Department of Homeland Security Reform Act of 2020 or the DHS Reform Act of 2020
This bill makes extensive changes to the structure of the Department of Homeland Security (DHS) and to the responsbilities of DHS components.
Specifically, the bill, among other things
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8791 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8791
To amend the Homeland Security Act of 2002 to make certain reforms to
the Department of Homeland Security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 19, 2020
Mr. Thompson of Mississippi (for himself, Ms. Jackson Lee, Mr.
Langevin, Mr. Payne, Miss Rice of New York, Mr. Correa, Ms. Underwood,
Mr. Cleaver, Mr. Green of Texas, Ms. Clarke of New York, Ms. Titus,
Mrs. Watson Coleman, and Mrs. Demings) introduced the following bill;
which was referred to the Committee on Homeland Security, and in
addition to the Committees on Oversight and Reform, the Judiciary, and
Transportation and Infrastructure, 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 amend the Homeland Security Act of 2002 to make certain reforms to
the Department of Homeland Security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department of
Homeland Security Reform Act of 2020'' or the ``DHS Reform Act of
2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--HEADQUARTERS REFORMS
Subtitle A--Leadership Reforms
Sec. 101. Departmental leadership.
Sec. 102. Succession reforms.
Sec. 103. Resolution of intra-departmental disputes.
Sec. 104. Office of Strategy, Policy, and Plans.
Sec. 105. Office of Inspector General.
Sec. 106. Office of Public Affairs.
Sec. 107. Office of Legislative Affairs.
Sec. 108. Office of Partnership and Engagement.
Sec. 109. Chief Privacy Officer.
Sec. 110. Chief Financial Officer.
Sec. 111. Chief Information Officer.
Sec. 112. Chief Procurement Officer.
Sec. 113. Chief Security Officer.
Sec. 114. Chief Data Officer.
Sec. 115. Officer for Civil Rights and Civil Liberties.
Sec. 116. The Countering Weapons of Mass Destruction Office.
Sec. 117. Coordinator for unmanned aircraft systems countermeasures.
Sec. 118. Department of Homeland Security counterterrorism advisory
board.
Sec. 119. Department of Homeland Security leadership council.
Sec. 120. School security coordinating council.
Subtitle B--Workforce Reforms
Sec. 131. Chief human capital officer.
Sec. 132. Employee engagement steering committee and action plan.
Sec. 133. Annual employee award program.
Sec. 134. Department of Homeland Security rotation program.
Sec. 135. Homeland security rotational cybersecurity research program
at the Coast Guard Academy.
Sec. 136. Department of Homeland Security intelligence and
cybersecurity diversity fellowship program.
Sec. 137. Cyber talent management system reporting.
Sec. 138. Acquisition workforce.
Sec. 139. Acquisition professional career program.
Sec. 140. Security clearance management and administration.
Sec. 141. Fitness information transparency.
Sec. 142. Independent investigation of disciplinary outcomes.
Sec. 143. Rights for transportation security officers.
TITLE II--LAW ENFORCEMENT ACCOUNTABILITY REFORMS
Subtitle A--De-Escalation
Sec. 201. De-escalation, use of force, and body-worn camera policy.
Sec. 202. De-escalation training.
Sec. 203. Less lethal tactics assessment.
Sec. 204. Requests relating to department of homeland security
personnel or equipment.
Sec. 205. Best practices to reduce incidents of excessive or
unauthorized force.
Sec. 206. Department of Homeland Security component insignia required.
Sec. 207. FLETC advisory board.
Sec. 208. Department of Homeland Security support for the national
network of fusion centers.
Subtitle B--Securing of Firearms and Other Sensitive Assets
Sec. 221. Definitions.
Sec. 222. Inclusion of securing firearms and other sensitive assets in
responsibilities of Under Secretary for
Management.
Sec. 223. Management directive.
Sec. 224. Component responsibilities.
Sec. 225. Personal property asset management Inspector General review.
Subtitle C--Federal Law Enforcement Training Centers
Sec. 231. FLETC research and development.
Sec. 232. Reporting on basic training programs of the Department of
Homeland Security.
TITLE III--ACQUISITION REFORMS
Subtitle A--Authorities
Sec. 301. Definitions.
Sec. 302. Acquisition authorities for Office of Program Accountability
and Risk Management.
Sec. 303. Acquisition authorities for technical support offices.
Sec. 304. Acquisition authorities for Under Secretary for Management.
Sec. 305. Acquisition authorities for Under Secretary for Strategy,
Policy, and Plans.
Sec. 306. Acquisition authorities for Chief Information Officer.
Subtitle B--Requirements and Oversight
Sec. 321. Acquisition documentation.
Sec. 322. Acquisition review board.
Sec. 323. Suspension and debarment program.
Sec. 324. Requirements to buy certain items related to national
security interests according to certain
criteria.
Sec. 325. Prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Subtitle C--Acquisition Program Management Accountability and
Transparency
Sec. 331. Congressional notification for major acquisition programs.
Sec. 332. Acquisition reports.
TITLE IV--OTHER REFORMS
Sec. 401. Quadrennial homeland security review.
Sec. 402. Limitations regarding secretarial authorities associated with
the protection of public property.
Sec. 403. Biometric enterprise management.
Sec. 404. Enhanced departmental oversight of certain intelligence
matters.
Sec. 405. Privacy, civil rights, and civil liberties coordination
required.
Sec. 406. Department-wide social media policy.
Sec. 407. Propaganda prohibited.
Sec. 408. Limits on expenses for a swearing-in ceremony.
Sec. 409. Conflict of interest awareness and reporting.
Sec. 410. Mentor-protege program.
Sec. 411. Historically black colleges and universities (HBCUS) homeland
security partnerships.
Sec. 412. Children's technical expert.
Sec. 413. Modification of Secretary's reorganization authority.
Sec. 414. Definitions.
TITLE I--HEADQUARTERS REFORMS
Subtitle A--Leadership Reforms
SEC. 101. DEPARTMENTAL LEADERSHIP.
(a) In General.--Section 102 of the Homeland Security Act of 2002
(6 U.S.C. 112) is amended--
(1) in subsection (c), in the matter preceding paragraph
(1), by striking ``through the Office of State and Local
Coordination (established under section 801)'' and inserting
``through the Office of Partnership and Engagement''; and
(2) by adding at the end the following new subsection:
``(h) Headquarters.--
``(1) In general.--There is in the Department a
Headquarters.
``(2) Components.--The Headquarters shall include each of
the following:
``(A) The Office of the Secretary, which shall
include--
``(i) the Deputy Secretary;
``(ii) the Associate Secretary;
``(iii) the Chief of Staff; and
``(iv) the Executive Secretary.
``(B) The Management Directorate, including the
Office of the Chief Financial Officer, Federal
Protective Service, and Office of Biometric Identity
Management.
``(C) The Science and Technology Directorate.
``(D) The Office of Strategy, Policy, and Plans.
``(E) The Office of the General Counsel.
``(F) The Office of the Chief Privacy and FOIA
Officer.
``(G) The Office for Civil Rights and Civil
Liberties.
``(H) The Office of Operations Coordination.
``(I) The Office of Intelligence and Analysis.
``(J) The Office of Legislative Affairs.
``(K) The Office of Public Affairs.
``(L) The Office of the Inspector General.
``(M) The Office of the Citizenship and Immigration
Services Ombudsman.
``(N) The Countering Weapons of Mass Destruction
Office.
``(O) The Office of Partnership and Engagement.
``(P) The Ombudsman for Border and Immigration
Enforcement Related Concerns.''.
(b) Conforming Amendments.--Section 103(a) of the Homeland Security
Act of 2002 (6 U.S.C. 113(a)) is amended--
(1) in the subsection heading, by inserting ``; Assistant
Secretaries and Other Officers'' after ``Under Secretaries'';
(2) in paragraph (1)--
(A) by inserting after subparagraph (A) the
following subparagraph (B) and making conforming
changes:
``(B) An Associate Secretary of Homeland Security,
who shall be the Secretary's second assistant for
purposes of subchapter III of chapter 33 of title 5,
United States Code and shall, on behalf of the
Secretary, direct, authorize, and control U. S. Customs
and Border Protection, U.S. Immigration and Customs
Enforcement, United States Secret Service, and Federal
Protective Service, and, in consultation with the
Deputy Secretary, the law enforcement activities in
other Department components.''; and
(B) by amending subparagraph (I) to read as
follows:
``(I) An Administrator of the Transportation
Security Administration.'';
(3) by amending paragraph (2) to read as follows:
``(2) Appointments.--The following Assistant Secretaries
shall be appointed by the President or the Secretary, as the
case may be, without the advice and consent of the Senate:
``(A) Presidential appointments.--The Department
shall have the following positions appointed by the
President:
``(i) The Assistant Secretary for Public
Affairs.
``(ii) The Assistant Secretary for
Legislative Affairs.
``(iii) The Assistant Secretary for the
Countering Weapons of Mass Destruction Office.
``(iv) The Chief Medical Officer.
``(B) Secretarial appointments.--The Secretary
shall appoint an Assistant Secretary for Partnership
and Engagement and, within the Office of Strategy,
Policy and Plans, an Assistant Secretary for
International Affairs in addition to five assistant
secretaries with divided responsibility for the
following areas:
``(i) Strategy.
``(ii) Threat prevention, including
targeted violence.
``(iii) Integration.
``(iv) Border.
``(v) Immigration, including immigration
statistics.
``(vi) Cybersecurity and infrastructure
security.
``(vii) Screening and vetting, including
biometrics.
``(viii) Law enforcement.
``(ix) Foreign investment and trade.''; and
(4) by adding at the end the following new paragraphs:
``(3) Limitation on establishment of assistant secretary
positions.--No Assistant Secretary position may be established
in addition to the positions provided for by this section
unless such position is authorized by a statute enacted after
the date of the enactment of this paragraph.
``(4) Under secretary for management.--The Under Secretary
for Management shall serve a five-year term.''.
SEC. 102. SUCCESSION REFORMS.
Amend section 103(g) of the Homeland Security Act as follows:
(1) In paragraph (1), strike ``neither the Secretary nor
Deputy Secretary is'' and insert ``the Secretary, Deputy
Secretary, and Associate Secretary are not''.
(2) In paragraph (2), insert ``(A)'' before ``such other
officers'' and strike and replace remaining text with the
following:
``(A) such other official of the Department in
further order of succession to serve as Acting
Secretary in a manner that requires such official to
have served in the Department for at least 90 days
prior to such designation in either the position of the
head of a component or in another position by and with
the advice and consent of the Senate, or in the event
that an official meeting this criteria is not
available, in a manner that requires such official to
have served for at least 90 days prior to such
designation in the Senior Executive Service within the
Department; and
``(B) such other official of the Department to
serve as the acting head of a component, in the event
that the head of a component vacates the position, in a
manner that requires such official to have served for
at least 90 days prior to such designation in the
Senior Executive Service.''.
SEC. 103. RESOLUTION OF INTRA-DEPARTMENTAL DISPUTES.
Insert at the end of section 103 of the Homeland Security Act the
following:
``(h) Intra-Departmental Disputes.--On behalf of the Secretary, the
Deputy Secretary shall have authority to resolve any intra-Departmental
disputes that may arise between two or more components where one
component is under the purview of the Associate Secretary. The
Associate Secretary may appeal a resolution issued by the Deputy
Secretary to the Secretary.''.
SEC. 104. OFFICE OF STRATEGY, POLICY, AND PLANS.
(a) In General.--Section 709 of the Homeland Security Act of 2002
(6 U.S.C. 349) is amended--
(1) in subsection (a), by adding at the end the following:
``The Office of Strategy, Policy, and Plans shall include an
Assistant Secretary for International Affairs and at least five
assistant secretaries within the Office of Strategy, Policy,
and Plans with divided responsibility for the following areas:
``(i) Strategy.
``(ii) Threat prevention, including
targeted violence.
``(iii) Integration.
``(iv) Border.
``(v) Immigration, including immigration
statistics.
``(vi) Cybersecurity and infrastructure
security.
``(vii) Screening and vetting, including
biometrics.
``(viii) Law enforcement.
``(ix) Foreign investment and trade.'';
(2) in subsection (c)(1), by inserting ``, including for
activities that cross multiple Department components'' before
the semicolon at the end;
(3) in subsection (c)(6), by inserting ``, including
feedback from organizations representing the needs of
children,'' after ``stakeholder feedback'';
(4) by redesignating subsections (e) through (g) as
subsections (f) through (h), respectively; and
(5) by inserting after subsection (d) the following new
subsection:
``(e) Assistant Secretary for International Affairs.--The Office of
International Affairs shall be led by an Assistant Secretary for
International Affairs. The Assistant Secretary shall--
``(1) coordinate international activities within the
Department, including activities carried out by the components
of the Department, in consultation with other Federal officials
with responsibility for counterterrorism and homeland security
matters;
``(2) advise, inform, and assist the Secretary with respect
to the development and implementation of the international
policy priorities of the Department, including strategic
priorities for the deployment of assets, including personnel,
outside the United States;
``(3) develop, in consultation with the Under Secretary for
Management, guidance for selecting, assigning, training, and
monitoring overseas deployments of Department personnel,
including minimum standards for pre-deployment training;
``(4) maintain awareness regarding the international travel
of senior officers of the Department and their intent to pursue
negotiations with foreign government officials, and review
resulting draft agreements;
``(5) coordinate with any Departmental official engaged in
negotiations with representatives of a foreign government
regarding an agreement and, as appropriate, support such
official in the negotiation of such agreement; and
``(6) perform such other functions as are established by
law or delegated by the Under Secretary for Strategy, Policy,
and Plans.''.
(b) Abolishment of Office of International Affairs.--
(1) In general.--The Office of International Affairs within
the Office of the Secretary of Homeland Security is abolished.
(2) Transfer of assets and personnel.--The functions
authorized to be performed by the office referred to in
paragraph (1) as of the day before the date of the enactment of
this Act, and the assets and personnel associated with such
functions, are transferred to the head of the Office of
International Affairs of the Office of Strategy, Policy, and
Plans of the Department of Homeland Security.
(3) Conforming amendment.--The Homeland Security Act of
2002 is amended by striking section 879 (6 U.S.C. 459).
(4) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 879.
(c) Homeland Security Advisory Council.--Section 102 of the
Homeland Security Act of 2002 (6 U.S.C. 112) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(4) shall establish a Homeland Security Advisory Council
that includes representatives with relevant homeland security
expertise or experience and not less than two representatives
with expertise or experience with respect to protecting privacy
and civil rights and civil liberties to provide advice and
recommendations on homeland security-related matters, including
advice with respect to the preparation of the Quadrennial
Homeland Security Review; and
``(5) shall provide to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate an annual
report that includes--
``(A) a list of the Homeland Security Advisory
Council's members and subcommittee assignments;
``(B) a summary of all recommendations made by the
Homeland Security Advisory Council, including by any
subcommittees; and
``(C) a description of any action the Department
has taken in response to such recommendations.'';
(2) by striking subsection (f);
(3) by redesignating subsection (g) as subsection (f); and
(4) by adding at the end the following new subsection:
``(g) Conflicts of Interest.--No member of the Homeland Security
Advisory Council established pursuant to subsection (b)(4) may
participate in developing any advice or recommendation regarding any
matter which directly benefits such member or pertains specifically to
any firm or organization with which such member has been associated at
any time during the immediately preceding three years.''.
(d) Conflicts of Interest Policy.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Homeland Security,
acting through the Under Secretary for Strategy, Policy, and Plans of
the Department of Homeland Security, shall issue a written policy to
members of the Homeland Security Advisory Committee regarding conflicts
of interests requirement set forth in subsection (g) of section 102 of
the Homeland Security Act of 2002, as amended by this section.
