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Representative Michael McCaul, House of Representatives, "Cybersecurity and Infrastructure Protection Agency Act of 2016, June 3, 2016. Unclassified.

F M14 MCCAUL MCCAUL_094 XML Original Signature of Member 114TH CONGRESS 2D SESSION H R ll To amend the Homeland Security Act of 2002 to authorize the Cybersecurity and Infrastructure Protection Agency of the Department of Homeland Security and for other purposes IN THE HOUSE OF REPRESENTATIVES Mr MCCAUL introduced the following bill which was referred to the Committee on llllllllllllll A BILL To amend the Homeland Security Act of 2002 to authorize the Cybersecurity and Infrastructure Protection Agency of the Department of Homeland Security and for other purposes 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled 3 SECTION 1 SHORT TITLE 4 This Act may be cited as the ‘‘Cybersecurity and In- 5 frastructure Protection Agency Act of 2016’’ f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 2 1 SEC 2 CYBERSECURITY AND INFRASTRUCTURE PROTEC- 2 TION AGENCY 3 a IN GENERAL —The Homeland Security Act of 4 2002 is amended by adding at the end the following new 5 title 10 ‘‘TITLE XXII—CYBERSECURITY AND INFRASTRUCTURE PROTECTION AGENCY ‘‘Subtitle A—Cybersecurity and Infrastructure Protection 11 ‘‘SEC 2201 DEFINITIONS 6 7 8 9 12 ‘‘In this subtitle— 13 ‘‘ 1 CRITICAL 14 The term ‘critical infrastructure incident’ means an 15 occurrence that actually or immediately jeopardizes 16 without lawful authority the integrity confiden- 17 tially or availability of critical infrastructure 18 ‘‘ 2 CRITICAL INFRASTRUCTURE INFORMA- 19 TION —The 20 has the meaning given such term in section 2215 21 term ‘critical infrastructure information’ ‘‘ 3 CRITICAL INFRASTRUCTURE RISK —The 22 term ‘critical infrastructure risk’ means threats to 23 and vulnerabilities of critical infrastructure and any 24 related consequences caused by or resulting from un- 25 authorized access use disclosure degradation dis- 26 ruption modification or destruction of such critical f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 INFRASTRUCTURE INCIDENT — 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 3 1 infrastructure including such related consequences 2 caused by an act of terrorism 3 ‘‘ 4 CYBERSECURITY term ‘cyber- 4 security risk’ has the meaning given such term in 5 section 2209 6 ‘‘ 5 CYBERSECURITY THREAT —The term ‘cy- 7 bersecurity threat’ has the meaning given such term 8 in paragraph 5 of section 102 of the Cybersecurity 9 Information Sharing Act of 2015 contained in divi- 10 sion N of the Consolidated Appropriations Act 2016 11 Public Law 114–113 6 U S C 1501 12 ‘‘ 6 FEDERAL ENTITY —The term ‘Federal en- 13 tity’ has the meaning given such term in paragraph 14 8 of section 102 of the Cybersecurity Information 15 Sharing Act of 2015 contained in division N of the 16 Consolidated Appropriations Act 2016 Public Law 17 114–113 6 U S C 1501 18 ‘‘ 7 NON-FEDERAL ENTITY —The term ‘non- 19 Federal entity’ has the meaning given such term in 20 paragraph 14 of section 102 of the Cybersecurity 21 Information Sharing Act of 2015 contained in divi- 22 sion N of the Consolidated Appropriations Act 2016 23 Public Law 114–113 6 U S C 1501 24 25 ‘‘ 8 SHARING —The term ‘sharing’ has the meaning given such term in section 2209 f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 RISK —The 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 4 1 ‘‘SEC 2202 CYBERSECURITY AND INFRASTRUCTURE PRO- 2 3 TECTION AGENCY ‘‘ a REDESIGNATION — 4 ‘‘ 1 IN GENERAL —The National Protection 5 and Programs Directorate of the Department shall 6 on and after the date of the enactment of this sub- 7 title be known as the ‘Cybersecurity and Infrastruc- 8 ture Protection Agency’ in this subtitle referred to 9 as the ‘Agency’ 10 ‘‘ 2 REFERENCES — Any reference to the Na- 11 tional Protection and Programs Directorate of the 12 Department in any law regulation map document 13 record or other paper of the United States shall be 14 deemed to be a reference to the Cybersecurity and 15 Infrastructure Protection Agency of the Department 16 ‘‘ b MISSION —The mission of the Agency shall be 17 to lead national efforts to protect and enhance the security 18 and resilience of the cyber and critical infrastructure of 19 the United States 20 ‘‘ c DIRECTOR — 21 ‘‘ 1 IN Agency shall be head- 22 ed by a Director of National Cybersecurity in this 23 subtitle referred to as the ‘Director’ 24 ‘‘ 2 REFERENCE — Any reference to an Under 25 Secretary responsible for overseeing critical infra- 26 structure protection cybersecurity and any other re- f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 GENERAL —The 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 5 1 lated program of the Department as described in 2 section 103 a 1 H as in effect on the day before 3 the date of the enactment of this subtitle in any law 4 regulation map document record or other paper of 5 the United States shall be deemed to be a reference 6 to the Director of National Cybersecurity of the De- 7 partment 8 ‘‘ d RESPONSIBILITIES —The Director shall— 9 ‘‘ 1 lead cybersecurity and critical infrastruc- 10 ture protection policy and operations for the Depart- 11 ment 12 ‘‘ 2 serve as the primary representative of the 13 Department for coordinating with Federal entities 14 non-Federal entities and international