2541 
(A) an unclassified report by the Director 
of National Intelligence on parties responsible 
for Khashoggi’s murder, a requirement ulti-
mately inserted into and passed as part of the 
National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92); 
(B) visa sanctions on all persons identified 
in such report; and 
(C) a report on human rights in Saudi 
Arabia. 
(5) On February 26, 2021, the Director of Na-
tional Intelligence released the report produced pur-
suant to congressional direction, which stated, ‘‘we 
assess that Saudi Arabia’s Crown Prince Muham-
mad bin Salman approved an operation in Istanbul, 
Turkey to capture or kill Saudi journalist Jamal 
Khashoggi.’’. The report also identified several indi-
viduals who ‘‘participated in, ordered, or were other-
wise complicit in or responsible for the death of 
Jamal Khashoggi on behalf of Muhammad bin 
Salman. We do not know whether these individuals 
knew in advance that the operation would result in 
Khashoggi’s death.’’. 
(6) Section 7031(c) of division K of the Con-
solidated Appropriations Act, 2021 states ‘‘Officials
2542 
of foreign governments and their immediate family 
members about whom the Secretary of State has 
credible information have been involved, directly or 
indirectly, 
in. . .a 
gross 
violation 
of 
human 
rights. . . shall be ineligible for entry into the 
United States.’’. 
(7) Section 6 of the Arms Export Control Act 
(22 U.S.C. 2756) provides that no letters of offer 
may be issued, no credits or guarantees may be ex-
tended, and no export licenses may be issued with 
respect to any country determined by the President 
to be engaged in a ‘‘consistent pattern of acts of in-
timidation or harassment directed against individ-
uals in the United States’’. 
(8) Section 502B of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2304) directs the President to 
formulate and conduct international security assist-
ance programs of the United States in a manner 
which will ‘‘promote and advance human rights and 
avoid identification of the United States, through 
such programs, with governments which deny to 
their people internationally recognized human rights 
and fundamental freedoms, in violation of inter-
national law or in contravention of the policy of the 
United States’’.
2543 
(9) Secretary of State Antony Blinken on Feb-
ruary 26, 2021, stated: ‘‘As a matter of safety for 
all within our borders, perpetrators targeting per-
ceived dissidents on behalf of any foreign govern-
ment should not be permitted to reach American 
soil. . . We have made absolutely clear that 
extraterritorial threats and assaults by Saudi Arabia 
against activists, dissidents, and journalists must 
end.’’. 
SEC. 6003. SANCTIONS WITH RESPECT TO FOREIGN PER-
SONS LISTED IN THE REPORT OF THE DIREC-
TOR OF NATIONAL INTELLIGENCE ON THE 
MURDER OF JAMAL KHASHOGGI. 
(a) IMPOSITION OF SANCTIONS.—On and after the 
date that is 60 days after the date of the enactment of 
this Act, the sanctions described in subsection (b) shall 
be imposed with respect to each foreign person listed in 
the Office of the Director of National Intelligence report 
titled ‘‘Assessing the Saudi Government’s Role in the Kill-
ing of Jamal Khashoggi’’, dated February 11, 2021. 
(b) SANCTIONS DESCRIBED.— 
(1) IN GENERAL.—The sanctions described in 
this subsection are the following: 
(A) INELIGIBILITY FOR VISAS AND ADMIS-
SION TO THE UNITED STATES.—
2544 
(i) Inadmissibility to the United 
States. 
(ii) Ineligibility to receive a visa or 
other documentation to enter the United 
States. 
(iii) Ineligibility to otherwise be ad-
mitted or paroled into the United States or 
to receive any other benefit under the Im-
migration and Nationality Act (8 U.S.C. 
110et seq.). 
(B) CURRENT VISAS REVOKED.— 
(i) Revocation of any visa or other 
entry documentation regardless of when 
the visa or other entry documentation is or 
was issued. 
(ii) A revocation under clause (i) 
shall— 
(I) take effect immediately; and 
(II) automatically cancel any 
other valid visa or entry documenta-
tion that is in the foreign person’s 
possession. 
(2) EXCEPTION
TO
COMPLY
WITH
INTER-
NATIONAL
OBLIGATIONS.—Sanctions under para-
graph (1) shall not apply with respect to a foreign
2545 
person if admitting or paroling the person into the 
United States is necessary to permit the United 
States to comply with the Agreement regarding the 
Headquarters of the United Nations, signed at Lake 
Success June 26, 1947, and entered into force No-
vember 21, 1947, between the United Nations and 
the United States, or other applicable international 
obligations. 
(3) WAIVER IN THE INTEREST OF NATIONAL 
SECURITY.—The President may waive for an indi-
vidual entry into the United States the application 
of this section with respect to a foreign person who 
is A-1 visa eligible and who is present in or seeking 
admission into the United States for purposes of of-
ficial business if the President determines and trans-
mits to the appropriate congressional committees an 
unclassified written notice and justification not later 
than 15 days before the granting of such waiver, 
that such a waiver is in the national security inter-
ests of the United States. 
(c) SUSPENSION OF SANCTIONS.— 
(1) IN GENERAL.—The President may suspend 
in whole or in part the imposition of sanctions other-
wise required under this section if the President cer-
tifies to the appropriate congressional committees
2546 
that the following criteria have been met in Saudi 
Arabia: 
(A) The Government of Saudi Arabia is 
not arbitrarily detaining citizens or legal resi-
dents of the United States for arbitrary polit-
ical reasons, including criticism of Saudi gov-
ernment policies, peaceful advocacy of political 
beliefs, or the pursuit of United States citizen-
ship. 
(B) The Government of Saudi Arabia is 
cooperating in outstanding criminal proceedings 
in the United States in which a Saudi citizen or 
national departed from the United States while 
the citizen or national was awaiting trial or sen-
tencing for a criminal offense committed in the 
United States. 
(C) The Government of Saudi Arabia has 
made significant numerical reductions in indi-
viduals detained for peaceful political reasons, 
including activists, journalists, bloggers, law-
yers, or critics. 
(D) The Government of Saudi Arabia has 
disbanded any units of its intelligence or secu-
rity apparatus dedicated to the forced repatri-
2547 
ation of dissidents or critical voices in other 
countries. 
(E) The Government of Saudi Arabia has 
made meaningful public commitments to uphold 
internationally recognized standards governing 
the use, sale, and transfer of digital surveillance 
items and services that can be used to abuse 
human rights. 
(F) The Government of Saudi Arabia has 
instituted meaningful legal reforms to protect 
the rights of women, the rights of freedom of 
expression and religion, and due process in its 
judicial system. 
(2) REPORT.—Accompanying the certification 
described in paragraph (1), the President shall sub-
mit to the appropriate congressional committees a 
report that contains a detailed description of Saudi 
Arabia’s adherence to the criteria described in the 
certification. 
(d) DEFINITIONS.—In this section: 
(1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 
and ‘‘alien’’ have the meanings given those terms in 
section 101 of the Immigration and Nationality Act 
(8 U.S.C. 1101).
2548 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs, the 
Committee on the Judiciary, and the Perma-
nent Select Committee on Intelligence of the 
House of Representatives; and 
(B) the Committee on Foreign Relations, 
the Committee on the Judiciary, and the Select 
Committee on Intelligence of the Senate. 
(3) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ has the meaning given such term in section 
595.304 of title 31, Code of Federal Regulations (as 
in effect on the day before the date of the enactment 
of this Act), except that such term does not include 
an entity (as such term is described in such section). 
(4) FOREIGN PERSON WHO IS A-1 VISA ELIGI-
BLE.—The term ‘‘foreign person who is A-1 visa eli-
gible’’ 
means 
an 
alien 
described 
in 
section 
101(a)(15)(A)(i) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(A)(i)). 
(5) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means—
2549 
(A) a United States citizen or an alien law-
fully admitted for permanent residence to the 
United States; or 
(B) an entity organized under the laws of 
the United States or any jurisdiction within the 
United States, including a foreign branch of 
such an entity. 
SEC. 6004. REPORT ON INTIMIDATION OR HARASSMENT DI-
RECTED 
AGAINST 
INDIVIDUALS 
IN 
THE 
UNITED STATES AND OTHER MATTERS. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, and annually thereafter, 
the Secretary of State, in consultation with the Director 
of National Intelligence and the Director of the Federal 
Bureau of Investigation, shall submit to the appropriate 
congressional committees a report identifying any entities, 
instrumentalities, or agents of the Government of Saudi 
Arabia engaged in ‘‘a consistent pattern of acts of intimi-
dation or harassment directed against individuals in the 
United States’’ pursuant to section 6 of the Arms Export 
Control Act (22 U.S.C. 2756). 
(b) MATTERS TO BE INCLUDED.—The report re-
quired by subsection (a) shall include the following: 
(1) A detailed description of such acts in the 
preceding period.
2550 
(2) A certification of whether such acts during 
the preceding period constitute a ‘‘consistent pattern 
of acts of intimidation or harassment directed 
against individuals in the United States’’ pursuant 
to section 6 of the Arms Export Control Act (22 
U.S.C. 2756). 
(3) A determination of whether any United 
States-origin defense articles were used in the com-
mission of such acts. 
(4) A determination of whether entities, instru-
mentalities, or agents of the Government of Saudi 
Arabia supported or received support from foreign 
governments, including China, in the commission of 
such acts. 
(5) Any actions taken by the United States 
Government to deter incidents of intimidation or 
harassment directed against individuals in the 
United States. 
(c) FORM.—The report required by subsection (a) 
shall be submitted in unclassified form, but may contain 
a classified annex. 
(d) SUNSET.—This section shall terminate on the 
date that is 5 years after the date of the enactment of 
this Act.
2551 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Foreign Affairs, the 
Committee on Armed Services, and the Permanent 
Select Committee on Intelligence of the House of 
Representatives; and 
(2) the Committee on Foreign Relations, the 
Committee on Armed Services, and the Select Com-
mittee on Intelligence of the Senate. 
SEC. 6005. REPORT ON EFFORTS TO UPHOLD HUMAN 
RIGHTS IN UNITED STATES SECURITY ASSIST-
ANCE PROGRAMS WITH THE GOVERNMENT 
OF SAUDI ARABIA. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of State shall submit to 
the Committee on Foreign Affairs of the House of Rep-
resentative and the Committee on Foreign Relations of the 
Senate a report on efforts of the Department of State to 
ensure that United States security assistance programs 
with Saudi Arabia are formulated in a manner that will 
‘‘avoid identification of the United States, through such 
programs, with governments which deny to their people 
internationally recognized human rights and fundamental
2552 
freedoms’’ in accordance with section 502B of the Foreign 
Assistance Act (22 U.S.C. 2304). 
SEC. 6006. REPORT ON CERTAIN ENTITIES CONNECTED TO 
FOREIGN PERSONS ON THE MURDER OF 
JAMAL KHASHOGGI. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of State, 
in consultation with the heads of appropriate agencies, 
shall submit to the appropriate congressional committees 
a report on private, commercial, and nongovernmental en-
tities, including non-profit foundations, controlled in whole 
or in part by any foreign person named in the Office of 
the Director of National Intelligence report titled ‘‘Assess-
ing the Saudi Government’s Role in the Killing of Jamal 
Khashoggi’’, dated February 11, 2021. 
(b) MATTERS TO BE INCLUDED.—The report re-
quired by subsection (a) shall include the following: 
(1) A description of such entities. 
(2) A detailed assessment, based in part on 
credible open sources and other publicly-available in-
formation, of the roles, if any, such entities played 
in the murder of Jamal Khashoggi or any other 
gross violations of internationally recognized human 
rights.
2553 
(3) A certification of whether any such entity is 
subject to sanctions pursuant to the Global 
Magnitsky Human Rights Accountability Act (22 
U.S.C. 2656 note). 
(c) FORM.—The report required by subsection (a) 
shall be submitted in unclassified form, but may include 
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. 
TITLE LXI—PREVENTING 
FUTURE PANDEMICS 
SEC. 6101. WILDLIFE MARKET DEFINED. 
In this Act, the term ‘‘wildlife market’’— 
(1) means a commercial market that— 
(A) sells or slaughters terrestrial, including 
avian, wildlife for human consumption as food 
or medicine, whether the animals originated in 
the wild or in a captive environment; and
2554 
(B) delivers a product in communities 
where alternative nutritional or protein sources 
are available; and 
(2) does not include markets in areas where no 
other practical alternative sources of protein or meat 
exists, such as wildlife markets in rural areas on 
which indigenous people rely to feed themselves and 
their families. 
SEC. 6102. INTERNATIONAL COOPERATION. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that global institutions, including the Food and Ag-
riculture Organization of the United Nations (FAO), the 
World Organisation for Animal Health (OIE), and the 
World Health Organization (WHO), together with leading 
nongovernmental organizations, veterinary colleges, and 
the United States Agency for International Development 
(USAID), should promote the paradigm of One Health— 
the integration of human health, animal health, agri-
culture, ecosystems, and the environment as an effective 
and integrated way to address the complexity of emerging 
disease threats. 
(b) STATEMENT OF POLICY.—It is the policy of the 
United States to facilitate international cooperation by 
working with international partners and through intergov-
2555 
ernmental, international, and nongovernmental organiza-
tions such as the United Nations to— 
(1) lead a resolution at the United Nations Se-
curity Council or General Assembly and World 
Health Assembly outlining the danger to human and 
animal health from emerging zoonotic infectious dis-
eases, with recommendations for implementing the 
worldwide closure of wildlife markets and the ending 
of the associated commercial trade of terrestrial 
wildlife that feed and supply those markets, except 
for in such countries or regions where the consump-
tion of wildlife is necessary for local food security or 
where such actions would significantly disrupt a 
readily available and irreplaceable food supply; 
(2) work with governments through existing 
treaties and the United Nations to develop a new 
protocol or agreement, and amend existing protocols 
or agreements, regarding stopping deforestation and 
other ecosystem destruction, closing commercial 
wildlife markets for human consumption, and end 
the associated commercial trade of terrestrial wildlife 
that feed and supply those markets while ensuring 
full consideration to the needs and rights of indige-
nous peoples and local communities that are depend-
2556 
ent on wildlife for their food security, national sov-
ereignty, and local laws and customs; 
(3) disrupt and ultimately end the commercial 
international trade in terrestrial wildlife associated 
with wildlife markets and eliminate commercial wild-
life markets; 
(4) disrupt and ultimately eliminate wildlife 
trafficking associated with the operation of wildlife 
markets; 
(5) raise awareness on the dangerous potential 
of wildlife markets as a source of zoonotic diseases 
such as the novel coronavirus that causes the disease 
COVID–19 and reduce demand for the consumption 
of wildlife through evidence-based behavior change 
programs while ensuring that existing wildlife habi-
tat is not encroached upon or destroyed as part of 
this process; 
(6) encourage and support alternate forms of 
food production, farming, and shifts to domestic 
animal- or plant-source foods instead of terrestrial 
wildlife where able and appropriate, and reduce con-
sumer demand for terrestrial wildlife through en-
hanced local and national food systems, especially in 
areas where wildlife markets play a significant role 
in meeting subsistence needs while ensuring that ex-
2557 
isting wildlife habitat is not encroached upon or de-
stroyed as part of this process; and 
(7) strive to increase hygienic standards imple-
mented in markets around the globe, especially those 
specializing in the sale of products intended for 
human consumption. 
(c) ACTIVITIES.— 
(1) GLOBAL
PROHIBITIONS
AND
ENFORCE-
MENT.—The United States Government, working 
through the United Nations and its components, as 
well as international organization such as Interpol 
and the World Organisation for Animal Health, and 
in furtherance of the policies described in subsection 
(b), shall— 
(A) collaboratively with other member 
states, issue declarations, statements, and com-
muniques urging a global ban on commercial 
wildlife markets and trade for human consump-
tion; and 
(B) urge increased enforcement of existing 
laws to end wildlife trafficking. 
(2) INTERNATIONAL
COALITIONS.—The Sec-
retary of State shall seek to build international coali-
tions focused on ending commercial wildlife markets 
for human consumption and associated wildlife trade
2558 
which feeds and supplies said markets, with a focus 
on the following efforts: 
(A) Providing assistance and advice to 
other governments in the adoption of legislation 
and regulations to close wildlife markets and 
trade for human consumption. 
(B) Creating economic pressure on wildlife 
markets and their supply chains to prevent 
their operation. 
(C) Providing assistance and guidance to 
other governments to prohibit the import, ex-
port, and domestic trade of live terrestrial wild-
life for the purpose of human consumption. 
(D) Engaging and receiving guidance from 
key stakeholders at the ministerial, local gov-
ernment, and civil society level in countries that 
will be impacted by this Act and where wildlife 
markets and associated wildlife trafficking is 
the predominant source of meat or protein, in 
order to mitigate the impact of any inter-
national efforts on local customs, conservation 
methods, or cultural norms. 
(d) UNITED STATES AGENCY FOR INTERNATIONAL 
DEVELOPMENT.— 
(1) SUSTAINABLE FOOD SYSTEMS FUNDING.—
2559 
(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to any other amounts pro-
vided for such purposes, there is authorized to 
be appropriated $300,000,000 for each fiscal 
year from 2021 through 2030 to the United 
States Agency for International Development to 
reduce demand for consumption of wildlife from 
wildlife markets and support shifts to diversi-
fied alternative sources of food and protein in 
communities that rely upon the consumption of 
wildlife for food security while ensuring that ex-
isting wildlife habitat is not encroached upon or 
destroyed as part of this process. 
(B) ACTIVITIES.—The Bureau for Eco-
nomic Growth, Education, and Environment, 
the Bureau for Resilience and Food Security, 
and the Bureau for Global Health of the United 
States Agency for International Development 
shall, in partnership with United States institu-
tions of higher education and nongovernmental 
organizations, co-develop approaches focused on 
safe, sustainable food systems that support and 
incentivize the replacement of terrestrial wildlife 
in diets while ensuring that existing wildlife
2560 
habitat is not encroached upon or destroyed as 
part of this process. 
(2) ADDRESSING
THREATS
AND
CAUSES
OF 
ZOONOTIC
DISEASE
OUTBREAKS.—The Adminis-
trator of the United States Agency for International 
Development shall increase activities in USAID pro-
grams related to biodiversity, wildlife trafficking, 
sustainable landscape, global health, food security, 
and resilience in order to address the threats and 
causes of zoonotic disease outbreaks, including 
through— 
(A) education; 
(B) capacity building; 
(C) strengthening human health surveil-
lance systems for emergence of zoonotic disease, 
and strengthening cross-sectoral collaboration 
to align risk reduction approaches; 
(D) improved domestic and wild animal 
disease surveillance and control at production 
and market levels; 
(E) development of alternative livelihood 
opportunities where possible; 
(F) conservation of intact ecosystems and 
reduction of fragmentation and conversion of
2561 
natural habitats to prevent the creation of new 
pathways for zoonotic disease transmission; 
(G) minimizing interactions between do-
mestic livestock and wild animals in markets 
and captive production; and 
(H) supporting shifts from wildlife markets 
to diversified, safe, affordable, and accessible 
protein such as domestic animal- and plant- 
source foods through enhanced local and na-
tional food systems while ensuring that existing 
wildlife habitat is not encroached upon or de-
stroyed as part of this process. 
(3) IMMEDIATE RELIEF FUNDING TO STABILIZE 
PROTECTED
AREAS.—The Administrator of the 
United States Agency for International Development 
shall administer immediate relief funding to stabilize 
protected areas and conservancies. 
(e) STAFFING REQUIREMENTS.— 
(1) OFFICE OF TERRORISM AND FINANCIAL IN-
TELLIGENCE.—The Under Secretary of the Treas-
ury for Terrorism and Financial Intelligence is en-
couraged to hire additional investigators to bolster 
capacity for investigations focused on individuals en-
gaged in the activities described in subsection (c).
2562 
(2) UNITED
STATES
AGENCY
FOR
INTER-
NATIONAL
DEVELOPMENT.—The Administrator of 
the United States Agency for International Develop-
ment, in collaboration with the United States Fish 
and Wildlife Service, the United States Department 
of Agriculture Animal and Plant Health Inspection 
Service, and other Federal entities as appropriate, is 
authorized to hire additional personnel— 
(A) to undertake programs aimed at reduc-
ing the risks of endemic and emerging infec-
tious diseases and exposure to antimicrobial re-
sistant pathogens; 
(B) to provide administrative support and 
resources to ensure effective and efficient co-
ordination of funding opportunities and sharing 
of expertise from relevant USAID bureaus and 
programs, 
including 
emerging 
pandemic 
threats; 
(C) to award funding to on-the-ground 
projects; 
(D) to provide project oversight to ensure 
accountability and transparency in all phases of 
the award process; and 
(E) to undertake additional activities 
under this Act.
2563 
(f) REPORTING REQUIREMENTS.— 
(1) DEPARTMENT OF STATE.—Not later than 
180 days after the date of the enactment of this Act, 
and annually thereafter until 2030, the Secretary of 
State shall submit to the appropriate congressional 
committees a report describing— 
(A) the actions taken pursuant to this Act; 
(B) the impact and effectiveness of inter-
national cooperation on ending the use and op-
eration of wildlife markets; 
(C) the impact and effectiveness of inter-
national cooperation on ending wildlife traf-
ficking associated with wildlife markets; and 
(D) the impact and effectiveness of inter-
national cooperation on ending the international 
trade in live terrestrial wildlife for human con-
sumption as food or medicine. 
(2) UNITED
STATES
AGENCY
FOR
INTER-
NATIONAL DEVELOPMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Ad-
ministrator of the United States Agency for Inter-
national Development shall submit to the appro-
priate congressional committees a report— 
(A) describing the actions taken pursuant 
to this Act;
2564 
(B) describing the impact and effectiveness 
of reducing demand for consumption of wildlife 
and associated wildlife markets; 
(C) 
summarizing 
additional 
personnel 
hired with funding authorized under this Act, 
including the number hired in each bureau; and 
(D) describing partnerships developed with 
other institutions of higher learning and non-
governmental organizations. 
TITLE 
LXII—DEPARTMENT 
OF 
HOMELAND SECURITY MEAS-
URES 
Subtitle A—DHS Headquarters, Re-
search and Development, and 
Related Matters 
SEC. 6201. CHIEF HUMAN CAPITAL OFFICER RESPONSIBIL-
ITIES. 