(e) Counterterrorism and Targeted Violence Strategy.--
(1) In general.--No later than 180 days of enactment of
this Act, the Under Secretary for Strategy, Policy, and Plans
of the Department of Homeland Security shall update or replace
the strategic framework to counter terrorism and targeted
violence, as issued by the Department in September 2019, and
associated implementation plans to ensure that the Department's
strategic framework and implementation plans--
(A) address the current threat environment for
domestic terrorism, international terrorism, targeted
violence, and emerging threats, including violent white
supremacist extremism; and
(B) specify how the Department's prevention and
preparedness activities address the threat environment.
(2) Reviews.--Starting two years after implementation of
paragraph (1), the Under Secretary shall carry out a review of
the Department's strategic framework and implementation plans
to counter terrorism and targeted violence and update or
replace such plans to ensure that such strategic frameworks and
plans address the current threat environment for domestic
terrorism, international terrorism, targeted violence, and
emerging threats, including violent white supremacist extremism
and specify how the Department's prevention and preparedness
activities address the threat environment.
(f) Activities Related to Children Report.--Not later than 1 year
after the date of the enactment of this Act and annually thereafter for
5 years, the Under Secretary for Strategy, Policy, and Plans of the
Department of Homeland Security 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 report
describing the efforts the Department has undertaken to review and
incorporate feedback from organizations representing the needs of
children into Department policy in accordance with paragraph (6) of
section 709(c) of the Homeland Security Act of 2002 (as amended by
section 2 of this Act), including information on the following:
(1) The designation of any individual responsible for
carrying out such paragraph (6).
(2) Any review, formal or informal, of Department policies,
programs, or activities to assess the suitability of such
policies, programs, or activities for children and where
feedback from organizations representing the needs of children
should be reviewed and incorporated.
(3) Any review, change, modification, or promulgation of
Department policies, programs, or activities to ensure that
such policies, programs, or activities are appropriate for
children.
(4) Coordination with organizations or experts outside the
Department pursuant to such paragraph (6) conducted to inform
any such review, change, modification, or promulgation of such
policies, programs, or activities.
(g) Definitions.--In this section, each of the terms ``functions'',
``assets'', and ``personnel'' has the meaning given each such term
under section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
SEC. 105. OFFICE OF INSPECTOR GENERAL.
(a) Transparency.--
(1) Publication of reports.--The Office of Inspector
General shall, in accordance with section 8M(b)(1) of the
Inspector General Act of 1978, provide to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate and publish on the Inspector General's website, the
following, irrespective of whether the record contains
recommendations or whether the Department concurs with included
recommendations--
(A) any report that substantiates an allegation of
whistleblower retaliation pursuant to the Whistleblower
Protection Act, Military Whistleblower Protection Act,
or Presidential Personnel Directive 19;
(B) any report that substantiates an allegation of
misconduct, waste, fraud, abuse, or violation of
Department policy against a member of the Senior
Executive Service or politically appointed official;
and
(C) any other programmatic report, review,
inspection or audit.
(2) Congressional reporting.--The semiannual report
transmitted to the appropriate congressional committees
pursuant to section 5(b) of the Inspector General Act of 1978
immediately following enactment of this Act, and each
subsequent semiannual report transmitted, shall be accompanied
by a list of ongoing programmatic audits or inspections that
includes, at a minimum, the following information:
(A) Description of each audit or inspection,
including the office(s) or component(s) under review.
(B) Source of each audit or inspection.
(C) Actual or proposed dates for--
(i) initiating each audit or inspection;
(ii) submitting a draft report to the
Department for review; and
(iii) publishing the final report to the
Inspector General's website pursuant to
subsection (b)(1).
(D) Explanation for any significant changes to the
description of an audit or inspection, including the
office(s) or component(s) under review, or a delay of
more than 30 days in the actual or proposed date for
submitting a draft report to the Department for review
or publishing the final report to the Inspector
General's website.
(b) Notification Regarding Misconduct Allegations.--The heads of
offices and components of the Department of Homeland Security shall
promptly notify the Inspector General of the Department of all
allegations of misconduct with respect to which the Inspector General
has investigative authority under the Inspector General Act of 1978.
The Inspector General may waive the notification requirement under this
subsection with respect to any category or subset of allegations of
misconduct.
(c) Rule of Construction.--Nothing in this section may be construed
as affecting the authority of the Secretary of Homeland Security under
subsection (a) of section 8I of the Inspector General Act of 1978 (5
U.S.C. App. 8I).
SEC. 106. OFFICE OF PUBLIC AFFAIRS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Under Secretary for Management of the
Department of Homeland Security, in coordination with the Assistant
Secretary for Public Affairs of the Department and the General Counsel
of the Department, shall--
(1) issue a code of conduct for all personnel involved in
the Department's public affairs operations and require
certifications of receipt of such code within 30 days of
receipt; and
(2) publish and disseminate a Department-wide management
directive and associated guidelines for internal review of all
public-facing materials to maximize the quality, objectivity,
utility, and integrity of information (including statistical
information) that includes information on when to engage with
the Office of General Counsel of the Department to execute--
(A) a legal sufficiency review; and
(B) a compliance review in accordance with section
515 of the Treasury and General Government
Appropriations Act for Fiscal Year 2001 (Public Law
106-554).
(b) Review.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the Department of
Homeland Security shall--
(1) 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 audit of the public
affairs offices throughout the Department that reviews
compliance with the requirements specified in subsection (a);
and
(2) issue, as appropriate, recommendations to the
Department of Homeland Security to improve the quality,
objectivity, utility, and integrity of public-facing materials
disseminated by the public affairs offices throughout the
Department.
SEC. 107. OFFICE OF LEGISLATIVE AFFAIRS.
Section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113), as
amended by this Act, is further amended by adding at the end the
following new subsection:
``(i) Assistant Secretary for Legislative Affairs.--The Assistant
Secretary for Legislative Affairs shall serve as the primary liaison to
Congress and shall maintain one internal reporting structure for
engaging with authorizing and appropriating congressional committees.
``(1) Limitation on deputy assistant secretary for
legislative affairs positions.--There shall be within the
Office of Legislative Affairs at the Department not more than
two, Deputy Assistant Secretary for Legislative Affairs
positions, one for each chamber of Congress.
``(2) Department reports.--
``(A) In general.--Notwithstanding any other
provision of law, any report that the Department or a
component of the Department is required to submit to
the Committee on Appropriations of the Senate or the
Committee on Appropriations of the House of
Representatives under any provision of law shall be
submitted concurrently to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives.
``(B) Applicability.--Subparagraph (A) shall apply
with respect to any report described in such
subparagraph that is submitted on or after the date of
enactment of this subsection.
``(C) Notice.--The Secretary shall notify, in
writing, the chairmen and ranking members of the
authorizing and appropriating congressional committees
of jurisdiction regarding policy memoranda, management
directives, and reprogramming notifications issued by
the Department.''.
SEC. 108. OFFICE OF PARTNERSHIP AND ENGAGEMENT.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), is amended by adding at the end the following new
section:
``SEC. 711. OFFICE OF PARTNERSHIP AND ENGAGEMENT.
``(a) In General.--There is an Office of Partnership and Engagement
in the Department headed by an Assistant Secretary for Partnership and
Engagement.
``(b) Duties of the Assistant Secretary.--The Assistant Secretary
for Partnership and Engagement shall--
``(1) lead the efforts of the Department to incorporate
external feedback from stakeholders into policy and strategic
planning efforts, as appropriate, in consultation with the
Office for Civil Rights and Civil Liberties of the Department;
``(2) develop an engagement strategy to ensure continuous
and collaborative communication with stakeholders that, among
other things, sets forth how the Department can use its
authorities to convene government and outside stakeholders and
how such interactions can support efforts to increase trust
between the Department and stakeholders and ensure timely
information sharing;
``(3) conduct the activities specified in section 2006(b);
``(4) advise the Secretary on the effects of the policies,
regulations, processes, and actions of the Department on the
private sector and create and foster strategic communications
with the private sector to enhance the primary mission of the
Department to protect the homeland;
``(5) facilitate relationships with academic institutions
and the private sector, including through the administration of
the Homeland Security Advisory Council;
``(6) facilitate relationships with State and local
governments and provide State and local governments with
regular information, research, and technical support to assist
local efforts at securing the homeland; and
``(7) perform such other functions as are established by
law or delegated by the Secretary.
``(c) Deputy Assistant Secretaries.--There shall be a Deputy
Assistant Secretary for State and Local Law Enforcement and a Deputy
Assistant Secretary for Private Sector Engagement within the Office of
Partnership and Engagement.''.
(b) Transfer of Functions, Assets, and Personnel of Office for
State and Local Law Enforcement.--The functions authorized to be
performed by the Office for State and Local Law Enforcement of the
Department of Homeland Security as of the day before the date of the
enactment of this Act, and the assets and personnel associated with
such functions, are transferred to the Office of Partnership and
Engagement under section 711 of the Homeland Security Act of 2002, as
added by this section.
(c) Annual Reports.--
(1) In general.--For each of fiscal years 2021 through
2025, the Assistant Secretary for Partnership and Engagement of
the Department of Homeland Security shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate a report on the activities of the Office of
Partnership and Engagement of the Department. Each such report
shall include, for the fiscal year covered by such report, a
description of all programs, events, activities, and outreach
conducted by the following sub-offices and campaigns of the
Office:
(A) The Office of Intergovernmental Affairs.
(B) The Private Sector Office.
(C) The Loaned Executive Program.
(D) The Office of Academic Engagement.
(E) The Committee Management Office.
(F) The ``If You See Something, Say Something''
Public Awareness Campaign.
(G) The Blue Campaign.
(H) Faith Initiatives.
(2) State and local law enforcement report requirements.--
Section 2006(b) of the Homeland Security Act of 2002 (6 U.S.C.
607(b)) is amended--
(A) by redesignating paragraph (5) as paragraph
(6); and
(B) by inserting after paragraph (4) the following
new paragraph (5):
``(5) Annual report.--For each of fiscal years 2021 through
2025, the Deputy Assistant Secretary for State and Local Law
Enforcement shall submit to the Committee on Homeland Security
and the Committee on the Judiciary of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on the Judiciary of the
Senate a report on the Deputy Assistant Secretary's activities
for the period. Each such report shall include, for the fiscal
year covered by such report, a description of each of the
following:
``(A) Efforts to coordinate and share information
regarding Department and component agency programs with
State, local, and Tribal law enforcement agencies.
``(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.
``(C) The status of performance metrics to evaluate
the effectiveness of efforts to carry out
responsibilities specified in this subsection.
``(D) Any feedback from State, local, and Tribal
law enforcement agencies about the Office, including
the mechanisms utilized to collect such feedback.''.
(d) Annual Catalog on Department of Homeland Security Training,
Publications, Programs, and Services for State, Local, and Tribal Law
Enforcement Agencies.--Section 2006(b)(4) of the Homeland Security Act
of 2002 (6 U.S.C. 607(b)(4)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(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 such catalog, including by--
``(i) making such catalog available to
State, local, and Tribal law enforcement
agencies, including by posting such catalog on
the website of the Department and cooperating
with national organizations that represent such
agencies;
``(ii) making such catalog available
through the Homeland Security Information
Network; and
``(iii) submitting such catalog to the
Committee on Homeland Security and the
Committee on the Judiciary of the House of
Representatives and the Committee on Homeland
Security and Governmental Affairs and the
Committee on the Judiciary of the Senate.''.
(e) Abolishment of Office for State and Local Government
Coordination.--
(1) In general.--The Office for State and Local Government
Coordination of the Department of Homeland Security is
abolished.
(2) Transfer of functions and assets.--The functions
authorized to be performed by the Office for State and Local
Government Coordination of the Department of Homeland Security
on the day before the date of the enactment of this Act, and
the assets and personnel associated with such functions, are
transferred to the Assistant Secretary for Partnership and
Engagement of the Department under section 711 of the Homeland
Security Act of 2002, as added by this section.
(3) Conforming amendment.--The Homeland Security Act of
2002 is amended by striking section 801 (6 U.S.C. 631).
(4) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 801.
(f) Abolishment of Special Assistant to Secretary of Homeland
Security.--
(1) In general.--In accordance with the amendment made by
section 104(c)(2) of this Act (relating to striking subsection
(f) of section 102 of the Homeland Security Act of 2002), the
position of Special Assistant to the Secretary authorized by
such subsection (f) is abolished.
(2) Transfer of functions and assets.--The functions
authorized to be performed by the Special Assistant to the
Secretary referred to in paragraph (1) on the day before the
date of the enactment of this Act, and the assets and personnel
associated with such functions, are transferred to the
Assistant Secretary for Partnership and Engagement under
section 711 of the Homeland Security Act of 2002, as added by
this section.
(g) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 710 the following new item:
``Sec. 711. Office of Partnership and Engagement.''.
SEC. 109. CHIEF PRIVACY OFFICER.
Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``to be the Chief Privacy
Officer of the Department'' after ``in the
Department''; and
(ii) by striking ``to the Secretary, to
assume'' and inserting ``to the Secretary. Such
official shall have'';
(B) in paragraph (5)(B), by striking ``and'' at the
end;
(C) by striking paragraph (6); and
(D) by inserting after paragraph (5) the following
new paragraphs:
``(6) developing guidance to assist components of the
Department in developing privacy policies and practices;
``(7) establishing a mechanism to ensure such components
are in compliance with Federal, regulatory, statutory, and
Department privacy requirements, mandates, directives, and
policies;
``(8) working with the Chief Information Officer of the
Department to identify methods for managing and overseeing the
records, management policies, and procedures of the Department;
``(9) working with components and offices of the Department
to ensure that information sharing activities incorporate
privacy protections;
``(10) serving as the Chief FOIA Officer of the Department
for purposes of subsection (j) of section 552 of title 5,
United States Code (popularly known as the `Freedom of
Information Act'), to manage and process requests related to
such section;
``(11) developing guidance on procedures to be followed by
individuals making requests for information under section 552
of title 5, United States Code;
``(12) overseeing the management and processing of requests
for information under section 552 of title 5, United States
Code, within Department Headquarters and relevant Department
component offices;
``(13) providing component heads with input on the
management of their respective FOIA offices, including
recruiting and hiring component FOIA officers, budget
formulation, and organizational placement within each such
component;
``(14) issuing guidance to relevant Department component
offices to ensure compliance with unified disclosure,
processing, and training policies in accordance with section
552 of title 5, United States Code;
``(15) identifying and eliminating unnecessary and
duplicative actions taken by the Department in the course of
processing requests for information under section 552 of title
5, United States Code;
``(16) preparing an annual report to Congress that
includes--
``(A) a description of the activities of the
Department that affect privacy during the fiscal year
covered by each such report, including complaints of
privacy violations, implementation of section 552a of
title 5, United States Code (popularly known as the
`Privacy Act of 1974'), internal controls, and other
matters; and
``(B) the number of new technology programs
implemented in the Department during the fiscal year
covered by each such report, the number of such
programs that the Chief Privacy Officer has evaluated
to ensure that privacy protections are considered and
implemented, the number of such programs that
effectively implemented privacy protections into new
technology programs, and an explanation of why any new
programs did not effectively implement privacy
protections;
``(17) coordinate with the Under Secretary for Intelligence
and Analysis to--
``(A) ensure that any intelligence information
under this Act is, to the extent practicable, shared,
retained, and disseminated in a manner consistent with
the protection of the privacy rights; and
``(B) provide training to intelligence personnel on
privacy rights, regulations, and information practices
as specified in section 552a of title 5, United States
Code (commonly referred to as the `Privacy Act of
1974') and other relevant laws, with a focus on
personnel who have authority to disseminate information
analyzed by the Department pursuant to paragraph (6) of
section 201(d) or the responsibility to review
information to be disseminated pursuant to paragraph
(6) of 201(d); and
``(18) carrying out such other responsibilities as the
Secretary determines are appropriate, consistent with this
section.''; and
(2) by adding at the end the following new subsection:
``(f) Reassignment of Functions.--Notwithstanding subsection
(a)(10), the Secretary may reassign the functions related to managing
and processing requests for information under section 552 of title 5,
United States Code, to another official within the Department,
consistent with requirements of such section.