partners the 15 cybersecurity and critical infrastructure protection 16 policy and operations referred to in paragraph 1 17 ‘‘ 3 facilitate a national effort to strengthen 18 and maintain secure functioning and resilient crit- 19 ical infrastructure from threats 20 ‘‘ 4 maintain and utilize mechanisms includ- 21 ing a coordinating body for the regular and ongoing 22 consultation and collaboration among the Agency’s 23 Divisions to further operation coordination inte- 24 grated situational awareness and improved integra- 25 tion across the Agency f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 6 1 ‘‘ 5 develop coordinate and implement— 2 ‘‘ A comprehensive strategic plans for cy- 3 bersecurity and critical infrastructure protec- 4 tion and 5 ‘‘ B risk assessments for the Department 6 in accordance with subsection f 7 ‘‘ 6 carry out emergency communications re- 8 sponsibilities in accordance with title XVIII 9 ‘‘ 7 carry out the authorities designated to the 10 Secretary under section 1315 of title 40 United 11 States Code and 12 ‘‘ 8 carry out such other duties and powers 13 prescribed by law or delegated by the Secretary 14 ‘‘ e RISK ASSESSMENTS — 15 ‘‘ 1 NATIONAL Di- 16 rector in coordination with the heads of relevant 17 components of the Department and other appro- 18 priate Federal entities shall develop coordinate and 19 update periodically not less often than once every 20 two years a national risk assessment of— 21 ‘‘ A cybersecurity risks and 22 ‘‘ B critical infrastructure risks 23 ‘‘ 2 INTEGRATED NATIONAL RISK ASSESS- 24 MENTS —The 25 update periodically not less often than once every f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 RISK ASSESSMENTS —The 15 55 Jun 03 2016 Jkt 000000 Director shall develop coordinate and 628733 14 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 7 1 two years an integrated national risk assessment 2 that assesses all of the cybersecurity risks and crit- 3 ical infrastructure risks referred to in paragraph 1 4 and compares each such risk and incident against 5 one another according to their relative risk includ- 6 ing cascading effects between each such risk 7 ‘‘ 3 INCLUSION na- 8 tional risk assessment required under paragraph 1 9 and integrated national risk assessment required 10 under paragraph 2 shall include— 11 ‘‘ A a description of the data and method- 12 ology used for each such assessment and 13 ‘‘ B if applicable actions or counter meas- 14 ures recommended or taken by the Secretary or 15 the head of another Federal agency to address 16 issues identified in each such assessment 17 ‘‘ 4 CLASSIFICATION —The Director shall en- 18 sure that each national risk assessment required 19 under paragraph 1 and integrated national risk as- 20 sessment required under paragraph 2 has a classi- 21 fied and unclassified version 22 ‘‘ 5 PROVISION TO CONGRESS —The Director 23 shall provide to the Committee on Homeland Secu- 24 rity of the House of Representatives and the Com- 25 mittee on Homeland Security and Governmental Af- f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 IN ASSESSMENTS —Each 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 8 1 fairs of the Senate each national risk assessment re- 2 quired under paragraph 1 and integrated national 3 risk assessment required under paragraph 2 not 4 later than 30 days after the completion of each such 5 assessment 6 ‘‘ f METHODOLOGY —In developing each national 7 risk assessment required under subsection f 1 and inte8 grated national risk assessment required under subsection 9 g 2 the Director in consultation with the heads of rel10 evant Federal entities shall— 11 12 ‘‘ 1 assess the proposed methodology to be used for such assessments and 13 ‘‘ 2 consider the evolving threat to the United 14 States as indicated by the intelligence community 15 as such term is defined in section 3 4 of the Na- 16 tional Security Act of 1947 50 U S C 3003 4 17 ‘‘ g USAGE —The national risk assessments and in- 18 tegrated national risk assessments required under sub19 section f shall be used to inform and guide allocation 20 of resources for cybersecurity and critical infrastructure 21 protection activities of the Department 22 ‘‘ h INPUT AND SHARING —The Director shall for 23 each national risk assessment and integrated national risk 24 assessment required under subsection f — f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 9 1 ‘‘ 1 seek input from relevant Federal and non- 2 Federal entities involved in efforts to counter 3 threats 4 ‘‘ 2 ensure that written procedures are in place 5 to guide the development of such assessments in- 6 cluding for input review and implementation pur- 7 poses among relevant Federal entities 8 ‘‘ 3 share the classified versions of such assess- 9 ments with appropriate representatives from relevant 10 Federal and non-Federal entities with appropriate 11 security clearances and a need for such assessments 12 and 13 ‘‘ 4 to the maximum extent practicable make 14 available the unclassified versions of such assess- 15 ments to relevant Federal and non-Federal entities 16 for cybersecurity and critical infrastructure protec- 17 tion 18 ‘‘ i COMPOSITION —The Agency shall be composed 19 of the following divisions 20 21 ‘‘ 1 The Cybersecurity Division headed by a Principal Deputy Director 22 23 ‘‘ 2 The Infrastructure Protection Division headed by a Deputy Director 24 25 ‘‘ 