(a) Short title.—This Act may be cited as the “Keep America Secure Act”.

(b) Table of contents.—The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Authorization of appropriations.

There is authorized to be appropriated for the necessary expenses of the Department of Homeland Security authorized by this Act, the amendments made by this Act, and other provisions of law (including relevant provisions of title 49, United States Code, and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.))—

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

(A) $11,975,942,980 shall be for grants and agency expenditures as provided in titles III, IV, V, and VI and the amendments made by such titles; and

(B) $7,917,936,000 shall be for the Transportation Security Administration as provided by section 114(w) of title 49, United States Code; and

(2) $60,200,000,000 for fiscal year 2022, of which $20,477,721,840 shall be for grants and agency expenditures as provided in titles III, IV, V, and VI and the amendments made by such titles.

Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended—

(1) by redesignating paragraphs (9) through (20) as paragraphs (10) through (21), respectively; and

(2) by inserting after paragraph (8) the following new paragraph (9):

“(9) The term ‘homeland security enterprise’ means any relevant governmental or nongovernmental entity involved in homeland security, including a Federal, State, or local government official, private sector representative, academic, or other policy expert.”.

Section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) is amended—

(1) in subsection (b)—

(A) in paragraph (2), by striking “and” after the semicolon at the end;

(B) in paragraph (3), by striking the period and inserting “; and”; and

(C) by adding at the end the following:

“(4) may enter into agreements with governments of other countries, in consultation with the Secretary of State and international nongovernmental organizations, in order to achieve the missions of the Department.”; and

(2) in subsection (c), in the matter preceding paragraph (1), by striking “through the Office of State and Local Coordination (established under section 801)” and inserting “through the Office of Partnership and Engagement”; and

(3) by adding at the end the following new subsection:

“(h) Headquarters.—

“(1) COMPONENTS.—There is in the Department a Headquarters. The Department Headquarters shall include each of the following:

“(A) The Office of the Secretary.

“(B) The Office of the Deputy Secretary.

“(C) The Executive Secretary.

“(D) The Management Directorate, including the Office of the Chief Financial Officer.

“(E) The Science and Technology Directorate.

“(F) The Office of Strategy, Policy, and Plans.

“(G) The Office of the General Counsel.

“(H) The Office of the Chief Privacy Officer.

“(I) The Office for Civil Rights and Civil Liberties.

“(J) The Office of Operations Coordination.

“(K) The Office of Intelligence and Analysis.

“(L) The Office of Legislative Affairs.

“(M) The Office of Public Affairs.

“(N) The Office of the Inspector General.

“(O) The Office of the Citizenship and Immigration Services Ombudsman.

“(P) The Office of Partnership and Engagement.

“(Q) The Countering Weapons of Mass Destruction Office.

“(2) FUNCTIONS.—The Secretary, acting through the appropriate official of the Headquarters, shall—

“(A) establish an overall strategy to successfully further the mission of the Department;

“(B) establish initiatives that improve Department-wide operational performance;

“(C) establish mechanisms to—

“(i) ensure that components of the Department comply with Department policies and fully implement the strategies and initiatives of the Secretary; and

“(ii) require the head of each component of the Department and component chief officers to comply with such policies and implement such strategies and initiatives;

“(D) establish annual operational and management objectives to evaluate the performance of the Department;

“(E) ensure that the Department successfully meets operational and management performance objectives through conducting oversight of component agencies;

“(F) ensure that the strategies, priorities, investments, and workforce of Department components align with Department objectives;

“(G) establish and implement policies related to Department ethics and compliance standards;

“(H) establish and implement, in consultation with the Office of Civil Rights and Civil Liberties, policies which preserve individual liberty, fairness, and equality under the law;

“(I) manage and encourage shared services across Department components;

“(J) lead and coordinate interaction with Congress and other external organizations; and

“(K) carry out other such functions as the Secretary determines are appropriate.”.

(a) Abolishment of Director of Shared Services.—

(1) ABOLISHMENT.—The position of Director of Shared Services of the Department of Homeland Security is abolished.

(2) CONFORMING AMENDMENT.—The Homeland Security Act of 2002 is amended by striking section 475 (6 U.S.C. 295).

(3) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is amended by striking the item relating to section 475.

(b) Abolishment of the Office of Counternarcotics Enforcement.—

(1) ABOLISHMENT.—The Office of Counternarcotics Enforcement is abolished.

(2) CONFORMING AMENDMENTS.—The Homeland Security Act of 2002 is amended—

(A) in subparagraph (B) of section 843(b)(1) (6 U.S.C. 413(b)(1)), by striking “by—” and all that follows through the end of that subparagraph and inserting “by the Secretary; and”; and

(B) by striking section 878 (6 U.S.C. 112).

(3) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is amended by striking the item relating to section 878.

(a) In general.—Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1)—

(i) by inserting “to be the Chief Privacy Officer of the Department and, if the Secretary so appoints, the Chief Freedom of Information Act (FOIA) Officer,” after “in the Department,”; and

(ii) by striking “to the Secretary, to assume primary responsibility for privacy policy” and inserting “to the Secretary. Such official shall be deemed the equivalent of an Assistant Secretary, and shall assume primary responsibility for privacy policy and, if determined appropriate by the Secretary, FOIA policy, of the Department”;

(B) in paragraph (5)(B), by striking “and” at the end; and

(C) by striking paragraph (6) and inserting the following new paragraphs:

“(6) developing guidance and recommendations to assist components of the Department in developing privacy policies and practices;

“(7) establishing a mechanism to ensure such components are in compliance with Federal, regulatory, statutory, and Department privacy requirements, mandates, directives, and policies;

“(8) working with the Chief Information Officer of the Department to identify methods for managing and overseeing the records, management policies, and procedures of the Department;

“(9) working with components and offices of the Department to ensure that policy development, information sharing, and information management activities incorporate disclosure considerations and privacy protections;

“(10) serving as the Chief FOIA Officer of the Department for purposes of subsection (j) of section 552 of title 5, United States Code (popularly known as the Freedom of Information Act), to manage and process requests related to such section;

“(11) developing guidance on procedures to be followed by individuals making requests for information under such section 552;

“(12) overseeing hiring of FOIA officers and the management and processing of requests for information under such section 552 within Department Headquarters and relevant Department component offices;

“(13) identifying and eliminating unnecessary and duplicative technology and actions taken by the Department in the course of processing requests for information under such section 552;

“(14) preparing an annual report to Congress that includes a description of—

“(A) the activities of the Department that affect privacy during the fiscal year covered by the report, including complaints of privacy violations, implementation of section 552a of title 5, United States Code (popularly known as the Privacy Act of 1974), internal controls, and other matters; and

“(B) insignificant programs implemented or revised in the Department during the fiscal year covered by the report, the number of programs that the Chief Privacy Officer has evaluated to ensure that privacy protections are considered and implemented, the number of programs reviewed that effectively implemented privacy protections, and an explanation of why any new programs did not effectively implement privacy protections;

“(15) issuing guidance to relevant Department component offices to ensure uniform disclosure policies and processes to administer such section 552; and

“(16) carrying out such other responsibilities as the Secretary determines are appropriate, consistent with this section.”; and

(2) by adding at the end the following new subsections:

“(f) Reassignment of functions.—Notwithstanding any requirement under this section, the Secretary may reassign the functions related to managing and processing requests for information under section 552 of title 5, United States Code, to another officer within the Department, consistent with requirements of such section.

“(g) Working group.—

“(1) IN GENERAL.—The Chief Privacy Officer, or, if the Secretary determines appropriate, whoever is appointed by the Secretary as the Chief FOIA Officer, shall establish and serve as the Chair of a working group comprised of personnel from across the Department who are involved in executing disclosure policies and processes involved in administration of section 552 of title 5, United States Code (commonly referred to as the ‘Freedom of Information Act’).

“(2) PURPOSE.—The working group established in accordance with paragraph (1) shall be a forum—

“(A) for the sharing of information and best practices; and

“(B) to develop solutions to challenges encountered within Department component offices relating to disclosure policies and processes referred to in such paragraph.

“(3) RESPONSIBILITIES.—Members of the working group shall meet not less than once every quarter to advise the Chair on matters concerning disclosure policies and processes involved in the administration of section 552 of title 5, United States Code, including on the following matters:

“(A) The development of guidance for uniform disclosure policies and processes, in accordance with paragraph (15) of subsection (a).

“(B) Ways to reduce unnecessary redundancies that may undermine the responsive and efficient processing of requests for information under such section 552.”.

(a) In general.—Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following new 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 320 the following new item:

“Sec. 321. Countering Unmanned Aircraft Systems Coordinator.”.

(a) In general.—Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 342) is amended—

(1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

(2) by inserting after subsection (a) the following new subsection (b):

“(b) Responsibilities.—In carrying out the responsibilities, authorities, and functions specified in section 902 of title 31, United States Code, the Chief Financial Officer shall—

“(1) oversee Department budget formulation and execution;

“(2) lead and provide guidance on performance-based budgeting practices for the Department to ensure that the Department and its components are meeting missions and goals;

“(3) lead cost-estimating practices for the Department, including the development of policies on cost estimating and approval of life cycle cost estimates;

“(4) coordinate with the Office of Strategy, Policy, and Plans to ensure that the development of the budget for the Department is compatible with the long-term strategic plans, priorities, and policies of the Secretary;

“(5) develop financial management policy for the Department and oversee the implementation of such policy, including the establishment of effective internal controls over financial reporting systems and processes throughout the Department;

“(6) provide guidance for and over financial system modernization efforts throughout the Department;

“(7) lead the efforts of the Department related to financial oversight, including identifying ways to streamline and standardize business processes;

“(8) oversee the costs of acquisition programs and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable, or can be adequately funded, over the life cycle of such programs and activities;

“(9) fully implement a common accounting structure to be used across the entire Department by fiscal year 2022; and

“(10) track, approve, oversee, and make public information on expenditures by components of the Department for conferences, as appropriate, including by requiring each component to—

“(A) report to the Inspector General of the Department the expenditures by such component for each conference hosted or attended by Department employees for which the total expenditures of the Department exceed $20,000, within 15 days after the date of the conference; and

“(B) with respect to such expenditures, provide to the Inspector General—

“(i) the information described in subsections (a), (b), and (c) of section 739 of title VII of division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113–235); and

“(ii) documentation of such expenditures.”.

(b) Rule of construction.—Nothing in the amendment made by this section may be construed as altering or amending the responsibilities, authorities, and functions of the Chief Financial Officer of the Department of Homeland Security under section 902 of title 31, United States Code.

(a) In general.—Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is amended—

(1) in subsection (a), by adding at the end the following new sentence: “In addition to the functions under section 3506(a)(2) of title 44, United States Code, the Chief Information Officer shall perform the functions set forth in this section and such other functions as may be assigned by the Secretary.”;

(2) by redesignating subsection (b) as subsection (d); and

(3) by inserting after subsection (a) the following new subsections:

“(b) Responsibilities.—In addition to performing the functions under section 3506 of title 44, United States Code, the Chief Information Officer shall serve as the lead technical authority for information technology programs of the Department and Department components, and shall—

“(1) advise and assist the Secretary, heads of the components of the Department, and other senior officers in carrying out the responsibilities of the Department for all activities relating to the budgets, programs, security, and operations of the information technology functions of the Department;

“(2) to the extent delegated by the Secretary, exercise leadership and authority over Department information technology management and establish the information technology priorities, policies, processes, standards, guidelines, and procedures of the Department to ensure interoperability and standardization of information technology;

“(3) maintain a consolidated inventory of the mission critical and mission essential information systems of the Department, and develop and maintain contingency plans for responding to a disruption in the operation of any of those information systems;

“(4) maintain the security, visibility, reliability, integrity, and availability of data and information technology of the Department;

“(5) establish and implement policies and procedures to effectively monitor and manage vulnerabilities in the supply chain for purchases of information technology, in consultation with the Chief Procurement Officer of the Department;

“(6) review contracts and interagency agreements associated with major information technology investments and information technology investments that have had cost, schedule, or performance challenges in the past;

“(7) assess the risk of all major information technology investments and publicly report the risk rating to the Office of Management and Budget;

“(8) oversee the management of the Homeland Security Enterprise Architecture technology system and ensure that, before each acquisition decision event (as such term is defined in section 839), approved information technology acquisitions comply with any departmental information technology management requirements, security protocols, and the Homeland Security Enterprise Architecture, and in any case in which information technology acquisitions do not comply with the Department’s management directives, making recommendations to the Department’s Acquisition Review Board regarding such noncompliance;

“(9) provide recommendations to the Acquisition Review Board regarding information technology programs, and developing information technology acquisition strategic guidance; and

“(10) carry out any other responsibilities delegated by the Secretary consistent with an effective information system management function.

