3166 
programs of the Department for the previous fiscal 
year. 
‘‘(2) ELEMENTS.—Each report required under 
paragraph (1) shall include the following: 
‘‘(A) An assessment of— 
‘‘(i) test and evaluation activities con-
ducted for each major acquisition program 
with respect to demonstrating operational 
requirements and operational effectiveness, 
suitability, and resilience for each such 
program; 
‘‘(ii) any waivers of, or deviations 
from, approved program test and evalua-
tion master plans referred to in subsection 
(b)(3)(A); 
‘‘(iii) any concerns raised by the inde-
pendent test and evaluation agent or third- 
party tester selected and approved under 
subsection (b)(3)(B) relating to such waiv-
ers or deviations; and 
‘‘(iv) any actions that have been taken 
or are planned to be taken to address such 
concerns. 
‘‘(B) Recommendations with respect to re-
sources, facilities, and levels of funding made
3167 
available for test and evaluation activities re-
ferred to in subparagraph (A). 
‘‘(3) FORM.—Each report required under para-
graph (1) shall be submitted in unclassified form but 
may include a classified annex. 
‘‘(d) RELATIONSHIP
TO UNDER SECRETARY
FOR 
SCIENCE AND TECHNOLOGY.— 
‘‘(1) IN GENERAL.—The Under Secretary for 
Management and the Under Secretary for Science 
and Technology shall coordinate in matters related 
to Department-wide acquisitions so that investments 
of the Directorate of Science and Technology are 
able to support current and future requirements of 
the components of the Department. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection may be construed as affecting or di-
minishing the authority of the Under Secretary for 
Science and Technology.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of the Homeland Security Act 
of 2002 is amended by inserting after the item relat-
ing to section 322 the following new item: 
‘‘Sec. 323. Office of Test and Evaluation.’’. 
(c) ACQUISITION AUTHORITIES FOR CHIEF FINAN-
CIAL OFFICER OF THE DEPARTMENT OF HOMELAND SE-
CURITY.—Paragraph (2) of section 702(b) of the Home-
3168 
land Security Act of 2002 (6 U.S.C. 342(b)) is amended 
by— 
(1) redesignating subparagraph (I) as subpara-
graph (J); and 
(2) inserting after subparagraph (H) the fol-
lowing new subparagraph: 
‘‘(I) Oversee the costs of acquisition pro-
grams (as such term is defined in section 837) 
and related activities to ensure that actual and 
planned costs are in accordance with budget es-
timates and are affordable, or can be ade-
quately funded, over the life cycle of such pro-
grams and activities.’’. 
(d) ACQUISITION AUTHORITIES FOR CHIEF INFOR-
MATION OFFICER OF THE DEPARTMENT OF HOMELAND 
SECURITY.—Section 703 of the Homeland Security Act 
of 2002 (6 U.S.C. 343) is amended— 
(1) by redesignating subsection (b) as sub-
section (c); and 
(2) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b) ACQUISITION RESPONSIBILITIES.—In addition 
to the responsibilities specified in section 11315 of title 
40, United States Code, the acquisition responsibilities of 
the Chief Information Officer, in consultation with the
3169 
Under Secretary for Management, shall include the fol-
lowing: 
‘‘(1) Overseeing the management of the Home-
land Security Enterprise Architecture and ensuring 
that, before each acquisition decision event (as such 
term is defined in section 837), approved informa-
tion technology acquisitions comply with any depart-
mental information technology management require-
ments, security protocols, and the Homeland Secu-
rity Enterprise Architecture, and in any case in 
which information technology acquisitions do not so 
comply, making recommendations to the Depart-
ment’s Acquisition Review Board regarding such 
noncompliance. 
‘‘(2) Providing recommendations to the Acquisi-
tion Review Board regarding information technology 
programs and developing information technology ac-
quisition strategic guidance.’’. 
(e) ACQUISITION AUTHORITIES
FOR UNDER SEC-
RETARY OF STRATEGY, POLICY, AND PLANS OF THE DE-
PARTMENT OF HOMELAND SECURITY.—Subsection (c) of 
section 709 of the Homeland Security Act of 2002 (6 
U.S.C. 349) is amended by— 
(1) redesignating paragraphs (4) through (7) as 
(5) through (8), respectively; and
3170 
(2) inserting after paragraph (3) the following 
new paragraph: 
‘‘(4) ensure acquisition programs (as such term 
is defined in section 837) support the DHS Quad-
rennial Homeland Security Review Report, the DHS 
Strategic Plan, the DHS Strategic Priorities, and 
other appropriate successor documents;’’. 
(f) ACQUISITION AUTHORITIES FOR PROGRAM AC-
COUNTABILITY AND RISK MANAGEMENT (PARM) OF THE 
DEPARTMENT OF HOMELAND SECURITY.— 
(1) IN GENERAL.—Title VII of the Homeland 
Security Act of 2002 (6 U.S.C. 341 et seq.), as 
amended by this Act, is further amended by adding 
at the end the following new section: 
‘‘SEC. 715. PROGRAM ACCOUNTABILITY AND RISK MANAGE-
MENT OFFICE. 
‘‘(a) ESTABLISHMENT OF OFFICE.—There is estab-
lished in the Management Directorate of the Department 
a Program Accountability and Risk Management office. 
Such office shall— 
‘‘(1) provide consistent accountability, stand-
ardization, and transparency of major acquisition 
programs of the Department; 
‘‘(2) serve as the central oversight function for 
all Department major acquisition programs; and
3171 
‘‘(3) provide review and analysis of Department 
acquisition programs, as appropriate. 
‘‘(b) EXECUTIVE
DIRECTOR.—The Program Ac-
countability and Risk Management office shall be led by 
an Executive Director. The Executive Director shall over-
see the duties specified in subsection (a), report directly 
to the Under Secretary for Management, and carry out 
the following responsibilities: 
‘‘(1) Regularly monitor the performance of De-
partment major acquisition programs between acqui-
sition decision events to identify problems with cost, 
performance, or schedule that components may need 
to address to prevent cost overruns, performance 
issues, or schedule delays. 
‘‘(2) Assist the Under Secretary for Manage-
ment in managing the Department’s acquisition pro-
grams, acquisition workforce, and related activities 
of the Department. 
‘‘(3) Conduct oversight of individual acquisition 
programs to implement Department acquisition pro-
gram policy, procedures, and guidance, with a pri-
ority on ensuring the data the office collects and 
maintains from Department components is accurate 
and reliable.
3172 
‘‘(4) Serve as the focal point and coordinator 
for the acquisition life-cycle review process and as 
the executive secretariat for the Department’s Ac-
quisition Review Board. 
‘‘(5) Advise the persons having acquisition deci-
sion authority to— 
‘‘(A) make acquisition decisions consistent 
with all applicable laws; and 
‘‘(B) establish clear lines of authority, ac-
countability, and responsibility for acquisition 
decision-making within the Department. 
‘‘(6) Develop standardized certification stand-
ards, in consultation with the Component Acquisi-
tion Executives, for all acquisition program man-
agers. 
‘‘(7) Assess the results of major acquisition pro-
grams’ post-implementation reviews, and identify op-
portunities to improve performance throughout the 
acquisition process. 
‘‘(8) Provide technical support and assistance 
to Department acquisition programs and acquisition 
personnel, and coordinate with the Chief Procure-
ment Officer regarding workforce training and devel-
opment activities.
3173 
‘‘(9) Assist, as appropriate, with the prepara-
tion of the Future Years Homeland Security Pro-
gram, and make such information available to the 
congressional homeland security committees. 
‘‘(10) In coordination with the Component Ac-
quisition Executives, maintain the Master Acquisi-
tion Oversight List, updated quarterly, that shall 
serve as an inventory of all major acquisition pro-
grams and non-major acquisition programs within 
the Department, including for each such program— 
‘‘(A) the component sponsoring the acqui-
sition; 
‘‘(B) the name of the acquisition; 
‘‘(C) the acquisition level as determined by 
the anticipated life-cycle cost of the program 
and other criteria pursuant to the Department- 
level acquisition policy; 
‘‘(D) the acquisition decision authority for 
the acquisition; and 
‘‘(E) the current acquisition phase. 
‘‘(c) RESPONSIBILITIES
OF
COMPONENTS.—Each 
head of a component shall comply with Federal law, the 
Federal Acquisition Regulation, and Department acquisi-
tion management directives established by the Under Sec-
3174 
retary for Management. For each major acquisition pro-
gram, each head of a component shall— 
‘‘(1) establish an organizational structure for 
conducting acquisitions within the component, to be 
managed by a Component Acquisition Executive; 
‘‘(2) obtain the resources necessary to operate 
such an organizational structure that are aligned 
with the number, type, size, and complexity of the 
acquisition programs of the component; and 
‘‘(3) oversee sustainment of capabilities de-
ployed by major acquisition programs and non-major 
acquisition programs after all planned deployments 
are completed until such capabilities are retired or 
replaced. 
‘‘(d) RESPONSIBILITIES
OF COMPONENT ACQUISI-
TION EXECUTIVES.—Each Component Acquisition Execu-
tive shall— 
‘‘(1) establish and implement policies and guid-
ance for managing and conducting oversight for 
major acquisition programs and non-major acquisi-
tion programs within the component at issue that 
comply with Federal law, the Federal Acquisition 
Regulation, and Department acquisition manage-
ment directives established by the Under Secretary 
for Management;
3175 
‘‘(2) for each major acquisition program— 
‘‘(A) define baseline requirements and doc-
ument changes to such requirements, as appro-
priate; 
‘‘(B) establish a complete life cycle cost es-
timate with supporting documentation that is 
consistent with cost estimating best practices as 
identified by the Comptroller General of the 
United States; 
‘‘(C) verify each life cycle cost estimate 
against independent cost estimates or assess-
ments, as appropriate, and reconcile any dif-
ferences; 
‘‘(D) complete a cost-benefit analysis with 
supporting documentation; and 
‘‘(E) develop and maintain a schedule that 
is consistent with scheduling best practices as 
identified by the Comptroller General of the 
United States, including, in appropriate cases, 
an integrated master schedule; 
‘‘(3) ensure that all acquisition program docu-
mentation provided by the component demonstrates 
the knowledge required for successful program exe-
cution prior to final approval and is complete, accu-
rate, timely, and valid;
3176 
‘‘(4) in such cases where it is appropriate, exer-
cise the acquisition decision authority to approve, 
pause, modify (including the rescission of approvals 
of program milestones), or cancel major acquisition 
programs or non-major acquisition programs when 
delegated by the Under Secretary for Management 
pursuant to section 701(d)(3); and 
‘‘(5) review, oversee, and direct activities be-
tween acquisition decision events for major acquisi-
tion programs within the component for which the 
Under Secretary for Management is the acquisition 
decision authority. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) ACQUISITION.—The term ‘acquisition’ has 
the meaning given such term in section 131 of title 
41, United States Code. 
‘‘(2) ACQUISITION DECISION AUTHORITY.—The 
term ‘acquisition decision authority’ means the au-
thority, in addition to the authorities and functions 
specified in subsection (b) of section 1702 of title 
41, United States Code, held by the Secretary acting 
through the Under Secretary for Management to— 
‘‘(A) ensure compliance with Federal law, 
the Federal Acquisition Regulation, and De-
partment acquisition management directives;
3177 
‘‘(B) review (including approving, pausing, 
modifying, or canceling) an acquisition program 
throughout the life cycle of such program; 
‘‘(C) ensure that acquisition program man-
agers have the resources necessary to success-
fully execute an approved acquisition program; 
‘‘(D) ensure appropriate acquisition pro-
gram management of cost, schedule, risk, and 
system or service performance of the acquisition 
program at issue, including assessing acquisi-
tion program baseline breaches and directing 
any corrective action for such breaches; 
‘‘(E) ensure that acquisition program man-
agers, on an ongoing basis, monitor cost, sched-
ule, and performance against established base-
lines and use tools to assess risks to an acquisi-
tion program at all phases of the life-cycle of 
such program; and 
‘‘(F) establish policies and procedures for 
major acquisition programs of the Department. 
‘‘(3) ACQUISITION DECISION EVENT.—The term 
‘acquisition decision event’, with respect to an acqui-
sition program, means a predetermined point within 
the acquisition life-cycle at which the acquisition de-
3178 
cision authority determines whether such acquisition 
program shall proceed to the next acquisition phase. 
‘‘(4) ACQUISITION PROGRAM.—The term ‘acqui-
sition program’ means the conceptualization, initi-
ation, design, development, test, contracting, produc-
tion, deployment, logistics support, modification, or 
disposal of systems, supplies, or services (including 
construction) to satisfy the Department’s needs. 
‘‘(5) ACQUISITION
PROGRAM
BASELINE.—The 
term ‘acquisition program baseline’, with respect to 
an acquisition program, means the cost, schedule, 
and performance parameters, expressed in standard, 
measurable, quantitative terms, which must be met 
to accomplish the goals of such program. 
‘‘(6) BEST PRACTICES.—The term ‘best prac-
tices’, with respect to acquisition, means a knowl-
edge-based approach to capability development, pro-
curement, and support that includes the following: 
‘‘(A) Identifying and validating needs. 
‘‘(B) Assessing alternatives to select the 
most appropriate solution. 
‘‘(C) Establishing well-defined require-
ments.
3179 
‘‘(D) Developing realistic cost assessments 
and schedules that account for the entire life- 
cycle of an acquisition. 
‘‘(E) Demonstrating technology, design, 
and manufacturing maturity before initiating 
production. 
‘‘(F) Using milestones and exit criteria or 
specific accomplishments that demonstrate the 
attainment of knowledge to support progress 
throughout the acquisition phases. 
‘‘(G) Regularly assessing and managing 
risks to achieve requirements and cost and 
schedule goals. 
‘‘(H) To the maximum extent possible, 
adopting and executing standardized processes. 
‘‘(I) Establishing a workforce that is quali-
fied to perform necessary acquisition roles. 
‘‘(J) Integrating into the Department’s 
mission and business operations the capabilities 
described in subparagraphs (A) through (I). 
‘‘(7) BREACH.—The term ‘breach’, with respect 
to a major acquisition program, means a failure to 
meet any cost, schedule, or performance threshold 
specified in the most recently approved acquisition 
program baseline.
3180 
‘‘(8) CONGRESSIONAL
HOMELAND
SECURITY 
COMMITTEES.—The term ‘congressional homeland 
security committees’ means— 
‘‘(A) the Committee on Homeland Security 
of the House of Representatives and the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate; and 
‘‘(B) the Committee on Appropriations of 
the House of Representatives and the Com-
mittee on Appropriations of the Senate. 
‘‘(9) COMPONENT ACQUISITION EXECUTIVE.— 
The term ‘Component Acquisition Executive’ means 
the senior acquisition official within a component 
who is designated in writing by the Under Secretary 
for Management, in consultation with the component 
head, with authority and responsibility for leading a 
process and staff to provide acquisition and program 
management oversight, policy, and guidance to en-
sure that statutory, regulatory, and higher level pol-
icy requirements are fulfilled, including compliance 
with Federal law, the Federal Acquisition Regula-
tion, and Department acquisition management direc-
tives established by the Under Secretary. 
‘‘(10) LIFE-CYCLE COST.—The term ‘life-cycle 
cost’ means the total cost to the Government of ac-
3181 
quiring, operating, supporting, and (if applicable) 
disposing of the items being acquired. 
‘‘(11) MAJOR
ACQUISITION
PROGRAM.—The 
term ‘major acquisition program’ means a Depart-
ment capital asset, services, or hybrid acquisition 
program that is estimated by the Secretary to re-
quire an eventual total expenditure of at least 
$300,000,000 (based on fiscal year 2022 constant 
dollars) over its life cycle or a program identified by 
the Chief Acquisition Officer as a program of special 
interest.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of the Homeland Security Act 
of 2002 is amended by inserting after the item relat-
ing to section 714 the following new item: 
‘‘Sec. 715. Program Accountability and Risk Management office.’’. 
(g) ACQUISITION DOCUMENTATION.— 
(1) IN GENERAL.—Subtitle D of title VIII of 
the Homeland Security Act of 2002 (6 U.S.C. 391 
et seq.), as amended by this Act, is further amended 
by adding at the end the following new section: 
‘‘SEC. 837. ACQUISITION DOCUMENTATION. 
‘‘For each major acquisition program (as such term 
is defined in section 714), the Secretary, acting through 
the Under Secretary for Management, shall require the
3182 
head of each relevant component or office of the Depart-
ment to— 
‘‘(1) maintain acquisition documentation that is 
complete, accurate, timely, and valid, and that in-
cludes— 
‘‘(A) operational requirements that are 
validated consistent with departmental policy; 
‘‘(B) a complete life-cycle cost estimate 
with supporting documentation; 
‘‘(C) verification of such life-cycle cost esti-
mate against independent cost estimates, and 
reconciliation of any differences; 
‘‘(D) a cost-benefit analysis with sup-
porting documentation; 
‘‘(E) an integrated master schedule with 
supporting documentation; 
‘‘(F) plans for conducting systems engi-
neering reviews and test and evaluation activi-
ties throughout development to support produc-
tion and deployment decisions; 
‘‘(G) an acquisition plan that outlines the 
procurement approach, including planned con-
tracting vehicles; 
‘‘(H) a logistics and support plan for oper-
ating and maintaining deployed capabilities
3183 
until such capabilities are disposed of or retired; 
and 
‘‘(I) an acquisition program baseline that 
is traceable to the operational requirements of 
the program required under subparagraphs (A), 
(B), and (E); 
‘‘(2) prepare cost estimates and schedules for 
major acquisition programs pursuant to subpara-
graphs (B) and (E) of paragraph (1) in a manner 
consistent with best practices as identified by the 
Comptroller General of the United States; and 
‘‘(3) ensure any revisions to the acquisition doc-
umentation maintained pursuant to paragraph (1) 
are reviewed and approved in accordance with de-
partmental policy.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of the Homeland Security Act 
of 2002 is amended by adding after the item relat-
ing to section 836 the following new item: 
‘‘Sec. 837. Acquisition documentation.’’. 
SEC. 6726. DHS ACQUISITION REVIEW BOARD. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 
is further amended by adding at the end the following new 
section:
3184 
‘‘SEC. 838. ACQUISITION REVIEW BOARD. 
‘‘(a) IN GENERAL.—There is established in the De-
partment an Acquisition Review Board (in this section re-
ferred to as the ‘Board’) to support the Under Secretary 
for Management in managing the Department’s acquisi-
tions. 
‘‘(b) COMPOSITION.— 
‘‘(1) CHAIR.—The Under Secretary for Man-
agement shall serve as chair of the Board. 
‘‘(2) OVERSIGHT.—The Under Secretary for 
Management may designate an employee of the De-
partment to oversee the operations of the Board. 
‘‘(3) PARTICIPATION.— The Under Secretary 
for Management shall ensure participation by other 
relevant Department officials with responsibilities re-
lated to acquisitions as permanent members of the 
Board, including the following: 
‘‘(A) The Chair of the Joint Requirements 
Council. 
‘‘(B) The Chief Financial Officer. 
‘‘(C) The Chief Human Capital Officer. 
‘‘(D) The Chief Information Officer. 
‘‘(E) The Chief Procurement Officer. 
‘‘(F) The Chief Readiness Support Officer. 
‘‘(G) The Chief Security Officer.
3185 
‘‘(H) The Director of the Office of Test 
and Evaluation. 
‘‘(I) Other relevant senior Department offi-
cials, as designated by the Under Secretary for 
Management. 
‘‘(c) MEETINGS.—The Board shall meet regularly for 
purposes of evaluating the progress and status of an ac-
quisition program. The Board shall convene at the Under 
Secretary for Management’s discretion, and at such time 
as— 
‘‘(1) a new acquisition program is initiated; 
‘‘(2) a major acquisition program— 
‘‘(A) requires authorization to proceed 
from one acquisition decision event to another 
throughout the acquisition life-cycle; 
‘‘(B) is in breach of its approved acquisi-
tion program baseline; or 
‘‘(C) requires additional review, as deter-
mined by the Under Secretary for Management; 
or 
‘‘(3) a non-major acquisition program requires 
review, as determined by the Under Secretary for 
Management. 
‘‘(d) RESPONSIBILITIES.—The responsibilities of the 
Board are as follows:
3186 
‘‘(1) Determine the appropriate acquisition level 
and acquisition decision authority for new acquisi-
tion programs based on the estimated eventual total 
expenditure of each such program to satisfy the mis-
sion need of the Department over the life-cycle of 
such acquisition regardless of funding source. 
‘‘(2) Determine whether a proposed acquisition 
has met the requirements of key phases of the acqui-
sition life-cycle framework and is able to proceed to 
the next phase and eventual full production and de-
ployment. 
‘‘(3) Oversee whether a proposed acquisition’s 
business strategy, resources, management, and ac-
countability is executable and is aligned with the 
mission and strategic goals of the Department. 
‘‘(4) Support the person with acquisition deci-
sion authority for an acquisition in determining the 
appropriate direction for such acquisition at key ac-
quisition decision events. 
‘‘(5) Conduct systematic reviews of acquisitions 
to ensure that such acquisitions are progressing in 
accordance with best practices and in compliance 
with the most recently approved documents for such 
acquisitions’ current acquisition phases.
3187 
‘‘(6) Review the acquisition documents of each 
major acquisition program, including the acquisition 
program baseline and documentation reflecting con-
sideration of tradeoffs among cost, schedule, and 
performance objectives, to ensure the reliability of 
underlying data. 
‘‘(7) Ensure that practices are adopted and im-
plemented to require consideration of trade-offs 
among cost, schedule, and performance objectives as 
part of the process for developing requirements for 
major acquisition programs prior to the initiation of 
the second acquisition decision event, including, at a 
minimum, the following practices: 
‘‘(A) Department officials responsible for 
acquisition, budget, and cost estimating func-
tions are provided with the appropriate oppor-
tunity to develop estimates and raise cost and 
schedule concerns before performance objectives 
are established for capabilities when feasible. 
‘‘(B) Full consideration is given to possible 
trade-offs among cost, schedule, and perform-
ance objectives for each alternative. 
‘‘(e) DOCUMENTATION.— 
‘‘(1) IN
GENERAL.—The chair of the Board 
shall ensure that all actions and decisions made pur-
3188 
suant to the responsibilities of the Board under sub-
section (d) are documented in an acquisition decision 
memorandum that includes— 
‘‘(A) a summary of the action at issue or 
purpose for convening a meeting under sub-
section (c); 
‘‘(B) the decision with respect to actions 
discussed during such meeting; 
‘‘(C) the rationale for such a decision, in-
cluding justifications for any such decision 
made to allow acquisition programs to deviate 
from the acquisition management policy of the 
Department; 
‘‘(D) any assigned items for further action; 
and 
‘‘(E) the signature of the chair verifying 
the contents of such memorandum. 