3 The Emergency Communications Division under title XVIII headed by a Deputy Director f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 10 1 ‘‘ 4 The Federal Protective Service headed by 2 a Deputy Director 3 ‘‘ j CONTRACTING AUTHORITY — 4 ‘‘ 1 DEFINITION —In this subsection the term 5 ‘head of contracting activity’ means each official re- 6 sponsible for the creation management and over- 7 sight of a team of procurement professionals prop- 8 erly trained certified and warranted to accomplish 9 the acquisition of products and services on behalf of 10 the designated components offices and organiza- 11 tions of the Department and as authorized other 12 Federal Government entities 13 ‘‘ 2 APPLICATION —All procurement and con- 14 tracting activities for the Agency shall be performed 15 in accordance with the Federal Acquisition Regula- 16 tion the Department of Homeland Security Acquisi- 17 tion Policy and other applicable laws Federal regu- 18 lations and policies 19 ‘‘ 3 DELEGATED Secretary 20 acting through the Chief Procurement Officer of the 21 Department may delegate procurement and con- 22 tracting authority to the Agency head of contracting 23 activity as appropriate after— f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 AUTHORITY —The 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 11 1 ‘‘ A verifying that the head of contracting 2 activity has the training and experience to carry 3 out the authority to be delegated 4 ‘‘ B validating that Agency has identified 5 the personnel systems and resources to carry 6 out the authority to be delegated and 7 ‘‘ C providing Congress with a notification 8 of the delegation and attestations under para- 9 graphs 1 and 2 10 ‘‘ 4 PERFORMANCE 11 ‘‘ A IN GENERAL —The Chief Procure- 12 ment Officer shall provide input on the periodic 13 performance review of the Agency’s head of 14 contracting activity 15 ‘‘ B RULE OF CONSTRUCTION —None of 16 the authorities authorized in this subsection 17 shall prohibit the Chief Procurement Officer 18 from retaining contracting authority for the 19 Agency as warranted 20 ‘‘ 5 COMPLIANCE —The Agency shall comply 21 with Department policy prior to obligating funds 22 when using reimbursable work agreements or inter- 23 agency acquisitions with other Federal agencies or 24 Department components f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 REVIEW — 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 12 1 ‘‘ 4 DEPARTMENT later than 2 one year after any delegation pursuant to paragraph 3 3 the Director shall report to Congress on the ex- 4 ercise of procurement and contracting authority by 5 the head of contracting activity of the Agency and 6 the status of Agency major acquisition programs 7 cost schedule and performance 8 ‘‘ k STAFF — 9 ‘‘ 1 IN GENERAL —The Secretary shall provide 10 the Agency with a staff of analysts having appro- 11 priate expertise and experience to assist the Agency 12 in discharging its responsibilities under this section 13 ‘‘ 2 PRIVATE SECTOR ANALYSTS —Analysts 14 under this subsection may include analysts from the 15 private sector 16 ‘‘ 3 SECURITY CLEARANCES —Analysts under 17 this subsection shall possess security clearances ap- 18 propriate for their work under this section 19 ‘‘ l DETAIL OF PERSONNEL — 20 ‘‘ 1 IN GENERAL —In order to assist the 21 Agency in discharging its responsibilities under this 22 section personnel of the Federal agencies referred to 23 in paragraph 2 may be detailed to the Agency for 24 the performance of analytic functions and related 25 duties f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 REVIEW —Not 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 13 1 ‘‘ 2 AGENCIES 2 Federal agen- cies referred to in paragraph 1 are the following 3 ‘‘ A The Department of State 4 ‘‘ B The Central Intelligence Agency 5 ‘‘ C The Federal Bureau of Investigation 6 ‘‘ D The National Security Agency 7 ‘‘ E The National Geospatial-Intelligence 8 Agency 9 ‘‘ F The Defense Intelligence Agency 10 ‘‘ G Any other agency of the Federal Gov- 11 ernment that the President considers appro- 12 priate 13 ‘‘ 3 COOPERATIVE AGREEMENTS —The Sec- 14 retary and the head of the agency concerned under 15 this subsection may enter into cooperative agree- 16 ments for the purpose of detailing personnel under 17 this subsection 18 ‘‘ 4 BASIS —The detail of personnel under this 19 subsection may be on a reimbursable or non-reim- 20 bursable basis 21 ‘‘SEC 2203 CYBERSECURITY DIVISION 22 ‘‘ a ESTABLISHMENT — 23 24 ‘‘ 1 IN 15 55 Jun 03 2016 GENERAL —There is established in the Agency a Cybersecurity Division f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 SPECIFIED —The Jkt 000000 628733 14 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 14 1 ‘‘ 2 PRINCIPAL Cy- 2 bersecurity Division shall be headed by a Principal 3 Deputy Director of Cybersecurity in this subtitle re- 4 ferred to as the ‘Principal Deputy Director’ who 5 shall— 6 ‘‘ A be at the level of Assistant Secretary 7 within the Department and 8 ‘‘ B report to the Director 9 ‘‘ 3 REFERENCE — Any reference to the As- 10 sistant Secretary for Cybersecurity and Communica- 11 tions in any law regulation map document record 12 or other paper of the United States shall be deemed 13 to be a reference to Principal Deputy Director of 14 Cybersecurity 15 ‘‘ b FUNCTIONS —The Cybesecurity Division shall— 16 ‘‘ 1 lead the