Keep America Secure Act

I 116TH CONGRESS 2D SESSION H. R. 8309 To authorize certain authorities of the Department of Homeland Security, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 17, 2020 Mr. ROGERS of Alabama (for himself, Mr. KING of New York, Mr. MCCAUL, Mr. KATKO, Mr. WALKER, Mr. HIGGINS of Louisiana, Mrs. LESKO, Mr. GREEN of Tennessee, Mr. JOYCE of Pennsylvania, Mr. CRENSHAW, Mr. GUEST, Mr. BISHOP of North Carolina, Mr. VAN DREW, and Mr. GARCIA of California) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Ways and Means, Transportation and Infrastructure, Oversight and Reform, Energy and Commerce, Foreign Affairs, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize certain authorities of the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Keep America Secure Act’’. 5 VerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8309.IH H8309 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 8309 IH (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Authorization of appropriations. TITLE I—MANAGEMENT REFORM AND ACCOUNTABILITY Subtitle A—Headquarters Operation Sec. 101. Homeland security enterprise defined. Sec. 102. Functions and components of headquarters of Department of Home- land Security. Sec. 103. Repeal of Director of Shared Services and Office of Counternarcotics Enforcement of Department of Homeland Security. Sec. 104. Responsibilities and functions of Chief Privacy Officer. Sec. 105. Unmanned Aircraft Systems Countermeasures Coordinator. Sec. 106. Responsibilities of Chief Financial Officer. Sec. 107. Chief Information Officer. Sec. 108. Quadrennial homeland security review. Sec. 109. Office of Strategy, Policy, and Plans. Sec. 110. Chief Procurement Officer. Sec. 111. Chief Security Officer. Sec. 112. Office of Partnership and Engagement. Sec. 113. Department of Homeland Security rotation program. Sec. 114. Annual submission to Congress of information regarding reprogram- ming or transfer of Department of Homeland Security re- sources to respond to operational surges. Sec. 115. Overseas personnel briefing. Subtitle B—Acquisition Reform Sec. 121. Acquisition Review Board. Sec. 122. Acquisition authorities for Under Secretary for Management of the Department of Homeland Security. Sec. 123. Acquisition authorities for Under Secretary of Strategy, Policy, and Plans. Sec. 124. Acquisition authorities for Program Accountability and Risk Manage- ment (PARM). Sec. 125. Government Accountability Office review of board and of require- ments to reduce duplication in acquisition programs. Sec. 126. Excluded party list system waivers. Sec. 127. Inspector general oversight of suspension and debarment. Sec. 128. Congressional notification for major acquisition programs. Sec. 129. Multiyear acquisition strategy. Sec. 130. Acquisition reports. Sec. 131. Prohibition on operation or procurement of foreign-made unmanned aircraft systems. Sec. 132. Establishment of the Office of Biometric Identity Management. Subtitle C—Management of Programs Sec. 141. Department of Homeland Security enhanced hiring. Sec. 142. Fitness standards. Sec. 143. Training to protect the vulnerable. VerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H8309.IH H8309 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 8309 IH Sec. 144. Department of Homeland Security Blue Campaign enhancement. TITLE II—INTELLIGENCE AND INFORMATION SHARING Subtitle A—DHS Intelligence Enterprise Sec. 201. Annual homeland threat assessments. Sec. 202. Homeland intelligence doctrine. Sec. 203. Comptroller General assessment. Sec. 204. Analysts for the chief intelligence officer. Sec. 205. Establishment of Insider Threat Program. Sec. 206. Department of Homeland Security counterintelligence vetting task force. Sec. 207. Visa security. Sec. 208. Chemical, biological, radiological, and nuclear intelligence and infor- mation sharing. Sec. 209. Inland waters threat analysis. Sec. 210. Transnational criminal organizations threat assessment. Sec. 211. Department of Homeland Security counterterrorism advisory board. Sec. 212. National Vetting Center. Sec. 213. National Vetting Governance Board. Subtitle B—Information Sharing Sec. 215. Department of Homeland Security Fusion Center Partnership Initia- tive. Sec. 216. Fusion center personnel needs assessment. Sec. 217. Program for State and local analyst clearances. Sec. 218. Information technology assessment. Sec. 219. Department of Homeland Security classified facility inventory and dissemination. Sec. 220. Terror inmate information sharing. Sec. 221. Enhancing Department of Homeland Security suspicious activity re- porting operations. TITLE III—CYBERSECURITY Sec. 301. Cybersecurity Advisory Committee. Sec. 302. Cybersecurity essentials. Sec. 303. Establishment of continuous diagnostics and mitigation program in the Cybersecurity and Infrastructure Security Agency. Sec. 304. Administrative subpoena authority. Sec. 305. CISA Director term limitation. Sec. 306. State, local, Tribal, and territorial cybersecurity. Sec. 307. Cybersecurity workforce. Sec. 308. Election security. Sec. 309. Protection from liability. Sec. 310. Permanent extension of chemical facility anti-terrorism standards program of the Department of Homeland Security. Sec. 311. Cybersecurity research and development projects. Sec. 312. Loan repayment program. Sec. 313. Exclusion of certain student loan repayments. Sec. 314. Scholarship for service. Sec. 315. Cybersecurity and Infrastructure Security Agency review. Sec. 316. Strategy to secure email. Sec. 317. Strengthening Federal networks. Sec. 318. Authorization of appropriations. VerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H8309.IH H8309 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 8309 IH TITLE IV—BORDER AND VISA SECURITY Sec. 401. Additional U.S. Customs and Border Protection agents and officers. Sec. 402. Establishment of workload staffing models for U.S. Border Patrol and Air and Marine Operations of CBP. Sec. 403. U.S. Customs and Border Protection retention incentives. Sec. 404. Study on efficacy of certain personnel screening methods for U.S. Customs and Border Protection use. Sec. 405. Hiring flexibility. Sec. 406. Supplemental commissioner authority and definitions. Sec. 407. Technical and conforming amendment. Sec. 408. Ports of entry infrastructure. Sec. 409. U.S. Customs and Border Protection technology upgrades. Sec. 410. Physical barriers along the southwest border. Sec. 411. Air and Marine Operations flight hours. Sec. 412. Amendments to U.S. Customs and Border Protection. Sec. 413. Continuous screening by U.S. Customs and Border Protection. Sec. 414. Customs Trade Partnership Against Terrorism. Sec. 415. Strategy to ensure detection of all opioid purity levels at ports of entry. Sec. 416. Authorization of the immigration advisory program. Sec. 417. Border security technology accountability. Sec. 418. Establishment of U.S. Immigration and Customs Enforcement. Sec. 419. Biometric Identification Transnational Migration Alert Program. Sec. 420. Reporting of visa overstays. Sec. 421. Student and exchange visitor information system verification. Sec. 422. Social media review of visa applicants. Sec. 423. Homeland security investigations national gang unit. Sec. 424. Homeland security investigations transnational criminal investigative units. Sec. 425. Homeland security investigations innovation lab. Sec. 426. Establishment of United States Citizenship and Immigration Serv- ices. Sec. 427. Fraud prevention. Sec. 428. Border security and trade modernization trust fund. Sec. 429. Border security improvement plan. Sec. 430. Integrated Border Enforcement Teams. Sec. 431. No ban on information sharing. Sec. 432. Border Security Advisory Committee. Sec. 433. Border tunnel detection. Sec. 434. Subterranean operations. Sec. 435. Border enforcement security task force updates. Sec. 436. Extension of port of entry donation authority. TITLE V—TRANSPORTATION SECURITY Sec. 501. Authorization of appropriations for salaries, operation, and mainte- nance of the Transportation Security Administration. Sec. 502. Retention of security service fee by the Transportation Security Ad- ministration. Sec. 503. Emerging and future threats task force. Sec. 504. Comptroller General review. Sec. 505. Enrollment redress. Sec. 506. Training required. Sec. 507. Identity and travel document verification. Sec. 508. Standard operating procedures at airport checkpoints. VerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H8309.IH H8309 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 8309 IH Sec. 509. Canine detection research and development. Sec. 510. Security incident response at airports and surface transportation hubs. Sec. 511. Alternate new security screening personnel training program cost and feasibility study. Sec. 512. Prohibition of advance notice of covert testing to security screeners. Sec. 513. Explosive detection technology. Sec. 514. Recurrent vetting for surface transportation credential-holders. Sec. 515. Biometrics for TSA PreCheck. Sec. 516. Secure Flight program. Sec. 517. Known Crew Member program. Sec. 518. Screening Partnership Program. Sec. 519. Headquarters efficiency. Sec. 520. Repeal of regulations. Sec. 521. Sensitive security information. Sec. 522. International aviation security. Sec. 523. Office of Inspection accountability. Sec. 