‘‘(2) SUBMISSION OF MEMORANDUM.—Not later 
than seven days after the date on which the acquisi-
tion decision memorandum is signed by the chair 
pursuant to paragraph (1)(E), the chair shall submit 
to the Secretary, 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 a copy of such memorandum.
3189 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) ACQUISITION.—The term ‘acquisition’ has 
the meaning given such term in section 131 of title 
41, United States Code. 
‘‘(2) ACQUISITION DECISION AUTHORITY.—The 
term ‘acquisition decision authority’ means the au-
thority, held by the Secretary to— 
‘‘(A) ensure acquisition programs are in 
compliance with Federal law, the Federal Ac-
quisition Regulation, and Department acquisi-
tion management directives; 
‘‘(B) review (including approving, pausing, 
modifying, or cancelling) an acquisition pro-
gram through the life-cycle of such program; 
‘‘(C) ensure that acquisition program man-
agers have the resources necessary to success-
fully execute an approved acquisition program; 
‘‘(D) ensure appropriate acquisition pro-
gram management of cost, schedule, risk, and 
system performance of the acquisition program 
at issue, including assessing acquisition pro-
gram baseline breaches and directing any cor-
rective action for such breaches; and 
‘‘(E) ensure that acquisition program man-
agers, on an ongoing basis, monitor cost, sched-
3190 
ule, and performance against established base-
lines and use tools to assess risks to an acquisi-
tion program at all phases of the life-cycle of 
such program to avoid and mitigate acquisition 
program baseline breaches. 
‘‘(3) ACQUISITION DECISION EVENT.—The term 
‘acquisition decision event’, with respect to an acqui-
sition program, means a predetermined point within 
each of the acquisition phases at which the acquisi-
tion decision authority determines whether such ac-
quisition program shall proceed to the next acquisi-
tion phase. 
‘‘(4) ACQUISITION DECISION MEMORANDUM.— 
The term ‘acquisition decision memorandum’ means 
the official documented record of decisions, including 
the rationale for such decisions and any assigned ac-
tions, for the acquisition at issue, as determined by 
the person exercising acquisition decision authority 
for such acquisition. 
‘‘(5) ACQUISITION
PROGRAM
BASELINE.—The 
term ‘acquisition program baseline’, with respect to 
an acquisition program, means a summary of the 
cost, schedule, and performance parameters, ex-
pressed in standard, measurable, quantitative terms,
3191 
which must be satisfied to accomplish the goals of 
such program. 
‘‘(6) BEST PRACTICES.—The term ‘best prac-
tices’, with respect to acquisition, means a knowl-
edge-based approach to capability development that 
includes— 
‘‘(A) identifying and validating needs; 
‘‘(B) assessing alternatives to select the 
most appropriate solution; 
‘‘(C) clearly establishing well-defined re-
quirements; 
‘‘(D) developing realistic cost estimates 
and schedules that account for the entire life- 
cycle of such an acquisition; 
‘‘(E) securing stable funding that matches 
resources to requirements before initiating such 
development; 
‘‘(F) demonstrating technology, design, 
and manufacturing maturity before initiating 
production of the item that is the subject of 
such acquisition; 
‘‘(G) using milestones and exit criteria or 
specific accomplishments that demonstrate the 
attainment of knowledge to support progress;
3192 
‘‘(H) regularly assessing and managing 
risks to achieving requirements and cost and 
schedule goals; 
‘‘(I) adopting and executing standardized 
processes with known success across programs; 
‘‘(J) establishing an adequate workforce 
that is qualified and sufficient to perform nec-
essary functions; and 
‘‘(K) integrating the capabilities described 
in subparagraphs (A) through (J). 
‘‘(7) MAJOR ACQUISITION PROGRAM.—The term 
‘major acquisition program’ means— 
‘‘(A) a Department capital asset, service, 
or hybrid acquisition program that is estimated 
by the Secretary to require an eventual total ex-
penditure of at least $300 million (based on fis-
cal year 2022 constant dollars) over its life- 
cycle cost; or 
‘‘(B) a program identified by the Under 
Secretary for Management as a program of spe-
cial interest. 
‘‘(8) NON-MAJOR ACQUISITION PROGRAM.—The 
term ‘non-major acquisition program’ means a De-
partment capital asset, service, or hybrid acquisition 
program that is estimated by the Secretary to re-
3193 
quire an eventual total expenditure of less than 
$300,000,000 (based on fiscal year 2022 constant 
dollars) over its life-cycle.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 (6 
U.S.C. 101 et seq.) is amended by inserting after the item 
relating to section 837 the following new item: 
‘‘Sec. 838. Acquisition Review Board.’’. 
SEC. 6727. DHS CONTRACT REPORTING. 
(a) DAILY PUBLIC REPORT OF COVERED CONTRACT 
AWARDS.— 
(1) IN
GENERAL.—The Secretary shall post, 
maintain, and update in accordance with paragraph 
(2), on a publicly available website of the Depart-
ment, a daily report of all covered contract awards. 
Each reported covered contract award shall include 
information relating to— 
(A) the contract number, modification 
number, or delivery order number; 
(B) the contract type; 
(C) the amount obligated for such award; 
(D) the total contract value for such 
award, including all options; 
(E) the description of the purpose for such 
award;
3194 
(F) the number of proposals or bids re-
ceived; 
(G) the name and address of the vendor, 
and whether such vendor is considered a small 
business; 
(H) the period and each place of perform-
ance for such award; 
(I) whether such award is multiyear; 
(J) whether such award requires a small 
business subcontracting plan; and 
(K) the contracting office and the point of 
contact for such office. 
(2) UPDATE.—Updates referred to in para-
graph (1) shall occur not later than two business 
days after the date on which the covered contract is 
authorized or modified. 
(3) SUBSCRIBING TO ALERTS.—The website re-
ferred to in paragraph (1) shall provide the option 
to subscribe to an automatic notification of the pub-
lication of each report required under such para-
graph. 
(4) EFFECTIVE
DATE.—Paragraph (1) shall 
take effect on the date that is 180 days after the 
date of the enactment of this section.
3195 
(b) UNDEFINITIZED CONTRACT ACTION OR DEFINI-
TIZED AMOUNT.—If a covered contract award reported 
pursuant to subsection (a) includes an undefinitized con-
tract action, the Secretary shall— 
(1) report the estimated total contract value for 
such award and the amount obligated upon award; 
and 
(2) once such award is definitized, update the 
total contract value and amount obligated. 
(c) EXEMPTION.—Each report required under sub-
section (a) shall not include covered contract awards relat-
ing to classified products, programs, or services. 
(d) DEFINITIONS.—In this section: 
(1) COVERED
CONTRACT
AWARD.—The term 
‘‘covered contract award’’— 
(A) means a contract action of the Depart-
ment with the total authorized dollar amount of 
$4,000,000 or greater, including unexercised 
options; and 
(B) includes— 
(i) contract awards governed by the 
Federal Acquisition Regulation; 
(ii) modifications to a contract award 
that increase the total value, expand the
3196 
scope of work, or extend the period of per-
formance; 
(iii) orders placed on a multiple award 
or multiple-agency contract that includes 
delivery or quantity terms that are indefi-
nite; 
(iv) other transaction authority agree-
ments; and 
(v) contract awards made with other 
than full and open competition. 
(2) DEFINITIZED AMOUNT.—The term ‘‘defini-
tized amount’’ means the final amount of a covered 
contract award after agreement between the Depart-
ment and the contractor at issue. 
(3) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(5) SMALL BUSINESS.—The term ‘‘small busi-
ness’’ means an entity that qualifies as a small busi-
ness concern, as such term is described under sec-
tion 3 of the Small Business Act (15 U.S.C. 632). 
(6) TOTAL CONTRACT VALUE.—The term ‘‘total 
contract value’’ means the total amount of funds ex-
pected to be provided to the contractor at issue
3197 
under the terms of the contract through the full pe-
riod of performance. 
(7) UNDEFINITIZED CONTRACT ACTION.—The 
term ‘‘undefinitized contract action’’ means any con-
tract action for which the contract terms, specifica-
tions, or price is not established prior to the start 
of the performance of a covered contract award. 
SEC. 6728. UNMANNED AERIAL SECURITY. 
(a) PROHIBITION ON AGENCY OPERATION OR PRO-
CUREMENT.—Except as provided in subsection (b) and 
subsection (c)(3), the Secretary of Homeland Security 
may not operate, provide financial assistance for, or enter 
into or renew a contract for the procurement of— 
(1) an unmanned aircraft system (UAS) that— 
(A) is manufactured in a covered foreign 
country or by a corporation domiciled in a cov-
ered foreign country; 
(B) uses flight controllers, radios, data 
transmission devices, cameras, or gimbals man-
ufactured in a covered foreign country or by a 
corporation domiciled in a covered foreign coun-
try; 
(C) uses a ground control system or oper-
ating software developed in a covered foreign
3198 
country or by a corporation domiciled in a cov-
ered foreign country; or 
(D) uses network connectivity or data stor-
age located in a covered foreign country or ad-
ministered by a corporation domiciled in a cov-
ered foreign country; 
(2) a software operating system associated with 
a UAS that uses network connectivity or data stor-
age located in a covered foreign country or adminis-
tered by a corporation domiciled in a covered foreign 
country; or 
(3) a system for the detection or identification 
of a UAS, which system is manufactured in a cov-
ered foreign country or by a corporation domiciled in 
a covered foreign country. 
(b) WAIVER.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security is authorized to waive the prohibition under 
subsection (a) if the Secretary certifies in writing to 
the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate 
that a UAS, a software operating system associated 
with a UAS, or a system for the detection or identi-
fication of a UAS referred to in any of subpara-
3199 
graphs (A) through (C) of such subsection that is 
the subject of such a waiver is required— 
(A) in the national interest of the United 
States; 
(B) for counter-UAS surrogate research, 
testing, development, evaluation, or training; or 
(C) for intelligence, electronic warfare, or 
information warfare operations, testing, anal-
ysis, and or training. 
(2) NOTICE.—The certification described in 
paragraph (1) shall be submitted to the Committees 
specified in such paragraph by not later than the 
date that is 14 days after the date on which a waiv-
er is issued under such paragraph. 
(c) EFFECTIVE DATES.— 
(1) IN GENERAL.—This Act shall take effect on 
the date that is 120 days after the date of the enact-
ment of this Act. 
(2) WAIVER PROCESS.—Not later than 60 days 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall establish a proc-
ess by which the head of an office or component of 
the Department of Homeland Security may request 
a waiver under subsection (b).
3200 
(3) EXCEPTION.—Notwithstanding the prohibi-
tion under subsection (a), the head of an office or 
component of the Department of Homeland Security 
may continue to operate a UAS, a software oper-
ating system associated with a UAS, or a system for 
the detection or identification of a UAS described in 
any of subparagraphs (1) through (3) of such sub-
section that was in the inventory of such office or 
component on the day before the effective date of 
this Act until— 
(A) such time as the Secretary of Home-
land Security has— 
(i) granted a waiver relating thereto 
under subsection (b); or 
(ii) declined to grant such a waiver; or 
(B) one year after the date of the enact-
ment of this Act, 
whichever is later. 
(d) DRONE ORIGIN SECURITY REPORT
TO CON-
GRESS.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security 
shall submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
3201 
ate a terrorism threat assessment and report that contains 
information relating to the following: 
(1) The extent to which the Department of 
Homeland Security has previously analyzed the 
threat that a UAS, a software operating system as-
sociated with a UAS, or a system for the detection 
or identification of a UAS from a covered foreign 
country operating in the United States poses, and 
the results of such analysis. 
(2) The number of UAS, software operating 
systems associated with a UAS, or systems for the 
detection or identification of a UAS from a covered 
foreign country in operation by the Department, in-
cluding an identification of the component or office 
of the Department at issue, as of such date. 
(3) The extent to which information gathered 
by such a UAS, a software operating system associ-
ated with a UAS, or a system for the detection or 
identification of a UAS from a covered foreign coun-
try could be employed to harm the national or eco-
nomic security of the United States. 
(e) DEFINITIONS.—In this section: 
(1) COVERED FOREIGN COUNTRY.—The term 
‘‘covered foreign country’’ means a country that—
3202 
(A) the intelligence community has identi-
fied as a foreign adversary in its most recent 
Annual Threat Assessment; or 
(B) the Secretary of Homeland Security, 
in coordination with the Director of National 
Intelligence, has identified as a foreign adver-
sary that is not included in such Annual Threat 
Assessment. 
(2) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the meaning given 
such term in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 3003(4)). 
(3) UNMANNED AIRCRAFT SYSTEM; UAS.—The 
terms ‘‘unmanned aircraft system’’ and ‘‘UAS’’ have 
the meaning given the term ‘‘unmanned aircraft sys-
tem’’ in section 44801 of title 49, United States 
Code. 
Subtitle C—Enhancing DHS 
Operations 
SEC. 6731. QUADRENNIAL HOMELAND SECURITY REVIEW 
TECHNICAL CORRECTIONS. 
(a) IN GENERAL.—Section 707 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 347) is amended— 
(1) in subsection (a)(3)—
3203 
(A) in subparagraph (B), by striking 
‘‘and’’ after the semicolon at the end; 
(B) by redesignating subparagraph (C) as 
subparagraph (D); and 
(C) by inserting after subparagraph (B) 
the following new subparagraph: 
‘‘(C) representatives from appropriate ad-
visory committees established pursuant to sec-
tion 871, including the Homeland Security Ad-
visory Council and the Homeland Security 
Science and Technology Advisory Committee, or 
otherwise established, including the Aviation 
Security Advisory Committee established pursu-
ant to section 44946 of title 49, United States 
Code; and’’; 
(2) in subsection (b)— 
(A) in paragraph (2), by inserting before 
the semicolon at the end the following: ‘‘based 
on the risk assessment required pursuant to 
subsection (c)(2)(B)’’; 
(B) in paragraph (3)— 
(i) by inserting ‘‘, to the extent prac-
ticable,’’ after ‘‘describe’’; and 
(ii) by striking ‘‘budget plan’’ and in-
serting ‘‘resources required’’;
3204 
(C) in paragraph (4)— 
(i) by inserting ‘‘, to the extent prac-
ticable,’’ after ‘‘identify’’; 
(ii) by striking ‘‘budget plan required 
to provide sufficient resources to success-
fully’’ and inserting ‘‘resources required 
to’’; and 
(iii) by striking the semicolon at the 
end and inserting the following: ‘‘, includ-
ing any resources identified from redun-
dant, wasteful, or unnecessary capabilities 
or capacities that may be redirected to bet-
ter support other existing capabilities or 
capacities, as the case may be; and’’; 
(D) in paragraph (5), by striking ‘‘; and’’ 
and inserting a period; and 
(E) by striking paragraph (6); 
(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘Decem-
ber 31 of the year’’ and inserting ‘‘60 days 
after the date of the submission of the Presi-
dent’s budget for the fiscal year after the fiscal 
year’’; 
(B) in paragraph (2)—
3205 
(i) in subparagraph (B), by striking 
‘‘description of the threats to’’ and insert-
ing ‘‘risk assessment of’’; 
(ii) in subparagraph (C), by inserting 
‘‘, as required under subsection (b)(2)’’ be-
fore the semicolon at the end; 
(iii) in subparagraph (D)— 
(I) by inserting ‘‘to the extent 
practicable,’’ before ‘‘a description’’; 
and 
(II) by striking ‘‘budget plan’’ 
and inserting ‘‘resources required’’; 
(iv) in subparagraph (F)— 
(I) by inserting ‘‘to the extent 
practicable,’’ before ‘‘a discussion’’; 
and 
(II) by striking ‘‘the status of’’; 
(v) in subparagraph (G)— 
(I) by inserting ‘‘to the extent 
practicable,’’ before ‘‘a discussion’’; 
(II) by striking ‘‘the status of’’; 
(III) by inserting ‘‘and risks’’ be-
fore ‘‘to national homeland’’; and 
(IV) by inserting ‘‘and’’ after the 
semicolon at the end;
3206 
(vi) by striking subparagraph (H); 
and 
(vii) by redesignating subparagraph 
(I) as subparagraph (H); 
(C) by redesignating paragraph (3) as 
paragraph (4); and 
(D) by inserting after paragraph (2) the 
following new paragraph: 
‘‘(3) DOCUMENTATION.—The Secretary shall 
retain and, upon request, provide to Congress the 
following documentation regarding each quadrennial 
homeland security review: 
‘‘(A) Records regarding the consultation 
carried out pursuant to subsection (a)(3), in-
cluding the following: 
‘‘(i) All written communications, in-
cluding communications sent out by the 
Secretary and feedback submitted to the 
Secretary through technology, online com-
munications tools, in-person discussions, 
and the interagency process. 
‘‘(ii) Information on how feedback re-
ceived by the Secretary informed each such 
quadrennial homeland security review.
3207 
‘‘(B) Information regarding the risk as-
sessment required pursuant to subsection 
(c)(2)(B), including the following: 
‘‘(i) The risk model utilized to gen-
erate such risk assessment. 
‘‘(ii) Information, including data used 
in the risk model, utilized to generate such 
risk assessment. 
‘‘(iii) Sources of information, includ-
ing other risk assessments, utilized to gen-
erate such risk assessment. 
‘‘(iv) Information on assumptions, 
weighing factors, and subjective judgments 
utilized to generate such risk assessment, 
together with information on the rationale 
or basis thereof.’’; 
(4) by redesignating subsection (d) as sub-
section (e); and 
(5) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) REVIEW.—Not later than 90 days after the sub-
mission of each report required under subsection (c)(1), 
the Secretary shall provide to the Committee on Homeland 
Security of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs
3208 
of the Senate information on the degree to which the find-
ings and recommendations developed in the quadrennial 
homeland security review that is the subject of such report 
were integrated into the acquisition strategy and expendi-
ture plans for the Department.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this Act shall apply with respect to a quadrennial home-
land security review conducted after December 31, 2021. 
SEC. 6732. BOMBING PREVENTION. 
(a) OFFICE FOR BOMBING PREVENTION.— 
(1) IN GENERAL.—Title XXII of the Homeland 
Security Act of 2002 (6 U.S.C. 651 et seq.) is 
amended by adding at the end the following new 
subtitle: 
‘‘Subtitle E—Bombing Prevention 
‘‘SEC. 2251. OFFICE FOR BOMBING PREVENTION. 
‘‘(a) ESTABLISHMENT.—There is established within 
the Department an Office for Bombing Prevention (in this 
section referred to as the ‘Office’). 
‘‘(b) ACTIVITIES.—The Office shall have the primary 
responsibility within the Department for enhancing the 
ability and coordinating the efforts of the United States 
to deter, detect, prevent, protect against, mitigate, and re-
spond to terrorist explosive threats and attacks in the 
United States, including by carrying out the following:
3209 
‘‘(1) Advising the Secretary on matters related 
to terrorist explosive threats and attacks in the 
United States. 
‘‘(2) Coordinating the efforts of the Depart-
ment to counter terrorist explosive threats and at-
tacks in the United States, including by carrying out 
the following: 
‘‘(A) Developing, in coordination with the 
Under Secretary for Strategy, Policy, and 
Plans, the Department’s strategy against ter-
rorist explosives threats and attacks, including 
efforts to support the security and preparedness 
of critical infrastructure and the public sector 
and private sector. 
‘‘(B) Leading the prioritization of the De-
partment’s efforts against terrorist explosive 
threats and attacks, including preparedness and 
operational requirements. 
‘‘(C) Ensuring, in coordination with the 
Under Secretary for Science and Technology 
and the Administrator of the Federal Emer-
gency Management Agency, the identification, 
evaluation, and availability of effective tech-
nology applications through field pilot testing 
and acquisition of such technology applications
3210 
by the public sector to deter, detect, prevent, 
protect against, mitigate, and respond to ter-
rorist explosive threats and attacks in the 
United States. 
‘‘(D) Providing advice and recommenda-
tions to the Administrator of the Federal Emer-
gency Management Agency regarding the effec-
tive use of grants authorized under section 
2002. 
‘‘(E) In coordination with the Assistant 
Secretary for Countering Weapons of Mass De-
struction, aligning Department efforts related 
to terrorist explosive threats and attacks in the 
United States and weapons of mass destruction. 
‘‘(3) Engaging other Federal departments and 
agencies, including Sector Risk Management Agen-
cies, regarding terrorist explosive threats and at-
tacks in the United States. 
‘‘(4) Facilitating information sharing and deci-
sion support of the public and private sector involved 
in deterrence, detection, prevention, protection 
against, mitigation of, and response to terrorist ex-
plosive threats and attacks in the United States. 
Such sharing and support may include the following:
3211 
‘‘(A) Operating and maintaining a secure 
information sharing system that allows the 
sharing of critical information and data relating 
to terrorist explosive attack tactics, techniques, 
procedures, and security capabilities, including 
information and data described in paragraph 
(6) and section 2242. 
‘‘(B) Working with international partners, 
in coordination with the Office for International 
Affairs of the Department, to develop and share 
effective practices to deter, prevent, detect, pro-
tect against, mitigate, and respond to terrorist 
explosive threats and attacks in the United 
States. 
‘‘(5) Promoting security awareness among the 
public and private sector and the general public re-
garding the risks posed by the misuse of explosive 
precursor chemicals and other bomb-making mate-
rials. 
‘‘(6) Providing training, guidance, assessments, 
and planning assistance to the public and private 
sector, as appropriate, to help counter the risk of 
terrorist explosive threats and attacks in the United 
States.
3212 
‘‘(7) Conducting analysis and planning for the 
capabilities and requirements necessary for the pub-
lic and private sector, as appropriate, to deter, de-
tect, prevent, protect against, mitigate, and respond 
to terrorist explosive threats and attacks in the 
United States by carrying out the following: 
‘‘(A) Maintaining a database on capabili-
ties and requirements, including capabilities 
and requirements of public safety bomb squads, 
explosive detection canine teams, special tactics 
teams, public safety dive teams, and recipients 
of services described in section 2242. 
‘‘(B) Applying the analysis derived from 
the database described in subparagraph (A) 
with respect to the following: 
‘‘(i) Evaluating progress toward clos-
ing identified gaps relating to national 
strategic goals and standards related to de-
terring, detecting, preventing, protecting 
against, mitigating, and responding to ter-
rorist explosive threats and attacks in the 
United States. 
‘‘(ii) Informing decisions relating to 
homeland security policy, assistance, train-
ing, research, development efforts, testing
3213 
and evaluation, and related requirements 
regarding deterring, detecting, preventing, 
protecting against, mitigating, and re-
sponding to terrorist explosive threats and 
attacks in the United States. 
