To amend the Homeland Security Act of 2002 to make certain improvements in the laws administered by the Secretary of Homeland Security, and for other purposes.
Department of Homeland Security Authorization Act or the DHS Authorization Act
DIVISION A--HOMELAND SECURITY
TITLE I--DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS
Department of Homeland Security Authorization Act for Fiscal Years 2018 and 2019
Subtitle A--Headquarters Operations
(Sec. 1101) This bill amends the Homeland Security Act of 2002 (HSA) to define "homeland security enterprise" as 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.
(Sec. 1102) The Department of Homeland Security (DHS) shall coordinate through the Office of Partnership and Engagement (established by this bill) with specified entities, including by entering into agreements with governments of other countries and international nongovernmental organizations to achieve DHS missions.
The bill establishes in DHS a Headquarters, which shall include:
DHS, acting through its appropriate Headquarters' official, shall:
(Sec. 1103) The position of Director of Shared Services of DHS and the Office of Counternarcotics Enforcement are abolished.
(Sec. 1104) DHS shall appoint a Chief Privacy Officer, whose duties shall include developing guidance to assist DHS components in developing privacy policies and practices and serving as the Chief Freedom of Information Officer of DHS to manage and process requests under the Freedom of Information Act (FOIA) and develop guidance on procedures for meeting FOIA requests.
(Sec. 1105) The Chief Financial Officer of DHS shall:
(Sec. 1106) The Chief Information Officer of DHS shall serve as the lead technical authority for information technology programs of DHS and its components.
In coordination with the Chief Financial Officer, the Chief Information Officer shall develop an information technology strategic plan every five years and report to Congress on the extent to which:
Not later than 180 days after this bill's enactment and every two years thereafter until 2022, the Chief Information Officer shall:
If the Chief Information Officer determines through the inventory that the number of software licenses held by DHS and its components exceed the needs of the department, DHS shall establish a plan for reducing the number of such software licenses to meet its needs.
No additional resources may be obligated for the procurement of new software licenses for DHS until such time as its need exceeds the number of its used and unused licenses. The Chief Information Officer may, however, authorize the purchase of additional licenses and amend the number of needed licenses as necessary.
Not later than FY2019, the Government Accountability Office (GAO) shall review the extent to which the DHS Chief Information Officer has fulfilled all requirements relating to information technology and licenses.
Not later than one year after this bill's enactment, the Chief Information Officer shall complete the first required information technology strategic plan.
(Sec. 1107) In each quadrennial homeland security review conducted after December 31, 2017, DHS shall collaborate with the Homeland Security Advisory Committee in conducting a review and use a risk assessment when evaluating threats to the homeland.
DHS must report to Congress on such review and retain pertinent documentation regarding such review, including: (1) records regarding consultation with specified agencies, officials, representatives from advisory committees, and other relevant entities; and (2) information regarding the required risk assessment.
Not later than 90 days after the submission of each report, DHS shall provide to the congressional homeland security committees 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 DHS.
(Sec. 1108) The Office of Strategy, Policy, and Plans shall include:
The Office of International Affairs shall be led by an Assistant Secretary for International Affairs appointed by the DHS Secretary. The Assistant Secretary shall have specified duties, including coordinating international activities within DHS and providing guidance on the deployment of assets, including personnel, outside the United States and the training of such personnel.
The Office of International Affairs within the Office of the Secretary of Homeland Security is abolished.
The bill establishes 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.
DHS must review its components that are responsible for international affairs to identify and eliminate areas of unnecessary duplication and submit to the congressional homeland security committees an action plan to address areas of duplication and opportunities for cost savings and revenue enhancement.
(Sec. 1109) The bill establishes in DHS an Office of External Affairs, headed by a Principal Assistant Secretary for External Affairs. The office shall include the following components:
The Assistant Secretary for Partnership and Engagement shall be appointed by the DHS Secretary and shall:
The functions authorized to be performed by the Office for State and Local Law Enforcement of DHS are transferred to the Office of Partnership and Engagement.
The Office for State and Local Government Coordination of DHS is abolished. Its functions are transferred to the Office of Partnership and Engagement.
The position of Special Assistant to the Secretary is abolished. The functions of the Special Assistant are transferred to the Office of Partnership and Engagement.
(Sec. 1110) The bill establishes in DHS a Chief Procurement Officer who shall serve as a senior business advisor to DHS officials on procurement-related matters and report directly to the Under Secretary for Management. The Chief Procurement Officer's duties shall include issuing procurement policies and ensuring compliance with those policies.
(Sec. 1111) The bill establishes in DHS a Chief Security Officer, who shall report directly to the Under Secretary for Management.
The Chief Security Officer shall:
(Sec. 1112) The heads of offices and components of DHS must promptly advise the DHS Inspector General of all allegations of misconduct with respect to which the Inspector General has investigative authority under the Inspector General Act of 1978.
(Sec. 1113) The bill establishes in DHS an Office for Civil Rights and Civil Liberties.
Under the direction of the Officer for Civil Rights and Civil Liberties, the office shall support the officer in:
(Sec. 1114) The Homeland Security Rotation Program is modified to: (1) foster greater departmental integration and unity of effort; (2) help enhance the knowledge, skills, and abilities of participating personnel with respect to DHS programs, policies, and activities; and (3) improve morale and retention throughout DHS.
DHS must disseminate information about the availability of the program and provide criteria for the selection, retention, and performance evaluations of employees participating in the program.
DHS shall establish an Intelligence Rotational Assignment Program as part of the program. The Chief Human Capital Officer, in conjunction with the Chief Intelligence Officer, shall administer the Intelligence Rotational Assignment Program.
The Intelligence Rotational Assignment Program shall be open to employees serving in existing analyst positions within DHS's Intelligence Enterprise and other appropriate DHS employees.
DHS shall provide to Congress information on status of the program within 120 days after the enactment of this bill.
(Sec. 1115) This section requires, not later than 60 days after the submission of the President's budget, DHS to submit to the congressional homeland security committees a Future Years Homeland Security Program that covers the fiscal year for which the budget is submitted and the four succeeding fiscal years.
On and after February 1, 2018, each Future Years Homeland Security Program shall project acquisition estimates for the fiscal year for which the budget is submitted and the four succeeding fiscal years and estimated annual deployment schedules for all physical asset major acquisitions.
(Sec. 1116) Not later than 270 days after the enactment of this bill, DHS shall submit to Congress a field efficiencies plan that: (1) examines the facilities and administrative and logistics functions of DHS components located within designated geographic areas, and (2) provides specific recommendations and an associated cost-benefit analysis for the consolidation of the facilities and administrative and logistics functions of DHS components within each such area.
The field efficiencies plan shall include an accounting of DHS leases, an evaluation of specific DHS facilities that may be closed or consolidated, and implementation plan, and an accounting of any consolidation of the real estate footprint of DHS.
(Sec. 1117) For each fiscal year until FY2023, DHS shall provide to Congress, together with its annual budget request, information on: (1) any circumstance during the year covered by the report in which DHS exercised the authority to reprogram or transfer funds to address unforeseen costs, including costs associated with operational surges; and (2) any circumstance in which any limitation on the transfer or reprogramming of funds affected the ability of DHS to address such unforeseen costs.
(Sec. 1118) DHS must submit a report to the congressional homeland security committees that includes:
(Sec. 1119) DHS must assess the organization and management of its research and development activities and develop and submit to Congress within six months of enactment of this bill a proposed organizational structure for the efficient and effective management of such activities.
DHS shall: (1) assess the organization and management of its chemical, biological, radiological, nuclear, and explosives activities, including the activities of the Office of Health Affairs, the Domestic Nuclear Detection Office, and the Office for Bombing Prevention; and (2) by six months after this bill's enactment, develop and submit a proposed organizational structure to ensure enhanced coordination, effectiveness, and efficiency by providing strengthened chemical, biological, radiological, nuclear, and explosives capabilities in support of homeland security.
The GAO must submit a review of the organizational justifications.