Section 704 of the Homeland Security Act of 2002 
(6 U.S.C. 344) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘, including with re-
spect to leader development and employee 
engagement,’’ after ‘‘policies’’;
2565 
(ii) by striking ‘‘and in line’’ and in-
serting ‘‘, in line’’; and 
(iii) by inserting ‘‘and informed by 
best practices within the Federal Govern-
ment and the private sector,’’ after ‘‘prior-
ities,’’; 
(B) in paragraph (2), by striking ‘‘develop 
performance measures to provide a basis for 
monitoring and evaluating’’ and inserting ‘‘use 
performance measures to evaluate, on an ongo-
ing basis,’’; 
(C) in paragraph (3), by inserting ‘‘that, 
to the extent practicable, are informed by em-
ployee feedback’’ after ‘‘policies’’; 
(D) in paragraph (4), by inserting ‘‘includ-
ing leader development and employee engage-
ment programs,’’ before ‘‘in coordination’’; 
(E) in paragraph (5), by inserting before 
the semicolon at the end the following: ‘‘that is 
informed by an assessment, carried out by the 
Chief Human Capital Officer, of the learning 
and developmental needs of employees in super-
visory and nonsupervisory roles across the De-
partment and appropriate workforce planning 
initiatives’’;
2566 
(F) by redesignating paragraphs (9) and 
(10) as paragraphs (13) and (14), respectively; 
and 
(G) by inserting after paragraph (8) the 
following new paragraphs: 
‘‘(9) maintain a catalogue of available employee 
development opportunities, including the Homeland 
Security Rotation Program pursuant to section 844, 
departmental 
leadership 
development 
programs, 
interagency development programs, and other rota-
tional programs; 
‘‘(10) ensure that employee discipline and ad-
verse action programs comply with the requirements 
of all pertinent laws, rules, regulations, and Federal 
guidance, and ensure due process for employees; 
‘‘(11) analyze each Department or Government- 
wide Federal workforce satisfaction or morale survey 
not later than 90 days after the date of the publica-
tion of each such survey and submit to the Secretary 
such analysis, including, as appropriate, rec-
ommendations to improve workforce satisfaction or 
morale within the Department; 
‘‘(12) review and approve all component em-
ployee engagement action plans to ensure such plans 
include initiatives responsive to the root cause of em-
2567 
ployee engagement challenges, as well as outcome- 
based performance measures and targets to track 
the progress of such initiatives;’’; 
(2) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; 
(3) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) CHIEF LEARNING
AND ENGAGEMENT OFFI-
CER.—The Chief Human Capital Officer may designate 
an employee of the Department to serve as a Chief Learn-
ing and Engagement Officer to assist the Chief Human 
Capital Officer in carrying out this section.’’; and 
(4) in subsection (e), as so redesignated— 
(A) by redesignating paragraphs (2), (3), 
and (4) as paragraphs (5), (6), and (7), respec-
tively; and 
(B) by inserting after paragraph (1) the 
following new paragraphs: 
‘‘(2) information on employee development op-
portunities catalogued pursuant to paragraph (9) of 
subsection (b) and any available data on participa-
tion rates, attrition rates, and impacts on retention 
and employee satisfaction;
2568 
‘‘(3) information on the progress of Depart-
mentwide strategic workforce planning efforts as de-
termined under paragraph (2) of subsection (b); 
‘‘(4) information on the activities of the steer-
ing committee established pursuant to section 
711(a), including the number of meetings, types of 
materials developed and distributed, and rec-
ommendations made to the Secretary;’’. 
SEC. 6202. EMPLOYEE ENGAGEMENT STEERING COM-
MITTEE AND ACTION PLAN. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 711. EMPLOYEE ENGAGEMENT. 
‘‘(a) STEERING COMMITTEE.—Not later than 120 
days after the date of the enactment of this section, the 
Secretary shall establish an employee engagement steering 
committee, including representatives from operational 
components, headquarters, and field personnel, including 
supervisory and nonsupervisory personnel, and employee 
labor organizations that represent Department employees, 
and chaired by the Under Secretary for Management, to 
carry out the following activities: 
‘‘(1) Identify factors that have a negative im-
pact on employee engagement, morale, and commu-
2569 
nications within the Department, such as percep-
tions about limitations on career progression, mobil-
ity, or development opportunities, collected through 
employee feedback platforms, including through an-
nual employee surveys, questionnaires, and other 
communications, as appropriate. 
‘‘(2) Identify, develop, and distribute initiatives 
and best practices to improve employee engagement, 
morale, and communications within the Department, 
including through annual employee surveys, ques-
tionnaires, and other communications, as appro-
priate. 
‘‘(3) Monitor efforts of each component to ad-
dress employee engagement, morale, and commu-
nications based on employee feedback provided 
through annual employee surveys, questionnaires, 
and other communications, as appropriate. 
‘‘(4) Advise the Secretary on efforts to improve 
employee engagement, morale, and communications 
within specific components and across the Depart-
ment. 
‘‘(5) Conduct regular meetings and report, not 
less than once per quarter, to the Under Secretary 
for Management, the head of each component, and
2570 
the Secretary on Departmentwide efforts to improve 
employee engagement, morale, and communications. 
‘‘(b) ACTION PLAN; REPORTING.—The Secretary, 
acting through the Chief Human Capital Officer, shall— 
‘‘(1) not later than 120 days after the date of 
the establishment of the employee engagement steer-
ing committee under subsection (a), issue a Depart-
mentwide employee engagement action plan, reflect-
ing input from the steering committee and employee 
feedback provided through annual employee surveys, 
questionnaires, and other communications in accord-
ance with paragraph (1) of such subsection, to exe-
cute strategies to improve employee engagement, 
morale, and communications within the Department; 
and 
‘‘(2) require the head of each component to— 
‘‘(A) develop and implement a component- 
specific employee engagement plan to advance 
the action plan required under paragraph (1) 
that includes performance measures and objec-
tives, is informed by employee feedback pro-
vided through annual employee surveys, ques-
tionnaires, and other communications, as appro-
priate, and sets forth how employees and, where 
applicable, their labor representatives are to be
2571 
integrated in developing programs and initia-
tives; 
‘‘(B) monitor progress on implementation 
of such action plan; and 
‘‘(C) provide to the Chief Human Capital 
Officer and the steering committee quarterly re-
ports on actions planned and progress made 
under this paragraph. 
‘‘(c) NONAPPLICABILITY
OF FACA.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the steering committee and its subcommittees. 
‘‘(d) TERMINATION.—This section shall terminate on 
the date that is five years after the date of the enactment 
of this section.’’. 
(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 
710 the following new item: 
‘‘Sec. 711. Employee engagement.’’. 
(c) SUBMISSIONS TO CONGRESS.— 
(1) DEPARTMENTWIDE
EMPLOYEE
ENGAGE-
MENT ACTION PLAN.—The Secretary of Homeland 
Security, acting through the Chief Human Capital 
Officer of the Department of Homeland Security, 
shall submit to the Committee on Homeland Secu-
rity of the House of Representatives and the Com-
2572 
mittee on Homeland Security and Governmental Af-
fairs of the Senate the Departmentwide employee 
engagement action plan required under subsection 
(b)(1) of section 711 of the Homeland Security Act 
of 2002 (as added by subsection (a) of this section) 
not later than 30 days after the issuance of such 
plan under such subsection (b)(1). 
(2) COMPONENT-SPECIFIC EMPLOYEE ENGAGE-
MENT PLANS.—Each head of a component of the 
Department 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 Senate the 
component-specific employee engagement plan of 
each such component required under subsection 
(b)(2) of section 711 of the Homeland Security Act 
of 2002 not later than 30 days after the issuance of 
each such plan under such subsection (b)(2). 
SEC. 6203. ANNUAL EMPLOYEE AWARD PROGRAM. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.), as amended by 
section 5302 of this Act, is further amended by adding 
at the end the following new section:
2573 
‘‘SEC. 712. ANNUAL EMPLOYEE AWARD PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary may establish an 
annual employee award program to recognize Department 
employees or groups of employees for significant contribu-
tions to the achievement of the Department’s goals and 
missions. If such a program is established, the Secretary 
shall— 
‘‘(1) establish within such program categories 
of awards, each with specific criteria, that emphasize 
honoring employees who are at the nonsupervisory 
level; 
‘‘(2) publicize within the Department how any 
employee or group of employees may be nominated 
for an award; 
‘‘(3) establish an internal review board com-
prised of representatives from Department compo-
nents, headquarters, and field personnel to submit to 
the Secretary award recommendations regarding 
specific employees or groups of employees; 
‘‘(4) select recipients from the pool of nominees 
submitted by the internal review board under para-
graph (3) and convene a ceremony at which employ-
ees or groups of employees receive such awards from 
the Secretary; and 
‘‘(5) publicize such program within the Depart-
ment.
2574 
‘‘(b) INTERNAL REVIEW BOARD.—The internal re-
view board described in subsection (a)(3) shall, when car-
rying out its function under such subsection, consult with 
representatives from operational components and head-
quarters, including supervisory and nonsupervisory per-
sonnel, and employee labor organizations that represent 
Department employees. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to authorize additional funds to 
carry out the requirements of this section or to require 
the Secretary to provide monetary bonuses to recipients 
of an award under this section.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by section 6302 of this Act, is further amended 
by inserting after the item relating to section 711 the fol-
lowing new item: 
‘‘Sec. 712. Annual employee award program.’’. 
SEC. 6204. INDEPENDENT INVESTIGATION AND IMPLEMEN-
TATION PLAN. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall investigate whether the applica-
tion in the Department of Homeland Security of discipline 
and adverse actions are administered in an equitable and 
consistent manner that results in the same or substantially
2575 
similar disciplinary outcomes across the Department for 
misconduct by a nonsupervisory or supervisor employee 
who engaged in the same or substantially similar mis-
conduct. 
(b) CONSULTATION.—In carrying out the investiga-
tion described in subsection (a), the Comptroller General 
of the United States shall consult with the Under Sec-
retary for Management of the Department of Homeland 
Security and the employee engagement steering committee 
established pursuant to subsection (b)(1) of section 711 
of the Homeland Security Act of 2002 (as added by sec-
tion 5302(a) of this Act). 
(c) ACTION BY UNDER SECRETARY FOR MANAGE-
MENT.—Upon completion of the investigation described in 
subsection (a), the Under Secretary for Management of 
the Department of Homeland Security shall review the 
findings and recommendations of such investigation and 
implement a plan, in consultation with the employee en-
gagement steering committee established pursuant to sub-
section (b)(1) of section 711 of the Homeland Security 
Act of 2002, to correct any relevant deficiencies identified 
by the Comptroller General of the United States in such 
investigation. The Under Secretary for Management shall 
direct the employee engagement steering committee to re-
2576 
view such plan to inform committee activities and action 
plans authorized under such section 711. 
SEC. 6205. IMPACTS OF SHUTDOWN. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
report to the Committee on Homeland Security of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate re-
garding the direct and indirect impacts of the lapse in ap-
propriations between December 22, 2018, and January 
25, 2019, on— 
(1) Department of Homeland Security human 
resources operations; 
(2) the Department’s ability to meet hiring 
benchmarks; and 
(3) retention, attrition, and morale of Depart-
ment personnel. 
SEC. 6206. TECHNICAL CORRECTIONS TO QUADRENNIAL 
HOMELAND SECURITY REVIEW. 
(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)— 
(A) in subparagraph (B), by striking 
‘‘and’’ after the semicolon at the end;
2577 
(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’’; 
(C) in paragraph (4)—
2578 
(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)—
2579 
(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;
2580 
(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.
2581 
‘‘(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
2582 
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 section shall apply with respect to a quadrennial 
homeland security review conducted after December 31, 
2021. 
SEC. 6207. AUTHORIZATION OF THE ACQUISITION PROFES-
SIONAL CAREER PROGRAM. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.), as amended by 
section 5304 of this Act, is further amended by adding 
at the end the following new section: 
‘‘SEC. 713. ACQUISITION PROFESSIONAL CAREER PRO-
GRAM. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department an acquisition professional career program to 
develop a cadre of acquisition professionals within the De-
partment. 
‘‘(b) ADMINISTRATION.—The Under Secretary for 
Management shall administer the acquisition professional 
career program established pursuant to subsection (a).
2583 
‘‘(c) PROGRAM REQUIREMENTS.—The Under Sec-
retary for Management shall carry out the following with 
respect to the acquisition professional career program. 
‘‘(1) Designate the occupational series, grades, 
and number of acquisition positions throughout the 
Department to be included in the program and man-
age centrally such positions. 
‘‘(2) Establish and publish on the Department’s 
website eligibility criteria for candidates to partici-
pate in the program. 
‘‘(3) Carry out recruitment efforts to attract 
candidates— 
‘‘(A) from institutions of higher education, 
including such institutions with established ac-
quisition specialties and courses of study, his-
torically Black colleges and universities, and 
Hispanic-serving institutions; 
‘‘(B) with diverse work experience outside 
of the Federal Government; or 
‘‘(C) with military service. 
‘‘(4) Hire eligible candidates for designated po-
sitions under the program. 
‘‘(5) Develop a structured program comprised 
of acquisition training, on-the-job experience, De-
partmentwide rotations, mentorship, shadowing, and
2584 
other career development opportunities for program 
participants. 
‘‘(6) Provide, beyond required training estab-
lished for program participants, additional special-
ized acquisition training, including small business 
contracting and innovative acquisition techniques 
training. 
‘‘(d) REPORTS.—Not later than December 31, 2021, 
and annually thereafter through 2027, the Secretary shall 
submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate a 
report on the acquisition professional career program. 
Each such report shall include the following information: 
‘‘(1) The number of candidates approved for 
the program. 
‘‘(2) The number of candidates who commenced 
participation in the program, including generalized 
information on such candidates’ backgrounds with 
respect to education and prior work experience, but 
not including personally identifiable information. 
‘‘(3) A breakdown of the number of partici-
pants hired under the program by type of acquisition 
position.
2585 
‘‘(4) A list of Department components and of-
fices that participated in the program and informa-
tion regarding length of time of each program par-
ticipant in each rotation at such components or of-
fices. 
‘‘(5) Program attrition rates and postprogram 
graduation retention data, including information on 
how such data compare to the prior year’s data, as 
available. 
‘‘(6) The Department’s recruiting efforts for 
the program. 
‘‘(7) The Department’s efforts to promote re-
tention of program participants. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) 
HISPANIC-SERVING
INSTITUTION.—The 
term ‘Hispanic-serving institution’ has the meaning 
given such term in section 502 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1101a). 
‘‘(2) HISTORICALLY
BLACK
COLLEGES
AND 
UNIVERSITIES.—The term ‘historically Black col-
leges and universities’ has the meaning given the 
term ‘part B institution’ in section 322(2) of Higher 
Education Act of 1965 (20 U.S.C. 1061(2)). 
‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the
2586 
meaning given such term in section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by section 5403 of this Act, is further amended 
by inserting after the item relating to section 712 the fol-
lowing new item: 
‘‘Sec. 713. Acquisition professional career program.’’. 
SEC. 6208. NATIONAL URBAN SECURITY TECHNOLOGY LAB-
ORATORY. 
(a) IN GENERAL.—Title III of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 322. NATIONAL URBAN SECURITY TECHNOLOGY LAB-
ORATORY. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Under Secretary for Science and Technology, shall 
designate the laboratory described in subsection (b) as an 
additional laboratory pursuant to the authority under sec-
tion 308(c)(2). Such laboratory shall be used to test and 
evaluate emerging technologies and conduct research and 
development to assist emergency response providers in 
preparing for, and protecting against, threats of terrorism. 
‘‘(b) LABORATORY DESCRIBED.—The laboratory de-
scribed in this subsection is the laboratory—
2587 
‘‘(1) known, as of the date of the enactment of 
this section, as the National Urban Security Tech-
nology Laboratory; and 
‘‘(2) transferred to the Department pursuant to 
section 303(1)(E). 
‘‘(c) LABORATORY ACTIVITIES.—The National Urban 
Security Technology Laboratory shall— 
‘‘(1) conduct tests, evaluations, and assess-
ments of current and emerging technologies, includ-
ing, as appropriate, the cybersecurity of such tech-
nologies that can connect to the internet, for emer-
gency response providers; 
‘‘(2) act as a technical advisor to emergency re-
sponse providers; and 
‘‘(3) carry out other such activities as the Sec-
retary determines appropriate. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as affecting in any manner the au-
thorities or responsibilities of the Countering Weapons of 
Mass Destruction Office of the Department.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by section 5407 of this Act, is further amended 
by inserting after the item relating to section 321 the fol-
lowing new item: 
‘‘Sec. 322. National Urban Security Technology Laboratory.’’.
2588 
SEC. 6209. DEPARTMENT OF HOMELAND SECURITY BLUE 
CAMPAIGN ENHANCEMENT. 
Section 434 of the Homeland Security Act of 2002 
(6 U.S.C. 242) is amended— 
(1) in subsection (e)(6), by striking ‘‘utilizing 
resources,’’ and inserting ‘‘developing and utilizing, 
in consultation with the Advisory Board established 
pursuant to subsection (g), resources’’; and 
(2) by adding at the end the following new sub-
sections: 
‘‘(f) WEB-BASED TRAINING PROGRAMS.—To en-
hance training opportunities, the Director of the Blue 
Campaign shall develop web-based interactive training vid-
eos that utilize a learning management system to provide 
online training opportunities that shall be made available 
to the following individuals: 
‘‘(1) Federal, State, local, Tribal, and territorial 
law enforcement officers. 
‘‘(2) Non-Federal correction system personnel. 
‘‘(3) Such other individuals as the Director de-
termines appropriate. 
‘‘(g) BLUE CAMPAIGN ADVISORY BOARD.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish within the Department a Blue Campaign Advi-
sory Board and shall assign to such Board a rep-
resentative from each of the following components:
2589 
‘‘(A) The Transportation Security Admin-
istration. 
‘‘(B) U.S. Customs and Border Protection. 
‘‘(C) U.S. Immigration and Customs En-
forcement. 
‘‘(D) The Federal Law Enforcement 
Training Center. 
‘‘(E) The United States Secret Service. 
‘‘(F) The Office for Civil Rights and Civil 
Liberties. 
‘‘(G) The Privacy Office. 
‘‘(H) Any other components or offices the 
Secretary determines appropriate. 
‘‘(2) CHARTER.—The Secretary is authorized to 
issue a charter for the Board, and such charter shall 
specify the following: 
‘‘(A) The Board’s mission, goals, and 
scope of its activities. 
‘‘(B) The duties of the Board’s representa-
tives. 
‘‘(C) The frequency of the Board’s meet-
ings. 
‘‘(3) CONSULTATION.—The Director shall con-
sult the Board established pursuant to paragraph 
(1) regarding the following:
2590 
‘‘(A) Recruitment tactics used by human 
traffickers to inform the development of train-
ing and materials by the Blue Campaign. 
‘‘(B) The development of effective aware-
ness tools for distribution to Federal and non- 
Federal officials to identify and prevent in-
stances of human trafficking. 
‘‘(C) Identification of additional persons or 
entities that may be uniquely positioned to rec-
ognize signs of human trafficking and the devel-
opment of materials for such persons. 
‘‘(4) APPLICABILITY.—The Federal Advisory 
Committee Act (5 U.S.C. App.) does not apply to— 
‘‘(A) the Board; or 
‘‘(B) consultations under paragraph (2). 
‘‘(h) CONSULTATION.—With regard to the develop-
ment of programs under the Blue Campaign and the im-
plementation of such programs, the Director is authorized 
to consult with State, local, Tribal, and territorial agen-
cies, nongovernmental organizations, private sector orga-
nizations, and experts. Such consultation shall be exempt 
from the Federal Advisory Committee Act (5 U.S.C. 
App.).’’.
2591 
SEC. 6210. DEPARTMENT OF HOMELAND SECURITY MEN-
TOR-PROTE´ GE´ PROGRAM. 
(a) IN GENERAL.—Subtitle H of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 890B. MENTOR-PROTE´ GE´ PROGRAM. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a mentor-prote´ge´ program (in this section re-
ferred to as the ‘Program’) under which a mentor firm 
enters into an agreement with a prote´ge´ firm for the pur-
pose of assisting the prote´ge´ firm to compete for prime 
contracts and subcontracts of the Department. 
‘‘(b) ELIGIBILITY.—The Secretary shall establish cri-
teria for mentor firms and prote´ge´ firms to be eligible to 
participate in the Program, including a requirement that 
a firm is not included on any list maintained by the Fed-
eral Government of contractors that have been suspended 
or debarred. 
‘‘(c) PROGRAM APPLICATION AND APPROVAL.— 
‘‘(1) APPLICATION.—The 
Secretary, 
acting 
through the Office of Small and Disadvantaged 
Business Utilization of the Department, shall estab-
lish a process for submission of an application joint-
ly by a mentor firm and the prote´ge´ firm selected by 
the mentor firm. The application shall include each 
of the following:
2592 
‘‘(A) A description of the assistance to be 
provided by the mentor firm, including, to the 
extent available, the number and a brief de-
scription of each anticipated subcontract to be 
awarded to the prote´ge´ firm. 
‘‘(B) A schedule with milestones for 
achieving the assistance to be provided over the 
period of participation in the Program. 
‘‘(C) An estimate of the costs to be in-
curred by the mentor firm for providing assist-
ance under the Program. 
‘‘(D) Attestations that Program partici-
pants will submit to the Secretary reports at 
times specified by the Secretary to assist the 
Secretary in evaluating the prote´ge´ firm’s devel-
opmental progress. 
‘‘(E) Attestations that Program partici-
pants will inform the Secretary in the event of 
a change in eligibility or voluntary withdrawal 
from the Program. 
‘‘(2) APPROVAL.—Not later than 60 days after 
receipt of an application pursuant to paragraph (1), 
the head of the Office of Small and Disadvantaged 
Business Utilization shall notify applicants of ap-
2593 
proval or, in the case of disapproval, the process for 
resubmitting an application for reconsideration. 