``(g) Privacy Working Group.--
``(1) In general.--The Chief Privacy Officer, or, if the
Secretary determines appropriate, whoever is designated by the
Secretary as the Chief FOIA Officer, shall establish and serve
as the Chair of a working group comprised of personnel from
across the Department who are involved in executing disclosure
policies and processes involved in administration of section
552 of title 5, United States Code (commonly referred to as the
`Freedom of Information Act') in furtherance of improving the
Department's timely compliance with such section 552.
``(2) Purpose.--The working group established in accordance
with paragraph (1) shall be a forum--
``(A) for the sharing of information and best
practices; and
``(B) to develop solutions to challenges relating
to disclosure policies and processes, referred to in
such paragraph, encountered within Department component
offices.
``(3) Responsibilities.--Members of the working group shall
meet not less than once every quarter to advise the Chair on
matters concerning disclosure policies and processes involved
in the administration of section 552 of title 5, United States
Code, including on the following matters:
``(A) The development of guidance for uniform
disclosure policies and processes, in accordance with
paragraph (14) of subsection (a).
``(B) Ways to reduce unnecessary redundancies that
may undermine the responsive and efficient processing
of requests for information under such section 552.''.
SEC. 110. CHIEF FINANCIAL OFFICER.
(a) In General.--Section 702 of the Homeland Security Act of 2002
(6 U.S.C. 342) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Responsibilities.--In carrying out the responsibilities,
authorities, and functions specified in section 902 of title 31, United
States Code, the Chief Financial Officer shall--
``(1) oversee Department budget formulation and execution;
``(2) lead and provide guidance on performance-based
budgeting practices for the Department to ensure that the
Department and its components are meeting missions and goals;
``(3) lead cost-estimating practices for the Department,
including the development of policies on cost estimating and
approval of life cycle cost estimates;
``(4) coordinate with the Office of Strategy, Policy, and
Plans to ensure that the development of the budget for the
Department is compatible with the long-term strategic plans,
priorities, and policies of the Secretary;
``(5) develop financial management policy for the
Department and oversee the implementation of such policy,
including the establishment of effective internal controls over
financial reporting systems and processes throughout the
Department;
``(6) provide guidance for and over financial system
modernization efforts throughout the Department;
``(7) lead the efforts of the Department related to
financial oversight, including identifying ways to streamline
and standardize business processes;
``(8) oversee the costs of acquisition programs and related
activities to ensure that actual and planned costs are in
accordance with budget estimates and are affordable, or can be
adequately funded, over the lifecycle of such programs and
activities;
``(9) implement fully by fiscal year 2022 a common
accounting structure to be used across the entire Department;
``(10) track, approve, oversee, and make public information
on expenditures by components of the Department for
conferences, as appropriate, including by requiring each
component to--
``(A) report to the Inspector General of the
Department, the Committee on Homeland Security of the
House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate the
expenditures by such component for each conference
hosted or attended by Department employees for which
the total expenditures of the Department exceed
$20,000, within 15 days after the date of the
conference; and
``(B) with respect to such expenditures, provide--
``(i) the information described in
subsections (a), (b), and (c) of section 739 of
title VII of division E of the Consolidated and
Further Continuing Appropriations Act, 2015
(Public Law 113-235); and
``(ii) documentation of such expenditures;
and
``(11) provide to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate any report delivered to
any other committee of the House of Representatives or Senate
regarding the financial functions of the Department.''.
(b) Rule of Construction.--Nothing in the amendment made by this
section may be construed as altering or amending the responsibilities,
authorities, and functions of the Chief Financial Officer of the
Department of Homeland Security under section 902 of title 31, United
States Code.
SEC. 111. CHIEF INFORMATION OFFICER.
(a) In General.--Section 703 of the Homeland Security Act of 2002
(6 U.S.C. 343) is amended--
(1) in subsection (a), by adding at the end the following
new sentence: ``In addition to the functions under section
3506(a)(2) of title 44, United States Code, the Chief
Information Officer shall perform the functions set forth in
this section and such other functions as may be assigned by the
Secretary.'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (a) the following new
subsections:
``(b) Responsibilities.--In addition to performing the functions
under section 3506 of title 44, United States Code, the Chief
Information Officer shall serve as the lead technical authority for
information technology programs of the Department and Department
components, and shall--
``(1) advise and assist the Secretary, heads of the
components of the Department, and other senior officers in
carrying out the responsibilities of the Department for all
activities relating to the budgets, programs, security, and
operations of the information technology functions of the
Department;
``(2) to the extent delegated by the Secretary, exercise
leadership and authority over Department information technology
management and establish the information technology priorities,
policies, processes, standards, guidelines, and procedures of
the Department to ensure interoperability and standardization
of information technology;
``(3) maintain a consolidated inventory of the mission
critical and mission essential information systems of the
Department, and develop and maintain contingency plans for
responding to a disruption in the operation of any of such
information systems;
``(4) maintain the security, visibility, reliability,
integrity, and availability of data and information technology
of the Department;
``(5) establish and implement policies and procedures to
effectively monitor and manage vulnerabilities in the supply
chain for purchases of information technology, in consultation
with the Chief Procurement Officer of the Department;
``(6) review contracts and interagency agreements
associated with major information technology investments and
information technology investments that have had cost,
schedule, or performance challenges in the past;
``(7) assess the risk of all major information technology
investments and publicly report the risk rating to the Office
of Management and Budget; and
``(8) carry out any other responsibilities delegated by the
Secretary consistent with an effective information system
management function.
``(c) Strategic Plans.--In coordination with the Chief Financial
Officer, the Chief Information Officer shall develop an information
technology strategic plan every five years and report to the Committee
on Homeland Security and the Committee on Appropriations of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Appropriations of the Senate
on the extent to which--
``(1) the budget of the Department aligns with priorities
specified in the information technology strategic plan;
``(2) the information technology strategic plan informs the
budget process of the Department;
``(3) information technology priorities were or were not
funded and the reasons for not funding all priorities in a
given fiscal year;
``(4) the Department has identified and addressed skills
gaps needed to implement the information technology strategic
plan; and
``(5) unnecessary duplicate information technology within
and across the components of the Department has been
eliminated.''.
(b) Software Licensing.--
(1) Software inventory.--Not later than 180 days after the
date of the enactment of this Act and every two years
thereafter until 2024, the Chief Information Officer of the
Department of Homeland Security, in consultation with
Department component chief information officers, shall--
(A) conduct a Department-wide inventory of all
existing software licenses held by the Department,
including utilized and unutilized licenses;
(B) assess the needs of the Department and the
components of the Department for software licenses for
the subsequent two fiscal years;
(C) examine how the Department can achieve the
greatest possible economies of scale and cost savings
in the procurement of software licenses;
(D) determine in writing how the use of shared
cloud-computing services will impact the needs for
software licenses for the subsequent two fiscal years;
(E) establish plans and estimated costs for
eliminating unutilized software licenses for the
subsequent two fiscal years; and
(F) submit a copy of each inventory conducted under
subparagraph (A) and each written determination
conducted under subparagraph (D) to the Committee on
Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental
Affairs of the Senate.
(2) Plan to reduce software licenses.--If the Chief
Information Officer of the Department of Homeland Security
determines through the inventory conducted under paragraph (1)
that the number of software licenses held by the Department and
the components of the Department exceed the needs of the
Department, not later than 90 days after the date on which the
inventory is completed, the Secretary of Homeland Security
shall establish a plan for reducing the number of such software
licenses to meet the needs of the Department.
(c) Comptroller General Review.--Not later than fiscal year 2021,
the Comptroller General of the United States shall review the extent to
which the Chief Information Officer of the Department of Homeland
Security fulfilled all requirements established in this section and the
amendment made by this section.
(d) Completion of First Definition of Capabilities.--Not later than
one year after the date of the enactment of this Act, the Chief
Information Officer of the Department of Homeland Security shall
complete the first information technology strategic plan required under
subsection (c) of section 701 of the Homeland Security Act of 2002, as
added by subsection (a) of this section.
SEC. 112. CHIEF PROCUREMENT OFFICER.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 712. CHIEF PROCUREMENT OFFICER.
``(a) In General.--There is in the Department a Chief Procurement
Officer, who shall serve as a senior business advisor to agency
officials on procurement-related matters and report directly to the
Under Secretary for Management. The Chief Procurement Officer is the
senior procurement executive for purposes of subsection (c) of section
1702 of title 41, United States Code, and shall perform procurement
functions as specified in such subsection.
``(b) Responsibilities.--The Chief Procurement Officer shall--
``(1) delegate or retain contracting authority, as
appropriate;
``(2) issue procurement policies and oversee the heads of
contracting activity of the Department to ensure compliance
with such policies;
``(3) serve as the main liaison of the Department to
industry on procurement-related issues;
``(4) account for the integrity, performance, and oversight
of Department procurement and contracting functions;
``(5) ensure that procurement contracting strategies and
plans are consistent with the intent and direction of the
Acquisition Review Board;
``(6) oversee a centralized procurement workforce
certification and training program using, as appropriate,
existing best practices and contracting training opportunities
from the Federal Government, private sector, or universities
and colleges, including training on how best to identify
actions that warrant referrals for suspension or debarment;
``(7) provide input on the periodic performance reviews of
each head of contracting activity of the Department;
``(8) collect baseline data and use such data to establish
performance measures on the impact of strategic sourcing
initiatives on the private sector, including small businesses;
``(9) establish and implement policies and procedures to
effectively monitor and manage vulnerabilities in the supply
chain for all Department purchases;
``(10) ensure that a fair proportion of the value of
Federal contracts and subcontracts are awarded to small
businesses (in accordance with the procurement contract goals
under section 15(g) of the Small Business Act (15 U.S.C.
644(g))), maximize opportunities for small business
participation in such contracts, and ensure, to the extent
practicable, small businesses that achieve qualified vendor
status for security-related technologies are provided an
opportunity to compete for contracts for such technology;
``(11) conduct oversight of implementation of
administrative agreements to resolve suspension or debarment
proceedings; and
``(12) carry out any other procurement duties that the
Under Secretary for Management may designate.
``(c) Head of Contracting Activity Defined.--In this section, the
term `head of contracting activity' means an official responsible for
the establishment, management, and oversight of a team of procurement
professionals properly trained, certified, and warranted to accomplish
the acquisition of products and services on behalf of the designated
components, offices, and organizations of the Department, and as
authorized, other government entities.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 711, as added by this Act, the following new
item:
``Sec. 712. Chief Procurement Officer.''.
SEC. 113. CHIEF SECURITY OFFICER.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 713. CHIEF SECURITY OFFICER.
``(a) In General.--There is in the Department a Chief Security
Officer, who shall report directly to the Under Secretary for
Management.
``(b) Responsibilities.--The Chief Security Officer shall--
``(1) develop and implement the security policies,
programs, and standards of the Department, including as relates
to interoperable enterprise systems;
``(2) identify training and provide education to Department
personnel on security-related matters; and
``(3) provide support to Department components on security-
related matters.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by inserting after the item relating to
section 712, as added by this Act, the following new item:
``Sec. 713. Chief Security Officer.''.
SEC. 114. CHIEF DATA OFFICER.
Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343), as
amended by this Act, is further amended by adding at the end the
following new subsection:
``(f) Chief Data Officer.--
``(1) In general.--The Secretary, in consultation with the
Chief Information Officer, shall designate a career appointee
of the Department as the Chief Data Officer of the Department.
``(2) Qualifications.--The Chief Data Officer shall possess
demonstrated training and experience in the management,
governance, generation, collection, protection, analysis, use,
and sharing of data, including the protection and de-
identification of personally identifiable information.
``(3) Functions.--The Chief Data Officer shall be
responsible for the following:
``(A) Ensuring that the Department conforms with
data management best practices recognized across
industry and the Federal Government.
``(B) Coordinating the organization and integration
of data across the Department for improved
interoperability, analysis, and decision-making.
``(C) Reviewing the impact of the infrastructure of
the Department regarding data integrity and
interoperability.
``(D) Coordinating the release of data for public
use following appropriate privacy reviews within the
Department, as coordinated with the Chief Privacy
Officer.
``(E) Promoting the use of modern data systems to
improve Department operations.
``(F) Coordinating the storage of Department
records in accordance with the National Archives and
Records Administration's General Records Schedules.
``(G) Publishing guidance for revising record
schedule proposals which shall include guidelines for
keeping a written record of justification for such
revisions.
``(H) Overseeing, in consultation with the Chief
Privacy Officer of the Department, as appropriate, the
Department's compliance with the following
responsibilities:
``(i) Issuing guidelines ensuring and
maximizing the quality, objectivity, utility
and integrity of information (including
statistical information).
``(ii) Establishing administrative
mechanisms that allow affected persons to seek
and obtain correction of information maintained
and disseminated by relevant components of the
Department that does not comply with the
Department's guidelines.
``(iii) Reporting to the Director of the
Office of Management and Budget about the
number and nature of complaints received by
relevant components of the Department regarding
the accuracy of information disseminated and
how such complaints were handled by such
components.
``(I) Coordinating with appropriate officials of
the Department, including the Chief Privacy Officer,
component privacy officers, component Chief Data
Officers, and program managers, regarding the use of
data within their respective components and under their
authorities.
``(J) Serving as the liaison to other Federal
agencies and the Office of Management and Budget on
data and the best way to use existing Department data
for statistical purposes.
``(4) Component chief data officers.--The heads of each
operational component of the Department, in consultation with
the Chief Data Officer of the Department and the Chief
Information Officer of such component, shall designate a career
appointee from each such component as the Chief Data Officer of
such component. Each such component Chief Data Officer shall--
``(A) have the qualifications described under
paragraph (2); and
``(B) coordinate with and assist the Chief Data
Officer of the Department in the implementation of the
functions specified in subparagraphs (A) through (F) of
paragraph (3) for their respective component.
``(5) Reports.--Not later than 180 days after the date of
the enactment of this subsection and periodically thereafter as
necessary, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report on the implementation of this subsection,
including any concerns regarding such implementation.
``(6) Definition.--In this subsection, the term `career
appointee' has the meaning given such term in section 3132 of
title 5, United States Code.''.
SEC. 115. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
(a) In General.--Section 705 of the Homeland Security Act of 2002
(6 U.S.C. 345) is amended--
(1) in the section heading, by striking ``establishment
of''; and
(2) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) In General.--There is established within the Department an
Office for Civil Rights and Civil Liberties. The head of such Office is
the Officer for Civil Rights and Civil Liberties, who shall report
directly to the Secretary.
``(b) Responsibilities.--The Officer for Civil Rights and Civil
Liberties shall carry out the following responsibilities:
``(1) Oversee compliance with constitutional, statutory,
regulatory, policy, and other requirements relating to the
civil rights and civil liberties of individuals affected by the
programs and activities of the Department.
``(2) Integrate civil rights and civil liberties
protections into all programs and activities of the Department.
``(3) Conduct civil rights and civil liberties impact
assessments, as appropriate, including prior to the
implementation of new Department regulations, initiatives,
programs, or policies.
``(4) Conduct periodic reviews of policies, procedures, and
activities of the Department relating to civil rights and civil
liberties.
``(5) Provide policy advice, recommendations, and other
technical assistance relating to civil rights and civil
liberties to the Secretary and to heads of components,
directorates, and offices and other personnel within the
Department.
``(6) Review, assess, and investigate complaints, including
complaints filed by members of the public, and information
indicating possible abuses of civil rights or civil liberties
at the Department, unless the Inspector General of the
Department determines that any such complaint should be
investigated by the Inspector General.
``(7) Initiate reviews, investigations, and assessments of
the administration of the programs and activities by the
Department relating to civil rights and civil liberties, as the
Officer determines necessary.
``(8) Coordinate with the Privacy Officer to ensure that--
``(A) programs, policies, and procedures involving
civil rights, civil liberties, and privacy
considerations are addressed in an integrated and
comprehensive manner; and
``(B) Congress receives appropriate reports
regarding such programs, policies, and procedures.