“(c) Strategic plans.—In coordination with the Chief Financial Officer, the Chief Information Officer shall develop an information technology strategic plan every five years and report to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate on the extent to which—

“(1) the budget of the Department aligns with priorities specified in the information technology strategic plan;

“(2) the information technology strategic plan informs the budget process of the Department;

“(3) information technology priorities were or were not funded and the reasons for not funding all priorities in a given fiscal year;

“(4) the Department has identified and addressed skills gaps needed to implement the information technology strategic plan; and

“(5) unnecessary duplicate information technology within and across the components of the Department has been eliminated.”.

(b) Software licensing.—

(1) SOFTWARE INVENTORY.—Not later than 180 days after the date of the enactment of this Act and every two years thereafter until 2024, the Chief Information Officer of the Department of Homeland Security, in consultation with Department component chief information officers, shall—

(A) conduct a Department-wide inventory of all existing software licenses held by the Department, including utilized and unutilized licenses;

(B) assess the needs of the Department and the components of the Department for software licenses for the subsequent two fiscal years;

(C) examine how the Department can achieve the greatest possible economies of scale and cost savings in the procurement of software licenses;

(D) determine how the use of shared cloud-computing services will impact the needs for software licenses for the subsequent two fiscal years;

(E) establish plans and estimated costs for eliminating unutilized software licenses for the subsequent two fiscal years; and

(F) submit a copy of each inventory conducted under subparagraph (A) to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.

(2) PLAN TO REDUCE SOFTWARE LICENSES.—If the Chief Information Officer determines through the inventory conducted under paragraph (1) that the number of software licenses held by the Department and the components of the Department exceed the needs of the Department, not later than 90 days after the date on which the inventory is completed, the Secretary of Homeland Security shall establish a plan for reducing the number of such software licenses to meet needs of the Department.

(3) PROHIBITION ON PROCUREMENT OF NEW SOFTWARE LICENSES.—

(A) IN GENERAL.—Except as provided in subparagraph (B), upon completion of a plan under paragraph (2), no additional resources may be obligated for the procurement of new software licenses for the Department until such time as the need of the Department exceeds the number of used and unused licenses held by the Department.

(B) EXCEPTION.—The Chief Information Officer may authorize the purchase of additional licenses and amend the number of needed licenses as necessary.

(c) Comptroller General review.—Not later than fiscal year 2022, the Comptroller General of the United States shall review the extent to which the Chief Information Officer fulfilled all requirements established in this section and the amendment made by this section.

(d) Completion of first definition of capabilities.—Not later than one year after the date of the enactment of this Act, the Chief Information Officer shall complete the first information technology strategic plan required under subsection (c) of section 701 of the Homeland Security Act of 2002, as added by subsection (a) of this section.

(a) In general.—Section 707 of the Homeland Security Act of 2002 (6 U.S.C. 347) is amended—

(1) in subsection (a)(3)—

(A) in subparagraph (B), by striking “and” at the end;

(B) by redesignating subparagraph (C) as subparagraph (D); and

(C) by inserting after subparagraph (B) the following new subparagraph (C):

“(C) representatives from appropriate advisory committees established pursuant to section 871, including the Homeland Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise established, including the Aviation Security Advisory Committee established pursuant to section 44946 of title 49, United States Code; and”;

(2) in subsection (b)—

(A) in paragraph (2), by inserting before the semicolon at the end the following: “based on the risk assessment required pursuant to subsection (c)(2)(B)”;

(B) in paragraph (3)—

(i) by inserting “, to the extent practicable,” after “describe”; and

(ii) by striking “budget plan” and inserting “resources required”;

(C) in paragraph (4)—

(i) by inserting “, to the extent practicable,” after “identify”;

(ii) by striking “budget plan required to provide sufficient resources to successfully” and inserting “resources required to”; and

(iii) by striking the semicolon at the end and inserting “, including any resources identified from redundant, wasteful, or unnecessary capabilities and capacities that can be redirected to better support other existing capabilities and capacities, as the case may be; and”;

(D) in paragraph (5), by striking “; and” and inserting a period; and

(E) by striking paragraph (6);

(3) in subsection (c)—

(A) in paragraph (1), by striking “December 31 of the year” and inserting “60 days after the date of the submittal of the President’s budget for the fiscal year after the fiscal year”; and

(B) in paragraph (2)—

(i) in subparagraph (B), by striking “description of the threats to” and inserting “risk assessment of”;

(ii) in subparagraph (C), by inserting “, as required under subsection (b)(2)” before the semicolon at the end;

(iii) in subparagraph (D)—

(I) by inserting “to the extent practicable,” before “a description”; and

(II) by striking “budget plan” and inserting “resources required”;

(iv) in subparagraph (F)—

(I) by inserting “to the extent practicable,” before “a discussion”; and

(II) by striking “the status of”;

(v) in subparagraph (G)—

(I) by inserting “to the extent practicable,” before “a discussion”;

(II) by striking “the status of”;

(III) by inserting “and risks” before “to national homeland”; and

(IV) by inserting “and” after the semicolon at the end;

(vi) by striking subparagraph (H); and

(vii) by redesignating subparagraph (I) as subparagraph (H);

(4) by redesignating subsection (d) as subsection (e); and

(5) by inserting after subsection (c) the following new subsection:

“(d) Review.—Not later than 90 days after the submission of each report required under subsection (c)(1), the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the degree to which the findings and recommendations developed in the quadrennial homeland security review covered by the report were integrated into the acquisition strategy and expenditure 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, 2020.

(a) In general.—Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended—

(1) in subsection (a), by adding at the end he following: “The Office of Strategy, Policy, and Plans shall include the following components:

“(1) The Office of International Affairs.

“(2) The Office of Cyber Policy.

“(3) The Office of Strategy, Planning, Analysis, and Risk.

“(4) The Office of Threat Prevention and Security Policy.

“(5) The Office of Border, Immigration, and Trade Policy.”;

(2) by redesignating subsections (e) through (g) as subsections (f) through (h), respectively; and

(3) by inserting after subsection (d) the following new subsection:

“(e) Assistant Secretary for International Affairs.—The Office of International Affairs shall be led by an Assistant Secretary for International Affairs appointed by the Secretary. The Assistant Secretary shall—

“(1) coordinate international activities within the Department, including activities carried out by the components of the Department, in consultation with other Federal officials with responsibility for counterterrorism and homeland security matters;

“(2) advise, inform, and assist the Secretary with respect to the development and implementation of the policy priorities of the Department, including strategic priorities for the deployment of assets, including personnel, outside the United States;

“(3) develop, in consultation with the Under Secretary for Management, guidance for selecting, assigning, training, and monitoring overseas deployments of Department personnel, including minimum standards for pre-deployment training;

“(4) maintain awareness regarding the international travel of senior officers of the Department and their intent to pursue negotiations with foreign government officials, and review resulting draft agreements; and

“(5) perform such other functions as are established by law or delegated by the Under Secretary for Policy.”.

(b) Abolishment of Office of International Affairs.—

(1) IN GENERAL.—The Office of International Affairs within the Office of the Secretary of Homeland Security is abolished.

(2) TRANSFER OF ASSETS AND PERSONNEL.—The functions authorized to be performed by such office as of the day before the date of the enactment of this Act, and the assets and personnel associated with such functions, are transferred to the head of the Office of International Affairs provided for by section 709 of the Homeland Security Act of 2002, as amended by this section.

(3) CONFORMING AMENDMENT.—The Homeland Security Act of 2002 is amended by striking section 879 (6 U.S.C. 459).

(4) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is amended by striking the item relating to section 879.

(c) Conforming amendments relating to Assistant Secretaries.—Subsection (a) of section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113) is amended—

(1) in the subsection heading, by inserting “; Assistant Secretaries and Other Officers” after “Under Secretaries”;

(2) in paragraph (1), by amending subparagraph (I) to read as follows:

“(I) An Administrator of the Transportation Security Administration.”;

(3) by amending paragraph (2) to read as follows:

“(2) ASSISTANT SECRETARIES.—The following Assistant Secretaries shall be appointed by the President or the Secretary, as the case may be, without the advice and consent of the Senate:

“(A) PRESIDENTIAL APPOINTMENTS.—The Department shall have the following officials appointed by the President:

“(i) The Assistant Secretary for the Countering Weapons of Mass Destruction Office.

“(ii) The Assistant Secretary for Public Affairs.

“(iii) The Assistant Secretary for Legislative Affairs.

“(iv) The Chief Medical Officer.

“(B) SECRETARIAL APPOINTMENTS.—The Department shall have the following Assistant Secretaries appointed by the Secretary:

“(i) The Principal Assistant Secretary for External Affairs.

“(ii) The Assistant Secretary, Office of Cybersecurity and Communications.

“(iii) The Assistant Secretary for International Affairs.

“(iv) The Assistant Secretary for Partnership and Engagement.

“(v) The Assistant Secretary for Threat Prevention and Security Policy.

“(vi) The Assistant Secretary for Border, Immigration, and Trade Policy.

“(vii) The Assistant Secretary for Cyber, Infrastructure, and Resilience Policy.

“(viii) The Assistant Secretary for Strategy, Planning, Analysis, and Risk.

“(ix) The Assistant Secretary for State and Local Law Enforcement.”; and

(4) by adding at the end the following new paragraph:

“(3) ASSISTANT SECRETARY FOR LEGISLATIVE AFFAIRS.—The Assistant Secretary for Legislative Affairs shall oversee one internal reporting structure for engaging with authorizing and appropriating congressional committees.”.

(d) Homeland Security Advisory Council.—Subsection (b) of section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) is amended—

(1) in paragraph (2), by striking “and” at the end;

(2) in paragraph (3), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following new paragraph:

“(4) shall establish a Homeland Security Advisory Council to provide advice and recommendations on homeland security-related matters, including advice with respect to the preparation of the Quadrennial Homeland Security Review.”.

(e) Definitions.—In this section each of the terms “functions”, “assets”, and “personnel” has the meaning given each such term under section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).

(f) Duplication review.—

(1) REVIEW REQUIRED.—Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall complete a review of the functions and responsibilities of each Department of Homeland Security component responsible for international affairs to identify and eliminate areas of unnecessary duplication.

(2) SUBMISSION TO CONGRESS.—Not later than 60 days after the completion of the review required under paragraph (1), the Secretary shall provide the results of the review to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.

(3) ACTION PLAN.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional homeland security committees an action plan, including corrective steps and an estimated date of completion, to address areas of duplication, fragmentation, and overlap and opportunities for cost savings and revenue enhancement, as identified by the Government Accountability Office based on the annual report of the Government Accountability Office entitled “Additional Opportunities to Reduce Fragmentation, Overlap, and Duplication and Achieve Other Financial Benefits”.

(a) In general.—Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new 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. Chief Procurement Officer.”.

(a) In general.—Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by this title, is further amended by adding at the end the following new section:

(b) Clerical amendment.—The table of contents in section 1(b) of such Act is further amended by inserting after the item relating to section 711, as added by this title, the following new item:

“Sec. 712. Chief Security Officer.”.

(a) In general.—Section 801 of the Homeland Security Act of 2002 (6 U.S.C. 361) is amended to read as follows:

(b) Office for State and Local Law Enforcement.—Paragraph (1) of section 2006(b) of the Homeland Security Act of 2002 (6 U.S.C. 607(b)) is amended by striking “Policy Directorate” and inserting “Office of Partnership and Engagement”.

(c) Abolishment of Office for State and Local Government Coordination.—

(1) IN GENERAL.—The Office for State and Local Government Coordination of the Department of Homeland Security is abolished.

(2) TRANSFER OF FUNCTIONS AND ASSETS.—The functions authorized to be performed by such office as of the day before the date of the enactment of this Act, and the assets and personnel associated with such functions, are transferred to the head of the Office of Partnership and Engagement under section 801 of the Homeland Security Act of 2002, as amended by this section.