(Sec. 1120) The Under Secretary for Strategy, Policy, and Plans must include feedback from organizations representing the needs of children when reviewing and incorporating external stakeholder feedback into DHS policy.
Subtitle B--Human Resources and Other Matters
(Sec. 1131) This section sets forth additional duties of the DHS Chief Human Capital Officer, including maintaining an catalogue of available employee development opportunities and ensuring that employee discipline and adverse action programs comply with applicable law and due process requirements.
(Sec. 1132) DHS shall establish an employee engagement steering committee to address issues relating to employee engagement, morale, and communications.
The Chief Human Capital Officer shall issue a DHS-wide employee engagement action plan and submit such plan to the congressional homeland security committees.
(Sec. 1133) DHS may establish an annual employee award program to recognize DHS employees for significant contributions to the achievement of DHS goals and missions.
(Sec. 1134) The GAO must utilize DHS reports to investigate whether the application of discipline and adverse actions by DHS is administered in an equitable and consistent manner.
After such investigation, the DHS Under Secretary for Management shall implement a plan to correct any relevant deficiencies identified by the GAO.
(Sec. 1135) DHS must provide guidance to its components and offices on the implementation of executive orders affecting DHS operations.
(Sec. 1136) DHS must continue to prioritize providing assistance, on a voluntary basis, to state and local election officials to protect election infrastructure.
TITLE II--DEPARTMENT OF HOMELAND SECURITY ACQUISITION ACCOUNTABILITY AND EFFICIENCY
Subtitle A--Acquisition Authorities
(Sec. 1211) The Under Secretary for Management of DHS shall be responsible for acquisition management and shall have the following functions and responsibilities:
The Under Secretary may delegate acquisition decision authority for acquisition programs with a specified life cycle cost estimate.
The Under Secretary and the Under Secretary for Science and Technology shall cooperate in matters related to the coordination of acquisitions across DHS so that investments of the Directorate of Science and Technology are able to support current and future requirements of DHS components.
The bill sets forth the duties of the Under Secretary for Science and Technology with respect to major acquisition programs.
(Sec. 1212) The Office of Program Analysis and Evaluation shall 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.
(Sec. 1213) This section sets forth additional acquisition responsibilities of the DHS Chief Information Officer.
(Sec. 1214) This section establishes the Program Accountability and Risk Management Office in the DHS Management Directorate. The purpose of the office is to: (1) provide consistent accountability, standardization, and transparency of major acquisition programs of DHS; and (2) serve as the central oversight function for all DHS acquisition programs.
The office shall be led by an Executive Director, who shall report directly to the Under Secretary for Management, and shall monitor the performance of DHS acquisition programs.
Each head of a DHS component shall comply with federal law, the Federal Acquisition Regulation, and DHS acquisition management directives established by the Under Secretary. For each major acquisition program, component heads shall:
For each major acquisition program, the Executive Director responsible for the preparation of the Comprehensive Acquisition Status Report shall require certain acquisition documentation to be submitted by DHS components or offices. DHS may waive such requirement under certain conditions.
(Sec. 1215) The Under Secretary for Management may:
By 90 days after DHS submits its annual budget justification for each of FY2019-FY2023, it shall provide information to the congressional homeland security committees on:
Subtitle B--Acquisition Program Management Discipline
(Sec. 1221) DHS shall establish an Acquisition Review Board to: (1) strengthen accountability and uniformity within the DHS acquisition review process, (2) review major acquisition programs (programs estimated to require a total expenditure of at least $300 million over their life cycle costs), and (3) review the use of best practices.
The board shall convene at DHS's discretion and whenever: (1) a major acquisition program requires authorization to proceed from one acquisition decision event to another, is in breach of its approved requirements, or requires additional review; or (2) a non-major acquisition program requires review.
If the person exercising acquisition decision authority over a major acquisition program approves such program to proceed into the planning phase before such program has a DHS-approved acquisition program baseline, DHS shall: (1) create and approve a baseline report regarding such approval; (2) notify Congress within seven days after an acquisition decision memorandum is signed; and (3) within 60 days after such signing, report on the rationale for such decision and a plan of action to require an acquisition program baseline for such program.
DHS shall report annually to the congressional homeland security committees through FY2022 on the board's activities, including information on:
(Sec. 1222) The DHS Deputy Secretary shall establish DHS-wide policies to integrate all phases of the investment life cycle and help DHS identify, validate, and prioritize common component requirements for major acquisition programs. The policies shall also include strategic alternatives for developing and facilitating a DHS component-driven requirements process that includes oversight of a development test and evaluation capability; identification of priority gaps and overlaps in DHS capability needs; and provision of feasible technical alternatives, including innovative commercially available alternatives, to meet capability needs.
The Deputy Secretary shall consult with the Under Secretary for Management, Component Acquisition Executives, and any other DHS officials, including the Under Secretary for Science and Technology, with specific knowledge of DHS or component acquisition capabilities to prevent unnecessary duplication of requirements.
The bill sets forth additional responsibilities of the Deputy Secretary with respect to major investments and acquisition programs.
(Sec. 1223) DHS may establish a leadership council to ensure coordination and improve programs and activities of DHS. The council shall: (1) serve as coordinating forums; (2) advise the Secretary and Deputy Secretary on DHS strategy, operations, and guidance; and (3) consider and report on such other matters as the Secretary or Deputy Secretary may direct.
(Sec. 1224) The GAO shall conduct a review of the effectiveness of the Acquisition Review Board and the requirements established to reduce unnecessary duplication in acquisition programs.
(Sec. 1225) DHS must report to Congress on waivers issued to allow agencies to engage in business with a contractor in the Excluded Party List System maintained by the General Services Administration and provide a justification for such waivers.
(Sec. 1226) The DHS Inspector General shall: (1) conduct audits regarding grant and procurement awards to identify instances in which a contract or grant was improperly awarded; and (2) review the suspension and debarment program throughout DHS.
Subtitle C--Acquisition Program Management Accountability and Transparency
(Sec. 1231) If a breach occurs in a major acquisition program, the program manager for such program shall notify the Component Acquisition Executive for such program, the head of the component concerned, the Executive Director of the Program Accountability and Risk Management Division, the Under Secretary for Management, and the Deputy Secretary not later than 30 days after such breach is identified.
If a breach occurs in a major acquisition program and such breach results in a cost overrun greater than 15%, a schedule delay greater than 180 days, or a failure to meet any of the performance thresholds, the Component Acquisition Executive for such program shall notify the Secretary and the Inspector General of DHS not later than five business days after the Component Acquisition Executive for such program, the head of the component concerned, the Executive Director of the Program Accountability and Risk Management Division, the Under Secretary for Management, and the Deputy Secretary are notified of the breach.
The program manager for a major acquisition program shall submit a remediation plan and root cause analysis for a breach.
The Under Secretary for Management shall review the remediation plan. The Under Secretary may approve such plan or provide an alternative proposed corrective action within 30 days of the submission of such plan.
The Under Secretary shall submit to the congressional homeland security committees: (1) a copy of the remediation plan and the root cause analysis, and (2) a statement describing the corrective action or actions that have occurred for the major acquisition program at issue.
If a likely cost overrun is greater than 20% or a likely delay is greater than 12 months from the costs and schedule specified in the acquisition program baseline for a major acquisition program, the Under Secretary for Management shall include in the notification a written certification, with supporting explanations.
(Sec. 1232) DHS must submit to congressional committees and the GAO a multiyear acquisition strategy to guide the overall direction of DHS acquisitions.
The GAO shall review the strategy to analyze its effectiveness.
(Sec. 1233) At the same time as the President's budget is submitted for a fiscal year, the Under Secretary for Management shall submit to the congressional homeland security committees an annual comprehensive acquisition status report. The report shall include:
The report shall include specified information for major acquisition programs.
The Under Secretary for Management shall prepare a quarterly program accountability report to meet the mandate of DHS to perform program health assessments and improve program execution and governance.