``(9) Lead the equal employment opportunity programs of the
Department, including complaint management and adjudication,
workforce diversity, and promotion of the merit system
principles.
``(10) Make publicly available through accessible
communications channels, including the website of the
Department--
``(A) information on the responsibilities and
functions of, and how to contact, the Office;
``(B) summary of reports of investigations that
result in final recommendations that are issued by the
Officer upon completion of investigations carried out
pursuant to paragraph (6); and
``(C) summaries of impact assessments issued by the
Officer and carried out pursuant to paragraph (3) or
(7).
``(11) Engage with individuals and communities whose civil
rights and civil liberties may be affected by programs and
activities of the Department, including by informing such
individuals and communities about report and redress processes
and advising the Secretary and heads of components,
directorates, offices, and other personnel within the
Department of concerns raised by such individuals and
communities.
``(c) Coordination With Inspector General.--
``(1) Authority to investigate possible abuses.--The
Officer for Civil Rights and Civil Liberties may investigate
any matter referred to in paragraph (6) or (7) of subsection
(b) after fulfilling the coordination requirements under
paragraph (2) with respect to such matter.
``(2) Coordination requirements.--
``(A) Referral of matters to inspector general.--
Before initiating any investigation described under
paragraph (1), the Officer for Civil Rights and Civil
Liberties shall refer the matter and all related
complaints to the Inspector General of the Department.
``(B) Inspector general responsibilities.--
``(i) Determination and notification.--Not
later than 5 business days after the receipt of
a matter referred under subparagraph (A), the
Inspector General shall--
``(I) make a determination
regarding whether the Inspector General
intends to initiate an audit or
investigation of the matter referred
under subparagraph (A); and
``(II) notify the Officer of such
determination.
``(ii) Audits and investigations.--If the
Inspector General notifies the Officer for
Civil Rights and Civil Liberties that the
Inspector General intends to initiate an audit
or investigation, the Inspector General shall--
``(I) initiate such audit or
investigate by not later than 90 days
after providing such notification; or
``(II) not later than 3 days after
the end of the 90-day period specified
in subclause (I), notify the Officer
that such audit or investigation was
not initiated.
``(C) Provision of assistance.--At the request of
the Inspector General, the Officer for Civil Rights and
Civil Liberties may provide assistance to the Inspector
General on any investigation or audit initiated by the
Inspector General based on a referral under
subparagraph (A).
``(D) Investigation by officer.--The Officer for
Civil Rights and Civil Liberties may investigate a
matter referred to the Inspector General under
subparagraph (A) only if--
``(i) the Inspector General notifies the
Officer for Civil Rights and Civil Liberties
that the Inspector General does not intend to
initiate an audit or investigation relating to
that matter; or
``(ii) the Inspector General provides
notification under subparagraph (B)(ii)(II)
that an audit or investigation was not
initiated.
``(d) Transparency.--
``(1) Complaints.--In the case of a complaint made
concerning allegations of abuses of civil rights and civil
liberties under paragraph (6) of subsection (b), the Officer
for Civil Rights and Civil Liberties shall--
``(A) provide to the individual who made the
complaint notice of the receipt of such complaint
within 30 days of receiving the complaint; and
``(B) inform the complainant of the determination
of the Officer regarding the initiation of a review,
assessment, or investigation within the Office, a
referral to the Inspector General of the Department, or
any other action taken.
``(2) Investigations.--In the case of an investigation
initiated by the Officer pursuant to paragraph (6) or (7) of
subsection (b), upon the conclusion of the investigation, the
Officer shall produce a report on the investigation which--
``(A) shall include the findings and
recommendations of the Officer;
``(B) a summary of which shall be made publicly
available;
``(C) shall not include any personally identifiable
information related to any individual involved in such
investigation; and
``(D) may include a classified appendix, as the
Officer determines appropriate.
``(3) Submittal to heads of operational components.--The
Officer shall transmit a copy of each report produced under
paragraph (2) to the Secretary and to the relevant head of each
relevant operational component of the Department.
``(4) Reports to congress.--Upon the conclusion of any
investigation conducted by the Officer for Civil Rights and
Civil Liberties under paragraph (6) or (7) of subsection (b),
the Officer 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
investigation, which shall be prepared and submitted without
any prior comment or amendment by the Secretary, Deputy
Secretary, or any other officer or employee of the Department,
unless the Officer seeks such comment.
``(e) Component Civil Rights and Civil Liberties Officer.--The head
of each of the operational components of the Department shall designate
a career appointee (as such term is defined in section 3132 of title 5,
United States Code) from such component as the Officer for Civil Rights
and Civil Liberties of that component. The Officer for Civil Rights and
Civil Liberties of each such component shall coordinate with and
provide information to the Officer for Civil Rights and Civil Liberties
of the Department on matters related to civil rights and civil
liberties within the components.
``(f) Access to Information.--The Officer for Civil Rights and
Civil Liberties of the Department--
``(1) shall have access to all records, reports, audits,
reviews, documents, papers, recommendations, and other
materials available to the Department that relate to programs
and operations with respect to the responsibilities of the
Officer under subsection (b); and
``(2) may, to the extent the Officer determines necessary,
and subject to the approval of the Secretary--
``(A) issue a subpoena to require the production,
by any person other than a Federal agency, of all
information, documents, reports, answers, records,
accounts, papers, and other documentary evidence
necessary in the performance of the responsibilities of
the Officer under this section; and
``(B) administer to or take from any person an
oath, affirmation, or affidavit, whenever necessary in
the performance of the responsibilities of the Officer
under this section.
``(g) Annual Report.--Not later than March 31 of each year, the
Officer for Civil Rights and Civil Liberties of the Department shall
submit directly to the President, the President of the Senate, the
Speaker of the House of Representatives, and the appropriate committees
and subcommittees of Congress, a report on the implementation of this
section during the year preceding the year during which the report is
submitted. Each such report shall include, for the year covered by the
report--
``(1) any allegations of abuse described under subsection
(b)(6) and any actions by the Department or a component,
directorate, or office of the Department that the Officer
identifies as responsive to such allegations;
``(2) a list of Department programs and activities for
which civil rights and civil liberties impact assessments were
conducted, or policy advice, recommendations, or other
technical assistance was provided;
``(3) any recommendations issued by the Officer to the
Secretary or the head of a component, directorate, or office,
together with information on the status of the implementation
of such recommendations;
``(4) information on the diversity and equal employment
opportunity activities of the Department, including information
on complaint management and adjudication of equal employment
opportunity complaints and efforts to ensure compliance
throughout the Department with equal employment opportunity
requirements;
``(5) a description of any efforts to engage with
individuals and communities whose civil rights and civil
liberties may be affected by activities carried out by the
Department, including public meetings; and
``(6) information on total staffing for the Office of Civil
Rights and Civil Liberties, including--
``(A) the number of full-time, part-time and
contract support personnel; and
``(B) information on the number of employees whose
primary responsibilities include supporting the Officer
in carrying out paragraph (9) of subsection (b).''.
(b) Reporting to Congress.--Section 1062(f)(1)(A)(i) of the
National Security Intelligence Reform Act of 2004 (42 U.S.C. 2000ee-
1(f)(1)(A)(i)) is amended by inserting ``the Committee on Homeland
Security of the House of Representatives,'' after ``Affairs of the
Senate,''.
(c) Comptroller General Review.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on subsection (b)(11) of
section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345), as
amended by subsection (a).
(d) Clerical Amendment.--The item relating to section 705 in
section 1(b) of the Homeland Security Act of 2002 is amended to read as
follows:
``Sec. 705. Officer for Civil Rights and Civil Liberties.''.
SEC. 116. THE COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.
(a) Qualifications for the Assistant Secretary.--Section 1901(b) of
the Homeland Security Act is amended by inserting before the period at
the end the following: ``and shall have experience and expertise in
chemical, biological, radiological, or nuclear materials, devices or
agents and experience successfully leading a workforce that includes
scientists''.
(b) Workforce Morale and Retention.--Not later than 90 days after
enactment of this Act, the Assistant Secretary for Countering Weapons
of Mass Destruction, in coordination with the Chief Human Capital
Officer of the Department, shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a plan, that includes
metrics, for the Department to address morale and employee retention
challenges within the office.
(c) National Technical Nuclear Forensics Center.--Not later than
120 days after enactment of this Act, the Assistant Secretary for
Countering Weapons of Mass Destruction shall submit a report on
implementation of paragraphs (11) and (12) of section 1923(a) of the
Homeland Security Act.
(d) Notice of Delay.--Should the Secretary fail to comply with
provisions of subsection (g) of section 2 of Public Law 115-387 by the
deadline listed therein, the Secretary shall provide the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate with written
notice not later than one week following the deadline listed in
subsection (g), specifying the reasons for the failure, and comply with
the provisions of subsection (g) within two weeks of the delivery
deadline of said notice. Nothing in this section shall be construed to
limit, or otherwise affect the reporting required under subsection (g).
SEC. 117. COORDINATOR FOR UNMANNED AIRCRAFT SYSTEMS COUNTERMEASURES.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following new
section:
``SEC. 321. COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR.
``(a) Coordinator.--The Secretary shall designate an official of
the Department as the Countering Unmanned Aircraft Systems (UAS)
Coordinator (in this section referred to as the `Coordinator') to
coordinate with relevant Department offices and components, including
the Office for Civil Rights and Civil Liberties and the Privacy Office,
and other relevant Federal agencies, as appropriate, on the development
of policies and plans to counter threats associated with UAS, including
relating to the following:
``(1) Countering UAS that may be used in a terrorist
attack.
``(2) Promoting research and development of counter UAS
technologies.
``(3) Ensuring the dissemination of information and
guidance related to countering UAS threats.
``(4) Serving as the Department point of contact for
Federal, State, local, and Tribal law enforcement entities and
the private sector regarding the Department's activities
related to countering UAS.
``(5) Carrying out other related UAS activities, as
directed by the Secretary.
``(b) Coordination With Applicable Federal Laws.--The Coordinator
shall, in addition to other assigned duties, coordinate with relevant
Department offices and components and other relevant Federal agencies,
as appropriate, to ensure testing, evaluation, or deployment of a
system used to identify, assess, or defeat a UAS is carried out in
accordance with applicable Federal laws.
``(c) Coordination With Private Sector.--The Coordinator shall,
working with the Office of Partnership and Engagement and other
relevant Department offices and components, or other Federal agencies,
as appropriate, serve as the principal Department official responsible
for disseminating to the private sector information regarding any
opportunities for public-private collaboration on counter UAS
technology and other counter UAS technology information, particularly
information that may impact the development, testing, or lawful
utilization of counter UAS services or systems by the private
sector.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 320 the following new item:
``Sec. 321. Countering Unmanned Aircraft Systems Coordinator.''.
SEC. 118. DEPARTMENT OF HOMELAND SECURITY COUNTERTERRORISM ADVISORY
BOARD.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
following new section:
``SEC. 210H. DEPARTMENTAL COORDINATION ON COUNTERTERRORISM.
``(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 Department's counterterrorism mission and
functions, including counter-targeted violence.
``(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 4 years, as
appropriate.
``(c) Members.--
``(1) Chair.--The Secretary shall appoint the Associate
Secretary or other appropriate Departmental official to serve
as the chair of the board.
``(2) Additional members.--The Secretary shall appoint
additional members of the board from among the following:
``(A) The Transportation Security Administration.
``(B) United States Customs and Border Protection.
``(C) United States Immigration and Customs
Enforcement.
``(D) The Federal Emergency Management Agency.
``(E) The United States Coast Guard.
``(F) United States Citizenship and Immigration
Services.
``(G) The United States Secret Service.
``(H) The Cybersecurity and Infrastructure Security
Agency.
``(I) The Office of Operations Coordination.
``(J) The Office of the General Counsel.
``(K) The Office of Privacy.
``(L) The Office of Civil Rights and Civil
Liberties.
``(M) The Office of Intelligence and Analysis.
``(N) The Office of Strategy, Policy, and Plans.
``(O) The Science and Technology Directorate.
``(P) The Countering Weapons of Mass Destruction
Office.
``(Q) The Federal Protective Service.
``(R) Other Departmental offices and programs as
determined appropriate by the Secretary.
``(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.
``(e) Terrorism Alerts.--The board shall advise the Secretary on
the issuance of terrorism alerts pursuant to section 203 of this
Act.''.
(b) Transnational White Supremacism Extremism Report.--
(1) In general.--Not later than 180 days after enactment of
this Act, the chair 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 current efforts and future plans to combat violence
in the United States and against United States persons and
interests abroad associated with foreign white supremacist
extremist organizations.
(2) Classification.--The report required under paragraph
(1) 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.
(c) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section
210G the following new item:
``Sec. 210H. Departmental coordination on counterterrorism.''.
(d) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on the status
and activities of the board established under section 210H of the
Homeland Security Act of 2002, as added by subsection (a).
SEC. 119. DEPARTMENT OF HOMELAND SECURITY LEADERSHIP COUNCIL.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 is amended by adding at the end the following new section:
``SEC. 890B. DEPARTMENT LEADERSHIP COUNCIL.
``(a) Department Leadership Council.--
``(1) Establishment.--The Secretary may establish a
Department leadership council as the Secretary determines
necessary to ensure coordination and improve programs and
activities of the Department.
``(2) Function.--A Department leadership council shall--
``(A) serve as a forum for coordination and
information sharing;
``(B) advise the Secretary, Deputy Secretary, and
Associate Secretary on Department strategy, operations,
and guidance; and
``(C) consider and report on such other matters as
the Secretary, Deputy Secretary, or Associate Secretary
may direct.
``(3) Relationship to other forums.--The Secretary, Deputy
Secretary, or Associate Secretary may delegate the authority to
direct the implementation of any decision or guidance resulting
from the action of a Department leadership council to any
office, component, coordinator, or other senior official of the
Department.
``(b) Joint Requirements Council.--
``(1) Definition of joint requirement.--In this subsection,
the term `joint requirement' means a condition or need of more
than one operating components of the Department that is
required to be met or possessed by a system, product, or
service to satisfy an operational mission.
``(2) Establishment.--The Secretary shall establish within
the Department a Joint Requirements Council.
``(3) Mission.--In addition to other matters assigned to
the Joint Requirements Council by the Secretary, Deputy
Secretary, or the Associate Secretary, the Joint Requirements
Council shall--
``(A) develop Department-wide policies for
identifying, validating, and prioritizing capability
gaps and requirements that reduce duplication and
increase opportunities for efficiencies in meeting
mission needs of the Department;
``(B) assess and validate proposed capability gaps
and requirements for all acquisition programs, to
ensure alignment with the Department's strategic goals,
and that requirements are well-defined, measurable,
achievable, and cost-informed;
``(C) implement portfolio reviews to identify
common capability gaps or mission needs among
components to harmonize investments and prevent
unnecessary overlap and duplication among components;
and
``(D) assist with developing joint requirements for
any common capability gaps or mission needs identified
under subparagraph (C);
``(E) prioritize new and existing requirements
identified under subparagraphs (B) and (D) to make
recommendations to the Secretary, Deputy Secretary, or
Associate Secretary as a part of the Department's
annual budget development process;
``(F) track any changes to existing requirements,
including the reasons for the changes, to identify
opportunities to improve the requirements generation
process across the Department; and
``(G) provide technical support and assistance to
components, including reviewing component-level
policies for identifying, validating, and prioritizing
capability gaps and requirements to ensure alignment
with the Department-wide policies established under
subparagraph (A).
``(4) Composition.--
``(A) Chairperson.--The Secretary shall appoint a
chairperson of the Joint Requirements Council, for a
term of not more than 4 years, from among senior
officials from components of the Department or other
senior officials as designated by the Secretary.
``(B) Participation.--The Secretary shall ensure
participation of relevant senior officials representing
components of the Department and other senior officials
as designated by the Secretary.
