H.R. 2825 — what changed

added Paragraph (6) of subsection (c) of section 708 of the Homeland Security Act of 2002 (6 U.S.C. 349(c)), as redesignated by section 410 of this Act, is amended by inserting “, including feedback from organizations representing the needs of children,” after “stakeholder feedback”.

added Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is amended—

added “(9) maintain a catalogue of available employee development opportunities, including the Homeland Security Rotation Program pursuant to section 844, departmental leadership development programs, interagency development programs, and other rotational programs;

added “(10) ensure that employee discipline and adverse action programs comply with the requirements of all pertinent laws, rules, regulations, and Federal guidance, and ensure due process for employees;”

added “(d) Chief Learning and Engagement Officer—The Chief Human Capital Officer may designate an employee of the Department to serve as a Chief Learning and Engagement Officer to assist the Chief Human Capital Officer in carrying out this section.”

added “(2) information on employee development opportunities catalogued pursuant to paragraph (9) of subsection (b) and any available data on participation rates, attrition rates, and impacts on retention and employee satisfaction;

added “(3) information on the progress of Department-wide strategic workforce planning efforts as determined under paragraph (2) of subsection (b);

added “(4) information on the activities of the steering committee established pursuant to section 710(a), including the number of meeting, types of materials developed and distributed, and recommendations made to the Secretary;”

added “714. Employee engagement

added “(a) Steering committee—Not later than 120 days after the date of the enactment of this section, the Secretary shall establish an employee engagement steering committee, including representatives from operational components, headquarters, and field personnel, including supervisory and non-supervisory personnel, and employee labor organizations that represent Department employees, and chaired by the Under Secretary for Management, to carry out the following activities:

added “(1) Identify factors that have a negative impact on employee engagement, morale, and communications within the Department, such as perceptions about limitations on career progression, mobility, or development opportunities, collected through employee feedback platforms, including through annual employee surveys, questionnaires, and other communications, as appropriate.

added “(2) Identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within the Department, including through annual employee surveys, questionnaires, and other communications, as appropriate.

added “(3) Monitor efforts of each component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate.

added “(4) Advise the Secretary on efforts to improve employee engagement, morale, and communications within specific components and across the Department.

added “(5) Conduct regular meetings and report, not less than once per quarter, to the Under Secretary for Management, the head of each component, and the Secretary on Department-wide efforts to improve employee engagement, morale, and communications.

added “(b) Action plan; Reporting—The Secretary, acting through the Chief Human Capital Officer, shall—

added “(1) not later than 120 days after the date of the establishment of the steering committee under subsection (a), issue a Department-wide employee engagement action plan, reflecting input from the employee engagement steering committee established pursuant to subsection (a) and employee feedback provided through annual employee surveys, questionnaires, and other communications in accordance with paragraph (1) of such subsection, to execute strategies to improve employee engagement, morale, and communications within the Department; and

added “(2) require the head of each component to—

added “(A) develop and implement a component-specific employee engagement plan to advance the action plan required under paragraph (1) that includes performance measures and objectives, is informed by employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate, and sets forth how employees and, where applicable, their labor representatives are to be integrated in developing programs and initiatives;

added “(B) monitor progress on implementation of such action plan; and

added “(C) provide to the Chief Human Capital Officer and the steering committee quarterly reports on actions planned and progress made under this paragraph.

added “(c) Termination—This section shall terminate on the date that is five years after the date of the enactment of this section.”

added “715. Annual employee award program

added “(a) In general—The Secretary may establish an annual employee award program to recognize Department employees or groups of employees for significant contributions to the achievement of the Department’s goals and missions. If such a program is established, the Secretary shall—

added “(1) establish within such program categories of awards, each with specific criteria, that emphasizes honoring employees who are at the non-supervisory level;

added “(2) publicize within the Department how any employee or group of employees may be nominated for an award;

added “(3) establish an internal review board comprised of representatives from Department components, headquarters, and field personnel to submit to the Secretary award recommendations regarding specific employees or groups of employees;

added “(4) select recipients from the pool of nominees submitted by the internal review board under paragraph (3) and convene a ceremony at which employees or groups of employees receive such awards from the Secretary; and

added “(5) publicize such program within the Department.

added “(b) Internal review board—The internal review board described in subsection (a)(3) shall, when carrying out its function under such subsection, consult with representatives from operational components and headquarters, including supervisory and non-supervisory personnel, and employee labor organizations that represent Department employees.

added “(c) Rule of construction—Nothing in this section may be construed to authorize additional funds to carry out the requirements of this section or to require the Secretary to provide monetary bonuses to recipients of an award under this section.”

added “528. Center for Faith-Based and Neighborhood Partnerships

added “(a) In general—There is established in the Department a Center for Faith-Based and Neighborhood Partnerships, headed by a Director.

added “(b) Mission—The mission of the Center shall be to develop and coordinate Departmental outreach efforts with faith-based and community organizations and serve as a liaison between such organizations and components of the Department for activities related to securing facilities, emergency preparedness and response, and combating human trafficking.

added “(c) Responsibilities—In support of the mission of the Center for Faith-Based and Neighborhood Partnerships, the Director shall—

added “(1) develop, in collaboration with the Administrator of the Federal Emergency Management Agency, exercises that engage faith-based and community organizations to test capabilities for all hazards, including active shooter incidents;

added “(2) coordinate the delivery of guidance and training to faith-based and community organizations related to securing their facilities against natural disasters, acts of terrorism, and other man-made disasters;

added “(3) conduct outreach to faith-based and community organizations regarding guidance, training, and exercises and Departmental capabilities available to assist faith-based and community organizations secure their facilities against natural disasters, acts of terrorism, and other man-made disasters;

added “(4) facilitate engagement and coordination among the emergency management community and faith-based and community organizations;

added “(5) deliver training and technical assistance to faith-based and community-based organizations and provide subject-matter expertise related to anti-human trafficking efforts to help communities successfully partner with other Blue Campaign components; and

added “(6) perform any other duties as assigned by the Secretary.”

added “716. Timely guidance to personnel regarding Executive Orders

added “To the maximum extent practicable, before any Executive Order affecting Department functions, programs, or operations takes effect, the Secretary, in coordination with the heads of relevant Department components and offices, shall make every effort to, as expeditiously as possible, provide to relevant Department personnel written guidance regarding how such Executive Order is to be implemented.”

added The Secretary of Homeland Security shall continue to prioritize the provision of assistance, on a voluntary basis, to State and local election officials in recognition of the importance of election infrastructure to the United States and that its incapacity or destruction would have a debilitating impact on national security, and that state and non-state adversaries should not compromise election infrastructure.