cybersecurity efforts of the Agen- 17 cy 18 ‘‘ 2 carry out— 19 ‘‘ A the Department’s activities related to 20 Federal information security and 21 ‘‘ B the functions of the national cyberse- 22 curity and communications integration center 23 under section 2209 24 ‘‘ 3 coordinate cybersecurity initiatives with 25 Federal and non-Federal entities for all activities re- f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 DEPUTY DIRECTOR —The 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 15 1 lating to stakeholder outreach engagement and 2 education including engagement and coordination 3 activities for cybersecurity initiatives carried out by 4 the National Protection and Programs Directorate 5 Office of Cybersecurity and Communications Stake- 6 holder Engagement and Cyber Infrastructure Resil- 7 ience division as of June 1 2015 8 ‘‘ 4 provide coordination and support to non- 9 Federal entities to reduce cybersecurity risks includ- 10 ing through voluntary partnerships 11 ‘‘ 4 conduct network and malicious code anal- 12 ysis for known and unknown cybersecurity threats 13 and 14 ‘‘ 5 in coordination with the Director carry 15 out the consultation coordination and collaboration 16 required under subsection d 4 of section 2202 17 ‘‘ c ADDITIONAL FUNCTIONS —In addition to the 18 responsibilities specified in subsection b the Principal 19 Deputy Director shall also— 20 ‘‘ 1 under section 201 carry out paragraphs 21 1 3 4 5 6 8 10 11 13 14 and 22 22 of subsection d of such section 23 ‘‘ 2 carry out comprehensive assessments of 24 the cybersecurity risks to critical infrastructure in- 25 cluding the performance of risk assessments to de- f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 16 1 termine the risks posed by particular types of ter- 2 rorist attacks within the United States including an 3 assessment of the probability of success of such at- 4 tacks and the feasibility and potential efficacy of 5 various countermeasures to such attacks 6 ‘‘ 3 recommend cybersecurity measures nec- 7 essary to protect critical infrastructure in coordina- 8 tion with other Federal entities and in cooperation 9 with non-Federal entities and 10 ‘‘ 4 ensure that any material received pursuant 11 to this title is protected from unauthorized disclo- 12 sure and handled and used only for the performance 13 of official duties 14 ‘‘SEC 2204 INFRASTRUCTURE PROTECTION DIVISION 15 ‘‘ a ESTABLISHMENT — 16 17 ‘‘ 1 IN is established in the Agency an Infrastructure Protection Division 18 ‘‘ 2 DEPUTY DIRECTOR —The Infrastructure 19 Protection Division shall be headed by a Deputy Di- 20 rector of Infrastructure Protection in this section 21 referred to as the ‘Deputy Director’ who shall re- 22 port to the Director 23 ‘‘ 3 REFERENCE —Any reference to the Assist- 24 ant Secretary for Infrastructure Protection in any 25 law regulation map document record or other f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 GENERAL —There 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 17 1 paper of the United States shall be deemed to be a 2 reference to Deputy Director of Infrastructure Pro- 3 tection 4 ‘‘ b FUNCTIONS —The Infrastructure Protection Di- 5 vision shall— 6 7 ‘‘ 1 lead the critical infrastructure protection efforts of the Agency 8 ‘‘ 2 gather and manage critical infrastructure 9 information and ensure that such information is 10 available to the leadership of the Department and 11 critical infrastructure owners and operators 12 ‘‘ 3 lead the efforts of the Department to se- 13 cure the United States’ high-risk chemical facilities 14 including the Chemical Facilities Anti-Terrorism 15 Standards established under title XXI 16 ‘‘ 4 provide coordination and support to non- 17 Federal entities to reduce risk to critical infrastruc- 18 ture from terrorist attack or natural disaster includ- 19 ing through voluntary partnerships 20 ‘‘ 5 operate stakeholder engagement mecha- 21 nisms for appropriate critical infrastructure sectors 22 except that such mechanisms may not duplicate any 23 engagement and coordination activities for cyberse- 24 curity initiatives carried out by the National Protec- 25 tion and Programs Directorate Office of Cybersecu- f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 18 1 rity and Communications Stakeholder Engagement 2 and Cyber Infrastructure Resilience division as of 3 June 1 2015 4 5 ‘‘ 6 administer the Coordinating Center established under subsection d 6 ‘‘ 7 in coordination with the Director carry 7 out the consultation and collaboration required 8 under subsection d 4 of section 2202 and 9 ‘‘ 8 carry out such other duties and powers as 10 prescribed by the Director 11 ‘‘ c ADDITIONAL FUNCTIONS —In addition to the 12 responsibilities specified in subsection b the Deputy Di13 rector shall also— 14 ‘‘ 1 under section 201 carry out paragraphs 15 1 3 4 5 6 8 10 11 13 14 and 16 22 subsection d of such section 17 ‘‘ 2 carry out comprehensive assessments of 18 the vulnerabilities of critical infrastructure including 19 the performance of risk assessments to determine 20 the risks posed by particular types of terrorist at- 21 tacks within the United States including an assess- 22 ment of the probability of success of such attacks 23 and the feasibility and potential efficacy of various 24 countermeasures to such attacks f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 19 1 ‘‘ 3 recommend