‘‘(8) Promoting secure information sharing of 
sensitive material and promoting security awareness, 
including by carrying out the following: 
‘‘(A) Operating and maintaining a secure 
information sharing system that allows the 
sharing among and between the public and pri-
vate sector of critical information relating to ex-
plosive attack tactics, techniques, and proce-
dures. 
‘‘(B) Educating the public and private sec-
tors about explosive precursor chemicals. 
‘‘(C) Working with international partners, 
in coordination with the Office for International 
Affairs of the Department, to develop and share 
effective practices to deter, detect, prevent, pro-
tect against, mitigate, and respond to terrorist 
explosive threats and attacks in the United 
States. 
‘‘(D) Executing national public awareness 
and vigilance campaigns relating to terrorist ex-
3214 
plosive threats and attacks in the United 
States, preventing explosive attacks, and activi-
ties and measures underway to safeguard the 
United States. 
‘‘(E) Working with relevant stakeholder or-
ganizations. 
‘‘(9) Providing any other assistance the Sec-
retary determines necessary. 
‘‘SEC. 2252. COUNTERING EXPLOSIVE DEVICES TECHNICAL 
ASSISTANCE. 
‘‘(a) ESTABLISHMENT.—Upon request, the Secretary 
shall, to the extent practicable, provide to the public and 
private sector technical assistance services to support the 
security and preparedness of such sectors, as appropriate, 
to counter terrorist explosive threats and attacks that pose 
a risk in certain jurisdictions, including vulnerable and 
disadvantaged communities, to critical infrastructure fa-
cilities, or to special events, as appropriate. 
‘‘(b) ELEMENTS.—Technical assistance services pro-
vided pursuant to subsection (a) shall— 
‘‘(1) support the planning and implementation 
of effective measures to deter, detect, prevent, pro-
tect against, mitigate, and respond to terrorist ex-
plosive threats and attacks in the United States, in-
3215 
cluding effective strategic risk management and 
emergency operations plans; 
‘‘(2) support the security of explosive precursor 
chemicals and other bomb-making materials outside 
of regulatory control; 
‘‘(3) support efforts to prepare for and respond 
to bomb threats or other acts involving the malicious 
conveyance of false information concerning terrorist 
explosive threats and attacks in the United States; 
‘‘(4) make available resources to enhance deter-
rence, prevention, detection, protection, mitigation, 
and response capabilities for terrorist explosive 
threats and attacks in the United States, including 
coordination and communication, to better integrate 
State, local, Tribal, and territorial and private sector 
capabilities and assets, as appropriate, with Federal 
operations; 
‘‘(5) make available augmenting resources, as 
appropriate, to enable State, local, Tribal, and terri-
torial governments to sustain and refresh their capa-
bilities; 
‘‘(6) track performance in meeting the goals 
and associated plans of the provision of such tech-
nical assistance; and
3216 
‘‘(7) include any other assistance the Secretary 
determines necessary. 
‘‘SEC. 2253. RELATIONSHIP TO OTHER DEPARTMENT COM-
PONENTS AND FEDERAL AGENCIES. 
‘‘(a) IN GENERAL.—The authority of the Secretary 
under this subtitle shall not affect or diminish the author-
ity or the responsibility of any officer of any other Federal 
agency with respect to the command, control, or direction 
of the functions, personnel, funds, assets, or liabilities of 
any other such Federal agency. 
‘‘(b) DEPARTMENT COMPONENTS.—Nothing in this 
subtitle or any other provision of law may be construed 
to affect or reduce the responsibilities of— 
‘‘(1) the Countering Weapons of Mass Destruc-
tion Office or the Assistant Secretary of the Office, 
including with respect to any asset, function, or mis-
sion of the Office or the Assistant Secretary, as the 
case may be; 
‘‘(2) the Federal Emergency Management 
Agency or the Administrator of the Agency, includ-
ing the diversion of any asset, function, or mission 
of the Agency or the Administrator as the case may 
be; or 
‘‘(3) the Transportation Security Administra-
tion or the Administrator of the Administration, in-
3217 
cluding the diversion of any asset, function, or mis-
sion of the Administration or the Administrator, as 
the case may be.’’. 
(2) STRATEGY AND REPORTS.— 
(A) STRATEGY.—Not later than one year 
after the date of the enactment of this section, 
the head of the Office for Bombing Prevention 
of the Department of Homeland Security (es-
tablished pursuant to section 2241 of the 
Homeland Security Act of 2002, as added by 
paragraph (1)), in consultation with the heads 
of other components of the Department and the 
heads of other Federal agencies, as appropriate, 
shall develop a strategy to align the Office’s ac-
tivities with the threat environment and stake-
holder needs, and make the public and private 
sector aware of the Office’s capabilities. Such 
strategy shall include the following elements: 
(i) Information on terrorist explosive 
threats, tactics, and attacks in the United 
States. 
(ii) Information, by region of the 
United States, regarding public and pri-
vate sector entities likely to be targeted by 
terrorist explosive threats and attacks in
3218 
the United States, including historically 
black colleges and universities and minor-
ity serving institutions, places of worship, 
health care facilities, transportation sys-
tems, commercial facilities, and govern-
ment facilities. 
(iii) Guidance on how outreach to 
owners and operators of critical infrastruc-
ture (as such term is defined in section 
1016(e) of Public Law 107–56 (42 U.S.C. 
5195c(e))) 
in 
a 
region 
should 
be 
prioritized. 
(iv) A catalogue of the services and 
training currently offered by the Office, 
and a description of how such services and 
trainings assist the public and private sec-
tor to deter, detect, prevent, protect 
against, mitigate, and respond to terrorist 
explosive threats and attacks in the United 
States. 
(v) Long-term objectives of the Office, 
including future service and training offer-
ings.
3219 
(vi) Metrics for measuring the effec-
tiveness of services and trainings offered 
by the Office. 
(vii) An assessment of resource re-
quirements necessary to implement such 
strategy. 
(viii) A description of how the Office 
partners with other components of the De-
partment and other Federal agencies to 
carry out its mission. 
(B) REPORTS.—Not later than one year 
after the date of the enactment of this section 
and annually thereafter, the Secretary of 
Homeland Security shall submit to the Com-
mittee on Homeland Security of the House of 
Representatives and the Committee on Home-
land Security and Governmental Affairs of the 
Senate a report describing the activities of the 
Office for Bombing Prevention of the Depart-
ment of Homeland Security (established pursu-
ant to section 2241 of the Homeland Security 
Act of 2002, as added by paragraph (1)). Each 
such report shall include information on the fol-
lowing:
3220 
(i) Changes to terrorist explosive 
threats, tactics, and attacks in the United 
States. 
(ii) Changes to the types of public and 
private sector entities likely to be targeted 
by terrorist explosive threats and attacks 
in the United States. 
(iii) The number of trainings, assess-
ments, and other engagements carried out 
by the Office within each region of the 
United States, including a description of 
the critical infrastructure sector or stake-
holder served. 
(iv) The number of trainings, assess-
ments, or other engagements the Office 
was asked to conduct but did not, and an 
explanation relating thereto. 
(v) The effectiveness of the trainings, 
assessments, or other engagements pro-
vided by the Office based on the metrics 
described in subparagraph (A)(vi). 
(vi) 
Any 
changes 
or 
anticipated 
changes in the trainings, assessments, and 
other engagements, or any other services,
3221 
offered by the Office, and an explanation 
relating thereto. 
(3) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of the Homeland Security Act 
of 2002 is amended by inserting after the item relat-
ing to section 2246 the following new items: 
‘‘Subtitle E—Bombing Prevention 
‘‘Sec. 2251. Office for Bombing Prevention. 
‘‘Sec. 2252. Countering explosive devices technical assistance. 
‘‘Sec. 2253. Relationship to other Department components and Federal agen-
cies.’’. 
(b) EXPLOSIVES TECHNOLOGY DEVELOPMENT.— 
(1) IN GENERAL.—Title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.) is fur-
ther amended by adding at the end the following 
new section: 
‘‘SEC. 324. EXPLOSIVES RESEARCH AND DEVELOPMENT. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Under Secretary for Science and Technology, and in 
coordination with the head of the Office for Bombing Pre-
vention and the Assistant Secretary for the Countering 
Weapons of Mass Destruction Office, and in consultation 
with the Attorney General, the Secretary of Defense, and 
the head of any other relevant Federal department or 
agency, including Sector Risk Management Agencies, shall 
ensure coordination and information sharing regarding 
nonmilitary research, development, testing, and evaluation
3222 
activities of the Federal Government relating to the deter-
rence, detection, prevention, protection against, mitigation 
of, and response to terrorist explosive threats and attacks 
in the United States. 
‘‘(b) LEVERAGING MILITARY RESEARCH.—The Sec-
retary, acting through the Under Secretary for Science 
and Technology, and in coordination with the head of the 
Office for Bombing Prevention and the Assistant Sec-
retary for the Countering of Weapons of Mass Destruction 
Office, shall consult with the Secretary of Defense and the 
head of any other relevant Federal department or agency, 
including Sector Risk Management Agencies, to ensure 
that, to the maximum extent possible, military policies and 
procedures, and research, development, testing, and eval-
uation activities relating to the deterrence, detection, pre-
vention, protection against, mitigation of, and response to 
terrorist explosive threats and attacks in the United 
States are adapted to nonmilitary uses.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of the Homeland Security Act 
of 2002 is amended by inserting after the item relat-
ing to section 323 the following new item: 
‘‘Sec. 324. Explosives research and development.’’.
3223 
SEC. 6733. DHS BASIC TRAINING ACCREDITATION IM-
PROVEMENT. 
(a) REPORTING ON BASIC TRAINING PROGRAMS OF 
THE DEPARTMENT OF HOMELAND SECURITY.— 
(1) ANNUAL REPORTING.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of the enactment of this Act and 
annually thereafter, the Secretary of Homeland 
Security shall report to the relevant congres-
sional committees on the accreditation status 
for each basic training program within the De-
partment of Homeland Security, including in-
formation relating to the following: 
(i) The date on which each such pro-
gram achieved initial accreditation, or in 
the case of a program that is not currently 
accredited, the reasons for not obtaining or 
maintaining accreditation, the activities, if 
any, taken to achieve accreditation, and an 
anticipated timeline for accreditation of 
such program. 
(ii) The date each such program most 
recently received accreditation or reaccredi-
tation, if applicable. 
(iii) Each such program’s anticipated 
accreditation or next reaccreditation date.
3224 
(iv) The name of the accreditation 
manager for each such program. 
(B) TERMINATION
OF
REPORTING
RE-
QUIREMENT.—Annual reports under subpara-
graph (A) shall terminate when all basic train-
ing programs of the Department of Homeland 
Security are accredited. 
(2) LAPSE IN ACCREDITATION.— 
(A) IN GENERAL.—If a basic training pro-
gram of the Department of Homeland Security 
loses accreditation, the head of the relevant 
component of the Department shall notify the 
Secretary of Homeland Security not later than 
30 days after such loss. 
(B) NOTICE
TO
CONGRESS.—Not later 
than 30 days after receiving a notification pur-
suant to subparagraph (A), the Secretary of 
Homeland Security shall notify the relevant 
congressional committees of the lapse in accred-
itation at issue, the reason for such lapse, and 
the activities underway and planned to regain 
accreditation. 
(3) DEFINITIONS.—In this section: 
(A) ACCREDITATION.—The term ‘‘accredi-
tation’’ means the recognition by a board that
3225 
a basic training program is administered, devel-
oped, and delivered according to an applicable 
set of standards. 
(B) ACCREDITATION MANAGER.—The term 
‘‘accreditation manager’’ means the individual 
assigned by the component of the Department 
of Homeland Security to manage accreditation 
activities for a basic training program. 
(C) BASIC TRAINING PROGRAM.—The term 
‘‘basic training program’’ means an entry level 
program of the Department of Homeland Secu-
rity that is transitional to law enforcement serv-
ice, provides training on critical competencies 
and responsibilities, and is typically a require-
ment for appointment to a law enforcement 
service job or job series. 
(D) REACCREDITATION.—The term ‘‘re-
accreditation’’ means the assessment of a basic 
training program after initial accreditation to 
ensure the continued compliance with an appli-
cable set of standards. 
(E) RELEVANT CONGRESSIONAL COMMIT-
TEES.—The term ‘‘relevant congressional com-
mittees’’ means the Committee on Homeland 
Security and the Committee on the Judiciary of
3226 
the House of Representatives and the Com-
mittee on Homeland Security and Govern-
mental Affairs and the Committee of the Judi-
ciary of the Senate. 
(b) RESEARCH
AND DEVELOPMENT.—The Under 
Secretary for Science and Technology of the Department 
of Homeland Security shall carry out research and devel-
opment of systems and technologies to enhance access to 
training offered by the Federal Law Enforcement Train-
ing Centers to State, local, Tribal, and territorial law en-
forcement, with particular attention to law enforcement in 
rural and remote communities, for the purpose of enhanc-
ing domestic preparedness for and collective response to 
terrorism and other homeland security threats. 
SEC. 6734. DEPARTMENT OF HOMELAND SECURITY INSPEC-
TOR GENERAL TRANSPARENCY. 
(a) IN GENERAL.—Subtitle B of title VIII of the 
Homeland Security Act of 2002 is amended by inserting 
before section 812 the following new section: 
‘‘SEC. 811. OFFICE OF INSPECTOR GENERAL. 
‘‘(a) PUBLICATION OF REPORTS.— 
‘‘(1) IN GENERAL.—Beginning not later than 
30 days after the date of the enactment of this sec-
tion, the Inspector General of the Department shall 
submit to the appropriate congressional committees
3227 
any report finalized on and after such date that sub-
stantiates— 
‘‘(A) a violation of paragraph (8) or (9) of 
section 2302(b) of title 5, United States Code, 
section 1034 of title 10, United States Code, or 
Presidential Personnel Directive-19; or 
‘‘(B) an allegation of misconduct, waste, 
fraud, abuse, or violation of policy within the 
Department involving a member of the Senior 
Executive Service or politically appointed offi-
cial of the Department. 
‘‘(2) PUBLIC AVAILABILITY.— 
‘‘(A) IN GENERAL.—Concurrent with the 
submission to the appropriate congressional 
committees of reports pursuant to paragraph 
(1), the Inspector General shall, consistent with 
privacy, civil rights, and civil liberties protec-
tions, publish on a publicly available website of 
the Inspector General each such report. 
‘‘(B) EXCEPTION.—The requirement pur-
suant to subparagraph (A) to publish reports 
does not apply if section (5)(e)(1) of the Inspec-
tor General Act of 1978 applies to any such re-
port. 
‘‘(3) REQUIREMENT.—
3228 
‘‘(A) IN GENERAL.—The Inspector General 
of the Department may not redact any portion 
of a report submitted pursuant to paragraph 
(1). 
‘‘(B) EXCEPTION.—The requirement under 
subparagraph (A) shall not apply with respect 
to the name or any other identifying informa-
tion, including any contextual details not rel-
evant to the audit, inspection, or evaluation at 
issue that may be used by other employees or 
officers of the Department to determine the 
identity of a whistleblower complainant, of a 
whistleblower complainant who does not consent 
to the inclusion of such in a report of the In-
spector General. 
‘‘(b) SEMIANNUAL REPORTING.—Beginning with the 
first semiannual report transmitted to the appropriate 
committees or subcommittees of the Congress pursuant to 
section 5(b) of the Inspector General Act of 1978 that 
is transmitted after the date of the enactment of this sec-
tion, each such report shall be accompanied by a list of 
ongoing audits, inspections, and evaluations of the De-
partment, together with a narrative description relating 
to each such audit, inspection, or evaluation that identifies 
the scope of such audit, inspection, or evaluation, as the
3229 
case may be, as well as the subject office, component, or 
directorate of the Department. For each such ongoing 
audit, inspection, or evaluation such narrative description 
shall include the following: 
‘‘(1) Information relating to the source of each 
such audit, inspection, or evaluation. 
‘‘(2) Information regarding whether each such 
audit, inspection, or evaluation is being conducted 
independently, jointly, concurrently, or in some other 
manner. 
‘‘(3) In the event each such audit, inspection, or 
evaluation was initiated due to a referral, the date 
on which the Inspector General notified the origi-
nator of a referral of the Inspector General’s inten-
tion to carry out such audit, inspection, or evalua-
tion. 
‘‘(4) Information relating to the dates on 
which— 
‘‘(A) each such audit, inspection, or eval-
uation was initiated; 
‘‘(B) a draft report relating to each such 
audit, inspection, or evaluation is scheduled to 
be submitted to the Secretary for review; and 
‘‘(C) a final report relating to each such 
audit, inspection, or evaluation is scheduled to
3230 
be submitted to the appropriate congressional 
committees and published on the website of the 
Inspector General in accordance with para-
graphs (1) and (2), respectively, of subsection 
(a). 
‘‘(5) An explanation for— 
‘‘(A) any significant changes to the nar-
rative description of each such audit, inspection, 
or evaluation, including the identification of the 
subject office, component, or directorate of the 
Department; or 
‘‘(B) a delay of more than 30 days in the 
scheduled date for submitting to the Secretary 
a draft report for review or publishing on the 
website of the Inspector General of the Depart-
ment the final report relating to each such 
audit, inspection, or evaluation. 
‘‘(6) Data regarding tips and complaints made 
to the Inspector General Hotline of the Department 
or otherwise referred to the Department, including— 
‘‘(A) the number and type of tips and com-
plaints regarding fraud, waste, abuse, corrup-
tion, financial crimes, civil rights and civil lib-
erty abuse, or other complaints regarding crimi-
3231 
nal or non-criminal activity associated with 
fraud, waste, or abuse; 
‘‘(B) actions taken by the Department to 
address or resolve each substantiated tip or 
complaint; 
‘‘(C) the total amount of time it took the 
Department to so address or resolve each such 
substantiated tip or complaint; 
‘‘(D) the total number of tips and com-
plaints that are substantiated compared with 
the number of tips and complaints that are un-
substantiated; and 
‘‘(E) the percentage of audits, inspections, 
and evaluations that are initiated as a result of 
tips and complaints made to the Inspector Gen-
eral Hotline. 
‘‘(c) NOTIFICATION TO CONGRESS.—The Inspector 
General of the Department shall notify the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate if the head of an office or component 
of the Department does not provide in a timely manner 
to the Inspector General information or assistance that 
is requested by the Inspector General to conduct an audit, 
inspection, or evaluation.
3232 
‘‘(d) DEFINITION.—In this section, the term ‘appro-
priate congressional committees’ means the Committee on 
Homeland Security of the House of Representatives, the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate, and any committee of the House of 
Representatives or the Senate, respectively, having legisla-
tive or oversight jurisdiction under the Rules of the House 
of Representatives or the Senate, respectively, over the 
matter concerned.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by amending the item relating to section 811 to 
read as follows: 
‘‘Sec. 811. Office of Inspector General.’’. 
(c) REPORTS.— 
(1) INSPECTOR GENERAL OF DHS.—Not later 
than one year after the date of the enactment of this 
Act, the Inspector General of the Department of 
Homeland Security shall submit to the Committee 
on Homeland Security of the House of Representa-
tives, the Committee on Homeland Security and 
Governmental Affairs of the Senate, and the Comp-
troller General of the United States a report on the 
policies, procedures, and internal controls established 
that ensure compliance with the Quality Standards 
for Federal Offices of Inspector General from the
3233 
Council of Inspectors General on Integrity and Effi-
ciency. 
(2) COMPTROLLER GENERAL.—Not later than 
one year after receipt of the report required under 
paragraph (1), 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 Gov-
ernmental Affairs of the Senate an evaluation of 
such report. 
SEC. 6735. PRESIDENT’S CUP CYBERSECURITY COMPETI-
TION. 
(a) IN GENERAL.—The Director of the Cybersecurity 
and Infrastructure Security Agency (in this section re-
ferred to as the ‘‘Director’’) of the Department of Home-
land Security is authorized to hold an annual cybersecu-
rity competition to be known as the ‘‘Department of 
Homeland Security Cybersecurity and Infrastructure Se-
curity Agency’s President’s Cup Cybersecurity Competi-
tion’’ (in this section referred to as the ‘‘competition’’) for 
the purpose of identifying, challenging, and competitively 
awarding prizes, including cash prizes, to the United 
States Government’s best cybersecurity practitioners and 
teams across offensive and defensive cybersecurity dis-
ciplines.
3234 
(b) COMPETITION DESIGN.— 
(1) IN
GENERAL.—Notwithstanding section 
1342 of title 31, United States Code, the Director, 
in carrying out the competition, may consult with, 
and consider advice from, any person who has expe-
rience or expertise in the development, design, or 
execution of cybersecurity competitions. 
(2) LIMITATION.—The Federal Advisory Com-
mittee Act (5 U.S.C. App.) shall not apply to con-
sultations pursuant to this section. 
(3) PROHIBITION.—A person with whom the 
Director consults under paragraph (1) may not— 
(A) receive pay by reason of being so con-
sulted; or 
(B) be considered an employee of the Fed-
eral Government by reason of so consulting. 
(c) ELIGIBILITY.—To be eligible to participate in the 
competition, an individual shall be a Federal civilian em-
ployee or member of the uniformed services (as such term 
is defined in section 2101(3) of title 5, United States 
Code) and shall comply with any rules promulgated by the 
Director regarding the competition. 
(d) COMPETITION ADMINISTRATION.—The Director 
may enter into a grant, contract, cooperative agreement, 
or other agreement with a private sector for-profit or non-
3235 
profit entity or State or local government agency to ad-
minister the competition. 
(e) COMPETITION PARAMETERS.—Each competition 
shall incorporate the following elements: 
(1) Cybersecurity skills outlined in the National 
Initiative for Cybersecurity Education Framework, 
or any successor framework. 
(2) Individual and team events. 
(3) Categories demonstrating offensive and de-
fensive cyber operations, such as software reverse 
engineering and exploitation, network operations, 
forensics, big data analysis, cyber analysis, cyber de-
fense, cyber exploitation, secure programming, ob-
fuscated coding, or cyber-physical systems. 
(4) Any other elements related to paragraphs 
(1), (2), or (3) as determined necessary by the Di-
rector. 
(f) USE OF FUNDS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Director may use amounts 
made available to the Director for the competition 
for the following: 
(A) Advertising, marketing, and promoting 
the competition.
3236 
(B) Meals for participants and organizers 
of the competition if attendance at the meal 
during the competition is necessary to maintain 
the integrity of the competition. 
(C) Promotional items, including merchan-
dise and apparel. 
(D) Monetary and nonmonetary awards for 
competition participants, including members of 
the uniformed services. 
(E) Necessary expenses for the honorary 
recognition of competition participants, includ-
ing members of the uniformed services. 