added “719. Acquisition innovation

added “The Under Secretary for Management may—

added “(1) designate an individual within the Department to manage acquisition innovation efforts of the Department;

added “(2) test emerging acquisition best practices to carrying out acquisitions, consistent with the Federal Acquisition Regulation and Department acquisition management directives, as appropriate;

added “(3) develop and distribute best practices and lessons learned regarding acquisition innovation throughout the Department;

added “(4) establish metrics to measure the effectiveness of acquisition innovation efforts with respect to cost, operational efficiency of the acquisition program (including timeframes for executing contracts), and collaboration with the private sector, including small businesses; and

added “(5) determine impacts of acquisition innovation efforts on the private sector by—

added “(A) engaging with the private sector, including small businesses, to provide information and obtain feedback on procurement practices and acquisition innovation efforts of the Department;

added “(B) obtaining feedback from the private sector on the impact of acquisition innovation efforts of the Department; and

added “(C) incorporating such feedback, as appropriate, into future acquisition innovation efforts of the Department.”

added The Inspector General of the Department of Homeland Security—

added “210G. Homeland intelligence doctrine

added “(a) In general—Not later than 180 days after the date of the enactment of this section, the Secretary, acting through the Chief Intelligence Officer of the Department, in coordination with intelligence components of the Department, the Office of the General Counsel, the Privacy Office, and the Office for Civil Rights and Civil Liberties, shall develop and disseminate written Department-wide guidance for the processing, analysis, production, and dissemination of homeland security information (as such term is defined in section 892) and terrorism information (as such term is defined in section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485)).

added “(b) Contents—The guidance required under subsection (a) shall, at a minimum, include the following:

added “(1) A description of guiding principles and purposes of the Department’s intelligence enterprise.

added “(2) A summary of the roles and responsibilities of each intelligence component of the Department and programs of the intelligence components of the Department in the processing, analysis, production, or dissemination of homeland security information and terrorism information, including relevant authorities and restrictions applicable to each intelligence component of the Department and programs of each such intelligence components.

added “(3) Guidance for the processing, analysis, and production of such information.

added “(4) Guidance for the dissemination of such information, including within the Department, among and between Federal departments and agencies, among and between State, local, tribal, and territorial governments, including law enforcement, and with foreign partners and the private sector.

added “(5) An assessment and description of how the dissemination to the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) and Federal law enforcement of homeland security information and terrorism information assists such entities in carrying out their respective missions.

added “(c) Form—The guidance required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

added “(d) Annual review—For each of the five fiscal years beginning with the fiscal year that begins after the date of the enactment of this section, the Secretary shall conduct a review of the guidance required under subsection (a) and, as appropriate, revise such guidance.”

added 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.”.

added “210H. Homeland terrorist threat assessments

added “(a) In general—Not later than 180 days after the date of the enactment of this section and for each of the next five fiscal years (beginning in the fiscal year that begins after the date of the enactment of this section) the Secretary, acting through the Under Secretary for Intelligence and Analysis, and using departmental information, including component information, and information provided through State and major urban area fusion centers, shall conduct an assessment of the terrorist threat to the homeland.

added “(b) Contents—Each assessment under subsection (a) shall include the following:

added “(1) Empirical data assessing terrorist activities and incidents over time in the United States, including terrorist activities and incidents planned or supported by persons outside of the United States targeting the homeland.

added “(2) An evaluation of current terrorist tactics, as well as ongoing and possible future changes in terrorist tactics.

added “(3) An assessment of criminal activity encountered or observed by officers or employees of components in the field which is suspected of financing terrorist activity.

added “(4) Detailed information on all individuals denied entry to or removed from the United States as a result of material support provided to a foreign terrorist organization (as such term is used in section 219 of the Immigration and Nationality Act (8 U.S.C. 1189)).

added “(5) The efficacy and spread of foreign terrorist organization propaganda, messaging, or recruitment.

added “(6) An assessment of threats, including cyber threats, to the homeland, including to critical infrastructure and Federal civilian networks.

added “(7) An assessment of current and potential terrorism and criminal threats posed by individuals and organized groups seeking to unlawfully enter the United States.

added “(8) An assessment of threats to the transportation sector, including surface and aviation transportation systems.

added “(c) Additional information—The assessments required under subsection (a)—

added “(1) shall, to the extent practicable, utilize existing component data collected from the field; and

added “(2) may incorporate relevant information and analysis from other agencies of the Federal Government, agencies of State and local governments (including law enforcement agencies), as well as the private sector, disseminated in accordance with standard information sharing procedures and policies.

added “(d) Form—The assessments required under subsection (a) shall be shared with the appropriate congressional committees and submitted in classified form, but—

added “(1) shall include unclassified summaries; and

added “(2) may include unclassified annexes, if appropriate.”

added “(27) To carry out section 210H (relating to homeland terrorist threat assessments).”

added “104. Insider Threat Program

added “(a) Establishment—The Secretary shall establish an Insider Threat Program within the Department. Such Program shall—

added “(1) provide training and education for Department personnel to identify, prevent, mitigate, and respond to insider threat risks to the Department’s critical assets;

added “(2) provide investigative support regarding potential insider threats that may pose a risk to the Department’s critical assets; and

added “(3) conduct risk mitigation activities for insider threats.

added “(b) Steering Committee

added “(1) In general—The Secretary shall establish a Steering Committee within the Department. The Under Secretary for Intelligence and Analysis shall serve as the Chair of the Steering Committee. The Chief Security Officer shall serve as the Vice Chair. The Steering Committee shall be comprised of representatives of the Office of Intelligence and Analysis, the Office of the Chief Information Officer, the Office of the General Counsel, the Office for Civil Rights and Civil Liberties, the Privacy Office, the Office of the Chief Human Capital Officer, the Office of the Chief Financial Officer, the Federal Protective Service, the Office of the Chief Procurement Officer, the Science and Technology Directorate, and other components or offices of the Department as appropriate. Such representatives shall meet on a regular basis to discuss cases and issues related to insider threats to the Department’s critical assets, in accordance with subsection (a).