measures necessary to protect 2 critical infrastructure in coordination with other 3 Federal entities and in cooperation with non-Federal 4 entities and 5 ‘‘ 4 ensure that any material received pursuant 6 to this title is protected from unauthorized disclo- 7 sure and handled and used only for the performance 8 of official duties 9 ‘‘ d COORDINATING CENTER —There shall be within 10 the Infrastructure Protection Division a National Infra11 structure Coordinating Center which shall be headed by 12 an Assistant Director and be co-located with the national 13 cybersecurity communications and integrated center estab14 lished under section 2209 The National Infrastructure 15 Coordinating Center shall— 16 17 ‘‘ 1 collect maintain and share critical infrastructure information 18 19 ‘‘ 2 evaluate critical infrastructure information for accuracy importance and implications 20 21 ‘‘ 3 provide recommendations to non-Federal entities and Department leadership 22 ‘‘ 4 advise the Secretary and the Director re- 23 garding actions required before and after a critical 24 infrastructure incident and f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 20 1 ‘‘ 5 carry out such other duties and powers as 2 prescribed by the Director ’’ 3 b TREATMENT OF CERTAIN POSITIONS — 4 1 UNDER individual serv- 5 ing as the Under Secretary appointed pursuant to 6 section 103 a 1 H of the Homeland Security Act 7 of 2002 6 U S C 113 a 1 of the Department of 8 Homeland Security on the day before the date of the 9 enactment of this Act may continue to serve as the 10 Director of the Cybersecurity and Infrastructure 11 Protection Agency of the Department on and after 12 such date 13 2 DIRECTOR FOR EMERGENCY COMMUNICA- 14 TIONS —The 15 Emergency Communications of the Department of 16 Homeland Security on the day before the date of the 17 enactment of this Act may continue to serve as the 18 Deputy Director of Emergency Communications of 19 the Department on and after such date 20 individual serving as the Director for 3 ASSISTANT SECRETARY FOR CYBERSECU- 21 RITY AND COMMUNICATIONS —The 22 ing as the Assistant Secretary for Cybersecurity and 23 Communications on the day before the date of the 24 enactment of this Act may continue to serve as the 25 Principal Deputy Director of Cybersecurity f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 SECRETARY —The 15 55 Jun 03 2016 Jkt 000000 individual serv- 628733 14 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 21 1 4 ASSISTANT SECRETARY FOR INFRASTRUC- 2 TURE PROTECTION — 3 Assistant Secretary for Infrastructure Protection on 4 the day before the date of the enactment of this Act 5 may continue to serve as the Deputy Director of In- 6 frastructure Protection 7 c OPERATIONAL COORDINATION —The Director of The individual serving as the 8 the Cybersecurity and Infrastructure Protection Agency of 9 the Department of Homeland Security shall provide in ac10 cordance with the deadlines specified in paragraphs 1 11 and 2 to the Committee on Homeland Security of the 12 House and the Committee on Homeland Security and Gov13 ernmental Affairs of the Senate information on the fol14 lowing 15 1 Not later than 90 days after the date of the 16 enactment of this Act the Agency’s mechanisms for 17 regular consultation and collaboration including in- 18 formation on composition including leadership 19 structure authorities frequency of meetings and 20 visibility within the Agency 21 2 Not later than one year after the date of 22 the enactment of this Act the activities of the Agen- 23 cy’s consultation and collaboration mechanisms and 24 how such mechanisms have impacted operational co- f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 22 1 ordination situational awareness and integration 2 across the Agency 3 d CONFORMING AMENDMENTS —The Homeland 4 Security Act of 2002 is amended— 5 1 in section 103 a 6 U S C 113 a — 6 A in paragraph 1 by amending sub- 7 paragraphs H and I to read as follows 8 ‘‘ H A Director of the Cybersecurity and In- 9 frastructure Protection Agency 10 ‘‘ I The Administrator of the Transportation 11 Security Administration ’’ and 12 B by amending paragraph 2 to read as 13 follows 14 15 ‘‘ 2 OTHER ASSISTANT SECRETARIES OFFI- CIALS — 16 ‘‘ A PRESIDENTIAL APPOINTMENTS —The De- 17 partment shall have the following officers appointed 18 by the President 19 ‘‘ i The Principal Deputy Director of the 20 Cybersecurity Division under section 2203 21 ‘‘ ii The Assistant Secretary of the Office 22 of Public Affairs 23 ‘‘ iii The Assistant Secretary of the Office 24 of Legislative Affairs f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 AND 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 23 1 ‘‘ B SECRETARIAL De- 2 partment shall have the following Assistant Secre- 3 taries appointed by the Secretary 4 ‘‘ i The Assistant Secretary for Inter- 5 national Affairs under section 602 6 ‘‘ ii The Assistant Secretary for Partner- 7 ship and Engagement under section 603 8 ‘‘ C LIMITATION 9 TIONS —No ON CREATION OF POSI- Assistant Secretary position may be cre- 10 ated in addition to the positions provided for by this 11 section unless such position is authorized by a stat- 12 ute enacted after the date of the enactment of the 13 Cybersecurity and Infrastructure Protection Agency 14 Act of 2016 ’’ 15 2 in title II 6 U S C 121 et seq — 16 A in the title heading by striking ‘‘AND INFRASTRUCTURE