Not later than 60 days after the enactment of this bill, component heads of DHS shall identify to the Under Secretary for Management 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. The Under Secretary shall establish a process with a repeatable methodology to continually identify level 3 acquisition programs.
Not later than 180 days after the enactment of this bill, component heads of DHS shall submit to the Under Secretary 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 shall certify to the congressional homeland security committees that each component's respective policies and guidance adhere to DHS-wide acquisition policies.
TITLE III--INTELLIGENCE AND INFORMATION SHARING
Subtitle A--Department of Homeland Security Intelligence Enterprise
(Sec. 1301) This title requires the DHS Chief Intelligence Officer, in coordination with other DHS intelligence components, to develop and disseminate DHS-wide guidance for the processing, analysis, production, and dissemination of homeland security information and terrorism information.
(Sec. 1302) DHS shall assist the Chief Intelligence Officer by providing experienced staff with appropriate expertise.
(Sec. 1303) DHS must conduct assessments of the terrorist threat to the homeland for each of the next five fiscal years.
(Sec. 1304) DHS shall develop a framework to integrate existing DHS datasets and systems for access by authorized personnel.
(Sec. 1305) DHS shall establish an Insider Threat Program to provide training and education for DHS personnel to identify, prevent, mitigate and respond to insider threat risks. An insider threat is defined as the threat that a person who has access to classified national security information will use that access, wittingly or unwittingly, to do harm to the security of the United States.
(Sec. 1306) DHS shall develop and disseminate a threat assessment regarding the actual and potential threat posed by individuals using virtual currency to carry out activities in furtherance of an act of terrorism.
(Sec. 1307) DHS must establish a board to coordinate and integrate departmental intelligence, activities, and policy related to the counterterrorism mission and functions of DHS. The board shall advise DHS about the issuance of terrorism alerts.
(Sec. 1308) DHS shall conduct a threat assessment on whether human smuggling organizations and transnational gangs are exploiting vulnerabilities in border security screening programs to gain access to the United States and threaten the United States or border security.
(Sec. 1309) DHS must review all sensitivity level designations of national security positions and ensure the designation of the sensitivity level of such positions is conducted in a manner consistent with federal guidelines.
Subtitle B--Stakeholder Information Sharing
(Sec. 1311) DHS's State, Local, and Regional Fusion Center is renamed the Department of Homeland Security Fusion Center Partnership Initiative. A fusion center is a collaborative effort of two or more federal, state, local, or tribal government agencies that combine resources to detect, prevent, and respond to criminal or terrorist activity.
(Sec. 1312) The GAO shall conduct an assessment of DHS personnel assigned to fusion centers and whether deploying additional personnel would enhance DHS's mission.
(Sec. 1313) DHS shall submit a report on top secret clearance processes.
(Sec. 1314) DHS shall conduct an assessment of information systems used to share homeland security information between DHS and fusion centers.
(Sec. 1315) DHS must maintain an inventory of DHS facilities certified to house classified infrastructure or systems at the secret level and above.
(Sec. 1316) DHS shall share with fusion centers release information of individuals from a federal correctional facility who may pose a terrorist threat.
(Sec. 1317) DHS shall report on the activities of the Office for State and Local Law Enforcement, including efforts to coordinate and share information about agency programs, to state, local, and tribal law enforcement agencies.
(Sec. 1318) The Office of State and Local Law Enforcement shall produce an annual catalog that summarizes opportunities available to state, local, and tribal law enforcement agencies from DHS.
TITLE IV--MARITIME SECURITY
(Sec. 1401) This section revises the reporting date for updates of the strategic plan to enhance the security of the international supply chain.
(Sec.1402) This section updates reporting requirements for the Container Security Initiative.
(Sec. 1403) This section requires the Area Maritime Security Advisory Committee to facilitate the sharing of information relating to cybersecurity risks and incidents for any U.S. port area.
(Sec. 1404) This section revises inspection intervals for DHS facilities.
(Sec. 1405) This section requires DHS to submit to Congress a maritime operations coordination plan and updates for such plans.
(Sec. 1406) The GAO must submit to Congress a report that describes and assesses the state of the Coast Guard's Deployable Specialized Forces.
(Sec. 1407) DHS must conduct a cost-benefit analysis for co-locating aviation and maritime operational assets of the Office of Air and Marine Operations at other DHS facilities.
(Sec. 1408) The section repeals provisions authorizing interagency operational centers for port security and the program for evaluating and certifying secure systems of international intermodal transportation.
(Sec. 1409) DHS must submit to the congressional homeland security committees an assessment of resources for increasing DHS's maritime security capabilities.
TITLE V--TRANSPORTATION SECURITY ADMINISTRATION
Subtitle A--Administration
(Sec. 1501) This title amends the HSA to codify the transfer of the Transportation Security Administration (TSA) from the Department of Transportation (DOT) to DHS.
The Administrator of the TSA is included among the DHS officers to be appointed by the President. The Administrator shall be appointed as the head of the TSA for a five-year term at a Level IV position in the Executive Schedule.
(Sec. 1502) The title codifies provisions providing for the establishment in the TSA of the following:
(Sec. 1503) The Aviation and Transportation Security Act is amended to decrease from 30% to 15% of the annual rate of pay the TSA Administrator may receive as a performance bonus for any calendar year.
The bill repeals:
The bill also repeals provisions expressing the sense of the House of Representatives that:
(Sec. 1504) This section requires the TSA to submit annually (currently, biennially):
The TSA shall also include information about acquisitions completed during the fiscal year preceding the fiscal year in which such report is submitted.
The TSA shall:
(Sec. 1505) The TSA shall develop and implement a preventive maintenance validation process for security-related technology deployed to airports.
The maintenance contracts for security-related technology deployed to airports shall include penalties for noncompliance whenever preventive or corrective maintenance has not been completed according to contractual requirements and manufacturers' specifications.
(Sec. 1506) The TSA shall conduct an efficiency review of itself to identify and effectuate spending reductions and administrative savings.
(Sec. 1507) The TSA shall develop a strategic plan to reduce by 20% by June 30, 2019, the number of TSA positions at the Senior Executive Service level.
Subtitle B--Passenger Security and Screening
(Sec. 1511) DHS shall continue to review all of its trusted traveler vetting programs using representatives from such programs to make recommendations on possible efficiencies.
(Sec. 1512) The TSA shall conduct a biometric pilot project at airports to verify the identity of members of the TSA PreCheck or another DHS trusted traveler program providing TSA expedited screening.
(Sec. 1513) The TSA shall implement an identity and travel document verification system at all airports for persons entering into the sterile area of an airport.
(Sec. 1514) The TSA shall:
(Sec. 1517) The TSA shall ensure the availability of the DHS Traveler Redress Inquiry Program (DHS TRIP) redress process to adjudicate inquiries for individuals who:
The TSA shall review and update the Privacy Impact Assessment for the Secure Flight programs and publish it on its website.
The TSA shall:
The GAO shall study the effectiveness of such screening rules to identify and mitigate potential threats to aviation security.
(Sec. 1518) The TSA is authorized to provide screening services upon request of a commercial charter air carrier in areas other than primary passenger terminals.
(Sec. 1519) The TSA shall:
(Sec. 1521) DHS shall audit all of its canine training programs and convene a working group of representatives from all such programs to make recommendations on possible efficiencies from integrating training standards and facilities. The TSA shall develop a canine staffing allocation model to determine the optimal number of passenger screening canines at U.S. airports.
(Sec. 1522) The U.S. Ambassador or the charge d'affaires to the United States Mission to the International Civil Aviation Organization shall introduce a resolution to raise minimum standards for airport security.
(Sec. 1523) DHS is prohibited from incorporating an increase in the passenger security fee beyond that authorized at the time that its proposed annual budget is transmitted to Congress.
(Sec. 1524) The bill revises requirements directing DOT to assess the effectiveness of the security measures maintained at foreign airports. Such assessment shall include the extent such airports screen and vet their airport workers.