added “(2) Responsibilities—Not later than one year after the date of the enactment of this section, the Under Secretary for Intelligence and Analysis and the Chief Security Officer, in coordination with the Steering Committee established pursuant to paragraph (1), shall—

added “(A) develop a holistic strategy for Department-wide efforts to identify, prevent, mitigate, and respond to insider threats to the Department’s critical assets;

added “(B) develop a plan to implement the insider threat measures identified in the strategy developed under subparagraph (A) across the components and offices of the Department;

added “(C) document insider threat policies and controls;

added “(D) conduct a baseline risk assessment of insider threats posed to the Department’s critical assets;

added “(E) examine existing programmatic and technology best practices adopted by the Federal Government, industry, and research institutions to implement solutions that are validated and cost-effective;

added “(F) develop a timeline for deploying workplace monitoring technologies, employee awareness campaigns, and education and training programs related to identifying, preventing, mitigating, and responding to potential insider threats to the Department’s critical assets;

added “(G) require the Chair and Vice Chair of the Steering Committee to consult with the Under Secretary for Science and Technology and other appropriate stakeholders to ensure the Insider Threat Program is informed, on an ongoing basis, by current information regarding threats, beset practices, and available technology; and

added “(H) develop, collect, and report metrics on the effectiveness of the Department’s insider threat mitigation efforts.

added “(c) Definitions—In this section:

added “(1) Critical assets—The term “critical assets” means the people, facilities, information, and technology required for the Department to fulfill its mission.

added “(2) Insider—The term “insider” means—

added “(A) any person who has access to classified national security information and is employed by, detailed to, or assigned to the Department, including members of the Armed Forces, experts or consultants to the Department, industrial or commercial contractors, licensees, certificate holders, or grantees of the Department, including all subcontractors, personal services contractors, or any other category of person who acts for or on behalf of the Department, as determined by the Secretary; or

added “(B) State, local, tribal, territorial, and private sector personnel who possess security clearances granted by the Department.

added “(3) Insider threat—The term “insider threat” means the threat that an insider will use his or her authorized access, wittingly or unwittingly, to do harm to the security of the United States, including damage to the United States through espionage, terrorism, the unauthorized disclosure of classified national security information, or through the loss or degradation of departmental resources or capabilities.”

added “210I. Departmental coordination on counterterrorism

added “(a) Establishment—There is in the Department a board to be composed of senior representatives of departmental operational components and headquarters elements. The purpose of the board shall be to coordinate and integrate departmental intelligence, activities, and policy related to the counterterrorism mission and functions of the Department.

added “(b) Charter—There shall be a charter to govern the structure and mission of the board. Such charter shall direct the board to focus on the current threat environment and the importance of aligning departmental counterterrorism activities under the Secretary’s guidance. The charter shall be reviewed and updated every four years, as appropriate.

added “(c) Members

added “(1) Chair—The Secretary shall appoint a Coordinator for Counterterrorism within the Department who will serve as the chair of the board.

added “(2) Additional members—The Secretary shall appoint additional members of the board from among the following:

added “(A) The Transportation Security Administration.

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

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

added “(D) The Federal Emergency Management Agency.

added “(E) The Coast Guard.

added “(F) United States Citizenship and Immigration Services.

added “(G) The United States Secret Service.

added “(H) The National Protection and Programs Directorate.

added “(I) The Office of Operations Coordination.

added “(J) The Office of the General Counsel.

added “(K) The Office of Intelligence and Analysis.

added “(L) The Office of Policy.

added “(M) The Science and Technology Directorate.

added “(N) Other departmental offices and programs as determined appropriate by the Secretary.

added “(d) Meetings—The board shall meet on a regular basis to discuss intelligence and coordinate ongoing threat mitigation efforts and departmental activities, including coordination with other Federal, State, local, tribal, territorial, and private sector partners, and shall make recommendations to the Secretary.

added “(e) Terrorism alerts—The board shall advise the Secretary on the issuance of terrorism alerts pursuant to section 203 of this Act.

added “(f) Prohibition on additional funds—No additional funds are authorized to carry out this section.”

added “A Headquarters Activities”

added “B Security Clearances

added “731. Designation of national security sensitive and public trust positions

added “(a) In general—The Secretary shall require the designation of the sensitivity level of national security positions (pursuant to part 1400 of title 5, Code of Federal Regulations, or similar successor regulation) be conducted in a consistent manner with respect to all components and offices of the Department, and consistent with Federal guidelines.

added “(b) Implementation—In carrying out subsection (a), the Secretary shall require the utilization of uniform designation tools throughout the Department and provide training to appropriate staff of the Department on such utilization. Such training shall include guidance on factors for determining eligibility for access to classified information and eligibility to hold a national security position.

added “732. Review of position designations

added “(a) In general—Not later than one year after the date of the enactment of this subtitle, and every five years thereafter, the Secretary shall review all sensitivity level designations of national security positions (pursuant to part 1400 of title 5, Code of Federal Regulations, or similar successor regulation) at the Department.

added “(b) Determination—If during the course of a review required under subsection (a), the Secretary determines that a change in the sensitivity level of a position that affects the need for an individual to obtain access to classified information is warranted, such access shall be administratively adjusted and an appropriate level periodic reinvestigation completed, as necessary.

added “(c) Congressional reporting—Upon completion of each review required under subsection (a), the Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the findings of each such review, including the number of positions by classification level and by component and office of the Department in which the Secretary made a determination in accordance with subsection (b) to—

added “(1) require access to classified information;

added “(2) no longer require access to classified information; or

added “(3) otherwise require a different level of access to classified information.

added “733. Audits

added “Beginning not later than 180 days after the date of the enactment of this section, the Inspector General of the Department shall conduct regular audits of compliance of the Department with part 1400 of title 5, Code of Federal Regulations, or similar successor regulation.

added “734. Reporting

added “(a) In general—The Secretary shall annually through fiscal year 2022 submit to the Committee on Homeland Security and the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the following:

added “(1) The number of denials, suspensions, revocations, and appeals of the eligibility for access to classified information of an individual throughout the Department.

added “(2) The date and status or disposition of each reported action under paragraph (1).

added “(3) The identification of the sponsoring entity, whether by a component, office, or headquarters of the Department, of each action under paragraph (1), and description of the grounds for each such action.

added “(4) Demographic data, including data relating to race, sex, national origin, and disability, of each individual for whom eligibility for access to classified information was denied, suspended, revoked, or appealed, and the number of years that each such individual was eligible for access to such information.

added “(5) In the case of a suspension in excess of 180 days, an explanation for such duration.

added “(b) Form—The report required under subsection (a) shall be submitted in unclassified form and be made publicly available, but may include a classified annex for any sensitive or classified information if necessary.