(F) Any other appropriate activity nec-
essary to carry out the competition, as deter-
mined by the Director. 
(2) APPLICATION.—This subsection shall apply 
to amounts appropriated on or after the date of the 
enactment of this Act. 
(g) PRIZE LIMITATION.—The Director may make one 
or more awards per competition, except that the amount 
or value of each shall not exceed $10,000. The Secretary 
of Homeland Security may make one or more awards per 
competition, except the amount or the value of each shall 
not to exceed $25,000. A monetary award under this sec-
tion shall be in addition to the regular pay of the recipient.
3237 
(h) REPORTING REQUIREMENTS.—The Director shall 
annually provide to the Committee on Homeland Security 
of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate a report that includes the following: 
(1) A description of available funds under sub-
section (f) for each competition conducted in the 
preceding year. 
(2) A description of expenditures authorized in 
subsection (g) for each competition. 
(3) Information relating to the participation of 
each competition. 
(4) Information relating to lessons learned from 
each competition and how such lessons may be ap-
plied to improve cybersecurity operations and re-
cruitment of the Cybersecurity and Infrastructure 
Security Agency of the Department of Homeland Se-
curity. 
SEC. 6736. INDUSTRIAL CONTROL SYSTEMS CYBERSECU-
RITY TRAINING. 
(a) IN GENERAL.—Subtitle A of title XXII of the 
Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) 
is amended by adding at the end the following new section:
3238 
‘‘SEC. 2220E. INDUSTRIAL CONTROL SYSTEMS CYBERSECU-
RITY TRAINING INITIATIVE. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Industrial Control Sys-
tems Cybersecurity Training Initiative (in this sec-
tion referred to as the ‘Initiative’) is established 
within the Agency. 
‘‘(2) PURPOSE.—The purpose of the Initiative 
is to develop and strengthen the skills of the cyber-
security workforce related to securing industrial con-
trol systems. 
‘‘(b) REQUIREMENTS.—In carrying out the Initiative, 
the Director shall— 
‘‘(1) ensure the Initiative includes— 
‘‘(A) virtual and in-person trainings and 
courses provided at no cost to participants; 
‘‘(B) trainings and courses available at dif-
ferent skill levels, including introductory level 
courses; 
‘‘(C) trainings and courses that cover 
cyber defense strategies for industrial control 
systems, including an understanding of the 
unique cyber threats facing industrial control 
systems 
and 
the 
mitigation 
of 
security 
vulnerabilities in industrial control systems 
technology; and
3239 
‘‘(D) appropriate consideration regarding 
the availability of trainings and courses in dif-
ferent regions of the United States; and 
‘‘(2) engage in— 
‘‘(A) collaboration with the National Lab-
oratories of the Department of Energy in ac-
cordance with section 309; 
‘‘(B) consultation with Sector Risk Man-
agement Agencies; and 
‘‘(C) as appropriate, consultation with pri-
vate sector entities with relevant expertise, such 
as vendors of industrial control systems tech-
nologies. 
‘‘(c) REPORTS.— 
‘‘(1) IN GENERAL.—Not later than one year 
after the date of the enactment of this section and 
annually thereafter, the Director shall submit to the 
Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate a 
report on the Initiative. 
‘‘(2) CONTENTS.—Each report under para-
graph (1) shall include the following: 
‘‘(A) A description of the courses provided 
under the Initiative.
3240 
‘‘(B) A description of outreach efforts to 
raise awareness of the availability of such 
courses. 
‘‘(C) Information on the number and de-
mographics of participants in such courses, in-
cluding by gender, race, and place of residence. 
‘‘(D) Information on the participation in 
such courses of workers from each critical in-
frastructure sector. 
‘‘(E) Plans for expanding access to indus-
trial control systems education and training, in-
cluding expanding access to women and under-
represented populations, and expanding access 
to different regions of the United States. 
‘‘(F) 
Recommendations 
on 
how 
to 
strengthen the state of industrial control sys-
tems cybersecurity education and training.’’. 
(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 
2220D the following new item: 
‘‘Sec. 2220E. Industrial Control Systems Cybersecurity Training Initiative.’’.
3241 
SEC. 6737. TSA REACHING ACROSS NATIONALITIES, SOCI-
ETIES, AND LANGUAGES TO ADVANCE TRAV-
ELER EDUCATION. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Administrator of 
the Transportation Security Administration (TSA) shall 
submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a plan 
to ensure that TSA material disseminated in major air-
ports can be better understood by more people accessing 
such airports. 
(b) CONTENTS.—The plan required under subsection 
(a) shall include the following: 
(1) An identification of the most common lan-
guages other than English that are the primary lan-
guages of individuals that travel through or work in 
each major airport. 
(2) A plan to improve— 
(A) TSA materials to communicate infor-
mation in languages identified pursuant to 
paragraph (1); and 
(B) the communication of TSA material to 
individuals with vision or hearing impairments 
or other possible barriers to understanding such 
material.
3242 
(c) CONSIDERATIONS.—In developing the plan re-
quired under subsection (a), the Administrator of the 
TSA, acting through the Office of Civil Rights and Lib-
erties, Ombudsman, and Traveler Engagement of the 
TSA, shall take into consideration data regarding the fol-
lowing: 
(1) International enplanements. 
(2) Local populations surrounding major air-
ports. 
(3) Languages spoken by members of Indian 
Tribes within each service area population in which 
a major airport is located. 
(d) IMPLEMENTATION.—Not later than 180 days 
after the submission of the plan required under subsection 
(a), the Administrator of the TSA, in consultation with 
the owner or operator of each major airport, shall imple-
ment such plan. 
(e) GAO REVIEW.—Not later than one year after the 
implementation pursuant to subsection (d) of the plan re-
quired under subsection (a), the Comptroller General of 
the United States shall submit to the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate a review of such implementation. 
(f) DEFINITIONS.—In this section:
3243 
(1) AIRPORT.—The term ‘‘airport’’ has the 
meaning given such term in section 40102 of title 
49, United States Code. 
(2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
means an Indian Tribe, as such term is defined in 
section 102 of the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 5130), individ-
ually identified (including parenthetically) in the list 
published most recently as of the date of the enact-
ment of this Act pursuant to section 104 of that Act 
(25 U.S.C. 5131). 
(3) MAJOR AIRPORTS.—The term ‘‘major air-
ports’’ means Category X and Category I airports. 
(4) NON-TRAVELING
INDIVIDUAL.—The term 
‘‘non-traveling individual’’ has the meaning given 
such term in section 1560.3 of title 49, Code of Fed-
eral Regulations. 
(5) TSA MATERIAL.—The term ‘‘TSA mate-
rial’’ means signs, videos, audio messages, websites, 
press releases, social media postings, and other com-
munications published and disseminated by the Ad-
ministrator of the TSA in Category X and Category 
I airports for use by both traveling and non-trav-
eling individuals.
3244 
SEC. 6738. BEST PRACTICES RELATED TO CERTAIN INFOR-
MATION COLLECTED BY RENTAL COMPANIES 
AND DEALERS (DARREN DRAKE). 
(a) DEVELOPMENT AND DISSEMINATION.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall develop and dis-
seminate best practices for rental companies and 
dealers to report suspicious behavior to law enforce-
ment agencies at the point of sale of a covered rental 
vehicle. 
(2) CONSULTATION; UPDATES.—The Secretary 
shall develop and, as necessary, update the best 
practices described in paragraph (1) after consulta-
tion with Federal, State, local, and Tribal law en-
forcement agencies and relevant transportation secu-
rity stakeholders. 
(3) GUIDANCE ON SUSPICIOUS BEHAVIOR.—The 
Secretary shall include, in the best practices devel-
oped under paragraph (1), guidance on defining and 
identifying suspicious behavior in a manner that pro-
tects civil rights and civil liberties. 
(b) REPORT TO CONGRESS.—Not later than one year 
after the date of the enactment of this Act, the Secretary 
of Homeland Security shall submit to Congress a report
3245 
on the implementation of this section, including an assess-
ment of— 
(1) the impact of the best practices described in 
subsection (a) on efforts to protect the United 
States against terrorist attacks; and 
(2) ways to improve and expand cooperation 
and engagement between— 
(A) the Department of Homeland Security; 
(B) Federal, State, local, and Tribal law 
enforcement agencies; and 
(C) rental companies, dealers, and other 
relevant rental industry stakeholders. 
(c) DEFINITIONS.—In this section: 
(1) The terms ‘‘dealer’’ and ‘‘rental company’’ 
have the meanings given those terms in section 
30102 of title 49, United States Code. 
(2) The term ‘‘covered rental vehicle’’ means a 
motor vehicle that— 
(A) is rented without a driver for an initial 
term of less than 4 months; and 
(B) is part of a motor vehicle fleet of 35 
or more motor vehicles that are used for rental 
purposes by a rental company. 
SEC. 6739. ONE-STOP PILOT PROGRAM. 
(a) DEFINITIONS.—In this section:
3246 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Transpor-
tation Security Administration. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Homeland Security 
of the House of Representatives; and 
(B) the Committee on Homeland Security 
and Governmental Affairs and the Committee 
on Commerce, Science, and Transportation of 
the Senate. 
(3) TSA.—The term ‘‘TSA’’ means the Trans-
portation Security Administration of the Depart-
ment of Homeland Security. 
(b) ESTABLISHMENT.—Notwithstanding 44901(a) of 
title 49, United States Code, the Administrator, in coordi-
nation with the Commissioner of U.S. Customs and Bor-
der Protection, may establish a pilot program at not more 
than six foreign last point of departure airports to permit 
passengers and their accessible property arriving on direct 
flights or flight segments originating at such participating 
foreign airports to continue on additional flights or flight 
segments originating in the United States without addi-
tional security re-screening if—
3247 
(1) the initial screening was conducted in ac-
cordance with an aviation security screening agree-
ment described in subsection (e); 
(2) passengers arriving from participating for-
eign airports are unable to access their checked bag-
gage until the arrival at their final destination; and 
(3) upon arrival in the United States, pas-
sengers arriving from participating foreign airports 
do not come into contact with other arriving inter-
national passengers, those passengers’ property, or 
other persons who have not been screened or sub-
jected to other appropriate security controls required 
for entry into the airport’s sterile area. 
(c) REQUIREMENTS FOR PILOT PROGRAM.—In car-
rying out this section, the Administrator shall ensure that 
there is no reduction in the level of security or specific 
TSA aviation security standards or requirements for 
screening passengers and their property prior to boarding 
an international flight bound for the United States, in-
cluding specific aviation security standards and require-
ments regarding— 
(1) high risk passengers and their property; 
(2) weapons, explosives, and incendiaries; 
(3) screening passengers and property transfer-
ring at a foreign last point of departure airport from
3248 
another airport and bound for the United States, 
and addressing any commingling of such passengers 
and property with passengers and property screened 
under the pilot program described in subsection (b); 
and 
(4) insider risk at foreign last point of depar-
ture airports. 
(d) RE-SCREENING OF CHECKED BAGGAGE.—Sub-
ject to subsection (f), the Administrator may determine 
whether checked baggage arriving from participating for-
eign airports referenced in subsection (b) that screen 
using an explosives detection system must be re-screened 
in the United States by an explosives detection system be-
fore such baggage continues on any additional flight or 
flight segment. 
(e) AVIATION SECURITY SCREENING AGREEMENT.— 
An aviation security screening agreement described in this 
subsection is a treaty, executive agreement, or other inter-
national arrangement that— 
(1)(A) in the case of a treaty or executive 
agreement, is signed by the President; and 
(B) in the case of an international agreement, 
is signed by only the President, Secretary of Home-
land Security, or Administrator, without delegating 
such authority; and
3249 
(2) is entered into with a foreign country that 
delineates and implements security standards and 
protocols utilized at a foreign last point of departure 
airport that are determined by the Administrator— 
(A) to be comparable to those of the 
United States; and 
(B) sufficiently effective to enable pas-
sengers and their accessible property to deplane 
into sterile areas of airports in the United 
States without the need for re-screening. 
(f) RE-SCREENING REQUIREMENT.— 
(1) IN GENERAL.—If the Administrator deter-
mines that a foreign country participating in the 
aviation security screening agreement has not main-
tained and implemented security standards and pro-
tocols comparable to those of the United States at 
foreign last point of departure airports at which a 
pilot program has been established in accordance 
with this section, the Administrator shall ensure that 
passengers and their property arriving from such 
airports are re-screened in the United States, includ-
ing by using explosives detection systems in accord-
ance with section 44901(d)(1) of title 49, United 
States Code, and implementing regulations and di-
rectives, before such passengers and their property
3250 
are permitted into sterile areas of airports in the 
United States. 
(2) CONSULTATION.—If the Administrator has 
reasonable grounds to believe that the other party to 
an aviation security screening agreement has not 
complied with such agreement, the Administrator 
shall request immediate consultation with such 
party. 
(3) SUSPENSION OR TERMINATION OF AGREE-
MENT.—If a satisfactory resolution between TSA 
and a foreign country is not reached within 45 days 
after a consultation request under paragraph (2) or 
in the case of the foreign country’s continued or 
egregious failure to maintain the security standards 
and protocols described in paragraph (1), the Presi-
dent, Secretary of Homeland Security, or Adminis-
trator, as appropriate, shall suspend or terminate 
the aviation security screening agreement with such 
country, as determined appropriate by the President, 
Secretary of Homeland Security, or Administrator. 
The Administrator shall notify the appropriate con-
gressional committees of such consultation and sus-
pension or termination, as the case may be, not later 
than seven days after such consultation and suspen-
sion or termination.
3251 
(g) BRIEFINGS TO CONGRESS.—Not later than 45 
days before an aviation security screening agreement de-
scribed in subsection (e) enters into force, the Adminis-
trator shall submit to the appropriate congressional com-
mittees— 
(1) an aviation security threat assessment for 
the country in which such foreign last point of de-
parture airport is located; 
(2) information regarding any corresponding 
mitigation efforts to address any security issues 
identified in such threat assessment, including any 
plans for joint covert testing; 
(3) 
information 
on 
potential 
security 
vulnerabilities associated with commencing a pilot 
program at such foreign last point of departure air-
port pursuant to subsection (b) and mitigation plans 
to address such potential security vulnerabilities; 
(4) an assessment of the impacts such pilot pro-
gram will have on aviation security; 
(5) an assessment of the screening performed 
at such foreign last point of departure airport, in-
cluding the feasibility of TSA personnel monitoring 
screening, security protocols, and standards; 
(6) information regarding identifying the entity 
or entities responsible for screening passengers and
3252 
property at such foreign last point of departure air-
port; 
(7) the name of the entity or local authority 
and any contractor or subcontractor; 
(8) information regarding the screening require-
ments relating to such aviation security screening 
agreement; 
(9) details regarding information sharing mech-
anisms between the TSA and such foreign last point 
of departure airport, screening authority, or entity 
responsible for screening provided for under such 
aviation security screening agreement; and 
(10) a copy of the aviation security screening 
agreement, which shall identify the foreign last point 
of departure airport or airports at which a pilot pro-
gram under this section is to be established. 
(h) CERTIFICATIONS RELATING TO THE PILOT PRO-
GRAM FOR ONE-STOP SECURITY.—For each aviation secu-
rity screening agreement described in subsection (e), the 
Administrator shall submit to the appropriate congres-
sional committees— 
(1)(A) a certification that such agreement satis-
fies all of the requirements specified in subsection 
(c); or
3253 
(B) in the event that one or more of such re-
quirements are not so satisfied, a description of the 
unsatisfied requirement and information on what ac-
tions the Administrator will take to ensure that such 
remaining requirements are satisfied before such 
agreement enters into force; 
(2) a certification that TSA and U.S. Customs 
and Border Protection have ensured that any nec-
essary physical modifications or appropriate mitiga-
tions exist in the domestic one-stop security pilot 
program airport prior to receiving international pas-
sengers from a last point of departure airport under 
the aviation security screening agreement; 
(3) a certification that a foreign last point of 
departure airport covered by an aviation security 
screening agreement has an operation to screen all 
checked bags as required by law, regulation, or 
international agreement, including the full utilization 
of explosives detection systems to the extent applica-
ble; and 
(4) a certification that the Administrator con-
sulted with stakeholders, including air carriers, avia-
tion nonprofit labor organizations, airport operators, 
relevant interagency partners, and other stake-
3254 
holders that the Administrator determines appro-
priate. 
(i) REPORT TO CONGRESS.—Not later than five years 
after the date of the enactment of this Act, the Secretary 
of Homeland Security, in coordination with the Adminis-
trator, shall submit a report to the appropriate congres-
sional committees regarding the implementation of the 
pilot program authorized under this section, including in-
formation relating to— 
(1) the impact of such program on homeland 
security and international aviation security, includ-
ing any benefits and challenges of such program; 
(2) the impact of such program on passengers, 
airports, and air carriers, including any benefits and 
challenges of such program; and 
(3) the impact and feasibility of continuing 
such program or expanding it into a more perma-
nent program, including any benefits and challenges 
of such continuation or expansion. 
(j) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as limiting the authority of U.S. 
Customs and Border Protection to inspect persons and 
baggage arriving in the United States in accordance with 
applicable law.
3255 
(k) SUNSET.—The pilot program authorized under 
this section shall terminate on the date that is six years 
after the date of the enactment of this Act. 
SEC. 6740. DHS ILLICIT CROSS-BORDER TUNNEL DEFENSE. 
(a) COUNTER ILLICIT CROSS-BORDER TUNNEL OP-
ERATIONS STRATEGIC PLAN.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the 
Commissioner of U.S. Customs and Border Protec-
tion, in coordination with the Under Secretary for 
Science and Technology, and, as appropriate, other 
officials of the Department of Homeland Security, 
shall develop a counter illicit cross-border tunnel op-
erations strategic plan (in this section referred to as 
the ‘‘strategic plan’’) to address the following: 
(A) Risk-based criteria to be used to 
prioritize the identification, breach, assessment, 
and remediation of illicit cross-border tunnels. 
(B) Promote the use of innovative tech-
nologies to identify, breach, assess, and reme-
diate illicit cross-border tunnels in a manner 
that, among other considerations, reduces the 
impact of such activities on surrounding com-
munities.
3256 
(C) Processes to share relevant illicit cross- 
border tunnel location, operations, and technical 
information. 
(D) Indicators of specific types of illicit 
cross-border tunnels found in each U.S. Border 
Patrol sector identified through operations to be 
periodically disseminated to U.S. Border Patrol 
sector chiefs to educate field personnel. 
(E) A counter illicit cross-border tunnel 
operations resource needs assessment that in-
cludes consideration of the following: 
(i) Technology needs. 
(ii) Staffing needs, including the fol-
lowing: 
(I) A position description for 
counter illicit cross-border tunnel op-
erations personnel. 
(II) Any specialized skills re-
quired of such personnel. 
(III) The number of such full 
time personnel, disaggregated by U.S. 
Border Patrol sector. 
(2) REPORT
TO
CONGRESS
ON
STRATEGIC 
PLAN.—Not later than one year after the develop-
ment of the strategic plan, the Commissioner of U.S.
3257 
Customs and Border Protection shall submit to the 
Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate a 
report on the implementation of the strategic plan. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Commissioner of U.S. 
Customs and Border Protection $1,000,000 for each of 
fiscal years 2023 and 2024 to carry out— 
(1) the development of the strategic plan; and 
(2) remediation operations of illicit cross-border 
tunnels in accordance with the strategic plan to the 
maximum extent practicable. 
SEC. 6741. PREVENT EXPOSURE TO NARCOTICS AND 
TOXICS. 
(a) TRAINING FOR U.S. CUSTOMS AND BORDER PRO-
TECTION PERSONNEL ON THE USE OF CONTAINMENT 
DEVICES
TO
PREVENT
SECONDARY
EXPOSURE
TO 
FENTANYL
AND OTHER POTENTIALLY LETHAL SUB-
STANCES.—Paragraph (1) of section 416(b) of the Home-
land Security Act of 2002 (6 U.S.C. 216(b)) is amended 
by adding at the end the following new subparagraph: 
‘‘(C) How to use containment devices to 
prevent secondary exposure to fentanyl and 
other potentially lethal substances.’’.
3258 
(b) AVAILABILITY OF CONTAINMENT DEVICES.—Sec-
tion 416(c) of the Homeland Security Act of 2002 (6 
U.S.C. 216(c)) is amended— 
(1) by striking ‘‘and’’ after ‘‘equipment’’ and 
inserting a comma; and 
(2) by inserting ‘‘and containment devices’’ 
after ‘‘naloxone,’’. 
Subtitle D—Technical, Conforming, 
and Clerical Amendments 
SEC. 6751. TECHNICAL, CONFORMING, AND CLERICAL 
AMENDMENTS. 
The table of contents in section 1(b) of the Homeland 
Security Act of 2002 is amended by— 
(1) amending the items relating to sections 435 
and 436 to read as follows: 
‘‘Sec. 435. Maritime operations coordination plan. 
‘‘Sec. 436. Maritime security capabilities assessments.’’; 
(2) amending the item relating to section 1617 
to read as follows: 
‘‘Sec. 1617. Diversified security technology industry marketplace.’’; 
(3) amending the item relating to section 1621 
to read as follows: 
‘‘Sec. 1621. Maintenance validation and oversight.’’; and 
(4) amending the item relating to section 2103 
to read as follows: 
‘‘Sec. 2103. Protection and sharing of information.’’.
3259 
TITLE LXVIII—FEDERAL EMER-
GENCY 
MANAGEMENT 
AD-
VANCEMENT OF EQUITY 
SEC. 6801. DEFINITIONS. 
In this title: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal 
Emergency Management Agency. 
(2) AGENCY.—The term ‘‘Agency’’ means the 
Federal Emergency Management Agency. 
(3) 
EMERGENCY.—The 
term 
‘‘emergency’’ 
means an emergency declared by the President 
under section 501 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 
5191). 
(4) EQUITY.—The term ‘‘equity’’ means the 
guarantee of fair treatment, advancement, equal op-
portunity, and access for underserved communities 
and others, the elimination of barriers that have pre-
vented full participation for underserved commu-
nities, and the reduction of disparate outcomes. 
(5) EQUITABLE.—The term ‘‘equitable’’ means 
having or exhibiting equity. 
(6) FEDERAL ASSISTANCE.—The term ‘‘Federal 
assistance’’ means assistance provided pursuant to—
3260 
(A) a declaration of a major disaster or 
emergency under the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act; 
(B) sections 203 and 205 of the Robert T. 
Stafford Disaster Relief and Emergency Assist-
ance Act; and 
(C) section 1366 of the National Flood In-
surance Act of 1968 (42 U.S.C. 4104c). 
(7) MAJOR DISASTER.—The term ‘‘major dis-
aster’’ means a major disaster declared by the Presi-
dent under section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170). 
(8) UNDERSERVED
COMMUNITY.—The term 
‘‘underserved community’’ means— 
(A) the Native-American and Alaskan-Na-
tive community; 
(B) the African-American community; 
(C) the Asian community; 
(D) the Hispanic community (including in-
dividuals of Mexican, Puerto Rican, Cuban, and 
Central or South American origin); 
(E) the Pacific Islander community; 
(F) the Middle Eastern and North African 
community;
3261 
(G) a rural community; 
(H) a low-income community; 
(I) individuals with disabilities; 
(J) a limited English proficiency commu-
nity; 
(K) other individuals or communities oth-
erwise adversely affected by persistent poverty 
or inequality; and 
(L) any other disadvantaged community, 
as determined by the Administrator. 
Subtitle A—Ensuring Equity in 
Federal Disaster Management 
SEC. 6811. DATA COLLECTION, ANALYSIS, AND CRITERIA. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this Act, the Administrator shall, in 
consultation with the Secretary of Housing and Urban De-
velopment and the Administrator of the Small Business 
Administration, develop and implement a process to en-
sure equity in the provision of Federal assistance and 
throughout all programs and policies of the Agency. 
(b) SPECIFIC AREAS FOR CONSULTATION.—In car-
rying out subsection (a), the Administrator shall identify 
requirements for ensuring the quality, consistency, acces-
sibility, and availability of information needed to identify
3262 
programs and policies of the Agency that may not support 
the provision of equitable Federal assistance, including— 
(1) information requirements; 
(2) data sources and collection methods; and 
(3) strategies for overcoming data or other in-
formation challenges. 
(c) MODIFICATION
OF
DATA
COLLECTION
SYS-
TEMS.—The Administrator shall modify the data collec-
tion systems of the Agency based on the process developed 
under subsection (a) to ensure the quality, consistency, ac-
cessibility, and availability of information needed to iden-
tify any programs and policies of the Agency that may 
not support the provision of equitable Federal assistance. 
SEC. 6812. CRITERIA FOR ENSURING EQUITY IN POLICIES 
AND PROGRAMS. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this Act, the Administrator shall de-
velop, disseminate, and update, as appropriate, criteria to 
apply to policies and programs of the Agency to ensure 
equity in the provision of Federal assistance and through-
out all programs and policies of the Agency. 
(b) CONSULTATION.—In developing and dissemi-
nating the criteria required under subsection (a), the Ad-
ministrator shall consult with—
3263 
(1) the Office for Civil Rights and Civil Lib-
erties of the Department of Homeland Security; 
(2) the United States Department of Housing 
and Urban Development; and 
(3) the Small Business Administration. 
(c) INTEGRATION OF CRITERIA.— 
(1) IN GENERAL.—The Administrator shall, to 
the maximum extent possible, integrate the criteria 
developed under subsection (a) into existing and fu-
ture processes related to the provision of Federal as-
sistance. 
(2) 
PRIORITY.—The 
Administrator 
shall 
prioritize integrating the criteria under paragraph 
(1) into processes related to the provision of— 
(A) assistance under sections 402, 403, 
406, 407, 428, and 502 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170a et seq.); 
(B) Federal assistance to individuals and 
households under section 408 of such Act (42 
U.S.C. 5174); 
(C) hazard mitigation assistance under 
section 404 of such Act (42 U.S.C. 5170c); and
3264 
(D) predisaster hazard mitigation assist-
ance under section 203 of such Act (42 U.S.C. 
5133). 
SEC. 6813. METRICS; REPORT. 
(a) METRICS.—In carrying out this subtitle, the Ad-
ministrator shall— 
(1) establish metrics to measure the efficacy of 
the process developed under section 6811 and the 
criteria developed under section 6812; and 
(2) seek input from relevant representatives of 
State, regional, local, territorial, and Tribal govern-
ments, representatives of community-based organiza-
tions, subject matter experts, and individuals from 
underserved communities impacted by disasters. 
(b) REPORT.—Not later than one year after the dis-
semination of the criteria under section 6812(a), and an-
nually thereafter, the Administrator shall submit to Con-
gress a report describing how the criteria and processes 
developed under this subtitle have impacted efforts to en-
sure equity in the provision of Federal assistance and 
throughout all programs and policies of the Agency, in-
cluding— 
(1) any obstacles identified or areas for im-
provement with respect to implementation of such
3265 
criteria and processes, including any recommended 
legislative changes; 
(2) the effectiveness of such criteria and proc-
esses, as measured by the metrics established under 
subsection (a); and 
(3) any impacts of such criteria and processes 
on the provision of Federal assistance, with specific 
attention to impacts related to efforts within the 
Agency to address barriers to access and reducing 
disparate outcomes. 
Subtitle B—Operational Enhance-
ment to Improve Equity in Fed-
eral Disaster Management 
SEC. 6821. EQUITY ADVISOR. 
(a) IN GENERAL.—The Administrator shall designate 
a senior official within the Agency as an equity advisor 
to the Administrator to be responsible for advising the Ad-
ministrator on Agency efforts to ensure equity in the pro-
vision of Federal assistance and throughout all programs 
and policies of the Agency. 
(b) QUALIFICATIONS.—In designating an equity advi-
sor under subsection (a), the Administrator shall select an 
individual who is a qualified expert with significant experi-
ence with respect to equity policy, civil rights policy, or 
programmatic reforms.
3266 
(c) DUTIES.—In addition to advising the Adminis-
trator, the equity advisor designated under subsection (a) 
shall— 
(1) participate in the implementation of sec-
tions 6811 and 6812; 
(2) monitor equity the implementation of equity 
efforts within the Agency and within Federal Emer-
gency Management Agency Regions to ensure con-
sistency in the implementation of policy or pro-
grammatic changes intended to ensure equity in the 
provision of Federal assistance and throughout all 
programs and policies of the Agency; 
(3) identify ways to improve the policies and 
programs of the Agency to ensure that such policies 
and programs are equitable, including enhancing op-
portunities to support underserved populations in 
preparedness, mitigation, protection, response, and 
recovery; and 
(4) any other activities the Administrator con-
siders appropriate. 
(d) CONSULTATION.—In carrying out the duties 
under this section, the equity advisor shall, on an ongoing 
basis, consult with representatives of underserved commu-
nities, including communities directly impacted by disas-
ters, to evaluate opportunities and develop approaches to
3267 
advancing equity within the Agency, including by increas-
ing coordination, communication, and engagement with— 
(1) community-based organizations; 
(2) civil rights organizations; 
(3) institutions of higher education; 
(4) research institutions; 
(5) academic organizations specializing in diver-
sity, equity, and inclusion issues; and 
(6) religious and faith-based organizations. 
SEC. 6822. EQUITY ENTERPRISE STEERING GROUP. 
(a) ESTABLISHMENT.—There is established in the 
Agency a steering group to advise the Administrator on 
how to ensure equity in the provision of Federal assistance 
and throughout all programs and policies of the Agency. 
(b) RESPONSIBILITIES.—In carrying out subsection 
(a), the steering group established under this section 
shall— 
(1) review and, as appropriate, recommend 
changes to Agency-wide policies, procedures, plans, 
and guidance; 
(2) support the development and implementa-
tion of the processes and criteria developed under 
subtitle A; and 
(3) monitor the integration and establishment 
of metrics developed under section 6813.
3268 
(c) COMPOSITION.—The Administrator shall appoint 
the following individuals as members of the steering group 
established under subsection (a): 
(1) Representatives from each of the following 
offices of the Agency: 
(A) The Office of Equal Rights. 
(B) The Office of Response and Recovery. 
(C) FEMA Resilience. 
(D) The Office of Disability Integration 
and Coordination. 
(E) The United States Fire Administra-
tion. 
(F) The mission support office of the 
Agency. 
(G) The Office of Chief Counsel. 
(H) The Office of the Chief Financial Offi-
cer. 
(I) The Office of Policy and Program 
Analysis. 
(J) The Office of External Affairs. 
(2) The administrator of each Regional Office, 
or his or her designee. 
(3) The equity advisor, as designated by the 
Administrator under section 6821.
3269 
(4) A representative from the Office for Civil 
Rights and Civil Liberties of the Department of 
Homeland Security. 
(5) The Superintendent of the Emergency Man-
agement Institute. 
(6) The National Tribal Affairs Advisor of the 
Federal Emergency Management Agency. 
(7) Any other official of the Agency the Admin-
istrator determines appropriate. 
(d) LEADERSHIP.—The Administrator shall des-
ignate one or more members of the steering group estab-
lished under subsection (a) to serve as chair of the steering 
group. 
SEC. 6823. GAO REVIEW OF EQUITY REFORMS. 
Not later than three years after the date of enact-
ment of this Act, the Comptroller General of the United 
States shall issue a report to evaluate the implementation 
of this subtitle and subtitle A. 
Subtitle C—GAO Review of Factors 
to Determine Assistance 
SEC. 6831. GAO REVIEW OF FACTORS TO DETERMINE AS-
SISTANCE. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this Act, the Comptroller General 
of the United States shall issue a report describing the
3270 
factors the Agency considers when evaluating a request 
from a Governor to declare that a major disaster or emer-
gency exists and to authorize assistance under sections 
402, 403, 406, 407, 408, 428, and 502 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170a et seq.). 
(b) CONTENTS.—The report issued under subsection 
(a) shall include— 
(1) an assessment of— 
(A) the degree to which the factors the 
Agency considers when evaluating a request for 
a major disaster or emergency declaration— 
(i) affect equity for underserved com-
munities, particularly with respect to 
major disaster and emergency declaration 
requests, approvals of such requests, and 
the authorization of assistance described in 
subsection (a); and 
(ii) are designed to deliver equitable 
outcomes; 
(B) how the Agency utilizes such factors or 
monitors whether such factors result in equi-
table outcomes; 
(C) the extent to which major disaster and 
emergency declaration requests, approvals of
3271 
such requests, and the authorization of assist-
ance described in subsection (a), are more high-
ly correlated with high-income counties com-
pared to lower-income counties; 
(D) whether the process and administra-
tive steps for conducting preliminary damage 
assessments are equitable; and 
(E) to the extent practicable, whether such 
factors may deter a Governor from seeking a 
major disaster or emergency declaration for po-
tentially eligible counties; and 
(2) a consideration of the extent to which such 
factors affect underserved communities— 
(A) of varying size; 
(B) with varying population density and 
demographic characteristics; 
(C) with limited emergency management 
staff and resources; and 
(D) located in urban or rural areas. 
(c) RECOMMENDATIONS.—The Comptroller General 
shall include in the report issued under subsection (a) any 
recommendations for changes to the factors the Agency 
considers when evaluating a request for a major disaster 
or emergency declaration to account for underserved com-
munities.
3272 
TITLE LXIX—GLOBAL HEALTH 
SECURITY ACT OF 2022 
SEC. 6901. SHORT TITLE. 
This title may be cited as the ‘‘Global Health Security 
Act of 2022’’. 
SEC. 6902. FINDINGS. 
Congress finds the following: 
(1) In December 2009, President Obama re-
leased the National Strategy for Countering Biologi-
cal Threats, which listed as one of seven objectives 
‘‘Promote global health security: Increase the avail-
ability of and access to knowledge and products of 
the life sciences that can help reduce the impact 
from outbreaks of infectious disease whether of nat-
ural, accidental, or deliberate origin’’. 
(2) In February 2014, the United States and 
nearly 30 other nations launched the Global Health 
Security Agenda (GHSA) to address several high- 
priority, global infectious disease threats. The 
GHSA is a multi-faceted, multi-country initiative in-
tended to accelerate partner countries’ measurable 
capabilities to achieve specific targets to prevent, de-
tect, and respond to infectious disease threats, 
whether naturally occurring, deliberate, or acci-
dental.
3273 
(3) In 2015, the United Nations adopted the 
Sustainable Development Goals (SDGs), which in-
clude specific reference to the importance of global 
health security as part of SDG 3 ‘‘ensure healthy 
lives and promote well-being for all at all ages’’ as 
follows: ‘‘strengthen the capacity of all countries, in 
particular developing countries, for early warning, 
risk reduction and management of national and 
global health risks’’. 
(4) On November 4, 2016, President Obama 
signed Executive Order No. 13747, ‘‘Advancing the 
Global Health Security Agenda to Achieve a World 
Safe and Secure from Infectious Disease Threats’’. 
(5) In October 2017 at the GHSA Ministerial 
Meeting in Uganda, the United States and more 
than 40 GHSA member countries supported the 
‘‘Kampala Declaration’’ to extend the GHSA for an 
additional 5 years to 2024. 
(6) In December 2017, President Trump re-
leased the National Security Strategy, which in-
cludes the priority action: ‘‘Detect and contain bio-
threats at their source: We will work with other 
countries to detect and mitigate outbreaks early to 
prevent the spread of disease. We will encourage 
other countries to invest in basic health care systems
3274 
and to strengthen global health security across the 
intersection of human and animal health to prevent 
infectious disease outbreaks’’. 
(7) In September 2018, President Trump re-
leased the National Biodefense Strategy, which in-
cludes objectives to ‘‘strengthen global health secu-
rity capacities to prevent local bioincidents from be-
coming epidemics’’, and ‘‘strengthen international 
preparedness to support international response and 
recovery capabilities’’. 
(8) In January 2021, President Biden issued 
Executive Order 13987 (86 Fed. Reg. 7019; relating 
to Organizing and Mobilizing the United States Gov-
ernment to Provide a Unified and Effective Re-
sponse to Combat COVID–19 and to Provide United 
States Leadership on Global Health and Security), 
as well as National Security Memorandum on 
United States Global Leadership to Strengthen the 
International COVID–19 Response and to Advance 
Global Health Security and Biological Preparedness, 
which include objectives to strengthen and reform 
the World Health Organization, increase United 
States leadership in the global response to COVID– 
19, and to finance and advance global health secu-
rity and pandemic preparedness.
3275 
SEC. 6903. STATEMENT OF POLICY. 
It is the policy of the United States to— 
(1) promote and invest in global health security 
and pandemic preparedness as a core national secu-
rity interest; 
(2) advance the aims of the Global Health Se-
curity Agenda; 
(3) collaborate with other countries to detect 
and mitigate outbreaks early to prevent the spread 
of disease; 
(4) encourage and support other countries to 
advance pandemic preparedness by investing in basic 
resilient and sustainable health care systems; and 
(5) strengthen global health security across the 
intersection of human and animal health to prepare 
for and prevent infectious disease outbreaks and 
combat the growing threat of antimicrobial resist-
ance. 
SEC. 6904. GLOBAL HEALTH SECURITY AGENDA INTER-
AGENCY REVIEW COUNCIL. 
(a) ESTABLISHMENT.—The President shall establish 
a Global Health Security Agenda Interagency Review 
Council (in this section referred to as the ‘‘Council’’) to 
perform the general responsibilities described in sub-
section (c) and the specific roles and responsibilities de-
scribed in subsection (e).
3276 
(b) MEETINGS.—The Council shall meet not less than 
four times per year to advance its mission and fulfill its 
responsibilities. 
(c) GENERAL RESPONSIBILITIES.—The Council shall 
be responsible for the following activities: 
(1) Provide policy-level recommendations to 
participating agencies on Global Health Security 
Agenda (GHSA) goals, objectives, and implementa-
tion, and other international efforts to strengthen 
pandemic preparedness and response. 
(2) Facilitate interagency, multi-sectoral en-
gagement to carry out GHSA implementation. 
(3) Provide a forum for raising and working to 
resolve interagency disagreements concerning the 
GHSA, and other international efforts to strengthen 
pandemic preparedness and response. 
(4)(A) Review the progress toward and work to 
resolve challenges in achieving United States com-
mitments under the GHSA, including commitments 
to assist other countries in achieving the GHSA tar-
gets. 
(B) The Council shall consider, among other 
issues, the following: 
(i) The status of United States financial 
commitments to the GHSA in the context of
3277 
commitments by other donors, and the con-
tributions of partner countries to achieve the 
GHSA targets. 
(ii) The progress toward the milestones 
outlined in GHSA national plans for those 
countries where the United States Government 
has committed to assist in implementing the 
GHSA and in annual work-plans outlining 
agency priorities for implementing the GHSA. 
(iii) The external evaluations of United 
States and partner country capabilities to ad-
dress infectious disease threats, including the 
ability to achieve the targets outlined within the 
WHO Joint External Evaluation tool, as well as 
gaps identified by such external evaluations. 
(d) PARTICIPATION.—The Council shall be headed by 
the Assistant to the President for National Security Af-
fairs, in coordination with the heads of relevant Federal 
agencies. The Council shall consist of representatives from 
the following agencies: 
(1) The Department of State. 
(2) The Department of Defense. 
(3) The Department of Justice. 
(4) The Department of Agriculture.
3278 
(5) The Department of Health and Human 
Services. 
(6) The Department of the Treasury. 
(7) The Department of Labor. 
(8) The Department of Homeland Security. 
(9) The Office of Management and Budget. 
(10) The Office of the Director of National In-
telligence. 
(11) The United States Agency for Inter-
national Development. 
(12) The Environmental Protection Agency. 
(13) The Centers for Disease Control and Pre-
vention. 
(14) The Office of Science and Technology Pol-
icy. 
(15) The National Institutes of Health. 
(16) The National Institute of Allergy and In-
fectious Diseases. 
(17) Such other agencies as the Council deter-
mines to be appropriate. 
(e) SPECIFIC ROLES AND RESPONSIBILITIES.— 
(1) IN GENERAL.—The heads of agencies de-
scribed in subsection (d) shall— 
(A) make the GHSA and its implementa-
tion and global pandemic preparedness a high
3279 
priority within their respective agencies, and in-
clude GHSA- and global pandemic prepared-
ness-related activities within their respective 
agencies’ strategic planning and budget proc-
esses; 
(B) designate a senior-level official to be 
responsible for the implementation of this title; 
(C) designate, in accordance with sub-
section (d), an appropriate representative at the 
Assistant Secretary level or higher to partici-
pate on the Council; 
(D) keep the Council apprised of GHSA- 
related activities undertaken within their re-
spective agencies; 
(E) maintain responsibility for agency-re-
lated programmatic functions in coordination 
with host governments, country teams, and 
GHSA in-country teams, and in conjunction 
with other relevant agencies; 
(F) coordinate with other agencies that are 
identified in this section to satisfy pro-
grammatic goals, and further facilitate coordi-
nation of country teams, implementers, and do-
nors in host countries; and
3280 
(G) coordinate across national health secu-
rity action plans and with GHSA and other 
partners, as appropriate, to which the United 
States is providing assistance. 
(2) ADDITIONAL
ROLES
AND
RESPONSIBIL-
ITIES.—In addition to the roles and responsibilities 
described in paragraph (1), the heads of agencies de-
scribed in subsection (d) shall carry out their respec-
tive roles and responsibilities described in sub-
sections (b) through (i) of section 3 of Executive 
Order 13747 (81 Fed. Reg. 78701; relating to Ad-
vancing the Global Health Security Agenda to 
Achieve a World Safe and Secure from Infectious 
Disease Threats), as in effect on the day before the 
date of the enactment of this Act. 
SEC. 6905. UNITED STATES COORDINATOR FOR GLOBAL 
HEALTH SECURITY. 
(a) IN GENERAL.—The President shall appoint an in-
dividual to the position of United States Coordinator for 
Global Health Security, who shall be responsible for the 
coordination of the interagency process for responding to 
global health security emergencies. As appropriate, the 
designee shall coordinate with the President’s Special Co-
ordinator for International Disaster Assistance.
3281 
(b) CONGRESSIONAL BRIEFING.—Not less frequently 
than twice each year, the employee designated under this 
section shall provide to the appropriate congressional com-
mittees a briefing on the responsibilities and activities of 
the individual under this section. 
SEC. 6906. SENSE OF CONGRESS. 
It is the sense of the Congress that, given the complex 
and multisectoral nature of global health threats to the 
United States, the President— 
(1) should consider appointing an individual 
with significant background and expertise in public 
health or emergency response management to the 
position of United States Coordinator for Global 
Health Security, as required by section 6905(a), who 
is an employee of the National Security Council at 
the level of Deputy Assistant to the President or 
higher; and 
(2) in providing assistance to implement the 
strategy required under section 6907(a), should— 
(A) coordinate, through a whole-of-govern-
ment approach, the efforts of relevant Federal 
departments and agencies to implement the 
strategy; 
(B) seek to fully utilize the unique capa-
bilities of each relevant Federal department and
3282 
agency while collaborating with and leveraging 
the contributions of other key stakeholders; and 
(C) utilize open and streamlined solicita-
tions to allow for the participation of a wide 
range of implementing partners through the 
most appropriate procurement mechanisms, 
which may include grants, contracts, coopera-
tive agreements, and other instruments as nec-
essary and appropriate. 
SEC. 6907. STRATEGY AND REPORTS. 
(a) STRATEGY.—The President shall coordinate the 
development and implementation of a strategy to imple-
ment the policy aims described in section 6903, which 
shall— 
(1) seek to strengthen United States diplomatic 
leadership and improve the effectiveness of United 
States foreign assistance for global health security to 
prevent, detect, and respond to infectious disease 
threats, including through advancement of the Glob-
al Health Security Agenda (GHSA), the Inter-
national Health Regulations (2005), and other rel-
evant frameworks that contribute to global health 
security and pandemic preparedness; 
(2) establish specific and measurable goals, 
benchmarks, timetables, performance metrics, and
3283 
monitoring and evaluation plans for United States 
foreign assistance for global health security that pro-
mote learning and reflect international best practices 
relating to global health security, transparency, and 
accountability; 
(3) establish mechanisms to improve coordina-
tion and avoid duplication of effort between the 
United States Government and partner countries, 
donor countries, the private sector, multilateral orga-
nizations, and other key stakeholders; 
(4) prioritize working with partner countries 
with demonstrated— 
(A) need, as identified through the Joint 
External Evaluation process, the Global Health 
Security Index classification of health systems, 
national action plans for health security, GHSA 
Action Packages, and other complementary or 
successor indicators of global health security 
and pandemic preparedness; and 
(B) commitment to transparency, including 
budget and global health data transparency, 
complying with the International Health Regu-
lations (2005), investing in domestic health sys-
tems, and achieving measurable results;
3284 
(5) reduce long-term reliance upon United 
States foreign assistance for global health security 
by promoting partner country ownership, improved 
domestic resource mobilization, co-financing, and ap-
propriate national budget allocations for global 
health security and pandemic preparedness and re-
sponse; 
(6) assist partner countries in building the tech-
nical capacity of relevant ministries, systems, and 
networks to prepare, execute, monitor, and evaluate 
effective national action plans for health security, in-
cluding mechanisms to enhance budget and global 
health data transparency, as necessary and appro-
priate; 
(7) support and be aligned with country-owned 
global health security policy and investment plans 
developed with input from key stakeholders, as ap-
propriate; 
(8) facilitate communication and collaboration, 
as appropriate, among local stakeholders in support 
of a multi-sectoral approach to global health secu-
rity; 
(9) support the long-term success of programs 
by building the capacity of local organizations and 
institutions in target countries and communities;
3285 
(10) develop community resilience to infectious 
disease threats and emergencies; 
(11) support global health budget and work-
force planning in partner countries, including train-
ing in financial management and budget and global 
health data transparency; 
(12) align United States foreign assistance for 
global health security with national action plans for 
health security in partner countries, developed with 
input from key stakeholders, including the private 
sector, to the greatest extent practicable and appro-
priate; 
(13) strengthen linkages between complemen-
tary bilateral and multilateral foreign assistance pro-
grams, including efforts of the World Bank, the 
World Health Organization, the Global Fund to 
Fight AIDS, Tuberculosis, and Malaria, and Gavi, 
the Vaccine Alliance, that contribute to the develop-
ment of more resilient health systems and supply 
chains in partner countries with the capacity, re-
sources, and personnel required to prevent, detect, 
and respond to infectious disease threats; 
(14) support innovation and public-private part-
nerships to improve pandemic preparedness and re-
sponse, including for the development and deploy-
3286 
ment of effective, accessible, and affordable infec-
tious disease tracking tools, diagnostics, thera-
peutics, and vaccines; 
(15) support collaboration with and among rel-
evant public and private research entities engaged in 
global health security; and 
(16) support collaboration between United 
States universities and public and private institu-
tions in partner countries that promote global health 
security and innovation. 
(b) STRATEGY SUBMISSION.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the 
President, in consultation with the head of each rel-
evant Federal department and agency, shall submit 
to the appropriate congressional committees the 
strategy required under subsection (a) that provides 
a detailed description of how the United States in-
tends to advance the policy set forth in section 6903 
and the agency-specific plans described in paragraph 
(2). 
(2) AGENCY-SPECIFIC PLANS.—The strategy re-
quired under subsection (a) shall include specific im-
plementation plans from each relevant Federal de-
partment and agency that describe—
3287 
(A) the anticipated contributions of the de-
partment or agency, including technical, finan-
cial, and in-kind contributions, to implement 
the strategy; and 
(B) the efforts of the department or agen-
cy to ensure that the activities and programs 
carried out pursuant to the strategy are de-
signed to achieve maximum impact and long- 
term sustainability. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date on which the strategy required under sub-
section (a) is submitted to the appropriate congres-
sional committees under subsection (b), and not 
later than October 1 of each year thereafter, the 
President shall submit to the appropriate congres-
sional committees a report that describes the status 
of the implementation of the strategy. 
(2) CONTENTS.—The report required under 
paragraph (1) shall— 
(A) identify any substantial changes made 
in the strategy during the preceding calendar 
year; 
(B) describe the progress made in imple-
menting the strategy;
3288 
(C) identify the indicators used to establish 
benchmarks and measure results over time, as 
well as the mechanisms for reporting such re-
sults in an open and transparent manner; 
(D) contain a transparent, open, and de-
tailed accounting of expenditures by relevant 
Federal departments and agencies to implement 
the strategy, including, to the extent prac-
ticable, for each Federal department and agen-
cy, the statutory source of expenditures, 
amounts expended, partners, targeted popu-
lations, and types of activities supported; 
(E) describe how the strategy leverages 
other United States global health and develop-
ment assistance programs and bilateral and 
multilateral institutions; 
(F) assess efforts to coordinate United 
States global health security programs, activi-
ties, and initiatives with key stakeholders; 
(G) incorporate a plan for regularly review-
ing and updating strategies, partnerships, and 
programs and sharing lessons learned with a 
wide range of stakeholders, including key stake-
holders, in an open, transparent manner; and
3289 
(H) describe the progress achieved and 
challenges concerning the United States Gov-
ernment’s ability to advance GHSA and pan-
demic 
preparedness, 
including 
data 
disaggregated by priority country using indica-
tors that are consistent on a year-to-year basis 
and recommendations to resolve, mitigate, or 
otherwise address the challenges identified 
therein. 
(d) FORM.—The strategy required under subsection 
(a) and the report required under subsection (c) shall be 
submitted in unclassified form but may contain a classi-
fied annex. 
SEC. 6908. ESTABLISHMENT OF FUND FOR GLOBAL HEALTH 
SECURITY AND PANDEMIC PREPAREDNESS. 
(a) NEGOTIATIONS FOR ESTABLISHMENT OF A FUND 
FOR GLOBAL HEALTH SECURITY AND PANDEMIC PRE-
PAREDNESS.—The Secretary of State, in coordination 
with the Secretary of the Treasury, the Administrator of 
the United States Agency for International Development, 
the Secretary of Health and Human Services, and the 
heads of other relevant Federal departments and agencies 
as necessary and appropriate, should seek to enter into 
negotiations with donors, relevant United Nations agen-
3290 
cies, including the World Health Organization, and other 
key multilateral stakeholders, for the establishment of— 
(1) a multilateral, catalytic financing mecha-
nism for global health security and pandemic pre-
paredness, which may be known as the Fund for 
Global Health Security and Pandemic Preparedness 
(in this title referred to as ‘‘the Fund’’), in accord-
ance with the provisions of this section; and 
(2) an Advisory Board to the Fund in accord-
ance with section 6909. 
(b) PURPOSE.—The purpose of the Fund should be 
to close critical gaps in global health security and pan-
demic preparedness and build capacity in eligible partner 
countries in the areas of global health security, infectious 
disease control, and pandemic preparedness, such that 
it— 
(1) prioritizes capacity building and financing 
availability in eligible partner countries; 
(2) incentivizes countries to prioritize the use of 
domestic resources for global health security and 
pandemic preparedness; 
(3) leverages government, nongovernment, and 
private sector investments; 
(4) regularly responds to and evaluates progress 
based on clear metrics and benchmarks, such as the
3291 
Joint External Evaluation and Global Health Secu-
rity Index; 
(5) aligns with and complements ongoing bilat-
eral and multilateral efforts and financing, including 
through the World Bank, the World Health Organi-
zation, the Global Fund to Fight AIDS, Tuber-
culosis, and Malaria, and Gavi, the Vaccine Alliance; 
and 
(6) accelerates country compliance with the 
International Health Regulations (2005) and fulfill-
ment of the Global Health Security Agenda 2024 
Framework, in coordination with the ongoing Joint 
External Evaluation national action planning proc-
ess. 
(c) EXECUTIVE BOARD.— 
(1) IN GENERAL.—The Fund should be gov-
erned by an Executive Board, which should be com-
posed of not more than 20 representatives of donor 
governments, foundations, academic institutions, 
civil society, and the private sector that meet a min-
imum threshold in annual contributions and agree to 
uphold transparency measures. 
(2) DUTIES.—The Executive Board should be 
charged with approving strategies, operations, and 
grant-making authorities, such that it is able to con-
3292 
duct effective fiduciary, monitoring, and evaluation 
efforts, and other oversight functions. In addition, 
the Executive Board should— 
(A) be comprised only of contributors to 
the Fund at not less than the minimum thresh-
old to be established pursuant to paragraph (1); 
(B) determine operational procedures such 
that the Fund is able to effectively fulfill its 
mission; and 
(C) provide oversight and accountability 
for the Fund in collaboration with the Inspector 
General to be established pursuant to section 
6910(e)(1)(A). 
(3) 
COMPOSITION.—The 
Executive 
Board 
should include— 
(A) representatives of the governments of 
founding permanent member countries who, in 
addition to the requirements in paragraph (1), 
qualify based upon meeting an established ini-
tial contribution threshold, which should be not 
less than 10 percent of total initial contribu-
tions, and a demonstrated commitment to sup-
porting the International Health Regulations 
(2005);
3293 
(B) term members, who are from academic 
institutions, civil society, and the private sector 
and are selected by the permanent members on 
the basis of their experience and commitment to 
innovation, best practices, and the advancement 
of global health security objectives; and 
(C) representatives of the World Health 
Organization, and the chair of the Global 
Health Security Steering Group. 
(4) QUALIFICATIONS.—Individuals appointed to 
the Executive Board should have demonstrated 
knowledge and experience across a variety of sectors, 
including human and animal health, agriculture, de-
velopment, defense, finance, research, and academia. 
(5) CONFLICTS OF INTEREST.— 
(A) TECHNICAL EXPERTS.—The Executive 
Board may include independent technical ex-
perts, provided they are not affiliated with or 
employed by a recipient country or organiza-
tion. 
(B) MULTILATERAL BODIES AND INSTITU-
TIONS.—Executive Board members appointed 
under paragraph (3)(C) should recuse them-
selves from matters presenting conflicts of in-
3294 
terest, including financing decisions relating to 
such bodies and institutions. 
(6) UNITED STATES REPRESENTATION.— 
(A) IN GENERAL.— 
(i) 
FOUNDING
PERMANENT
MEM-
BER.—The Secretary of State shall seek to 
establish the United States as a founding 
permanent member of the Fund. 
(ii) UNITED
STATES
REPRESENTA-
TION.—The United States shall be rep-
resented on the Executive Board by an of-
ficer or employee of the United States ap-
pointed by the President. 
(B) 
EFFECTIVE
AND
TERMINATION 
DATES.— 
(i) EFFECTIVE
DATE.—This para-
graph shall take effect upon the date the 
Secretary of State certifies and transmits 
to Congress an agreement establishing the 
Fund. 
(ii) TERMINATION DATE.—The mem-
bership established pursuant to subpara-
graph (A) shall terminate upon the date of 
termination of the Fund.
3295 
(7) REMOVAL PROCEDURES.—The Fund should 
establish procedures for the removal of members of 
the Executive Board who engage in a consistent pat-
tern of human rights abuses, fail to uphold global 
health data transparency requirements, or otherwise 
violate the established standards of the Fund, in-
cluding in relation to corruption. 
(8) ENFORCEABILITY.—Any agreement con-
cluded under the authorities provided by this section 
shall be legally effective and binding upon the 
United States, as may be provided in the agreement, 
upon— 
(A) the enactment of appropriate imple-
menting legislation which provides for the ap-
proval of the specific agreement or agreements, 
including attachments, annexes, and supporting 
documentation, as appropriate; or 
(B) if concluded and submitted as a treaty, 
receiving the necessary consent of the Senate. 
(9) ELIGIBLE PARTNER COUNTRY DEFINED.— 
In this section, the term ‘‘eligible partner country’’ 
means a country with demonstrated— 
(A) need, as identified through the Joint 
External Evaluation process, the Global Health 
Security Index classification of health systems,
3296 
national action plans for health security, and 
other complementary or successor indicators of 
global health security and pandemic prepared-
ness; and 
(B) commitment to transparency, including 
budget and global health data transparency, 
complying with the International Health Regu-
lations (2005), investing in domestic health sys-
tems, and achieving measurable results, and in 
which the Fund for Global Health Security and 
Pandemic Preparedness established under this 
section may finance global health security and 
pandemic preparedness assistance programs 
under this title. 
SEC. 6909. FUND AUTHORITIES. 
(a) PROGRAM OBJECTIVES.— 
(1) IN GENERAL.—In carrying out the purpose 
set forth in section 6908, the Fund, acting through 
the Executive Board, should provide grants, includ-
ing 
challenge 
grants, 
technical 
assistance, 
concessional lending, catalytic investment funds, and 
other innovative funding mechanisms, as appro-
priate, to— 
(A) help eligible partner countries close 
critical gaps in health security, as identified
3297 
through the Joint External Evaluation process, 
the Global Health Security Index classification 
of health systems, and national action plans for 
health security and other complementary or 
successor indicators of global health security 
and pandemic preparedness; and 
(B) support measures that enable such 
countries, at both national and sub-national lev-
els, and in partnership with civil society and the 
private sector, to strengthen and sustain resil-
ient health systems and supply chains with the 
resources, capacity, and personnel required to 
prevent, detect, mitigate, and respond to infec-
tious disease threats before they become 
pandemics. 
(2) ACTIVITIES SUPPORTED.—The activities to 
be supported by the Fund should include efforts 
to— 
(A) enable eligible partner countries to for-
mulate and implement national health security 
and pandemic preparedness action plans, ad-
vance action packages under the Global Health 
Security Agenda, and adopt and uphold com-
mitments under the International Health Regu-
3298 
lations (2005) and other related international 
health agreements, as appropriate; 
(B) support global health security budget 
planning in eligible partner countries, including 
training in financial management and budget 
and global health data transparency; 
(C) strengthen the health security work-
force, including hiring, training, and deploying 
experts to improve frontline preparedness for 
emerging epidemic and pandemic threats; 
(D) improve infection control and the pro-
tection of healthcare workers within healthcare 
settings; 
(E) combat the threat of antimicrobial re-
sistance; 
(F) strengthen laboratory capacity and 
promote biosafety and biosecurity through the 
provision of material and technical assistance; 
(G) reduce the risk of bioterrorism, 
zoonotic disease spillover, and accidental bio-
logical release; 
(H) build technical capacity to manage 
global health security related supply chains, in-
cluding for personal protective equipment, oxy-
gen, testing reagents, and other lifesaving sup-
3299 
plies, through effective forecasting, procure-
ment, warehousing, and delivery from central 
warehouses to points of service in both the pub-
lic and private sectors; 
(I) enable bilateral, regional, and inter-
national partnerships and cooperation, includ-
ing through pandemic early warning systems 
and emergency operations centers, to identify 
and address transnational infectious disease 
threats exacerbated by natural and man-made 
disasters, human displacement, and zoonotic in-
fection; 
(J) establish partnerships for the sharing 
of best practices and enabling eligible countries 
to meet targets and indicators under the Joint 
External Evaluation process, the Global Health 
Security Index classification of health systems, 
and national action plans for health security re-
lating to the detection, treatment, and preven-
tion of neglected tropical diseases; 
(K) build the technical capacity of eligible 
partner countries to prepare for and respond to 
second order development impacts of infectious 
disease outbreaks, while accounting for the dif-
3300 
ferentiated 
needs 
and 
vulnerabilities 
of 
marginalized populations; 
(L) develop and utilize metrics to monitor 
and evaluate programmatic performance and 
identify best practices, including in accordance 
with Joint External Evaluation benchmarks, 
Global Health Security Agenda targets, and 
Global Health Security Index indicators; 
(M) develop and deploy mechanisms to en-
hance the transparency and accountability of 
global health security and pandemic prepared-
ness programs and data, in compliance with the 
International Health Regulations (2005), in-
cluding through the sharing of trends, risks, 
and lessons learned; and 
(N) develop and implement simulation ex-
ercises, produce and release after action re-
ports, and address related gaps. 
(3) IMPLEMENTATION
OF
PROGRAM
OBJEC-
TIVES.—In carrying out the objectives of paragraph 
(1), the Fund should work to eliminate duplication 
and waste by upholding strict transparency and ac-
countability standards and coordinating its programs 
and activities with key partners working to advance
3301 
global health security and pandemic preparedness, 
including— 
(A) governments, civil society, faith-based, 
and nongovernmental organizations, research 
and academic institutions, and private sector 
entities in eligible partner countries; 
(B) the pandemic early warning systems 
and emergency operations centers to be estab-
lished under section 6909; 
(C) the World Health Organization; 
(D) the Global Health Security Agenda; 
(E) the Global Health Security Initiative; 
(F) the Global Fund to Fight AIDS, Tu-
berculosis, and Malaria; 
(G) the United Nations Office for the Co-
ordination of Humanitarian Affairs, UNICEF, 
and other relevant funds, programs, and spe-
cialized agencies of the United Nations; 
(H) Gavi, the Vaccine Alliance; 
(I) the Coalition for Epidemic Prepared-
ness Innovations (CEPI); 
(J) the Global Polio Eradication Initiative; 
and
3302 
(K) the United States Coordinator for 
Global Health Security and Diplomacy estab-
lished under section 5. 
(b) PRIORITY.—In providing assistance under this 
section, the Fund should give priority to low-and lower- 
middle income countries with— 
(1) low scores on the Global Health Security 
Index classification of health systems; 
(2) measurable gaps in global health security 
and pandemic preparedness identified under Joint 
External Evaluations and national action plans for 
health security; 
(3) demonstrated political and financial com-
mitment to pandemic preparedness; and 
(4) demonstrated commitment to upholding 
global health budget and data transparency and ac-
countability standards, complying with the Inter-
national Health Regulations (2005), investing in do-
mestic health systems, and achieving measurable re-
sults. 
(c) ELIGIBLE GRANT RECIPIENTS.—Governments 
and nongovernmental organizations should be eligible to 
receive grants as described in this section.
3303 
SEC. 6910. FUND ADMINISTRATION. 
(a) APPOINTMENT OF AN ADMINISTRATOR.—The Ex-
ecutive Board of the Fund should appoint an Adminis-
trator who should be responsible for managing the day- 
to-day operations of the Fund. 
(b) AUTHORITY TO SOLICIT AND ACCEPT CONTRIBU-
TIONS.—The Fund should be authorized to solicit and ac-
cept contributions from governments, the private sector, 
foundations, individuals, and nongovernmental entities of 
all kinds. 
(c) ACCOUNTABILITY OF FUNDS AND CRITERIA FOR 
PROGRAMS.—As part of the negotiations described in sec-
tion 6908(a), the Secretary of the State, shall, consistent 
with subsection (d)— 
(1) take such actions as are necessary to ensure 
that the Fund will have in effect adequate proce-
dures and standards to account for and monitor the 
use of funds contributed to the Fund, including the 
cost of administering the Fund; and 
(2) seek agreement on the criteria that should 
be used to determine the programs and activities 
that should be assisted by the Fund. 
(d) SELECTION OF PARTNER COUNTRIES, PROJECTS, 
AND RECIPIENTS.—The Executive Board should estab-
lish—
3304 
(1) eligible partner country selection criteria, to 
include transparent metrics to measure and assess 
global health security and pandemic preparedness 
strengths and vulnerabilities in countries seeking as-
sistance; 
(2) minimum standards for ensuring eligible 
partner country ownership and commitment to long- 
term results, including requirements for domestic 
budgeting, resource mobilization, and co-investment; 
(3) criteria for the selection of projects to re-
ceive support from the Fund; 
(4) standards and criteria regarding qualifica-
tions of recipients of such support; 
(5) such rules and procedures as may be nec-
essary for cost-effective management of the Fund; 
and 
(6) such rules and procedures as may be nec-
essary to ensure transparency and accountability in 
the grant-making process. 
(e) ADDITIONAL TRANSPARENCY
AND ACCOUNT-
ABILITY REQUIREMENTS.— 
(1) INSPECTOR GENERAL.— 
(A) IN GENERAL.—The Secretary of State 
shall seek to ensure that the Fund maintains 
an independent Office of the Inspector General
3305 
and ensure that the office has the requisite re-
sources and capacity to regularly conduct and 
publish, on a publicly accessible website, rig-
orous financial, programmatic, and reporting 
audits and investigations of the Fund and its 
grantees. 
(B) SENSE
OF
CONGRESS
ON
CORRUP-
TION.—It is the sense of Congress that— 
(i) corruption within global health 
programs contribute directly to the loss of 
human life and cannot be tolerated; and 
(ii) in making financial recoveries re-
lating to a corrupt act or criminal conduct 
under a grant, as determined by the In-
spector General, the responsible grant re-
cipient should be assessed at a recovery 
rate of up to 150 percent of such loss. 
(2) ADMINISTRATIVE
EXPENSES.—The Sec-
retary of State shall seek to ensure the Fund estab-
lishes, maintains, and makes publicly available a sys-
tem to track the administrative and management 
costs of the Fund on a quarterly basis. 
(3) FINANCIAL TRACKING SYSTEMS.—The Sec-
retary of State shall ensure that the Fund estab-
lishes, maintains, and makes publicly available a sys-
3306 
tem to track the amount of funds disbursed to each 
grant recipient and sub-recipient during a grant’s 
fiscal cycle. 
SEC. 6911. FUND ADVISORY BOARD. 
(a) IN GENERAL.—There should be an Advisory 
Board to the Fund. 
(b) APPOINTMENTS.—The members of the Advisory 
Board should be composed of— 
(1) individuals with experience and leadership 
in the fields of development, global health, epidemi-
ology, medicine, biomedical research, and social 
sciences; and 
(2) representatives of relevant United Nations 
agencies, including the World Health Organization, 
and nongovernmental organizations with on-the- 
ground experience in implementing global health 
programs in low and lower-middle income countries. 
(c) RESPONSIBILITIES.—The Advisory Board should 
provide advice and guidance to the Executive Board of the 
Fund on the development and implementation of programs 
and projects to be assisted by the Fund and on leveraging 
donations to the Fund. 
(d) PROHIBITION
ON
PAYMENT
OF
COMPENSA-
TION.—
3307 
(1) IN GENERAL.—Except for travel expenses 
(including per diem in lieu of subsistence), no mem-
ber of the Advisory Board should receive compensa-
tion for services performed as a member of the 
Board. 
(2) UNITED
STATES
REPRESENTATIVE.—Not-
withstanding any other provision of law (including 
an international agreement), a representative of the 
United States on the Advisory Board may not accept 
compensation for services performed as a member of 
the Board, except that such representative may ac-
cept travel expenses, including per diem in lieu of 
subsistence, while away from the representative’s 
home or regular place of business in the perform-
ance of services for the Board. 
(e) CONFLICTS OF INTEREST.—Members of the Advi-
sory Board should be required to disclose any potential 
conflicts of interest prior to serving on the Advisory 
Board. 
SEC. 6912. REPORTS TO CONGRESS ON THE FUND. 
(a) STATUS REPORT.—Not later than 6 months after 
the date of enactment of this Act, the Secretary of State, 
in coordination with the Administrator of the United 
States Agency for International Development, and the 
heads of other relevant Federal departments and agencies,
3308 
shall submit to the appropriate congressional committees 
a report detailing the progress of international negotia-
tions to establish the Fund. 
(b) ANNUAL REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the establishment of the Fund, and an-
nually thereafter for the duration of the Fund, the 
Secretary of State, shall submit to the appropriate 
congressional committees a report on the Fund. 
(2) REPORT ELEMENTS.—The report shall in-
clude a description of— 
(A) the goals of the Fund; 
(B) the programs, projects, and activities 
supported by the Fund; 
(C) private and governmental contributions 
to the Fund; and 
(D) the criteria utilized to determine the 
programs and activities that should be assisted 
by the Fund. 
(c) GAO REPORT ON EFFECTIVENESS.—Not later 
than 2 years after the date that the Fund comes into ef-
fect, the Comptroller General of the United States shall 
submit to the appropriate congressional committees a re-
port evaluating the effectiveness of the Fund, including—
3309 
(1) the effectiveness of the programs, projects, 
and activities supported by the Fund; and 
(2) an assessment of the merits of continued 
United States participation in the Fund. 
SEC. 6913. UNITED STATES CONTRIBUTIONS. 
(a) IN GENERAL.—Subject to submission of the cer-
tification under this section, the President is authorized 
to make available for United States contributions to the 
Fund such funds as may be authorized to be made avail-
able for such purpose. 
(b) NOTIFICATION.—The Secretary of State shall no-
tify the appropriate congressional committees not later 
than 15 days in advance of making a contribution to the 
Fund, including— 
(1) the amount of the proposed contribution; 
(2) the total of funds contributed by other do-
nors; and 
(3) the national interests served by United 
States participation in the Fund. 
(c) LIMITATION.—At no point during the five years 
after enactment of this Act shall a United States contribu-
tion to the Fund cause the cumulative total of United 
States contributions to the Fund to exceed 33 percent of 
the total contributions to the Fund from all sources. 
(d) WITHHOLDINGS.—
3310 
(1) SUPPORT
FOR
ACTS
OF
INTERNATIONAL 
TERRORISM.—If at any time the Secretary of State 
determines that the Fund has provided assistance to 
a country, the government of which the Secretary of 
State has determined, for purposes of section 620A 
of the Foreign Assistance Act of 1961 (22 U.S.C. 
2371) has repeatedly provided support for acts of 
international terrorism, the United States shall with-
hold from its contribution to the Fund for the next 
fiscal year an amount equal to the amount expended 
by the Fund to the government of such country. 
(2) EXCESSIVE SALARIES.—If at any time dur-
ing the five years after enactment of this Act, the 
Secretary of State determines that the salary of any 
individual employed by the Fund exceeds the salary 
of the Vice President of the United States for that 
fiscal year, then the United States should withhold 
from its contribution for the next fiscal year an 
amount equal to the aggregate amount by which the 
salary of each such individual exceeds the salary of 
the Vice President of the United States. 
(3) ACCOUNTABILITY CERTIFICATION REQUIRE-
MENT.—The Secretary of State may withhold not 
more than 20 percent of planned United States con-
tributions to the Fund until the Secretary certifies
3311 
to the appropriate congressional committees that the 
Fund has established procedures to provide access 
by the Office of Inspector General of the Depart-
ment of State, as cognizant Inspector General, the 
Inspector General of the Department of Health and 
Human Services, the Inspector General of the 
United States Agency for International Develop-
ment, and the Comptroller General of the United 
States to the Fund’s financial data and other infor-
mation relevant to United States contributions to 
the Fund (as determined by the Inspector General 
of the Department of State, in consultation with the 
Secretary of State). 
SEC. 6914. COMPLIANCE WITH THE FOREIGN AID TRANS-
PARENCY AND ACCOUNTABILITY ACT OF 
2016. 
Section 2(3) of the Foreign Aid Transparency and 
Accountability Act of 2016 (Public Law 114–191; 22 
U.S.C. 2394c note) is amended— 
(1) in subparagraph (D), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (E), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following:
3312 
‘‘(F) the Global Health Security Act of 
2022.’’. 
SEC. 6915. DEFINITIONS. 
In this title: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional Com-
mittees’’ means— 
(A) the Committee on Foreign Affairs and 
the Committee on Appropriations of the House 
of Representatives; and 
(B) the Committee on Foreign Relations 
and the Committee on Appropriations of the 
Senate. 
(2) GLOBAL
HEALTH
SECURITY.—The term 
‘‘global health security’’ means activities supporting 
epidemic and pandemic preparedness and capabili-
ties at the country and global levels in order to mini-
mize vulnerability to acute public health events that 
can endanger the health of populations across geo-
graphical regions and international boundaries. 
SEC. 6916. SUNSET. 
This title, and the amendments made by this title 
shall cease to be effective 5 fiscal years after the enact-
ment of this Act.
3313 
TITLE LXX—PROTECTION OF 
SAUDI DISSIDENTS 
SEC. 7001. RESTRICTIONS ON TRANSFERS OF DEFENSE AR-
TICLES AND SERVICES, DESIGN AND CON-
STRUCTION SERVICES, AND MAJOR DEFENSE 
EQUIPMENT TO SAUDI ARABIA. 
(a) INITIAL PERIOD.—During the 120-day period be-
ginning on the date of the enactment of this Act, the 
President may not sell, authorize a license for the export 
of, or otherwise transfer any defense articles or defense 
services, design and construction services, or major de-
fense equipment under the Arms Export Control Act (22 
U.S.C. 2751 et seq.) to an intelligence, internal security, 
or law enforcement agency or instrumentality of the Gov-
ernment of Saudi Arabia, or to any person acting as an 
agent of or on behalf of such agency or instrumentality. 
(b) SUBSEQUENT PERIODS.— 
(1) IN GENERAL.—During the 120-day period 
beginning after the end of the 120-day period de-
scribed in subsection (a), and each 120-day period 
thereafter, the President may not sell, authorize a li-
cense for the export of, or otherwise transfer any de-
fense articles or services, design and construction 
services, or major defense equipment under the 
Arms Export Control Act (22 U.S.C. 2751 et seq.),
3314 
regardless of the amount of such articles, services, 
or equipment, to an intelligence, internal security, or 
law enforcement agency or instrumentality of the 
Government of Saudi Arabia, or to any person act-
ing as an agent of or on behalf of such agency or 
instrumentality, unless the President has submitted 
to the chairman and ranking member of the appro-
priate congressional committees a certification de-
scribed in paragraph (2). 
(2) CERTIFICATION.—A certification described 
in this paragraph is a certification that contains a 
determination of the President that, during the 120- 
day period preceding the date of submission of the 
certification, the United States Government has not 
determined that the Government of Saudi Arabia 
has conducted any of the following activities: 
(A) Forced repatriation, intimidation, or 
killing of dissidents in other countries. 
(B) The unjust imprisonment in Saudi 
Arabia of United States citizens or aliens law-
fully admitted for permanent residence or the 
prohibition on these individuals and their family 
members from exiting Saudi Arabia. 
(C) Torture of detainees in the custody of 
the Government of Saudi Arabia.
3315 
(c) EXCEPTION.—The restrictions in this section 
shall not apply with respect to the sale, authorization of 
a license for export, or transfer of any defense articles or 
services, design and construction services, or major de-
fense equipment under the Arms Export Control Act (22 
U.S.C. 2751 et seq.) for use in— 
(1) the defense of the territory of Saudi Arabia 
from external threats; or 
(2) the defense of United States military or dip-
lomatic personnel or United States facilities located 
in Saudi Arabia. 
(d) WAIVER.— 
(1) IN
GENERAL.—The President may waive 
the restrictions in this section if the President sub-
mits to the appropriate congressional committees a 
report not later than 15 days before the granting of 
such waiver that contains— 
(A) a determination of the President that 
such a waiver is in the vital national security 
interests of the United States; and 
(B) a detailed justification for the use of 
such waiver and the reasons why the restric-
tions in this section cannot be met.
3316 
(2) FORM.—The report required by this sub-
section shall be submitted in unclassified form but 
may contain a classified annex. 
(e) SUNSET.—This section shall terminate on the 
date that is 3 years after the date of the enactment of 
this Act. 
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Foreign Affairs, the Per-
manent Select Committee on Intelligence, and the 
Committee on Armed Services of the House of Rep-
resentatives; and 
(2) the Committee on Foreign Relations, the 
Select Committee on Intelligence, and the Com-
mittee on Armed Services of the Senate. 
SEC. 7002. REPORT ON CONSISTENT PATTERN OF ACTS OF 
INTIMIDATION OR HARASSMENT DIRECTED 
AGAINST 
INDIVIDUALS 
IN 
THE 
UNITED 
STATES. 
(a) FINDINGS.—Congress finds the following: 
(1) Section 6 of the Arms Export Control Act 
(22 U.S.C. 2756) states the following: ‘‘No letters of 
offer may be issued, no credits or guarantees may be 
extended, and no export licenses may be issued
3317 
under this Act with respect to any country deter-
mined by the President to be engaged in a consistent 
pattern of acts of intimidation or harassment di-
rected against individuals in the United States’’. 
(2) Section 6 of the Arms Export Control Act 
further requires the President to report any such de-
termination promptly to the Speaker of the House of 
Representatives, the Committee on Foreign Affairs 
of the House of Representatives, and to the chair-
man of the Committee on Foreign Relations of the 
Senate. 
(b) REPORT ON ACTS OF INTIMIDATION OR HARASS-
MENT AGAINST INDIVIDUALS IN THE UNITED STATES.— 
Not later than 60 days after the date of the enactment 
of this Act, the President shall submit to the appropriate 
congressional committees a report on— 
(1) whether any official of the Government of 
Saudi Arabia engaged in a consistent pattern of acts 
of intimidation or harassment directed against 
Jamal Khashoggi or any individual in the United 
States; and 
(2) whether any United States-origin defense 
articles were used in the activities described in para-
graph (1).
3318 
(c) FORM.—The report required by subsection (b) 
shall be submitted in unclassified form but may contain 
a classified annex. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the Committee on Foreign Affairs and the 
Permanent Select Committee on Intelligence of the 
House of Representatives; and 
(2) the Committee on Foreign Relations and 
the Select Committee on Intelligence of the Senate. 
SEC. 7003. REPORT AND CERTIFICATION WITH RESPECT TO 
SAUDI DIPLOMATS AND DIPLOMATIC FACILI-
TIES IN THE UNITED STATES. 
(a) REPORT ON SAUDI DIPLOMATS AND DIPLOMATIC 
FACILITIES
IN UNITED STATES.—Not later than 120 
days after the date of the enactment of this Act, the Presi-
dent shall submit to the appropriate congressional com-
mittees a report covering the three-year period preceding 
such date of enactment regarding whether and to what 
extent covered persons used diplomatic credentials, visas, 
or covered facilities to facilitate monitoring, tracking, sur-
veillance, or harassment of, or harm to, other nationals 
of Saudi Arabia living in the United States. 
(b) CERTIFICATION.—
3319 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act, and each 
120-day period thereafter, the President shall, if the 
President determines that such is the case, submit 
to the appropriate congressional committees a cer-
tification that the United States Government has 
not determined covered persons to be using diplo-
matic credentials, visas, or covered facilities to facili-
tate serious harassment of, or harm to, other nation-
als of Saudi Arabia living in the United States dur-
ing the time period covered by each such certifi-
cation. 
(2) FAILURE
TO
SUBMIT
CERTIFICATION.—If 
the President does not submit a certification under 
paragraph (1), the President shall— 
(A) close one or more covered facilities for 
such period of time until the President does 
submit such a certification; and 
(B) submit to the appropriate congres-
sional committee a report that contains— 
(i) a detailed explanation of why the 
President is unable to make such a certifi-
cation; 
(ii) a list and summary of engage-
ments of the United States Government
3320 
with the Government of Saudi Arabia re-
garding the use of diplomatic credentials, 
visas, or covered facilities described in 
paragraph (1); and 
(iii) a description of actions the 
United States Government has taken or in-
tends to take in response to the use of dip-
lomatic credentials, visas, or covered facili-
ties described in paragraph (1). 
(c) FORM.—The report required by subsection (a) 
and the certification and report required by subsection (b) 
shall be submitted in unclassified form but may contain 
a classified annex. 
(d) WAIVER.— 
(1) IN
GENERAL.—The President may waive 
the restrictions in this section if the President sub-
mits to the appropriate congressional committees a 
report not later than 15 days before the granting of 
such waiver that contains— 
(A) a determination of the President that 
such a waiver is in the vital national security 
interests of the United States; and 
(B) a detailed justification for the use of 
such waiver and the reasons why the restric-
tions in this section cannot be met.
3321 
(2) FORM.—The report required by this sub-
section shall be submitted in unclassified form but 
may contain a classified annex. 
(e) SUNSET.—This section shall terminate on the 
date that is 3 years after the date of the enactment of 
this Act. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs and 
the Permanent Select Committee on Intelligence 
of the House of Representatives; and 
(B) the Committee on Foreign Relations 
and the Select Committee on Intelligence of the 
Senate. 
(2) The term ‘‘covered facility’’ means a diplo-
matic or consular facility of Saudi Arabia in the 
United States. 
(3) The term ‘‘covered person’’ means a na-
tional of Saudi Arabia credentialed to a covered fa-
cility. 
SEC. 7004. REPORT ON THE DUTY TO WARN OBLIGATION OF 
THE GOVERNMENT OF THE UNITED STATES. 
(a) FINDINGS.—Congress finds that Intelligence 
Community Directive 191 provides that—
3322 
(1) when an element of the intelligence commu-
nity of the United States collects or acquires credible 
and specific information indicating an impending 
threat of intentional killing, serious bodily injury, or 
kidnapping directed at a person, the agency must 
‘‘warn the intended victim or those responsible for 
protecting the intended victim, as appropriate’’ un-
less an applicable waiver of the duty is granted by 
the appropriate official within the element; and 
(2) when issues arise with respect to whether 
the threat information rises to the threshold of 
‘‘duty to warn’’, the directive calls for resolution in 
favor of warning the intended victim. 
(b) REPORT ON DUTY TO WARN.—Not later than 90 
days after the date of the enactment of this Act, the Direc-
tor of National Intelligence, in coordination with the heads 
of other relevant United States intelligence agencies, shall 
submit to the appropriate congressional committees a re-
port with respect to— 
(1) whether and how the intelligence community 
fulfilled its duty to warn Jamal Khashoggi of threats 
to his life and liberty pursuant to Intelligence Com-
munity Directive 191; and 
(2) in the case of the intelligence community 
not fulfilling its duty to warn as described in para-
3323 
graph (1), why the intelligence community did not 
fulfill this duty. 
(c) FORM.—The report required by subsection (b) 
shall be submitted in unclassified form but may contain 
a classified annex. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs and 
the Permanent Select Committee on Intelligence 
of the House of Representatives; and 
(B) the Committee on Foreign Relations 
and the Select Committee on Intelligence of the 
Senate. 
(2) The term ‘‘duty to warn’’ has the meaning 
given that term in Intelligence Community Directive 
191, as in effect on July 21, 2015. 
(3) The term ‘‘intelligence community’’ has the 
meaning given such term in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 3003(4)). 
(4) The term ‘‘relevant United States intel-
ligence agency’’ means any element of the intel-
ligence community that may have possessed intel-
ligence reporting regarding threats to Jamal 
Khashoggi.
3324 
TITLE LXXI—COLORADO AND 
GRAND CANYON PUBLIC LANDS 
SEC. 7101. DEFINITION OF STATE. 
In subtitles A through D, the term ‘‘State’’ means 
the State of Colorado. 
Subtitle A—Continental Divide 
SEC. 7111. DEFINITIONS. 
In this subtitle: 
(1) COVERED AREA.—The term ‘‘covered area’’ 
means any area designated as wilderness by the 
amendments to section 2(a) of the Colorado Wilder-
ness Act of 1993 (16 U.S.C. 1132 note; Public Law 
103–77) made by section 7112(a). 
(2) HISTORIC
LANDSCAPE.—The term ‘‘His-
toric Landscape’’ means the Camp Hale National 
Historic Landscape designated by section 7118(a). 
(3) RECREATION
MANAGEMENT
AREA.—The 
term ‘‘Recreation Management Area’’ means the 
Tenmile Recreation Management Area designated by 
section 7114(a). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(5) 
WILDLIFE
CONSERVATION
AREA.—The 
term ‘‘Wildlife Conservation Area’’ means, as appli-
cable—
3325 
(A) the Porcupine Gulch Wildlife Con-
servation Area designated by section 7115(a); 
(B) the Williams Fork Mountains Wildlife 
Conservation 
Area 
designated 
by 
section 
7116(a); and 
(C) the Spraddle Creek Wildlife Conserva-
tion Area designated by section 7117(a). 
SEC. 7112. COLORADO WILDERNESS ADDITIONS. 
(a) DESIGNATION.—Section 2(a) of the Colorado Wil-
derness Act of 1993 (16 U.S.C. 1132 note; Public Law 
103–77) is amended— 
(1) in paragraph (18), by striking ‘‘1993,’’ and 
inserting ‘‘1993, and certain Federal land within the 
White River National Forest that comprises approxi-
mately 6,896 acres, as generally depicted as ‘Pro-
posed Ptarmigan Peak Wilderness Additions’ on the 
map entitled ‘Proposed Ptarmigan Peak Wilderness 
Additions’ and dated June 24, 2019,’’; and 
(2) by adding at the end the following: 
‘‘(23) HOLY CROSS WILDERNESS ADDITION.— 
Certain Federal land within the White River Na-
tional Forest that comprises approximately 3,866 
acres, as generally depicted as ‘Proposed Megan 
Dickie Wilderness Addition’ on the map entitled 
‘Holy Cross Wilderness Addition Proposal’ and
3326 
dated June 24, 2019, which shall be incorporated 
into, and managed as part of, the Holy Cross Wil-
derness designated by section 102(a)(5) of Public 
Law 96–560 (94 Stat. 3266). 
‘‘(24) HOOSIER RIDGE WILDERNESS.—Certain 
Federal land within the White River National Forest 
that comprises approximately 5,235 acres, as gen-
erally depicted as ‘Proposed Hoosier Ridge Wilder-
ness’ on the map entitled ‘Tenmile Proposal’ and 
dated April 22, 2022, which shall be known as the 
‘Hoosier Ridge Wilderness’. 
‘‘(25) TENMILE WILDERNESS.—Certain Federal 
land within the White River National Forest that 
comprises approximately 7,624 acres, as generally 
depicted as ‘Proposed Tenmile Wilderness’ on the 
map entitled ‘Tenmile Proposal’ and dated April 22, 
2022, which shall be known as the ‘Tenmile Wilder-
ness’. 
‘‘(26) 
EAGLES
NEST
WILDERNESS
ADDI-
TIONS.—Certain Federal land within the White 
River National Forest that comprises approximately 
7,634 acres, as generally depicted as ‘Proposed 
Freeman Creek Wilderness Addition’ and ‘Proposed 
Spraddle Creek Wilderness Addition’ on the map en-
titled ‘Eagles Nest Wilderness Additions Proposal’
3327 
and dated April 26, 2022, which shall be incor-
porated into, and managed as part of, the Eagles 
Nest Wilderness designated by Public Law 94–352 
(90 Stat. 870).’’. 
(b) APPLICABLE LAW.—Any reference in the Wilder-
ness Act (16 U.S.C. 1131 et seq.) to the effective date 
of that Act shall be considered to be a reference to the 
date of enactment of this Act for purposes of admin-
istering a covered area. 
(c) FIRE, INSECTS, AND DISEASES.—In accordance 
with section 4(d)(1) of the Wilderness Act (16 U.S.C. 
1133(d)(1)), the Secretary may carry out any activity in 
a covered area that the Secretary determines to be nec-
essary for the control of fire, insects, and diseases, subject 
to such terms and conditions as the Secretary determines 
to be appropriate. 
(d) GRAZING.—The grazing of livestock on a covered 
area, if established before the date of enactment of this 
Act, shall be permitted to continue subject to such reason-
able regulations as are considered to be necessary by the 
Secretary, in accordance with— 
(1) section 4(d)(4) of the Wilderness Act (16 
U.S.C. 1133(d)(4)); and 
(2) the guidelines set forth in the report of the 
Committee on Interior and Insular Affairs of the
3328 
House of Representatives accompanying H.R. 5487 
of the 96th Congress (H. Rept. 96–617). 
(e) COORDINATION.—For purposes of administering 
the Federal land designated as wilderness by paragraph 
(26) of section 2(a) of the Colorado Wilderness Act of 
1993 (16 U.S.C. 1132 note; Public Law 103–77) (as 
added by subsection (a)(2)), the Secretary shall, as deter-
mined to be appropriate for the protection of watersheds, 
coordinate the activities of the Secretary in response to 
fires and flooding events with interested State and local 
agencies. 
SEC. 7113. WILLIAMS FORK MOUNTAINS POTENTIAL WIL-
DERNESS. 
(a) DESIGNATION.—In furtherance of the purposes of 
the Wilderness Act (16 U.S.C. 1131 et seq.), certain Fed-
eral land in the White River National Forest in the State, 
comprising approximately 8,036 acres, as generally de-
picted as ‘‘Proposed Williams Fork Mountains Wilder-
ness’’ on the map entitled ‘‘Williams Fork Mountains Pro-
posal’’ and dated June 24, 2019, is designated as a poten-
tial wilderness area. 
(b) MANAGEMENT.—Subject to valid existing rights 
and except as provided in subsection (d), the potential wil-
derness area designated by subsection (a) shall be man-
aged in accordance with—
3329 
(1) the Wilderness Act (16 U.S.C. 1131 et 
seq.); and 
(2) this section. 
(c) LIVESTOCK USE OF VACANT ALLOTMENTS.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, in accordance 
with applicable laws (including regulations), the Sec-
retary shall publish a determination regarding 
whether to authorize livestock grazing or other use 
by livestock on the vacant allotments known as— 
(A) the ‘‘Big Hole Allotment’’; and 
(B) the ‘‘Blue Ridge Allotment’’. 
(2) MODIFICATION OF ALLOTMENTS.—In pub-
lishing a determination pursuant to paragraph (1), 
the Secretary may modify or combine the vacant al-
lotments referred to in that paragraph. 
(3) PERMIT OR OTHER AUTHORIZATION.—Not 
later than 1 year after the date on which a deter-
mination of the Secretary to authorize livestock 
grazing or other use by livestock is published under 
paragraph (1), if applicable, the Secretary shall 
grant a permit or other authorization for that live-
stock grazing or other use in accordance with appli-
cable laws (including regulations). 
(d) RANGE IMPROVEMENTS.—
3330 
(1) IN GENERAL.—If the Secretary permits live-
stock grazing or other use by livestock on the poten-
tial wilderness area under subsection (c), the Sec-
retary, or a third party authorized by the Secretary, 
may use motorized or mechanized transport or 
equipment for purposes of constructing or rehabili-
tating such range improvements as are necessary to 
obtain appropriate livestock management objectives 
(including habitat and watershed restoration). 
(2) TERMINATION
OF
AUTHORITY.—The au-
thority provided by this subsection terminates on the 
date that is 2 years after the date on which the Sec-
retary publishes a positive determination under sub-
section (c)(3). 
(e) DESIGNATION AS WILDERNESS.— 
(1) DESIGNATION.—The potential wilderness 
area designated by subsection (a) shall be designated 
as wilderness, to be known as the ‘‘Williams Fork 
Mountains Wilderness’’— 
(A) effective not earlier than the date that 
is 180 days after the date of enactment this 
Act; and 
(B) on the earliest of— 
(i) the date on which the Secretary 
publishes in the Federal Register a notice
3331 
that the construction or rehabilitation of 
range improvements under subsection (d) 
is complete; 
(ii) the date described in subsection 
(d)(2); and 
(iii) the effective date of a determina-
tion of the Secretary not to authorize live-
stock grazing or other use by livestock 
under subsection (c)(1). 
(2) ADMINISTRATION.—Subject to valid existing 
rights, the Secretary shall manage the Williams 
Fork Mountains Wilderness in accordance with the 
Colorado Wilderness Act of 1993 (16 U.S.C. 1132 
note; Public Law 103–77), except that any reference 
in that Act to the effective date of that Act shall be 
considered to be a reference to the date on which the 
Williams Fork Mountains Wilderness is designated 
in accordance with paragraph (1). 
SEC. 7114. TENMILE RECREATION MANAGEMENT AREA. 
(a) DESIGNATION.—Subject to valid existing rights, 
the approximately 17,120 acres of Federal land in the 
White River National Forest in the State, as generally de-
picted as ‘‘Proposed Tenmile Recreation Management 
Area’’ on the map entitled ‘‘Tenmile Proposal’’ and dated
3332 
April 22, 2022, are designated as the ‘‘Tenmile Recreation 
Management Area’’. 
(b) PURPOSES.—The purposes of the Recreation 
Management Area are to conserve, protect, and enhance 
for the benefit and enjoyment of present and future gen-
erations the recreational, scenic, watershed, habitat, and 
ecological resources of the Recreation Management Area. 
(c) MANAGEMENT.— 
(1) IN GENERAL.—The Secretary shall manage 
the Recreation Management Area— 
(A) in a manner that conserves, protects, 
and enhances— 
(i) the purposes of the Recreation 
Management Area described in subsection 
(b); and 
(ii) recreation opportunities, including 
mountain biking, hiking, fishing, horseback 
riding, 
snowshoeing, 
climbing, 
skiing, 
camping, and hunting; and 
(B) in accordance with— 
(i) the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 
U.S.C. 1600 et seq.); 
(ii) any other applicable laws (includ-
ing regulations); and
3333 
(iii) this section. 
(2) USES.— 
(A) IN
GENERAL.—The Secretary shall 
only allow such uses of the Recreation Manage-
ment Area as the Secretary determines would 
further the purposes described in subsection 
(b). 
(B) VEHICLES.— 
(i) IN GENERAL.—Except as provided 
in clause (iii), the use of motorized vehicles 
in the Recreation Management Area shall 
be limited to the roads, vehicle classes, and 
periods authorized for motorized vehicle 
use on the date of enactment of this Act. 
(ii) NEW
OR
TEMPORARY
ROADS.— 
Except as provided in clause (iii), no new 
or temporary road shall be constructed in 
the Recreation Management Area. 
(iii) EXCEPTIONS.—Nothing in clause 
(i) or (ii) prevents the Secretary from— 
(I) rerouting or closing an exist-
ing road or trail to protect natural re-
sources from degradation, as the Sec-
retary determines to be appropriate;
3334 
(II) authorizing the use of motor-
ized vehicles for administrative pur-
poses or roadside camping; 
(III) 
constructing 
temporary 
roads or permitting the use of motor-
ized vehicles to carry out pre- or post- 
fire watershed protection projects; 
(IV) authorizing the use of mo-
torized vehicles to carry out any activ-
ity described in subsection (d), (e)(1), 
or (f); or 
(V) responding to an emergency. 
(C) COMMERCIAL TIMBER.— 
(i) IN
GENERAL.—Subject to clause 
(ii), no project shall be carried out in the 
Recreation Management Area for the pur-
pose of harvesting commercial timber. 
(ii) LIMITATION.—Nothing in clause 
(i) prevents the Secretary from harvesting 
or selling a merchantable product that is a 
byproduct of an activity authorized under 
this section. 
(d) FIRE, INSECTS, AND DISEASES.—The Secretary 
may carry out any activity, in accordance with applicable 
laws (including regulations), that the Secretary deter-
3335 
mines to be necessary to manage wildland fire and treat 
hazardous fuels, insects, and diseases in the Recreation 
Management Area, subject to such terms and conditions 
as the Secretary determines to be appropriate. 
(e) WATER.— 
(1) EFFECT ON WATER MANAGEMENT INFRA-
STRUCTURE.—Nothing in this section affects the 
construction, repair, reconstruction, replacement, op-
eration, maintenance, or renovation within the 
Recreation Management Area of— 
(A) water management infrastructure in 
existence on the date of enactment of this Act; 
or 
(B) any future infrastructure necessary for 
the development or exercise of water rights de-
creed before the date of enactment of this Act. 
(2) APPLICABLE
LAW.—Section 3(e) of the 
James Peak Wilderness and Protection Area Act 
(Public Law 107–216; 116 Stat. 1058) shall apply 
to the Recreation Management Area. 
(f) PERMITS.—Nothing in this section affects— 
(1) any permit held by a ski area or other enti-
ty; or
3336 
(2) the implementation of associated activities 
or facilities authorized by law or permit outside the 
boundaries of the Recreation Management Area. 
SEC. 7115. PORCUPINE GULCH WILDLIFE CONSERVATION 
AREA. 
(a) DESIGNATION.—Subject to valid existing rights, 
the approximately 8,287 acres of Federal land located in 
the White River National Forest, as generally depicted as 
‘‘Proposed Porcupine Gulch Wildlife Conservation Area’’ 
on the map entitled ‘‘Porcupine Gulch Wildlife Conserva-
tion Area Proposal’’ and dated June 24, 2019, are des-
ignated as the ‘‘Porcupine Gulch Wildlife Conservation 
Area’’ (referred to in this section as the ‘‘Wildlife Con-
servation Area’’). 
(b) PURPOSES.—The purposes of the Wildlife Con-
servation Area are— 
(1) to conserve and protect a wildlife migration 
corridor over Interstate 70; and 
(2) to conserve, protect, and enhance for the 
benefit and enjoyment of present and future genera-
tions the wildlife, scenic, roadless, watershed, and 
ecological resources of the Wildlife Conservation 
Area. 
(c) MANAGEMENT.—
3337 
(1) IN GENERAL.—The Secretary shall manage 
the Wildlife Conservation Area— 
(A) in a manner that conserves, protects, 
and enhances the purposes described in sub-
section (b); and 
(B) in accordance with— 
(i) the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 
U.S.C. 1600 et seq.); 
(ii) any other applicable laws (includ-
ing regulations); and 
(iii) this section. 
(2) USES.— 
(A) IN
GENERAL.—The Secretary shall 
only allow such uses of the Wildlife Conserva-
tion Area as the Secretary determines would 
further the purposes described in subsection 
(b). 
(B) RECREATION.—The Secretary may 
permit such recreational activities in the Wild-
life Conservation Area that the Secretary deter-
mines are consistent with the purposes de-
scribed in subsection (b).
3338 
(C) MOTORIZED
VEHICLES
AND
MECHA-
NIZED
TRANSPORT; 
NEW
OR
TEMPORARY 
ROADS.— 
(i) 
MOTORIZED
VEHICLES
AND 
MECHANIZED TRANSPORT.—Except as pro-
vided in clause (iii), the use of motorized 
vehicles and mechanized transport in the 
Wildlife Conservation Area shall be prohib-
ited. 
(ii) NEW
OR
TEMPORARY
ROADS.— 
Except as provided in clause (iii) and sub-
section (e), no new or temporary road shall 
be constructed within the Wildlife Con-
servation Area. 
(iii) EXCEPTIONS.—Nothing in clause 
(i) or (ii) prevents the Secretary from— 
(I) authorizing the use of motor-
ized vehicles or mechanized transport 
for administrative purposes; 
(II) 
constructing 
temporary 
roads or permitting the use of motor-
ized vehicles or mechanized transport 
to carry out pre- or post-fire water-
shed protection projects;
3339 
(III) authorizing the use of mo-
torized vehicles or mechanized trans-
port to carry out activities described 
in subsection (d) or (e); or 
(IV) responding to an emergency. 
(D) COMMERCIAL TIMBER.— 
(i) IN
GENERAL.—Subject to clause 
(ii), no project shall be carried out in the 
Wildlife Conservation Area for the purpose 
of harvesting commercial timber. 
(ii) LIMITATION.—Nothing in clause 
(i) prevents the Secretary from harvesting 
or selling a merchantable product that is a 
byproduct of an activity authorized under 
this section. 
(d) FIRE, INSECTS, AND DISEASES.—The Secretary 
may carry out any activity, in accordance with applicable 
laws (including regulations), that the Secretary deter-
mines to be necessary to manage wildland fire and treat 
hazardous fuels, insects, and diseases in the Wildlife Con-
servation Area, subject to such terms and conditions as 
the Secretary determines to be appropriate. 
(e) REGIONAL TRANSPORTATION PROJECTS.—Noth-
ing in this section or section 7121(f) precludes the Sec-
retary from authorizing, in accordance with applicable
3340 
laws (including regulations) and subject to valid existing 
rights, the use of the subsurface of the Wildlife Conserva-
tion Area to construct, realign, operate, or maintain re-
gional transportation projects, including Interstate 70 and 
the Eisenhower-Johnson Tunnels. 
(f) WATER.—Section 3(e) of the James Peak Wilder-
ness and Protection Area Act (Public Law 107–216; 116 
Stat. 1058) shall apply to the Wildlife Conservation Area. 
SEC. 7116. WILLIAMS FORK MOUNTAINS WILDLIFE CON-
SERVATION AREA. 
(a) DESIGNATION.—Subject to valid existing rights, 
the approximately 3,528 acres of Federal land in the 
White River National Forest in the State, as generally de-
picted as ‘‘Proposed Williams Fork Mountains Wildlife 
Conservation Area’’ on the map entitled ‘‘Williams Fork 
Mountains Proposal’’ and dated June 24, 2019, are des-
ignated as the ‘‘Williams Fork Mountains Wildlife Con-
servation Area’’ (referred to in this section as the ‘‘Wild-
life Conservation Area’’). 
(b) PURPOSES.—The purposes of the Wildlife Con-
servation Area are to conserve, protect, and enhance for 
the benefit and enjoyment of present and future genera-
tions the wildlife, scenic, roadless, watershed, recreational, 
and ecological resources of the Wildlife Conservation Area. 
(c) MANAGEMENT.—
3341 
(1) IN GENERAL.—The Secretary shall manage 
the Wildlife Conservation Area— 
(A) in a manner that conserves, protects, 
and enhances the purposes described in sub-
section (b); and 
(B) in accordance with— 
(i) the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 
U.S.C. 1600 et seq.); 
(ii) any other applicable laws (includ-
ing regulations); and 
(iii) this section. 
(2) USES.— 
(A) IN
GENERAL.—The Secretary shall 
only allow such uses of the Wildlife Conserva-
tion Area as the Secretary determines would 
further the purposes described in subsection 
(b). 
(B) MOTORIZED VEHICLES.— 
(i) IN GENERAL.—Except as provided 
in clause (iii), the use of motorized vehicles 
in the Wildlife Conservation Area shall be 
limited to designated roads and trails. 
(ii) NEW
OR
TEMPORARY
ROADS.— 
Except as provided in clause (iii), no new
3342 
or temporary road shall be constructed in 
the Wildlife Conservation Area. 
(iii) EXCEPTIONS.—Nothing in clause 
(i) or (ii) prevents the Secretary from— 
(I) authorizing the use of motor-
ized vehicles for administrative pur-
poses; 
(II) authorizing the use of motor-
ized vehicles to carry out activities de-
scribed in subsection (d); or 
(III) responding to an emer-
gency. 
(C) BICYCLES.—The use of bicycles in the 
Wildlife Conservation Area shall be limited to 
designated roads and trails. 
(D) COMMERCIAL TIMBER.— 
(i) IN
GENERAL.—Subject to clause 
(ii), no project shall be carried out in the 
Wildlife Conservation Area for the purpose 
of harvesting commercial timber. 
(ii) LIMITATION.—Nothing in clause 
(i) prevents the Secretary from harvesting 
or selling a merchantable product that is a 
byproduct of an activity authorized under 
this section.
3343 
(E) GRAZING.—The laws (including regu-
lations) and policies followed by the Secretary 
in issuing and administering grazing permits or 
leases on land under the jurisdiction of the Sec-
retary shall continue to apply with regard to 
the land in the Wildlife Conservation Area, con-
sistent with the purposes described in sub-
section (b). 
(d) FIRE, INSECTS, AND DISEASES.—The Secretary 
may carry out any activity, in accordance with applicable 
laws (including regulations), that the Secretary deter-
mines to be necessary to manage wildland fire and treat 
hazardous fuels, insects, and diseases in the Wildlife Con-
servation Area, subject to such terms and conditions as 
the Secretary determines to be appropriate. 
(e) WATER.—Section 3(e) of the James Peak Wilder-
ness and Protection Area Act (Public Law 107–216; 116 
Stat. 1058) shall apply to the Wildlife Conservation Area. 
SEC. 7117. SPRADDLE CREEK WILDLIFE CONSERVATION 
AREA. 
(a) DESIGNATION.—Subject to valid existing rights, 
the approximately 2,674 acres of Federal land in the 
White River National Forest in the State, as generally de-
picted as ‘‘Proposed Spraddle Creek Wildlife Conservation 
Area’’ on the map entitled ‘‘Eagles Nest Wilderness Addi-
3344 
tions Proposal’’ and dated April 26, 2022, are designated 
as the ‘‘Spraddle Creek Wildlife Conservation Area’’ (re-
ferred to in this section as the ‘‘Wildlife Conservation 
Area’’). 
(b) PURPOSES.—The purposes of the Wildlife Con-
servation Area are to conserve, protect, and enhance for 
the benefit and enjoyment of present and future genera-
tions the wildlife, scenic, roadless, watershed, recreational, 
and ecological resources of the Wildlife Conservation Area. 
(c) MANAGEMENT.— 
(1) IN GENERAL.—The Secretary shall manage 
the Wildlife Conservation Area— 
(A) in a manner that conserves, protects, 
and enhances the purposes described in sub-
section (b); and 
(B) in accordance with— 
(i) the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 
U.S.C. 1600 et seq.); 
(ii) any other applicable laws (includ-
ing regulations); and 
(iii) this subtitle. 
(2) USES.— 
(A) IN
GENERAL.—The Secretary shall 
only allow such uses of the Wildlife Conserva-
3345 
tion Area as the Secretary determines would 
further the purposes described in subsection 
(b). 
(B) MOTORIZED
VEHICLES
AND
MECHA-
NIZED
TRANSPORT.—Except as necessary for 
administrative purposes or to respond to an 
emergency, the use of motorized vehicles and 
mechanized transport in the Wildlife Conserva-
tion Area shall be prohibited. 
(C) ROADS.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), no road shall be constructed 
in the Wildlife Conservation Area. 
(ii) EXCEPTIONS.—Nothing in clause 
(i) prevents the Secretary from— 
(I) constructing a temporary 
road as the Secretary determines to 
be necessary as a minimum require-
ment for carrying out a vegetation 
management project in the Wildlife 
Conservation Area; or 
(II) responding to an emergency. 
(iii) 
DECOMMISSIONING
OF
TEM-
PORARY ROADS.—Not later than 3 years 
after the date on which the applicable
3346 
vegetation management project is com-
pleted, the Secretary shall decommission 
any temporary road constructed under 
clause (ii)(I) for the applicable vegetation 
management project. 
(D) COMMERCIAL TIMBER.— 
(i) IN
GENERAL.—Subject to clause 
(ii), no project shall be carried out in the 
Wildlife Conservation Area for the purpose 
of harvesting commercial timber. 
(ii) LIMITATION.—Nothing in clause 
(i) prevents the Secretary from harvesting 
or selling a merchantable product that is a 
byproduct of an activity authorized in the 
Wildlife Conservation Area under this sec-
tion. 
(d) FIRE, INSECTS, AND DISEASES.—The Secretary 
may carry out any activity, in accordance with applicable 
laws (including regulations), that the Secretary deter-
mines to be necessary to manage wildland fire and treat 
hazardous fuels, insects, and diseases in the Wildlife Con-
servation Area, subject to such terms and conditions as 
the Secretary determines to be appropriate.
3347 
(e) WATER.—Section 3(e) of the James Peak Wilder-
ness and Protection Area Act (Public Law 107–216; 116 
Stat. 1058) shall apply to the Wildlife Conservation Area. 
SEC. 7118. CAMP HALE NATIONAL HISTORIC LANDSCAPE. 
(a) DESIGNATION.—Subject to valid existing rights, 
the approximately 28,197 acres of Federal land in the 
White River National Forest in the State, as generally de-
picted as ‘‘Proposed Camp Hale National Historic Land-
scape’’ on the map entitled ‘‘Camp Hale National Historic 
Landscape Proposal’’ and dated April 22, 2022, are des-
ignated the ‘‘Camp Hale National Historic Landscape’’. 
(b) PURPOSES.—The purposes of the Historic Land-
scape are— 
(1) to provide for— 
(A) the interpretation of historic events, 
activities, structures, and artifacts of the His-
toric Landscape, including with respect to the 
role of the Historic Landscape in local, na-
tional, and world history; 
(B) the preservation of the historic re-
sources of the Historic Landscape, consistent 
with the other purposes of the Historic Land-
scape; 
(C) recreational opportunities, with an em-
phasis on the activities related to the historic
3348 
use of the Historic Landscape, including skiing, 
snowshoeing, snowmobiling, hiking, horseback 
riding, climbing, other road- and trail-based ac-
tivities, and other outdoor activities; and 
(D) the continued environmental remedi-
ation and removal of unexploded ordnance at 
the Camp Hale Formerly Used Defense Site 
and the Camp Hale historic cantonment area; 
and 
(2) to conserve, protect, restore, and enhance 
for the benefit and enjoyment of present and future 
generations the scenic, watershed, and ecological re-
sources of the Historic Landscape. 
(c) MANAGEMENT.— 
(1) IN GENERAL.—The Secretary shall manage 
the Historic Landscape in accordance with— 
(A) the purposes of the Historic Landscape 
described in subsection (b); and 
(B) any other applicable laws (including 
regulations). 
(2) MANAGEMENT PLAN.— 
(A) IN GENERAL.—Not later than 5 years 
after the date of enactment of this Act, the Sec-
retary shall prepare a management plan for the 
Historic Landscape.
3349 
(B) CONTENTS.—The management plan 
prepared under subparagraph (A) shall include 
plans for— 
(i) improving the interpretation of his-
toric events, activities, structures, and arti-
facts of the Historic Landscape, including 
with respect to the role of the Historic 
Landscape in local, national, and world 
history; 
(ii) conducting historic preservation 
and veteran outreach and engagement ac-
tivities; 
(iii) managing recreational opportuni-
ties, including the use and stewardship 
of— 
(I) the road and trail systems; 
and 
(II) 
dispersed 
recreation 
re-
sources; 
(iv) the conservation, protection, res-
toration, or enhancement of the scenic, wa-
tershed, and ecological resources of the 
Historic Landscape, including—
3350 
(I) conducting the restoration 
and enhancement project under sub-
section (d); 
(II) forest fuels, wildfire, and 
mitigation management; and 
(III) watershed health and pro-
tection; 
(v) environmental remediation and, 
consistent with subsection (e)(2), the re-
moval of unexploded ordnance; and 
(vi) managing the Historic Landscape 
in accordance with subsection (g). 
(3) EXPLOSIVE HAZARDS.—The Secretary shall 
provide to the Secretary of the Army a notification 
of any unexploded ordnance (as defined in section 
101(e) of title 10, United States Code) that is dis-
covered in the Historic Landscape. 
(d) CAMP HALE RESTORATION AND ENHANCEMENT 
PROJECT.— 
(1) IN GENERAL.—The Secretary shall conduct 
a restoration and enhancement project in the His-
toric Landscape— 
(A) to improve aquatic, riparian, and wet-
land conditions in and along the Eagle River 
and tributaries of the Eagle River;
3351 
(B) to maintain or improve recreation and 
interpretive opportunities and facilities; and 
(C) to conserve historic values in the Camp 
Hale area. 
(2) 
COORDINATION.—In 
carrying 
out 
the 
project described in paragraph (1), the Secretary 
shall coordinate with, and provide the opportunity to 
collaborate on the project to— 
(A) the Corps of Engineers; 
(B) the Camp Hale-Eagle River Head-
waters Collaborative Group; 
(C) the National Forest Foundation; 
(D) the Colorado Department of Public 
Health and Environment; 
(E) the Colorado State Historic Preserva-
tion Office; 
(F) the Colorado Department of Natural 
Resources; 
(G) units of local government; and 
(H) other interested organizations and 
members of the public. 
(e) ENVIRONMENTAL REMEDIATION.— 
(1) IN GENERAL.—The Secretary of the Army 
shall continue to carry out the projects and activities 
of the Department of the Army in existence on the
3352 
date of enactment of this Act relating to cleanup 
of— 
(A) the Camp Hale Formerly Used De-
fense Site; or 
(B) the Camp Hale historic cantonment 
area. 
(2) REMOVAL OF UNEXPLODED ORDNANCE.— 
(A) IN GENERAL.—The Secretary of the 
Army may remove unexploded ordnance (as de-
fined in section 101(e) of title 10, United 
States Code) from the Historic Landscape, as 
the Secretary of the Army determines to be ap-
propriate in accordance with applicable law (in-
cluding regulations). 
(B) ACTION ON RECEIPT OF NOTICE.—On 
receipt from the Secretary of a notification of 
unexploded ordnance under subsection (c)(3), 
the Secretary of the Army may remove the 
unexploded ordnance in accordance with— 
(i) the program for environmental res-
toration of formerly used defense sites 
under section 2701 of title 10, United 
States Code;
3353 
(ii) the Comprehensive Environmental 
Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.); and 
(iii) any other applicable provision of 
law (including regulations). 
(3) EFFECT OF SUBSECTION.—Nothing in this 
subsection modifies any obligation in existence on 
the date of enactment of this Act relating to envi-
ronmental remediation or removal of any unexploded 
ordnance located in or around the Camp Hale his-
toric cantonment area, the Camp Hale Formerly 
Used Defense Site, or the Historic Landscape, in-
cluding such an obligation under— 
(A) the program for environmental restora-
tion of formerly used defense sites under sec-
tion 2701 of title 10, United States Code; 
(B) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.); or 
(C) any other applicable provision of law 
(including regulations). 
(f) INTERAGENCY AGREEMENT.—As soon as prac-
ticable after the date of enactment of this Act, the Sec-
retary and the Secretary of the Army shall enter into an 
agreement—