‘‘(3) RESCISSION.—The head of the Office of 
Small and Disadvantaged Business Utilization may 
rescind the approval of an application under this 
subsection if it determines that such action is in the 
best interest of the Department. 
‘‘(d) PROGRAM DURATION.—A mentor firm and 
prote´ge´ firm approved under subsection (c) shall enter into 
an agreement to participate in the Program for a period 
of not less than 36 months. 
‘‘(e) PROGRAM BENEFITS.—A mentor firm and 
prote´ge´ firm that enter into an agreement under sub-
section (d) may receive the following Program benefits: 
‘‘(1) With respect to an award of a contract 
that requires a subcontracting plan, a mentor firm 
may receive evaluation credit for participating in the 
Program. 
‘‘(2) With respect to an award of a contract 
that requires a subcontracting plan, a mentor firm 
may receive credit for a prote´ge´ firm performing as 
a first-tier subcontractor or a subcontractor at any 
tier in an amount equal to the total dollar value of 
any subcontracts awarded to such prote´ge´ firm.
2594 
‘‘(3) A prote´ge´ firm may receive technical, man-
agerial, financial, or any other mutually agreed upon 
benefit from a mentor firm, including a subcontract 
award. 
‘‘(f) REPORTING.—Not later than one year after the 
date of the enactment of this Act, and annually thereafter, 
the head of the Office of Small and Disadvantaged Busi-
ness Utilization shall submit to the Committee on Home-
land Security and Governmental Affairs and the Com-
mittee on Small Business and Entrepreneurship of the 
Senate and the Committee on Homeland Security and the 
Committee on Small Business of the House of Representa-
tives a report that— 
‘‘(1) identifies each agreement between a men-
tor firm and a prote´ge´ firm entered into under this 
section, including the number of prote´ge´ firm par-
ticipants that are— 
‘‘(A) small business concerns; 
‘‘(B) small business concerns owned and 
controlled by veterans; 
‘‘(C) small business concerns owned and 
controlled by service-disabled veterans; 
‘‘(D) qualified HUBZone small business 
concerns;
2595 
‘‘(E) small business concerns owned and 
controlled by socially and economically dis-
advantaged individuals; 
‘‘(F) small business concerns owned and 
controlled by women; 
‘‘(G) historically Black colleges and univer-
sities; and 
‘‘(H) minority institutions of higher edu-
cation; 
‘‘(2) describes the type of assistance provided 
by mentor firms to prote´ge´ firms; 
‘‘(3) identifies contracts within the Department 
in which a mentor firm serving as the prime con-
tractor provided subcontracts to a prote´ge´ firm 
under the Program; and 
‘‘(4) assesses the degree to which there has 
been— 
‘‘(A) an increase in the technical capabili-
ties of prote´ge´ firms; and 
‘‘(B) an increase in the quantity and esti-
mated value of prime contract and subcontract 
awards to prote´ge´ firms for the period covered 
by the report. 
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to limit, diminish, impair, or other-
2596 
wise affect the authority of the Department to participate 
in any program carried out by or requiring approval of 
the Small Business Administration or adopt or follow any 
regulation or policy that the Administrator of the Small 
Business Administration may promulgate, except that, to 
the extent that any provision of this section (including 
subsection (h)) conflicts with any other provision of law, 
regulation, or policy, this section shall control. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) HISTORICALLY BLACK COLLEGE OR UNI-
VERSITY.—The term ‘historically Black college or 
university’ means any of the historically Black col-
leges and universities referred to in section 2323 of 
title 10, United States Code, as in effect on March 
1, 2018. 
‘‘(2) MENTOR FIRM.—The term ‘mentor firm’ 
means a for-profit business concern that is not a 
small business concern that— 
‘‘(A) has the ability to assist and commits 
to assisting a prote´ge´ firm to compete for Fed-
eral prime contracts and subcontracts; and 
‘‘(B) satisfies any other requirements im-
posed by the Secretary. 
‘‘(3) MINORITY INSTITUTION OF HIGHER EDU-
CATION.—The term ‘minority institution of higher
2597 
education’ means an institution of higher education 
with a student body that reflects the composition 
specified in section 312(b) of the Higher Education 
Act of 1965 (20 U.S.C. 1058(b)). 
‘‘(4) PROTE´GE´ FIRM.—The term ‘prote´ge´ firm’ 
means a small business concern, a historically Black 
college or university, or a minority institution of 
higher education that— 
‘‘(A) is eligible to enter into a prime con-
tract or subcontract with the Department; and 
‘‘(B) satisfies any other requirements im-
posed by the Secretary. 
‘‘(5) SMALL BUSINESS ACT DEFINITIONS.—The 
terms ‘small business concern’, ‘small business con-
cern owned and controlled by veterans’, ‘small busi-
ness concern owned and controlled by service-dis-
abled veterans’, ‘qualified HUBZone small business 
concern’, and ‘small business concern owned and 
controlled by women’ have the meanings given such 
terms, respectively, under section 3 of the Small 
Business Act (15 U.S.C. 632). The term ‘small busi-
ness concern owned and controlled by socially and 
economically disadvantaged individuals’ has the 
meaning given such term in section 8(d)(3)(C) of 
the Small Business Act (15 U.S.C. 637(d)(3)(C)).’’.
2598 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by section 5408 of this Act, is further amended 
by inserting after the item relating to section 890A the 
following new item: 
‘‘Sec. 890B. Mentor-prote´ge´ program.’’. 
SEC. 6211. MEDICAL COUNTERMEASURES PROGRAM. 
(a) IN GENERAL.—Subtitle C of title XIX of the 
Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 1932. MEDICAL COUNTERMEASURES. 
‘‘(a) IN GENERAL.—The Secretary shall establish a 
medical countermeasures program to facilitate personnel 
readiness, and protection for the Department’s employees 
and working animals in the event of a chemical, biological, 
radiological, nuclear, or explosives attack, naturally occur-
ring disease outbreak, or pandemic, and to support De-
partment mission continuity. 
‘‘(b) OVERSIGHT.—The Chief Medical Officer of the 
Department shall provide programmatic oversight of the 
medical countermeasures program established pursuant to 
subsection (a), and shall— 
‘‘(1) develop Departmentwide standards for 
medical countermeasure 
storage, 
security, 
dis-
pensing, and documentation;
2599 
‘‘(2) maintain a stockpile of medical counter-
measures, including antibiotics, antivirals, and radio-
logical countermeasures, as appropriate; 
‘‘(3) preposition appropriate medical counter-
measures in strategic locations nationwide, based on 
threat and employee density, in accordance with ap-
plicable Federal statutes and regulations; 
‘‘(4) provide oversight and guidance regarding 
the dispensing of stockpiled medical counter-
measures; 
‘‘(5) ensure rapid deployment and dispensing of 
medical countermeasures in a chemical, biological, 
radiological, nuclear, or explosives attack, naturally 
occurring disease outbreak, or pandemic; 
‘‘(6) provide training to Department employees 
on medical countermeasure dispensing; and 
‘‘(7) support dispensing exercises. 
‘‘(c) 
MEDICAL
COUNTERMEASURES
WORKING 
GROUP.—The Chief Medical Officer shall establish a med-
ical countermeasures working group comprised of rep-
resentatives from appropriate components and offices of 
the Department to ensure that medical countermeasures 
standards are maintained and guidance is consistent. 
‘‘(d) 
MEDICAL
COUNTERMEASURES
MANAGE-
MENT.—Not later than 120 days after the date of the en-
2600 
actment of this section, the Chief Medical Officer shall de-
velop and submit to the Secretary an integrated logistics 
support plan for medical countermeasures, including— 
‘‘(1) a methodology for determining the ideal 
types and quantities of medical countermeasures to 
stockpile and how frequently such methodology shall 
be reevaluated; 
‘‘(2) a replenishment plan; and 
‘‘(3) inventory tracking, reporting, and rec-
onciliation procedures for existing stockpiles and 
new medical countermeasure purchases. 
‘‘(e) STOCKPILE ELEMENTS.—In determining the 
types and quantities of medical countermeasures to stock-
pile under subsection (d), the Chief Medical Officer shall 
utilize, if available— 
‘‘(1) Department chemical, biological, radio-
logical, and nuclear risk assessments; and 
‘‘(2) Centers for Disease Control and Preven-
tion guidance on medical countermeasures. 
‘‘(f) REPORT.—Not later than 180 days after the 
date of the enactment of this section, the Secretary shall 
submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate the 
plan developed in accordance with subsection (d) and brief
2601 
such Committees regarding implementing the require-
ments of this section. 
‘‘(g) DEFINITION.—In this section, the term ‘medical 
countermeasures’ means antibiotics, antivirals, radio-
logical countermeasures, and other countermeasures that 
may be deployed to protect the Department’s employees 
and working animals in the event of a chemical, biological, 
radiological, nuclear, or explosives attack, naturally occur-
ring disease outbreak, or pandemic.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by section 5410 of this Act, is further amended 
by inserting after the item relating to section 1931 the 
following new item: 
‘‘Sec. 1932. Medical countermeasures.’’. 
SEC. 6212. CRITICAL DOMAIN RESEARCH AND DEVELOP-
MENT. 
(a) IN GENERAL.—Subtitle H of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 451 et seq.), 
as amended by section 5310 of this Act, is further amend-
ed by adding at the end the following new section: 
‘‘SEC. 890C. HOMELAND SECURITY CRITICAL DOMAIN RE-
SEARCH AND DEVELOPMENT. 
‘‘(a) IN GENERAL.—
2602 
‘‘(1) RESEARCH
AND
DEVELOPMENT.—The 
Secretary is authorized to conduct research and de-
velopment to— 
‘‘(A) identify United States critical do-
mains for economic security and homeland se-
curity; and 
‘‘(B) evaluate the extent to which disrup-
tion, corruption, exploitation, or dysfunction of 
any of such domain poses a substantial threat 
to homeland security. 
‘‘(2) REQUIREMENTS.— 
‘‘(A) RISK
ANALYSIS
OF
CRITICAL
DO-
MAINS.—The research under paragraph (1) 
shall include a risk analysis of each identified 
United States critical domain for economic se-
curity to determine the degree to which there 
exists a present or future threat to homeland 
security in the event of disruption, corruption, 
exploitation, or dysfunction to such domain. 
Such research shall consider, to the extent pos-
sible, the following: 
‘‘(i) The vulnerability and resilience of 
relevant supply chains. 
‘‘(ii) Foreign production, processing, 
and manufacturing methods.
2603 
‘‘(iii) Influence of malign economic ac-
tors. 
‘‘(iv) Asset ownership. 
‘‘(v) Relationships within the supply 
chains of such domains. 
‘‘(vi) The degree to which the condi-
tions referred to in clauses (i) through (v) 
would place such a domain at risk of dis-
ruption, corruption, exploitation, or dys-
function. 
‘‘(B) ADDITIONAL RESEARCH INTO HIGH- 
RISK CRITICAL DOMAINS.—Based on the identi-
fication and risk analysis of United States crit-
ical domains for economic security pursuant to 
paragraph (1) and subparagraph (A) of this 
paragraph, respectively, the Secretary may con-
duct additional research into those critical do-
mains, or specific elements thereof, with respect 
to which there exists the highest degree of a 
present or future threat to homeland security in 
the event of disruption, corruption, exploitation, 
or dysfunction to such a domain. For each such 
high-risk domain, or element thereof, such re-
search shall—
2604 
‘‘(i) describe the underlying infra-
structure and processes; 
‘‘(ii) analyze present and projected 
performance of industries that comprise or 
support such domain; 
‘‘(iii) examine the extent to which the 
supply chain of a product or service nec-
essary to such domain is concentrated, ei-
ther through a small number of sources, or 
if multiple sources are concentrated in one 
geographic area; 
‘‘(iv) examine the extent to which the 
demand for supplies of goods and services 
of such industries can be fulfilled by 
present and projected performance of other 
industries, identify strategies, plans, and 
potential barriers to expand the supplier 
industrial base, and identify the barriers to 
the participation of such other industries; 
‘‘(v) consider each such domain’s per-
formance capacities in stable economic en-
vironments, adversarial supply conditions, 
and under crisis economic constraints;
2605 
‘‘(vi) identify and define needs and re-
quirements to establish supply resiliency 
within each such domain; and 
‘‘(vii) consider the effects of sector 
consolidation, including foreign consolida-
tion, either through mergers or acquisi-
tions, or due to recent geographic realign-
ment, on such industries’ performances. 
‘‘(3) CONSULTATION.—In conducting the re-
search under paragraph (1) and subparagraph (B) 
of paragraph (2), the Secretary may consult with 
appropriate Federal agencies, State agencies, and 
private sector stakeholders. 
‘‘(4) PUBLICATION.—Beginning one year after 
the date of the enactment of this section, the Sec-
retary shall publish a report containing information 
relating to the research under paragraph (1) and 
subparagraph (B) of paragraph (2), including find-
ings, evidence, analysis, and recommendations. Such 
report shall be updated annually through 2026. 
‘‘(b) SUBMISSION TO CONGRESS.—Not later than 90 
days after the publication of each report required under 
paragraph (4) of subsection (a), the Secretary shall trans-
mit to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Secu-
2606 
rity and Governmental Affairs of the Senate each such re-
port, together with a description of actions the Secretary, 
in consultation with appropriate Federal agencies, will un-
dertake or has undertaken in response to each such report. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) UNITED STATES CRITICAL DOMAINS FOR 
ECONOMIC
SECURITY.—The term ‘United States 
critical domains for economic security’ means the 
critical infrastructure and other associated indus-
tries, technologies, and intellectual property, or any 
combination thereof, that are essential to the eco-
nomic security of the United States. 
‘‘(2) ECONOMIC
SECURITY.—The term ‘eco-
nomic security’ means the condition of having secure 
and resilient domestic production capacity, combined 
with reliable access to the global resources necessary 
to maintain an acceptable standard of living and to 
protect core national values. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated $1,000,000 for each of 
fiscal years 2022 through 2026 to carry out this section.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by section 5411 of this Act, is further amended
2607 
by inserting after the item relating to section 890B the 
following new item: 
‘‘Sec. 890C. Homeland security critical domain research and development.’’. 
Subtitle B—Cybersecurity 
SEC. 6221. TITLE XXII TECHNICAL AND CLERICAL AMEND-
MENTS. 
(a) TECHNICAL AMENDMENTS.— 
(1) HOMELAND SECURITY ACT OF 2002.—Sub-
title A of title XXII of the Homeland Security Act 
of 2002 (6 U.S.C. 651 et seq.) is amended— 
(A) in the first section 2215 (6 U.S.C. 
665; relating to the duties and authorities relat-
ing to .gov internet domain), by amending the 
section enumerator and heading to read as fol-
lows: 
‘‘SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV 
INTERNET DOMAIN.’’; 
(B) in the second section 2215 (6 U.S.C. 
665b; relating to the joint cyber planning of-
fice), by amending the section enumerator and 
heading to read as follows: 
‘‘SEC. 2216. JOINT CYBER PLANNING OFFICE.’’; 
(C) in the third section 2215 (6 U.S.C. 
665c; relating to the Cybersecurity State Coor-
dinator), by amending the section enumerator 
and heading to read as follows:
2608 
‘‘SEC. 2217. CYBERSECURITY STATE COORDINATOR.’’; 
(D) in the fourth section 2215 (6 U.S.C. 
665d; relating to Sector Risk Management 
Agencies), by amending the section enumerator 
and heading to read as follows: 
‘‘SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.’’; 
(E) in section 2216 (6 U.S.C. 665e; relat-
ing to the Cybersecurity Advisory Committee), 
by amending the section enumerator and head-
ing to read as follows: 
‘‘SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.’’; and 
(F) in section 2217 (6 U.S.C. 665f; relat-
ing to Cybersecurity Education and Training 
Programs), by amending the section enu-
merator and heading to read as follows: 
‘‘SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING 
PROGRAMS.’’. 
(2) 
CONSOLIDATED
APPROPRIATIONS
ACT, 
2021.—Paragraph (1) of section 904(b) of division U 
of the Consolidated Appropriations Act, 2021 (Pub-
lic Law 116–260) is amended, in the matter pre-
ceding subparagraph (A), by inserting ‘‘of 2002’’ 
after ‘‘Homeland Security Act’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is
2609 
amended by striking the items relating to sections 2214 
through 2217 and inserting the following new items: 
‘‘Sec. 2214. National Asset Database. 
‘‘Sec. 2215. Duties and authorities relating to .gov internet domain. 
‘‘Sec. 2216. Joint cyber planning office. 
‘‘Sec. 2217. Cybersecurity State Coordinator. 
‘‘Sec. 2218. Sector Risk Management Agencies. 
‘‘Sec. 2219. Cybersecurity Advisory Committee. 
‘‘Sec. 2220. Cybersecurity Education and Training Programs.’’. 
SEC. 6222. STATE AND LOCAL CYBERSECURITY GRANT PRO-
GRAM. 
(a) IN GENERAL.—Subtitle A of title XXII of the 
Homeland Security Act of 2002 (6 U.S.C. 651 et seq.), 
as amended by section 5321 of this Act, is further amend-
ed by adding at the end the following new sections: 
‘‘SEC. 2220A. STATE AND LOCAL CYBERSECURITY GRANT 
PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CYBER
THREAT
INDICATOR.—The term 
‘cyber threat indicator’ has the meaning given the 
term in section 102 of the Cybersecurity Act of 2015 
(6 U.S.C. 1501). 
‘‘(2) CYBERSECURITY PLAN.—The term ‘Cyber-
security Plan’ means a plan submitted by an eligible 
entity under subsection (e)(1). 
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a State; or
2610 
‘‘(B) an Indian Tribe that, not later than 
120 days after the date of the enactment of this 
section or not later than 120 days before the 
start of any fiscal year in which a grant under 
this section is awarded— 
‘‘(i) notifies the Secretary that the In-
dian Tribe intends to develop a Cybersecu-
rity Plan; and 
‘‘(ii) agrees to forfeit any distribution 
under subsection (n)(2). 
‘‘(4) INCIDENT.—The term ‘incident’ has the 
meaning given the term in section 2209. 
‘‘(5) INDIAN TRIBE.—The term ‘Indian Tribe’ 
has the meaning given such term in section 4(e) of 
the of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5304(e)). 
‘‘(6) INFORMATION SHARING AND ANALYSIS OR-
GANIZATION.—The term ‘information sharing and 
analysis organization’ has the meaning given the 
term in section 2222. 
‘‘(7) INFORMATION SYSTEM.—The term ‘infor-
mation system’ has the meaning given the term in 
section 102 of the Cybersecurity Act of 2015 (6 
U.S.C. 1501).
2611 
‘‘(8) ONLINE SERVICE.—The term ‘online serv-
ice’ means any internet-facing service, including a 
website, email, virtual private network, or custom 
application. 
‘‘(9) 
RANSOMWARE
INCIDENT.—The 
term 
‘ransomware incident’ means an incident that actu-
ally or imminently jeopardizes, without lawful au-
thority, the integrity, confidentiality, or availability 
of information on an information system, or actually 
or imminently jeopardizes, without lawful authority, 
an information system for the purpose of coercing 
the information system’s owner, operator, or another 
person. 
‘‘(10) STATE
AND
LOCAL
CYBERSECURITY 
GRANT PROGRAM.—The term ‘State and Local Cy-
bersecurity Grant Program’ means the program es-
tablished under subsection (b). 
‘‘(11) STATE AND LOCAL CYBERSECURITY RE-
SILIENCE COMMITTEE.—The term ‘State and Local 
Cybersecurity Resilience Committee’ means the com-
mittee established under subsection (o)(1). 
‘‘(12) TRIBAL ORGANIZATION.—The term ‘Trib-
al organization’ has the meaning given such term in 
section 4(l) of the of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5304(l)).
2612 
‘‘(b) ESTABLISHMENT.— 
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Director, shall establish a program, to 
be known as the ‘the State and Local Cybersecurity 
Grant Program’, to award grants to eligible entities 
to address cybersecurity risks and cybersecurity 
threats to information systems of State, local, or 
Tribal organizations. 
‘‘(2) APPLICATION.—An eligible entity seeking 
a grant under the State and Local Cybersecurity 
Grant Program shall submit to the Secretary an ap-
plication at such time, in such manner, and con-
taining such information as the Secretary may re-
quire. 
‘‘(c) BASELINE REQUIREMENTS.—An eligible entity 
or multistate group that receives a grant under this sec-
tion shall use the grant in compliance with— 
‘‘(1)(A) the Cybersecurity Plan of the eligible 
entity or the Cybersecurity Plans of the eligible enti-
ties that comprise the multistate group; and 
‘‘(B) the Homeland Security Strategy to Im-
prove the Cybersecurity of State, Local, Tribal, and 
Territorial Governments developed under section 
2210(e)(1); or
2613 
‘‘(2) activities carried out under paragraphs 
(3), (4), and (5) of subsection (h). 
‘‘(d) ADMINISTRATION.—The State and Local Cyber-
security Grant Program shall be administered in the same 
office of the Department that administers grants made 
under sections 2003 and 2004. 
‘‘(e) CYBERSECURITY PLANS.— 
‘‘(1) IN GENERAL.—An eligible entity applying 
for a grant under this section shall submit to the 
Secretary a Cybersecurity Plan for approval. 