added “735. Uniform adjudication, suspension, denial, and revocation

added “Not later than one year after the date of the enactment of this section, the Secretary, in consultation with the Homeland Security Advisory Committee, shall develop a plan to achieve greater uniformity within the Department with respect to the adjudication of eligibility of an individual for access to classified information that are consistent with the Adjudicative Guidelines for Determining Access to Classified Information published on December 29, 2005, or similar successor regulation. The Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the plan. The plan shall consider the following:

added “(1) Mechanisms to foster greater compliance with the uniform Department adjudication, suspension, denial, and revocation standards by the head of each component and office of the Department with the authority to adjudicate access to classified information.

added “(2) The establishment of an internal appeals panel responsible for final national security clearance denial and revocation determinations that is comprised of designees who are career, supervisory employees from components and offices of the Department with the authority to adjudicate access to classified information and headquarters, as appropriate.

added “736. Data protection

added “The Secretary shall ensure that all information received for the adjudication of eligibility of an individual for access to classified information is consistent with the Adjudicative Guidelines for Determining Access to Classified Information published on December 29, 2005, or similar successor regulation, and is protected against misappropriation.

added “737. Reference

added “Except as otherwise provided, for purposes of this subtitle, any reference to the “Department” includes all components and offices of the Department.”

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

added “(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—

added “(1) coordinate with the heads of other Federal departments and agencies to provide operational and intelligence advice and assistance to the National Network of Fusion Centers;

added “(2)

added “(A) support the integration of fusion centers into the information sharing environment;

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

added “(C) consult with other Federal agencies to develop methods to address any such gaps, as appropriate;

added “(3)

added “(A) identify Federal databases and datasets, including databases and datasets used, operated, or managed by Department components, the Federal Bureau of Investigation, and the Department of the Treasury, that are appropriate, in accordance with Federal laws and policies, to address any gaps identified pursuant to paragraph (2), for inclusion in the information sharing environment; and

added “(B) coordinate with the appropriate Federal agency to deploy or access such databases and datasets;

added “(4) support the maturation and sustainment of the National Network of Fusion Centers;

added “(5) reduce inefficiencies and maximize the effectiveness of Federal resource support to the National Network of Fusion Centers;

added “(6) provide analytic and reporting advice and assistance to the National Network of Fusion Centers;

added “(7) review information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that is gathered by the National Network of Fusion Centers and incorporate such information, as appropriate, into the Department’s own such information;

added “(8) provide for the effective dissemination of information within the scope of the information sharing environment to the National Network of Fusion Centers;

added “(9) facilitate close communication and coordination between the National Network of Fusion Centers and the Department and other Federal departments and agencies;

added “(10) provide the National Network of Fusion Centers with expertise on Department resources and operations;

added “(11) coordinate the provision of training and technical assistance to the National Network of Fusion Centers and encourage participating fusion centers to take part in terrorism threat-related exercises conducted by the Department;

added “(12) ensure, to the greatest extent practicable, that support for the National Network of Fusion Centers is included as a national priority in applicable homeland security grant guidance;

added “(13) 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;

added “(14) coordinate the nationwide suspicious activity report initiative to ensure information gathered by the National Network of Fusion Centers is incorporated as appropriate;

added “(15) promote and facilitate, to the greatest extent practicable, nationwide suspicious activity report training of fire, emergency medical services, emergency management, and public heath personnel;

added “(16) lead Department efforts to ensure fusion centers in the National Network of Fusion Centers are the primary focal points for the sharing of homeland security information, terrorism information, and weapons of mass destruction information with State, local, tribal, and territorial entities to the greatest extent practicable;

added “(17) 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; and

added “(18) carry out such other duties as the Secretary determines appropriate.”

added “(c) Resource allocation

added “(1) Information sharing and personnel assignment

added “(A) Information sharing—The Under Secretary for Intelligence and Analysis shall ensure that, as appropriate—

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

added “(ii) Department personnel are deployed to support fusion centers in the National Network of Fusion Centers in a manner consistent with the Department’s mission and existing statutory limits.

added “(B) Personnel assignment—Department personnel referred to in subparagraph (A)(ii) may include the following:

added “(i) Intelligence officers.

added “(ii) Intelligence analysts.

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

added “(C) Memoranda of understanding—The Under Secretary for Intelligence and Analysis shall negotiate memoranda of understanding between the Department and a State or local government, in coordination with the appropriate representatives from fusion centers in the National Network of Fusion Centers, regarding the exchange of information between the Department and such fusion centers. Such memoranda shall include the following:

added “(i) The categories of information to be provided by each entity to the other entity that are parties to any such memoranda.

added “(ii) The contemplated uses of the exchanged information that is the subject of any such memoranda.

added “(iii) The procedures for developing joint products.

added “(iv) The information sharing dispute resolution processes.

added “(v) Any protections necessary to ensure the exchange of information accords with applicable law and policies.

added “(2) Sources of support

added “(A) In general—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:

added “(i) The Office of Intelligence and Analysis.

added “(ii) The Office of Infrastructure Protection.

added “(iii) The Transportation Security Administration.

added “(iv) U.S. Customs and Border Protection.

added “(v) U.S. Immigration and Customs Enforcement.

added “(vi) The Coast Guard.

added “(vii) The national cybersecurity and communications integration center under section 227.

added “(viii) Other components or offices of the Department, as determined by the Secretary.

added “(B) Coordination with other federal agencies—The Under Secretary for Intelligence and Analysis shall coordinate with appropriate officials throughout the Federal Government to ensure the deployment to fusion centers in the National Network of Fusion Centers of representatives with relevant expertise of other Federal departments and agencies.

added “(3) Resource allocation criteria

added “(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.”

added “(5) utilize Department information, including information held by components and offices, to develop analysis focused on the mission of the Department under section 101(b).”

added “(1) In general—To the greatest extent practicable, the Secretary shall make it a priority to allocate resources, including deployed personnel, under this section from U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Coast Guard to support fusion centers in the National Network of Fusion Centers located in jurisdictions along land or maritime borders of the United States in order to enhance the integrity of and security at such borders by helping Federal, State, local, tribal, and territorial law enforcement authorities to identify, investigate, and otherwise interdict persons, weapons, and related contraband that pose a threat to homeland security.”

added “(5) 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”

added Subsection (b) of section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 607) is amended—

added “(5) Annual report—For each of fiscal years 2018 through 2022, the Assistant Secretary for State and Local Law Enforcement 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 activities of the Office for State and Local Law Enforcement. Each such report shall include, for the fiscal year covered by the report, a description of each of the following:

added “(A) Efforts to coordinate and share information regarding Department and component agency programs with State, local, and tribal law enforcement agencies.