(Sec. 1525) The bill amends the Gerardo Hernandez Airport Security Act of 2015 to mandate (currently, authorize) the contents of security incident response reports at airports.
TSA shall review active shooter response guidelines for DHS personnel and make a recommendation to DHS to modify such guidelines for personnel who are: (1) certified federal law enforcement officials, and (2) uniformed but unarmed security officials.
(Sec. 1526) The bill revises security screening opt-out program requirements to decrease from 120 days to 90 days the time that the TSA must approve or deny an application received from an airport operator to have the screening of passengers and property at the airport carried out by the screening personnel of a qualified private screening company. The TSA shall immediately upon issuing a denial (currently, within 60 days) provide the operator a written report of the denial.
The TSA shall also make best efforts to enter into a contract with the private screening company to provide screening services at an airport within 180 days after approval of an application.
An airport operator who has screening services provided by a private screening company is encouraged to recommend to the TSA innovative screening approaches and technologies.
(Sec. 1527) The TSA shall convene a working group consisting of representatives of TSA and labor organizations representing security screeners to discuss reforms to TSA's personnel management system and appeals to the Merit Systems Protection Board and grievance procedures.
(Sec. 1528) The TSA may establish a task force to conduct activities designed to identify and develop an innovative technology or capability with the potential of enhancing aviation security prior to TSA's acquisition of such technology or capability.
(Sec. 1529) The TSA shall report to Congress on its law enforcement officer reimbursement program.
Subtitle C--Transportation Security Screening Personnel Training and Accountability
(Sec. 1531) The TSA shall establish:
The GAO shall report on the effectiveness of the new security screening personnel training at Glynco, Georgia.
(Sec. 1532) The TSA shall conduct a study of the cost and feasibility of developing an alternative training program for security screening personnel that is equal to the training program for new security screening personnel located at Glynco, Georgia.
(Sec. 1533) The TSA shall ensure that information of a covert test of security screeners by a covert testing office, the DHS Inspector General, or the GAO of a transportation security system is not provided to the screeners to be tested prior to the completion of such test, except an authorized individual conducting such test may provide information of a covert test to: (1) federal employees, officers, and contractors (including military personnel), state and local government employees and officers, and law enforcement officials; and (2) an appropriate individual if a security screener or other individual who is not a covered employee identifies the individual conducting such test as a potential threat.
The head of each covert testing office shall ensure that a cover team of covert testing office employees accompany and monitor individuals conducting a covert test of a transportation security system.
Subtitle D--Airport Access Controls and Perimeter Security
(Sec. 1541) The TSA shall conduct, and submit to Congress and the GAO, a cost and feasibility study of a significant number of Category I, II, III, IV, and X airports assessing the impact if all employee access points from non-secured to secured airport areas are comprised of the following:
The GAO shall assess the completed study and report the results to Congress.
The TSA shall work with air carriers, foreign air carriers, airport operators, labor unions representing credentialed employees, and TSA's Aviation Security Advisory Committee to: (1) enhance security awareness of credentialed airport workers regarding insider threats to aviation security and recognized practices related to airport access controls; and (2) assess credentialing standards, policies, and practices to ensure that such threats to aviation security are addressed.
The TSA shall also:
The TSA shall establish a national database of individuals who have had either their airport or airport operator-issued badge revoked for failure to comply with aviation security requirements, as well as a process to allow individuals whose names were mistakenly entered into such database to correct the record and have their names removed from it.
DHS is designated as the lead interagency coordinator of insider threat investigations and mitigation efforts at airports.
(Sec. 1542) The TSA shall:
(Sec. 1543) The bill authorizes appropriations for FY2018-FY2019 for: (1) TSA monitoring of passenger exit points from the sterile area of airports, and (2) deployment of armed law enforcement personnel at each airport security screening location.
Subtitle E--Air Cargo Security
(Sec. 1551) DHS shall establish: (1) an air cargo advance screening (ACAS) program for the collection by the U.S. Customs and Border Protection (CBP) of advance electronic information from air carriers and other persons within the supply chain regarding cargo transported to the United States; and (2) a system that will allow freight forwarders, shippers, and air carriers to provide data on air cargo shipments departing from any location and bound to the United States.
DHS shall ensure that all high-risk cargo is inspected prior to being loaded onto aircraft at the last point of departure or at an earlier point in the supply chain.
DHS shall report to Congress detailing the operational implementation of providing advance information under the ACAS program and the value of such information in targeting cargo.
(Sec. 1552) The bill amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to direct the TSA to:
Subtitle F--Information Sharing and Cybersecurity
(Sec. 1561) The TSA shall require each Federal Security Director of an airport to:
The TSA shall also:
DHS shall:
Subtitle G--Surface Transportation Security
(Sec. 1572) DHS shall:
(Sec. 1573) The TSA shall submit to Congress a report that contains a risk-based budget and resource allocation plan for surface transportation sectors that: (1) reflects the risk-based security strategy; and (2) is organized by appropriations account, program, project, and initiative.
The President's budget shall include a separate statement clearly distinguishing the resources requested for surface transportation security from the resources requested for aviation security.
DHS shall notify Congress not later than 15 days after the TSA allocates any resources or personnel, or the use of facilities, technology systems, or vetting resources, for a non-transportation security purpose or National Special Security Event.
(Sec. 1574) The GAO shall review, and report on: (1) the staffing, budget, resource, and personnel allocation, and management oversight strategy of TSA's surface transportation security programs; and (2) the coordination between the TSA, other federal, state, or local agencies with jurisdiction over a mode of surface transportation, critical infrastructure entities, the Transportation Systems Sector Coordinating Council, and relevant stakeholders.
(Sec. 1575) The TSA shall make available through a public website information on the status of each surface transportation security regulation that is directed by law to be issued but that has not been issued for more than two years since enactment of each such law.
The DHS Inspector General, not later than 180 days after enactment of this bill and biennially thereafter until all of the requirements under titles XIII (Transportation Security Enhancements), XIV (Public Transportation Security), and XV (Surface Transportation Security) of the Implementing Recommendations of the 9/11 Commission Act of 2007 and under this bill have been fully implemented, shall report on such requirements that have not been fully implemented and recommendations on whether they should be amended or repealed.
(Sec. 1576) The TSA is authorized to maintain, at the request of and in collaboration with federal, state, and local transportation stakeholders, for the deployment of 30 Visible Intermodal Prevention and Response (VIPR) teams to prevent acts of terrorism against U.S. transportation systems and for other counterterrorism purposes. TSA shall notify Congress if it determines the number of VIPR teams should be reduced to less than 30.
In forming a VIPR team, DHS shall, prior to and during the deployment, consult with all transportation entities directly affected by such deployment as to specific locations and times within the facilities of such entities at which such teams are to be deployed to maximize its effectiveness.
TSA shall develop and implement qualitative performance measures to assess the effectiveness of VIPR team operations as well as a plan for ensuring the interoperability of communications among VIPR teams participants and between VIPR teams and transportation entities.
(Sec. 1577) The TSA shall establish the Surface Transportation Security Advisory Committee to make recommendations on surface transportation security matters.
(Sec. 1578) The DHS Inspector General shall review and report on TSA's explosives detection canine team program.
(Sec. 1579) Before the DHS Inspector General submits the report on the explosives detection canine team program, the TSA may increase up to 70 the number of state and local surface and maritime transportation explosives detection canine teams. After such report is submitted, DHS may increase up to 200 the number of additional teams.
(Sec. 1580) DHS shall prioritize the research and facilitation of next generation technologies to detect explosives in the nation's surface transportation systems.
(Sec. 1581) The GAO shall study, and report on, how the TSA: (1) identifies and compares U.S. and foreign passenger transportation system security standards and best practices for protecting passenger transportation systems, shared terminal facilities, and cyber systems; and (2) disseminates such findings to transportation stakeholders.