``(C) Administration.--The Secretary shall
designate a full-time employee of the Department to
serve as the executive secretariat of the Council.
``(5) Relationship to future years homeland security
program.--The Secretary shall ensure that the Future Years
Homeland Security Program required under section 874 is
consistent with any recommendations of the Joint Requirements
Council required under paragraph (3)(E), as affirmed by the
Secretary.
``(6) Annual report.--Within one year of the date of
enactment of this Act, and each year thereafter, the Chair of
the Joint Requirements Council shall submit a report to the
congressional homeland security committees (as such term is
defined in section 830) summarizing the activities of the
Council during the preceding fiscal year. The report shall
include a list of documents validated by the Council that
identifies, at a minimum, the following details:
``(A) The type of document.
``(B) The relevant components.
``(C) The document version, if previously
validated, and reason for review or revision.
``(D) The dates of initial submission and final
validation.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 890A the following new item:
``Sec. 890B. Department leadership council.''.
SEC. 120. SCHOOL SECURITY COORDINATING COUNCIL.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 714. SCHOOL SECURITY COORDINATING COUNCIL.
``(a) Establishment.--There is established in the Department a
coordinating council to ensure that, to the maximum extent practicable,
activities, plans, and policies to enhance the security of an early
childhood education program, elementary school, high school, or
secondary schools against an act of terrorism are coordinated.
``(b) Composition.--The members of the council established pursuant
to subsection (a) shall include the following:
``(1) The Under Secretary for Strategy, Policy, and Plans.
``(2) The Director of the Cybersecurity and Infrastructure
Security.
``(3) The Administrator of the Federal Emergency Management
Agency.
``(4) The Director of the Secret Service.
``(5) The Executive Director of the Office of Academic
Engagement.
``(6) The Assistant Secretary for Public Affairs.
``(7) The Civil Rights and Civil Liberties Officer.
``(8) The Privacy Officer.
``(9) Any other official of the Department the Secretary
determines appropriate.
``(c) Leadership.--The Secretary shall designate a member of the
council to serve as chair of the council.
``(d) Reports.--Not later than 180 days after 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 a
report regarding the council's activities during the preceding year,
including information on any metrics regarding the efficacy of such
activities and any engagement with stakeholders outside of the Federal
Government.
``(e) Definitions.--In this section, the terms `early childhood
education program', `elementary school', `high school', and `secondary
school' have the meanings given such terms in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 714 the following new item:
``Sec. 714. School security coordinating council.''.
Subtitle B--Workforce Reforms
SEC. 131. CHIEF HUMAN CAPITAL OFFICER.
Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``, including with respect
to leadership development and employee
engagement,'' after ``policies'';
(ii) by striking ``and in line'' and
inserting ``, in line''; and
(iii) by inserting ``and informed by best
practices within the Federal Government and the
private sector,'' after ``priorities,'';
(B) in paragraph (2), by striking ``develop
performance measures to provide a basis for monitoring
and evaluating'' and inserting ``evaluate, on an
ongoing basis,'';
(C) in paragraph (3), by inserting ``that, to the
extent practicable, are informed by employee feedback''
after ``policies'';
(D) in paragraph (4), by inserting ``including
internship, leadership development, and employee
engagement programs,'' before ``in coordination'';
(E) in paragraph (5), by inserting before the
semicolon at the end the following: ``that is informed
by an assessment, carried out by the Chief Human
Capital Officer, of the learning and developmental
needs of employees in supervisory and non-supervisory
roles across the Department and appropriate workforce
planning initiatives'';
(F) by redesignating paragraphs (9) and (10) as
paragraphs (12) and (13), respectively; and
(G) by inserting after paragraph (8) the following
new paragraphs:
``(9) maintain a catalogue of available internship and
employee development opportunities, including the Homeland
Security Rotation Program pursuant to section 844, departmental
leadership development programs, interagency development
programs, and other rotational programs;
``(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;
``(11) analyze each Department or Government-wide Federal
workforce satisfaction or morale survey within 90 days of the
publication of any such survey and submit to the Secretary such
analysis and, as appropriate, any recommendations to improve
workforce satisfaction or morale within the Department;'';
(H) in paragraph (12), as so redesignated, by
striking ``and'' after the semicolon at the end;
(I) in paragraph (13), as so redesignated, by
striking the period at the end and inserting ``; and'';
and
(J) by adding at the end the following new
paragraph:
``(14) oversee the consolidation, integration, and
modernization of the Department's human capital information
technology infrastructure, including systems to manage employee
and contractor training records and employee performance
records.'';
(2) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively;
(3) by inserting after subsection (c) the following new
subsections:
``(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.
``(e) Internship Programs.--
``(1) In general.--In carrying out the responsibilities
identified in subsections (b)(4) and (b)(9), the Chief Human
Capital Officer shall, in coordination with all the components
of the Department--
``(A) regularly review the catalogue of internships
to ensure each program's purpose, structure, and
eligibility requirements align with Department and
component workforce strategies and to eliminate
unnecessary or duplicative programs;
``(B) maintain data on the number of participants,
including attrition and graduation rates, for each
internship program by fiscal year;
``(C) identify opportunities and mechanisms to
convert or hire internship participants that
satisfactorily complete program requirements to
permanent positions;
``(D) track the conversion or hiring rates of
internship participants to permanent positions within
the Department or components by program; and
``(E) share lessons learned and opportunities for
improving the management and administration of
internship programs within the Department and
components.
``(2) Definitions.--In this section, the term `internship'
means any program that provides temporary employment or work
experience to participants, including current students and
recent graduates.''; and
(4) in subsection (f), as so redesignated--
(A) by redesignating paragraphs (2), (3), and (4)
as paragraphs (6), (7), and (8), respectively; and
(B) by inserting after paragraph (1) the following
new paragraphs:
``(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;
``(3) information on the progress of Department-wide
strategic workforce planning efforts as determined under
paragraph (2) of subsection (b);
``(4) information on the activities of the employee
engagement steering committee established pursuant to section
715, including the number of meeting, types of materials
developed and distributed, and recommendations made to the
Secretary;
``(5) information on the implementation status of any
cybersecurity-focused personnel systems used to recruit,
retain, and manage mission critical cybersecurity talent
authorized pursuant to the Secretary's authority under section
2208;''.
SEC. 132. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND ACTION PLAN.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 715. EMPLOYEE ENGAGEMENT.
``(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:
``(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.
``(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.
``(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.
``(4) Advise the Secretary on efforts to improve employee
engagement, morale, and communications within specific
components and across the Department.
``(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.
``(b) Action Plan; Reporting.--The Secretary, acting through the
Chief Human Capital Officer, shall--
``(1) not later than 120 days after the date of the
establishment of the employee engagement steering committee
under subsection (a), issue a Department-wide employee
engagement action plan, reflecting input from the steering
committee 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
``(2) require the head of each component to--
``(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;
``(B) monitor progress on implementation of such
action plan; and
``(C) provide to the Chief Human Capital Officer
and the steering committee quarterly reports on actions
planned and progress made under this paragraph.
``(c) Termination.--This section shall terminate on the date that
is five years after the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item related to section 714, as added by this Act, the following new
item:
``Sec. 715. Employee engagement.''.
(c) Submissions to Congress.--
(1) Department-wide employee engagement action plan.--The
Secretary of Homeland Security, acting through the Chief Human
Capital Officer of the Department of Homeland Security, shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate the Department of Homeland
Security-wide employee engagement action plan required under
subsection (b)(1) of section 715 of the Homeland Security Act
of 2002 (as added by subsection (a) of this section) not later
than 30 days after the issuance of such plan.
(2) Component-specific employee engagement plans.--Each
head of a component of the Department of Homeland Security
shall submit to the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate the component-specific
employee engagement plan of each such component required under
subsection (b)(2) of section 715 of the Homeland Security Act
of 2002 (as added by subsection (a) of this section) not later
than 30 days after the issuance of each such plan.
SEC. 133. ANNUAL EMPLOYEE AWARD PROGRAM.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 716. ANNUAL EMPLOYEE AWARD PROGRAM.
``(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--
``(1) establish within such program categories of awards,
each with specific criteria, that emphasizes honoring employees
who are at the non-supervisory level;
``(2) publicize within the Department how any employee or
group of employees may be nominated for an award;
``(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;
``(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
``(5) publicize such program within the Department.
``(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.
``(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.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 715, as added by this Act, the following new
item:
``Sec. 716. Annual employee award program.''.
SEC. 134. DEPARTMENT OF HOMELAND SECURITY ROTATION PROGRAM.
(a) Enhancements to the Rotation Program.--Section 844 of the
Homeland Security Act of 2002 (6 U.S.C. 414) is amended--
(1) By striking ``(a) Establishment.--''
(2) by redesignating paragraphs (1) through (5) as
subsections (a) through (e), respectively, and adjusting the
margins accordingly;
(3) in subsection (a), as so redesignated, in the first
sentence--
(A) by striking ``Not later than 180 days after the
date of enactment of this section, the'' and inserting
``The''; and
(B) by striking ``for employees of the Department''
and inserting ``for certain personnel within the
Department'';
(4) in subsection (b), as so redesignated--
(A) by redesignating subparagraphs (A) through (G)
as paragraphs (3) through (9), respectively, and
adjusting the margins accordingly;
(B) by inserting before paragraph (3), as so
redesignated, the following new paragraphs:
``(1) seek to foster greater departmental integration and
unity of effort;
``(2) seek to help enhance the knowledge, skills, and
abilities of participating personnel with respect to the
programs, policies, and activities of the Department;'';
(C) in paragraph (4), as so redesignated, by
striking ``middle and senior level employees'' and
inserting ``personnel''; and
(D) in paragraph (7), as so redesignated, by
inserting before ``invigorate'' the following: ``seek
to improve morale and retention throughout the
Department and'';
(5) in subsection (c), as redesignated by paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and adjusting the
margins accordingly; and
(B) in paragraph (2), as so redesignated--
(i) by striking clause (iii); and
(ii) by redesignating clauses (i), (ii),
and (iv) through (viii) as subparagraphs (A)
through (G), respectively, and adjusting the
margins accordingly;
(6) by redesignating subsections (d) and (e), as
redesignated by paragraph (2), as subsections (e) and (f),
respectively;
(7) by inserting after subsection (c) the following new
subsection:
``(d) Administrative Matters.--In carrying out the Rotation Program
the Secretary shall--
``(1) before selecting employees for participation in the
Rotation Program, disseminate information broadly within the
Department about the availability of the Rotation Program,
qualifications for participation in the Rotation Program,
including a minimum length of full-time employment within the
employing component or office not less than one year, and the
general provisions of the Rotation Program;
``(2) require as a condition of participation in the
Rotation Program that an employee--
``(A) is nominated by the head of the component or
office employing the employee; and
``(B) is selected by the Secretary, or the
Secretary's designee, solely on the basis of relative
ability, knowledge, and skills, after fair and open
competition that assures that all candidates receive
equal opportunity;
``(3) ensure that each employee participating in the
Rotation Program shall be entitled to return, within a
reasonable period of time after the end of the period of
participation, to the position held by the employee, or a
corresponding or higher position, in the component or office
that employed the employee prior to the participation of the
employee in the Rotation Program;
``(4) require that the rights that would be available to
the employee if the employee were detailed from the employing
component or office to another Federal agency or office remain
available to the employee during the employee's participation
in the Rotation Program; and
``(5) require that, during the period of participation by
an employee in the Rotation Program, performance evaluations
for the employee shall be--
``(A) conducted by officials in the office or
component employing the employee with input from the
supervisors of the employee at the component or office
in which the employee is placed during such period; and
``(B) provided the same weight with respect to
promotions and other rewards as performance evaluations
for service in the office or component employing the
employee.''; and
(8) by adding at the end the following new subsection:
``(g) Intelligence Rotational Assignment Program.--
``(1) Establishment.--The Secretary shall establish an
Intelligence Rotational Assignment Program as part of the
Rotation Program under subsection (a).
``(2) Administration.--The Chief Human Capital Officer, in
conjunction with the Chief Intelligence Officer, shall
administer the Intelligence Rotational Assignment Program
established pursuant to paragraph (1).
``(3) Eligibility.--The Intelligence Rotational Assignment
Program established pursuant to paragraph (1) shall be open to
employees serving in existing analyst positions within the
Department's Intelligence Enterprise and other Department
employees as determined appropriate by the Chief Human Capital
Officer and the Chief Intelligence Officer.
``(4) Coordination.--The responsibilities specified in
subsection (c)(2) that apply to the Rotation Program under such
subsection shall, as applicable, also apply to the Intelligence
Rotational Assignment Program under this subsection.''.
(b) Congressional Notification and Oversight.--Not later than 120
days after the date of the enactment of this Act, the Secretary of
Homeland Security shall provide to the Committee on Homeland Security
and the Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate information about the status of the Homeland
Security Rotation Program authorized by section 844 of the Homeland
Security Act of 2002, as amended by subsection (a) of this section.
SEC. 135. HOMELAND SECURITY ROTATIONAL CYBERSECURITY RESEARCH PROGRAM
AT THE COAST GUARD ACADEMY.
(a) In General.--Subtitle E of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 411 et seq.) is amended by adding at the end the
following new section:
``SEC. 846. ROTATIONAL CYBERSECURITY RESEARCH PROGRAM.
``To enhance the Department's cybersecurity capacity, the Secretary
may establish a rotational research, development, and training program
to--
``(1) detail to the Cybersecurity and Infrastructure
Security Agency (including the national cybersecurity and
communications integration center authorized by section 2209)
Coast Guard Academy graduates and faculty; and
``(2) detail to the Coast Guard Academy, as faculty,
individuals with expertise and experience in cybersecurity who
are employed by--
``(A) the Cybersecurity and Infrastructure Security
Agency (including employees from the national
cybersecurity and communications integration center);
``(B) the Directorate of Science and Technology; or
``(C) an institution that has been designated by
the Department as a Center of Excellence for Cyber
Defense, or the equivalent.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the of the items relating to such
subtitle the following:
``Sec. 846. Rotational cybersecurity research program.''.
SEC. 136. DEPARTMENT OF HOMELAND SECURITY INTELLIGENCE AND
CYBERSECURITY DIVERSITY FELLOWSHIP PROGRAM.
(a) Program.--Subtitle D of title XIII of the Homeland Security Act
of 2002 (5 U.S.C. 3301 note et seq.) is amended by adding at the end
the following new section:
``SEC. 1333. INTELLIGENCE AND CYBERSECURITY DIVERSITY FELLOWSHIP
PROGRAM.
``(a) Program.--The Secretary shall carry out an intelligence and
cybersecurity diversity fellowship program (in this section referred to
as the `Program') under which an eligible individual may--
``(1) participate in a paid internship at the Department
that relates to intelligence, cybersecurity, or some
combination thereof;
``(2) receive tuition assistance from the Secretary; and
``(3) upon graduation from an institution of higher
education and successful completion of the Program, receive an
offer of employment to work in an intelligence or cybersecurity
position of the Department that is in the excepted service.
``(b) Eligibility.--To be eligible to participate in the Program,
an individual shall--
``(1) be a citizen of the United States; and
``(2) as of the date of submitting the application to
participate in the Program--
``(A) have a cumulative grade point average of at
least 3.2 on a 4.0 scale; and
``(B) be a sophomore, junior, or senior at--
``(i) a historically Black college or
university or a minority-serving institution;
or
``(ii) an institution of higher education
that is not a historically Black college or
university or a minority-serving institution
and be an active participant in a minority
serving organization of such institution.
``(c) Direct Hire Authority.--If an individual who receives an
offer of employment under subsection (a)(3) accepts such offer, the
Secretary shall appoint, without regard to provisions of subchapter I
of chapter 33 of title 5, United States Code (except for section 3328
of such title), such individual to the position specified in such
offer.
``(d) Reports.--
``(1) Reports.--Not later than 1 year after the date of the
enactment of this section, and on an annual basis thereafter,
the Secretary shall submit to the appropriate committees of
Congress a report on the Program.
``(2) Matters.--Each report under paragraph (1) shall
include, with respect to the most recent year, the following:
``(A) A description of outreach efforts by the
Secretary to raise awareness of the Program among
institutions of higher education in which eligible
individuals are enrolled.
``(B) Information on specific recruiting efforts
conducted by the Secretary to increase participation in
the Program.
``(C) The number of individuals participating in
the Program, listed by the institution of higher
education in which the individual is enrolled at the
time of participation, and information on the nature of
such participation, including on whether the duties of
the individual under the Program relate primarily to
intelligence or to cybersecurity.
``(D) The number of individuals who accepted an
offer of employment under the Program and an
identification of the element within the Department to
which each individual was appointed.
``(e) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Homeland Security and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
``(B) the Committee on Homeland Security and
Governmental Affairs and the Select Committee on
Intelligence of the Senate.
``(2) Excepted service.--The term `excepted service' has
the meaning given that term in section 2103 of title 5, United
States Code.
``(3) Historically black college or university.--The term
`historically Black college or university' has the meaning
given the term `part B institution' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(5) Minority-serving institution.--The term `minority-
serving institution' means an institution of higher education
described in section 371(a) of the Higher Education Act of 1965
(20 U.S.C. 1067q(a)).''.
(b) Clerical Amendments.--The table of contents for such Act is
amended by inserting after the item relating to section 1332 the
following new item:
``Sec. 1333. Intelligence and cybersecurity diversity fellowship
program.''.
SEC. 137. CYBER TALENT MANAGEMENT SYSTEM REPORTING.
Section 2208 of the Homeland Security Act of 2002 (6 U.S.C. 658) is
amended--
(1) in subsection (c)--
(A) by striking ``section'' and inserting ``Act'';
and
(B) by striking ``for 4 years''.
(2) in paragraph (2)(B), by inserting ``and performance
against those measures compared to the prior year'' after
``progress''; and
(3) in paragraph (4)--
(A) by redesignating paragraphs (A), (B), (C), (D),
(E), and (F) as paragraphs (B), (C), (D), (E), (F), and
(G), respectively; and
(B) by inserting after paragraph (4) the following
new paragraph:
``(A) the target number of qualified positions to
be filled by occupation and grade and level or pay
band;''.
SEC. 138. ACQUISITION WORKFORCE.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 717. ACQUISITION WORKFORCE.
``(a) Policies.--The Under Secretary for Management shall establish
policies and procedures for the effective management (including
accession, education, training, and career development) of persons
serving in the acquisition workforce within the Department and, to the
extent practicable, shall ensure such policies and procedures are
implemented uniformly throughout the Department.
``(b) Designation.--
``(1) Acquisition career fields.--The Under Secretary for
Management shall designate those career fields in the
Department that are acquisition related for the purposes of
this section. Such career fields shall include, at a minimum,
the following areas:
``(A) Program management.
``(B) Systems planning, development, and
engineering.
``(C) Test and evaluation.
``(D) Procurement, including contracting.
``(E) Life cycle logistics.
``(F) Information technology.
``(G) Cybersecurity.
``(H) Cost estimating and financial management.
``(I) Production, quality assurance, and
manufacturing.
``(J) Property management.
``(2) Critical positions.--The Under Secretary for
Management shall designate those positions within each career
field specified in paragraph (1) that are considered critical.
Such positions may only be filled by a properly qualified full-
time Government employee and, for each major acquisition
program (as such terms is defined in section 830), shall
include--
``(A) Program Manager;
``(B) Deputy Program Manager; and
``(C) any other position of significant
responsibility in an acquisition career field in which
the primary duties are supervisory or management
duties.
``(c) Career Paths.--
``(1) Requirements.--For each acquisition career field
designated under subsection (b), the Under Secretary for
Management shall establish:
``(A) Qualifications.--Education, training, and
experience requirements based on the level of
complexity of duties carried out in the position.
``(B) Certifications.--Identify course work and on-
the-job training requirements that demonstrate
qualifications at specified levels in each career
field.
``(2) Delegation.--The Under Secretary for Management shall
identify a lead office with subject matter expertise for each
career field to--
``(A) determine the qualification and certification
requirements required under paragraph (1) for each
specified level;
``(B) outline procedures and timeframes for
maintaining and renewing certifications;
``(C) regularly review certification requirements
to make updates, as needed, to keep pace with
advancements in each career field; and
``(D) disseminate information on qualification and
certification requirements, including any updates
pursuant to subparagraph (C), at least annually.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 716, as added by this Act, the following new
item:
``Sec. 717. Acquisition workforce.''.
(c) Workforce Plan.--Not later than one year after the enactment of
this Act, the Under Secretary for Management shall submit to the
congressional homeland security committees and the Comptroller General
of the United States an acquisition workforce plan.
(d) Contents.--The plan required under subsection (c) shall
include--
(1) a comparison of the number of needed and actual
positions in each career field of the Department's acquisition
workforce, including that filled by contractors, by component
and by certification level, as appropriate;
(2) a strategy for addressing any gaps identified in the
comparison pursuant to paragraph (1), including efforts to
recruit and train qualified individuals and a cost-benefit
analysis of filling positions with contractors or government
employees; and
(3) any risks or challenges the Department faces in
recruiting, training, or maintaining a qualified acquisition
workforce and strategies for mitigating those risks or
challenges.
(e) Consultation.--In developing the plan required under subsection
(c), the Under Secretary for Management may consult with headquarters,
components, employees in the field, and individuals from industry and
the academic community.
(f) Review.--Not later than one year after the plan required under
subsection (c) is submitted, the Comptroller General of the United
States shall conduct a review of the plan and submit a report of its
findings to the congressional homeland security committees. The review
shall include an assessment of the reliability of the workforce data
reported in the plan; an evaluation of the Department's strategy for
addressing any identified workforce gaps, risks, or challenges; and any
other recommendations for improving the Department's acquisition
workforce.
SEC. 139. ACQUISITION PROFESSIONAL CAREER PROGRAM.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is amended by adding at the end the following new
section:
``SEC. 718. ACQUISITION PROFESSIONAL CAREER PROGRAM.
``(a) Establishment.--There is established in the Department an
acquisition professional career program to develop a cadre of
acquisition professionals within the Department.
``(b) Administration.--The Under Secretary for Management shall
administer the acquisition professional career program established
pursuant to subsection (a).
``(c) Program Requirements.--The Under Secretary for Management
shall carry out the following with respect to the acquisition
professional career program:
``(1) Designate the occupational series, grades, and number
of acquisition positions throughout the Department to be
included in the program and manage centrally such positions.
``(2) Establish and publish on the Department's website
eligibility criteria for candidates to participate in the
program.
``(3) Carry out recruitment efforts to attract candidates--
``(A) from institutions of higher education,
including such institutions with established
acquisition specialties and courses of study,
historically Black colleges and universities, and
Hispanic-serving institutions;
``(B) with diverse work experience outside of the
Federal Government; or
``(C) with military service.
``(4) Hire eligible candidates for designated positions
under the program.
``(5) Develop a structured program comprised of acquisition
training, on-the-job experience, Department-wide rotations,
mentorship, shadowing, and other career development
opportunities for program participants.
``(6) Provide, beyond required training established for
program participants, additional specialized acquisition
training, including small business contracting and innovative
acquisition techniques training.
``(d) Reports.--Not later than 180 days after enactment of this
section, and annually thereafter for five years, the Secretary shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the acquisition professional career
program. Each such report shall include the following information:
``(1) The number of candidates approved for the program.
``(2) The number of candidates who commenced participation
in the program, including generalized information on such
candidates' backgrounds with respect to education and prior
work experience, but not including personally identifiable
information.
``(3) A breakdown of the number of participants hired under
the program by type of acquisition position.
``(4) A list of Department components and offices that
participated in the program and information regarding length of
time of each program participant in each rotation at such
components or offices.
``(5) Program attrition rates and post-program graduation
retention data, including information on how such data compare
to the prior year's data, as available.
``(6) The Department's recruiting efforts for the program.
``(7) The Department's efforts to promote retention of
program participants.
``(e) Definitions.--In this section:
``(1) Hispanic-serving institution.--The term `Hispanic-
serving institution' has the meaning given such term in section
502 of the Higher Education Act of 1965 (20 U.S.C. 1101a).
``(2) Historically black colleges and universities.--The
term `historically Black colleges and universities' has the
meaning given the term `part B institution' in section 322(2)
of Higher Education Act of 1965 (20 U.S.C. 1061(2)).
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 717 the following new item:
``Sec. 718. Acquisition professional career program.''.
SEC. 140. SECURITY CLEARANCE MANAGEMENT AND ADMINISTRATION.
(a) In General.--Title VII of the Homeland Security Act of 2002 is
amended--
(1) by inserting before section 701 (6 U.S.C. 341) the
following:
``Subtitle A--Headquarters Activities'';
and
(2) by adding at the end the following new subtitle: ``
``Subtitle B--Security Clearances
``SEC. 731. DESIGNATION OF NATIONAL SECURITY SENSITIVE AND PUBLIC TRUST
POSITIONS.
``(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 manner consistent with respect to all
components and offices of the Department, and consistent with Federal
guidelines.
``(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.
``SEC. 732. REVIEW OF POSITION DESIGNATIONS.
``(a) In General.--Not later than 120 days of enactment of this
section, 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.
``(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.
``(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--
``(1) require access to classified information;
``(2) no longer require access to classified information;
or
``(3) otherwise require a different level of access to
classified information.
``SEC. 733. AUDITS.
``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.
``SEC. 734. REPORTING.
``(a) In General.--The Secretary shall annually through fiscal year
2026 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 following:
``(1) The number of denials, suspensions, revocations, and
appeals of the eligibility for access to classified information
of an individual throughout the Department.
``(2) The date and status or disposition of each reported
action under paragraph (1).
``(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.
``(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.
``(5) In the case of a suspension in excess of 180 days, an
explanation for such duration.
``(b) Form.--Each 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.
``SEC. 735. UNIFORM ADJUDICATION, SUSPENSION, DENIAL, AND REVOCATION.
``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 and submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a plan to
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 plan shall consider the
following:
``(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.
``(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.
``SEC. 736. DATA PROTECTION.
``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.
``SEC. 737. REFERENCE.
``Except as otherwise provided, for purposes of this subtitle, any
reference to the `Department' includes all components and offices of
the Department.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 relating to the items relating to title VII is
amended--
(1) by inserting before the item relating to section 701
the following new item:
``Subtitle A--Headquarters Activities'';
and
(2) by inserting at the end the following new items:
``Subtitle B--Security Clearances
``Sec. 731. Designation of national security sensitive and public trust
positions.
``Sec. 732. Review of position designations.
``Sec. 733. Audits.
``Sec. 734. Reporting.
``Sec. 735. Uniform adjudication, suspension, denial, and revocation.
``Sec. 736. Data protection.
``Sec. 737. Reference.''.
SEC. 141. FITNESS INFORMATION TRANSPARENCY.
(a) Consolidation of Fitness Standards.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Homeland
Security, acting through the Chief Security Officer of the Department
of Homeland Security, shall--
(1) coordinate with the heads of components of the
Department to review and consolidate all Federal contractor
fitness standards used by the Department and its components in
order to issue a uniform set of fitness standards that reflect
public trust concerns which correspond to each position risk
level;
(2) require the Department and the heads of its components
to use such uniform fitness standards that correspond to the
relevant position risk level as the basis for fitness
determinations for a contractor employee; and
(3) publish such uniform fitness standards that correspond
to each such position risk level on the public website of the
Department and cause the same to be printed in the Federal
Register.
(b) Deviation From Uniform Fitness Standards.--The Secretary of
Homeland Security, acting through the Chief Security Officer of the
Department of Homeland Security, may authorize the Department or a
component of the Department to deviate from the uniform fitness
standards issued pursuant to subsection (a) on a position-by-position
basis if--
(1) the Secretary publishes in writing on the public
website of the Department and causes the same to be printed in
the Federal Register a certification that contains--
(A) a determination that such uniform fitness
standards are not sufficient to protect information,
systems, or facilities of the Department the
unauthorized disclosure of which or unauthorized access
to which could reasonably be expected to cause
substantial damage to the integrity and efficiency of
the Department; and
(B) a description of approved additional fitness
standards and a list to which positions such deviation
applies; or
(2) exigent circumstances created by a presidential
declaration of a major disaster issued pursuant to section 401
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) require such deviation to
mitigate staffing shortages for the duration of such
declaration.
(c) Reciprocity.--
(1) In general.--The Chief Security Officer of the
Department of Homeland Security shall implement a process to
ensure fitness determinations made by the Department are
uniformly accepted throughout the Department and its
components.
(2) Sufficiency.--The Secretary of Homeland Security,
acting through the Chief Security Officer of the Department of
Homeland Security, may, as appropriate, deem a favorably
adjudicated personnel security investigation sufficient to
satisfy a requirement to complete a contractor fitness
determination under this section.
(d) Fitness Adjudication Status Updates.--Not later than 1 year
after the date of the enactment of this Act, the Secretary of Homeland
Security, acting through the Chief Security Officer of the Department
of Homeland Security and in coordination with heads of the components
of the Department, shall implement a uniform process to--
(1) provide, not less frequently than monthly, contractor
representatives certified pursuant to subsection (e)(1) access
to information regarding the status of fitness determinations
for Department contractor employees relevant to such contractor
representatives; and
(2) collect each fiscal quarter data to allow the
Department and its components and contractor representatives to
assess average fitness investigation, adjudication, and
determination processing times for each component of the
Department, including information regarding the parameters used
to calculate each such average.
(e) Certification.--Before the implementation of the uniform
process described in subsection (d), the Secretary of Homeland
Security, acting through the Chief Security Officer of the Department
of Homeland Security, shall--
(1) certify that each contractor representative receiving
information from such process has received information
regarding practices relating to the adequate protection of
personally identifiable information and has acknowledged in
writing to adhere to such practices; and
(2) consult with the Director of the Office of Personnel
Management to ensure that such process is consistent with
current best practices across the Federal Government.
(f) Applicability of Section 44936 of Title 49, United States
Code.--No authority or policy created by or issued pursuant to this
section shall apply to employees or contractors of an air carrier,
foreign air carrier, or airport operator subject to employment
investigations pursuant to section 44936 of title 49, United States
Code.
(g) Reports to Congress.--Not later than 180 days after the
publication of uniform fitness standards described in subsection (a)
and annually thereafter for four years, the Secretary of Homeland
Security shall submit to the Committee on Homeland Security and the
Committee on Oversight and Reform of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report containing--
(1) the number of deviation requests under subsection (b)
made to the Chief Security Officer of the Department of
Homeland Security, including--
(A) the number of deviation requests approved and
the corresponding justification for each such deviation
from such fitness standards; and
(B) the number of deviation requests denied and the
corresponding justification for each such denial;
(2) information regarding the number and average duration
of Federal contractor fitness determinations for each component
of the Department;
(3) information regarding the use of programs or policies
that allow contractors to begin work prior to the completion of
a fitness determination;
(4) to the extent practicable, the number of individuals
who, during the preceding calendar year, received an
unfavorable fitness determination from the Department by reason
of an affiliation with or membership in an organization
dedicated to terrorism;
(5) to the extent practicable, the number of individuals
who, during the preceding calendar year, received a favorable
fitness determination from the Department despite an
affiliation with or membership in an organization dedicated to
terrorism;
(6) information regarding the degree to which fitness
determinations made by the Department and its components or
other Federal agencies are recognized on a reciprocal basis by
the Department and its components pursuant to subsection
(c)(1);
(7) information regarding the degree to which suitability
and fitness determinations for Federal applicants and
appointees made by the Department and its components or other
Federal agencies are recognized on a reciprocal basis by the
Department and its components; and
(8) information regarding the degree to which the
Secretary, acting through the Chief Security Officer of the
Department, uses the authority under subsection (c)(2).