added “(B) Efforts to improve information sharing through the Homeland Security Information Network by appropriate component agencies of the Department and by State, local, and tribal law enforcement agencies.

added “(C) The status of performance metrics within the Office of State and Local Law Enforcement to evaluate the effectiveness of efforts to carry out responsibilities set forth within the subsection.

added “(D) Any feedback from State, local, and tribal law enforcement agencies about the Office, including the mechanisms utilized to collect such feedback.

added “(E) Efforts to carry out all other responsibilities of the Office of State and Local Law Enforcement.”

added Paragraph (4) of section 2006(b) of the Homeland Security Act of 2002 (6 U.S.C. 607(b)) is amended—

added “(G) produce an annual catalog that summarizes opportunities for training, publications, programs, and services available to State, local, and tribal law enforcement agencies from the Department and from each component and office within the Department and, not later than 30 days after the date of such production, disseminate the catalog, including by—

added “(i) making such catalog available to State, local, and tribal law enforcement agencies, including by posting the catalog on the website of the Department and cooperating with national organizations that represent such agencies;

added “(ii) making such catalog available through the Homeland Security Information Network; and

added “(iii) submitting such catalog to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and

added “(H) in coordination with appropriate components and offices of the Department and other Federal agencies, develop, maintain, and make available information on Federal resources intended to support fusion center access to Federal information and resources.”

added Paragraph (2) of section 201(g) of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 941(g)) is amended to read as follows:

added “(2) Updates—Not later than 270 days after the date of the enactment of this paragraph and every three years thereafter, the Secretary shall submit to the appropriate congressional committees a report that contains an update of the strategic plan required by subsection (a).”

added Subsection (l) of section 205 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 945) is amended—

added “(i) shall facilitate the sharing of information relating to cybersecurity risks and incidents (as such terms are defined in section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148)) to address port-specific cybersecurity risks and incidents, which may include the establishment of a working group of members of such committees to address such port-specific cybersecurity risks and incidents;”

added “(v) prevention, management, and response to cybersecurity risks and incidents (as such terms are defined in section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148)); and”

added Subparagraph (D) of section 70103(c)(4) of title 46, United States Code, is amended to read as follows:

added “(D) subject to the availability of appropriations, verify the effectiveness of each such facility security plan periodically, but not less than one time per year without notice, and more frequently as determined necessary, in a risk based manner, with or without notice to the facility.”

added “434. Updates of maritime operations coordination plan

added “Not later than 180 days after the date of the enactment of this section and biennially thereafter, the Secretary shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a maritime operations coordination plan for the coordination and cooperation of maritime operations undertaken by components and offices of the Department with responsibility for maritime security missions. Such plan shall update the maritime operations coordination plan released by the Department in July 2011, and shall address the following:

added “(1) Coordination of planning, integration of maritime operations, and development of joint maritime domain awareness efforts of any component or office of the Department with responsibility for maritime homeland security missions.

added “(2) Maintaining effective information sharing and, as appropriate, intelligence integration, with Federal, State, and local officials and the private sector, regarding threats to maritime security.

added “(3) Cooperation and coordination with other departments and agencies of the Federal Government, and State and local agencies, in the maritime environment, in support of maritime homeland security missions.

added “(4) Work conducted within the context of other national and Department maritime security strategic guidance.”

added Sections 70107A and 70116 of title 46, United States Code, are repealed.

added “435. Maritime security capabilities assessments

added “Not later than 180 days after the date of the enactment of this section and annually thereafter, 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 an assessment of the number and type of maritime assets and the number of personnel required to increase the Department’s maritime response rate pursuant to section 1092 of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 223; Public Law 114–328).”

added “(K) An Administrator of the Transportation Security Administration, in accordance with section 114 of title 49, United States Code.”

added “(u) Deputy Administrator—There is established in the Transportation Security Administration a Deputy Administrator, who shall assist the Administrator in the management of the Transportation Security Administration.

added “(v) Office of Public Affairs

added “(1) Establishment—There is established in the Transportation Security Administration an Office of Public Affairs (in this subsection referred to as the “Office”).

added “(2) Assistant Administrator—The head of the Office shall be the Assistant Administrator for Public Affairs, who shall report to the Administrator of the Transportation Security Administration or the Administrator’s designee.

added “(3) Functions—The Office shall be responsible for facilitating understanding of the Transportation Security Administration’s mission by communicating with internal and external audiences in a timely, accurate, and transparent manner.

added “(w) Office of Civil Rights and Liberties, Ombudsman, and Traveler Engagement

added “(1) Establishment—There is established in the Transportation Security Administration an Office of Civil Rights and Liberties, Ombudsman, and Traveler Engagement (in this subsection referred to as the “Office”).

added “(2) Assistant Administrator—The head of the Office shall be the Assistant Administrator for Civil Rights and Liberties, Ombudsman, and Traveler Engagement, who shall report to the Administrator of the Transportation Security Administration or the Administrator’s designee.

added “(3) Functions—The Office shall be responsible for managing allegations of violations of civil rights and civil liberties from the public, carrying out the Administration’s equal employment opportunity and diversity policies and programs, including complaint management and adjudication, and helping to ensure that employees and the traveling public are treated in a fair and lawful manner.

added “(x) Office of Legislative Affairs

added “(1) Establishment—There is established in the Transportation Security Administration an Office of Legislative Affairs (in this subsection referred to as the “Office”).

added “(2) Assistant Administrator—The head of the Office shall be the Assistant Administrator for Legislative Affairs, who shall report to the Administrator of the Transportation Security Administration or the Administrator’s designee.

added “(3) Functions—The Office shall be responsible for developing and implementing strategies within the Transportation Security Administration to achieve congressional approval or authorization of the Administration’s programs and policies.

added “(y) Office of Finance and Administration

added “(1) Establishment—There is established in the Transportation Security Administration an Office of Finance and Administration (in this subsection referred to as the “Office”).

added “(2) Chief Financial Officer—The head of the Office shall be the Chief Financial Officer, who shall report to the Administrator of the Transportation Security Administration or the Administrator’s designee.

added “(3) Functions—The Office shall be responsible for financial, budgetary, and administrative activities that support the mission of the Transportation Security Administration.

added “(z) Office of the Chief of Operations

added “(1) Establishment—There is established in the Transportation Security Administration an Office of the Chief of Operations (in this subsection referred to as the “Office”).

added “(2) Chief of Operations—The head of the Office shall be the Chief of Operations, who shall report to the Administrator of the Transportation Security Administration or the Administrator’s designee.