PROTECTION’’ 17 18 B in the subtitle A heading by striking 19 ‘‘and Infrastructure Protection Ac- 20 cess to Information’’ 21 C in section 201 6 U S C 121 — 22 i in the section heading by striking 23 ‘‘AND 24 TION’’ 25 15 55 Jun 03 2016 INFRASTRUCTURE PROTEC- ii in subsection a — f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 APPOINTMENTS —The Jkt 000000 628733 14 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 24 1 I in the heading by striking 2 ‘‘AND 3 TION’’ 4 PROTEC- and II by striking ‘‘and an Office of 5 Infrastructure Protection’’ 6 iii in subsection b — 7 I in the heading by striking 8 ‘‘AND ASSISTANT SECRETARY 9 FRASTRUCTURE 10 FOR IN- PROTECTION’’ and II by striking paragraph 3 11 iv in subsection c — 12 I by striking ‘‘and infrastruc- 13 ture protection’’ and 14 II by striking ‘‘or the Assistant 15 Secretary for Infrastructure Protec- 16 tion as appropriate’’ 17 v in subsection d — 18 I in the heading by striking 19 ‘‘AND 20 TION’’ INFRASTRUCTURE PROTEC- 21 II in the matter preceding 22 paragraph 1 by striking ‘‘and infra- 23 structure protection’’ 24 III by striking paragraphs 5 25 and 6 and redesignating paragraphs f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 INFRASTRUCTURE 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 25 1 7 through 25 as paragraphs 4 2 through 23 respectively and 3 IV by striking paragraph 23 4 as so redesignated 5 vi in subsection e 1 by striking 6 ‘‘and the Office of Infrastructure Protec- 7 tion’’ and 8 vii in subsection f 1 by striking 9 ‘‘and the Office of Infrastructure Protec- 10 tion’’ 11 D by redesignating sections 223 through 12 230 6 U S C 143-151 as sections 2205 13 through 2212 respectively and inserting such 14 redesignated sections after section 2204 as 15 added by this Act 16 E by redesignating section 210E 6 17 U S C 124 as section 2213 and inserting such 18 redesignated section after section 2212 19 F in subtitle B by redesignating sections 20 211 through 215 6 U S C 101 note through 21 134 as sections 2214 through 2218 respec- 22 tively and inserting such redesignated sections 23 including the subtitle B designation including 24 the enumerator and heading after section 25 2213 f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 26 1 3 in title XVIII 6 U S C 571 et seq — 2 A in section 1801 6 U S C 571 — 3 i in the section heading by striking 4 ‘‘OFFICE 5 NICATIONS’’ 6 COMMUNICATIONS DIVISION’’ 7 ii in subsection a — EMERGENCY COMMU- and inserting ‘‘EMERGENCY 8 I by striking ‘‘Office of Emer- 9 gency Communications’’ and inserting 10 ‘‘Emergency 11 sion’’ and Communications Divi- 12 II by adding at the end the fol- 13 lowing new sentence ‘‘The Division 14 shall be located in the Cybersecurity 15 and Infrastructure Protection Agen- 16 cy ’’ and 17 iii in subsection b — 18 I in the first sentence by strik- 19 ing ‘‘Director for’’ and inserting 20 ‘‘Deputy Director of’’ and 21 II in the second sentence by 22 striking ‘‘Assistant Secretary for Cy- 23 bersecurity and Communications’’ and 24 inserting ‘‘Director of the Cybersecu- f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 OF 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 27 1 rity and Infrastructure Protection 2 Agency’’ and 3 III in subsection e — 4 aa in the matter preceding 5 paragraph 1 by striking ‘‘Di- 6 rector for’’ and inserting ‘‘Dep- 7 uty Director of’’ 8 bb by redesignating para- 9 graphs 1 and 2 as paragraphs 10 2 and 3 respectively and 11 cc inserting before 12 paragraph 2 as so redesig- 13 nated the following new para- 14 graph 15 ‘‘ 1 with the Director of the Cybersecurity and 16 Infrastructure Protection Agency to carry out the 17 consultation and collaboration required under sub- 18 section d 4 of section 2202 ’’ 19 B in sections 1801 through 1805 6 20 U S C 575 by striking ‘‘Director for Emer- 21 gency Communications’’ each place it appears 22 and inserting ‘‘Deputy Director of Emergency 23 Communications’’ 24 C in section 1809 6 U S C 579 — f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 by 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 28 1 i by striking ‘‘Director for Emer- 2 gency Communications’’ each place it ap- 3 pears and inserting ‘‘Deputy Director of 4 Emergency Communications’’ and 5 ii by striking ‘‘Office of Emergency 6 Communications’’ each place it appears 7 and inserting ‘‘Emergency Communica- 8 tions Division’’ 9 D in section 1810 6 U S C 580 — 10 i by striking ‘‘Director’’ each place 11 it appears and inserting ‘‘Deputy Direc- 12 tor’’ 13 ii by striking ‘‘Office of Emergency 14 Communications’’ each place it appears 15 and inserting ‘‘Emergency Communica- 16 tions Division’’ and 17 iii in subsection a 1 by striking 18 ‘‘Director of the Office of Emergency Com- 19 munications referred to in this section as 20 the ‘Director’ ’’ and inserting ‘‘Deputy Di- 21 rector of the Emergency Communications 22 Division referred to in this section as the 23 ‘Deputy Director’ ’’ 24 4 in title XXI 6 U S C 621 et seq — 25 A in section 2101 6 U S C 621 — f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 29 1 i by redesignating paragraphs 4 2 through 14 as paragraphs 5 through 3 15 respectively 4 ii by inserting after paragraph 3 5 the following new paragraph 6 ‘‘ 4 the term ‘Director’ means the Director of 7 the Cybersecurity and Infrastructure Protection 8 Agency ’’ 9 iii by further redesignating para- 10 graphs 11 through 15 as redesignated 11 pursuant to clause i as paragraphs 12 12 through 16 and 13 iv by inserting after paragraph 10 14 as redesignated pursuant to clause i the 15 following new paragraph 16 17 ‘‘ 11 the term ‘Secretary’ means the Secretary acting through the Director ’’ 18 B in paragraph 1 of section 2102 a 6 19 U S C 622 a by inserting at the end the fol- 20 lowing new sentence ‘‘Such Programs shall be 21 located in the Cybersecurity and Infrastructure 22 Protection Agency ’’ and 23 C in paragraph 2 of section 2104 c 6 24 U S C 624 c by striking ‘‘Under Secretary 25 responsible for overseeing critical infrastructure f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 30 1 protection cybersecurity and other related pro- 2 grams of the Department appointed under sec- 3 tion 103 a 1 H ’’ and inserting ‘‘Director of 4 the Cybersecurity and Infrastructure Protection 5 Agency’’ and 6 5 in title XXII as added by this Act— 7 A in section 2205 as so redesignated in 8 the matter preceding paragraph 1 by striking 9 ‘‘Under Secretary appointed under section 10 103 a 1 H ’’ and inserting ‘‘Director of the 11 Cybersecurity and Infrastructure Protection 12 Agency’’ 13 B in section 2209 as so redesignated— 14 i by striking ‘‘Under Secretary ap- 15 pointed under section 103 a 1 H ’’ each 16 place it appears and inserting ‘‘Director of 17 the Cybersecurity and Infrastructure Pro- 18 tection Agency’’ 19 ii in subsection b by adding at the 20 end the following new sentences ‘‘The 21 Center shall be located in the Cybersecu- 22 rity and Infrastructure Protection Agency 23 The head of the Center shall be an As- 24 sistant Director of the Center who shall f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 31 1 report to the Principal Deputy Director for 2 Cybersecurity ’’ and 3 iii in subsection c by striking ‘‘Of- 4 fice of Emergency Communications’’ and 5 inserting ‘‘Emergency Communications Di- 6 vision’’ 7 C in section 2210 as so redesignated— 8 i by striking ‘‘section 227’’ each 9 place it appears and inserting ‘‘section 10 2209’’ and 11 ii in subsection c by striking 12 ‘‘Under Secretary appointed under section 13 103 a 1 H ’’ and inserting ‘‘Director of 14 the Cybersecurity and Infrastructure Pro- 15 tection Agency’’ 16 D in section 2211 as so redesignated by 17 striking ‘‘section 212 5 ’’ and inserting ‘‘section 18 2215 5 ’’ and 19 E in section 2212 as so redesignated in 20 subsection a — 21 i in paragraph 3 by striking ‘‘sec- 22 tion 228’’ and inserting ‘‘section 2210’’ 23 and 24 ii in paragraph 4 by striking ‘‘sec- 25 tion 227’’ and inserting ‘‘section 2209’’ f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 32 1 e CLERICAL AMENDMENT —The table of contents 2 in section 1 b of the Homeland Security Act of 2002 is 3 amended— 4 1 by striking the item relating to section 5 210E 6 2 by striking the items relating to section 211 7 through section 215 including the subtitle B des- 8 ignation including the enumerator and heading 9 3 by striking the items relating to section 223 10 through section 230 and 11 4 by adding at the end the following new 12 items ‘‘TITLE XXII—CYBERSECURITY AND INFRASTRUCTURE PROTECTION AGENCY ‘‘Subtitle A—Cybersecurity and Infrastructure Protection ‘‘Sec ‘‘Sec ‘‘Sec ‘‘Sec ‘‘Sec ‘‘Sec ‘‘Sec ‘‘Sec ‘‘Sec ‘‘Sec ‘‘Sec ‘‘Sec ‘‘Sec 2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 Definitions Cybersecurity and Infrastructure Protection Agency Cybersecurity Division Infrastructure Protection Division Enhancement of Federal and non-Federal cybersecurity Net guard Cyber Security Enhancement Act of 2002 Cybersecurity recruitment and retention National cybersecurity and communications integration center Cybersecurity plans Clearances Federal intrusion detection and prevention system National Asset Database ‘‘Subtitle B—Critical Infrastructure Information ‘‘Sec ‘‘Sec ‘‘Sec ‘‘Sec ‘‘Sec 2214 2215 2216 2217 2218 f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 15 55 Jun 03 2016 Jkt 000000 Short title Definitions Designation of critical infrastructure protection program Protection of voluntarily shared critical infrastructure information No private right of action ’’ 628733 14 PO 00000 Frm 00032 Fmt 6652 Sfmt 6211 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 33 1 SEC 3 ESTABLISHMENT OF THE OFFICE OF BIOMETRIC 2 IDENTITY MANAGEMENT 3 a IN GENERAL —Title VII of the Homeland Secu- 4 rity Act of 2002 6 U S C 341 et seq is amended by 5 adding at the end the following new section 6 ‘‘SEC 708 OFFICE OF BIOMETRIC IDENTITY MANAGEMENT 7 ‘‘ a ESTABLISHMENT —The Office of Biometric 8 Identity Management is established within the Depart9 ment 10 ‘‘ b DIRECTOR — 11 ‘‘ 1 IN Office of Biometric 12 Identity Management shall be administered by the 13 Director of the Office of Biometric Identity Manage- 14 ment in this section referred to as the ‘Director’ 15 who shall report to the Under Secretary for Manage- 16 ment or to another official of the Department as 17 the Under Secretary for Management may direct 18 19 ‘‘ 2 QUALIFICATIONS AND DUTIES —The Di- rector shall— 20 ‘‘ A have significant professional manage- 21 ment experience as well as experience in the 22 field of biometrics and identity management 23 ‘‘ B lead the Department’s biometric iden- 24 tity services to support anti-terrorism counter- 25 terrorism border security credentialing na- 26 tional security and public safety and enable f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 GENERAL —The 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 34 1 operational missions across the Department by 2 matching storing sharing and analyzing bio- 3 metric data 4 ‘‘ C deliver biometric identity information 5 and analysis capabilities to— 6 ‘‘ i the Department and its compo- 7 nents 8 ‘‘ ii appropriate Federal State local 9 territorial and tribal agencies 10 ‘‘ iii 11 foreign govern- ments and 12 ‘‘ iv appropriate private sector enti- 13 ties 14 ‘‘ D support the law enforcement public 15 safety national security and homeland security 16 missions of other Federal State local terri- 17 torial and tribal agencies as appropriate 18 ‘‘ E establish and manage the operation 19 and maintenance of the Department’s sole bio- 20 metric repository 21 ‘‘ F establish manage and operate Bio- 22 metric Support Centers to provide biometric 23 identification and verification analysis and serv- 24 ices to the Department appropriate Federal 25 State local territorial and tribal agencies ap- f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 appropriate 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 35 1 propriate foreign governments and appropriate 2 private sector entities 3 ‘‘ G in collaboration with the Undersecre- 4 tary for Science and Technology establish a 5 Department-wide research and development 6 program to support efforts in assessment devel- 7 opment and exploration of biometric advance- 8 ments and emerging technologies 9 ‘‘ H oversee Department-wide standards 10 for biometric conformity and work to make 11 such standards Government-wide 12 ‘‘ I in coordination with the Department’s 13 Office of Policy and in consultation with rel- 14 evant component offices and headquarters of- 15 fices enter into data sharing agreements with 16 appropriate Federal agencies to support immi- 17 gration law enforcement national security and 18 public safety missions 19 ‘‘ J maximize interoperability with other 20 Federal State local and international biomet- 21 ric systems as appropriate and 22 ‘‘ K carry out the duties and powers pre- 23 scribed by law or delegated by the Secretary 24 ‘‘ c DEPUTY DIRECTOR —There shall be in the Of- 25 fice of Biometric Identity Management a Deputy Director f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 36 1 who shall assist the Director in the management of the 2 Office 3 ‘‘ d CHIEF TECHNOLOGY OFFICER — 4 ‘‘ 1 IN shall be in the Office 5 of Biometric Identity Management a Chief Tech- 6 nology Officer 7 8 ‘‘ 2 DUTIES —The Chief Technology Officer shall— 9 ‘‘ A ensure compliance with policies proc- 10 esses standards guidelines and procedures re- 11 lated to information technology systems man- 12 agement enterprise architecture and data 13 management 14 ‘‘ B provide engineering and enterprise 15 architecture guidance and direction to the Of- 16 fice of Biometric Identity Management and 17 ‘‘ C leverage emerging biometric tech- 18 nologies to recommend improvements to major 19 enterprise applications identify tools to opti- 20 mize information technology systems perform- 21 ance and develop and promote joint technology 22 solutions to improve services to enhance mission 23 effectiveness 24 ‘‘ e OTHER AUTHORITIES — f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 GENERAL —There 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 37 1 ‘‘ 1 IN GENERAL —The Director may establish 2 such other offices within the Office of Biometric 3 Identity Management as the Director determines 4 necessary to carry out the missions duties func- 5 tions and authorities of the Office 6 ‘‘ 2 NOTIFICATION —If the Director exercises 7 the authority provided by paragraph 1 the Direc- 8 tor shall notify the Committee on Homeland Secu- 9 rity of the House of Representatives and the Com- 10 mittee on Homeland Security and Governmental Af- 11 fairs of the Senate not later than 30 days before ex- 12 ercising such authority ’’ 13 b TRANSFER LIMITATION —The Secretary of 14 Homeland Security may not transfer the location or re15 porting structure of the Office of Biometric Identity Man16 agement established by section 708 of the Homeland Se17 curity Act of 2002 as added by subsection a of this sec18 tion to any component of the Department of Homeland 19 Security 20 c CLERICAL AMENDMENT —The table of contents 21 in section 1 b of the Homeland Security Act of 2002 is 22 amended by adding after the item relating to section 707 23 the following new item ‘‘Sec 708 Office of Biometric Identity Management ’’ f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00037 Fmt 6652 Sfmt 6211 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1 F M14 MCCAUL MCCAUL_094 XML 38 1 SEC 4 RULE OF CONSTRUCTION 2 Nothing in this Act may be construed to confer new 3 authorities to the Secretary of Homeland Security includ4 ing programmatic and regulatory authorities outside of 5 the authorities that existed on the day before the date of 6 the enactment of this Act 7 SEC 5 PROHIBITION ON ADDITIONAL FUNDING 8 No additional funds are authorized to be appro- 9 priated to carry out this Act or the amendments made 10 by this Act f VHLC 060316 060316 169 xml June 3 2016 3 55 p m VerDate Nov 24 2008 15 55 Jun 03 2016 Jkt 000000 628733 14 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 C USERS MAECKS 1 APPDATA ROAMING SOFTQUAD XMETAL 7 0 GEN C MCCAUL 1