(Sec. 1582) The bill expands the permissible uses of railroad security improvement grants to include one or more of the following: (1) for communications interoperability where appropriate with relevant outside transportation agencies and entities; (2) for the security preparedness of intercity passenger railroad stations, trains, infrastructure, and security capital improvement projects; (3) for the sharing of intelligence and information about security preparedness, including connectivity to the Federal Bureau of Investigation's (FBI) National Terrorist Screening Center (TSC); and (4) to hire, train, and employ preparedness officers.
DHS is authorized to make grants to the National Railroad Passenger Corporation (Amtrak) for specific systemwide security upgrade projects, including: (1) to connect to the TSC watchlist, (2) improvements to passenger and Amtrak employee and contractor verification systems (including identity verification technology), or (3) improvements to the security of Amtrak computer systems, including cybersecurity assessments and programs.
(Sec. 1583) The GAO shall submit to Congress a report that: (1) identifies any duplication or redundancy between the TSA and DOT relating to surface transportation security inspections or oversight; and (2) provides recommendations relating to improvements to TSA's Surface Transportation Security Inspectors program.
(Sec. 1584) The TSA shall establish a security awareness program for the training of surface transportation operators and frontline employees to obtain the necessary skills to observe, assess, and respond to suspicious items or actions that could be a threat to transportation.
DHS shall: (1) ensure there exists a national mechanism for individuals to report to DHS suspicious activity in transportation systems; and (2) establish procedures to review and follow-up on each such report and to share it with appropriate federal, state, local, and tribal entities.
(Sec. 1585) An individual subject to credentialing or a background investigation prior to the issuance of a license to operate a motor vehicle to transport hazardous material (hazmat) may satisfy such requirement by obtaining a valid transportation security card.
A "valid transportation security card" means a transportation security card issued by the U.S. Coast Guard that is: (1) not expired, (2) shows no signs of tampering, and (3) bears a photograph of the individual representing such card.
(Sec. 1586) This section revises state limitations on the issuance of a hazmat license to allow an individual who holds a valid transportation security card to be issued such a license.
(Sec. 1587) The Coast Guard shall develop and implement a plan to utilize the FBI's Rap Back Service to establish recurrent vetting for individuals holding valid transportation security cards.
(Sec. 1588) The GAO shall study DHS and DOT roles and responsibilities regarding pipeline security.
Subtitle H--Security Enhancements in Public Areas of Transportation Facilities
(Sec. 1591) DHS may establish a working group to promote collaboration between DHS and public and private stakeholders to develop non-binding recommendations for enhancing security in public areas of transportations facilities.
(Sec. 1592) DHS shall: (1) inform public and private sector stakeholders of the availability of DHS technical assistance and vulnerability assessment tools to help enhance security in public areas of transportation facilities, and (2) publish and widely disseminate best practices for protecting and enhancing the resilience of such areas.
(Sec. 1593) The TSA shall make available to public and private stakeholders a framework to establish an operations center within a transportation facility to promote interagency response and coordination.
(Sec. 1594) The TSA shall review, and report on, its regulations, directives, policies, and procedures regarding the transportation of a firearm and ammunition aboard passenger aircraft and information on plans to modify them based on such review.
(Sec. 1595) The term "public and private stakeholders" means federal, state, and local agencies, tribal governments, and appropriate private entities, including nonprofit employee labor organizations representing transportation employees.
TITLE VI-- EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS
Subtitle A--Grants, Training, Exercises, and Coordination
(Sec. 1601) This section amends the HSA to require a state to provide each relevant high-risk urban area with a detailed accounting of the items, services, or activities on which any funds retained by the state under the Urban Area Security Initiative (UASI) are to be expended within 90 days of the date on which such funds are retained. As a condition of receiving a grant, each such area must submit to FEMA a threat and hazard identification and risk assessment and capability assessment.
(Sec. 1602) Each state, as a condition of receiving a grant under the State Homeland Security Grant Program (SHSGP), must submit to FEMA a threat and hazard identification and risk assessment and capability assessment.
(Sec. 1603) DHS must make available funds provided for homeland security grants to directly eligible tribes for at least 36 months.
(Sec. 1604) FEMA, in coordination with the DHS Assistant Secretary for State and Local Law Enforcement, shall report annually from FY2018-FY2022 on the use of UASI and SHSGP grants for law enforcement terrorism prevention activities, including the percentage and dollar amount of funds used for such activities and the types of projects funded.
(Sec. 1605) FEMA shall consider, in allocating funds among states and high-risk urban areas applying for UASI or SHSGP grants, to consider: (1) each state or high-risk area's population, including consideration of domestic and international tourists and military populations; (2) threat information from relevant federal agencies and field offices; and (3) the extent to which they have unmet core capabilities.
FEMA must review and report on the risk formula and methodology used to award UASI and SHSGP grants, including a discussion of any necessary changes to such formula to ensure grant awards are appropriately based on risk. The GAO shall review and assess the risk formula and methodology used to award such grants.
(Sec. 1606) This section sets forth additional allowable uses of UASI and SHSGP grants.
(Sec. 1607) FEMA must implement a uniform process for reviewing applications for using grants to purchase equipment or systems that do not meet or exceed any applicable national voluntary consensus standards developed under the Post-Katrina Emergency Management Reform Act of 2006.
The DHS Inspector General shall submit a report assessing the implementation of the review process.
(Sec. 1608) FEMA shall enter into memoranda of understanding with DHS components and offices delineating their roles and responsibilities regarding the policy and guidance for various homeland security grants.
(Sec. 1609) FEMA must study, and report on, an assessment of information provided in State Preparedness Reports required under the Post-Katrina Emergency Management Reform Act of 2006 and Threat and Hazard Identification and Risk Assessments.
(Sec. 1610) FEMA shall include in the annual Notice of Funding Opportunity relating to UASI and SHSGP grants an appendix that includes: (1) a summary of findings identified by the DHS Inspector General in audits of such grants and methods to address areas identified for improvement; and (2) innovative projects and best practices instituted by grant recipients.
(Sec. 1611) DHS may not implement the National Preparedness Grant Program or any successor consolidated grant program unless it receives prior authorization from Congress.
(Sec. 1612) Any applicant for a UASI or SHSGP grant to purchase equipment shall develop a plan for the maintenance of such equipment over its life-cycle that includes information identifying which entity is responsible for such maintenance.
(Sec. 1613) This section amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to require funds provided under the Transit Security Grant Program for capital and operating uses to remain available to grant recipients for at least 36 months, and for at least 55 months for security improvements for public transportation systems and infrastructure.
(Sec. 1614) DHS shall make funds provided under the Port Security Grant Program available to grant recipients for at least 36 months.
(Sec. 1615) The functions of the national cybersecurity and communications integration center shall include: (1) sharing analysis conducted among state, local, and regional fusion centers; and (2) providing best practices on security and resilience measures and best practices to facilitate information security.
It is the sense of Congress that DHS should work to share actionable information related to cyber threats.
(Sec. 1616) DHS shall carry out a program to make grants to emergency response providers to prevent, prepare for, and respond to emerging terrorist attack scenarios, including complex, coordinated terrorist attacks and active shooters against major metropolitan areas.
(Sec. 1617) This section establishes in DHS Operation Stonegarden under which FEMA shall make grants to law enforcement agencies, through the State Administrative Agency, to enhance border security. To be eligible for a grant, a law enforcement agency must be: (1) located in a state bordering either Canada or Mexico, or a state or territory with a maritime border; and (2) involved in an active, ongoing U.S. Customs and Border Protection operation coordinated through a sector office.
The recipient of a grant may use such grant for: (1) equipment, including maintenance and sustainment costs; (2) personnel, including overtime and backfill, in support of enhanced border law enforcement activities; and (3) any activity permitted for Operation Stonegarden under DHS's FY2016 Homeland Security Grant Program Notice of Funding Opportunity.
(Sec. 1618) This section establishes in DHS a Non-Profit Security Grant Program, under which FEMA shall make grants to tax-exempt organizations at risk for a terrorist attack for target hardening and other security enhancements to protect against terrorist attacks.
(Sec. 1619) FEMA must conduct a study on the use of UASI and SHSGP grant funds, including information on: the amount of grant funds invested or obligated annually during FY2006-FY2016 to support efforts to prepare for and respond to cybersecurity risks and incidents, the degree to which grantees identify cybersecurity as a capability gap in the Threat and Hazard Identification and Risk Assessment, obstacles and challenges related to using grant funds to improve cybersecurity, and plans for future efforts to encourage grantees to use grant funds to improve cybersecurity capabilities.
Subtitle B--Communications
(Sec. 1631) DHS may not change the location or reporting structure of its Office of Emergency Communications without prior authorization from the congressional homeland security committees.
(Sec. 1632) The responsibilities of the Director for Emergency Communications and the Chief Information Officer are modified to repeal the requirement that the director administer DHS's authorities relating to the Integrated Wireless Network program and to require the director to: (1) administer the Government Emergency Telecommunications Service and Wireless Priority Service programs or successor programs, and (2) assess the impact of emerging technologies on interoperable emergency communications.
(Sec. 1633) The Office of Emergency Communications shall report to Congress on its programs and activities annually for the next five years.
(Sec. 1634) The director must update the the National Emergency Communications Plan at least every five years (currently, periodically). Such plan must consider the impact of emerging technologies on the attainment of interoperable emergency communications.
(Sec. 1636) The National Protection and Programs Directorate shall provide to Congress information on DHS's responsibilities related to the development of the nationwide Public Safety Broadband Network, including information on DHS efforts to work with the First Responder Network Authority of the Department of Commerce to identify and address cyber risks that could impact the availability and operations of such network and recommendations to mitigate such risks.
(Sec. 1637) The DHS Under Secretary for Management shall develop a mechanism to verify that radio users within DHS receive training on the use of DHS radio systems, including interagency radio use protocols.
Subtitle C--Medical Preparedness
(Sec. 1641) The responsibilities of the DHS Chief Medical Officer (CMO) are modified to include:
The CMO may provide medical liaisons to DHS components to provide subject matter expertise on medical and public health issues and a direct link to the CMO.
(Sec. 1642) DHS must establish a medical countermeasures program to facilitate personnel readiness and protection for DHS's employees and working animals and individuals in its care and custody in the event of an attack, a naturally occurring disease outbreak, or a pandemic and to support DHS mission continuity.
The CMO shall provide programmatic oversight of the program and shall:
The CMO shall: (1) establish a medical countermeasures working group to ensure that medical countermeasures standards are maintained and guidance is consistent, and (2) develop and submit to the DHS Secretary an integrated logistics support plan for medical countermeasures.
Title VII--OTHER MATTERS
(Sec. 1701) DHS must review its existing policy memoranda to determine whether such memoranda should remain in effect and if so, whether any should be modified.
(Sec. 1702) The authority of DHS to issue Asia-Pacific Economic Cooperation business travel cards is made permanent.
(Sec. 1703) The bill authorizes appropriations for the DHS Office of Inspector General for FY2018 and FY2019.
(Sec. 1704) U.S. Customs and Border Protection may request additional canine teams when there is a justified and documented shortage and such additional teams would be effective for drug detection at the border.
DIVISION B--U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
Immigration and Customs Enforcement Authorization Act of 2017
(Sec. 2002) This division amends the HSA to set forth statutory authority for U.S. Immigration and Customs Enforcement (ICE) within DHS.
ICE shall seek the removal of inadmissible and deportable aliens and otherwise enforce the immigration laws other than through criminal prosecutions.
ICE shall investigate and, where appropriate, refer for prosecution any criminal or civil violation of federal law relating to:
The division prescribes other ICE responsibilities, including: (1) administering the National Intellectual Property Rights Coordination Center; (2) coordinating with federal, state, local, tribal, and foreign agencies; (3) establishing staff liaison offices and units in foreign countries to support counterterrorism efforts; (4) establishing interagency law enforcement centers; (5) administering the Border Enforcement Security Task Force; (6) operating the Cyber Crimes Center; and (7) administering internal conspiracy investigations at U.S. ports of entry.
The division sets forth statutory authority for ICE's Office of Homeland Security Investigations, which shall: (1) investigate terrorist organizations and other criminal organizations; (2) investigate and refer for prosecution any criminal or civil violation of federal law, including money laundering, cyber crimes, human trafficking, and narcotics and weapons trafficking; (3) collect foreign student information; and (4) administer a National Export Enforcement Coordination Center, a Human Smuggling and Trafficking Center, and a Bulk Cash Smuggling Center.
The division sets forth statutory authority for ICE's Office of Enforcement and Removal Operations, which shall: (1) serve as ICE's law enforcement office with primary responsibility to enforce U.S. civil immigration and nationality laws; (2) identify, arrest, and seek the removal of aliens who are inadmissible or deportable, criminal gang members, or threats to public safety; (3) have custody over detained aliens and manage ICE detention operations; and (4) manage the execution of exclusion, deportation, and removal orders.
The division sets forth statutory authority for ICE's Office of the Principal Legal Advisor, which shall: (1) provide legal advice and policy guidance, and (2) represent DHS and ICE in appropriate proceedings and venues.
The division sets forth statutory authority for ICE's Office of Professional Responsibility, which shall: (1) investigate allegations of administrative, civil, and criminal misconduct involving ICE employees or contractors; (2) inspect and review ICE offices, operations, and processes; and (3) manage ICE's security programs.
The division sets forth statutory authority for ICE's Office of Management and Administration, which shall: (1) administer the Office of Human Capital, the Office of Chief Financial Officer, and the Office of Policy; (2) create best practices for Freedom of Information Act (FOIA) requests; and (3) manage information technology systems.
The individual serving as the Director of ICE on the day before the enactment of this division may continue to serve until the earlier of the date on which: (1) such individual is no longer eligible to serve as director, or (2) a person nominated by the President to be the director is confirmed by the Senate.
Statutory references to the Bureau of Border Security are removed.
DIVISION C--UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
United States Citizenship and Immigration Services Authorization Act
(Sec. 3002) The HSA is amended to set forth statutory authority for: (1) the United States Citizenship and Immigration Services (USCIS) within DHS; (2) USCIS's Office of the Chief Counsel, which shall provide legal advice and other assistance to USCIS and represent USCIS in visa petition appeals; (3) USCIS's Office of Policy and Strategy, which shall develop and coordinate policy and strategy recommendations; and (4) USCIS's Office of Citizenship, which shall promote citizenship training and civic integration for aliens who are interested in becoming naturalized U.S. citizens.
The division sets forth statutory authority for USCIS's Fraud Detection and National Security Directorate, which shall: (1) seek to prevent immigration benefits from being granted to individuals who are a national security or public safety threat, (2) seek to prevent immigration benefits fraud, (3) conduct security and background investigations and develop fraud prevention systems and techniques, and (4) investigate and refer incidents of fraud to ICE.
The division sets forth statutory authority for USCIS's Immigration Records and Identity Services Directorate, which shall manage: (1) an employment eligibility verification system, (2) the Systematic Alien Verification for Entitlements Program, (3) biometric services, and (4) immigration records.
The division sets forth statutory authority for USCIS's Field Operations Directorate, which shall: (1) oversee all field offices, (2) conduct interviews and oversee the adjudication of immigration benefits applications, (3) oversee the adjudication of naturalization applications and conduct naturalization ceremonies, and (4) conduct security and background checks.
The division sets forth statutory authority for USCIS's: (1) Refugee, Asylum, and International Operations Directorate, which shall oversee refugee and asylum application adjudications and interviews; (2) Service Center Operations Directorate, which shall oversee all service centers; and (3) Management Directorate, which shall carry out management duties.
The division sets forth statutory authority for USCIS's Office of Professional Responsibility, which shall (1) seek to ensure compliance with USCIS programs and policies relating to corruption, misconduct, or mismanagement; and (2) investigate allegations of administrative, civil, and criminal misconduct involving USCIS employees or contractors.
The individual serving as the Director of USCIS on the day before the date of enactment of this division may continue to serve until the earlier of the date on which: (1) such individual is no longer eligible to serve as director, or (2) a person nominated by the President to be the director is confirmed by the Senate.
Statutory references to the Bureau of Citizenship and Immigration Services are removed.
DIVISION D--UNITED STATES SECRET SERVICE
Secret Service Reauthorization Act of 2017
(Sec. 4002) The bill amends the federal criminal code to: (1) make the Director of the Secret Service a presidential appointment, subject to the advice and consent of the Senate; (2) prohibit knowingly entering an object into any restricted building or grounds to impede or disrupt the orderly conduct of government business or official functions; and (3) prohibit knowingly and willfully threatening to kill, kidnap, or harm former Vice Presidents, their spouses, or their children under age 16 or any person protected by the Secret Service under a presidential memorandum.
(Sec. 4005) The director must increase the annual number of training hours for Secret Service officers and agents.
(Sec. 4006) The director is authorized to construct facilities at the Rowley Training Center to improve the training of U.S. Secret Service Uniformed Division officers and Secret Service agents.
(Sec. 4007) The director shall adopt improved procedures for: (1) evaluating vulnerabilities in White House security and threats to persons protected by the Secret Service, and (2) evaluating the use of technology to improve such security and respond to such threats.
(Sec. 4009) The director is required to evaluate the practicability of equipping agents and officers with weapons other than those currently provided.
(Sec. 4010) Provisions of the Presidential Protection Assistance Act of 1976 requiring expenditures above a specified amount by the Secret Service for securing any non-governmental property in addition to the one non-governmental property designated by each protectee to be approved by the House and Senate Appropriations Committees are replaced with provisions requiring the Secret Service to notify such committees of any such expenditures.
(Sec. 4011) The director shall establish an Ethics Program Office.
(Sec. 4012) A Secret Service officer may provide armed protective services authorized by statute or pursuant to a presidential memorandum at any place where a general or special election is held.
(Sec. 4013) The bill expresses the sense of Congress that DHS or the director shall make an assessment of the physical security of the White House and attendant grounds. Any resulting security-related enhancements shall be accorded substantial deference by the National Capital Planning Commission, the Commission of Fine Arts, and any other relevant entities.
DIVISION E--COAST GUARD
Coast Guard Authorization Act of 2017
TITLE I--AUTHORIZATIONS
(Sec. 5101) This title reauthorizes Coast Guard programs and activities and levels of military strength and training for FY2018-FY2019.
TITLE II--COAST GUARD
(Sec. 5201) The Coast Guard may make training available to public safety personnel if Coast Guard members are unable to participate in such training and such training would further the goal of interoperability amount federal and nonfederal agencies.
(Sec. 5202) The President may reduce the period of active commissioned service required for Coast Guard officers who retire in FY2017 or FY2018.
(Sec. 5203) This section increases the maximum ratio of the number of Coast Guard officers in a promotion zone to the number of officers to be promoted.
(Sec. 5205) This section repeals the provision that allows enlisted members discharged for bad conduct, undesirability, or inaptitude to be furnished civilian clothing.
(Sec. 5206) The Coast Guard shall establish a land-based unmanned aircraft system program.
(Sec. 5207) State-licensed health care professionals who work with the Coast Guard may practice their health profession at any location in the United States if the practice is within the scope of their authorized federal duties.
(Sec. 5208) The Coast Guard Yard and related shipyard and marine maintenance facilities may enter into contracts that include performance incentives.
(Sec. 5209) The Coast Guard shall maintain its cutters to the standard set by the American Bureau of Shipping.
(Sec. 5210) The Coast Guard shall appoint a Director of Congressional Affairs from among its officers who are in a grade above captain.
(Sec. 5211) This section expands the Coast Guard's authority to enter into contracts for major acquisitions.
(Sec. 5212) The Coast Guard may not certify its eighth National Security Cutter as operational until it reports to Congress on the operating costs of its fleet.
(Sec. 5213) This section eliminates a requirement that mariners complete an approved refresher or recertification course to maintain their radar observer endorsement.
(Sec. 5214) This section extends indefinitely the prohibition on the Coast Guard closing air facilities.
(Sec. 5215) This section extends through FY2021 the authority of the Coast Guard to hire acquisition workforce under expedited hiring authority.
(Sec. 5216) This section authorizes procurement of three Fast Response Cutters, trials of icebreaker vessels, construction and repair of shoreside facilities, and improvements to the MH-65 helicopter fleet.
(Sec. 5220) The Coast Guard must submit to Congress a plan to replace or extend the life of its fleet of inland water vessels and Bay-class icebreakers.
(Sec. 5221) The Coast Guard must report to Congress on its sexual assault prevention and response policies and its strategic goals related to sexual assault victim recovery.
TITLE III--PORTS AND WATERWAYS SAFETY
(Sec. 5301) This title revises and reorganizes federal statutes to create a separate chapter for the Ports and Waterways Safety Act and related provisions.
(Sec. 5302) This section revises requirements for electronic charts, including to exempt certain foreign vessels from such requirements.
(Sec. 5305) This section eliminates the Houston-Galveston Navigation Safety Advisory Committee.
(Sec. 5306) The Coast Guard may issue regulations to promote safety during regattas or marine parades.
TITLE IV--MARITIME TRANSPORTATION SAFETY
(Sec. 5401) The bill revises provisions regarding maritime documentation requirements.
(Sec. 5403) The Coast Guard may (currently, must) require an undocumented barge of more than 100 gross tons operating on the navigable waters of the United States to be numbered.
(Sec. 5404) The bill revises Coast Guard and bridge owner duties related to schedule changes governing the opening of a drawbridge that will be in effect for less than six months.
(Sec. 5405) The bill revises provisions regarding an alternative safety compliance program for certain fishing, fish processing, or fish tender vessels.
(Sec. 5407) The Coast Guard shall establish a performance standard for distress signals that may be used as an alternative to established distress signals.
(Sec. 5408) The Coast Guard shall notify Congress of action taken to carry out the recommendations contained in the final report issued by the Atlantic Coast Port Access Route Study workgroup, published March 14, 2016.
(Sec. 5409) Coast Guard personnel performing nonrecreational vessel documentation functions may perform recreational vessel documentation under specified circumstances.
(Sec. 5410) A recreational endorsement for a vessel shall be effective for five years, subject to certain exceptions. The Coast Guard must charge a fee for recreational endorsements equivalent to the fee charged for fishery endorsements.
(Sec. 5411) The Coast Guard shall provide for a reliable land-based enhanced LORAN, or eLORAN, positioning, navigation, and timing system.
(Sec. 5412) The bill exempts The Volunteer (Hull Number CCA4108), a replica canal boat operating on the Illinois and Michigan Canal, from various requirements applicable to vessels on navigable waters.
(Sec. 5413) The bill allows uninspected passenger vessels on Crane Lake in St. Louis County, Minnesota to carry up to 12 passengers.
(Sec. 5414) The Coast Guard shall require associated equipment manufacturers, distributors, and dealers installing propulsion machinery and associated starting controls on certain recreational vessels to install an engine cut-off switch in compliance with American Boat and Yacht Standard A-33.
(Sec. 5415) The Coast Guard shall notify Congress on the status of the implementation of the survey and classification requirements for fishing, fish tender, and fish processing vessel certification.
TITLE V--MISCELLANEOUS
(Sec. 5501) The bill eliminates a provision that required a report to Congress on the feasibility of accelerating the rate of procurement for the Coast Guard's Integrated Deepwater System.
(Sec. 5502) The Coast Guard may reimburse a nonfederal entity for costs incurred by the entity for a covered project, subject to certain conditions. A covered project is defined as a project carried out by a non-federal entity to construct and establish an aid to navigation that facilitates safe and efficient marine transportation on a federal navigation project authorized by the Water Resources Development Act of 2007.
(Sec. 5503) The Coast Guard may issue a certificate of documentation with a fishery endorsement for the F/V Western Challenger (IMO number 5388108).
(Sec. 5504) The bill eliminates a provision that required DOT to transfer the Ship Shoal Lighthouse in the Gulf of Mexico to the city of Berwick, Louisiana.
(Sec. 5505) The Coast Guard shall enter into an arrangement with the National Academy of Sciences under which the academy shall prepare an assessment of available unmanned, autonomous, or remotely controlled maritime domain awareness technologies for use by the Coast Guard.
(Sec. 5506) The Coast Guard shall compare the costs to the government of towing vessel inspections performed by the Coast Guard and such inspections performed by a third party and revise inspection fees, as necessary.
(Sec. 5507) This section eliminates GAO audits of the Oil Spill Liability Trust Fund and revises provisions regarding Coast Guard reporting of incidents that result in disbursements from the fund.
(Sec. 5508) The Department of the Interior is authorized to exchange land with a private owner in Ayakulik Island, Alaska.
(Sec. 5509) The Coast Guard shall submit to Congress a report on the oil spill prevention and response capabilities available for the area covered by the Captain of the Port Zone that includes the Arctic.
(Sec. 5510) The Coast Guard shall report to Congress on public comments received on proposals to establish additional anchorages on the Hudson River between Yonkers, New York, and Kingston, New York. The Coast Guard may not establish any of these additional anchorages until 180 days after reporting to Congress.
(Sec. 5511) The Coast Guard shall review its policies and procedures for public safety answering points and search-and-rescue coordination with state and local law enforcement.
(Sec. 5512) The Coast Guard may issue a certificate of documentation with a coastwise and a fishery endorsement for the vessel America's Finest (United States official number 1276760).
DIVISION F--FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FEMA Reauthorization Act of 2017
(Sec. 6002) The Post-Katrina Emergency Management Reform Act of 2006 is amended to reauthorize the Federal Emergency Management Agency (FEMA) through FY2020.
(Sec. 6003) The National Advisory Council shall: (1) begin a comprehensive study relating to disaster costs and losses and federal disaster assistance within 30 days of this bill's enactment; and (2) convene to evaluate disaster costs and losses and federal disaster assistance, including consideration of trends and contributing factors and disaster roles and responsibility.
The council shall: (1) develop recommendations to reduce disaster costs and losses and to more efficiently and effectively deliver federal disaster assistance, and (2) report to Congress and FEMA on such recommendations.
(Sec. 6004) The Implementing Recommendations of the 9/11 Commission Act is amended to require training, to the extent practicable, in settings that simulate real response environments, such as urban areas, and to reauthorize through FY2020: (1) the Center for Domestic Preparedness, and (2) the National Domestic Preparedness Consortium.
(Sec. 6005) DHS is authorized to establish a Rural Domestic Preparedness Consortium within DHS consisting of universities and nonprofit organizations qualified to provide training to emergency response providers from rural communities.
The consortium shall identify, develop, test, and deliver training to state, local, and tribal emergency response providers from rural communities, provide on-site and mobile training, and facilitate the delivery of training by the training partners of DHS.
(Sec. 6006) FEMA shall be responsible for protecting the nation against the loss of life and property from an earthquake, tsunami, or combined earthquake and tsunami event.
(Sec. 6007) The bill declares that actions attributed to or taken by FEMA under the National Flood Insurance Act of 1968 and other disaster-related authorities do not create a federal nexus for purposes of applying interagency consultation requirements under the Endangered Species Act of 1973.
(Sec. 6008) The bill provides for the establishment in FEMA of a Center for Faith-Based Neighborhood Partnerships. The center's mission shall be to develop and coordinate DHS outreach efforts with faith-based and community organizations and serve as a liaison between such organizations and DHS components for activities related to securing facilities, emergency preparedness and response, and combating human trafficking.
In support of such mission, FEMA shall:
(Sec. 6009) FEMA shall periodically update (at least once every five years) its National Response Plan.
FEMA must develop and provide to federal departments and agencies with coordinating, primary, or supporting responsibilities under the National Response Framework performance metrics to ensure readiness to execute responsibilities under the emergency support functions of such framework.
(Sec. 6010) The periodic review of the National Incident Management System and the National Response Plan by FEMA's National Integration Center shall occur at least once every five years.
(Sec. 6011) FEMA, in coordination with the National Council on Disability and the National Advisory Council, shall establish a remedial action management program to:
FEMA shall: (1) collect, and report on, information on corrective actions identified by agencies in response to disasters and acts of terrorism; and (2) electronically transmit to Congress and other public and private entities reports on lessons learned and best practices from responses to acts of terrorism, natural disasters, and other emergencies or exercises.
(Sec. 6012) FEMA shall develop an implementation plan to address the findings and recommendations of the 2017 Management Review Team report on live agent training at the Chemical, Ordnance, Biological and Radiological Training Facility and provide to Congress updates on efforts to implement recommendations related to the management review of the Chemical, Ordnance, Biological, and Radiological Training Facility of the Center for Domestic Preparedness of FEMA.
The GAO shall review and report to Congress on the status of the implementation plan and the governance structure at the Chemical, Ordnance, Biological and Radiological Training Facility of the Center for Domestic Preparedness of FEMA.
(Sec. 6013) The HSA is amended to establish in FEMA a senior law enforcement advisor to strengthen FEMA's coordination among state, local, and tribal law enforcement.
The advisor shall: (1) coordinate on behalf of FEMA with the Office for State and Local Law Enforcement to ensure state, local, and tribal law enforcement receive consideration in policies, guidance, training, and exercises related to preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters; and (2) work with FEMA and the office to ensure grants to state, local, and tribal government agencies appropriately focus on terrorism prevention activities.
(Sec. 6014) FEMA must identify and integrate the needs of children into activities relating to natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents, including by appointing a technical expert to coordinate such activities.
(Sec. 6015) FEMA shall designate an individual to serve as its chief management official and principal advisor on management matters, including management integration in support of emergency management operations and programs.
The management official shall be responsible for FEMA's management and administration, including with respect to:
FEMA must report to Congress on: (1) a review of financial, human capital, information technology, real property planning, and acquisition management of headquarters and all FEMA regional offices; and (2) a strategy for capturing financial, human capital, information technology, real property planning, and acquisition data.
(Sec. 6016) FEMA must report on its efforts to modernize its grants and financial information technology systems.
(Sec. 6017) By May 1, 2018, and by May 1 of each of the five succeeding years, FEMA must submit an update of its strategic human capital plan.
(Sec. 6018) This section establishes within FEMA an Office of Disability Integration and Coordination. The office's mission is to ensure that individuals with disabilities and other access and functional needs are included in emergency management activities throughout FEMA by providing guidance, tools, methods, and strategies for the purpose of equal physical program and effective communication access.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 296.
Placed on the Union Calendar, Calendar No. 130.
Ordered to be Reported (Amended).
Reported (Amended) by the Committee on Homeland Security. H. Rept. 115-198.
Reported (Amended) by the Committee on Homeland Security. H. Rept. 115-198.
Placed on the Union Calendar, Calendar No. 135.
Mr. McCaul moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H6047-6120)
DEBATE - The House proceeded with forty minutes of debate on H.R. 2825.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H6128)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 386 - 41 (Roll no. 403).(text: CR H6047-6109)
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Became Public Law No: 115-278.
Placed on the Union Calendar, Calendar No. 122.
Referred to the Subcommittee on Emergency Preparedness, Response and Communications.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Ordered to be Reported (Amended) by Voice Vote.
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Became Public Law No: 115-324.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Held at the desk.
Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (Sponsor introductory remarks on measure: CR S2428-2430; text of measure as introduced: CR S2428-2430)
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 386 - 41 (Roll no. 403). (text: CR H6047-6109)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs. Hearings held. Hearings printed: S.Hrg. 115-457.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. Without written report.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 381.
By Senator Johnson from Committee on Homeland Security and Governmental Affairs filed written report. Report No. 115-351.
By Senator Johnson from Committee on Homeland Security and Governmental Affairs filed written report. Report No. 115-351.