added “(3) Functions—The Office shall be responsible for the following:

added “(A) Conducting protection, response, detection, assessment, and investigation activities in airports and other transportation facilities and deploying Federal Air Marshals on United States aircraft traveling domestically and internationally.

added “(B) Identifying, analyzing, and mitigating risk by assessing vulnerabilities at international locations to determine risk, evaluating risk impacts to determine mitigation activities, and executing mitigation activities to reduce risk to the United States.

added “(C) Providing security and intelligence professionals with timely information in order to prevent a terrorist attack against the transportation systems of the United States.

added “(D) Developing security policies and plans that reduce the risk of catastrophic terrorist attacks.

added “(E) Providing risk-based, adaptive security that includes airport checkpoint and baggage screening operations, regulatory compliance, cargo inspections, and other specialized programs designed to secure transportation.

added “(F) Safeguarding the transportation systems of the United States through the qualification and delivery of innovative security capabilities.

added “(aa) Office of the Chief of Mission Support

added “(1) Establishment—There is established in the Transportation Security Administration an Office of the Chief of Mission Support (in this subsection referred to as the “Office”).

added “(2) Chief of Mission Support—The head of the Office shall be the Chief of Mission Support, who shall report to the Administrator of the Transportation Security Administration or the Administrator’s designee.

added “(3) Functions—The Office shall be responsible for the following:

added “(A) Negotiating and awarding contracts and other procurement vehicles that improve the Transportation Security Administration’s capabilities.

added “(B) Providing strategic, sustainable, and comprehensive programs and services that attract, build, and inspire a talented workforce.

added “(C) Overseeing the development, delivery, and evaluation of training programs for Transportation Security Administration employees.

added “(D) Providing information technologies and services that enable global transportation security.

added “(E) Ensuring the integrity, efficiency, and effectiveness of the Transportation Security Administration’s workforce, operations, and programs through objective audits, covert testing, inspections, and criminal investigations.

added “(F) Ensuring consistency in misconduct penalty determinations and an expeditious and fair adjudication process.

added “(G) Building the Transportation Security Administration’s capabilities by managing the acquisition, testing, deployment, and sustainment of security technology and other acquisition programs.

added “(bb) Office of the Chief Counsel

added “(1) Establishment—There is established in the Transportation Security Administration an Office of the Chief Counsel (in this subsection referred to as the “Office”).

added “(2) Chief Counsel—The head of the Office shall be the Chief Counsel for the Transportation Security Administration, who shall report to the General Counsel of the Department of Homeland Security.

added “(3) Functions—The Office shall be responsible for providing legal advice and services across the Transportation Security Administration.”

added “(11) The Coast Guard.

added “(12) The Department of Homeland Security.

added “(13) The National Geospatial-Intelligence Agency.

added “(14) The National Reconnaissance Office.”

added “(3) information about acquisitions completed during the fiscal year preceding the fiscal year during which the report is submitted.”

added “(h) Notice of covered changes to Plan

added “(1) Notice required—The Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives notice of any covered change to the Plan by not later than 90 days after the date on which the change is made.

added “(2) Definition of change—In this subsection, the term “covered change” means an increase or decrease in the dollar amount allocated to the procurement of a technology or an increase or decrease in the number of a technology.”

added “C Maintenance of Security-Related Technology

added “1621. Maintenance validation and oversight

added “(a) In general—Not later than 180 days after the date of the enactment of this subtitle, the Administrator shall develop and implement a preventive maintenance validation process for security-related technology deployed to airports.

added “(b) Maintenance by Administration personnel at airports—For maintenance to be carried out by Administration personnel at airports, the process referred to in subsection (a) shall include the following:

added “(1) Guidance to Administration personnel at airports specifying how to conduct and document preventive maintenance actions.

added “(2) Mechanisms for the Administrator to verify compliance with the guidance issued pursuant to paragraph (1).

added “(c) Maintenance by contractors at airports—For maintenance to be carried by a contractor at airports, the process referred to in subsection (a) shall require the following:

added “(1) Provision of monthly preventative maintenance schedules to appropriate Administration personnel at each airport that includes information on each action to be completed by contractor.

added “(2) Notification to appropriate Administration personnel at each airport when maintenance action is completed by a contractor.

added “(3) A process for independent validation by a third party of contractor maintenance.

added “(d) Penalties for noncompliance—The Administrator shall require maintenance contracts for security-related technology deployed to airports to include penalties for noncompliance when it is determined that either preventive or corrective maintenance has not been completed according to contractual requirements and manufacturers’ specifications.”

added The Secretary of Homeland Security shall continue the review of all trusted traveler vetting programs carried out by the Department of Homeland Security using representatives from such programs to make recommendations on possible efficiencies that could be gained by integrating requirements and operations and increasing information and data sharing across programs.

added Not later than one year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (TSA) shall conduct a pilot project to test a secure, automated, and biometric-based system at airports to verify the identity of individuals who are members of TSA PreCheck or another Department of Homeland Security trusted traveler program that affords TSA expedited screening. Such system shall be designed to—

added Section 44901 of title 49, United States Code, is amended by adding at the end the following new subsection:

added “(m) Establishment of screening system for certain persons—Not later than December 31, 2018, the Administrator of the Transportation Security Administration shall, subject to the availability of appropriations, implement an identity and travel document verification system designed to establish a secure, automated system at all airports for verifying identity and travel documents of persons seeking entry into the sterile area of an airport. Such system shall—

added “(1) assess the need for security screening personnel to perform identity and travel document verification for such passengers, thereby assessing the overall number of such screening personnel;

added “(2) reduce the average wait time of such passengers;

added “(3) reduce overall operating expenses of the Administration;

added “(4) be integrated with the Administration’s watch list matching program; and

added “(5) be integrated with other technologies to further facilitate risk-based passenger screening at checkpoints, to the extent practicable and consistent with security standards.”

added Not later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall conduct a pilot project to test the use of screening equipment using computed tomography technology to screen baggage at passenger checkpoints.

added The Administrator of the Transportation Security Administration is authorized to provide screening services to a commercial charter air carrier in areas other than primary passenger terminals upon the request of such carrier. A commercial charter air carrier shall direct any such request to the Federal Security Director for the airport where such services are requested. A Federal Security Director may elect to provide screening services if such services are available. The Administrator shall enter into an agreement with a commercial charter air carrier for compensation from such carrier requesting the use of screening services for all reasonable costs in addition to overtime costs that are incurred in the provision of screening services under this section.

added The Administrator of the Transportation Security Administration shall seek to acquire an automated software capability for the scheduling of Federal Air Marshal Service missions based on current risk modeling.