524. Checkpoints of the future. Sec. 525. Air cargo security. Sec. 526. Childcare. Sec. 527. Passengers with physical or cognitive disabilities. Sec. 528. TSA Human Capital Strategic Plan. Sec. 529. Screening technology deployment. Sec. 530. Review of aviation security stakeholder access to Homeland Security Information Network. Sec. 531. Airport public area security enhancement. TITLE VI—EMERGENCY PREPAREDNESS, RESPONSE, AND RECOVERY Subtitle A—Grants, Training, Exercises, and Coordination Sec. 601. Urban Area Security Initiative. Sec. 602. State Homeland Security Grant Program. Sec. 603. Grants to directly eligible tribes. Sec. 604. Law enforcement terrorism prevention. Sec. 605. Prioritization. Sec. 606. Allowable uses. Sec. 607. Memoranda of understanding. Sec. 608. Grants metrics. Sec. 609. Grant management best practices. Sec. 610. Prohibition on consolidation. Sec. 611. Maintenance of grant investments. Sec. 612. Allowable uses of funds for public transportation security assistance grants. Sec. 613. Periods of performance for public transportation security assistance grants. Sec. 614. Comptroller General review of public transportation security assist- ance grant program. Sec. 615. Port security grant program. Sec. 616. Cyber preparedness. Sec. 617. Operation Stonegarden. Subtitle B—Communications Sec. 621. Office of Emergency Communications. VerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\H8309.IH H8309 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 8309 IH Sec. 622. Responsibilities of Office of Emergency Communications Director. Sec. 623. Annual reporting on activities of the Office of Emergency Commu- nications. Sec. 624. National emergency communications plan. Sec. 625. Technical edit. Sec. 626. Public safety broadband network. Sec. 627. Communications training. Subtitle C—Federal Emergency Management Agency (FEMA) Sec. 631. Short title. Sec. 632. Reauthorization of Federal Emergency Management Agency. Sec. 633. National domestic preparedness consortium. Sec. 634. Rural Domestic Preparedness Consortium. Sec. 635. Center for Faith-Based and Neighborhood Partnerships. Sec. 636. Emergency support functions. Sec. 637. Review of national incident management system. Sec. 638. Remedial action management program. Sec. 639. Strategic human capital plan. Sec. 640. Office of Disability Integration and Coordination. Sec. 641. FEMA Senior Law Enforcement Advisor. Sec. 642. Technical amendments to national emergency management. Subtitle D—Genome Editing Threat Assessment Sec. 651. Genome editing threat assessment. TITLE VII—PANDEMIC PREPAREDNESS Sec. 701. Chief Medical Officer. Sec. 702. Medical countermeasures program. Sec. 703. Personal protective equipment. Sec. 704. Teleworking assessment. Sec. 705. Transportation security public health threat preparedness. Sec. 706. Securing critical supplies. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 1 There is authorized to be appropriated for the nec- 2 essary expenses of the Department of Homeland Security 3 authorized by this Act, the amendments made by this Act, 4 and other provisions of law (including relevant provisions 5 of title 49, United States Code, and the Homeland Secu- 6 rity Act of 2002 (6 U.S.C. 101 et seq.))— 7 (1) $59,100,000,000 for fiscal year 2021, of 8 which— 9 VerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8309.IH H8309 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 8309 IH (A) $11,975,942,980 shall be for grants 1 and agency expenditures as provided in titles 2 III, IV, V, and VI and the amendments made 3 by such titles; and 4 (B) $7,917,936,000 shall be for the Trans- 5 portation Security Administration as provided 6 by section 114(w) of title 49, United States 7 Code; and 8 (2) $60,200,000,000 for fiscal year 2022, of 9 which $20,477,721,840 shall be for grants and agen- 10 cy expenditures as provided in titles III, IV, V, and 11 VI and the amendments made by such titles. 12 TITLE I—MANAGEMENT REFORM 13 AND ACCOUNTABILITY 14 Subtitle A—Headquarters 15 Operation 16 SEC. 101. HOMELAND SECURITY ENTERPRISE DEFINED. 17 Section 2 of the Homeland Security Act of 2002 (6 18 U.S.C. 101) is amended— 19 (1) by redesignating paragraphs (9) through 20 (20) as paragraphs (10) through (21), respectively; 21 and 22 (2) by inserting after paragraph (8) the fol- 23 lowing new paragraph (9): 24 VerDate Sep 11 2014 21:22 Nov 04, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8309.IH H8309 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 8309 IH ‘‘(9) The term ‘homeland security enterprise’ 1 means any relevant governmental or nongovern- 2 mental entity [Text truncated for display. Full text available on Congress.gov.]