(d) Abolishment of Special Assistant to Secretary of Homeland Security.—

(1) IN GENERAL.—The position of Special Assistant to the Secretary of Homeland Security authorized under section 102(f) of the Homeland Security Act of 2002 (6 U.S.C. 112(f)), as in effect on the day before the date of the enactment of this Act, is abolished.

(2) TRANSFER OF FUNCTIONS AND ASSETS.—The functions authorized to be performed by such Special Assistant to the Secretary as of the day before such date of enactment, and the assets and personnel associated with such functions, are transferred to the head of the Office of Partnership and Engagement under section 801 of the Homeland Security Act of 2002, as amended by this section.

(3) CONFORMING AMENDMENT.—Section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) is amended by—

(A) striking subsection (f); and

(B) redesignating subsection (g) as subsection (f).

(e) Clerical amendment.—The table of contents in section 1(b) of such Act is amended by amending the item relating to section 801 to read as follows:

“Sec. 801. Office of Partnership and Engagement.”.

(a) Enhancements to the rotation program.—Section 844 of the Homeland Security Act of 2002 (6) U.S.C. 414) is amended—

(1) by striking “(a) Establishment—.”;

(2) by redesignating paragraphs (1) through (5) as subsections (a) through (e), respectively, and adjusting the margins accordingly;

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

(A) by striking “Not later than 180 days after the date of enactment of this section, the” and inserting “The”; and

(B) by striking “for employees of the Department” and inserting “for certain personnel within the Department”;

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

(A) by redesignating subparagraphs (A) through (G) as paragraphs (3) through (9), respectively, and adjusting the margins accordingly;

(B) by inserting before paragraph (3), as so redesignated, the following new paragraphs:

“(1) seek to foster greater departmental integration and unity of effort;

“(2) seek to help enhance the knowledge, skills, and abilities of participating personnel with respect to the programs, policies, and activities of the Department;”;

(C) in paragraph (4), as so redesignated, by striking “middle and senior level”; and

(D) in paragraph (7), as so redesignated, by inserting before “invigorate” the following: “seek to improve morale and retention throughout the Department and”;

(5) in subsection (c), as redesignated by paragraph (2)—

(A) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and adjusting the margins accordingly; and

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

(i) by striking clause (iii); and

(ii) by redesignating clauses (i), (ii), and (iv) through (viii) as subparagraphs (A) through (G), respectively, and adjusting the margins accordingly;

(6) by redesignating subsections (d) and (e), as redesignated by paragraph (2), as subsections (e) and (f), respectively;

(7) by inserting after subsection (c) the following new subsection:

“(d) Administrative matters.—In carrying out the Rotation Program the Secretary shall—

“(1) before selecting employees for participation in the Rotation Program, disseminate information broadly within the Department about the availability of the Rotation Program, qualifications for participation in the Rotation Program, including full-time employment within the employing component or office not less than one year, and the general provisions of the Rotation Program;

“(2) require as a condition of participation in the Rotation Program that an employee—

“(A) is nominated by the head of the component or office employing the employee; and

“(B) is selected by the Secretary, or the Secretary’s designee, solely on the basis of relative ability, knowledge, and skills, after fair and open competition that assures that all candidates receive equal opportunity;

“(3) ensure that each employee participating in the Rotation Program shall be entitled to return, within a reasonable period of time after the end of the period of participation, to the position held by the employee, or a corresponding or higher position, in the component or office that employed the employee prior to the participation of the employee in the Rotation Program;

“(4) require that the rights that would be available to the employee if the employee were detailed from the employing component or office to another Federal agency or office remain available to the employee during the employee participation in the Rotation Program; and

“(5) require that, during the period of participation by an employee in the Rotation Program, performance evaluations for the employee—

“(A) shall be conducted by officials in the office or component employing the employee with input from the supervisors of the employee at the component or office in which the employee is placed during that period; and

“(B) shall be provided the same weight with respect to promotions and other rewards as performance evaluations for service in the office or component employing the employee.”; and

(8) by adding at the end the following new subsection:

“(g) Intelligence rotational assignment program.—

“(1) ESTABLISHMENT.—The Secretary shall establish an Intelligence Rotational Assignment Program as part of the Rotation Program under subsection (a).

“(2) ADMINISTRATION.—The Chief Human Capital Officer, in conjunction with the Chief Intelligence Officer, shall administer the Intelligence Rotational Assignment Program established pursuant to paragraph (1).

“(3) ELIGIBILITY.—The Intelligence Rotational Assignment Program established pursuant to paragraph (1) shall be open to employees serving in existing analyst positions within the Department’s Intelligence Enterprise and other Department employees as determined appropriate by the Chief Human Capital Officer and the Chief Intelligence Officer.

“(4) COORDINATION.—The responsibilities specified in subsection (c)(2) that apply to the Rotation Program under such subsection shall, as applicable, also apply to the Intelligence Rotational Assignment Program under this subsection.”.

(b) Congressional notification and oversight.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information about the status of the Homeland Security Rotation Program authorized by section 844 of the Homeland Security Act of 2002, as amended by subsection (a) of this section.

(a) In general.—Title VII of the Homeland Security Act of 2002, as amended by this title, is further amended by adding at the end the following new section:

(b) Clerical amendment.—The table of contents in section 1(b) of such Act is further amended by inserting after the item relating to section 712, as added by this title, the following new item:

“Sec. 713. Annual submission to Congress of information on reprogramming or transfers of funds to respond to operational surges.”.

(a) Briefing required.—

(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act and every 180 days thereafter, the Secretary of Homeland Security shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing regarding Department of Homeland Security personnel with primary duties that take place outside of the United States.

(2) REQUIREMENTS.—The briefings required under paragraph (1) shall include the following:

(A) A detailed summary of, and deployment schedule for, each type of personnel position with primary duties that take place outside of the United States and how each such position contributes to the Department of Homeland Security’s counterterrorism mission.

(B) Information related to how the geographic and regional placement of such positions contributes to the Department’s counterterrorism mission.

(C) Information related to any risk mitigation plans for each geographic and regional placement, including to address counter-intelligence risks.

(D) Information regarding the costs of deploying or maintaining personnel at each geographic and regional placement, including information on any cost-sharing agreement with foreign partners to cover a portion or all the costs relating to such deployment or maintenance.

(E) Maintain and enhance practices to guard against counter-espionage and counter-intelligence threats, including cyber threats, associated with Department personnel.

(F) Information regarding trends in foreign efforts to influence such personnel while deployed overseas to contribute to the Department’s counterterrorism mission.

(G) Information related to the position-specific training received by such personnel before and during placement at a foreign location.

(H) Challenges that may impede the communication of counterterrorism information between Department personnel at foreign locations and Department entities in the United States, including technical, resource, and administrative challenges.

(I) The status of efforts to implement the strategy referred to in paragraph (1).

(J) The status of efforts (beginning with the second briefing required under this subsection) to implement the enhancement plan under subsection (b).

(3) TERMINATION.—The briefing requirement under paragraph (1) shall terminate on the date that is 4 years after the submission of the strategy referred to in such paragraph.

(b) Overseas personnel enhancement plan.—

(1) IN GENERAL.—Not later than 90 days after the first briefing required under subsection (a), the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan to enhance the effectiveness of Department of Homeland Security personnel at foreign locations.

(2) PLAN REQUIREMENTS.—The plan required under paragraph (1) shall include proposals to—

(A) improve efforts of Department of Homeland Security personnel at foreign locations, as necessary, for purposes of providing foreign partner capacity development and furthering the Department’s counterterrorism mission;

(B) as appropriate, redeploy Department personnel to respond to changing threats to the United States;

(C) enhance collaboration among Department personnel at foreign locations, other Federal personnel at foreign locations, and foreign partners;

(D) improve the communication of counterterrorism information between Department personnel at foreign locations and Department entities in the United States, including to address technical, resource, and administrative challenges; and

(E) maintain practices to guard against counter-espionage threats associated with Department personnel.

(a) In general.—Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following new section:

(b) Clerical amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 835 the following new item:

“Sec. 836. Acquisition Review Board.”.

Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended by—

(1) redesignating subsection (d), the first subsection (e) (relating to the system for award management consultation), and the second subsection (e) (relating to the definition of interoperable communications) as subsections (e), (f), and (g), respectively; and

(2) inserting after subsection (c) the following new subsection:

“(d) Acquisition and related responsibilities.—

“(1) IN GENERAL.—Notwithstanding section 1702(a) of title 41, United States Code, the Under Secretary for Management is the Chief Acquisition Officer of the Department. As Chief Acquisition Officer, the Under Secretary shall have the authorities and perform the functions specified in such section 1702(b), and perform all other functions and responsibilities delegated by the Secretary or described in this subsection.

“(2) FUNCTIONS AND RESPONSIBILITIES.—In addition to the authorities and functions specified in section 1702(b) of title 41, United States Code, the functions and responsibilities of the Under Secretary for Management related to acquisition (as such term is defined in section 836) include the following:

“(A) Advising the Secretary regarding acquisition management activities, taking into account risks of failure to achieve cost, schedule, or performance parameters, to ensure that the Department achieves its mission through the adoption of widely accepted program management best practices (as such term is defined in section 836) and standards and, where appropriate, acquisition innovation best practices.

“(B) Leading the Department’s acquisition oversight body, the Acquisition Review Board.

“(C) Exercising the acquisition decision authority (as such term is defined in section 836) to approve, pause, modify (including the rescission of approvals of program milestones), or cancel major acquisition programs (as such term is defined in section 836), unless the Under Secretary delegates such authority to a Component Acquisition Executive (as such term is defined in section 836) pursuant to paragraph (3).

“(D) Establishing policies for acquisition that implement an approach that takes into account risks of failure to achieve cost, schedule, or performance parameters that all components of the Department shall comply with, including outlining relevant authorities for program managers to effectively manage acquisition programs (as such term is defined in section 836).

“(E) Ensuring that each major acquisition program has a Department-approved acquisition program baseline (as such term is defined in section 836), pursuant to the Department’s acquisition management policy.

“(F) Assisting the heads of components and Component Acquisition Executives in efforts to comply with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives.

“(G) Ensuring that grants and financial assistance are provided only to individuals and organizations that are not suspended or debarred.

“(H) Distributing guidance throughout the Department to ensure that contractors involved in acquisitions, particularly contractors that access the Department’s information systems and technologies, adhere to relevant Department policies related to physical and information security as identified by the Under Secretary for Management.

“(I) Overseeing the Component Acquisition Executive organizational structure to ensure Component Acquisition Executives have sufficient capabilities and comply with Department acquisition policies.

“(3) DELEGATION OF CERTAIN ACQUISITION DECISION AUTHORITY.—

“(A) LEVEL 3 ACQUISITIONS.—The Under Secretary for Management may delegate acquisition decision authority to the relevant Component Acquisition Executive for an acquisition program that has a life cycle cost estimate of less than $300,000,000.

“(B) LEVEL 2 ACQUISITIONS.—The Under Secretary for Management may delegate acquisition decision authority in writing to the relevant Component Acquisition Executive for a major acquisition program that has a life cycle cost estimate of at least $300,000 but not more than $1,000,000,000 if all of the following requirements are met:

“(i) The component concerned possesses working policies, processes, and procedures that are consistent with Department-level acquisition policy.

“(ii) The Component Acquisition Executive concerned has adequate, experienced, and dedicated professional employees with program management training, as applicable, commensurate with the size of the acquisition programs and related activities delegated to such Component Acquisition Executive by the Under Secretary for Management.

“(iii) Each major acquisition program concerned has written documentation showing that it has a Department-approved acquisition program baseline and it is meeting agreed-upon cost, schedule, and performance thresholds.

“(C) LEVEL 1 ACQUISITIONS.—The Under Secretary for Management may delegate acquisition decision authority in writing to the relevant Component Acquisition Executive for a Level 1 major acquisition program that has a life cycle cost estimate of more than $1,000,000,000 if all of the following requirements are met:

“(i) The Undersecretary for Management conducts a risk assessment of the planned acquisition and determines that it is appropriate to delegate authority for such major acquisition program.

“(ii) The component concerned possesses working policies, processes, and procedures that are consistent with Department-level acquisition policy.

“(iii) The Component Acquisition Executive concerned has adequate, experienced, and dedicated professional employees with program management training, as applicable, commensurate with the size of the acquisition programs and related activities delegated to such Component Acquisition Executive by the Under Secretary for Management.