(h) Suitability Status Updates.--Not later than 1 year after the
date of the enactment of this Act, the Chief Security Officer of the
Department of Homeland Security, in consultation with the Chief Human
Capital Officer of the Department, shall develop a plan to provide
Federal applicants and appointees with suitability and fitness
determination status updates similar to updates provided to contractor
representatives under subsection (d).
(i) Exigent Circumstances Fitness Determination Review.--The Chief
Security Officer of the Department of Homeland Security may conduct an
immediate review of a contractor employee's fitness determination when
a contractor employee has engaged in violent acts against individuals,
property, or public spaces based on the contractor employee's
association with persons or organizations that advocate, threaten, or
use force or violence, or any other illegal or unconstitutional means,
in an effort to prevent others from exercising their rights under the
Constitution or laws of the United States or of any State, based on
factors including, at a minimum, race, religion, national origin, or
disability.
(j) No Additional Funds Authorized.--No additional funds are
authorized to be appropriated to carry out this Act. This Act shall be
carried out using amounts otherwise appropriated.
(k) Definitions.--In this section:
(1) Contractor.--The term ``contractor'' has the meaning
given such term in section 7101 of title 41, United States
Code.
(2) Contractor employee.--The term ``contractor employee''
means an individual who performs work for or on behalf of any
Federal agency under a contract and who, in order to perform
the work specified under such contract, will require access to
facilities, information, information technology systems, staff,
or other assets of the Department of Homeland Security, and who
could, by the nature of the access or duties of such
individual, adversely affect the integrity or efficiency of the
Department. Such contracts include the following:
(A) Personal services contracts.
(B) Contracts between any non-Federal entity and
the Department.
(C) Sub-contracts between any non-Federal entity
and another non-Federal entity to perform work related
to the primary contract with the Department.
(3) Contractor representative.--The term ``contractor
representative'' means a person employed by a contractor who is
designated in writing by an authorized official of a contractor
as responsible for managing and communicating with the
Department of Homeland Security or its components on behalf of
such contractor on matters relating to fitness determinations,
and is certified pursuant to subsection (e)(1) regarding the
adequate protection of personally identifiable information.
(4) Excepted service.--The term ``excepted service'' has
the meaning given such term in section 2103 of title 5, United
States Code.
(5) Fitness.--The term ``fitness'' means the level of
character and conduct necessary for an individual to perform
work for or on behalf of a Federal agency in the excepted
service, other than a position subject to a suitability
determination or as a nonappropriated fund instrumentality
employee.
(6) Fitness determination.--The term ``fitness
determination'' means a decision by a Federal agency that an
individual does or does not have the required level of
character and conduct necessary to perform work for or on
behalf of a Federal agency in the excepted service, other than
a position subject to a suitability determination, as a
contractor employee, or as a nonappropriated fund
instrumentality employee.
(7) Information technology.--The term ``information
technology'' has the meaning given such term in section 11101
of title 40, United States Code.
(8) Nonappropriated fund instrumentality employee.--The
term ``nonappropriated fund instrumentality employee'' has the
meaning given such term in section 1587(a)(1) of title 10,
United States Code.
(9) Personnel security investigation.--The term ``personnel
security investigation'' has the meaning given such term in
subsection (a) of section 3001 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341).
(10) Suitability determination.--The term ``suitability
determination'' has the meaning given such term in section
731.101 of title 5, Code of Federal Regulations.
(11) Terrorism.--The term ``terrorism'' means any criminal
acts that involve violence or are dangerous to human life and
appear to be intended to intimidate or coerce a civilian
population to influence the policy of a government by
intimidation or coercion, or to affect the conduct of a
government by mass destruction, assassination, or kidnapping.
SEC. 142. INDEPENDENT INVESTIGATION OF DISCIPLINARY OUTCOMES.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall investigate whether the application in the Department of Homeland
Security of discipline and adverse actions are administered in an
equitable and consistent manner that results in the same or
substantially similar disciplinary outcomes across the Department for
misconduct by a non-supervisory or supervisor employee who engaged in
the same or substantially similar misconduct.
(b) Consultation.--In carrying out the investigation described in
subsection (a), the Comptroller General of the United States shall
consult with the employee engagement steering committee established
pursuant to subsection (b)(1) of section 713 of the Homeland Security
Act of 2002 (as added by this Act).
(c) Action by Under Secretary for Management.--Upon completion of
the investigation described in subsection (a), the Under Secretary for
Management of the Department of Homeland Security shall review the
findings and recommendations of such investigation and implement a
plan, in consultation with the employee engagement steering committee
established pursuant to subsection (b)(1) of section 713 of the
Homeland Security Act of 2002, to correct any relevant deficiencies
identified by the Comptroller General of the United States. The Under
Secretary for Management shall direct the employee engagement steering
committee to review such plan to inform committee activities and action
plans authorized under such section 713.
SEC. 143. RIGHTS FOR TRANSPORTATION SECURITY OFFICERS.
(a) Definitions.--For purposes of this section--
(1) the term ``adjusted basic pay'' means--
(A) the rate of pay fixed by law or administrative
action for the position held by a covered employee
before any deductions; and
(B) any regular, fixed supplemental payment for
non-overtime hours of work creditable as basic pay for
retirement purposes, including any applicable locality
payment and any special rate supplement;
(2) the term ``Administrator'' means the Administrator of
the Transportation Security Administration;
(3) the term ``covered employee'' means an employee who
holds a covered position;
(4) the term ``covered position'' means a position within
the Transportation Security Administration;
(5) the term ``conversion date'' means the date as of which
subparagraphs (A) through (D) of paragraph (3) of subsection
(b) take effect;
(6) the term ``2019 Determination'' means the publication,
entitled ``Determination on Transportation Security Officers
and Collective Bargaining'', issued on July 13, 2019, by
Administrator David P. Pekoske;
(7) the term ``employee'' has the meaning given such term
by section 2105 of title 5, United States Code;
(8) the term ``Secretary'' means the Secretary of Homeland
Security; and
(9) the term ``TSA personnel management system'' means any
personnel management system established or modified under--
(A) section 111(d) of the Aviation and
Transportation Security Act (49 U.S.C. 44935 note); or
(B) section 114(n) of title 49, United States Code.
(b) Conversion of TSA Personnel.--
(1) Restrictions on certain personnel authorities.--
Notwithstanding any other provision of law, effective as of the
date of the enactment of this Act--
(A) any TSA personnel management system in use for
covered employees and covered positions on the day
before such date of enactment, and any TSA personnel
management policy, letters, guideline, or directive in
effect on such day may not be modified;
(B) no TSA personnel management policy, letter,
guideline, or directive that was not established before
such date issued pursuant to section 111(d) of the
Aviation and Transportation Security Act (49 U.S.C.
44935 note) or section 114(n) of title 49, United
States Code, may be established; and
(C) any authority to establish or adjust a human
resources management system under chapter 97 of title
5, United States Code, shall terminate with respect to
covered employees and covered positions.
(2) Personnel authorities during transition period.--Any
TSA personnel management system in use for covered employees
and covered positions on the day before the date of enactment
of this Act and any TSA personnel management policy, letter,
guideline, or directive in effect on the day before the date of
enactment of this Act shall remain in effect until the
effective date under paragraph (3) of this subsection.
(3) Transition to general personnel management system
applicable to civil service employees.--Effective as of the
date determined by the Secretary, but in no event later than
180 days after the date of the enactment of this Act--
(A) each provision of law cited in paragraph (9) of
subsection (a) of this section is repealed;
(B) any TSA personnel management policy, letter,
guideline, and directive, including the 2019
Determination, shall cease to be effective;
(C) any human resources management system
established or adjusted under chapter 97 of title 5,
United States Code, with respect to covered employees
or covered positions shall cease to be effective; and
(D) covered employees and covered positions shall
be subject to the provisions of title 5, United States
Code.
(4) Safeguards on grievances.--In carrying out this Act,
the Secretary shall take such actions as are necessary to
provide an opportunity to each covered employee with a
grievance or disciplinary action (including an adverse action)
pending within TSA on the date of enactment of this Act or at
any time during the transition period described in paragraph
(3) of this subsection to have such grievance removed to
proceedings pursuant to title 5, United States Code, or
continued within TSA.
(c) Transition Rules.--
(1) Nonreduction in pay and compensation.--Under pay
conversion rules as the Secretary may prescribe to carry out
this Act, a covered employee converted from a TSA personnel
management system to the provisions of title 5, United States
Code, pursuant to paragraph (D) of subsection (b)(3) of this
section shall not be subject to any reduction in the rate of
adjusted basic pay payable, or total compensation provided, to
such covered employee.
(2) Preservation of other rights.--In the case of each
covered employee as of the conversion date, the Secretary shall
take any actions necessary to ensure that--
(A) any annual leave, sick leave, or other paid
leave accrued, accumulated, or otherwise available to a
covered employee immediately before the conversion date
shall remain available to the employee until used; and
(B) the Government share of any premiums or other
periodic charges under chapter 89 of title 5, United
States Code, governing group health insurance shall
remain at least the same as was the case immediately
before the conversion date.
(3) GAO study on tsa pay rates.--Not later than the date
that is 9 months after the date of enactment of this Act, the
Comptroller General shall submit a report to Congress on the
differences in rates of pay, classified by pay system, between
Transportation Security Administration employees--
(A) with duty stations in the contiguous 48 States;
and
(B) with duty stations outside of such States,
including those employees located in any territory or
possession of the United States.
(4) Rule of construction.--During the transition period and
after the conversion date, the Secretary shall ensure that the
Transportation Security Administration continues to prevent the
hiring of individuals who have been convicted of a sex crime,
an offense involving a minor, a crime of violence, or
terrorism.
(d) Consultation Requirement.--
(1) Exclusive representative.--The labor organization
certified by the Federal Labor Relations Authority on June 29,
2011, or successor labor organization shall be treated as the
exclusive representative of full- and part-time non-supervisory
TSA personnel carrying out screening functions under section
44901 of title 49, United States Code, and shall be the
exclusive representative for such personnel under chapter 71 of
title 5, United States Code, with full rights under such
chapter. Any collective bargaining agreement covering such
personnel on the date of enactment of this Act shall remain in
effect, consistent with paragraph (4).
(2) Consultation rights.--Not later than 7 days after the
date of the enactment of this Act, the Secretary shall consult
with the exclusive representative for the personnel described
in subsection (a) under chapter 71 of title 5, United States
Code, on the formulation of plans and deadlines to carry out
the conversion of covered employees and covered positions under
this Act. Prior to the conversion date, the Secretary shall
provide (in writing) to such exclusive representative the plans
for how the Secretary intends to carry out the conversion of
covered employees and covered positions under this Act,
including with respect to such matters as--
(A) the anticipated conversion date; and
(B) measures to ensure compliance with subsections
(b) and (c).
(3) Required agency response.--If any views or
recommendations are presented under paragraph (2) by the
exclusive representative, the Secretary shall consider the
views or recommendations before taking final action on any
matter with respect to which the views or recommendations are
presented and provide the exclusive representative a written
statement of the reasons for the final actions to be taken.
(4) Sunset provision.--The provisions of this section shall
cease to be effective as of the conversion date.
TITLE II--LAW ENFORCEMENT ACCOUNTABILITY REFORMS
Subtitle A--De-Escalation
SEC. 201. DE-ESCALATION, USE OF FORCE, AND BODY-WORN CAMERA POLICY.
(a) In General.--Subtitle A of title VII of the Homeland Security
Act of 2002 (6 U.S.C. 341 et seq.), as amended by this Act, is further
amended by adding at the end the following new sections:
``SEC. 719. DE-ESCALATION AND USE OF FORCE.
``(a) Policy.--Not later than 180 days after the date of the
enactment of this section, the Secretary, acting through the Under
Secretary for Management, in consultation with Associate Secretary,
shall update the Department-wide policy issued on September 7, 2018, on
the use of force by law enforcement officers of the Department to
ensure that such officers use only the amount of force that is
objectively reasonable in consideration of the facts and circumstances
at issue to bring incidents under control effectively, while also
ensuring the safety of such officers and other individuals. Such
updated policy shall set forth in a clear and consistent manner that
de-escalation is preferred.
``(b) Requirements.--The Department-wide policy updated pursuant to
subsection (a) shall require--
``(1) law enforcement officers of the Department to
complete initial and recurrent training in the full range of
use of force tactics, including the use of de-escalation;
``(2) the head of each component of the Department with
such officers to--
``(A) designate an individual or individuals,
having subject matter expertise regarding use of force
policy, training, and the application of use of force
tactics, including de-escalation tactics, to be
responsible for ensuring compliance with such updated
policy; and
``(B) maintain a use of force review council or
committee, the members of which shall have subject
matter expertise described in subparagraph (A) to
perform internal analysis of use of force incidents
to--
``(i) inform training and tactics and
develop recommendations for improvements to
policies and procedures; and
``(ii) identify trends and lessons learned
to be shared within the component and across
the Department;
``(3) make recommendations with regard to, or report
deficiencies in, training, policies, or procedures; and
``(4) maintain data regarding use of force within such
component in accordance with subsection (c).
``(c) Reporting.--
``(1) In general.--The Associate Secretary shall--
``(A) issue requirements for the head of each
component of the Department to collect and maintain
data regarding the use of force within each such
component necessary to publish the report required
under subparagraph (B); and
``(B) publish, every six months, a report on the
Department's website containing, to the extent
possible--
``(i) data regarding each incident during
the previous six-month period in which lethal
force was used by law enforcement officers of
the Department that--
``(I) is disaggregated by
component; and
``(II) describes--
``(aa) specific information
on the region or jurisdiction
in which each such incident
occurred; and
``(bb) the circumstances
surrounding each such incident;
and
``(ii) a specification of whether a
Department officer or other individual was
injured or killed in each such incident; and
``(C) in conjunction with the report required under
subparagraph (B), publish a summary of any reviews with
respect to which, during the previous six-month period,
final action was taken, including a summary of the
findings resulting from any such reviews and any
findings relating to whether the uses of force
contemplated by any such reviews complied with Federal
law and Department-wide policy.
``(2) Privacy protection.--Any information published
pursuant to this subsection shall be presented in a manner that
protects individual privacy.
``(d) Office of Inspector General.--The Inspector General of the
Department shall on an ongoing basis review compliance with subsections
(a) and (c).
``(e) De-Escalation and Use of Force Council.--
``(1) In general.--The Secretary of Homeland Security,
acting through the Associate Secretary, shall maintain an
intradepartmental council, chaired by the Under Secretary for
Strategy, Policy, and Plans, at which representatives from the
following components and entities may share lessons learned,
best practices, and trends regarding de-escalation and use of
force policies, training, and oversight:
``(A) The Office of the Under Secretary for
Management.
``(B) U.S. Customs and Border Protection.
``(C) The Coast Guard.
``(D) The Secret Service.
``(E) U.S. Immigration and Customs Enforcement.
``(F) The Federal Emergency Management Agency.
``(G) The Transportation Security Administration.
``(H) The Cybersecurity and Infrastructure Security
Agency.
``(I) Federal Law Enforcement Training Centers.
``(J) The Office of the General Counsel.
``(K) The Office of Civil Rights and Civil
Liberties.
``(L) The Privacy Office.
``(2) Feedback.--The Secretary shall develop mechanisms for
appropriate stakeholders, including labor organizations, to
provide feedback, on an ongoing basis, to the council regarding
its sharing of lessons learned, best practices, and trends
regarding de-escalation and use of force.
``SEC. 720. BODY-WORN CAMERA AND DASHBOARD CAMERAS.
``(a) Strategy.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, the Secretary, acting through
the Under Secretary for Management, shall develop and
disseminate a Department-wide directive for requiring by
December 31, 2022, the use of body-worn cameras by all
uniformed law enforcement officers of the Department and
dashboard cameras for all marked vehicles of the Department and
associated recording protocols.
``(2) Principles.--The Department-wide directive required
under paragraph (1) shall consider principles published by
major civil and human rights organizations regarding body-worn
cameras and dashboard cameras and include the following:
``(A) Benchmarks for implementation of the use of
body-worn cameras by uniformed law enforcement officers
and dashboard cameras for marked vehicles of the
Department.
``(B) Training requirements, procedures, and best
practices for the use of body-worn cameras and
dashboard cameras.
``(C) Plans to publicize the directive and the
requirements set forth in this section so that the
workforce and other impacted individuals are notified
of new policies, in particular, those regarding the
retention and right to inspect body-worn camera
footage.
``(3) Limited exception.--The directive required under
paragraph (1) shall not apply--
``(A) to any personnel who operate in a location
where the Secretary carries out redundant video-
monitoring or video-surveillance that is maintained in
good working order and that provides video footage of a
quality that is the same or better than that which
would be captured by a body-worn camera or dashboard
camera;
``(B) to any vehicle that serves as a mobile
command vehicle, and to any personnel therein;
``(C) to any vehicle, including any Federal, State,
local, or rented vehicle, that the Secretary deploys in
support of protective operations and to any law
enforcement personnel therein while such personnel are
engaged in such protective operations; and
``(D) in instances in which an immediate threat to
the life or safety of a uniformed law enforcement
officer of the Department makes activating a body-worn
camera or dashboard camera impossible or dangerous,
except that in such an instance such officer shall
activate any such camera at the first reasonable
opportunity to do so.
``(b) Retention of Footage.--
``(1) In general.--Body camera and dashboard camera video
footage shall be retained by the law enforcement agency that
employs the officer whose camera captured the footage, or an
authorized agent thereof, for 6 months after the date it was
recorded, after which time such footage shall be permanently
deleted.
``(2) Additional retention requirements.--Notwithstanding
the retention and deletion requirements in paragraph (1)--
``(A) video footage shall be automatically retained
for not less than 3 years if the video footage captures
an interaction or event involving--
``(i) any use of force; or
``(ii) an encounter about which a complaint
has been registered by a subject of the video
footage; and
``(B) body camera video footage shall also be
retained for not less than 3 years if a longer
retention period is voluntarily requested by--
``(i) the uniformed officer whose body
camera recorded the video footage, if that
officer reasonably asserts the video footage
has evidentiary or exculpatory value in an
ongoing investigation;
``(ii) any uniformed officer who is a
subject of the video footage, if that officer
reasonably asserts the video footage has
evidentiary or exculpatory value;
``(iii) any superior officer of a uniformed
officer whose body camera recorded the video
footage or who is a subject of the video
footage, if that superior officer reasonably
asserts the video footage has evidentiary or
exculpatory value;
``(iv) any uniformed officer, if the video
footage is being retained solely and
exclusively for police training purposes;
``(v) any member of the public who is a
subject of the video footage;
``(vi) any parent or legal guardian of a
minor who is a subject of the video footage; or
``(vii) a deceased subject's spouse, next
of kin, or legally authorized designee.
``(3) Right to inspect.--During the retention periods
described in paragraphs (1) and (2), the following persons
shall have the right to inspect, but not retain or in any
matter alter, the body camera footage:
``(A) Any person who is a subject of body camera
video footage, and their designated legal counsel.
``(B) A parent of a minor subject of body camera
video footage, and their designated legal counsel.
``(C) The spouse, next of kin, or legally
authorized designee of a deceased subject of body
camera video footage, and their designated legal
counsel.
``(D) A uniformed officer whose body camera
recorded the video footage, and their designated legal
counsel, subject to the limitations and restrictions in
this part.
``(E) The superior officer of a uniformed officer
whose body camera recorded the video footage, subject
to the limitations and restrictions in this part.
``(F) Any defense counsel who claims, pursuant to a
written affidavit, to have a reasonable basis for
believing a video may contain evidence that exculpates
a client.
``(c) Periodic Reporting.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section and every 180 days thereafter
until the Secretary submits the certification described in
paragraph (2), the Under Secretary for Management 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 regarding progress on
efforts to implement the Department-wide directive described in
subsection (a).
``(2) Certification.--A certification described in this
paragraph is a certification submitted by the Secretary to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate that the Department has fully implemented the
directive described in subsection (a).
``SEC. 721. PROHIBITED USE OF FORCE.
``(a) In General.--Beginning on the date that is 90 days after the
date of the enactment of this section, a law enforcement officer of the
Department who intentionally uses a chokehold or carotid hold shall be
subject to disciplinary review. Such officer may be subject to
disciplinary action, consistent with chapter 75 of title V, including
termination, except in instances in which the use of such force is
determined by the Secretary Associate Secretary to be objectively
reasonable under the circumstances.
``(b) Definition.--In this section, the terms `chokehold' and
`carotid hold' mean the application of any pressure to the throat or
windpipe, the use of maneuvers that restrict blood or oxygen flow to
the brain, or carotid artery restraints that prevent or hinder
breathing or reduce intake of air of an individual.''.
(b) Clerical Amendments.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting at the end of
the items relating to subtitle A of title VII the following new items:
``Sec. 719. De-escalation and use of force.
``Sec. 720. Body-worn camera and dashboard cameras.
``Sec. 721. Prohibited use of force.''.
SEC. 202. DE-ESCALATION TRAINING.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the
following new section:
``SEC. 890C. DE-ESCALATION TRAINING.
``(a) Department Training.--Not later than 90 days after the
issuance of the updated Department-wide policy pursuant to section 719,
the Associate Secretary shall ensure that use of force training
provided to law enforcement officers of the Department appropriately
emphasize de-escalation training to reflect such policy's preference
for de-escalation.
``(b) State and Local Law Enforcement Training.--The Associate
Secretary, acting through the Director of the Federal Law Enforcement
Training Center, in consultation with the Deputy Assistant Secretary
for State and Local Law Enforcement, shall, to the greatest extent
practicable, increase the availability of use of force training,
including de-escalation training, in the training curriculum made
available to State, local, Tribal, and territorial law enforcement
officers.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 890B the following new item:
``Sec. 890C. De-escalation training.''.
SEC. 203. LESS LETHAL TACTICS ASSESSMENT.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Associate Secretary shall commission an
assessment of written policies, training, and instances of the
utilization by the Department of Homeland Security of less lethal force
tactics utilized by the Department within the past three years by a
nonprofit research institution with expertise in homeland security,
including border security, and law enforcement. Such assessment shall,
if appropriate, include any recommendations for changes with respect to
such policies or training to improve the use of less lethal force
tactics. Such assessment shall, at a minimum, consider the use of the
following:
(1) Oleoresin capsicum spray or any other fog or irritant
dispensers for crowd control or disbursement.
(2) Electronic control weapons that discharge electrical
energy.
(3) Compressed air launchers, such as compressed-air
powered, shoulder-fired launchers that deliver less lethal
projectiles.
(4) Munition launchers that deliver an airburst flash bang
effect.
(5) Less-lethal specialty impact chemical munitions.
(6) Controlled tire deflation devices.
(7) Long range acoustic devices.
(8) Other crowd control and disbursement tactics.
(b) Report.--The assessment required under subsection (a) shall be
submitted to the Secretary of Homeland Security not later than one year
after the commencement of such assessment. Not later than 90 days after
receipt of such assessment, 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 such
assessment, together with the Secretary's feedback on any
recommendations contained therein.
SEC. 204. REQUESTS RELATING TO DEPARTMENT OF HOMELAND SECURITY
PERSONNEL OR EQUIPMENT.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002, as amended by this title, is further amended by adding at
the end the following new section:
``SEC. 890D. REQUESTS RELATING TO PERSONNEL OR EQUIPMENT.
``The Secretary shall provide notification to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate of the
Secretary's acceptance of a request to augment local law enforcement
capabilities with the deployment of Department personnel, including law
enforcement personnel, unmanned aerial system operations, or other
equipment within 24 hours of such acceptance. The notification
requirement under this section shall not apply to ongoing or routine
joint operations or assignments authorized under law, including section
1303 of the Implementing Recommendations of the 9/11 Commission Act of
2007 (6 U.S.C. 1112).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 890C, as added by this title, the following
new item:
``Sec. 890D. Requests relating to personnel or equipment.''.
SEC. 205. BEST PRACTICES TO REDUCE INCIDENTS OF EXCESSIVE OR
UNAUTHORIZED FORCE.
(a) In General.--The Associate Secretary of the Department of
Homeland Security, acting through the Under Secretary for Science and
Technology of the Department of Homeland Security, shall research and
recommend the adoption of evidence-based practices that, when utilized
by law enforcement officers of the Department, have the potential to
reduce incidents of excessive or unauthorized force. Such practices
shall be based on research that takes into account the degree to which
the following factors potentially contribute to such incidents:
(1) Gaps in training or staffing including those that may
contribute to the delayed deployment of backup resources in the
field.
(2) Unconscious bias regarding race, gender, ethnicity, or
national origin or other psychological triggers.
(3) The level of racial, gender, and ethnic diversity
within the workforce in which such law enforcement officer
serves.
(4) Stress or fatigue, and related underlying causes.
(b) Report.--Not later than one year after commencing the research
described in subsection (a), the Under Secretary for Science and
Technology of the Department of Homeland Security shall submit to the
Secretary of Homeland Security and the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report containing findings
regarding evidence-based practices described in such subsection.
(c) Research Partnerships.--To carry out subsection (a), the Under
Secretary for Science and Technology of the Department of Homeland
Security shall seek research partnerships with historically Black
colleges and minority-serving institutions and other university-based
centers for homeland security pursuant to section 308(b)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 188(b)(2)).
SEC. 206. DEPARTMENT OF HOMELAND SECURITY COMPONENT INSIGNIA REQUIRED.
(a) In General.--Subtitle A of title VII of the Homeland Security
Act of 2002, as amended by this Act, is further amended by adding at
the end the following new section:
``SEC. 722. DEPARTMENT COMPONENT INSIGNIA REQUIRED.
``(a) In General.--All uniformed law enforcement officers of the
Department who are required to display or wear the official insignia or
uniform (as such term is defined in section 716(c)(3) of title 18,
United States Code) of the Department or component, as the case may be,
to perform the duties of such officer shall display or wear such
official insignia or uniform in a manner that is visible to others when
carrying out such duties, including when deployed to augment State or
local law enforcement capabilities.
``(b) Exception.--The requirement under subsection (a) shall not
apply in the case of a law enforcement officer of the Department or a
component of the Department who is engaged in undercover or covert
operations.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 721, as added by this title, the following new
item:
``Sec. 722. Department component insignia required.''.
SEC. 207. FLETC ADVISORY BOARD.
(a) In General.--Pursuant to section 871 of the Homeland Security
Act of 2002 (6 U.S.C. 451), the Associate Secretary of Homeland
Security shall establish an advisory committee to the Federal Law
Enforcement Training Centers (FLETC) to advise and make recommendations
on matters relating to the selection, development, content, and
delivery of training by FLETC.
(b) Membership.--The committee established pursuant to subsection
(a) shall be comprised of 19 members who possess diverse expertise,
knowledge, and experience in law enforcement training, including at
least one representative from each of the following:
(1) A national association representing major metropolitan
police chiefs.
(2) Rural police departments.
(3) African-American police officers.
(4) Hispanic police officers.
(5) Tribal police officers.
(c) Responsibilities.--The committee shall provide advice and
recommendations to FLETC on the following:
(1) Training policy formulation.
(2) Training needs for State, local, and Tribal law
enforcement officers, including de-escalation training.
(3) Training curriculum, course content, and evaluation.
(4) Student admission, performance, testing, and
evaluation.
(d) Quorum; Meetings.--A quorum shall consist of a majority of
members and the committee shall meet at least twice annually. All
committee meetings shall be open to the public and announced in advance
in the Federal Register.
(e) Less Than Lethal Force Report.--The committee shall review the
report required under section 203(b) and issue, as appropriate,
recommendations to FLETC regarding changes in training based on such
report.
SEC. 208. DEPARTMENT OF HOMELAND SECURITY SUPPORT FOR THE NATIONAL
NETWORK OF FUSION CENTERS.
Section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h)
is amended--
(1) in subsection (b)(1), by inserting ``, including
relating to privacy, civil rights, and civil liberties
training,'' after ``advice and assistance'';
(2) in subsection (c), by adding at the end the following
new paragraph:
``(7) Privacy, civil rights, and civil liberties
advisors.--The Chief Privacy Officer of the Department and the
Officer for Civil Rights and Civil Liberties of the Department,
in coordination with the Under Secretary for Intelligence and
Analysis shall, to the maximum extent practicable, assign
personnel to assist the fusion centers that participate in the
State, Local, and Regional Fusion Center Initiative, including
employees of such fusion centers who are responsible for
privacy, civil rights, and civil liberties efforts within such
fusion centers.'';
(3) by redesignating subsections (k) and (l) as subsections
(n) and (o), respectively; and
(4) by inserting after subsection (j) the following new
subsections:
``(k) Self-Assessment.--
``(1) In general.--Not later than one year after the date
of the enactment of this subsection, the Secretary shall
disseminate to each fusion center participating in the State,
Local, and Regional Fusion Center Initiative and receiving a
grant from the Department guidance on conducting a self-
assessment with respect to adherence to privacy, civil rights,
and civil liberties protections to privacy, civil rights, and
civil liberties polices, including training. Not later than
August 31, 2022, and annually thereafter, such fusion centers
shall submit to the Secretary such self-assessments.
``(2) Inspector general review.--Not later than September
30, 2022, and annually thereafter, the Under Secretary for
Intelligence and Analysis shall submit to the Inspector General
of the Department the self-assessments submitted to the Under
Secretary. Not later than 90 days after the receipt of the
self-assessments, and annually thereafter, the Inspector
General shall review a representative sampling, as determined
by the Inspector General, of the policies, practices, and
performance with respect to privacy, civil rights, and civil
liberties of the fusion centers participating in the State,
Local, and Regional Fusion Center Initiative to determine such
centers' adherence to privacy, civil rights, and civil
liberties polices, including training. Each such review shall
take into consideration the self-assessments of the fusion
centers so sampled and reviewed. The Inspector General shall
annually rotate the fusion centers subject to such sampling and
review, and shall endeavor to sample and review fusion centers
that are diverse with respect to the metropolitan areas,
States, or regions in which such fusion centers operate.
``(l) Comptroller General.--Beginning on the date that is one year
after the date of the enactment of this subsection, the Comptroller
General of the United States shall triennially 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 review of
the use of emerging technologies, including facial recognition,
artificial intelligence, and machine learning, by fusion centers
participating in the State, Local, and Regional Fusion Center
Initiative, and the effects of such technologies on the privacy, civil
rights, and civil liberties of the American public. Each such review
shall evaluate not fewer than--
``(1) three such fusion centers that serve high-risk urban
areas (as such term is defined in section 2003); and
``(2) two State fusion centers.''.
Subtitle B--Securing of Firearms and Other Sensitive Assets
SEC. 221. DEFINITIONS.
In this title:
(1) Department.--The term ``Department'' means the
Department of Homeland Security.
(2) Lost.--The term ``lost'' includes loss by theft.
(3) Sensitive assets.--The term ``sensitive assets'' has
the meaning given such term in section 701, as amended by
section 222 of this Act.
(4) Under secretary for management.--The term ``Under
Secretary for Management'' means the Under Secretary for
Management of the Department.
SEC. 222. INCLUSION OF SECURING FIREARMS AND OTHER SENSITIVE ASSETS IN
RESPONSIBILITIES OF UNDER SECRETARY FOR MANAGEMENT.
Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is
amended--
(1) in subsection (a)(6), by inserting ``(including
firearms and other sensitive assets)'' after ``equipment'';
(2) by redesignating the second subsection (e) (relating to
the definition of interoperable communications) as subsection
(f); and
(3) by amending such redesignated subsection (f) to read as
follows:
``(f) