
gration, law enforcement, national security, and 
public safety missions; 
‘‘(J) maximize interoperability with other 
Federal, State, local, and international biomet-
ric systems, as appropriate; and 
‘‘(K) carry out the duties and powers pre-
scribed by law or delegated by the Secretary. 
‘‘(c) DEPUTY DIRECTOR.—There shall be in the Of-
fice of Biometric Identity Management a Deputy Director, 
who shall assist the Director in the management of the 
Office. 
‘‘(d) CHIEF TECHNOLOGY OFFICER.— 
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‘‘(1) IN GENERAL.—There shall be in the Office 
of Biometric Identity Management a Chief Tech-
nology Officer. 
‘‘(2) DUTIES.—The Chief Technology Officer 
shall— 
‘‘(A) ensure compliance with policies, proc-
esses, standards, guidelines, and procedures re-
lated to information technology systems man-
agement, enterprise architecture, and data 
management; 
‘‘(B) provide engineering and enterprise 
architecture guidance and direction to the Of-
fice of Biometric Identity Management; and 
‘‘(C) leverage emerging biometric tech-
nologies to recommend improvements to major 
enterprise applications, identify tools to opti-
mize information technology systems perform-
ance, and develop and promote joint technology 
solutions to improve services to enhance mission 
effectiveness. 
‘‘(e) OTHER AUTHORITIES.— 
‘‘(1) IN GENERAL.—The Director may establish 
such other offices within the Office of Biometric 
Identity Management as the Director determines 
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necessary to carry out the missions, duties, func-
tions, and authorities of the Office. 
‘‘(2) NOTIFICATION.—If the Director exercises 
the authority provided by paragraph (1), the Direc-
tor shall notify the Committee on Homeland Secu-
rity of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate not later than 30 days before ex-
ercising such authority.’’. 
(b) TRANSFER
LIMITATION.—The Secretary of 
Homeland Security may not transfer the location or re-
porting structure of the Office of Biometric Identity Man-
agement (established by section 708 of the Homeland Se-
curity Act of 2002, as added by subsection (a) of this sec-
tion) to any component of the Department of Homeland 
Security. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by adding after the item relating to section 707 
the following new item: 
‘‘Sec. 708. Office of Biometric Identity Management.’’. 
SEC. 603. RULE OF CONSTRUCTION. 
Nothing in this title may be construed to confer new 
authorities to the Secretary of Homeland Security, includ-
ing programmatic and regulatory authorities, outside of 
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the authorities that existed on the day before the date of 
the enactment of this Act. 
SEC. 604. PROHIBITION ON ADDITIONAL FUNDING. 
No additional funds are authorized to be appro-
priated to carry out this title or the amendments made 
by this title. 
TITLE VII—STRENGTHENING CY-
BERSECURITY INFORMATION 
SHARING 
AND 
COORDINA-
TION IN OUR PORT 
SEC. 701. IMPROVING CYBERSECURITY RISK ASSESSMENTS, 
INFORMATION 
SHARING, 
AND 
COORDINA-
TION. 
The Secretary of Homeland Security shall— 
(1) develop and implement a maritime cyberse-
curity risk assessment model within 120 days after 
the date of the enactment of this Act, consistent 
with the National Institute of Standards and Tech-
nology Framework for Improving Critical Infrastruc-
ture Cybersecurity and any update to that document 
pursuant to Public Law 113–274, to evaluate cur-
rent and future cybersecurity risks (as that term is 
defined in the second section 226 of the Homeland 
Security Act of 2002 (6 U.S.C. 148)); 
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(2) evaluate, on a periodic basis but not less 
than once every two years, the effectiveness of the 
cybersecurity risk assessment model established 
under paragraph (1); 
(3) seek to ensure participation of at least one 
information sharing and analysis organization (as 
that term is defined in section 212 of the Homeland 
Security Act of 2002 (6 U.S.C. 131)) representing 
the maritime community in the National Cybersecu-
rity and Communications Integration Center, pursu-
ant to subsection (d)(1)(B) of the second section 
226 of the Homeland Security Act of 2002 (6 
U.S.C. 148); 
(4) establish guidelines for voluntary reporting 
of maritime-related cybersecurity risks and incidents 
(as such terms are defined in the second section 226 
of the Homeland Security Act of 2002 (6 U.S.C. 
148)) to the Center (as that term is defined sub-
section (b) of the second section 226 of the Home-
land Security Act of 2002 (6 U.S.C. 148)), and 
other appropriate Federal agencies; and 
(5) request the National Maritime Security Ad-
visory Committee established under section 70112 of 
title 46, United States Code, to report and make 
recommendations to the Secretary on enhancing the 
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sharing of information related to cybersecurity risks 
and incidents between relevant Federal agencies and 
State, local, and tribal governments and consistent 
with the responsibilities of the Center (as that term 
is defined subsection (b) of the second section 226 
of the Homeland Security Act of 2002 (6 U.S.C. 
148)); relevant public safety and emergency response 
agencies; relevant law enforcement and security or-
ganizations; maritime industry; port owners and op-
erators; and terminal owners and operators. 
SEC. 702. CYBERSECURITY ENHANCEMENTS TO MARITIME 
SECURITY ACTIVITIES. 
The Secretary of Homeland Security, acting through 
the Commandant of the Coast Guard, shall direct— 
(1) each Area Maritime Security Advisory Com-
mittee established under section 70112 of title 46, 
United States Code, to facilitate the sharing of cy-
bersecurity risks and incidents to address port-spe-
cific cybersecurity risks, which may include the es-
tablishment of a working group of members of Area 
Maritime Security Advisory Committees to address 
port-specific cybersecurity vulnerabilities; and 
(2) that any area maritime security plan and 
facility security plan required under section 70103 
of title 46, United States Code approved after the 
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development of the cybersecurity risk assessment 
model required by paragraph (1) of section 801 in-
clude a mitigation plan to prevent, manage, and re-
spond to cybersecurity risks. 
SEC. 703. VULNERABILITY ASSESSMENTS AND SECURITY 
PLANS. 
Title 46, United States Code, is amended— 
(1) in section 70102(b)(1)(C), by inserting ‘‘cy-
bersecurity,’’ after ‘‘physical security,’’; and 
(2) in section 70103(c)(3)(C), by striking 
‘‘and’’ after the semicolon at the end of clause (iv), 
by redesignating clause (v) as clause (vi), and by in-
serting after clause (iv) the following: 
‘‘(v) prevention, management, and re-
sponse to cybersecurity risks; and’’. 
TITLE 
VIII—STRENGTHENING 
STATE 
AND 
LOCAL 
CYBER 
CRIME FIGHTING 
SEC. 801. AUTHORIZATION OF THE NATIONAL COMPUTER 
FORENSICS INSTITUTE OF THE DEPARTMENT 
OF HOMELAND SECURITY. 
(a) IN GENERAL.—Subtitle C of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 381 et seq.) 
is amended by adding at the end the following new section: 
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‘‘SEC. 822. NATIONAL COMPUTER FORENSICS INSTITUTE. 
‘‘(a) IN GENERAL.—There is established in the De-
partment a National Computer Forensics Institute (in this 
section referred to as the ‘Institute’), to be operated by 
the United States Secret Service, for the dissemination of 
homeland security information related to the investigation 
and prevention of cyber and electronic crime and related 
threats to educate, train, and equip State, local, tribal, 
and territorial law enforcement officers, prosecutors, and 
judges. 
‘‘(b) FUNCTIONS.—The functions of the Institute 
shall include the following: 
‘‘(1) Educating State, local, tribal, and terri-
torial law enforcement officers, prosecutors, and 
judges on current— 
‘‘(A) cyber and electronic crimes and re-
lated threats; 
‘‘(B) methods for investigating cyber and 
electronic crime and related threats and con-
ducting computer and mobile device forensic ex-
aminations; and 
‘‘(C) prosecutorial and judicial challenges 
related to cyber and electronic crime and re-
lated threats, and computer and mobile device 
forensic examinations. 
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‘‘(2) Training State, local, tribal, and territorial 
law enforcement officers to— 
‘‘(A) conduct cyber and electronic crime 
and related threat investigations; 
‘‘(B) conduct computer and mobile device 
forensic examinations; and 
‘‘(C) respond to network intrusion inci-
dents. 
‘‘(3) Training State, local, tribal, and territorial 
law enforcement officers, prosecutors, and judges on 
methods to obtain, process, store, and admit digital 
evidence in court. 
‘‘(c) PRINCIPLES.—In carrying out the functions 
under subsection (b), the Institute shall ensure, to the ex-
tent practicable, that timely, actionable, and relevant ex-
pertise and homeland security information related to cyber 
and electronic crime and related threats is shared with 
State, local, tribal, and territorial law enforcement offi-
cers, prosecutors, and judges. 
‘‘(d) EQUIPMENT.—The Institute is authorized to 
provide State, local, tribal, and territorial law enforcement 
officers, prosecutors, and judges with computer equip-
ment, hardware, software, manuals, and tools necessary 
to conduct cyber and electronic crime and related threats 
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investigations and computer and mobile device forensic ex-
aminations. 
‘‘(e) ELECTRONIC CRIME TASK FORCES.—The Insti-
tute shall facilitate the expansion of the Secret Service’s 
network of Electronic Crime Task Forces through the ad-
dition of task force officers of State, local, tribal, and ter-
ritorial law enforcement officers, prosecutors, and judges 
educated and trained at the Institute, in addition to aca-
demia and private sector stakeholders. 
‘‘(f) COORDINATION WITH FEDERAL LAW ENFORCE-
MENT TRAINING CENTER.—The Institute shall seek op-
portunities to coordinate with the Federal Law Enforce-
ment Training Center within the Department to help en-
hance, to the extent practicable, the training provided by 
the Center to stakeholders, including by helping to ensure 
that such training reflects timely, actionable, and relevant 
expertise in homeland security information related to 
cyber and electronic crime and related threats.’’. 
(b) NO ADDITIONAL FUNDING.—No additional funds 
are authorized to be appropriated to carry out this title 
and the amendment made by this title. This title and such 
amendment shall be carried out using amounts otherwise 
available for such purposes. 
(c) CLERICAL AMENDMENT.—The table of contents 
of the Homeland Security Act of 2002 is amended by in-
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serting after the item relating to section 821 the following 
new item: 
‘‘Sec. 822. National Computer Forensics Institute.’’. 
TITLE 
IX—DEPARTMENT 
OF 
HOMELAND SECURITY CBRNE 
DEFENSE 
SEC. 901. CBRNE OFFICE. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 is amended by adding at the end the following new 
title: 
‘‘TITLE XXII—CBRNE OFFICE 
‘‘Subtitle A—Chemical, Biological, 
Radiological, Nuclear, and Ex-
plosives Office 
‘‘SEC. 2201. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NU-
CLEAR, AND EXPLOSIVES OFFICE. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a Chemical, Biological, Radiological, Nuclear, 
and Explosives Office (referred to in this title as the 
‘CBRNE Office’). The CBRNE Office shall be comprised 
of the Chemical Division, the Biological Division, the Nu-
clear Division, and the Explosives Division. The CBRNE 
Office may include a Health Division. 
‘‘(b) MISSION
OF OFFICE.—The mission of the 
CBRNE Office is to coordinate, strengthen, and provide 
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chemical, biological, radiological, nuclear, and explosives 
(CBRNE) capabilities in support of homeland security. 
‘‘(c) ASSISTANT SECRETARY.—The Office shall be 
headed by an Assistant Secretary for the Chemical, Bio-
logical, Radiological, Nuclear, and Explosives Office (re-
ferred to in this title as the ‘Assistant Secretary’), who 
shall be appointed by the President by and with the advice 
and consent of the Senate. 
‘‘(d) RESPONSIBILITIES.—The Assistant Secretary 
shall— 
‘‘(1) develop, coordinate, and maintain overall 
CBRNE strategy and policy for the Department; 
‘‘(2) develop, coordinate, and maintain for the 
Department periodic CBRNE risk assessments; 
‘‘(3) serve as the primary Department rep-
resentative for coordinating CBRNE activities with 
other Federal departments and agencies; 
‘‘(4) provide oversight for the Department’s 
preparedness for CBRNE threats; 
‘‘(5) provide support for operations during 
CBRNE threats or incidents; and 
‘‘(6) carry out such other responsibilities as the 
Secretary determines appropriate, consistent with 
this title. 
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‘‘(e) OTHER OFFICERS.—The Director of the Chem-
ical Division, the Director of the Biological Division, the 
Director of the Nuclear Division, and the Director of the 
Explosives Division shall report directly to the Assistant 
Secretary. 
‘‘SEC. 2202. COMPOSITION OF THE CBRNE OFFICE. 
‘‘The Secretary shall transfer to the CBRNE Office, 
the functions, personnel, budget authority, and assets of 
the following: 
‘‘(1) The Office of Health Affairs as in exist-
ence on the day before the date of the enactment of 
this title, including the Chief Medical Officer author-
ized under section 516, and the National Biosurveil-
lance Integration Center authorized under section 
316. 
‘‘(2) The Domestic Nuclear Detection Office 
authorized under title XIX, as in existence on the 
date before the date of the enactment of this title 
(and redesignated as the Nuclear Division). 
‘‘(3) CBRNE threat awareness and risk assess-
ment activities of the Science and Technology Direc-
torate. 
‘‘(4) The CBRNE functions of the Office of 
Policy and the Office of Operations Coordination. 
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‘‘(5) The Office for Bombing Prevention of the 
National Protection and Programs Directorate, as in 
existence on the day before the date of the enact-
ment of this title. 
‘‘SEC. 2203. HIRING AUTHORITY. 
‘‘In hiring personnel for the CBRNE Office, the Sec-
retary shall have the hiring and management authorities 
provided in section 1101 of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 
3104 note; Public Law 105–261), except that the term 
of appointments for employees under subsection (c)(1) of 
such section may not exceed 5 years before granting any 
extension under subsection (c)(2) of such section. 
‘‘SEC. 2204. GRANTS, COOPERATIVE AGREEMENTS, AND 
OTHER TRANSACTIONS AND CONTRACTS. 
‘‘The Assistant Secretary, in carrying out the respon-
sibilities under this title, may distribute funds through 
grants, cooperative agreements, and other transactions 
and contracts. 
‘‘SEC. 2205. TERRORISM RISK ASSESSMENTS. 
‘‘(a) TERRORISM RISK ASSESSMENTS.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall, in coordination with relevant Department com-
ponents and other appropriate Federal departments 
and agencies, develop, coordinate, and update peri-
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odically terrorism risk assessments of chemical, bio-
logical, radiological, and nuclear threats. 
‘‘(2) COMPARISON.—The Assistant Secretary 
shall develop, coordinate, and update periodically an 
integrated terrorism risk assessment that assesses 
all of the threats referred to in paragraph (1) and, 
as appropriate, explosives threats, and compares 
each such threat against one another according to 
their relative risk. 
‘‘(3) INCLUSION
IN
ASSESSMENT.—Each ter-
rorism risk assessment under this subsection shall 
include a description of the methodology used for 
each such assessment. 
‘‘(4) UPDATES.—Each terrorism risk assess-
ment under this subsection shall be updated not less 
often than once every 2 years. 
‘‘(5) PROVISION TO CONGRESS.—The Assistant 
Secretary shall provide a copy of each risk assess-
ment under this subsection to the Committee on 
Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate not later than 30 
days after completion of each such assessment. 
‘‘(b) METHODOLOGY.—In developing the terrorism 
risk assessments under subsection (a), the Assistant Sec-
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retary, in consultation with appropriate Federal depart-
ments and agencies, shall— 
‘‘(1) assess the proposed methodology to be 
used for such assessments; and 
‘‘(2) consider the evolving threat to the United 
States as indicated by the intelligence community 
(as such term is defined in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 3003(4))). 
‘‘(c) USAGE.—The terrorism risk assessments re-
quired under subsection (a) shall be used to inform and 
guide allocation of resources for chemical, biological, radi-
ological, and nuclear threat activities of the Department. 
‘‘(d) INPUT AND SHARING.—The Assistant Secretary 
shall, for each terrorism risk assessment under subsection 
(a)— 
‘‘(1) seek input from national stakeholders and 
other Federal, State, local, tribal, and territorial of-
ficials involved in efforts to counter chemical, bio-
logical, radiological, and nuclear threats; 
‘‘(2) ensure that written procedures are in place 
to guide the development of such assessments, in-
cluding for input, review, and implementation pur-
poses, among relevant Federal partners; 
‘‘(3) share such assessments with Federal, 
State, local, tribal, and territorial officials with ap-
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propriate security clearances and a need for the in-
formation in the classified versions of such assess-
ments; and 
‘‘(4) to the maximum extent practicable, make 
available an unclassified version of such assessments 
for Federal, State, local, tribal, and territorial offi-
cials involved in prevention and preparedness for 
chemical, biological, radiological, and nuclear events. 
‘‘SEC. 2206. CBRNE COMMUNICATIONS AND PUBLIC MES-
SAGING. 
‘‘(a) IN GENERAL.—The Secretary, in coordination 
with the Assistant Secretary, shall develop an overarching 
risk communication strategy for terrorist attacks and 
other high consequence events utilizing chemical, biologi-
cal, radiological, or nuclear agents or explosives that pose 
a high risk to homeland security, and shall— 
‘‘(1) develop threat-specific risk communication 
plans, in coordination with appropriate Federal de-
partments and agencies; 
‘‘(2) develop risk communication messages, in-
cluding pre-scripted messaging to the extent prac-
ticable; 
‘‘(3) develop clearly defined interagency proc-
esses and protocols to assure coordinated risk and 
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incident communications and information sharing 
during incident response; 
‘‘(4) engage private and nongovernmental enti-
ties in communications planning, as appropriate; 
‘‘(5) identify ways to educate and engage the 
public about CBRNE threats and consequences; 
‘‘(6) develop strategies for communicating using 
social and new media; and 
‘‘(7) provide guidance on risk and incident com-
munications for CBRNE events to State, local, trib-
al, and territorial governments, and other stake-
holders, as appropriate. 
‘‘(b) COMMUNICATION
DURING
RESPONSE.—The 
Secretary shall provide appropriate timely, accurate infor-
mation to the public, governmental partners, the private 
sector, and other appropriate stakeholders in the event of 
a suspected or confirmed terrorist attack or other high 
consequence event utilizing chemical, biological, radio-
logical, or nuclear agents or explosives that pose a high 
risk to homeland security. 
‘‘(c) REPORTS.— 
‘‘(1) DEVELOPMENT EFFORTS.—Not later than 
120 days after the date of the enactment of this 
title, the Secretary shall submit to the Committee on 
Homeland Security of the House of Representatives 
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and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate a report on current 
and future efforts of the Department to develop the 
communication strategy required under subsection 
(a). 
‘‘(2) FINALIZATION.—Not later than 2 years 
after the date the report required under paragraph 
(1) is submitted, the Secretary shall submit to the 
Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate the 
communication strategy required under subsection 
(a). 
‘‘SEC. 2207. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NU-
CLEAR, AND EXPLOSIVES INTELLIGENCE AND 
INFORMATION SHARING. 
‘‘(a) IN GENERAL.—The Under Secretary of Intel-
ligence and Analysis of the Department shall— 
‘‘(1) support homeland security-focused intel-
ligence analysis of terrorist actors, their claims, and 
their plans to conduct attacks involving chemical, bi-
ological, radiological, or nuclear materials or explo-
sives against the United States; 
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‘‘(2) support homeland security-focused intel-
ligence analysis of global infectious diseases, public 
health, food, agricultural, and veterinary issues; 
‘‘(3) support homeland security-focused risk 
analysis and risk assessments of the homeland secu-
rity hazards described in paragraphs (1) and (2) by 
providing relevant quantitative and nonquantitative 
threat information; 
‘‘(4) leverage existing and emerging homeland 
security intelligence capabilities and structures to 
enhance prevention, protection, response, and recov-
ery efforts with respect to a chemical, biological, ra-
diological, nuclear, or explosives attack; 
‘‘(5) share appropriate information regarding 
such threats to appropriate State, local, tribal, and 
territorial authorities, as well as other national bio-
security and biodefense stakeholders; and 
‘‘(6) perform other responsibilities, as assigned 
by the Secretary. 
‘‘(b) COORDINATION.—Where appropriate, the Under 
Secretary of Intelligence and Analysis shall coordinate 
with the heads of other relevant Department components, 
including the Assistant Secretary, members of the intel-
ligence community, including the National Counter Pro-
liferation Center and the National Counterterrorism Cen-
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ter, and other Federal, State, local, tribal, and territorial 
authorities, including officials from high-threat areas, to 
enable such entities to provide recommendations on opti-
mal information sharing mechanisms, including expedi-
tious sharing of classified information, and on how such 
entities can provide information to the Department. 
‘‘(c) REPORT.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this section and annu-
ally thereafter for 5 years, the Secretary shall sub-
mit 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— 
‘‘(A) the intelligence and information shar-
ing activities under subsections (a) and (b) and 
of all relevant entities within the Department to 
prevent, protect against, prepare for, respond 
to, mitigate, and recover from terrorist attacks 
and other high consequence events utilizing 
chemical, biological, radiological, or nuclear 
agents or explosives that pose a high risk to 
homeland security; and 
‘‘(B) the Department’s activities in accord-
ance with relevant intelligence strategies. 
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‘‘(2) ASSESSMENT
OF
IMPLEMENTATION.— 
Each report required under paragraph (1) shall also 
include— 
‘‘(A) a description of methods established 
to assess progress of the Office of Intelligence 
and Analysis in implementing this section; and 
‘‘(B) such assessment of such progress. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) INTELLIGENCE
COMMUNITY.—The term 
‘intelligence community’ has the meaning given such 
term in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 3003(4)). 
‘‘(2) NATIONAL BIOSECURITY AND BIODEFENSE 
STAKEHOLDERS.—The term ‘national biosecurity 
and biodefense stakeholders’ means officials from 
Federal, State, local, tribal, and territorial authori-
ties and individuals from the private sector who are 
involved in efforts to prevent, protect against, pre-
pare for, respond to, mitigate, and recover from a 
biological attack or other phenomena that may have 
serious health consequences for the United States, 
including infectious disease outbreaks.’’. 
(b) AFTER ACTION AND EFFICIENCIES REVIEW.— 
Not later than 1 year after the date of the enactment of 
this Act, the Secretary of Homeland Security, acting 
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through the Assistant Secretary for the Chemical, Biologi-
cal, Radiological, Nuclear, and Explosives Office of the 
Department of Homeland Security (established pursuant 
to section 2201 of the Homeland Security Act of 2002, 
as added by subsection (a) of this section), shall submit 
to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report that— 
(1) reviews the functions and responsibilities of 
the Chemical, Biological, Radiological, Nuclear, and 
Explosives Office of the Department (established 
pursuant to section 2201 of the Homeland Security 
Act of 2002, as added by subsection (a) of this sec-
tion) to identify and eliminate areas of unnecessary 
duplication; 
(2) provides a detailed accounting of the man-
agement and administrative expenditures and activi-
ties of the Office, including expenditures related to 
the establishment of the CBRNE Office, such as ex-
penditures associated with the utilization of the Sec-
retary’s authority to award retention bonuses pursu-
ant to Federal law; 
(3) identifies any potential cost savings and ef-
ficiencies within the CBRNE Office or its divisions; 
and 
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(4) identifies opportunities to enhance the effec-
tiveness of the management and administration of 
the CBRNE Office to improve operational impact 
and enhance efficiencies. 
(c) CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NU-
CLEAR, AND EXPLOSIVES RESEARCH
AND DEVELOP-
MENT.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall assess the organizational structure of 
the management and execution of the Department of 
Homeland Security’s chemical, biological, radio-
logical, nuclear, and explosives research and develop-
ment activities, and shall develop and submit to the 
Committee on Homeland Security, the Committee on 
Science, Space, and Technology, and the Committee 
on Appropriations of the House of Representatives 
and the Committee on Homeland Security and Gov-
ernmental Affairs and the Committee on Appropria-
tions of the Senate at the time the President sub-
mits the budget under section 1105 of title 31, 
United States Code, for the fiscal year that follows 
the issuance of the Comptroller General review re-
quired pursuant to subsection (d) a proposed organi-
zational structure for the management and execution 
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of such chemical, biological, radiological, nuclear, 
and explosives research and development activities. 
(2) 
ORGANIZATIONAL
JUSTIFICATION.—The 
Secretary of Homeland Security shall include in the 
assessment required under paragraph (1) a thorough 
justification and rationalization for the proposed or-
ganizational structure for management and execu-
tion of chemical, biological, radiological, nuclear, and 
explosives research and development activities, in-
cluding the following: 
(A) A discussion of the methodology for 
determining such proposed organizational struc-
ture. 
(B) A comprehensive inventory of chem-
ical, biological, radiological, nuclear, and explo-
sives research and development activities of the 
Department of Homeland Security and where 
each such activity will be located within or out-
side such proposed organizational structure. 
(C) Information relating to how such pro-
posed organizational structure will facilitate and 
promote coordination and requirements genera-
tion with customers. 
(D) Information relating to how such pro-
posed organizational structure will support the 
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development of chemical, biological, radiological, 
nuclear, and explosives research and develop-
ment priorities across the Department. 
(E) If the chemical, biological, radiological, 
nuclear, and explosives research and develop-
ment activities of the Department are not co-lo-
cated in such proposed organizational structure, 
a justification for such separation. 
(F) The strategy for coordination between 
the Under Secretary for Science and Tech-
nology and the Assistant Secretary for the 
Chemical, Biological, Radiological, Nuclear, and 
Explosives Office on chemical, biological, radio-
logical, nuclear, and explosives research and de-
velopment activities. 
(G) Recommendations for necessary statu-
tory changes. 
(3) LIMITATION ON ACTION.—The Secretary of 
Homeland Security may not take any action to reor-
ganize the structure referred to in paragraph (1) un-
less the Secretary receives prior authorization from 
the Committee on Homeland Security and the Com-
mittee on Science, Space, and Technology of the 
House of Representatives and the Committee on 
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Homeland Security and Governmental Affairs of the 
Senate permitting any such action. 
(d) GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 
OF CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, 
AND EXPLOSIVES RESEARCH AND DEVELOPMENT ACTIVI-
TIES.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct a review of the orga-
nizational structure of the Department of Homeland 
Security’s management and execution of chemical, 
biological, radiological, nuclear, and explosives re-
search and development activities. 
(2) SCOPE.—The review required under para-
graph (1) shall include the following: 
(A) An assessment of the organizational 
structure for the management and execution of 
chemical, biological, radiological, nuclear, and 
explosives research and development activities 
of the Department of Homeland Security, in-
cluding identification of any overlap or duplica-
tion of effort. 
(B) Recommendations to streamline and 
improve the organizational structure of the De-
partment’s management and execution of chem-
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181 
ical, biological, radiological, nuclear, and explo-
sives research and development activities. 
(3) REPORT.—Not later than 2 years after the 
date of the enactment of this Act, the Comptroller 
General shall submit to the Committee on Homeland 
Security and the Committee on Science, Space, and 
Technology of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate a report on the review required 
under this subsection. 
(e) DISSEMINATION OF INFORMATION ANALYZED BY 
THE DEPARTMENT OF HOMELAND SECURITY TO STATE, 
LOCAL, TRIBAL, AND PRIVATE ENTITIES WITH RESPON-
SIBILITIES RELATING TO HOMELAND SECURITY.—Para-
graph (8) of section 201(d) of the Homeland Security Act 
of 2002 (6 U.S.C. 121(d)) is amended by striking ‘‘and 
to agencies of State’’ and all that follows through the pe-
riod at the end and inserting ‘‘to State, local, tribal, terri-
torial, and appropriate private entities with such respon-
sibilities, and, as appropriate, to the public, in order to 
assist in preventing, protecting against, preparing for, re-
sponding to, mitigating, and recovering from terrorist at-
tacks against the United States.’’. 
(f) TECHNICAL AND CONFORMING AMENDMENTS.— 
The Homeland Security Act of 2002 is amended— 
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(1) in paragraph (2) of section 103(a) (6 
U.S.C. 113(a)), by striking ‘‘Assistant Secretary for 
Health Affairs, the Assistant Secretary for Legisla-
tive Affairs, or the Assistant Secretary for Public 
Affairs,’’ and inserting ‘‘Assistant Secretary for Leg-
islative Affairs or the Assistant Secretary for Public 
Affairs,’’; 
(2) in section 302 (6 U.S.C. 182)— 
(A) by redesignating paragraphs (13) and 
(14) as paragraphs (14) and (15), respectively; 
and 
(B) by inserting after paragraph (12) the 
following new paragraph: 
‘‘(13) collaborating with the Assistant Secretary 
for the Chemical, Biological, Radiological, Nuclear, 
and Explosives Office on all chemical, biological, and 
explosives research and development activities;’’; 
(3) in subsection (b) of section 307 (6 U.S.C. 
187), by adding at the end the following new para-
graph: 
‘‘(8) CBRNE DEFENSE.—The Director shall 
coordinate with the Assistant Secretary for the 
Chemical, Biological, Radiological, Nuclear, and Ex-
plosives Office on all chemical, biological, and explo-
sives research and development activities.’’; and 
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(4) in subsection (c) of section 516 (6 U.S.C. 
321e)— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘, including the health impacts of 
chemical, biological, radiological, and nuclear 
agents and explosives’’ after ‘‘natural disas-
ters’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) coordinating the Department’s policy, 
strategy, and preparedness for pandemics and 
emerging infectious diseases;’’; and 
(C) in paragraph (6), by striking ‘‘Under 
Secretary for Science and Technology’’ and in-
serting ‘‘Assistant Secretary for the Chemical, 
Biological, Radiological, Nuclear, and Explo-
sives Office’’. 
SEC. 902. CHEMICAL DIVISION. 
(a) IN GENERAL.—Title XXII of the Homeland Se-
curity Act of 2002, as added by section 901 of this title, 
is amended by adding at the end the following new sub-
title: 
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‘‘Subtitle B—Chemical Division 
‘‘SEC. 2211. CHEMICAL DIVISION. 
‘‘(a) ESTABLISHMENT.—There is established in the 
CBRNE Office a Chemical Division, headed by a Director 
of the Chemical Division (in this subtitle referred to as 
the ‘Director’). 
‘‘(b) MISSION AND RESPONSIBILITIES.—The Direc-
tor shall be responsible for coordinating departmental 
strategy and policy relating to terrorist attacks and other 
high-consequence events utilizing chemical agents that 
pose a high risk to homeland security, including the fol-
lowing: 
‘‘(1) Developing and maintaining the Depart-
ment’s strategy against chemical threats. 
‘‘(2) Serving as the Department representative 
for chemical threats and related activities with other 
Federal departments and agencies. 
‘‘(3) Providing oversight of the Department’s 
preparedness, including operational requirements, 
for chemical threats. 
‘‘(4) Enhancing the capabilities of Federal, 
State, local, tribal, and territorial governments, and 
private entities as appropriate, against chemical 
threats. 
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‘‘(5) Evaluating and providing guidance to Fed-
eral, State, local, tribal, and territorial governments, 
and private entities as appropriate, on detection and 
communication technology that could be effective in 
terrorist attacks and other high-consequence events 
utilizing chemical agents. 
‘‘(6) Supporting and enhancing the effective 
sharing and use of appropriate information gen-
erated by the intelligence community (as such term 
is defined in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 3003(4))), law enforcement 
agencies, other Federal, State, local tribal, and terri-
torial governments, and foreign governments, on 
chemical threats. 
‘‘SEC. 2212. DEMONSTRATION PROJECTS. 
‘‘(a) IN GENERAL.—The Director may, subject to the 
availability of appropriations for such purpose, partner 
with high-risk urban areas or facilities to conduct dem-
onstration projects to enhance, through Federal, State, 
local, tribal, and territorial governments, and private enti-
ties, capabilities of the United States to counter terrorist 
attacks and other high-consequence events utilizing chem-
ical agents that pose a high risk to homeland security. 
‘‘(b) GOALS.—The Director may provide guidance 
and evaluations for all situations and venues at risk of 
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terrorist attacks and other high-consequence events uti-
lizing chemical agents, such as at ports, areas of mass 
gathering, and transit facilities, and may— 
‘‘(1) ensure all high-risk situations and venues 
are studied; and 
‘‘(2) ensure key findings and best practices are 
made available to State, local, tribal, and territorial 
governments and the private sector. 
‘‘(c) CONGRESSIONAL NOTIFICATION.—The Director 
shall notify the Committee on Homeland Security of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate not 
later than 30 days before initiating a new demonstration 
project.’’. 
(b) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Comptroller General of 
the United States shall submit to the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate an assessment of the Department 
of Homeland Security’s programs and activities related to 
terrorist attacks and other high-consequence events uti-
lizing chemical agents that pose a high risk to homeland 
security. 
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SEC. 903. BIOLOGICAL DIVISION. 
Title XXII of the Homeland Security Act of 2002, 
as added by section 901 of this title and as amended by 
section 902 of this title, is further amended by adding at 
the end the following new subtitle: 
‘‘Subtitle C—Biological Division 
‘‘SEC. 2221. BIOLOGICAL DIVISION. 
‘‘(a) ESTABLISHMENT.—There is established in the 
CBRNE Office a Biological Division, headed by a Director 
of the Biological Division (in this subtitle referred to as 
the ‘Director’). 
‘‘(b) MISSION AND RESPONSIBILITIES.—The Office 
shall be responsible for coordinating departmental strat-
egy and policy relating to terrorist attacks and other high- 
consequence events utilizing biological agents that pose a 
high risk to homeland security, including the following: 
‘‘(1) Developing and maintaining the Depart-
ment’s strategy against biological threats. 
‘‘(2) Serving as the Department representative 
for biological threats and related activities with 
other Federal departments and agencies. 
‘‘(3) Providing oversight for the Department’s 
preparedness, including operational requirements, 
for biological threats. 
‘‘(4) Enhancing the capabilities of Federal, 
State, local, tribal, and territorial governments, and 
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private entities as appropriate, against biological 
threats. 
‘‘(5) Supporting and enhancing the effective 
sharing and use of appropriate information gen-
erated by the intelligence community (as such term 
is defined in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 3003(4))), law enforcement 
agencies, other Federal, State, local, tribal, and ter-
ritorial governments, and foreign governments, on 
biological threats. 
‘‘(6) Achieving a biological detection program. 
‘‘(7) Maintaining the National Biosurveillance 
Integration Center, authorized under section 316.’’. 
SEC. 904. NUCLEAR DIVISION. 
(a) IN GENERAL.—Title XXII of the Homeland Se-
curity Act of 2002, as added by section 901 of this title 
and as amended by sections 902 and 903 of this title, is 
further amended by adding at the end the following new 
subtitle: 
‘‘Subtitle D—Nuclear Division 
‘‘SEC. 2231. NUCLEAR DIVISION. 
‘‘(a) ESTABLISHMENT.—The Secretary shall include 
within the CBRNE Office the Nuclear Division under title 
XIX, headed by the Director of the Nuclear Division (in 
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189 
this subtitle referred to as the ‘Director’) pursuant to sec-
tion 1901. 
‘‘(b) MISSION AND RESPONSIBILITIES.—In addition 
to the responsibilities specified in title XIX, the Director 
shall also be responsible for coordinating departmental 
strategy and policy relating to terrorist attacks and other 
high-consequence events utilizing nuclear or other radio-
logical materials, and for coordinating Federal efforts to 
detect and protect against the unauthorized importation, 
possession, storage, transportation, development, or use of 
a nuclear explosive device, fissile material, or radiological 
material in the United States, and to protect against an 
attack using such devices or materials against the people, 
territory, or interests of the United States, in accordance 
with title XIX.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
Title XIX of the Homeland Security Act of 2002 is 
amended— 
(1) in the title heading, by striking ‘‘DOMES-
TIC NUCLEAR DETECTION OFFICE’’ and 
inserting ‘‘NUCLEAR DIVISION’’; 
(2) in section 1901 (6 U.S.C. 591)— 
(A) in the heading, by striking ‘‘DOMES-
TIC NUCLEAR DETECTION OFFICE’’ and in-
serting ‘‘NUCLEAR DIVISION’’; 
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(B) in subsection (a), by striking ‘‘There 
shall be established in the Department a Do-
mestic Nuclear Detection Office’’ and inserting 
‘‘There is in the Department a Nuclear Divi-
sion, located in the CBRNE Office’’; and 
(C) in subsection (b), by striking ‘‘Director 
for Domestic Nuclear Detection, who shall be 
appointed by the President’’ and inserting ‘‘Di-
rector of the Nuclear Division’’; 
(3) in subsection (a) of section 1902 (6 U.S.C. 
592)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by inserting after ‘‘responsible for’’ 
the following: ‘‘coordinating departmental 
strategy and policy relating to terrorist at-
tacks and other high-consequence events 
utilizing nuclear or other radiological mate-
rials, and for’’; and 
(ii) by striking ‘‘to protect’’ and in-
serting ‘‘protecting’’; and 
(B) in paragraph (11), in the matter pre-
ceding subparagraph (A), by striking ‘‘Domestic 
Nuclear Detection Office’’ and inserting ‘‘Nu-
clear Division’’; 
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(4) by repealing section 1903 (6 U.S.C. 593); 
(5) in section 1906 (6 U.S.C. 596)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘Domestic Nuclear De-
tection’’ and inserting ‘‘the Nuclear Divi-
sion’’; and 
(ii) by striking ‘‘paragraphs (6) and 
(7) of’’; and 
(B) in paragraph (2), by striking ‘‘para-
graphs (6) and (7) of’’; 
(6) in section 1907 (6 U.S.C. 596a)— 
(A) by striking ‘‘Annual’’ each place it ap-
pears and inserting ‘‘Biennial’’; 
(B) by striking ‘‘each year’’ each place it 
appears and inserting ‘‘every 2 years’’; 
(C) by striking ‘‘previous year’’ each place 
it appears and inserting ‘‘previous 2 years’’; 
(D) in the heading of subsection (a), by 
striking ‘‘ANNUAL’’ and inserting ‘‘BIENNIAL’’; 
and 
(E) subsection (b)— 
(i) in the heading, by striking ‘‘AN-
NUAL’’ and inserting ‘‘BIENNIAL’’; 
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(ii) in paragraph (1), by inserting 
‘‘odd-numbered’’ after ‘‘each’’; and 
(iii) in paragraph (2), by striking ‘‘an-
nual’’ and inserting ‘‘biennial’’; and 
(7) by adding at the end the following new sec-
tion: 
‘‘SEC. 1908. DOMESTIC IMPLEMENTATION OF THE GLOBAL 
NUCLEAR DETECTION ARCHITECTURE. 
‘‘In carrying out the mission of the Office under sub-
paragraph (A) of section 1902(a)(4), the Director of the 
Nuclear Division shall provide support for planning, orga-
nization, equipment, training, exercises, and operational 
assessments to Federal, State, local, tribal, and territorial 
governments to assist such governments in implementing 
radiological and nuclear detection capabilities in the event 
of terrorist attacks or other high-consequence events uti-
lizing nuclear or other radiological materials that pose a 
high risk to homeland security. Such capabilities shall be 
integrated into the enhanced global nuclear detection ar-
chitecture referred to in such section 1902(a)(4), and shall 
inform and be guided by architecture studies, technology 
needs, and research activities of the Office.’’. 
(c) REFERENCE.—Any reference in any law, regula-
tion, or rule to the Domestic Nuclear Detection Office or 
the Director for Domestic Nuclear Detection of the De-
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193 
partment of Homeland Security shall be deemed to be a 
reference to the Nuclear Division or the Director of the 
Nuclear Division, respectively, of the Department. 
SEC. 905. EXPLOSIVES DIVISION. 
Title XXII of the Homeland Security Act of 2002, 
as added by section 1001 of this title and as amended 
by sections 1002, 1003, and 1004 of this title, is further 
amended by adding at the end the following new subtitle: 
‘‘Subtitle E—Explosives Division 
‘‘SEC. 2241. EXPLOSIVES DIVISION. 
‘‘(a) ESTABLISHMENT.—There is established within 
the CBRNE Office an Explosives Division, headed by a 
Director of the Explosives Division (in this subtitle re-
ferred to as the ‘Director’). 
‘‘(b) MISSION AND RESPONSIBILITIES.—The Direc-
tor shall be responsible for coordinating departmental 
strategy and policy relating to terrorist attacks and other 
high-consequence events utilizing explosives that pose a 
high risk to homeland security, including the following: 
‘‘(1) Developing and maintaining the Depart-
ment’s strategy against explosives threats. 
‘‘(2) Serving as the Department representative 
for explosives threats and related activities with 
other Federal departments and agencies. 
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‘‘(3) Providing oversight of the Department’s 
preparedness, including operational requirements, 
for explosives threats. 
‘‘(4) Enhancing the capabilities of Federal, 
State, local, tribal, and territorial governments, and 
private entities as appropriate, to counter terrorist 
attacks and other high-consequence events utilizing 
explosives. 
‘‘(5) Evaluating and providing guidance to Fed-
eral, State, local, tribal, and territorial governments 
and appropriate private entities on detection and 
communication technology that could be effective 
during terrorist attacks or other high-consequence 
events utilizing explosives. 
‘‘(6) Supporting and enhancing the effective 
sharing and use of appropriate information gen-
erated by the intelligence community (as such term 
is defined in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 3003(4))), law enforcement 
agencies, other Federal, State, local, tribal, and ter-
ritorial government agencies, and foreign govern-
ments, on explosives threats.’’. 
SEC. 906. SAVINGS PROVISIONS. 
Nothing in this title shall change the authority of the 
Administrator of the Federal Emergency Management 
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195 
Agency to lead the emergency management system of the 
United States. Nothing in this title shall alter the respon-
sibility of the Chief Medical Officer of the Department of 
Homeland Security to serve as the principal advisor to the 
Secretary of Homeland Security and the Administrator of 
the Federal Emergency Management Agency on medical 
and public health issues pursuant to paragraph (1) of sec-
tion 516(c) of the Homeland Security Act of 2002 (6 
U.S.C. 321e(c)). 
SEC. 907. CLERICAL AMENDMENTS. 
The table of contents in section 1(b) of the Homeland 
Security Act of 2002 is amended— 
(1) by striking the item relating to title XIX 
and inserting the following new item: 
‘‘TITLE XIX—NUCLEAR DIVISION’’; 
(2) by striking the item relating to section 1901 
and inserting the following new item: 
‘‘Sec. 1901. Nuclear Division.’’; 
(3) by striking the item relating to section 
1903; 
(4) by adding after the item relating to section 
1907 the following new item: 
‘‘Sec. 1908. Domestic Implementation of the global nuclear detection architec-
ture.’’; 
and 
(5) by adding at the end the following: 
‘‘TITLE XXII—CBRNE OFFICE 
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‘‘Subtitle A—Chemical, Biological, Radiological, Nuclear, and Explosives 
Office 
‘‘Sec. 2201. Chemical, Biological, Radiological, Nuclear, and Explosives Office. 
‘‘Sec. 2202. Composition of the CBRNE Office. 
‘‘Sec. 2203. Hiring authority. 
‘‘Sec. 2204. Grants, cooperative agreements, and other transactions and con-
tracts. 
‘‘Sec. 2205. Terrorism risk assessments. 
‘‘Sec. 2206. CBRNE communications and public messaging. 
‘‘Sec. 2207. Chemical, biological, radiological, nuclear, and explosives intel-
ligence and information sharing. 
‘‘Subtitle B—Chemical Division 
‘‘Sec. 2211. Chemical Division. 
‘‘Sec. 2212. Demonstration projects. 
‘‘Subtitle C—Biological Division 
‘‘Sec. 2221. Biological Division. 
‘‘Subtitle D—Nuclear Division 
‘‘Sec. 2231. Nuclear Division. 
‘‘Subtitle E—Explosives Division 
‘‘Sec. 2241. Explosives Division.’’. 
TITLE X—GAINS IN GLOBAL NU-
CLEAR 
DETECTION 
ARCHI-
TECTURE 
SEC. 1001. DUTIES OF THE DOMESTIC NUCLEAR DETEC-
TION OFFICE. 
Section 1902 of the Homeland Security Act of 2002 
(6 U.S.C. 592) is amended— 
(1) by redesignating subsection (b) as sub-
section (c); and 
(2) by inserting after subsection (a) the fol-
lowing new subsection: 
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197 
‘‘(b) IMPLEMENTATION.—In carrying out paragraph 
(6) of subsection (a), the Director of the Domestic Nuclear 
Detection Office shall— 
‘‘(1) develop and maintain documentation, such 
as a technology roadmap and strategy, that— 
‘‘(A) provides information on how the Of-
fice’s research investments align with— 
‘‘(i) gaps in the enhanced global nu-
clear detection architecture, as developed 
pursuant to paragraph (4) of such sub-
section; and 
‘‘(ii) research challenges identified by 
the Director; and 
‘‘(B) defines in detail how the Office will 
address such research challenges; 
‘‘(2) document the rational for prioritizing and 
selecting research topics; and 
‘‘(3) develop a systematic approach, which may 
include annual metrics and periodic qualitative eval-
uations, for evaluating how the outcomes of the Of-
fice’s individual research projects collectively con-
tribute to addressing the Office’s research chal-
lenges.’’. 
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198 
TITLE XI—UNITED STATES IMMI-
GRATION AND CUSTOMS EN-
FORCEMENT AUTHORIZATION 
SEC. 1101. ESTABLISHMENT OF UNITED STATES IMMIGRA-
TION AND CUSTOMS ENFORCEMENT. 
(a) IN GENERAL.—Section 442 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 252) is amended to read 
as follows: 
‘‘SEC. 442. ESTABLISHMENT OF UNITED STATES IMMIGRA-
TION AND CUSTOMS ENFORCEMENT. 
‘‘(a) ESTABLISHMENT.—There is established within 
the Department an agency to be known as United States 
Immigration and Customs Enforcement. 
‘‘(b) DIRECTOR OF UNITED STATES IMMIGRATION 
AND CUSTOMS ENFORCEMENT.—There shall be at the 
head of United States Immigration and Customs Enforce-
ment a Director of United States Immigration and Cus-
toms Enforcement (in this section referred to as the ‘Di-
rector’). 
‘‘(c) DUTIES AND QUALIFICATIONS.—The Director 
shall— 
‘‘(1) have a minimum of five years professional 
experience in law enforcement, which may include 
law enforcement as it relates to the immigration or 
customs laws, as defined by titles 8, 18, 19, and 31, 
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United States Code, and a minimum of five years 
management experience; 
‘‘(2) enforce the immigration laws, as defined in 
title 8, United States Code, and seek the removal of 
aliens identified as inadmissible and deportable; 
‘‘(3) have the power to investigate and, where 
appropriate, refer for prosecution, any criminal vio-
lation of Federal law relating to or involving— 
‘‘(A) border control and security, including 
the prevention of the entry or residence of ter-
rorists, criminals, and human rights violators; 
‘‘(B) customs, trade, fraud, false state-
ments, or the import or export of merchandise, 
including the illicit possession, movement of, or 
trade in goods, services, property, arms, instru-
ments of terrorism, items controlled or prohib-
ited from export, child exploitation, intellectual 
property, or monetary instruments; 
‘‘(C) cross-border money laundering or 
bulk cash smuggling; 
‘‘(D) the immigration laws, as defined in 
section 101(a)(17) of the Immigration and Na-
tionality Act; 
‘‘(E) gangs or criminal syndicates engaged 
in cross-border criminal activity; 
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‘‘(F) chapter 40 or 44 of title 18, United 
States Code, or other violation relating to fire-
arms, explosives, or other destructive devices in-
volving an alien; 
‘‘(G) trafficking in persons, as defined in 
section 7102 of title 22, United States Code; 
‘‘(H) the production, procurement, coun-
terfeiting, alteration or use of fraudulent immi-
gration documents or fraudulently obtaining im-
migration benefits; 
‘‘(I) unlawful use of personal information, 
when such use relates to or affects border secu-
rity, terrorism, customs, immigration, natu-
ralization, trade, or transportation security; and 
‘‘(J) computer crimes, pursuant to section 
1030(d) of title 18 United States Code, in col-
laboration with the United States Secret Serv-
ice and the Federal Bureau of Investigation; 
‘‘(4) coordinate, as otherwise permitted by law, 
with Federal, State, local, tribal, and foreign agen-
cies in carrying out the duties set forth in para-
graphs (2) and (3); 
‘‘(5) in coordination with the Department of 
State and the Office of International Affairs of the 
Department, establish staff liaison offices and vetted 
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units in foreign countries to support law enforce-
ment activities that require international coopera-
tion, including investigations and repatriation ef-
forts; 
‘‘(6) establish, maintain, and administer appro-
priate interagency law enforcement centers in fur-
therance of the Director’s assigned duties, including 
the Centers specified in subparagraphs (B) and (C) 
of subsection (f)(3); and 
‘‘(7) carry out the duties and powers prescribed 
by law or delegated by the Secretary. 
‘‘(d) GENERAL ENFORCEMENT POWERS.—The Di-
rector may authorize agents and officers of United States 
Immigration and Customs Enforcement to— 
‘‘(1) carry out the duties and responsibilities 
authorized under section 1357 of title 8, United 
States Code, and section 1589a of title 19, United 
States Code; 
‘‘(2) seize any property, whether real or per-
sonal, that is involved in any violation or attempted 
violation, or which constitutes proceeds traceable to 
a violation, of those provisions of law which United 
States Immigration and Customs Enforcement is au-
thorized to enforce; 
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‘‘(3) offer and pay rewards for services and in-
formation regarding the apprehension of persons in-
volved in, or the seizure and forfeiture of property 
associated with, the violation or attempted violation 
of those provisions of law which United States Im-
migration and Customs Enforcement is authorized 
to enforce; 
‘‘(4) issue civil detainers for purposes of immi-
gration enforcement; and 
‘‘(5) conduct undercover investigative oper-
ations pursuant to section 1363a of title 8, United 
States Code, and section 2081 of title 19, United 
States Code. 
‘‘(e) DEPUTY DIRECTOR.—There shall be in United 
States Immigration and Customs Enforcement a Deputy 
Director who shall assist the Director in the management 
of United States Immigration and Customs Enforcement. 
‘‘(f) OFFICE OF HOMELAND SECURITY INVESTIGA-
TIONS.— 
‘‘(1) IN
GENERAL.—There is established in 
United States Immigration and Customs Enforce-
ment the Office of Homeland Security Investiga-
tions. 
‘‘(2) EXECUTIVE ASSOCIATE DIRECTOR.—There 
shall be at the head of the Office of Homeland Secu-
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203 
rity Investigations an Executive Associate Director, 
who shall report to the Director. 
‘‘(3) DUTIES.—The Office of Homeland Secu-
rity Investigations shall— 
‘‘(A) serve as the law enforcement office of 
United States Immigration and Customs En-
forcement with primary responsibility to con-
duct investigations of terrorist organizations 
and other criminal organizations that threaten 
homeland or border security; 
‘‘(B) serve as the law enforcement office of 
U.S. Immigration and Customs Enforcement 
with primary responsibility to conduct investiga-
tions of criminal violations of the immigration 
and customs laws, as defined in titles 8, 18, 
and 19, United States Code; 
‘‘(C) identify, arrest, detain, bring removal 
proceedings against and pursue the removal of 
aliens who are inadmissible or deportable; 
‘‘(D) administer the program to collect in-
formation relating to nonimmigrant foreign stu-
dents and other exchange program participants 
described in section 641 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1372), including the Student 
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and Exchange Visitor Information System es-
tablished under such section, and use such in-
formation to carry out the enforcement func-
tions of United States Immigration and Cus-
toms Enforcement; 
‘‘(E) administer a National Intellectual 
Property Rights Coordination Center, which 
shall serve as the primary forum within the 
Federal Government to coordinate, promote, 
and assist Federal and international investiga-
tions of intellectual property offenses; 
‘‘(F) administer a National Export En-
forcement Coordination Center, which shall 
serve as the primary forum within the Federal 
Government to coordinate, promote, and assist 
Federal and international investigations of Ex-
port Control offenses; 
‘‘(G) enforce Federal law relating to— 
‘‘(i) the unlawful employment of un-
authorized aliens, as defined in section 
274A(h)(3) of the Immigration and Na-
tionality Act; and 
‘‘(ii) immigration and naturalization 
fraud; 
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