“(iv) Each Level 1 major acquisition program concerned has written documentation showing that it has a Department-approved acquisition program baseline and it is meeting agreed-upon cost, schedule, and performance thresholds.

“(v) The Under Secretary for Management provides written notification to the appropriate congressional committees of the decision to delegate the authority to the relevant Component Acquisition Executive.

“(4) RELATIONSHIP TO UNDER SECRETARY FOR SCIENCE AND TECHNOLOGY.—

“(A) IN GENERAL.—Nothing in this subsection shall diminish the authority granted to the Under Secretary for Science and Technology under this Act. The Under Secretary for Management and the Under Secretary for Science and Technology shall cooperate in matters related to the coordination of acquisitions across the Department so that investments of the Directorate of Science and Technology are able to support current and future requirements of the components of the Department.

“(B) OPERATIONAL TESTING AND EVALUATION.—The Under Secretary for Science and Technology shall—

“(i) ensure, in coordination with relevant component heads, that major acquisition programs—

“(I) complete operational testing and evaluation of technologies and systems to be acquired or developed by major acquisition programs to assess operational effectiveness, suitability, and cybersecurity;

“(II) use independent verification and validation of operational test and evaluation implementation and results, as appropriate; and

“(III) document whether such programs meet all performance requirements included in their acquisition program baselines;

“(ii) ensure that such operational testing and evaluation includes all system components and incorporates operators into the testing to ensure that systems perform as intended in the appropriate operational setting; and

“(iii) determine if testing conducted by other Federal departments and agencies and private entities is relevant and sufficient in determining whether systems perform as intended in the operational setting.”.

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

(1) redesignating paragraphs (4) through (7) as (5) through (8), respectively; and

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

“(4) ensure acquisition programs (as such term is defined in section 836) support the DHS Quadrennial Homeland Security Review Report, the DHS Strategic Plan, the DHS Strategic Priorities, and other appropriate successor documents;”.

(a) In general.—Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by this title, is further amended by adding at the end the following new 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 713, as added by this title, the following new item:

“Sec. 714. Acquisition authorities for Program Accountability and Risk Management.”.

(a) Review required.—The Comptroller General of the United States shall conduct a review of the effectiveness of the Acquisition Review Board established under section 836 of the Homeland Security Act of 2002 (as added by this title) and the requirements to reduce unnecessary duplication in acquisition programs established under section 837 of such Act (as added by this title) in improving the Department’s acquisition management process.

(b) Scope of report.—The review shall include the following:

(1) An assessment of the effectiveness of the Board in increasing program management oversight, best practices and standards, and discipline among the components of the Department, including in working together and in preventing overlap and unnecessary duplication.

(2) An assessment of the effectiveness of the Board in instilling program management discipline.

(3) A statement of how regularly each major acquisition program is reviewed by the Board, how often the Board stops major acquisition programs from moving forward in the phases of the acquisition life cycle process, and the number of major acquisition programs that have been halted because of problems with operational effectiveness, schedule delays, or cost overruns.

(4) An assessment of the effectiveness of the Board in impacting acquisition decision making within the Department, including the degree to which the Board impacts decision making within other headquarters mechanisms and bodies involved in the administration of acquisition activities.

(c) Report required.—Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the congressional homeland security committees a report on the review required by this section. The report shall be submitted in unclassified form but may include a classified annex.

Not later than five days after the issuance of a waiver by the Secretary of Homeland Security of Federal requirements that an agency not engage in business with a contractor in the Excluded Party List System (or successor system) as maintained by the General Services Administration, the Secretary shall submit to Congress notice of such waiver and an explanation for a finding by the Secretary that a compelling reason exists for issuing such waiver.

The Inspector General of the Department of Homeland Security shall—

(1) conduct audits as determined necessary by the Inspector General regarding grant and procurement awards to identify instances in which a contract or grant was improperly awarded to a suspended or debarred entity and whether corrective actions were taken to prevent recurrence; and

(2) review the suspension and debarment program throughout the Department to assess whether suspension and debarment criteria are consistently applied throughout the Department and whether disparities exist in the application of such criteria, particularly with respect to business size and categories.

(a) In general.—Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), as amended by this title, is further amended by adding at the end the following new 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 836, as added by this title, the following new item:

“Sec. 837. Congressional notification and other requirements for major acquisition program breach.”.

(a) In general.—Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), as amended by this title, is further amended by adding at the end the following new 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 837, as added by this title, the following new item:

“Sec. 838. Multiyear acquisition strategy.”.

(c) Government Accountability Office review of multiyear acquisition strategy.—

(1) REVIEW.—After submission of the first multiyear acquisition strategy in accordance with section 838 of the Homeland Security Act of 2002, as added by subsection (a), after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of such plan within 180 days to analyze the viability of such plan’s effectiveness in the following:

(A) Complying with the requirements of such section 838.

(B) Establishing clear connections between Department of Homeland Security objectives and acquisition priorities.

(C) Demonstrating that Department acquisition policy reflects program management best practices and standards.

(D) Ensuring competition or the option of competition for major acquisition programs.

(E) Considering potential cost savings through using already-existing technologies when developing acquisition program requirements.

(F) Preventing duplication within Department acquisition workforce training requirements through leveraging already-existing training within the Federal Government, academic community, or private industry.

(G) Providing incentives for acquisition program managers to reduce acquisition and procurement costs through the use of best practices and disciplined program management.

(2) DEFINITIONS.—The terms “acquisition”, “best practices”, and “major acquisition programs” have the meanings given such terms in section 836 of the Homeland Security Act of 2002, as added by this title.

(3) REPORT.—Not later than 180 days after the completion of the review required by subsection (a), the Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate a report on the review. Such report shall be submitted in unclassified form but may include a classified annex.

(a) In general.—Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), as amended by this title, is further amended by adding at the end the following new section:

(b) Level 3 acquisition programs of components of the department.—

(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act, component heads of the Department of Homeland Security shall identify to the Under Secretary for Management of the Department all level 3 acquisition programs of each respective component. Not later than 30 days after receipt of such information, the Under Secretary shall certify in writing to the congressional homeland security committees whether such component heads have properly identified such programs. To carry out this paragraph, the Under Secretary shall establish a process with a repeatable methodology to continually identify level 3 acquisition programs.

(2) POLICIES AND GUIDANCE.—Not later than 180 days after the date of the enactment of this Act, component heads of the Department of Homeland Security shall submit to the Under Secretary for Management of the Department their respective policies and relevant guidance for level 3 acquisition programs of each respective component. Not later than 90 days after receipt of such policies and guidance, the Under Secretary for Management shall certify to the congressional homeland security committees that each component’s respective policies and guidance adhere to Department-wide acquisition policies.

(c) Clerical amendment.—The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 838, as added by this title, the following new item:

“Sec. 839. Acquisition reports.”.

(a) Prohibition on agency operation or procurement.—The Secretary of Homeland Security may not operate, provide financial assistance for, or enter into or renew a contract for the procurement of—

(1) an unmanned aircraft system (UAS) that—

(A) is manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country;

(B) uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country;

(C) uses a ground control system or operating software developed in a covered foreign country or by a corporation domiciled in a covered foreign country; or

(D) uses network connectivity or data storage located in or administered by a corporation domiciled in a covered foreign country; or

(2) a system manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country for the detection or identification of covered unmanned aircraft systems.

(b) Waiver.—The Secretary of Homeland Security may waive the prohibition under subsection (a) on a case by case basis by certifying in writing to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate that the operation or procurement that is the subject of such a waiver is required—

(1) in the national interest of the United States;

(2) for counter-UAS surrogate testing and training; or

(3) for intelligence, electronic warfare, or information warfare operations, testing, analysis, and or training.

(c) Definitions.—In this section:

(1) COVERED FOREIGN COUNTRY.—The term “covered foreign country” means a country labeled as a strategic competitor in the “Summary of the 2018 National Defense Strategy of the United States of America: Sharpening the American Military’s Competitive Edge” issued by the Department of Defense pursuant to section 113 of title 10, United States Code.

(2) COVERED UNMANNED AIRCRAFT SYSTEM.—The term “unmanned aircraft system” has the meaning given such term in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 44802 note).

(a) In general.—Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by this title, is further amended by adding at the end the following new 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 714, as added by this title, the following new item:

“Sec. 715. Office of Biometric Identity Management.”.

(a) Appointment authority for veterans.—Notwithstanding sections 3309 through 3319, 3327, and 3330 of title 5, United States Code, the Secretary of Homeland Security may noncompetitively appoint a qualified veteran to a position in the competitive service within the Department of Homeland Security.

(b) Public hiring authority.—

(1) IN GENERAL.—The Secretary of Homeland Security may, notwithstanding sections 3309 through 3319, 3327, and 3330 of title 5, United States Code, noncompetitively appoint a qualified candidate to a position in the competitive service if the Secretary determines such position is critical to the mission of the Department.

(2) CONDITIONS.—

(A) 20 PERCENT OR GREATER.—The Secretary of Homeland Security may exercise the authority under paragraph (1) in any calendar year only if the representation of veterans within the Department of Homeland Security civilian workforce at the end of the preceding fiscal year was 20 percent or greater.

(B) LESS THAN 20 PERCENT.—In the event the representation of veterans within the Department of Homeland Security in a fiscal year does not meet or exceed the level identified in subparagraph (A), the Secretary may exercise the authority under this section for the following calendar year provided that the total number of qualified candidates appointed under this section does not exceed 20 percent of the total number of positions that the Department of Homeland Security filled during the preceding fiscal year.

(c) Regulations.—The Secretary of Homeland Security may prescribe regulations to carry out this section and any such regulations shall be exempt from the requirements of section 553 of title 5, United States Code, as a matter relating to agency management or personnel.

(d) Information and report.—

(1) INFORMATION.—The Secretary of Homeland Security shall, not later than December 31 of each calendar year, provide to the Director of the Office of Personnel Management identification of the mission critical occupations to which the Secretary appointed qualified candidates under subsection (b) during the preceding fiscal year.

(2) REPORT.—The Secretary of Homeland Security shall annually report to Congress on the effectiveness of the use of the authority under this section regarding the length of time to hire individuals, employee retention, and vacancies within the Department of Homeland Security.

(e) Definitions.—In this section—

(1) the term “veteran” means an individual who—

(A) (i) has served on active duty in the Armed Forces; and

(ii) was discharged or released from active duty in the Armed Forces under honorable conditions; or

(B) is preference eligible, as defined in section 2108 of title 5, United States Code; and

(2) the term “mission critical occupation” means those occupations that affect the ability to achieve the agency’s mission.

(a) Strategy for fitness standardization.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Chief Security Officer of the Department of Homeland Security and in coordination with heads of the components of the Department, shall—

(1) develop a strategy and timeline for implementation and use of uniform fitness standards that correspond to the relevant position risk level as the basis for fitness determinations for a contractor employee across the Department of Homeland Security; and

(2) ensure such strategy includes a system of reciprocity across the Department.

(b) Length of time for fitness review.—The Secretary of Homeland Security, acting through the Chief Security Officer of the Department of Homeland Security, shall collect data to allow the Department and its components and contractor representatives to assess average fitness investigation, adjudication, and determination processing times for each component of the Department, including information regarding the parameters used to calculate each such average.

(c) Study on fitness adjudication status updates.—Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Chief Security Officer of the Department of Homeland Security, shall enter into a contract with a federally funded research and development center (FFRDC) to conduct a cost benefit analysis for establishing a uniform process to provide contractor representatives access to information regarding the status of fitness determinations for Department contractor employees relevant to such contractor representatives.

(a) Training expansion.—Section 884(c) of the Homeland Security Act of 2002 (6 U.S.C. 464) is amended—

(1) in paragraph (9), by striking “and” at the end;

(2) by redesignating paragraph (10) as paragraph (11); and

(3) by inserting after paragraph (9) and inserting the following new paragraphs:

“(10) conduct training programs for Federal, State, local, Tribal, and territorial law enforcement agencies related to human smuggling and trafficking along the United States border, at airport security checkpoints, and within the interior of the United States; and”.