added The Secretary of Homeland Security is prohibited from incorporating an increase in the passenger security fee under section 44940 of title 49, United States Code, beyond what is authorized at the time the annual budget proposal for the Department of Homeland Security is transmitted to Congress.

added Subparagraph (B) of section 44907(a)(2) of title 49, United States Code, is amended by inserting “, including the screening and vetting of airport workers” before the semicolon at the end.

added Section 44907 of title 49, United States Code, is amended—

added The Gerardo Hernandez Airport Security Act of 2015 (Public Law 114–50; 49 U.S.C. 44903 note) is amended—

added “(c) Review—The Administrator of the Transportation Security Administration shall review the active shooter response guidelines specified for Department of Homeland Security personnel under this section and make a recommendation to the Secretary of Homeland Security to modify such guidelines for personnel who are certified Federal law enforcement officials and for personnel who are uniformed but unarmed security officials.”

added “(c) Review—The Administrator of the Transportation Security Administration shall review the active shooter response guidelines specified for Department of Homeland Security personnel under this section and make a recommendation to the Secretary of Homeland Security to modify such guidelines for personnel who are certified Federal law enforcement officials and for personnel who are uniformed but unarmed security officials.”

added Section 44920 of title 49, United States Code, is amended—

added “(3) Entrance into contract—The Administrator of the Transportation Security Administration shall make best efforts to enter into a contract with a private screening company to provide screening services at an airport not later than 180 days after the date of approval of an application submitted by the operator of such airport under subsection (a).”

added “(h) Evaluation of screening company proposals for award—Notwithstanding any other provision of law, including title 48 of the Code of Federal Regulations and the Federal Advisory Committee Act (5 U.S.C. App.), an airport operator that has applied and been approved to have security screening services carried out by a qualified private screening company under contract with the Administrator of the Transportation Security Administration may nominate to the head of the contracting activity an individual to participate in the evaluation of proposals for the award of such contract. Any such participation on a proposal evaluation committee shall be conducted in accordance with the provisions and restrictions of chapter 21 of title 41, United States Code.

added “(i) Innovative screening approaches and technologies—The operator of an airport at which screening services are provided under this section is encouraged to recommend to the Administrator of the Transportation Security Administration innovative screening approaches and technologies. Upon receipt of any such recommendations, the Administrator, shall review and, if appropriate, test, conduct a pilot project, and, if appropriate, deploy such approaches and technologies.”

added Not later than 120 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the Transportation Security Administration’s law enforcement officer reimbursement program, which shall include information relating to the following:

added “(l) Initial and recurring training

added “(1) In general—The Administrator of the Transportation Security Administration shall establish a training program for new security screening personnel located at the Federal Law Enforcement Training Center in Glynco, Georgia.

added “(2) Recurring training—Not later than 180 days after the date of the enactment of this subsection, the Administrator of the Transportation Security Administration shall establish recurring training of security screening personnel regarding updates to screening procedures and technologies, including methods to identify the verification of false or fraudulent travel documents, as well as training on emerging threats, in response to weaknesses identified in covert tests at airports. The training shall include—

added “(A) internal controls for monitoring and documenting compliance of transportation security officers with such training requirements; and

added “(B) such other matters as identified by the Administrator with regard to such training.”

added Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall conduct a cost and feasibility study of developing a training program for security screening personnel that will provide such personnel with an equal level of training as is provided in the training program for new security screening personnel located at the Federal Law Enforcement Training Center in Glynco, Georgia, that could be conducted at or within 50 miles of such security screening personnel’s duty station. Such study should examine the use of online seminar and training platforms for portions of the training curriculum that are conducive to such an outcome.

added Section 44935 of title 49, United States Code, as amended by this Act, is further amended by adding at the end the following new subsection:

added “(m) Prohibition of advance notice to security screeners of covert testing and evaluation

added “(1) In general—The Administrator of the Transportation Security Administration shall ensure, to the greatest extent practicable, that information concerning a covert test of a transportation security system to be conducted by a covert testing office, the Inspector General of the Department of Homeland Security, or the Government Accountability Office is not provided to any individual involved in such test prior to the completion of such test.

added “(2) Exceptions—Notwithstanding paragraph (1)—

added “(A) an authorized individual involved in a covert test of a transportation security system may provide information concerning such covert test to—

added “(i) employees, officers, and contractors of the Federal Government (including military personnel);

added “(ii) employees and officers of State and local governments; and

added “(iii) law enforcement officials who are authorized to receive or directed to be provided such information by the Administrator of the Transportation Security Administration, the Inspector General of the Department of Homeland Security, or the Comptroller General of the United States, as the case may be; and

added “(B) for the purpose of ensuring the security of any individual in the vicinity of a site at which a covert test of a transportation security system is being conducted, an individual conducting such test may disclose his or her status as an individual conducting such test to any 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.

added “(3) Special rules for TSA

added “(A) Monitoring and security of testing personnel—The head of each covert testing office shall ensure that a person or group of persons conducting a covert test of a transportation security system for a covert testing office is accompanied at the site of such test by a cover team composed of one or more employees of such covert testing office for the purpose of monitoring such test and confirming the identity of personnel involved in such test under subparagraph (B).

added “(B) Responsibility of cover team—Under this paragraph, a cover team for a covert test of a transportation security system shall—

added “(i) monitor such test; and

added “(ii) for the purpose of ensuring the security of any individual in the vicinity of a site at which such test is being conducted, confirm, notwithstanding paragraph (1), the identity of any individual conducting such test to any 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.

added “(C) Aviation screening—Notwithstanding subparagraph (A), the Transportation Security Administration is not required to have a cover team present during a test of the screening of persons, carry-on items, or checked baggage at an aviation security checkpoint at or serving an airport if such test—

added “(i) is approved, in coordination with the designated security official for the airport operator by the Federal Security Director for such airport; and

added “(ii) is carried out under an aviation screening assessment program of the Department of Homeland Security.

added “(D) Use of other personnel—The Transportation Security Administration may use employees, officers, and contractors of the Federal Government (including military personnel) and employees and officers of State and local governments or any personnel authorized by the Federal Security Director to conduct covert tests.

added “(4) Definitions—In this subsection, the following definitions apply:

added “(A) Appropriate individual—The term “appropriate individual”, as used with respect to—

added “(i) a covert test under paragraph (2)(B) of a transportation security system, means any individual who the individual conducting such test determines needs to know his or her status as an individual conducting such test; or

added “(ii) a covert test under paragraph (3)(B)(i), means any individual who the cover team monitoring such test determines needs to know the identity of such cover team.