‘‘(2) REQUIRED ELEMENTS.—A Cybersecurity 
Plan of an eligible entity shall— 
‘‘(A) incorporate, to the extent practicable, 
any existing plans of the eligible entity to pro-
tect against cybersecurity risks and cybersecu-
rity threats to information systems of State, 
local, or Tribal organizations; 
‘‘(B) describe, to the extent practicable, 
how the eligible entity will— 
‘‘(i) manage, monitor, and track infor-
mation systems, applications, and user ac-
counts owned or operated by or on behalf 
of the eligible entity or by local or Tribal 
organizations within the jurisdiction of the 
eligible entity and the information tech-
2614 
nology deployed on those information sys-
tems, including legacy information systems 
and information technology that are no 
longer supported by the manufacturer of 
the systems or technology; 
‘‘(ii) monitor, audit, and track activity 
between information systems, applications, 
and user accounts owned or operated by or 
on behalf of the eligible entity or by local 
or Tribal organizations within the jurisdic-
tion of the eligible entity and between 
those information systems and information 
systems not owned or operated by the eligi-
ble entity or by local or Tribal organiza-
tions within the jurisdiction of the eligible 
entity; 
‘‘(iii) enhance the preparation, re-
sponse, and resilience of information sys-
tems, applications, and user accounts 
owned or operated by or on behalf of the 
eligible entity or local or Tribal organiza-
tions against cybersecurity risks and cyber-
security threats; 
‘‘(iv) implement a process of contin-
uous cybersecurity vulnerability assess-
2615 
ments and threat mitigation practices 
prioritized by degree of risk to address cy-
bersecurity risks and cybersecurity threats 
on information systems of the eligible enti-
ty or local or Tribal organizations; 
‘‘(v) ensure that State, local, and 
Tribal organizations that own or operate 
information systems that are located with-
in the jurisdiction of the eligible entity— 
‘‘(I) adopt best practices and 
methodologies to enhance cybersecu-
rity, such as the practices set forth in 
the cybersecurity framework developed 
by, and the cyber supply chain risk 
management best practices identified 
by, the National Institute of Stand-
ards and Technology; and 
‘‘(II) utilize knowledge bases of 
adversary tools and tactics to assess 
risk; 
‘‘(vi) promote the delivery of safe, rec-
ognizable, and trustworthy online services 
by State, local, and Tribal organizations, 
including through the use of the .gov inter-
net domain;
2616 
‘‘(vii) ensure continuity of operations 
of the eligible entity and local, and Tribal 
organizations in the event of a cybersecu-
rity incident (including a ransomware inci-
dent), including by conducting exercises to 
practice responding to such an incident; 
‘‘(viii) use the National Initiative for 
Cybersecurity 
Education 
Cybersecurity 
Workforce Framework developed by the 
National Institute of Standards and Tech-
nology to identify and mitigate any gaps in 
the cybersecurity workforces of State, 
local, or Tribal organizations, enhance re-
cruitment and retention efforts for such 
workforces, and bolster the knowledge, 
skills, and abilities of State, local, and 
Tribal organization personnel to address 
cybersecurity 
risks 
and 
cybersecurity 
threats, such as through cybersecurity hy-
giene training; 
‘‘(ix) ensure continuity of communica-
tions and data networks within the juris-
diction of the eligible entity between the el-
igible entity and local and Tribal organiza-
tions that own or operate information sys-
2617 
tems within the jurisdiction of the eligible 
entity in the event of an incident involving 
such communications or data networks 
within the jurisdiction of the eligible entity; 
‘‘(x) assess and mitigate, to the great-
est degree possible, cybersecurity risks and 
cybersecurity threats related to critical in-
frastructure and key resources, the deg-
radation of which may impact the perform-
ance of information systems within the ju-
risdiction of the eligible entity; 
‘‘(xi) enhance capabilities to share 
cyber threat indicators and related infor-
mation between the eligible entity and local 
and Tribal organizations that own or oper-
ate information systems within the juris-
diction of the eligible entity, including by 
expanding 
existing 
information-sharing 
agreements with the Department; 
‘‘(xii) enhance the capability of the el-
igible entity to share cyber threat indictors 
and related information with the Depart-
ment; 
‘‘(xiii) leverage cybersecurity services 
offered by the Department;
2618 
‘‘(xiv) develop and coordinate strate-
gies to address cybersecurity risks and cy-
bersecurity threats to information systems 
of the eligible entity in consultation with— 
‘‘(I) local and Tribal organiza-
tions within the jurisdiction of the eli-
gible entity; and 
‘‘(II) as applicable— 
‘‘(aa) States that neighbor 
the jurisdiction of the eligible en-
tity or, as appropriate, members 
of an information sharing and 
analysis organization; and 
‘‘(bb) countries that neigh-
bor the jurisdiction of the eligible 
entity; and 
‘‘(xv) implement an information tech-
nology and operational technology mod-
ernization cybersecurity review process 
that ensures alignment between informa-
tion technology and operational technology 
cybersecurity objectives; 
‘‘(C) describe, to the extent practicable, the 
individual responsibilities of the eligible entity 
and local and Tribal organizations within the
2619 
jurisdiction of the eligible entity in imple-
menting the plan; 
‘‘(D) outline, to the extent practicable, the 
necessary resources and a timeline for imple-
menting the plan; and 
‘‘(E) describe how the eligible entity will 
measure progress toward implementing the 
plan. 
‘‘(3) DISCRETIONARY ELEMENTS.—A Cyberse-
curity Plan of an eligible entity may include a de-
scription of— 
‘‘(A) cooperative programs developed by 
groups of local and Tribal organizations within 
the jurisdiction of the eligible entity to address 
cybersecurity risks and cybersecurity threats; 
and 
‘‘(B) programs provided by the eligible en-
tity to support local and Tribal organizations 
and owners and operators of critical infrastruc-
ture to address cybersecurity risks and cyberse-
curity threats. 
‘‘(4) MANAGEMENT OF FUNDS.—An eligible en-
tity applying for a grant under this section shall 
agree to designate the Chief Information Officer, the 
Chief Information Security Officer, or an equivalent
2620 
official of the eligible entity as the primary official 
for the management and allocation of funds awarded 
under this section. 
‘‘(f) MULTISTATE GRANTS.— 
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Director, may award grants under this 
section to a group of two or more eligible entities to 
support multistate efforts to address cybersecurity 
risks and cybersecurity threats to information sys-
tems within the jurisdictions of the eligible entities. 
‘‘(2) 
SATISFACTION
OF
OTHER
REQUIRE-
MENTS.—In order to be eligible for a multistate 
grant under this subsection, each eligible entity that 
comprises a multistate group shall submit to the 
Secretary— 
‘‘(A) a Cybersecurity Plan for approval in 
accordance with subsection (i); and 
‘‘(B) a plan for establishing a cybersecu-
rity planning committee under subsection (g). 
‘‘(3) APPLICATION.— 
‘‘(A) IN
GENERAL.—A multistate group 
applying for a multistate grant under para-
graph (1) shall submit to the Secretary an ap-
plication at such time, in such manner, and
2621 
containing such information as the Secretary 
may require. 
‘‘(B) 
MULTISTATE
PROJECT
DESCRIP-
TION.—An application of a multistate group 
under subparagraph (A) shall include a plan de-
scribing— 
‘‘(i) the division of responsibilities 
among the eligible entities that comprise 
the multistate group for administering the 
grant for which application is being made; 
‘‘(ii) the distribution of funding from 
such a grant among the eligible entities 
that comprise the multistate group; and 
‘‘(iii) how the eligible entities that 
comprise the multistate group will work to-
gether to implement the Cybersecurity 
Plan of each of those eligible entities. 
‘‘(g) PLANNING COMMITTEES.— 
‘‘(1) IN GENERAL.—An eligible entity that re-
ceives a grant under this section shall establish a cy-
bersecurity planning committee to— 
‘‘(A) assist in the development, implemen-
tation, and revision of the Cybersecurity Plan of 
the eligible entity;
2622 
‘‘(B) approve the Cybersecurity Plan of the 
eligible entity; and 
‘‘(C) assist in the determination of effec-
tive funding priorities for a grant under this 
section in accordance with subsection (h). 
‘‘(2) COMPOSITION.—A committee of an eligible 
entity established under paragraph (1) shall— 
‘‘(A) be comprised of representatives from 
the eligible entity and counties, cities, towns, 
Tribes, and public educational and health insti-
tutions within the jurisdiction of the eligible en-
tity; and 
‘‘(B) include, as appropriate, representa-
tives of rural, suburban, and high-population 
jurisdictions. 
‘‘(3) CYBERSECURITY
EXPERTISE.—Not less 
than one-half of the representatives of a committee 
established under paragraph (1) shall have profes-
sional experience relating to cybersecurity or infor-
mation technology. 
‘‘(4) RULE OF CONSTRUCTION REGARDING EX-
ISTING
PLANNING
COMMITTEES.—Nothing in this 
subsection may be construed to require an eligible 
entity to establish a cybersecurity planning com-
mittee if the eligible entity has established and uses
2623 
a multijurisdictional planning committee or commis-
sion that meets, or may be leveraged to meet, the re-
quirements of this subsection. 
‘‘(h) USE OF FUNDS.—An eligible entity that receives 
a grant under this section shall use the grant to— 
‘‘(1) implement the Cybersecurity Plan of the 
eligible entity; 
‘‘(2) develop or revise the Cybersecurity Plan of 
the eligible entity; or 
‘‘(3) assist with activities that address immi-
nent cybersecurity risks or cybersecurity threats to 
the information systems of the eligible entity or a 
local or Tribal organization within the jurisdiction of 
the eligible entity. 
‘‘(i) APPROVAL OF PLANS.— 
‘‘(1) APPROVAL AS CONDITION OF GRANT.—Be-
fore an eligible entity may receive a grant under this 
section, the Secretary, acting through the Director, 
shall review the Cybersecurity Plan, or any revisions 
thereto, of the eligible entity and approve such plan, 
or revised plan, if it satisfies the requirements speci-
fied in paragraph (2). 
‘‘(2) PLAN
REQUIREMENTS.—In approving a 
Cybersecurity Plan of an eligible entity under this
2624 
subsection, the Director shall ensure that the Cyber-
security Plan— 
‘‘(A) satisfies the requirements of sub-
section (e)(2); 
‘‘(B) upon the issuance of the Homeland 
Security Strategy to Improve the Cybersecurity 
of State, Local, Tribal, and Territorial Govern-
ments authorized pursuant to section 2210(e), 
complies, as appropriate, with the goals and ob-
jectives of the strategy; and 
‘‘(C) has been approved by the cybersecu-
rity planning committee of the eligible entity es-
tablished under subsection (g). 
‘‘(3) APPROVAL OF REVISIONS.—The Secretary, 
acting through the Director, may approve revisions 
to a Cybersecurity Plan as the Director determines 
appropriate. 
‘‘(4) EXCEPTION.—Notwithstanding subsection 
(e) and paragraph (1) of this subsection, the Sec-
retary may award a grant under this section to an 
eligible entity that does not submit a Cybersecurity 
Plan to the Secretary if— 
‘‘(A) the eligible entity certifies to the Sec-
retary that—
2625 
‘‘(i) the activities that will be sup-
ported by the grant are integral to the de-
velopment of the Cybersecurity Plan of the 
eligible entity; and 
‘‘(ii) the eligible entity will submit by 
September 30, 2023, to the Secretary, a 
Cybersecurity Plan for review, and if ap-
propriate, approval; or 
‘‘(B) the eligible entity certifies to the Sec-
retary, and the Director confirms, that the eli-
gible entity will use funds from the grant to as-
sist with the activities described in subsection 
(h)(3). 
‘‘(j) LIMITATIONS ON USES OF FUNDS.— 
‘‘(1) IN GENERAL.—An eligible entity that re-
ceives a grant under this section may not use the 
grant— 
‘‘(A) to supplant State, local, or Tribal 
funds; 
‘‘(B) for any recipient cost-sharing con-
tribution; 
‘‘(C) to pay a demand for ransom in an at-
tempt to— 
‘‘(i) regain access to information or 
an information system of the eligible entity
2626 
or of a local or Tribal organization within 
the jurisdiction of the eligible entity; or 
‘‘(ii) prevent the disclosure of infor-
mation that has been removed without au-
thorization from an information system of 
the eligible entity or of a local or Tribal or-
ganization within the jurisdiction of the eli-
gible entity; 
‘‘(D) for recreational or social purposes; or 
‘‘(E) for any purpose that does not address 
cybersecurity risks or cybersecurity threats on 
information systems of the eligible entity or of 
a local or Tribal organization within the juris-
diction of the eligible entity. 
‘‘(2) PENALTIES.—In addition to any other 
remedy available, the Secretary may take such ac-
tions as are necessary to ensure that a recipient of 
a grant under this section uses the grant for the 
purposes for which the grant is awarded. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (1) may be construed to prohibit the use 
of grant funds provided to a State, local, or Tribal 
organization for otherwise permissible uses under 
this section on the basis that a State, local, or Trib-
2627 
al organization has previously used State, local, or 
Tribal funds to support the same or similar uses. 
‘‘(k) OPPORTUNITY TO AMEND APPLICATIONS.—In 
considering applications for grants under this section, the 
Secretary shall provide applicants with a reasonable op-
portunity to correct defects, if any, in such applications 
before making final awards. 
‘‘(l) APPORTIONMENT.—For fiscal year 2022 and 
each fiscal year thereafter, the Secretary shall apportion 
amounts appropriated to carry out this section among 
States as follows: 
‘‘(1) BASELINE AMOUNT.—The Secretary shall 
first apportion 0.25 percent of such amounts to each 
of American Samoa, the Commonwealth of the 
Northern Mariana Islands, Guam, the United States 
Virgin Islands, and 0.75 percent of such amounts to 
each of the remaining States. 
‘‘(2) REMAINDER.—The Secretary shall appor-
tion the remainder of such amounts in the ratio 
that— 
‘‘(A) the population of each eligible entity, 
bears to 
‘‘(B) the population of all eligible entities. 
‘‘(3) 
MINIMUM
ALLOCATION
TO
INDIAN 
TRIBES.—
2628 
‘‘(A) 
IN
GENERAL.—In 
apportioning 
amounts under this section, the Secretary shall 
ensure that, for each fiscal year, directly eligible 
Tribes collectively receive, from amounts appro-
priated under the State and Local Cybersecu-
rity Grant Program, not less than an amount 
equal to three percent of the total amount ap-
propriated for grants under this section. 
‘‘(B) ALLOCATION.—Of the amount re-
served under subparagraph (A), funds shall be 
allocated in a manner determined by the Sec-
retary in consultation with Indian Tribes. 
‘‘(C) EXCEPTION.—This paragraph shall 
not apply in any fiscal year in which the Sec-
retary— 
‘‘(i) receives fewer than five applica-
tions from Indian Tribes; or 
‘‘(ii) does not approve at least two ap-
plications from Indian Tribes. 
‘‘(m) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—The Federal share of the 
cost of an activity carried out using funds made 
available with a grant under this section may not ex-
ceed—
2629 
‘‘(A) in the case of a grant to an eligible 
entity— 
‘‘(i) for fiscal year 2022, 90 percent; 
‘‘(ii) for fiscal year 2023, 80 percent; 
‘‘(iii) for fiscal year 2024, 70 percent; 
‘‘(iv) for fiscal year 2025, 60 percent; 
and 
‘‘(v) for fiscal year 2026 and each 
subsequent fiscal year, 50 percent; and 
‘‘(B) in the case of a grant to a multistate 
group— 
‘‘(i) for fiscal year 2022, 95 percent; 
‘‘(ii) for fiscal year 2023, 85 percent; 
‘‘(iii) for fiscal year 2024, 75 percent; 
‘‘(iv) for fiscal year 2025, 65 percent; 
and 
‘‘(v) for fiscal year 2026 and each 
subsequent fiscal year, 55 percent. 
‘‘(2) WAIVER.—The Secretary may waive or 
modify the requirements of paragraph (1) for an In-
dian Tribe if the Secretary determines such a waiver 
is in the public interest. 
‘‘(n) RESPONSIBILITIES OF GRANTEES.— 
‘‘(1) CERTIFICATION.—Each eligible entity or 
multistate group that receives a grant under this
2630 
section shall certify to the Secretary that the grant 
will be used— 
‘‘(A) for the purpose for which the grant 
is awarded; and 
‘‘(B) in compliance with, as the case may 
be— 
‘‘(i) the Cybersecurity Plan of the eli-
gible entity; 
‘‘(ii) the Cybersecurity Plans of the el-
igible entities that comprise the multistate 
group; or 
‘‘(iii) a purpose approved by the Sec-
retary under subsection (h) or pursuant to 
an exception under subsection (i). 
‘‘(2) AVAILABILITY OF FUNDS TO LOCAL AND 
TRIBAL ORGANIZATIONS.—Not later than 45 days 
after the date on which an eligible entity or 
multistate group receives a grant under this section, 
the eligible entity or multistate group shall, without 
imposing unreasonable or unduly burdensome re-
quirements as a condition of receipt, obligate or oth-
erwise make available to local and Tribal organiza-
tions within the jurisdiction of the eligible entity or 
the eligible entities that comprise the multistate 
group, and as applicable, consistent with the Cyber-
2631 
security Plan of the eligible entity or the Cybersecu-
rity Plans of the eligible entities that comprise the 
multistate group— 
‘‘(A) not less than 80 percent of funds 
available under the grant; 
‘‘(B) with the consent of the local and 
Tribal organizations, items, services, capabili-
ties, or activities having a value of not less than 
80 percent of the amount of the grant; or 
‘‘(C) with the consent of the local and 
Tribal organizations, grant funds combined 
with other items, services, capabilities, or activi-
ties having the total value of not less than 80 
percent of the amount of the grant. 
‘‘(3) CERTIFICATIONS
REGARDING
DISTRIBU-
TION OF GRANT FUNDS TO LOCAL AND TRIBAL OR-
GANIZATIONS.—An eligible entity or multistate 
group shall certify to the Secretary that the eligible 
entity or multistate group has made the distribution 
to local, Tribal, and territorial governments required 
under paragraph (2). 
‘‘(4) EXTENSION OF PERIOD.— 
‘‘(A) IN GENERAL.—An eligible entity or 
multistate group may request in writing that 
the Secretary extend the period of time speci-
2632 
fied in paragraph (2) for an additional period 
of time. 
‘‘(B) APPROVAL.—The Secretary may ap-
prove a request for an extension under subpara-
graph (A) if the Secretary determines the ex-
tension is necessary to ensure that the obliga-
tion and expenditure of grant funds align with 
the purpose of the State and Local Cybersecu-
rity Grant Program. 
‘‘(5) EXCEPTION.—Paragraph (2) shall not 
apply to the District of Columbia, the Common-
wealth of Puerto Rico, American Samoa, the Com-
monwealth of the Northern Mariana Islands, Guam, 
the United States Virgin Islands, or an Indian 
Tribe. 
‘‘(6) DIRECT FUNDING.—If an eligible entity 
does not make a distribution to a local or Tribal or-
ganization required in accordance with paragraph 
(2), the local or Tribal organization may petition the 
Secretary to request that grant funds be provided di-
rectly to the local or Tribal organization. 
‘‘(7) PENALTIES.—In addition to other rem-
edies available to the Secretary, the Secretary may 
terminate or reduce the amount of a grant awarded 
under this section to an eligible entity or distribute
2633 
grant funds previously awarded to such eligible enti-
ty directly to the appropriate local or Tribal organi-
zation as a replacement grant in an amount the Sec-
retary determines appropriate if such eligible entity 
violates a requirement of this subsection. 
‘‘(o) ADVISORY COMMITTEE.— 
‘‘(1) ESTABLISHMENT.—Not later than 120 
days after the date of enactment of this section, the 
Director shall establish a State and Local Cyberse-
curity Resilience Committee to provide State, local, 
and Tribal stakeholder expertise, situational aware-
ness, and recommendations to the Director, as ap-
propriate, regarding how to— 
‘‘(A) address cybersecurity risks and cyber-
security threats to information systems of 
State, local, or Tribal organizations; and 
‘‘(B) improve the ability of State, local, 
and Tribal organizations to prevent, protect 
against, respond to, mitigate, and recover from 
such cybersecurity risks and cybersecurity 
threats. 
‘‘(2) 
DUTIES.—The 
committee 
established 
under paragraph (1) shall—
2634 
‘‘(A) submit to the Director recommenda-
tions that may inform guidance for applicants 
for grants under this section; 
‘‘(B) upon the request of the Director, pro-
vide to the Director technical assistance to in-
form the review of Cybersecurity Plans sub-
mitted by applicants for grants under this sec-
tion, and, as appropriate, submit to the Direc-
tor recommendations to improve those plans 
prior to the approval of the plans under sub-
section (i); 
‘‘(C) advise and provide to the Director 
input regarding the Homeland Security Strat-
egy to Improve Cybersecurity for State, Local, 
Tribal, and Territorial Governments required 
under section 2210; 
‘‘(D) upon the request of the Director, pro-
vide to the Director recommendations, as ap-
propriate, regarding how to— 
‘‘(i) address cybersecurity risks and 
cybersecurity threats on information sys-
tems of State, local, or Tribal organiza-
tions; and
2635 
‘‘(ii) improve the cybersecurity resil-
ience of State, local, or Tribal organiza-
tions; and 
‘‘(E) regularly coordinate with the State, 
Local, Tribal and Territorial Government Co-
ordinating Council, within the Critical Infra-
structure Partnership Advisory Council, estab-
lished under section 871. 
‘‘(3) MEMBERSHIP.— 
‘‘(A) NUMBER
AND
APPOINTMENT.—The 
State and Local Cybersecurity Resilience Com-
mittee established pursuant to paragraph (1) 
shall be composed of 15 members appointed by 
the Director, as follows: 
‘‘(i) Two individuals recommended to 
the Director by the National Governors As-
sociation. 
‘‘(ii) Two individuals recommended to 
the Director by the National Association of 
State Chief Information Officers. 
‘‘(iii) One individual recommended to 
the Director by the National Guard Bu-
reau.
2636 
‘‘(iv) Two individuals recommended to 
the Director by the National Association of 
Counties. 
‘‘(v) One individual recommended to 
the Director by the National League of 
Cities. 
‘‘(vi) One individual recommended to 
the Director by the United States Con-
ference of Mayors. 
‘‘(vii) One individual recommended to 
the Director by the Multi-State Informa-
tion Sharing and Analysis Center. 
‘‘(viii) One individual recommended to 
the Director by the National Congress of 
American Indians. 
‘‘(viii) Four individuals who have edu-
cational and professional experience relat-
ing to cybersecurity work or cybersecurity 
policy. 
‘‘(B) TERMS.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), each member of the State and Local 
Cybersecurity Resilience Committee shall 
be appointed for a term of two years.
2637 
‘‘(ii) REQUIREMENT.—At least two 
members of the State and Local Cyberse-
curity Resilience Committee shall also be 
members of the State, Local, Tribal and 
Territorial 
Government 
Coordinating 
Council, within the Critical Infrastructure 
Partnership Advisory Council, established 
under section 871. 
‘‘(iii) EXCEPTION.—A term of a mem-
ber of the State and Local Cybersecurity 
Resilience Committee shall be three years 
if the member is appointed initially to the 
Committee upon the establishment of the 
Committee. 
‘‘(iv) TERM REMAINDERS.—Any mem-
ber of the State and Local Cybersecurity 
Resilience Committee appointed to fill a 
vacancy occurring before the expiration of 
the term for which the member’s prede-
cessor was appointed shall be appointed 
only for the remainder of such term. A 
member may serve after the expiration of 
such member’s term until a successor has 
taken office.
2638 
‘‘(v) VACANCIES.—A vacancy in the 
State and Local Cybersecurity Resilience 
Committee shall be filled in the manner in 
which the original appointment was made. 
‘‘(C) PAY.—Members of the State and 
Local Cybersecurity Resilience Committee shall 
serve without pay. 
‘‘(4) CHAIRPERSON; VICE CHAIRPERSON.—The 
members of the State and Local Cybersecurity Resil-
ience Committee shall select a chairperson and vice 
chairperson from among members of the committee. 
‘‘(5) 
PERMANENT
AUTHORITY.—Notwith-
standing section 14 of the Federal Advisory Com-
mittee Act (5 U.S.C. App.), the State and Local Cy-
bersecurity Resilience Committee shall be a perma-
nent authority. 
‘‘(p) REPORTS.— 
‘‘(1) ANNUAL
REPORTS
BY
GRANT
RECIPI-
ENTS.— 
‘‘(A) IN
GENERAL.—Not later than one 
year after an eligible entity or multistate group 
receives funds under this section, the eligible 
entity or multistate group shall submit to the 
Secretary a report on the progress of the eligi-
ble entity or multistate group in implementing
2639 
the Cybersecurity Plan of the eligible entity or 
Cybersecurity Plans of the eligible entities that 
comprise the multistate group, as the case may 
be. 
‘‘(B) ABSENCE OF PLAN.—Not later than 
180 days after an eligible entity that does not 
have a Cybersecurity Plan receives funds under 
this section for developing its Cybersecurity 
Plan, the eligible entity shall submit to the Sec-
retary a report describing how the eligible enti-
ty obligated and expended grant funds during 
the fiscal year to— 
‘‘(i) so develop such a Cybersecurity 
Plan; or 
‘‘(ii) assist with the activities de-
scribed in subsection (h)(3). 
‘‘(2) ANNUAL
REPORTS
TO
CONGRESS.—Not 
less frequently than once per year, the Secretary, 
acting through the Director, shall submit to Con-
gress a report on the use of grants awarded under 
this section and any progress made toward the fol-
lowing: 
‘‘(A) Achieving the objectives set forth in 
the Homeland Security Strategy to Improve the 
Cybersecurity of State, Local, Tribal, and Ter-
2640 
ritorial Governments, upon the date on which 
the strategy is issued under section 2210. 
‘‘(B) Developing, implementing, or revising 
Cybersecurity Plans. 
‘‘(C) Reducing cybersecurity risks and cy-
bersecurity threats to information systems, ap-
plications, and user accounts owned or operated 
by or on behalf of State, local, and Tribal orga-
nizations as a result of the award of such 
grants. 
‘‘(q) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated for grants under this 
section— 
‘‘(1) for each of fiscal years 2022 through 
2026, $500,000,000; and 
‘‘(2) for each subsequent fiscal year, such sums 
as may be necessary. 
‘‘SEC. 2220B. CYBERSECURITY RESOURCE GUIDE DEVELOP-
MENT FOR STATE, LOCAL, TRIBAL, AND TER-
RITORIAL GOVERNMENT OFFICIALS. 
‘‘The Secretary, acting through the Director, shall 
develop, regularly update, and maintain a resource guide 
for use by State, local, Tribal, and territorial government 
officials, including law enforcement officers, to help such 
officials identify, prepare for, detect, protect against, re-
2641 
spond to, and recover from cybersecurity risks (as such 
term is defined in section 2209), cybersecurity threats, 
and incidents (as such term is defined in section 2209).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by section 5413, is further amended by inserting 
after the item relating to section 2220 the following new 
items: 
‘‘Sec. 2220A. State and Local Cybersecurity Grant Program. 
‘‘Sec. 2220B. Cybersecurity resource guide development for State, local, Tribal, 
and territorial government officials.’’. 
SEC. 6223. STRATEGY. 
(a) HOMELAND SECURITY STRATEGY TO IMPROVE 
THE CYBERSECURITY OF STATE, LOCAL, TRIBAL, AND 
TERRITORIAL
GOVERNMENTS.—Section 2210 of the 
Homeland Security Act of 2002 (6 U.S.C. 660) is amend-
ed by adding at the end the following new subsection: 
‘‘(e) HOMELAND SECURITY STRATEGY TO IMPROVE 
THE CYBERSECURITY OF STATE, LOCAL, TRIBAL, AND 
TERRITORIAL GOVERNMENTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REQUIREMENT.—Not later than one 
year after the date of the enactment of this 
subsection, the Secretary, acting through the 
Director, shall, in coordination with the heads 
of appropriate Federal agencies, State, local, 
Tribal, and territorial governments, the State
2642 
and Local Cybersecurity Resilience Committee 
established under section 2220A, and other 
stakeholders, as appropriate, develop and make 
publicly available a Homeland Security Strategy 
to Improve the Cybersecurity of State, Local, 
Tribal, and Territorial Governments. 
‘‘(B) RECOMMENDATIONS
AND
REQUIRE-
MENTS.—The strategy required under subpara-
graph (A) shall— 
‘‘(i) provide recommendations relating 
to the ways in which the Federal Govern-
ment should support and promote the abil-
ity of State, local, Tribal, and territorial 
governments to identify, mitigate against, 
protect against, detect, respond to, and re-
cover from cybersecurity risks (as such 
term is defined in section 2209), cyberse-
curity threats, and incidents (as such term 
is defined in section 2209); and 
‘‘(ii) establish baseline requirements 
for cybersecurity plans under this section 
and principles with which such plans shall 
align. 
‘‘(2) CONTENTS.—The strategy required under 
paragraph (1) shall—
2643 
‘‘(A) identify capability gaps in the ability 
of State, local, Tribal, and territorial govern-
ments to identify, protect against, detect, re-
spond to, and recover from cybersecurity risks, 
cybersecurity 
threats, 
incidents, 
and 
ransomware incidents; 
‘‘(B) identify Federal resources and capa-
bilities that are available or could be made 
available to State, local, Tribal, and territorial 
governments to help those governments identify, 
protect against, detect, respond to, and recover 
from cybersecurity risks, cybersecurity threats, 
incidents, and ransomware incidents; 
‘‘(C) identify and assess the limitations of 
Federal resources and capabilities available to 
State, local, Tribal, and territorial governments 
to help those governments identify, protect 
against, detect, respond to, and recover from 
cybersecurity risks, cybersecurity threats, inci-
dents, and ransomware incidents and make rec-
ommendations to address such limitations; 
‘‘(D) identify opportunities to improve the 
coordination of the Agency with Federal and 
non-Federal entities, such as the Multi-State
2644 
Information Sharing and Analysis Center, to 
improve— 
‘‘(i) incident exercises, information 
sharing and incident notification proce-
dures; 
‘‘(ii) the ability for State, local, Trib-
al, and territorial governments to volun-
tarily adapt and implement guidance in 
Federal binding operational directives; and 
‘‘(iii) opportunities to leverage Federal 
schedules for cybersecurity investments 
under section 502 of title 40, United 
States Code; 
‘‘(E) recommend new initiatives the Fed-
eral Government should undertake to improve 
the ability of State, local, Tribal, and territorial 
governments to identify, protect against, detect, 
respond to, and recover from cybersecurity 
risks, cybersecurity threats, incidents, and 
ransomware incidents; 
‘‘(F) set short-term and long-term goals 
that will improve the ability of State, local, 
Tribal, and territorial governments to identify, 
protect against, detect, respond to, and recover
2645 
from cybersecurity risks, cybersecurity threats, 
incidents, and ransomware incidents; and 
‘‘(G) set dates, including interim bench-
marks, as appropriate for State, local, Tribal, 
and territorial governments to establish baseline 
capabilities to identify, protect against, detect, 
respond to, and recover from cybersecurity 
risks, cybersecurity threats, incidents, and 
ransomware incidents. 
‘‘(3) 
CONSIDERATIONS.—In 
developing 
the 
strategy required under paragraph (1), the Director, 
in coordination with the heads of appropriate Fed-
eral agencies, State, local, Tribal, and territorial 
governments, the State and Local Cybersecurity Re-
silience Committee established under section 2220A, 
and other stakeholders, as appropriate, shall con-
sider— 
‘‘(A) lessons learned from incidents that 
have affected State, local, Tribal, and territorial 
governments, and exercises with Federal and 
non-Federal entities; 
‘‘(B) the impact of incidents that have af-
fected State, local, Tribal, and territorial gov-
ernments, including the resulting costs to such 
governments;
2646 
‘‘(C) the information related to the interest 
and ability of state and non-state threat actors 
to compromise information systems (as such 
term is defined in section 102 of the Cybersecu-
rity Act of 2015 (6 U.S.C. 1501)) owned or op-
erated by State, local, Tribal, and territorial 
governments; 
‘‘(D) emerging cybersecurity risks and cy-
bersecurity threats to State, local, Tribal, and 
territorial governments resulting from the de-
ployment of new technologies; and 
‘‘(E) recommendations made by the State 
and Local Cybersecurity Resilience Committee 
established under section 2220A. 
‘‘(4) EXEMPTION.—Chapter 35 of title 44, 
United States Code (commonly known as the ‘Paper-
work Reduction Act’), shall not apply to any action 
to implement this subsection.’’. 
(b) RESPONSIBILITIES OF THE DIRECTOR OF THE 
CYBERSECURITY AND INFRASTRUCTURE SECURITY AGEN-
CY.—Section 2202 of the Homeland Security Act of 2002 
(6 U.S.C. 652) is amended— 
(1) by redesignating subsections (d) through (i) 
as subsections (e) through (j), respectively; and
2647 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) ADDITIONAL RESPONSIBILITIES.—In addition 
to the responsibilities under subsection (c), the Director 
shall— 
‘‘(1) develop program guidance, in consultation 
with the State and Local Government Cybersecurity 
Resilience Committee established under section 
2220A, for the State and Local Cybersecurity Grant 
Program under such section or any other homeland 
security assistance administered by the Department 
to improve cybersecurity; 
‘‘(2) review, in consultation with the State and 
Local Cybersecurity Resilience Committee, all cyber-
security plans of State, local, Tribal, and territorial 
governments developed pursuant to any homeland 
security assistance administered by the Department 
to improve cybersecurity; 
‘‘(3) provide expertise and technical assistance 
to State, local, Tribal, and territorial government of-
ficials with respect to cybersecurity; and 
‘‘(4) provide education, training, and capacity 
development to enhance the security and resilience 
of cybersecurity and infrastructure security.’’.
2648 
(c) FEASIBILITY STUDY.—Not later than 270 days 
after the date of the enactment of this Act, the Director 
of the Cybersecurity and Infrastructure Security of the 
Department of Homeland Security shall conduct a study 
to assess the feasibility of implementing a short-term rota-
tional program for the detail to the Agency of approved 
State, local, Tribal, and territorial government employees 
in cyber workforce positions. 
SEC. 6224. CYBERSECURITY VULNERABILITIES. 
Section 2209 of the Homeland Security Act of 2002 
(6 U.S.C. 659) is amended— 
(1) in subsection (a)— 
(A) 
by 
redesignating 
paragraphs 
(4) 
through (8) as paragraphs (5) through (9), re-
spectively; and 
(B) by inserting after paragraph (3) the 
following new paragraph: 
‘‘(4) the term ‘cybersecurity vulnerability’ has 
the meaning given the term ‘security vulnerability’ 
in section 102 of the Cybersecurity Information 
Sharing Act of 2015 (6 U.S.C. 1501);’’. 
(2) in subsection (c)— 
(A) in paragraph (5)— 
(i) in subparagraph (A), by striking 
‘‘and’’ after the semicolon at the end;
2649 
(ii) by redesignating subparagraph 
(B) as subparagraph (C); 
(iii) by inserting after subparagraph 
(A) the following new subparagraph: 
‘‘(B) sharing mitigation protocols to counter cy-
bersecurity vulnerabilities pursuant to subsection 
(n); and’’; and 
(iv) in subparagraph (C), as so redes-
ignated, by inserting ‘‘and mitigation pro-
tocols 
to 
counter 
cybersecurity 
vulnerabilities in accordance with subpara-
graph (B)’’ before ‘‘with Federal’’; 
(B) in paragraph (7)(C), by striking 
‘‘sharing’’ and inserting ‘‘share’’; and 
(C) in paragraph (9), by inserting ‘‘mitiga-
tion 
protocols 
to 
counter 
cybersecurity 
vulnerabilities,’’ after ‘‘measures,’’; 
(3) in subsection (e)(1)(G), by striking the 
semicolon after ‘‘and’’ at the end; 
(4) by redesignating subsection (o) as sub-
section (p); and 
(5) by inserting after subsection (n) following 
new subsection: 
‘‘(o) PROTOCOLS TO COUNTER CERTAIN CYBERSE-
CURITY VULNERABILITIES.—The Director may, as appro-
2650 
priate, identify, develop, and disseminate actionable proto-
cols to mitigate cybersecurity vulnerabilities to informa-
tion systems and industrial control systems, including in 
circumstances in which such vulnerabilities exist because 
software or hardware is no longer supported by a ven-
dor.’’. 
SEC. 6225. CAPABILITIES OF THE CYBERSECURITY AND IN-
FRASTRUCTURE SECURITY AGENCY TO IDEN-
TIFY THREATS TO INDUSTRIAL CONTROL 
SYSTEMS. 
(a) IN GENERAL.—Section 2209 of the Homeland 
Security Act of 2002 (6 U.S.C. 659) is amended— 
(1) in subsection (e)(1)— 
(A) in subparagraph (G), by striking 
‘‘and;’’ after the semicolon; 
(B) in subparagraph (H), by inserting 
‘‘and’’ after the semicolon; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(I) activities of the Center address the se-
curity of both information technology and oper-
ational technology, including industrial control 
systems;’’; and 
(2) by adding at the end the following new sub-
section:
2651 
‘‘(p) INDUSTRIAL CONTROL SYSTEMS.—The Director 
shall maintain capabilities to identify and address threats 
and vulnerabilities to products and technologies intended 
for use in the automated control of critical infrastructure 
processes. In carrying out this subsection, the Director 
shall— 
‘‘(1) lead Federal Government efforts, in con-
sultation with Sector Risk Management Agencies, as 
appropriate, to identify and mitigate cybersecurity 
threats to industrial control systems, including su-
pervisory control and data acquisition systems; 
‘‘(2) maintain threat hunting and incident re-
sponse capabilities to respond to industrial control 
system cybersecurity risks and incidents; 
‘‘(3) provide cybersecurity technical assistance 
to industry end-users, product manufacturers, Sector 
Risk Management Agencies, other Federal agencies, 
and other industrial control system stakeholders to 
identify, 
evaluate, 
assess, 
and 
mitigate 
vulnerabilities; 
‘‘(4) collect, coordinate, and provide vulner-
ability information to the industrial control systems 
community by, as appropriate, working closely with 
security researchers, industry end-users, product 
manufacturers, Sector Risk Management Agencies,
2652 
other Federal agencies, and other industrial control 
systems stakeholders; and 
‘‘(5) conduct such other efforts and assistance 
as the Secretary determines appropriate.’’. 
(b) REPORT TO CONGRESS.—Not later than 180 days 
after the date of the enactment of this Act and every six 
months thereafter during the subsequent 4-year period, 
the Director of the Cybersecurity and Infrastructure Secu-
rity Agency of the Department of Homeland Security shall 
provide to the Committee on Homeland Security of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate a 
briefing on the industrial control systems capabilities of 
the Agency under section 2209 of the Homeland Security 
Act of 2002 (6 U.S.C. 659), as amended by subsection 
(a). 
(c) GAO REVIEW.—Not later than 2 years after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall review implementation of the 
requirements of subsections (e)(1)(I) and (p) of section 
2209 of the Homeland Security Act of 2002 (6 U.S.C. 
659), as amended by subsection (a), and submit to the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report that in-
2653 
cludes findings and recommendations relating to such im-
plementation. Such report shall include information on the 
following: 
(1) Any interagency coordination challenges to 
the ability of the Director of the Cybersecurity and 
Infrastructure Agency of the Department of Home-
land Security to lead Federal efforts to identify and 
mitigate cybersecurity threats to industrial control 
systems pursuant to subsection (p)(1) of such sec-
tion. 
(2) The degree to which the Agency has ade-
quate capacity, expertise, and resources to carry out 
threat hunting and incident response capabilities to 
mitigate cybersecurity threats to industrial control 
systems pursuant to subsection (p)(2) of such sec-
tion, as well as additional resources that would be 
needed to close any operational gaps in such capa-
bilities. 
(3) The extent to which industrial control sys-
tem stakeholders sought cybersecurity technical as-
sistance from the Agency pursuant to subsection 
(p)(3) of such section, and the utility and effective-
ness of such technical assistance. 
(4) The degree to which the Agency works with 
security researchers and other industrial control sys-
2654 
tems stakeholders, pursuant to subsection (p)(4) of 
such section, to provide vulnerability information to 
the industrial control systems community. 
SEC. 6226. REPORT ON CYBERSECURITY VULNERABILITIES. 
(a) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Director of the Cyberse-
curity and Infrastructure Security Agency of the Depart-
ment of Homeland Security shall submit to the Committee 
on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Govern-
mental Affairs of the Senate a report on how the Agency 
carries out subsection (n) of section 2209 of the Homeland 
Security Act of 2002 to coordinate vulnerability disclo-
sures, including disclosures of cybersecurity vulnerabilities 
(as such term is defined in such section), and subsection 
(o) of such section (as added by section 5324) to dissemi-
nate actionable protocols to mitigate cybersecurity 
vulnerabilities to information systems and industrial con-
trol systems, that include the following: 
(1) A description of the policies and procedures 
relating to the coordination of vulnerability disclo-
sures. 
(2) A description of the levels of activity in fur-
therance of such subsections (n) and (o) of such sec-
tion 2209.
2655 
(3) Any plans to make further improvements to 
how information provided pursuant to such sub-
sections can be shared (as such term is defined in 
such section 2209) between the Department and in-
dustry and other stakeholders. 
(4) Any available information on the degree to 
which such information was acted upon by industry 
and other stakeholders. 
(5) A description of how privacy and civil lib-
erties are preserved in the collection, retention, use, 
and sharing of vulnerability disclosures. 
(b) FORM.—The report required under subsection (b) 
shall be submitted in unclassified form but may contain 
a classified annex. 
SEC. 6227. COMPETITION RELATING TO CYBERSECURITY 
VULNERABILITIES. 
The Under Secretary for Science and Technology of 
the Department of Homeland Security, in consultation 
with the Director of the Cybersecurity and Infrastructure 
Security Agency of the Department, may establish an in-
centive-based program that allows industry, individuals, 
academia, and others to compete in identifying remedi-
ation solutions for cybersecurity vulnerabilities (as such 
term is defined in section 2209 of the Homeland Security 
Act of 2002, as amended by section 5325) to information
2656 
systems (as such term is defined in such section 2209) 
and industrial control systems, including supervisory con-
trol and data acquisition systems. 
SEC. 6228. NATIONAL CYBER EXERCISE PROGRAM. 
(a) IN GENERAL.—Subtitle A of title XXII of the 
Homeland Security Act of 2002 (6 U.S.C. 651 et seq.), 
as amended by section 5322 of this Act, is further amend-
ed by adding at the end the following new section: 
‘‘SEC. 2220C. NATIONAL CYBER EXERCISE PROGRAM. 
‘‘(a) ESTABLISHMENT OF PROGRAM.— 
‘‘(1) IN GENERAL.—There is established in the 
Agency the National Cyber Exercise Program (re-
ferred to in this section as the ‘Exercise Program’) 
to evaluate the National Cyber Incident Response 
Plan, and other related plans and strategies. 
‘‘(2) REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The Exercise Program 
shall be— 
‘‘(i) based on current risk assess-
ments, 
including 
credible 
threats, 
vulnerabilities, and consequences; 
‘‘(ii) designed, to the extent prac-
ticable, to simulate the partial or complete 
incapacitation of a government or critical
2657 
infrastructure network resulting from a 
cyber incident; 
‘‘(iii) designed to provide for the sys-
tematic evaluation of cyber readiness and 
enhance operational understanding of the 
cyber incident response system and rel-
evant information-sharing agreements; and 
‘‘(iv) designed to promptly develop 
after-action reports and plans that can 
quickly incorporate lessons learned into fu-
ture operations. 
‘‘(B) MODEL EXERCISE SELECTION.—The 
Exercise Program shall— 
‘‘(i) include a selection of model exer-
cises that government and private entities 
can readily adapt for use; and 
‘‘(ii) aid such governments and pri-
vate entities with the design, implementa-
tion, and evaluation of exercises that— 
‘‘(I) conform to the requirements 
described in subparagraph (A); 
‘‘(II) are consistent with any ap-
plicable national, State, local, or Trib-
al strategy or plan; and
2658 
‘‘(III) 
provide 
for 
systematic 
evaluation of readiness. 
‘‘(3) CONSULTATION.—In carrying out the Ex-
ercise Program, the Director may consult with ap-
propriate representatives from Sector Risk Manage-
ment Agencies, cybersecurity research stakeholders, 
and Sector Coordinating Councils. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) STATE.—The term ‘State’ means any 
State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Northern 
Mariana Islands, the United States Virgin Islands, 
Guam, American Samoa, and any other territory or 
possession of the United States. 
‘‘(2) PRIVATE ENTITY.—The term ‘private enti-
ty’ has the meaning given such term in section 102 
of the Cybersecurity Information Sharing Act of 
2015 (6 U.S.C. 1501).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by section 5422 of this Act, is further amended 
by adding after the item relating to section 2220B the 
following new item: 
‘‘Sec. 2220C. National Cyber Exercise Program.’’.
2659 
Subtitle C—Transportation 
Security 
SEC. 6231. SURVEY OF THE TRANSPORTATION SECURITY 
ADMINISTRATION WORKFORCE REGARDING 
COVID–19 RESPONSE. 
(a) SURVEY.—Not later than 1 year after the date 
of the enactment of this Act, the Administrator of the 
Transportation Security Administration (referred to in 
this section as the ‘‘Administrator’’), in consultation with 
the labor organization certified as the exclusive represent-
ative of full- and part-time nonsupervisory Administration 
personnel carrying out screening functions under section 
44901 of title 49, United States Code, shall conduct a sur-
vey of the Transportation Security Administration (re-
ferred to in this section as the ‘‘Administration’’) work-
force regarding the Administration’s response to the 
COVID–19 pandemic. Such survey shall be conducted in 
a manner that allows for the greatest practicable level of 
workforce participation. 
(b) CONTENTS.—In conducting the survey required 
under subsection (a), the Administrator shall solicit feed-
back on the following: 
(1) The Administration’s communication and 
collaboration with the Administration’s workforce re-
garding the Administration’s response to the
2660 
COVID–19 pandemic and efforts to mitigate and 
monitor transmission of COVID–19 among its work-
force, including through— 
(A) providing employees with personal pro-
tective equipment and mandating its use; 
(B) modifying screening procedures and 
Administration operations to reduce trans-
mission among officers and passengers and en-
suring compliance with such changes; 
(C) adjusting policies regarding scheduling, 
leave, and telework; 
(D) outreach as a part of contact tracing 
when an employee has tested positive for 
COVID–19; and 
(E) encouraging COVID–19 vaccinations 
and efforts to assist employees that seek to be 
vaccinated such as communicating the avail-
ability of duty time for travel to vaccination 
sites and recovery from vaccine side effects. 
(2) Any other topic determined appropriate by 
the Administrator. 
(c) REPORT.—Not later than 30 days after com-
pleting the survey required under subsection (a), the Ad-
ministration shall provide a report summarizing the re-
sults of the survey to the Committee on Homeland Secu-
2661 
rity of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate. 
SEC. 6232. TRANSPORTATION SECURITY PREPAREDNESS 
PLAN. 
(a) PLAN REQUIRED.—Section 114 of title 49, 
United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(x) TRANSPORTATION SECURITY PREPAREDNESS 
PLAN.— 
‘‘(1) IN GENERAL.—Not later than two years 
after the date of the enactment of this subsection, 
the Secretary of Homeland Security, acting through 
the Administrator, in coordination with the Chief 
Medical Officer of the Department of Homeland Se-
curity and in consultation with the partners identi-
fied under paragraphs (3)(A)(i) through (3)(A)(iv), 
shall develop a transportation security preparedness 
plan to address the event of a communicable disease 
outbreak. The Secretary, acting through the Admin-
istrator, shall ensure such plan aligns with relevant 
Federal plans and strategies for communicable dis-
ease outbreaks. 
‘‘(2) CONSIDERATIONS.—In developing the plan 
required under paragraph (1), the Secretary, acting
2662 
through the Administrator, shall consider each of 
the following: 
‘‘(A) The findings of the survey required 
under section 5331 of the National Defense Au-
thorization Act for Fiscal Year 2022. 
‘‘(B) All relevant reports and recommenda-
tions regarding the Administration’s response 
to the COVID–19 pandemic, including any re-
ports and recommendations issued by the 
Comptroller General and the Inspector General 
of the Department of Homeland Security. 
‘‘(C) Lessons learned from Federal inter-
agency efforts during the COVID–19 pandemic. 
‘‘(3) CONTENTS OF PLAN.—The plan developed 
under paragraph (1) shall include each of the fol-
lowing: 
‘‘(A) Plans for communicating and collabo-
rating in the event of a communicable disease 
outbreak with the following partners: 
‘‘(i) Appropriate Federal departments 
and agencies, including the Department of 
Health and Human Services, the Centers 
for Disease Control and Prevention, the 
Department of Transportation, the De-
2663 
partment of Labor, and appropriate inter-
agency task forces. 
‘‘(ii) The workforce of the Administra-
tion, including through the labor organiza-
tion certified as the exclusive representa-
tive of full- and part-time non-supervisory 
Administration 
personnel 
carrying 
out 
screening functions under section 44901 of 
this title. 
‘‘(iii) International partners, including 
the International Civil Aviation Organiza-
tion and foreign governments, airports, 
and air carriers. 
‘‘(iv) Public and private stakeholders, 
as such term is defined under subsection 
(t)(1)(C). 
‘‘(v) The traveling public. 
‘‘(B) Plans for protecting the safety of the 
Transportation Security Administration work-
force, including— 
‘‘(i) reducing the risk of commu-
nicable disease transmission at screening 
checkpoints and within the Administra-
tion’s workforce related to the Administra-
2664 
tion’s transportation security operations 
and mission; 
‘‘(ii) ensuring the safety and hygiene 
of 
screening 
checkpoints 
and 
other 
workstations; 
‘‘(iii) supporting equitable and appro-
priate access to relevant vaccines, prescrip-
tions, and other medical care; and 
‘‘(iv) tracking rates of employee ill-
ness, recovery, and death. 
‘‘(C) Criteria for determining the condi-
tions that may warrant the integration of addi-
tional actions in the aviation screening system 
in response to the communicable disease out-
break and a range of potential roles and re-
sponsibilities that align with such conditions. 
‘‘(D) Contingency plans for temporarily 
adjusting checkpoint operations to provide for 
passenger and employee safety while maintain-
ing security during the communicable disease 
outbreak. 
‘‘(E) Provisions setting forth criteria for 
establishing an interagency task force or other 
standing engagement platform with other ap-
propriate Federal departments and agencies, in-
2665 
cluding the Department of Health and Human 
Services and the Department of Transportation, 
to address such communicable disease outbreak. 
‘‘(F) A description of scenarios in which 
the Administrator should consider exercising 
authorities provided under subsection (g) and 
for what purposes. 
‘‘(G) Considerations for assessing the ap-
propriateness of issuing security directives and 
emergency amendments to regulated parties in 
various modes of transportation, including sur-
face transportation, and plans for ensuring 
compliance with such measures. 
‘‘(H) A description of any potential obsta-
cles, including funding constraints and limita-
tions to authorities, that could restrict the abil-
ity of the Administration to respond appro-
priately to a communicable disease outbreak. 
‘‘(4) DISSEMINATION.—Upon development of 
the plan required under paragraph (1), the Adminis-
trator shall disseminate the plan to the partners 
identified under paragraph (3)(A) and to the Com-
mittee on Homeland Security of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate.
2666 
‘‘(5) REVIEW OF PLAN.—Not later than two 
years after the date on which the plan is dissemi-
nated under paragraph (4), and biennially there-
after, the Secretary, acting through the Adminis-
trator and in coordination with the Chief Medical 
Officer of the Department of Homeland Security, 
shall review the plan and, after consultation with the 
partners identified under paragraphs (3)(A)(i) 
through (3)(A)(iv), update the plan as appropriate.’’. 
(b) COMPTROLLER GENERAL REPORT.—Not later 
than 1 year after the date on which the transportation 
security preparedness plan required under subsection (x) 
of section 114 of title 49, United States Code, as added 
by subsection (a), is disseminated under paragraph (4) of 
such subsection (x), the Comptroller General of the United 
States shall submit to the Committee on Homeland Secu-
rity of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
a report containing the results of a study assessing the 
transportation security preparedness plan, including an 
analysis of— 
(1) whether such plan aligns with relevant Fed-
eral plans and strategies for communicable disease 
outbreaks; and
2667 
(2) the extent to which the Transportation Se-
curity Administration is prepared to implement the 
plan. 
SEC. 6233. AUTHORIZATION OF TRANSPORTATION SECU-
RITY ADMINISTRATION PERSONNEL DETAILS. 
(a) COORDINATION.—Pursuant to sections 106(m) 
and 114(m) of title 49, United States Code, the Adminis-
trator of the Transportation Security Administration may 
provide Transportation Security Administration per-
sonnel, who are not engaged in front line transportation 
security efforts, to other components of the Department 
and other Federal agencies to improve coordination with 
such components and agencies to prepare for, protect 
against, and respond to public health threats to the trans-
portation security system of the United States. 
(b) BRIEFING.—Not later than 180 days after the 
date of the enactment of this Act, the Administrator shall 
brief the appropriate congressional committees regarding 
efforts to improve coordination with other components of 
the Department of Homeland Security and other Federal 
agencies to prepare for, protect against, and respond to 
public health threats to the transportation security system 
of the United States.
2668 
SEC. 6234. TRANSPORTATION SECURITY ADMINISTRATION 
PREPAREDNESS. 
(a) ANALYSIS.— 
(1) IN
GENERAL.—The Administrator of the 
Transportation Security Administration shall con-
duct an analysis of preparedness of the transpor-
tation security system of the United States for pub-
lic health threats. Such analysis shall assess, at a 
minimum, the following: 
(A) The risks of public health threats to 
the transportation security system of the 
United States, including to transportation hubs, 
transportation security stakeholders, Transpor-
tation Security Administration (TSA) per-
sonnel, and passengers. 
(B) Information sharing challenges among 
relevant components of the Department, other 
Federal agencies, international entities, and 
transportation security stakeholders. 
(C) Impacts to TSA policies and proce-
dures for securing the transportation security 
system. 
(2) COORDINATION.—The analysis conducted of 
the risks described in paragraph (1)(A) shall be con-
ducted in coordination with the Chief Medical Offi-
cer of the Department of Homeland Security, the
2669 
Secretary of Health and Human Services, and trans-
portation security stakeholders. 
(b) BRIEFING.—Not later than 180 days after the 
date of the enactment of this Act, the Administrator shall 
brief the appropriate congressional committees on the fol-
lowing: 
(1) The analysis required under subsection (a). 
(2) Technologies necessary to combat public 
health threats at security screening checkpoints to 
better protect from future public health threats TSA 
personnel, passengers, aviation workers, and other 
personnel authorized to access the sterile area of an 
airport through such checkpoints, and the estimated 
cost of technology investments needed to fully imple-
ment across the aviation system solutions to such 
threats. 
(3) Policies and procedures implemented by 
TSA and transportation security stakeholders to 
protect from public health threats TSA personnel, 
passengers, aviation workers, and other personnel 
authorized to access the sterile area through the se-
curity screening checkpoints, as well as future plans 
for additional measures relating to such protection. 
(4) The role of TSA in establishing priorities, 
developing solutions, and coordinating and sharing
2670 
information with relevant domestic and international 
entities during a public health threat to the trans-
portation security system, and how TSA can im-
prove its leadership role in such areas. 
(c) DEFINITIONS.—In this section: 
(1) 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. 
(2) The term ‘‘sterile area’’ has the meaning 
given such term in section 1540.5 of title 49, Code 
of Federal Regulations. 
(3) The term ‘‘TSA’’ means the Transportation 
Security Administration. 
SEC. 
6235. 
PLAN 
TO 
REDUCE 
THE 
SPREAD 
OF 
CORONAVIRUS AT PASSENGER SCREENING 
CHECKPOINTS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Administrator, in 
coordination with the Chief Medical Officer of the Depart-
ment of Homeland Security, and in consultation with the
2671 
Secretary of Health and Human Services and the Director 
of the Centers for Disease Control and Prevention, shall 
issue and commence implementing a plan to enhance, as 
appropriate, security operations at airports during the 
COVID–19 national emergency in order to reduce risk of 
the spread of the coronavirus at passenger screening 
checkpoints and among the TSA workforce. 
(b) CONTENTS.—The plan required under subsection 
(a) shall include the following: 
(1) An identification of best practices developed 
in response to the coronavirus among foreign gov-
ernments, airports, and air carriers conducting avia-
tion security screening operations, as well as among 
Federal agencies conducting similar security screen-
ing operations outside of airports, including in loca-
tions where the spread of the coronavirus has been 
successfully contained, that could be further inte-
grated into the United States aviation security sys-
tem. 
(2) Specific operational changes to aviation se-
curity screening operations informed by the identi-
fication of best practices under paragraph (1) that 
could be implemented without degrading aviation se-
curity and a corresponding timeline and costs for 
implementing such changes.
2672 
(c) CONSIDERATIONS.—In carrying out the identi-
fication of best practices under subsection (b), the Admin-
istrator shall take into consideration the following: 
(1) Aviation security screening procedures and 
practices in place at security screening locations, in-
cluding procedures and practices implemented in re-
sponse to the coronavirus. 
(2) Volume and average wait times at each such 
security screening location. 
(3) Public health measures already in place at 
each such security screening location. 
(4) The feasibility and effectiveness of imple-
menting similar procedures and practices in loca-
tions where such are not already in place. 
(5) The feasibility and potential benefits to se-
curity, public health, and travel facilitation of con-
tinuing any procedures and practices implemented in 
response to the COVID–19 national emergency be-
yond the end of such emergency. 
(d) CONSULTATION.—In developing the plan required 
under subsection (a), the Administrator may consult with 
public and private stakeholders and the TSA workforce, 
including through the labor organization certified as the 
exclusive representative of full- and part-time non-
2673 
supervisory TSA personnel carrying out screening func-
tions under section 44901 of title 49, United States Code. 
(e) SUBMISSION.—Upon issuance of the plan re-
quired under subsection (a), the Administrator shall sub-
mit the plan to the Committee on Homeland Security of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate. 
(f) ISSUANCE AND IMPLEMENTATION.—The Admin-
istrator shall not be required to issue or implement, as 
the case may be, the plan required under subsection (a) 
upon the termination of the COVID–19 national emer-
gency except to the extent the Administrator determines 
such issuance or implementation, as the case may be, to 
be feasible and beneficial to security screening operations. 
(g) GAO REVIEW.—Not later than 1 year after the 
issuance of the plan required under subsection (a) (if such 
plan is issued in accordance with subsection (f)), 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, if ap-
propriate, of such plan and any efforts to implement such 
plan. 
(h) DEFINITIONS.—In this section:
2674 
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the Transportation Security Adminis-
tration. 
(2) The term ‘‘coronavirus’’ has the meaning 
given such term in section 506 of the Coronavirus 
Preparedness and Response Supplemental Appro-
priations Act, 2020 (Public Law 116–123). 
(3) The term ‘‘COVID–19 national emergency’’ 
means the national emergency declared by the Presi-
dent under the National Emergencies Act (50 
U.S.C. 1601 et seq.) on March 13, 2020, with re-
spect to the coronavirus. 
(4) The term ‘‘public and private stakeholders’’ 
has the meaning given such term in section 
114(t)(1)(C) of title 49, United States Code. 
(5) The term ‘‘TSA’’ means the Transportation 
Security Administration. 
SEC. 6236. COMPTROLLER GENERAL REVIEW OF DEPART-
MENT OF HOMELAND SECURITY TRUSTED 
TRAVELER PROGRAMS. 
Not later than one year after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall conduct a review of Department of Homeland 
Security trusted traveler programs. Such review shall ex-
amine the following:
2675 
(1) The extent to which the Department of 
Homeland Security tracks data and monitors trends 
related to trusted traveler programs, including root 
causes for identity-matching errors resulting in an 
individual’s enrollment in a trusted traveler program 
being reinstated. 
(2) Whether the Department coordinates with 
the heads of other relevant Federal, State, local, 
Tribal, or territorial entities regarding redress proce-
dures for disqualifying offenses not covered by the 
Department’s own redress processes but which of-
fenses impact an individual’s enrollment in a trusted 
traveler program. 
(3) How the Department may improve individ-
uals’ access to reconsideration procedures regarding 
a disqualifying offense for enrollment in a trusted 
traveler program that requires the involvement of 
any other Federal, State, local, Tribal, or territorial 
entity. 
(4) The extent to which travelers are informed 
about reconsideration procedures regarding enroll-
ment in a trusted traveler program.
2676 
SEC. 6237. ENROLLMENT REDRESS WITH RESPECT TO DE-
PARTMENT OF HOMELAND SECURITY TRUST-
ED TRAVELER PROGRAMS. 
Notwithstanding any other provision of law, the Sec-
retary of Homeland Security shall, with respect to an indi-
vidual whose enrollment in a trusted traveler program was 
revoked in error extend by an amount of time equal to 
the period of revocation the period of active enrollment 
in such a program upon reenrollment in such a program 
by such an individual. 
SEC. 6238. THREAT INFORMATION SHARING. 
(a) PRIORITIZATION.—The Secretary of Homeland 
Security shall prioritize the assignment of officers and in-
telligence analysts under section 210A of the Homeland 
Security Act of 2002 (6 U.S.C. 124h) from the Transpor-
tation Security Administration and, as appropriate, from 
the Office of Intelligence and Analysis of the Department 
of Homeland Security, to locations with participating 
State, local, and regional fusion centers in jurisdictions 
with a high-risk surface transportation asset in order to 
enhance the security of such assets, including by improv-
ing timely sharing, in a manner consistent with the protec-
tion of privacy rights, civil rights, and civil liberties, of 
information regarding threats of terrorism and other 
threats, including targeted violence.
2677 
(b) INTELLIGENCE PRODUCTS.—Officers and intel-
ligence analysts assigned to locations with participating 
State, local, and regional fusion centers under this section 
shall participate in the generation and dissemination of 
transportation security intelligence products, with an em-
phasis on such products that relate to threats of terrorism 
and other threats, including targeted violence, to surface 
transportation assets that— 
(1) assist State, local, and Tribal law enforce-
ment agencies in deploying their resources, including 
personnel, most efficiently to help detect, prevent, 
investigate, apprehend, and respond to such threats; 
(2) promote more consistent and timely sharing 
with and among jurisdictions of threat information; 
and 
(3) enhance the Department of Homeland Secu-
rity’s situational awareness of such threats. 
(c) CLEARANCES.—The Secretary of Homeland Secu-
rity shall make available to appropriate owners and opera-
tors of surface transportation assets, and to any other per-
son that the Secretary determines appropriate to foster 
greater sharing of classified information relating to 
threats of terrorism and other threats, including targeted 
violence, to surface transportation assets, the process of 
application for security clearances under Executive Order
2678 
No. 13549 (75 Fed. Reg. 162; relating to a classified na-
tional security information program) or any successor Ex-
ecutive order. 
(d) GAO REPORT.—Not later than 2 years after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a review of the implementation of 
this section, together with any recommendations to im-
prove information sharing with State, local, Tribal, terri-
torial, and private sector entities to prevent, identify, and 
respond to threats of terrorism and other threats, includ-
ing targeted violence, to surface transportation assets. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘surface transportation asset’’ in-
cludes facilities, equipment, or systems used to pro-
vide transportation services by— 
(A) a public transportation agency (as 
such term is defined in section 1402(5) of the 
Implementing Recommendations of the 9/11 
Commission Act of 2007 (Public Law 110–53; 
6 U.S.C. 1131(5)));
2679 
(B) a railroad carrier (as such term is de-
fined in section 20102(3) of title 49, United 
States Code); 
(C) an owner or operator of— 
(i) an entity offering scheduled, fixed- 
route transportation services by over-the- 
road bus (as such term is defined in sec-
tion 1501(4) of the Implementing Rec-
ommendations of the 9/11 Commission Act 
of 2007 (Public Law 110–53; 6 U.S.C. 
1151(4))); or 
(ii) a bus terminal; or 
(D) other transportation facilities, equip-
ment, or systems, as determined by the Sec-
retary. 
(2) The term ‘‘targeted violence’’ means an in-
cident of violence in which an attacker selected a 
particular target in order to inflict mass injury or 
death with no discernable political or ideological mo-
tivation beyond mass injury or death. 
(3) The term ‘‘terrorism’’ means the terms— 
(A) domestic terrorism (as such term is de-
fined in section 2331(5) of title 18, United 
States Code); and
2680 
(B) international terrorism (as such term 
is defined in section 2331(1) of title 18, United 
States Code). 
SEC. 6239. LOCAL LAW ENFORCEMENT SECURITY TRAIN-
ING. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, in consultation with public and private sector stake-
holders, may in a manner consistent with the protection 
of privacy rights, civil rights, and civil liberties, develop, 
through the Federal Law Enforcement Training Centers, 
a training program to enhance the protection, prepared-
ness, and response capabilities of law enforcement agen-
cies with respect to threats of terrorism and other threats, 
including targeted violence, at a surface transportation 
asset. 
(b) REQUIREMENTS.—If the Secretary of Homeland 
Security develops the training program described in sub-
section (a), such training program shall— 
(1) be informed by current information regard-
ing tactics used by terrorists and others engaging in 
targeted violence; 
(2) include tactical instruction tailored to the 
diverse nature of the surface transportation asset 
operational environment; and
2681 
(3) prioritize training officers from law enforce-
ment agencies that are eligible for or receive grants 
under sections 2003 or 2004 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 604 and 605) and offi-
cers employed by railroad carriers that operate pas-
senger service, including interstate passenger service. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘public and private sector stake-
holders’’ has the meaning given such term in section 
114(u)(1)(c) of title 49, United States Code. 
(2) The term ‘‘surface transportation asset’’ in-
cludes facilities, equipment, or systems used to pro-
vide transportation services by— 
(A) a public transportation agency (as 
such term is defined in section 1402(5) of the 
Implementing Recommendations of the 9/11 
Commission Act of 2007 (Public Law 110–53; 
6 U.S.C. 1131(5))); 
(B) a railroad carrier (as such term is de-
fined in section 20102(3) of title 49, United 
States Code); 
(C) an owner or operator of— 
(i) an entity offering scheduled, fixed- 
route transportation services by over-the- 
road bus (as such term is defined in sec-
2682 
tion 1501(4) of the Implementing Rec-
ommendations of the 9/11 Commission Act 
of 2007 (Public Law 110–53; 6 U.S.C. 
1151(4))); or 
(ii) a bus terminal; or 
(D) other transportation facilities, equip-
ment, or systems, as determined by the Sec-
retary. 
(3) The term ‘‘targeted violence’’ means an in-
cident of violence in which an attacker selected a 
particular target in order to inflict mass injury or 
death with no discernable political or ideological mo-
tivation beyond mass injury or death. 
(4) The term ‘‘terrorism’’ means the terms— 
(A) domestic terrorism (as such term is de-
fined in section 2331(5) of title 18, United 
States Code); and 
(B) international terrorism (as such term 
is defined in section 2331(1) of title 18, United 
States Code). 
SEC. 6240. ALLOWABLE USES OF FUNDS FOR PUBLIC 
TRANSPORTATION 
SECURITY 
ASSISTANCE 
GRANTS. 
Subparagraph (A) of section 1406(b)(2) of the Imple-
menting Recommendations of the 9/11 Commission Act of
2683 
2007 (6 U.S.C. 1135(b)(2); Public Law 110–53) is 
amended by inserting ‘‘and associated backfill’’ after ‘‘se-
curity training’’. 
SEC. 6241. PERIODS OF PERFORMANCE FOR PUBLIC 
TRANSPORTATION 
SECURITY 
ASSISTANCE 
GRANTS. 
Section 1406 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1135; Pub-
lic Law 110–53) is amended— 
(1) by redesignating subsection (m) as sub-
section (n); and 
(2) by inserting after subsection (l) the fol-
lowing new subsection: 
‘‘(m) PERIODS OF PERFORMANCE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), funds provided pursuant to a grant 
awarded under this section for a use specified in 
subsection (b) shall remain available for use by a 
grant recipient for a period of not fewer than 36 
months. 
‘‘(2) EXCEPTION.—Funds provided pursuant to 
a grant awarded under this section for a use speci-
fied in subparagraph (M) or (N) of subsection (b)(1) 
shall remain available for use by a grant recipient 
for a period of not fewer than 55 months.’’.
2684 
SEC. 6242. GAO REVIEW OF PUBLIC TRANSPORTATION SE-
CURITY ASSISTANCE GRANT PROGRAM. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a review of the public trans-
portation security assistance grant program under section 
1406 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1135; Public Law 
110–53). 
(b) SCOPE.—The review required under paragraph 
(1) shall include the following: 
(1) An assessment of the type of projects fund-
ed under the public transportation security grant 
program referred to in such paragraph. 
(2) An assessment of the manner in which such 
projects address threats to public transportation in-
frastructure. 
(3) An assessment of the impact, if any, of sec-
tions 5342 through 5345 (including the amendments 
made by this Act) on types of projects funded under 
the public transportation security assistance grant 
program. 
(4) An assessment of the management and ad-
ministration of public transportation security assist-
ance grant program funds by grantees. 
(5) Recommendations to improve the manner in 
which public transportation security assistance grant
2685 
program funds address vulnerabilities in public 
transportation infrastructure. 
(6) Recommendations to improve the manage-
ment and administration of the public transportation 
security assistance grant program. 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act and again not later than five 
years after such date of enactment, the Comptroller Gen-
eral of the United States shall submit to the Committee 
on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Govern-
mental Affairs of the Senate a report on the review re-
quired under this section. 
SEC. 6243. SENSITIVE SECURITY INFORMATION; INTER-
NATIONAL AVIATION SECURITY. 
(a) SENSITIVE SECURITY INFORMATION.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Adminis-
trator of the Transportation Security Administration 
(TSA) shall— 
(A) ensure clear and consistent designation 
of ‘‘Sensitive Security Information’’, including 
reasonable security justifications for such des-
ignation;
2686 
(B) develop and implement a schedule to 
regularly review and update, as necessary, TSA 
Sensitive Security Information identification 
guidelines; 
(C) develop a tracking mechanism for all 
Sensitive Security Information redaction and 
designation challenges; 
(D) document justifications for changes in 
position regarding Sensitive Security Informa-
tion redactions and designations, and make 
such changes accessible to TSA personnel for 
use with relevant stakeholders, including air 
carriers, airport operators, surface transpor-
tation operators, and State and local law en-
forcement, as necessary; and 
(E) ensure that TSA personnel are ade-
quately trained on appropriate designation poli-
cies. 
(2) STAKEHOLDER OUTREACH.—Not later than 
180 days after the date of the enactment of this Act, 
the Administrator of the Transportation Security 
Administration (TSA) shall conduct outreach to rel-
evant stakeholders described in paragraph (1)(D) 
that regularly are granted access to Sensitive Secu-
rity Information to raise awareness of the TSA’s
2687 
policies and guidelines governing the designation and 
use of Sensitive Security Information. 
(b) INTERNATIONAL AVIATION SECURITY.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, the Adminis-
trator of the Transportation Security Administration 
shall develop and implement guidelines with respect 
to last point of departure airports to— 
(A) ensure the inclusion, as appropriate, of 
air carriers and other transportation security 
stakeholders in the development and implemen-
tation of security directives and emergency 
amendments; 
(B) document input provided by air car-
riers and other transportation security stake-
holders during the security directive and emer-
gency amendment, development, and implemen-
tation processes; 
(C) define a process, including timeframes, 
and with the inclusion of feedback from air car-
riers and other transportation security stake-
holders, for cancelling or incorporating security 
directives and emergency amendments into se-
curity programs;
2688 
(D) conduct engagement with foreign part-
ners on the implementation of security direc-
tives and emergency amendments, as appro-
priate, including recognition if existing security 
measures at a last point of departure airport 
are found to provide commensurate security as 
intended by potential new security directives 
and emergency amendments; and 
(E) ensure that new security directives and 
emergency amendments are focused on defined 
security outcomes. 
(2) BRIEFING TO CONGRESS.—Not later than 
90 days after the date of the enactment of this Act, 
the Administrator of the Transportation Security 
Administration shall brief the Committee on Home-
land Security of the House of Representatives and 
the Committee on Commerce, Science, and Trans-
portation of the Senate on the guidelines described 
in paragraph (1). 
(3) DECISIONS NOT SUBJECT TO JUDICIAL RE-
VIEW.—Notwithstanding any other provision of law, 
any action of the Administrator of the Transpor-
tation Security Administration under paragraph (1) 
is not subject to judicial review.
2689 
TITLE 
LXIII—COVID–19 
EMER-
GENCY MEDICAL SUPPLIES 
SEC. 6301. SHORT TITLE. 
This title may be cited as the ‘‘COVID–19 Emer-
gency Medical Supplies Enhancement Act of 2021’’. 
SEC. 6302. DETERMINATION ON EMERGENCY SUPPLIES 
AND RELATIONSHIP TO STATE AND LOCAL 
EFFORTS. 
(a) DETERMINATION.—For the purposes of section 
101 of the Defense Production Act of 1950 (50 U.S.C. 
4511), the following materials shall be deemed to be scarce 
and critical materials essential to the national defense and 
otherwise meet the requirements of section 101(b) of such 
Act during the COVID–19 emergency period: 
(1) Diagnostic tests, including serological tests, 
for COVID–19 and the reagents and other materials 
necessary for producing or conducting such tests. 
(2) Personal protective equipment, including 
face shields, N–95 respirator masks, and any other 
masks determined by the Secretary of Health and 
Human Services to be needed to respond to the 
COVID–19 pandemic, and the materials to produce 
such equipment. 
(3) Medical ventilators, the components nec-
essary to make such ventilators, and medicines need-
2690 
ed to use a ventilator as a treatment for any indi-
vidual who is hospitalized for COVID–19. 
(4) Pharmaceuticals and any medicines deter-
mined by the Food and Drug Administration or an-
other Government agency to be effective in treating 
COVID–19 (including vaccines for COVID–19) and 
any materials necessary to produce or use such 
pharmaceuticals or medicines (including self-injec-
tion syringes or other delivery systems). 
(5) Any other medical equipment or supplies 
determined by the Secretary of Health and Human 
Services or the Secretary of Homeland Security to 
be scarce and critical materials essential to the na-
tional defense for purposes of section 101 of the De-
fense Production Act of 1950 (50 U.S.C. 4511). 
(b) EXERCISE OF TITLE I AUTHORITIES IN RELA-
TION TO CONTRACTS BY STATE AND LOCAL GOVERN-
MENTS.—In exercising authorities under title I of the De-
fense Production Act of 1950 (50 U.S.C. 4511 et seq.) 
during the COVID–19 emergency period, the President 
(and any officer or employee of the United States to which 
authorities under such title I have been delegated)— 
(1) may exercise the prioritization or allocation 
authority provided in such title I to exclude any ma-
terials described in subsection (a) ordered by a State
2691 
or local government that are scheduled to be deliv-
ered within 15 days of the time at which— 
(A) the purchase order or contract by the 
Federal Government for such materials is 
made; or 
(B) the materials are otherwise allocated 
by the Federal Government under the authori-
ties contained in such Act; and 
(2) shall, within 24 hours of any exercise of the 
prioritization or allocation authority provided in such 
title I— 
(A) notify any State or local government if 
the exercise of such authorities would delay the 
receipt of such materials ordered by such gov-
ernment; and 
(B) take such steps as may be necessary to 
ensure that such materials ordered by such gov-
ernment are delivered in the shortest possible 
period. 
(c) UPDATE TO THE FEDERAL ACQUISITION REGU-
LATION.—Not later than 15 days after the date of the en-
actment of this Act, the Federal Acquisition Regulation 
shall be revised to reflect the requirements of subsection 
(b)(1).
2692 
SEC. 6303. ENGAGEMENT WITH THE PRIVATE SECTOR. 
(a) SENSE OF CONGRESS.—The Congress— 
(1) appreciates the willingness of private com-
panies not traditionally involved in producing items 
for the health sector to volunteer to use their exper-
tise and supply chains to produce essential medical 
supplies and equipment; 
(2) encourages other manufacturers to review 
their existing capacity and to develop capacity to 
produce essential medical supplies, medical equip-
ment, and medical treatments to address the 
COVID–19 emergency; and 
(3) commends and expresses deep appreciation 
to individual citizens who have been producing per-
sonal protective equipment and other materials for, 
in particular, use at hospitals in their community. 
(b) OUTREACH REPRESENTATIVE.— 
(1) DESIGNATION.—Consistent with the au-
thorities in title VII of the Defense Production Act 
of 1950 (50 U.S.C. 4551 et seq.), the Administrator 
of the Federal Emergency Management Agency, in 
consultation with the Secretary of Health and 
Human Services, shall designate or shall appoint, 
pursuant to section 703 of such Act (50 U.S.C. 
4553), an individual to be known as the ‘‘Outreach 
Representative’’. Such individual shall—
2693 
(A) be appointed from among individuals 
with substantial experience in the private sector 
in the production of medical supplies or equip-
ment; and 
(B) act as the Government-wide single 
point of contact during the COVID–19 emer-
gency for outreach to manufacturing companies 
and their suppliers who may be interested in 
producing medical supplies or equipment, in-
cluding the materials described under section 
6302. 
(2) ENCOURAGING PARTNERSHIPS.—The Out-
reach Representative shall seek to develop partner-
ships between companies, in coordination with the 
Supply Chain Stabilization Task Force or any over-
all coordinator appointed by the President to oversee 
the response to the COVID–19 emergency, including 
through the exercise of the authorities under section 
708 of the Defense Production Act of 1950 (50 
U.S.C. 4558). 
SEC. 6304. ENHANCEMENT OF SUPPLY CHAIN PRODUCTION. 
In exercising authority under title III of the Defense 
Production Act of 1950 (50 U.S.C. 4531 et seq.) with re-
spect to materials described in section 6302, the President 
shall seek to ensure that support is provided to companies
2694 
that comprise the supply chains for reagents, components, 
raw materials, and other materials and items necessary 
to produce or use the materials described in section 6302. 
SEC. 6305. OVERSIGHT OF CURRENT ACTIVITY AND NEEDS. 
(a) RESPONSE TO IMMEDIATE NEEDS.— 
(1) IN GENERAL.—Not later than 7 days after 
the date of the enactment of this Act, the President, 
in coordination with the National Response Coordi-
nation Center of the Federal Emergency Manage-
ment Agency, the Administrator of the Defense Lo-
gistics Agency, the Secretary of Health and Human 
Services, the Secretary of Veterans Affairs, and 
heads of other Federal agencies (as appropriate), 
shall submit to the appropriate congressional com-
mittees a report assessing the immediate needs de-
scribed in paragraph (2) to combat the COVID–19 
pandemic and the plan for meeting those immediate 
needs. 
(2) ASSESSMENT.—The report required by this 
subsection shall include— 
(A) an assessment of the needs for medical 
supplies or equipment necessary to address the 
needs of the population of the United States in-
fected by the virus SARS–CoV–2 that causes 
COVID–19 and to prevent an increase in the
2695 
incidence of COVID–19 throughout the United 
States, including diagnostic tests, serological 
tests, medicines that have been approved by the 
Food and Drug Administration to treat 
COVID–19, and ventilators and medicines 
needed to employ ventilators; 
(B) based on meaningful consultations 
with relevant stakeholders, an assessment of the 
need for personal protective equipment and 
other supplies (including diagnostic tests) re-
quired by— 
(i) health professionals, health work-
ers, and hospital staff; 
(ii) workers in industries and sectors 
described in the ‘‘Advisory Memorandum 
on Identification of Essential Critical In-
frastructure Workers during the COVID– 
19 Response’’ issued by the Director of 
Cybersecurity and Infrastructure Security 
Agency of the Department of Homeland 
Security on April 17, 2020 (and any ex-
pansion of industries and sectors included 
in updates to such advisory memorandum); 
and
2696 
(iii) other workers determined to be 
essential based on such consultation; 
(C) an assessment of the quantities of 
equipment and supplies in the Strategic Na-
tional Stockpile (established under section 
319F–2 of the Public Health Service Act (42 
U.S.C. 247d–6b(a)(1))) as of the date of the re-
port, and the projected gap between the quan-
tities of equipment and supplies identified as 
needed in the assessment under subparagraphs 
(A) and (B) and the quantities in the Strategic 
National Stockpile; 
(D) an identification of the industry sec-
tors and manufacturers most ready to fulfill 
purchase orders for such equipment and sup-
plies (including manufacturers that may be 
incentivized) through the exercise of authority 
under section 303(e) of the Defense Production 
Act of 1950 (50 U.S.C. 4533(e)) to modify, ex-
pand, or improve production processes to manu-
facture such equipment and supplies to respond 
immediately to a need identified in subpara-
graph (A) or (B); 
(E) an identification of Government-owned 
and privately-owned stockpiles of such equip-
2697 
ment and supplies not included in the Strategic 
National Stockpile that could be repaired or re-
furbished; 
(F) an identification of previously distrib-
uted critical supplies that can be redistributed 
based on current need; 
(G) a description of any exercise of the au-
thorities described under subsection (a)(5) or 
(b)(1) of section 6302; and 
(H) an identification of critical areas of 
need, by county and by areas identified by the 
Indian Health Service, in the United States and 
the metrics and criteria for identification as a 
critical area. 
(3) PLAN.—The report required by this sub-
section shall include a plan for meeting the imme-
diate needs to combat the COVID–19 pandemic, in-
cluding the needs described in paragraph (1). Such 
plan shall include— 
(A) each contract the Federal Government 
has entered into to meet such needs, including 
the purpose of each contract, the type and 
amount of equipment, supplies, or services to be 
provided under the contract, the entity per-
2698 
forming such contract, and the dollar amount 
of each contract; 
(B) each contract that the Federal Govern-
ment intends to enter into within 14 days after 
submission of such report, including the infor-
mation described in subparagraph (A) for each 
such contract; and 
(C) whether any of the contracts described 
in subparagraph (A) or (B) have or will have a 
priority rating under the Defense Production 
Act of 1950 (50 U.S.C. 4501 et seq.), including 
purchase orders pursuant to Department of De-
fense Directive 4400.1 (or any successor direc-
tive), subpart A of part 101 of title 45, Code 
of Federal Regulations, or any other applicable 
authority. 
(4) ADDITIONAL REQUIREMENTS.—The report 
required by this subsection, and each update re-
quired by paragraph (5), shall include— 
(A) any requests for equipment and sup-
plies from State or local governments and In-
dian Tribes, and an accompanying list of the 
employers and unions consulted in developing 
these requests;
2699 
(B) any modeling or formulas used to de-
termine allocation of equipment and supplies, 
and any related chain of command issues on 
making final decisions on allocations; 
(C) the amount and destination of equip-
ment and supplies delivered; 
(D) an explanation of why any portion of 
any contract, whether to replenish the Strategic 
National Stockpile or otherwise, will not be 
filled; 
(E) of products procured under this sec-
tion, the percentage of such products that are 
used to replenish the Strategic National Stock-
pile, that are targeted to COVID–19 hotspots, 
and that are used for the commercial market; 
(F) metrics, formulas, and criteria used to 
determine COVID–19 hotspots or areas of crit-
ical need for a State, county, or an area identi-
fied by the Indian Health Service; 
(G) production and procurement bench-
marks, where practicable; and 
(H) results of the consultation with the 
relevant stakeholders required by paragraph 
(2)(B).
2700 
(5) UPDATES.—The President, in coordination 
with the National Response Coordination Center of 
the Federal Emergency Management Agency, the 
Administrator of the Defense Logistics Agency, the 
Secretary of Health and Human Services, the Sec-
retary of Veterans Affairs, and heads of other Fed-
eral agencies (as appropriate), shall update such re-
port every 14 days. 
(6) PUBLIC
AVAILABILITY.—The President 
shall make the report required by this subsection 
and each update required by paragraph (5) available 
to the public, including on a Government website. 
(b) RESPONSE TO LONGER-TERM NEEDS.— 
(1) IN GENERAL.—Not later than 14 days after 
the date of enactment of this Act, the President, in 
coordination with the National Response Coordina-
tion Center of the Federal Emergency Management 
Agency, the Administrator of the Defense Logistics 
Agency, the Secretary of Health and Human Serv-
ices, the Secretary of Veterans Affairs, and heads of 
other Federal agencies (as appropriate), shall submit 
to the appropriate congressional committees a report 
containing an assessment of the needs described in 
paragraph (2) to combat the COVID–19 pandemic 
and the plan for meeting such needs during the 6-
2701 
month period beginning on the date of submission of 
the report. 
(2) ASSESSMENT.—The report required by this 
subsection shall include— 
(A) an assessment of the elements de-
scribed in subparagraphs (A) through (E) and 
subparagraph (H) of subsection (a)(2); and 
(B) an assessment of needs related to 
COVID–19 vaccines and any additional services 
to address the COVID–19 pandemic, including 
services related to health surveillance to ensure 
that the appropriate level of contact tracing re-
lated to detected infections is available through-
out the United States. 
(3) PLAN.—The report required by this sub-
section shall include a plan for meeting the longer- 
term needs to combat the COVID–19 pandemic, in-
cluding the needs described in paragraph (1). This 
plan shall include— 
(A) a plan to exercise authorities under the 
Defense Production Act of 1950 (50 U.S.C. 
4501 et seq.) necessary to increase the produc-
tion of the medical equipment, supplies, and 
services that are essential to meeting the needs 
identified in paragraph (2) (including the num-
2702 
ber of N–95 respirator masks and other per-
sonal protective equipment needed), based on 
meaningful consultations with relevant stake-
holders— 
(i) by the private sector to resume 
economic activity; and 
(ii) by the public and nonprofit sec-
tors to significantly increase their activi-
ties; 
(B) results of the consultations with the 
relevant stakeholders required by subparagraph 
(A)(ii); 
(C) an estimate of the funding and other 
measures necessary to rapidly expand manufac-
turing production capacity for such equipment 
and supplies, including— 
(i) any efforts to expand, retool, or re-
configure production lines; 
(ii) any efforts to establish new pro-
duction lines through the purchase and in-
stallation of new equipment; or 
(iii) the issuance of additional con-
tracts, purchase orders, purchase guaran-
tees, or other similar measures;
2703 
(D) each contract the Federal Government 
has entered into to meet such needs or expand 
such production, the purpose of each contract, 
the type and amount of equipment, supplies, or 
services to be provided under the contract, the 
entity performing such contract, and the dollar 
amount of each contract; 
(E) each contract that the Federal Govern-
ment intends to enter into within 14 days after 
submission of such report, including the infor-
mation described in subparagraph (D) for each 
such contract; 
(F) whether any of the contracts described 
in subparagraph (D) or (E) have or will have 
a priority rating under the Defense Production 
Act of 1950 (50 U.S.C. 4501 et seq.), including 
purchase orders pursuant to Department of De-
fense Directive 4400.1 (or any successor direc-
tive), subpart A of part 101 of title 45, Code 
of Federal Regulations, or any other applicable 
authority; and 
(G) the manner in which the Defense Pro-
duction Act of 1950 (50 U.S.C. 4501 et seq.) 
could be used to increase services necessary to
2704 
combat the COVID–19 pandemic, including 
services described in paragraph (2)(B). 
(4) UPDATES.—The President, in coordination 
with the National Response Coordination Center of 
the Federal Emergency Management Agency, the 
Administrator of the Defense Logistics Agency, the 
Secretary of Health and Human Services, the Sec-
retary of Veterans Affairs, and heads of other Fed-
eral agencies (as appropriate), shall update such re-
port every 14 days. 
(5) PUBLIC
AVAILABILITY.—The President 
shall make the report required by this subsection 
and each update required by paragraph (4) available 
to the public, including on a Government website. 
(c) REPORT ON EXERCISING AUTHORITIES UNDER 
THE DEFENSE PRODUCTION ACT OF 1950.— 
(1) IN GENERAL.—Not later than 14 days after 
the date of the enactment of this Act, the President, 
in consultation with the Administrator of the Fed-
eral Emergency Management Agency, the Secretary 
of Defense, and the Secretary of Health and Human 
Services, shall submit to the appropriate congres-
sional committees a report on the exercise of au-
thorities under titles I, III, and VII of the Defense
2705 
Production Act of 1950 (50 U.S.C. 4501 et seq.) 
prior to the date of such report. 
(2) CONTENTS.—The report required under 
paragraph (1) and each update required under para-
graph (3) shall include, with respect to each exercise 
of such authority— 
(A) an explanation of the purpose of the 
applicable contract, purchase order, or other ex-
ercise of authority (including an allocation of 
materials, services, and facilities under section 
101(a)(2) of the Defense Production Act of 
1950 (50 U.S.C. 4511(a)(2))); 
(B) the cost of such exercise of authority; 
and 
(C) if applicable— 
(i) the amount of goods that were 
purchased or allocated; 
(ii) an identification of the entity 
awarded a contract or purchase order or 
that was the subject of the exercise of au-
thority; and 
(iii) an identification of any entity 
that had shipments delayed by the exercise 
of any authority under the Defense Pro-
2706 
duction Act of 1950 (50 U.S.C. 4501 et 
seq.). 
(3) UPDATES.—The President shall update the 
report required under paragraph (1) every 14 days. 
(4) PUBLIC
AVAILABILITY.—The President 
shall make the report required by this subsection 
and each update required by paragraph (3) available 
to the public, including on a Government website. 
(d) QUARTERLY REPORTING.—The President shall 
submit to Congress, and make available to the public (in-
cluding on a Government website), a quarterly report de-
tailing all expenditures made pursuant to titles I, III, and 
VII of the Defense Production Act of 1950 (50 U.S.C. 
4501 et seq.). 
(e) SUNSET.—The requirements of this section shall 
terminate on the later of— 
(1) December 31, 2021; or 
(2) the end of the COVID–19 emergency pe-
riod. 
SEC. 6306. ENHANCEMENTS TO THE DEFENSE PRODUCTION 
ACT OF 1950. 
(a) HEALTH EMERGENCY AUTHORITY.—Section 107 
of the Defense Production Act of 1950 (50 U.S.C. 4517) 
is amended by adding at the end the following:
2707 
‘‘(c) HEALTH EMERGENCY AUTHORITY.—With re-
spect to a public health emergency declaration by the Sec-
retary of Health and Human Services under section 319 
of the Public Health Service Act, or preparations for such 
a health emergency, the Secretary of Health and Human 
Services and the Administrator of the Federal Emergency 
Management Agency are authorized to carry out the au-
thorities provided under this section to the same extent 
as the President.’’. 
(b) EMPHASIS ON BUSINESS CONCERNS OWNED BY 
WOMEN, MINORITIES, VETERANS, AND NATIVE AMERI-
CANS.—Section 108 of the Defense Production Act of 
1950 (50 U.S.C. 4518) is amended— 
(1) in the heading, by striking ‘‘MODERNIZA-
TION OF SMALL BUSINESS SUPPLIERS’’ and in-
serting ‘‘SMALL BUSINESS PARTICIPATION AND 
FAIR INCLUSION’’; 
(2) by amending subsection (a) to read as fol-
lows: 
‘‘(a) PARTICIPATION AND INCLUSION.— 
‘‘(1) IN GENERAL.—In providing any assistance 
under this Act, the President shall accord a strong 
preference for subcontractors and suppliers that 
are— 
‘‘(A) small business concerns; or
2708 
‘‘(B) businesses of any size owned by 
women, minorities, veterans, and the disabled. 
‘‘(2) SPECIAL CONSIDERATION.—To the max-
imum extent practicable, the President shall accord 
the preference described under paragraph (1) to 
small business concerns and businesses described in 
paragraph (1)(B) that are located in areas of high 
unemployment or areas that have demonstrated a 
continuing pattern of economic decline, as identified 
by the Secretary of Labor.’’; and 
(3) by adding at the end the following: 
‘‘(c) MINORITY DEFINED.—In this section, the term 
‘minority’— 
‘‘(1) has the meaning given the term in section 
308(b) of the Financial Institutions Reform, Recov-
ery, and Enforcement Act of 1989; and 
‘‘(2) includes any indigenous person in the 
United States, including any territories of the 
United States.’’. 
(c) ADDITIONAL INFORMATION
IN ANNUAL RE-
PORT.—Section 304(f)(3) of the Defense Production Act 
of 1950 (50 U.S.C. 4534(f)(3)) is amended by striking 
‘‘year.’’ and inserting ‘‘year, including the percentage of 
contracts awarded using Fund amounts to each of the 
groups described in section 108(a)(1)(B) (and, with re-
2709 
spect to minorities, disaggregated by ethnic group), and 
the percentage of the total amount expended during such 
fiscal year on such contracts.’’. 
(d) DEFINITION OF NATIONAL DEFENSE.—Section 
702(14) of the Defense Production Act of 1950 is amend-
ed by striking ‘‘and critical infrastructure protection and 
restoration’’ and inserting ‘‘, critical infrastructure protec-
tion and restoration, and health emergency preparedness 
and response activities’’. 
SEC. 6307. SECURING ESSENTIAL MEDICAL MATERIALS. 
(a) STATEMENT OF POLICY.—Section 2(b) of the De-
fense Production Act of 1950 (50 U.S.C. 4502) is amend-
ed— 
(1) by redesignating paragraphs (3) through 
(8) as paragraphs (4) through (9), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) authorities under this Act should be used 
when appropriate to ensure the availability of med-
ical materials essential to national defense, including 
through measures designed to secure the drug sup-
ply chain, and taking into consideration the impor-
tance of United States competitiveness, scientific 
leadership and cooperation, and innovative capac-
ity;’’.
2710 
(b) STRENGTHENING DOMESTIC CAPABILITY.—Sec-
tion 107 of the Defense Production Act of 1950 (50 
U.S.C. 4517) is amended— 
(1) in subsection (a), by inserting ‘‘(including 
medical materials)’’ after ‘‘materials’’; and 
(2) in subsection (b)(1), by inserting ‘‘(includ-
ing medical materials such as drugs to diagnose, 
cure, mitigate, treat, or prevent disease that essen-
tial to national defense)’’ after ‘‘essential materials’’. 
(c) STRATEGY ON SECURING SUPPLY CHAINS FOR 
MEDICAL ARTICLES.—Title I of the Defense Production 
Act of 1950 (50 U.S.C. 4511 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR 
MEDICAL MATERIALS. 
‘‘(a) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this section, the President, 
in consultation with the Secretary of Health and Human 
Services, the Secretary of Commerce, the Secretary of 
Homeland Security, and the Secretary of Defense, shall 
transmit a strategy to the appropriate Members of Con-
gress that includes the following: 
‘‘(1) A detailed plan to use the authorities 
under this title and title III, or any other provision 
of law, to ensure the supply of medical materials (in-
2711 
cluding drugs to diagnose, cure, mitigate, treat, or 
prevent disease) essential to national defense, to the 
extent necessary for the purposes of this Act. 
‘‘(2) An analysis of vulnerabilities to existing 
supply chains for such medical articles, and rec-
ommendations to address the vulnerabilities. 
‘‘(3) Measures to be undertaken by the Presi-
dent to diversify such supply chains, as appropriate 
and as required for national defense. 
‘‘(4) A discussion of— 
‘‘(A) any significant effects resulting from 
the plan and measures described in this sub-
section on the production, cost, or distribution 
of vaccines or any other drugs (as defined 
under section 201 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 321)); 
‘‘(B) a timeline to ensure that essential 
components of the supply chain for medical ma-
terials are not under the exclusive control of a 
foreign government in a manner that the Presi-
dent determines could threaten the national de-
fense of the United States; and 
‘‘(C) efforts to mitigate any risks resulting 
from the plan and measures described in this 
subsection to United States competitiveness,
2712 
scientific leadership, and innovative capacity, 
including efforts to cooperate and proactively 
engage with United States allies. 
‘‘(b) PROGRESS REPORT.—Following submission of 
the strategy under subsection (a), the President shall sub-
mit to the appropriate Members of Congress an annual 
progress report evaluating the implementation of the 
strategy, and may include updates to the strategy as ap-
propriate. The strategy and progress reports shall be sub-
mitted in unclassified form but may contain a classified 
annex. 
‘‘(c) APPROPRIATE MEMBERS OF CONGRESS.—The 
term ‘appropriate Members of Congress’ means the 
Speaker, majority leader, and minority leader of the 
House of Representatives, the majority leader and minor-
ity leader of the Senate, the Chairman and Ranking Mem-
ber of the Committees on Armed Services and Financial 
Services of the House of Representatives, and the Chair-
man and Ranking Member of the Committees on Armed 
Services and Banking, Housing, and Urban Affairs of the 
Senate.’’. 
SEC. 6308. GAO REPORT. 
(a) IN GENERAL.—Not later than 270 days after the 
date of the enactment of this Act, and annually thereafter, 
the Comptroller General of the United States shall submit
2713 
to the appropriate congressional committees a report on 
ensuring that the United States Government has access 
to the medical supplies and equipment necessary to re-
spond to future pandemics and public health emergencies, 
including recommendations with respect to how to ensure 
that the United States supply chain for diagnostic tests 
(including serological tests), personal protective equip-
ment, vaccines, and therapies is better equipped to re-
spond to emergencies, including through the use of funds 
in the Defense Production Act Fund under section 304 
of the Defense Production Act of 1950 (50 U.S.C. 4534) 
to address shortages in that supply chain. 
(b) REVIEW OF ASSESSMENT AND PLAN.— 
(1) IN GENERAL.—Not later than 30 days after 
each of the submission of the reports described in 
subsections (a) and (b) of section 5405, the Comp-
troller General of the United States shall submit to 
the appropriate congressional committees an assess-
ment of such reports, including identifying any gaps 
and providing any recommendations regarding the 
subject matter in such reports. 
(2) MONTHLY
REVIEW.—Not later than a 
month after the submission of the assessment under 
paragraph (1), and monthly thereafter, the Comp-
troller General shall issue a report to the appro-
2714 
priate congressional committees with respect to any 
updates to the reports described in subsections (a) 
and (b) of section 5405 that were issued during the 
previous 1-month period, containing an assessment 
of such updates, including identifying any gaps and 
providing any recommendations regarding the sub-
ject matter in such updates. 
SEC. 6309. DEFINITIONS. 
In this title: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committees on Appropriations, 
Armed Services, Energy and Commerce, Financial 
Services, Homeland Security, and Veterans’ Affairs 
of the House of Representatives and the Committees 
on Appropriations, Armed Services, Banking, Hous-
ing, and Urban Affairs, Health, Education, Labor, 
and Pensions, Homeland Security and Governmental 
Affairs, and Veterans’ Affairs of the Senate. 
(2) COVID–19 
EMERGENCY
PERIOD.—The 
term ‘‘COVID–19 emergency period’’ means the pe-
riod beginning on the date of enactment of this Act 
and ending after the end of the incident period for 
the emergency declared on March 13, 2020, by the 
President under section 501 of the Robert T. Staf-
2715 
ford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 4121 et seq.) relating to the Coronavirus 
Disease 2019 (COVID–19) pandemic. 
(3) RELEVANT STAKEHOLDER.—The term ‘‘rel-
evant stakeholder’’ means— 
(A) representative private sector entities; 
(B) representatives of the nonprofit sector; 
and 
(C) representatives of labor organizations 
representing workers, including unions that rep-
resent health workers, manufacturers, public 
sector employees, and service sector workers. 
(4) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, and any territory or 
possession of the United States. 
TITLE LXIV—OTHER MATTERS 
SEC. 6401. FAA RATING OF CIVILIAN PILOTS OF THE DE-
PARTMENT OF DEFENSE. 
(a) ELIGIBILITY FOR CERTAIN RATINGS.—Not later 
than 18 months after the date of the enactment of this 
Act, the Administrator of the Federal Aviation Adminis-
tration shall revise section 61.73 of title 14, Code of Fed-
eral Regulations to ensure that a Department of Defense 
civilian pilot is eligible for a rating based on qualifications
2716 
earned as a Department of Defense pilot, pilot instructor, 
or pilot examiner in the same manner that a military pilot 
is eligible for such a rating based on qualifications earned 
as a military pilot, pilot instructor, or pilot examiner. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘Department of Defense civilian 
pilot’’— 
(A) means an individual, other than a mili-
tary pilot, who is employed as a pilot by the De-
partment of Defense; and 
(B) does not include a contractor of the 
Department of Defense. 
(2) The term ‘‘military pilot’’ means a military 
pilot, as such term is used in section 61.73 of title 
14, Code of Federal Regulations (as in effect on the 
date of the enactment of this Act). 
SEC. 6402. PROPERTY DISPOSITION FOR AFFORDABLE 
HOUSING. 
Section 5334(h)(1) of title 49, United States Code, 
is amended to read as follows: 
‘‘(1) IN GENERAL.—If a recipient of assistance 
under this chapter decides an asset acquired under 
this chapter at least in part with that assistance is 
no longer needed for the purpose for which such
2717 
asset was acquired, the Secretary may authorize the 
recipient to transfer such asset to— 
‘‘(A) a local governmental authority to be 
used for a public purpose with no further obli-
gation to the Government if the Secretary de-
cides— 
‘‘(i) the asset will remain in public use 
for at least 5 years after the date the asset 
is transferred; 
‘‘(ii) there is no purpose eligible for 
assistance under this chapter for which the 
asset should be used; 
‘‘(iii) the overall benefit of allowing 
the transfer is greater than the interest of 
the Government in liquidation and return 
of the financial interest of the Government 
in the asset, after considering fair market 
value and other factors; and 
‘‘(iv) through an appropriate screen-
ing or survey process, that there is no in-
terest in acquiring the asset for Govern-
ment use if the asset is a facility or land; 
or 
‘‘(B) a local governmental authority, non-
profit organization, or other third party entity
2718 
to be used for the purpose of transit-oriented 
development with no further obligation to the 
Government if the Secretary decides— 
‘‘(i) the asset is a necessary compo-
nent of a proposed transit-oriented devel-
opment project; 
‘‘(ii) the transit-oriented development 
project will increase transit ridership; 
‘‘(iii) at least 40 percent of the hous-
ing units offered in the transit-oriented de-
velopment, including housing units owned 
by nongovernmental entities, are legally 
binding affordability restricted to tenants 
with incomes at or below 60 percent of the 
area median income and owners with in-
comes at or below 60 percent the area me-
dian income, which shall include at least 
20 percent of such housing units offered 
restricted to tenants with incomes at or 
below 30 percent of the area median in-
come and owners with incomes at or below 
30 percent the area median income; 
‘‘(iv) the asset will remain in use as 
described in this section for at least 30
2719 
years after the date the asset is trans-
ferred; and 
‘‘(v) with respect to a transfer to a 
third party entity— 
‘‘(I) a local government authority 
or nonprofit organization is unable to 
receive the property; 
‘‘(II) the overall benefit of allow-
ing the transfer is greater than the in-
terest of the Government in liquida-
tion and return of the financial inter-
est of the Government in the asset, 
after considering fair market value 
and other factors; and 
‘‘(III) the third party has dem-
onstrated a satisfactory history of 
construction or operating an afford-
able housing development.’’. 
SEC. 6403. REQUIREMENT TO ESTABLISH A NATIONAL NET-
WORK FOR MICROELECTRONICS RESEARCH 
AND DEVELOPMENT. 
Section 9903(b)(1) of the William M. (Mac) Thorn-
berry National Defense Authorization Act for Fiscal Year 
2021 (Public Law 116-283) is amended in the matter pre-
2720 
ceding subparagraph (A) by striking ‘‘may’’ and inserting 
‘‘shall’’. 
SEC. 6404. DEFINITION OF STATE FOR PURPOSES OF OMNI-
BUS CRIME CONTROL AND SAFE STREETS 
ACT OF 1968. 
Section 901(a)(2) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 
10251(a)(2)) is amended by striking ‘‘Northern Mariana 
Islands’’ and all that follows through ‘‘Commonwealth of 
the Northern Mariana Islands.’’ and inserting ‘‘Northern 
Mariana Islands;’’. 
SEC. 6405. ADVANCING MUTUAL INTERESTS AND GROWING 
OUR SUCCESS. 
(a) NONIMMIGRANT TRADERS AND INVESTORS.—For 
purposes of clauses (i) and (ii) of section 101(a)(15)(E) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(E)), Portugal shall be considered to be a for-
eign state described in such section if the Government of 
Portugal provides similar nonimmigrant status to nation-
als of the United States. 
(c) MODIFICATION OF ELIGIBILITY CRITERIA FOR E 
VISAS.—Section 101(a)(15)(E) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended— 
(1) in the matter preceding clause (i)—
2721 
(A) by inserting ‘‘(or, in the case of an 
alien who acquired the relevant nationality 
through a financial investment and who has not 
previously been granted status under this sub-
paragraph, the foreign state of which the alien 
is a national and in which the alien has been 
domiciled for a continuous period of not less 
than 3 years at any point before applying for 
a nonimmigrant visa under this subparagraph)’’ 
before ‘‘, and the spouse’’; and 
(B) by striking ‘‘him’’ and inserting ‘‘such 
alien’’; and 
(2) by striking ‘‘he’’ each place such term ap-
pears and inserting ‘‘the alien’’. 
SEC. 6406. DEPARTMENT OF VETERANS AFFAIRS GOV-
ERNORS CHALLENGE GRANT PROGRAM. 
(a) GOVERNORS CHALLENGE PROGRAM.—The Sec-
retary of Veterans Affairs shall carry out a grant program 
to be known as the ‘‘Governors Challenge Program’’ under 
which the Secretary shall provide technical assistance to 
States and American Indian and Alaska Native tribes for 
the development of veteran suicide prevention activities. 
(b) GOVERNORS
CHALLENGE
IMPLEMENTATION 
GRANT PROGRAM.—
2722 
(1) AUTHORITY.—The Secretary of Veterans 
Affairs shall carry out a grant program, to be known 
as the ‘‘Governors Challenge Implementation Grant 
Program’’ under which the Secretary shall make 
grants to eligible entities for the purpose of devel-
oping and implementing plans developed by the enti-
ties to prevent veteran suicides. 
(2) ELIGIBLE ENTITIES.—For purposes of the 
grant program under paragraph (1), an eligible enti-
ty is a State or an American Indian or Alaska Na-
tive tribe— 
(A) that— 
(i) in the case of a State, develops a 
veteran suicide prevention plan, known as 
a ‘‘Governors Challenge Action Plan’’; or 
(ii) in the case of an American Indian 
or Alaska Native tribe, develops a veteran 
suicide prevention plan; and 
(B) that submits to the Secretary a pro-
posal for the implementation of such plan that 
contains such information and assurances as 
the Secretary may require. 
(3) AWARD
OF
GRANT.—The Secretary shall 
award grants under this subsection as follows:
2723 
(A) For fiscal year 2022, the Secretary 
shall award grants to 20 eligible entities. 
(B) For each of fiscal years 2023 and 
2024, the Secretary shall award grants to 24 el-
igible entities. 
(4) AMOUNT OF GRANT; LIMITATION.— 
(A) AMOUNT.—The recipient of a grant 
under this subsection shall receive an amount of 
not more than $500,000 for any fiscal year for 
a maximum of three years. 
(B) LIMITATION ON USE OF FUNDS.—The 
recipient of a grant under this subsection may 
not use more than ten percent of the amount of 
the grant for administrative costs. 
(5) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN GENERAL.—There is authorized to 
be appropriated to carry out this subsection— 
(i) $10,000,000 for fiscal year 2022; 
(ii) $12,000,000 for fiscal year 2023; 
and 
(iii) $14,000,000 for fiscal year 2024. 
(B) 
RELATIONSHIP
TO
OTHER 
AMOUNTS.—Amounts authorized to be appro-
priated pursuant to subparagraph (A) shall be
2724 
in addition to any other amounts otherwise 
available for the Governors Challenge Program. 
SEC. 6407. FOREIGN CORRUPTION ACCOUNTABILITY. 
(a) FINDINGS.—Congress finds the following: 
(1) When public officials and their allies use the 
mechanisms of government to engage in extortion or 
bribery, they impoverish their countries’ economic 
health and harm citizens. 
(2) By empowering the United States Govern-
ment to hold to account foreign public officials and 
their associates who engage in extortion or bribery, 
the United States can deter malfeasance and ulti-
mately serve the citizens of fragile countries suffo-
cated by corrupt bureaucracies. 
(3) The Special Inspector General for Afghan 
Reconstruction’s 2016 report ‘‘Corruption in Con-
flict: Lessons from the U.S. Experience in Afghani-
stan’’ included the recommendation, ‘‘Congress 
should consider enacting legislation that authorizes 
sanctions against foreign government officials or 
their associates who engage in corruption.’’. 
(b) AUTHORIZATION
OF
IMPOSITION
OF
SANC-
TIONS.— 
(1) IN GENERAL.—The President may impose 
the sanctions described in paragraph (2) with re-
2725 
spect to any foreign person who is an individual the 
President determines— 
(A) engages in public corruption activities 
against a United States person, including— 
(i) soliciting or accepting bribes; 
(ii) using the authority of the state to 
extort payments; or 
(iii) engaging in extortion; or 
(B) conspires to engage in, or knowingly 
and materially assists, sponsors, or provides sig-
nificant financial, material, or technological 
support for any of the activities described in 
subparagraph (A). 
(2) SANCTIONS DESCRIBED.— 
(A) 
INADMISSIBILITY
TO
UNITED 
STATES.—A foreign person who is subject to 
sanctions under this section shall be— 
(i) inadmissible to the United States; 
(ii) ineligible to receive a visa or other 
documentation to enter the United States; 
and 
(iii) otherwise ineligible to be admitted 
or paroled into the United States or to re-
ceive any other benefit under the Immigra-
2726 
tion and Nationality Act (8 U.S.C. 1101 et 
seq.). 
(B) CURRENT VISAS REVOKED.— 
(i) IN GENERAL.—The visa or other 
entry documentation of a foreign person 
who is subject to sanctions under this sec-
tion shall be revoked regardless of when 
such visa or other entry documentation is 
issued. 
(ii) EFFECT OF REVOCATION.—A rev-
ocation under clause (i) shall— 
(I) take effect immediately; and 
(II) automatically cancel any 
other valid visa or entry documenta-
tion that is in the foreign person’s 
possession. 
(3) EXCEPTION
TO
COMPLY
WITH
LAW
EN-
FORCEMENT OBJECTIVES AND AGREEMENT REGARD-
ING HEADQUARTERS OF UNITED NATIONS.—Sanc-
tions described under paragraph (2) shall not apply 
to a foreign person if admitting the person into the 
United States— 
(A) would further important law enforce-
ment objectives; or