(b) FLETC human trafficking awareness training program.—The Director, in consultation with the Blue Campaign office, shall develop a program to provide training to Federal, State, local, Tribal, territorial, and international law enforcement personnel, as appropriate, related to—

(1) identifying instances of human trafficking;

(2) the types of information that should be collected and recorded in information technology systems utilized by the Department to help identify individuals suspected or convicted of human trafficking;

(3) how to conduct systematic and routine information sharing within the Department and among Federal, State, Tribal, and local law enforcement agencies regarding—

(A) individuals suspected or convicted of human trafficking; and

(B) patterns and practices of human trafficking;

(4) techniques to identify suspected victims of trafficking along the United States border and at airport security checkpoints; and

(5) methods to be used by the Transportation Security Administration and personnel from other appropriate agencies to—

(A) train employees of the Transportation Security Administration to identify suspected victims of trafficking; and

(B) serve as a liaison and resource regarding human trafficking prevention to appropriate State, local, and private sector aviation workers and the traveling public.

Section 434 of the Homeland Security Act of 2002 (6 U.S.C. 242) is amended by adding at the end the following new subsections:

“(f) Web-Based training programs.—To enhance training opportunities, the Director of the Blue Campaign shall develop web-based interactive training videos 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) Detention and correction system personnel.

“(3) Such other individuals as the Director determines appropriate.

“(g) Blue Campaign Advisory Board.—

“(1) IN GENERAL.—The Secretary shall establish within the Department a Blue Campaign Advisory Board and shall assign to such Board a representative from each of the following components:

“(A) The Transportation Security Administration.

“(B) U.S. Customs and Border Protection.

“(C) U.S. Immigration and Customs Enforcement.

“(D) The Federal Law Enforcement Training Center.

“(E) The United States Secret Service.

“(F) Any other components or offices the Secretary determines appropriate.

“(2) CONSULTATION.—The Director shall consult the Board established pursuant to paragraph (1) regarding the following:

“(A) Trends and patterns in human trafficking to inform the development of training and materials by the Blue Campaign.

“(B) The development of effective awareness campaigns for Federal and non-Federal officials to identify and prevent instances of human trafficking.

“(C) Outreach to persons or entities that may be uniquely positioned to recognize signs of human trafficking and provide assistance in the development of materials for such persons.

“(3) APPLICABILITY.—The Federal Advisor 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 development of programs under the Blue Campaign and the implementation of such programs, the Director is authorized to consult with State, local, Tribal, and territorial agencies, non-governmental organizations, private sector organizations, and experts. Such consultation shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).”.

(a) In general.—Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following new section:

(b) Conforming amendment.—Subsection (d) of section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121) is amended by adding at the end the following new paragraph:

“(24) To carry out section 210H (relating to homeland threat assessments).”.

(c) Clerical amendment.—The table of contents of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 210G the following new item:

“Sec. 210H. Homeland threat assessments.”.

(a) In general.—Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by this title, is further amended by adding at the end the following new 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 210H, as added by title, the following new item:

“Sec. 210I. Homeland intelligence doctrine.”.

(a) Annual assessment required.—Not later than 1 year after the date of the enactment of this Act and again not later than 5 years thereafter, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an assessment of the degree to which guidance established pursuant to section 210I of the Homeland Security Act of 2002 (as added by section 202) is implemented across the Department of Homeland Security. Such assessment should evaluate the extent to which such guidance is carried out in a manner that protects privacy, civil rights, and civil liberties.

(b) Elements of assessment.—In conducting each assessment under subsection (a), the Comptroller General of the United States shall—

(1) use standard methodology and reporting formats in order to demonstrate and display any changes over time; and

(2) include any other subject matter the Comptroller General determines appropriate.

(c) Access to relevant data.—To carry out this section, the Secretary of Homeland Security shall ensure that the Comptroller General of the United States has access to all relevant data.

Paragraph (1) of section 201(e) of the Homeland Security Act of 2002 (6 U.S.C. 121(e)) is amended by adding at the end the following new sentence: “The Secretary shall also provide the Chief Intelligence Officer with a staff having appropriate expertise and experience to assist the Chief Intelligence Officer.”.

(a) In general.—Title I of the Homeland Security Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding at the end the following new section:

(b) Reporting.—

(1) IN GENERAL.—Not later than two years after the date of the enactment of section 104 of the Homeland Security Act of 2002 (as added by subsection (a) of this section) and biennially thereafter for the next four years, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate a report on how the Department of Homeland Security and its components and offices have implemented the strategy developed pursuant to subsection (b)(2)(A) of such section 104, the status of the Department’s risk assessment of critical assets, the types of insider threat training conducted, the number of Department employees who have received such training, and information on the effectiveness of the Insider Threat Program (established pursuant to subsection (a) of such section 104), based on metrics developed, collected, and reported pursuant to subsection (b)(2)(H) of such section 104.

(2) DEFINITIONS.—In this subsection, the terms “critical assets”, “insider”, and “insider threat” have the meanings given such terms in section 104 of the Homeland Security Act of 2002 (as added by subsection (a) of this section).

(c) Clerical amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 103 the following new item:

“Sec. 104. Insider Threat Program.”.

(a) Establishment.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall assign personnel of the Department of Homeland Security to participate in a counterintelligence vetting task force to make recommendations to improve counterintelligence vetting for appropriate departmental programs.

(b) Personnel.—In carrying out subsection (a), the Secretary of Homeland Security may assign personnel from any component of the Department of Homeland Security the Secretary determines necessary to participate in the task force established pursuant to such subsection.

(c) Coordination.—In carrying out subsection (a), the Secretary of Homeland Security may request participation in the task force established pursuant to such subsection from other appropriate Federal agencies.

(d) Report.—Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the recommendations made by the task force established pursuant to subsection (a).

(a) Establishment.—

(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the interagency working group established under section 1746(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) shall commence a review of the current policies and procedures of the Department of Homeland Security and Department of State for the purpose of identifying, investigating, and preventing the illicit transfer of sensitive technologies and research from United States institutions of higher education and research institutions through more effective visa security operations and improved protections for such sensitive technologies.

(2) OBJECTIVES.—

(A) ANALYSIS OF CURRENT VISA ISSUANCE AND ADMISSION PROCEDURES.—The interagency working group referred to in paragraph (1) shall—

(i) analyze the current visa application process, and the role of the Department of Homeland Security and the Department of State in such process, including the screening of visa applicants against appropriate criminal, intelligence, national security, terrorism, and other databases and information maintained by the Federal Government, and make recommendations to the Secretaries of such Departments to better screen, identify, and refuse entry to individuals who seek to enter the United States to engage in the illicit transfer of sensitive technologies from United States institutions of higher educations or research institutions;

(ii) evaluate current policies for refusing visas on grounds that an individual is likely to enter the United States to engage in the illicit transfer of sensitive technologies and recommend updates to the Foreign Affairs Manual and other agency guidance to clarify when and how visas can be refused on such grounds; and

(iii) analyze current screening procedures at United States ports of entry and make recommendations to the Secretaries of such Departments to better identify individuals who seek to enter the United States to engage in such illicit transfer of sensitive technologies.

(B) NATIONAL SECURITY REVIEW OF CERTAIN NONIMMIGRANT STUDENTS.—The interagency working group shall recommend procedures and standards for the Department of Homeland Security, in cooperation with other appropriate Federal agencies, to conduct national security reviews of aliens who—

(i) are present in the United States—

(I) in a nonimmigrant classification described in subparagraphs (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) and change from a program of study not related to sensitive technologies to a program of study or significant coursework, research, or laboratory access related to sensitive technologies; or

(II) as a nonimmigrant and seek to change status, pursuant to section 248 of the Immigration and Nationality Act (8 U.S.C. 1258), to that of a nonimmigrant described in subparagraph (F), (J), or (M) of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)), for purposes of engaging in a program of study related to sensitive technologies; and

(ii) as a result of engaging in a program of study related to sensitive technologies, will have access to information related to operating, installing, maintaining, repairing, overhauling, or refurbishing sensitive technologies or development activities related to sensitive technologies.

(C) IDENTIFYING INDIVIDUALS REQUIRING NATIONAL SECURITY REVIEW.—For purposes of facilitating the identification of individuals described in subparagraph (B)(ii), the interagency working group shall—

(i) develop a nonpublic list of six-digit Classification of Instructional Programs (CIP) codes for programs of study related to sensitive technologies to be used in reporting required by section 641 of the Immigration and Nationality Act (8 U.S.C. 1372(d)) and related regulations;

(ii) recommend to the Secretary of Homeland Security changes, as appropriate, to the Student and Exchange Visitor Information System, or other system designated for such purpose by the Secretary of Homeland Security, to ensure that individuals who seek to engage in programs of study but who will not have access to information related to operating, installing, maintaining, repairing, overhauling, or refurbishing sensitive technologies or development activities related to sensitive technologies are not unnecessarily subjected to national security reviews;

(iii) recommend to the Secretary of Homeland Security changes to relevant regulations to ensure that entities certified by the Student and Exchange Visitor Program routinely and accurately report the program of study and other necessary information in the Student and Exchange Visitor Information System, or other system designated for such purpose by the Secretary of Homeland Security, for each nonimmigrant described in subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) who is enrolled in such entity; and

(iv) identify mechanisms for the Department of Homeland Security, in cooperation with other appropriate Federal agencies, to order the removal of and make ineligible for future nonimmigrant classification described in subparagraphs (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) individuals who may be identified following pursuant to national security reviews conducted in accordance with subparagraph (B).

(D) IDENTIFYING GAPS IN AUTHORITY TO ADDRESS NATIONAL SECURITY THREATS.—Not later than one year after the date of the enactment of this Act, the interagency working group shall identify deficiencies in existing legal authorities determined to be an impediment in achieving the recommendations described in clauses (ii) and (iii) of subparagraph (C), and recommend to the appropriate congressional committees legislative solutions to address such deficiencies.

(3) COMPOSITION.—In addition to the members specified in section 1746(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), for purposes of carrying out the review required under paragraph (1), the interagency working group consult with the following:

(A) U.S. Customs and Border Protection, Office of Field Operations.

(B) U.S. Immigration and Customs Enforcement, Student and Exchange Visitor Program.

(C) U.S. Immigration and Customs Enforcement, Counterterrorism and Criminal Exploitation Unit.

(D) U.S. Immigration and Customs Enforcement, Visa Security Program.

(E) The Department of Homeland Security, Office of Intelligence and Analysis.

(F) The Federal Bureau of Investigation.

(G) At least two representatives from the Department of State, Bureau of Consular Affairs.

(H) Private sector and higher education personnel, as appropriate and to a degree that would not detrimentally impact any ongoing law enforcement investigation or intelligence operation, as determined by the Secretary of Homeland Security.

(4) CONSULTATION.—In carrying out the objectives described in paragraph (2), the interagency working group shall coordinate and consult regularly with the National Science, Technology, and Security Roundtable established under section 1746(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).

(5) REPORT.—Not later than one year after the commencement of the review required under paragraph (1), the interagency working group shall submit to the appropriate congressional committees a report—

(A) detailing the results of such review and the analyses and evaluation required under paragraph (2)(A); and

(B) identifying any legislative solutions necessary to improve the ability of the Department of Homeland Security, the Department of State, or both, to identify, investigate, and prevent the illicit transfer of sensitive technologies from United States institutions of higher education and research institutions as a result of programs of study related to sensitive technologies undertaken by aliens described in subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).

(6) DEFINITIONS.—In this subsection:

(A) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives and the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate.

(B) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(C) PROGRAM OF STUDY.—The term “program of study” means any degree program, field of study, significant coursework, research, or laboratory access related to sensitive technologies, or other academic activity required to be reported pursuant to section 641(a) of the Omnibus Consolidated Appropriations Act, 1997 (Public Law 104–208 (8 U.S.C. 1372(a))).

(D) SENSITIVE TECHNOLOGIES.—The term “sensitive technologies” has the meaning given such term in paragraph (8) of section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e)), as added by subsection (b).

(b) Amendments to the Homeland Security Act of 2002 and related visa security matters.—

(1) PROGRAM SCOPE.—Paragraph (1) of section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e)) is amended—

(A) by striking “The Secretary” and inserting the following:

“(A) AUTHORIZATION.—The Secretary”; and

(B) by adding at the end the following new subparagraph:

“(B) RISK-BASED ASSIGNMENTS.—

“(i) IN GENERAL.—Assignments under subparagraph (A) shall be made—

“(I) in a risk-based manner;

“(II) considering the criteria described in clause (ii); and

“(III) in accordance with National Security Decision Directive 38 of June 2, 1982, or any superseding presidential directive concerning staffing at diplomatic and consular posts.

“(ii) CRITERIA DESCRIBED.—The criteria described in this clause are the following:

“(I) The number of nationals of the subject country who were identified in United States Government databases related to the identities of known or suspected terrorists during the previous two years.

“(II) Information on the cooperation of such country with the counterterrorism efforts of the United States.

“(III) Information analyzing the presence, activity, or movement of terrorist organizations (as such term is defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))) within or through such country.

“(IV) The number of formal objections and denials based on derogatory information issued through the interagency Security Advisory Opinion process.

“(V) Countries identified as a strategic competitor in the ‘Summary of the 2018 National Defense Strategy of the United States of America: Sharpening the American Military’s Competitive Edge’ issued by the Department of Defense pursuant to section 113(g)(1)(A) of title 10, United States Code, or any successor document.

“(VI) The number of cases involving counterintelligence, illicit technology transfer, and counterproliferation related to the identities of nationals of such country.

“(VII) Information on the cooperation of such country with the counterintelligence, countering nontraditional collection, illicit technology transfer, and counterproliferation efforts of the United States, including information on foreign government-owned infrastructure and organizations dedicated to such matters.

“(VIII) The adequacy of the border and immigration control of such country.

“(IX) Any other criteria the Secretary determines appropriate.

“(iii) PRIORITIZATION.—The Secretary shall, until December 31, 2024, prioritize the establishment of new overseas assignments made under this subsection to diplomatic and consular posts in countries that are strategic competitors with the goal of countering the exploitation or illicit transfer of sensitive technologies by aliens described in subparagraph (F), (J), or (M) of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)).”.

(2) SCREENING.—Paragraph (2) of section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e)) is amended—

(A) by redesignating subparagraph (C) as subparagraph (D); and

(B) by inserting after subparagraph (B) the following new subparagraph:

“(C) Review visa applications of aliens against appropriate criminal, national security, and terrorism databases or other relevant information maintained by the Federal Government to improve the detection and examination of aliens whose entry into the United States would pose a substantial risk of the illicit transfer of sensitive technologies.”.

(3) DEFINITION.—Subsection (e) of section 428 of the Homeland Security Act of 2002 (6 U.S.C. 236(e)) is amended by inserting at the end the following new paragraph:

“(8) DEFINITION.—In this subsection, the term ‘sensitive technologies’ means—

“(A) areas of research or technology that require additional protection, as established by the interagency working group in accordance with section 1746(a)(3)(E)(i)(III) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92);

“(B) emerging and foundational technologies identified through the interagency process established under section 1758 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232);

“(C) sciences, technologies, and associated programs of study at an institution of higher education, related to energy, nuclear science, nuclear engineering, or a related field for which an alien who is a citizen of Iran would be denied a visa to participate in coursework pursuant to section 501 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8771); and

“(D) technologies and items included on the Commerce Control List, the United States Munitions List, the Nuclear Regulatory Commission Controls, or the Technology Alert List.”.

(4) MEMORANDUM OF UNDERSTANDING.—Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of State shall jointly develop and submit to the appropriate congressional committees a memorandum of understanding detailing the responsibilities of and procedures used by Department of Homeland Security personnel assigned to diplomatic and consular posts under section 428 of the Homeland Security Act of 2002, as amended by this subsection, including visa security vetting and screening activities, the collection and distribution of relevant fees, and the sharing of information on visa refusals based on derogatory information issued through the interagency Security Advisory Opinion process.

(5) MACHINE-READABLE TECHNOLOGY PILOT PROGRAM.—

(A) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of State shall jointly commence a pilot program at a United States diplomatic or consular post in a country with a high volume of individuals who are known to have engaged in government-sponsored technology transfer campaigns. The pilot program shall—

(i) be conducted for not fewer than 365 days; and

(ii) assess opportunities to enhance security vetting, including the use of machine-readable technology and applicant interviews, to better defend research or sensitive technologies in the United States from foreign government-sponsored technology transfer campaigns.

(B) MACHINE-READABLE TECHNOLOGY.—The Secretary of Homeland Security and the Secretary of State shall jointly, as part of the pilot program under subparagraph (A)—

(i) deploy and test equipment and technology to ensure that all documents collected in connection with visa applications are stored in a machine-readable and content-searchable format compatible and shareable between the Department of Homeland Security and the Department of State, and as appropriate, other interagency partners;

(ii) collect supplemental documents from visa applicants in accordance with the requirements under subparagraph (A), as appropriate, and ensure appropriate personnel from the Department of Homeland Security and the Department of State have access to such documents for visa security vetting purposes; and

(iii) evaluate the use of such technology and supplemental documents in improving the efficacy and efficiency of visa security vetting.

(C) APPLICANT INTERVIEWS.—The Secretary of Homeland Security, in coordination with the Secretary of State, shall determine whether additional questions or further documentation requests may be appropriate during visa applicant in-person interviews to improve visa security vetting to address evolving threats to the United States.

(D) REPORT.—Not later than 420 days after the initiation of the pilot program under subparagraph (A), the Secretary of Homeland Security and the Secretary of State shall jointly submit to the appropriate congressional committees and other appropriate Federal partners a report on the following:

(i) The results of the pilot program.

(ii) Recommendations for machine-readable and content-searchable equipment and technology and supplemental documents under paragraph (2).

(iii) Recommendations for additional interview questions and further documentation requests under paragraph (3).

(iv) A determination as to whether and where to expand the use of technologies evaluated during the pilot program.

(6) DEFINITIONS.—In this subsection:

(A) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(i) the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives; and

(ii) the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate.

(B) SCREENING.—The term “screening” means the review of public, private, or governmental information to assess the accuracy and authenticity of claims made on a visa application, including information contained in Federal Government records to include derogatory information.

(C) SENSITIVE TECHNOLOGIES.—The term “sensitive technologies” has the meaning given such term in paragraph (8) of section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e)), as added by subsection (a).

(D) STRATEGIC COMPETITOR.—The term “strategic competitor” means a country identified as a strategic competitor to the United States in the “Summary of the 2018 National Defense Strategy of the United States of America: Sharpening the American Military’s Competitive Edge” issued by the Department of Defense pursuant to section 113(g)(1)(A) of title 10, United States Code, or any successor document.

(E) VETTING.—The term “vetting” with respect to a visa applicant means the review and use of information collected during screening, any additional information obtained through interviews, consultation with other Federal Government officials, derogatory information, and information drawn from other sources to reach a determination regarding a national security concern related to the visa applicant.

(a) In general.—Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by this title, is further amended by adding at the end the following new 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 201I, as added by this title, the following new item:

“Sec. 210J. Chemical, biological, radiological, and nuclear intelligence and information sharing. ”.

(c) Report.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act and annually thereafter for each of the following four years, the Secretary of Homeland Security shall report to the appropriate congressional committees on the following:

(A) The intelligence and information sharing activities under section 210J of the Homeland Security Act of 2002 (as added by subsection (a) of this section) and of all relevant entities within the Department of Homeland Security to counter the threat from attacks using chemical, biological, radiological, or nuclear materials.

(B) The Department’s activities in accordance with relevant intelligence strategies.

(2) ASSESSMENT OF IMPLEMENTATION.—The reports required under paragraph (1) shall include the following:

(A) An assessment of the progress of the Office of Intelligence and Analysis of the Department of Homeland Security in implementing such section 210J.

(B) A description of the methods established to carry out such assessment.

(3) DEFINITION.—In this subsection, the term “appropriate congressional committees” means the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate and any committee of the House of Representatives or the Senate having legislative jurisdiction under the rules of the House of Representatives or Senate, respectively, over the matter concerned.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees an inland waters threat analysis that includes an identification and description of the following:

(1) Current and potential terrorism and criminal threats posed by individuals and groups seeking to—

(A) enter the United States through inland waters; or

(B) exploit security vulnerabilities on inland waters.

(2) Security challenges at United States inland waters ports regarding—

(A) terrorism and instruments of terror entering the United States; and

(B) criminal activity, as measured by the total flow of illegal goods and illicit drugs, related to the inland waters.

(3) Security mitigation efforts with respect to the inland waters to—

(A) prevent terrorists and instruments of terror from entering the United States; and

(B) reduce criminal activity related to the inland waters.

(4) Vulnerabilities related to cooperation between State, local, Tribal, and territorial law enforcement, or international agreements, that hinder effective security, counterterrorism, anti-trafficking efforts, and the flow of legitimate trade with respect to inland waters.

(5) Metrics and performance measures used by the Department of Homeland Security to evaluate inland waters security, as appropriate.

(b) Analysis requirements.—In preparing the threat analysis required under subsection (a), the Secretary of Homeland Security shall consider and examine the following:

(1) Technology needs and challenges.

(2) Personnel needs and challenges.

(3) The roles of State, local, Tribal, and territorial law enforcement, as well as private sector partners and the public, relating to inland waters security.

(4) The need for cooperation among Federal, State, local, Tribal, territorial, and international partner law enforcement, as well as private sector partners and the public, relating to inland waters security.

(5) The challenges posed by geography with respect to inland waters security.

(c) Classified threat analysis.—To the extent possible, the Secretary of Homeland Security shall submit the threat analysis required under subsection (a) in unclassified form. The Secretary may submit a portion of the threat analysis in classified form if the Secretary determines that such is appropriate.

(d) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the Committee on Homeland Security of the House of Representatives;

(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and

(C) the Committee on Commerce, Science, and Transportation of the Senate.

(2) The term “inland waters” has the meaning given such term in section 83.03 of title 33, Code of Federal Regulations.

(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Under Secretary for Intelligence and Analysis shall, in coordination with appropriate Federal partners, develop and disseminate a threat assessment on whether transnational criminal organizations are exploiting United States border security vulnerabilities in border security screening programs to gain access to the United States and threaten the United States or border security.

(b) Recommendations.—Upon completion of the threat assessment required under subsection (a), the Secretary of Homeland Security shall make a determination if any changes are required to address security vulnerabilities identified in such assessment.

(c) Distribution.—Consistent with the protection of classified and confidential unclassified information, the Under Secretary for Intelligence and Analysis shall share the threat assessment developed under this section with State, local, and Tribal law enforcement officials, including officials that operate within fusion centers in the National Network of Fusion Centers.

(a) In general.—Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by this title, is further amended by adding at the end the following new section:

(b) Clerical amendment.—The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 210J, as added by this title, the following new item:

“Sec. 210K. Departmental coordination on counterterrorism.”.

(c) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary, acting through the Coordinator for Counterterrorism, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the status and activities of the board established under section 210K of the Homeland Security Act of 2002, as added by subsection (a).

(a) Authorization.—The Secretary of Homeland Security, in coordination with the Secretary of State, the Secretary of Defense, the Attorney General, and the Director of National Intelligence, shall establish and operate a National Vetting Center.

(b) Director.—The Secretary of Homeland Security shall appoint a senior departmental employee to be the director of the center.

(c) Staffing.—The Secretary of Homeland Security shall—

(1) assign or detail appropriate personnel from the department to serve as analysts at the National Vetting Center; and

(2) coordinate with the Director of National Intelligence and the heads of other appropriate Federal agencies to detail appropriate personnel to serve as analysts at the National Vetting Center.

(d) Purpose.—The National Vetting Center shall, consistent with the guidance and oversight from the National Vetting Governance Board established pursuant to section 214 of this Act—

(1) coordinate the efforts of Federal agencies to improve vetting of individuals seeking to enter or remain within the United States;

(2) assist the departments and agencies involved with improving their coordination and use of intelligence and other information to identify potential threats to national security, border security, homeland security, and public safety;

(3) provide a forum for the departments and agencies involved to identify, coordinate, and resolve policy questions and implementation challenges associated with vetting;

(4) improve the effectiveness of vetting operations by maximizing the Intelligence Community and law enforcement data holdings used to support vetting;

(5) develop and maintain a process to ensure compliance with legal, privacy, and civil rights and civil liberty requirements; and

(6) other responsibilities as determined by the Secretary of Homeland Security.

(a) Establishment.—The Secretary of Homeland Security, in coordination with the Secretary of State, the Secretary of Defense, the Attorney General, and the Director of National Intelligence, shall establish a National Vetting Governance Board.

(b) Purpose.—The National Vetting Governance Board shall provide guidance and oversight for the National Vetting Center established pursuant to section 213 of this Act, including—

(1) producing decisions and recommendations for unified approaches to and solutions for vetting;

(2) recommending a fiscal strategy;

(3) recommending priorities for National Vetting Center activities;

(4) reviewing and recommending new vetting programs or changes to existing vetting activities;

(5) reporting progress and making recommendations to Secretary of Homeland Security or their designee; and

(6) ensuring National Vetting Governance Board decisions and recommendations are consistent with relevant legal authorities and align with Department of Homeland Security privacy, civil rights, and civil liberties policies and practices.

(c) Limitations.—The National Vetting Governance Board is not intended to supersede or otherwise replace existing statutory or delegated roles and responsibilities concerning Department of Homeland Security vetting activities.

(d) Operations.—

(1) The Secretary of Homeland Security, in coordination with the Secretary of State, the Secretary of Defense, the Attorney General, and the Director of National Intelligence shall develop the structure, staffing, meeting schedule and other operational issues related to the National Vetting Governance Board.

(2) The National Vetting Governance Board shall have a standing privacy and civil liberty working group and a legal working group to review the activities of the National Vetting Center and provide advice to the Board.

(a) In general.—Section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) is amended—

(1) by amending the section heading to read as follows:

(2) in subsection (a), by adding at the end the following: “Beginning on the date of enactment of the Department of Homeland Security Authorization Act, such Initiative shall be known as the ‘Department of Homeland Security Fusion Center Partnership Initiative’.”;

(3) by amending subsection (b) to read as follows:

“(b) Interagency support and coordination.—Through the Department of Homeland Security Fusion Center Partnership Initiative, in coordination with principal officials of fusion centers in the National Network of Fusion Centers and the officers designated as the Homeland Security Advisors of the States, the Secretary shall—

“(1) coordinate with the heads of other Federal departments and agencies to provide operational, analytic, and reporting intelligence advice and assistance to the National Network of Fusion Centers and to align homeland security intelligence activities with other field-based intelligence activities;

“(2) support the integration of fusion centers into the information sharing environment, including by—

“(A) providing for the effective dissemination of information within the scope of the information sharing environment to the National Network of Fusion Centers;

“(B) conducting outreach to such fusion centers to identify any gaps in information sharing;

“(C) consulting with other Federal agencies to develop methods to—

“(i) address any such gaps identified under subparagraph (B), as appropriate; and

“(ii) deploy or access such databases and datasets, as appropriate; and

“(D) review information that is gathered by the National Network of Fusion Centers to identify that which is within the scope of the information sharing environment, including homeland security information (as defined in section 892), terrorism information, and weapons of mass destruction information and incorporate such information, as appropriate, into the Department’s own such information;

“(3) facilitate close communication and coordination between the National Network of Fusion Centers and the Department and other Federal departments and agencies;

“(4) facilitate information sharing and expertise from the national cybersecurity and communications integration center under section 2209 to the National Network of Fusion Centers;

“(5) coordinate the provision of training and technical assistance, including training on the use of Federal databases and datasets described in paragraph (2), to the National Network of Fusion Centers and encourage participating fusion centers to take part in terrorism threat-related exercises conducted by the Department;

“(6) ensure the dissemination of cyber threat indicators and information about cybersecurity risks and incidents to the national Network of Fusion Centers;

“(7) ensure that each fusion center in the National Network of Fusion Centers has a privacy policy approved by the Chief Privacy Officer of the Department and a civil rights and civil liberties policy approved by the Officer for Civil Rights and Civil Liberties of the Department;

“(8) develop and disseminate best practices on the appropriate levels for staffing at fusion centers in the National Network of Fusion Centers of qualified representatives from State, local, Tribal, and territorial law enforcement, fire, emergency medical, and emergency management services, and public health disciplines, as well as the private sector;

“(9) to the maximum extent practicable, provide guidance, training, and technical assistance to ensure fusion centers operate in accordance with and in a manner that protects privacy, civil rights, and civil liberties afforded by the Constitution of the United States;

“(10) to the maximum extent practicable, provide guidance, training, and technical assistance to ensure fusion centers are appropriately aligned with and able to meaningfully support Federal homeland security, national security, and law enforcement efforts, including counterterrorism;

“(11) encourage the full participation of the National Network of Fusion Centers in all assessment and evaluation efforts conducted by the Department;

“(12) track all Federal funding provided to each fusion center on an individualized basis as well as by funding source;

“(13) ensure that none of the departmental information or data provided or otherwise made available to fusion center personnel is improperly disseminated, accessed for unauthorized purposes, or otherwise used in a manner inconsistent with Department guidance; and

“(14) carry out such other duties as the Secretary determines appropriate.”;

(4) in subsection (c)—

(A) in the heading, by striking “Personnel Assignment” and inserting “Resource Allocation”;

(B) by striking paragraphs (1) and (2) and inserting the following:

“(1) INFORMATION SHARING AND PERSONNEL ASSIGNMENT.—

“(A) INFORMATION SHARING.—The Under Secretary for Intelligence and Analysis shall ensure that, as appropriate—

“(i) fusion centers in the National Network of Fusion Centers have access to homeland security information sharing systems; and

“(ii) Department personnel are deployed to support fusion centers in the National Network of Fusion Centers in a manner consistent with the mission of the Department.

“(B) PERSONNEL ASSIGNMENT.—Department personnel referred to in subparagraph (A)(ii) may include the following:

“(i) Intelligence officers.

“(ii) Intelligence analysts.

“(iii) Other liaisons from components and offices of the Department, as appropriate.

“(2) SOURCES OF SUPPORT.—Information shared and personnel assigned pursuant to paragraph (1) may be shared or provided, as the case may be, by the following Department components and offices, in coordination with the respective component or office head and in consultation with the principal officials of fusion centers in the National Network of Fusion Centers:

“(A) The Office of Intelligence and Analysis.

“(B) Cybersecurity and Infrastructure Security Agency.

“(C) The Transportation Security Administration.

“(D) U.S. Customs and Border Protection.

“(E) U.S. Immigration and Customs Enforcement.

“(F) The Coast Guard.

“(G) The national cybersecurity and communications integration center under section 2209.

“(H) Other components or offices of the Department, as determined by the Secretary.”;

(C) in paragraph (3)—

(i) in the heading, by striking “Qualifying criteria” and inserting “Resource allocation criteria”; and

(ii) by striking subparagraph (A) and inserting the following:

“(A) IN GENERAL.—The Secretary shall make available criteria for sharing information and deploying personnel to support a fusion center in the National Network of Fusion Centers in a manner consistent with the Department’s mission and existing statutory limits.”; and

(D) in paragraph (4)(B), in the matter preceding clause (i), by inserting “in which such fusion center is located” after “region”;

(5) in subsection (d)—

(A) in paragraph (3), by striking “and” at the end;

(B) by redesignating paragraph (4) as paragraph (5);

(C) by inserting after paragraph (3) the following:

“(4) assist, in coordination with the national cybersecurity and communications integration center under section 2209, fusion centers in using information relating to cybersecurity risks to develop a comprehensive and accurate threat picture;”;

(D) in paragraph (5), as so redesignated—

(i) by striking “government” and inserting “governments”; and

(ii) by striking the period at the end and inserting “; and”; and

(E) by adding at the end the following:

“(6) use Department information, including information held by components and offices, to develop analysis focused on the mission of the Department under section 101(b).”;

(6) in subsection (e)—

(A) by amending paragraph (1) to read as follows:

“(1) IN GENERAL.—To the greatest extent practicable, the Secretary shall make it a priority to allocate resources, including departmental component personnel with relevant expertise, to support the efforts of fusion centers along land or maritime borders of the United States to facilitate law enforcement agency identification, investigation, and interdiction of persons, weapons, and related contraband that pose a threat to homeland security.”; and

(B) in paragraph (2), in the matter preceding subparagraph (A), by striking “participating State, local, and regional fusion centers” and inserting “fusion centers in the National Network of Fusion Centers”;

(7) in subsection (j)—

(A) by redesignating paragraph (5) as paragraph (7);

(B) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;

(C) by inserting before paragraph (2) the following:

“(1) the term ‘cybersecurity risk’ has the meaning given such term in section 2209;”;

(D) in paragraph (5), as so redesignated, by striking “and” at the end; and

(E) by inserting after such paragraph (5) the following new paragraph:

“(6) the term ‘National Network of Fusion Centers’ means a decentralized arrangement of fusion centers intended to enhance individual State and urban area fusion centers’ ability to leverage the capabilities and expertise of all fusion centers for the purpose of enhancing analysis and homeland security information sharing nationally; and”; and

(8) by striking subsection (k).

(b) Report.—Not later than 1 year after the date of the enactment of this Act and annually thereafter through 2024, the Under Secretary for Intelligence and Analysis of the Department of Homeland Security shall report to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate on the value of fusion center intelligence products and the expenditure of authorized funds for the support and coordination of the National Network of Fusion Centers as specified in section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h), as amended by subsection (a).

(c) Report on federal databases.—Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress on the Federal databases and datasets that address any gaps identified pursuant to section 210A(b)(2)(B) of the Homeland Security Act of 2002, as amended by subsection (a), including databases and datasets used, operated, or managed by Department components, the Department of Justice, including the Federal Bureau of Investigation and the Drug Enforcement Administration, and the Department of the Treasury, that are appropriate, in accordance with Federal laws and policies, for inclusion in the information sharing environment.

(d) Technical and conforming amendments.—

(1) Section 2103(c)(1) of the Homeland Security Act of 2002 (6 U.S.C. 623(c)(1)) is amended by striking “210A(j)(1)” and inserting “210A(j)”.

(2) The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by striking the item relating to section 210A and inserting the following:

“Sec. 210A. Department of Homeland Security Fusion Center Partnership Initiative.”.

(e) Reference.—Any reference in any law, rule, or regulation to the Department of Homeland Security State, Local, and Regional Fusion Center Initiative shall be deemed to be a reference to the Department of Homeland Security Fusion Center Partnership Initiative.

(a) Assessment.—

(1) IN GENERAL.—Not later than 240 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an assessment of Department of Homeland Security personnel assigned to fusion centers pursuant to section 210A(c) of the Homeland Security Act of 2002 (6 U.S.C. 124h(c)), as amended by this title, including an assessment of whether deploying additional Department personnel to such fusion centers would enhance the Department’s mission under section 101(b) of such Act (6 U.S.C. 111(b)) and the National Network of Fusion Centers.

(2) CONTENTS.—The assessment required under this subsection shall include the following:

(A) Information on the current deployment of the Department’s personnel to each fusion center.

(B) Information on the roles and responsibilities of the Department’s Office of Intelligence and Analysis intelligence officers, intelligence analysts, senior reports officers, reports officers, and regional directors deployed to fusion centers.

(C) Information on Federal resources, in addition to personnel, provided to each fusion center.

(D) An analysis of the optimal number of personnel the Office of Intelligence and Analysis should deploy to fusion centers, including a cost-benefit analysis comparing deployed personnel with technological solutions to support information sharing.

(E) An assessment of fusion centers located in jurisdictions along land and maritime borders of the United States, and the degree to which deploying personnel, as appropriate, from U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Coast Guard to such fusion centers would enhance the integrity and security at such borders by helping Federal, State, local, Tribal, and territorial law enforcement authorities to identify, investigate, and interdict persons, weapons, and related contraband that pose a threat to homeland security.

(F) An assessment of fusion centers located in jurisdictions with large and medium hub airports, and the degree to which deploying, as appropriate, personnel from the Transportation Security Administration to such fusion centers would enhance the integrity and security of aviation security.

(b) Definitions.—In this section, the terms “fusion center” and “National Network of Fusion Centers” have the meanings given those terms in section 210A(j) of the Homeland Security Act of 2002 (6 U.S.C. 124h(j)), as amended by this title.

(a) Sense of Congress.—It is the sense of Congress that any program established by the Under Secretary for Intelligence and Analysis of the Department of Homeland Security to provide eligibility for access to information classified as Top Secret for State, local, Tribal, and territorial analysts located in fusion centers shall be consistent with the need to know requirements pursuant to Executive Order No. 13526 (50 U.S.C. 3161 note).

(b) Report.—Not later than two years after the date of the enactment of this Act, the Under Secretary for Intelligence and Analysis of the Department of Homeland Security, in consultation with the Director of National Intelligence, shall submit to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate a report on the following:

(1) The process by which the Under Secretary for Intelligence and Analysis determines a need to know pursuant to Executive Order No. 13526 (50 U.S.C. 3161 note) to sponsor Top Secret clearances for appropriate State, local, Tribal, and territorial analysts located in fusion centers.

(2) The effects of such Top Secret clearances on enhancing information sharing with State, local, Tribal, and territorial partners.

(3) The cost for providing such Top Secret clearances for State, local, Tribal, and territorial analysts located in fusion centers, including training and background investigations.

(4) The operational security protocols, training, management, and risks associated with providing such Top Secret clearances for State, local, Tribal, and territorial analysts located in fusion centers.

(c) Definition.—In this section, the term “fusion center” has the meaning given the term in section 210A(j) of the Homeland Security Act of 2002 (6 U.S.C. 124h(j)), as amended by this title.

(a) In general.—The Under Secretary for Intelligence and Analysis of the Department of Homeland Security, in collaboration with the Chief Information Officer of the Department of Homeland Security and representatives from the National Network of Fusion Centers, shall conduct an assessment of information systems used to share homeland security information between the Department of Homeland Security and fusion centers in the National Network of Fusion Centers and make upgrades to such systems, as appropriate. Such assessment shall include the following:

(1) An evaluation of the security, accessibility, and ease of use of such systems by fusion centers in the National Network of Fusion Centers.

(2) A review to determine how to establish improved interoperability of departmental information systems with existing information systems used by fusion centers in the National Network of Fusion Centers.

(3) An evaluation of participation levels of departmental components and offices of information systems used to share homeland security information with fusion centers in the National Network of Fusion Centers.

(b) Definitions.—In this section—

(1) the terms “fusion center” and “National Network of Fusion Centers” have the meanings given those terms in section 210A(j) of the Homeland Security Act of 2002 (6 U.S.C. 124h(j)), as amended by this title;

(2) the term “homeland security information” has the meaning given the term in section 892 of the Homeland Security Act of 2002 (6 U.S.C. 482); and

(3) the term “information systems” has the meaning given the term in section 3502 of title 44, United States Code.

(a) In general.—The Secretary of Homeland Security shall, to the extent practicable—

(1) maintain an inventory of those Department of Homeland Security facilities that the Department certifies to house classified infrastructure or systems at the Secret level and above;

(2) update such inventory on a regular basis; and

(3) share part or all of such inventory with appropriate departmental personnel and representatives of other Federal, State, and local agencies as determined appropriate by the Secretary of Homeland Security.

(b) Inventory.—The inventory of facilities described in subsection (a) may include—

(1) the location of such facilities;

(2) the attributes and capabilities of such facilities (including the clearance level of the facility, the square footage of, the total capacity of, the number of workstations in, document storage, and the number of conference rooms in, such facilities);

(3) the entities that operate such facilities; and

(4) the date of establishment of such facilities.

(a) In general.—The Secretary of Homeland Security, in coordination with the Attorney General and in consultation with other appropriate Federal officials, shall, as appropriate, share with State, local, and regional fusion centers through the Department of Homeland Security Fusion Center Partnership Initiative under section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h), as well as other relevant law enforcement entities, release information from a Federal correctional facility, including the name, charging date, and expected place and date of release, of certain individuals who may pose a terrorist threat.

(b) Scope.—The information shared pursuant to subsection (a) shall be—

(1) for homeland security purposes; and

(2) regarding individuals convicted of a Federal crime related to acts of terrorism (as such term is defined in section 3077 of title 18, United States Code).

(c) Periodic threat assessments.—Consistent with the protection of classified information and controlled unclassified information, the Secretary of Homeland Security shall coordinate with appropriate Federal officials to provide State, local, and regional fusion centers described in subsection (a) with periodic assessments regarding the overall threat from known or suspected terrorists currently incarcerated in a Federal correctional facility, including the assessed risks of such populations engaging in terrorist activity upon release.

(d) Privacy protection.—Prior to affecting the information sharing described in subsection (a), the Secretary shall receive input and advice from the Officer for Civil Rights and Civil Liberties, the Officer for Privacy, and the Chief Intelligence Officer of the Department of Homeland Security.

(e) Rule of construction.—Nothing in this section may be construed as requiring the establishment of a list or registry of individuals convicted of terrorism.

(a) Strategy required.—Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with other appropriate officials, shall develop a strategy to improve the operations and activities of the Department of Homeland Security related to training, outreach, and information sharing for suspicious activity reporting to prevent acts of terrorism and acts of targeted violence.

(b) Contents of strategy.—The strategy required under subsection (a) shall include the following:

(1) A plan to maintain and expand activities related to effectively identifying, reporting, and responding to potential acts of terrorism.

(2) A plan to develop a behavioral threat assessment and management model for use by appropriate National Network of Fusion Centers, emergency response providers, and appropriate private sector personnel involved in reporting or responding suspicious activity related to acts of targeted violence.

(3) Protocols, developed in consultation with the Federal Bureau of Investigation, to ensure that the Federal Bureau of Investigation receives all relevant suspicious activity reports.

(4) A staffing and budget plan to ensure the continued operation and any necessary expansion of Department of Homeland Security information sharing, technical assistance, training, and other activities related to suspicious activity reporting.

(5) Training for appropriate personnel of the National Network of Fusion Centers, emergency response providers, and appropriate private sector personnel on—

(A) methods for identifying, analyzing, and disseminating critical information, including the indicators of acts of terrorism and acts of targeted violence;

(B) methods to protect privacy and civil liberties, including preventing racial, religious, and national origin discrimination;

(C) implementation of the behavioral threat assessment and management model;

(D) response protocols for submitting suspicious activity reports; and

(E) other training determined appropriate by the Secretary.

(6) A plan to—

(A) provide technical assistance for appropriate National Network of Fusion Centers, emergency response providers, and appropriate private sector personnel for operations related to suspicious activity reporting activity; and

(B) assist with questions or concerns related to privacy and civil liberty protections.

(c) Congressional notification.—The Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a copy of the strategy required in subsection (a).

(d) Definitions.—In this section:

(1) BEHAVIORAL THREAT ASSESSMENT.—The term “behavioral threat assessment and management” means the systematic and evidence-based process of—

(A) identifying individuals who are exhibiting patterns of concerning behavior that indicate an interest, motive, intention, or capability of carrying out an act of violence;

(B) investigating and gathering information from multiple sources to assess whether an individual described in subparagraph (A) poses a threat, based on articulable facts; and

(C) the subsequent management of such a threat, if necessary.

(2) EMERGENCY RESPONSE PROVIDERS.—The term “emergency response provider” has the meaning given such term in section 2(6) of the Homeland Security Act.

(3) NATIONAL NETWORK OF FUSION CENTERS.—The term “National Network of Fusion Centers” has the meaning given such term in section 215 of this Act.

(4) TARGETED VIOLENCE.—The term “targeted violence” means any incident of predatory violence with respect to which an identifiable individual or group focuses an attack on a particular target.

(5) TERRORISM.—The term “terrorism” has the meaning given such term in section 2331 of title 18, United States Code.

(a) In general.—Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the following new section:

(b) Clerical amendment.—The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 2214 the following new item:

“Sec. 2215. Cybersecurity Advisory Committee.”.

(a) In general.—Subsection (b) of section 2203 of the Homeland Security act of 2002 (6 U.S.C. 653) is amended—

(1) in paragraph (3), by striking “and” after the semicolon at the end;

(2) by redesignating paragraph (4) as paragraph (5); and

(3) by inserting after paragraph (3) the following new paragraph:

“(4) develop, publish and update as necessary guidelines and processes for a national audience regarding best practices for effective and usable basic controls that have the most impact in defending again common cybersecurity threats and cybersecurity risks; and”.

(b) Restriction.—Chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”) shall not apply to any action to implement this Act.

(a) In general.—Section 2213 of the Homeland Security Act of 2002 (6 U.S.C. 663) is amended by adding at the end the following new subsection:

“(g) Continuous diagnostics and mitigation.—

“(1) PROGRAM.—

“(A) IN GENERAL.—The Secretary, acting through the Director of Cybersecurity and Infrastructure Security, shall deploy, operate, and maintain a continuous diagnostics and mitigation program for agencies. Under such program, the Secretary shall—

“(i) assist agencies to continuously diagnose and mitigate cyber threats and vulnerabilities;

“(ii) develop and provide the capability to collect, analyze, and visualize information relating to security data and cybersecurity risks at agencies;

“(iii) make program capabilities available for use, with or without reimbursement, to civilian agencies and State, local, Tribal, and territorial governments;

“(iv) employ shared services, collective purchasing, blanket purchase agreements, and any other economic or procurement models the Secretary determines appropriate to maximize the costs savings associated with implementing an information system; and

“(v) develop policies and procedures for reporting systemic cybersecurity risks and potential incidents based upon data collected under such program.

“(B) REGULAR IMPROVEMENT.—The Secretary shall regularly deploy new technologies and modify existing technologies to the continuous diagnostics and mitigation program required under subparagraph (A), as appropriate, to improve the program.

“(2) AGENCY RESPONSIBILITIES.—Notwithstanding any other provision of law, each agency that uses the continuous diagnostics and mitigation program under paragraph (1) shall, continuously and in real time, provide to the Secretary all information, assessments, analyses, and raw data collected by the program, in a manner specified by the Secretary.

“(3) RESPONSIBILITIES OF THE SECRETARY.—In carrying out the continuous diagnostics and mitigation program under paragraph (1), the Secretary shall, as appropriate—

“(A) share with agencies relevant analysis and products developed under such program;

“(B) provide regular reports on cybersecurity risks to agencies; and

“(C) provide comparative assessments of cybersecurity risks for agencies.”.

(b) Continuous diagnostics and mitigation strategy.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall develop a comprehensive continuous diagnostics and mitigation strategy to carry out the continuous diagnostics and mitigation program required under subsection (g) of section 2213 of the Homeland Security Act of 2002 (6 U.S.C. 663), as added by subsection (a).

(2) SCOPE.—The strategy required under paragraph (1) shall include the following:

(A) A description of the continuous diagnostics and mitigation program, including efforts by the Secretary of Homeland Security to assist with the deployment of program tools, capabilities, and services, from the inception of the program referred to in paragraph (1) to the date of enactment of this Act.

(B) A description of the coordination and funding required to deploy, install, and maintain the tools, capabilities, and services that the Secretary of Homeland Security determines to be necessary to satisfy the requirements of such program.

(C) A description of any obstacles facing the deployment, installation, and maintenance of tools, capabilities, and services under such program.

(D) Recommendations and guidelines to help maintain and continuously upgrade tools, capabilities, and services provided under such program.

(E) Recommendations for using the data collected by such program for creating a common framework for data analytics, visualization of enterprise-wide risks, and real-time reporting, and comparative assessments for cybersecurity risks.

(F) Recommendations for future efforts and activities, including for the rollout of new and emerging tools, capabilities and services, proposed timelines for delivery, and whether to continue the use of phased rollout plans, related to securing networks, devices, data, and information and operational technology assets through the use of such program.

(3) FORM.—The strategy required under paragraph (1) shall be submitted in an unclassified form, but may contain a classified annex.

(c) Report.—Not later than 180 days after the development of the strategy required under subsection (b), the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representative a report on cybersecurity risk posture based on the data collected through the continuous diagnostics and mitigation program under subsection (g) of section 2213 of the Homeland Security Act of 2002 (6 U.S.C. 663), as added by subsection (a).

(d) GAO report.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress on the potential impacts and benefits of replacing the reporting requirements under chapter 35 of title 44, United States Code, with periodical real-time data provided by the continuous diagnostics and mitigation program under subsection (g) of section 2213 of the Homeland Security Act of 2002 (6 U.S.C. 663), as added by subsection (a).

(a) In general.—Section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) is amended—

(1) in subsection (a)—

(A) by redesignating paragraph (6) as paragraph (7); and

(B) by inserting after paragraph (5) the following:

“(6) the term ‘security vulnerability’ has the meaning given that term in section 102(17) of the Cybersecurity Information Sharing Act of 2015 (615 U.S.C. 1501(17));”;

(2) in subsection (c)—