added “(B) Covered employee—The term “covered employee” means any individual who receives notice of a covert test before the completion of a test under paragraph (2)(B).

added “(C) Covert test

added “(i) In general—The term “covert test” means an exercise or activity conducted by a covert testing office, the Inspector General of the Department of Homeland Security, or the Government Accountability Office to intentionally test, compromise, or circumvent transportation security systems to identify vulnerabilities in such systems.

added “(ii) Limitation—Notwithstanding clause (i), the term “covert test” does not mean an exercise or activity by an employee or contractor of the Transportation Security Administration to test or assess compliance with relevant regulations.

added “(D) Covert testing office—The term “covert testing office” means any office of the Transportation Security Administration designated by the Administrator of the Transportation Security Administration to conduct covert tests of transportation security systems.

added “(E) Employee of a covert testing office—The term “employee of a covert testing office” means an individual who is an employee of a covert testing office or a contractor or an employee of a contractor of a covert testing office.”

added There is authorized $77,000,000 for each of fiscal years 2018 and 2019 to carry out subsection (n)(1) of section 44903 of title 49, United States Code.

added There is authorized $45,000,000 for each of fiscal years 2018 and 2019 to carry out subsection (h) of section 44901 of title 49, United States Code.

added “420. Air cargo advance screening program

added “(a) In general—The Secretary, consistent with the requirements of the Trade Act of 2002 (Public Law 107–210) shall—

added “(1) establish an air cargo advance screening program (in this section referred to as the “ACAS Program”) for the collection by U.S. Customs and Border Protection of advance electronic information from air carriers and other persons and governments within the supply chain regarding cargo being transported to the United States by air;

added “(2) under such program, require that such information be transmitted by such air carriers and other persons and governments at the earliest point practicable prior to loading of such cargo onto an aircraft destined to or transiting through the United States;

added “(3) establish appropriate communications systems with freight forwarders, shippers, and air carriers;

added “(4) establish a system that will allow freight forwarders, shippers, and air carriers to provide shipment level data for air cargo, departing from any location that is inbound to the United States; and

added “(5) coordinate with the Administrator of the Transportation Security Administration to identify opportunities in which the information furnished in compliance with the ACAS Program could be used by the Administrator.

added “(b) Inspection of high-risk cargo—Under the ACAS Program, the Secretary shall ensure that all cargo that has been identified as high-risk is inspected prior to loading of such cargo onto aircraft at the last point of departure before departing for the United States.

added “(c) Consultation—In carrying out the ACAS Program, the Secretary shall consult with relevant stakeholders, as appropriate, to ensure that an operationally feasible and practical approach to the collection of advance information with respect to cargo on aircraft departing for the United States recognizes the significant differences among air cargo business models and modes of transportation.

added “(d) Analysis—The Secretary may analyze the information referred to in subsection (a) in the Department’s automated targeting system and integrate such information with other intelligence to enhance the accuracy of the risk assessment process under the ACAS Program.

added “(e) No duplication—The Secretary shall carry out this section in a manner that, after the ACAS Program is fully in effect, does not duplicate other programs or requirements relating to the submission of air cargo data.

added “(f) Consideration of industry—In carrying out the ACAS Program, the Secretary shall—

added “(1) take into consideration that the content and timeliness of the available data may vary among entities in the air cargo industry and among countries, and shall explore procedures to accommodate such variations while maximizing the contribution of such data to the risk assessment process under the ACAS Program;

added “(2) test the business processes, technologies, and operational procedures required to provide advance information with respect to cargo on aircraft departing for the United States, while ensuring delays and other negative impacts on vital supply chains are minimized; and

added “(3) consider the cost, benefit, and feasibility before establishing any set time period for submission of certain elements of the data for air cargo under this section in line with the regulatory guidelines specified in Executive Order 13563, and any successor Executive Order or regulation.

added “(g) Guidance—The Secretary shall provide guidance for participants in the ACAS Program regarding the requirements for participation, including requirements for transmitting shipment level data.

added “(h) Use of data—The Secretary shall use the data provided under the ACAS Program for targeting shipments for screening and law enforcement purposes only.”

added Section 1307 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1116) is amended by adding at the end the following new subsection:

added “(h) Explosives detection canine teams for air cargo security

added “(1) In general—In order to enhance the screening of air cargo and ensure that third-party explosives detection canine assets are leveraged for such purpose, the Administrator shall, not later than 180 days after the date of the enactment of this subsection—

added “(A) develop and issue standards for the use of such third-party explosives detection canine assets for the primary screening of air cargo;

added “(B) develop a process to identify qualified non-Federal entities that will certify canine assets that meet the standards established by the Administrator pursuant to subparagraph (A);

added “(C) ensure that entities qualified to certify canine assets shall be independent from entities that will train and provide canines to end users of such canine assets;

added “(D) establish a system of Transportation Security Administration audits of the process developed pursuant to subparagraph (B); and

added “(E) provide that canines certified for the primary screening of air cargo can be used by air carriers, foreign air carriers, freight forwarders, and shippers.

added “(2) Implementation—Upon completion of the development of the process under subsection (a), the Administrator shall—

added “(A) facilitate the deployment of such assets that meet the certification standards of the Administration, as determined by the Administrator;

added “(B) make such standards available to vendors seeking to train and deploy third-party explosives detection canine assets; and

added “(C) ensure that all costs for the training and certification of canines, and for the use of supplied canines, are borne by private industry and not the Federal Government.

added “(3) Definitions—In this subsection:

added “(A) Air carrier—The term “air carrier” has the meaning given such term in section 40102 of title 49, United States Code.

added “(B) Foreign air carrier—The term “foreign air carrier” has the meaning given such term in section 40102 of title 49, United States Code.

added “(C) Third-party explosives detection canine assets—The term “third-party explosives detection canine assets” means any explosives detection canine or handler not owned or employed, respectively, by the Administration.”

added “(c) Information sharing—Not later than one year after the date of the enactment of this subsection, the Administrator shall—

added “(1) require each Federal Security Director of an airport to meet at least quarterly with the airport director, airport security coordinator, and law enforcement agencies serving each such airport to discuss incident management protocols, including the resolution of screening anomalies at passenger screening checkpoints; and

added “(2) require each Federal Security Director at an airport to inform, consult, and coordinate, as appropriate, with the respective airport security coordinator in a timely manner on security matters impacting airport operations and to establish and maintain operational protocols with such airport operators to ensure coordinated responses to security matters.”

added In this subtitle: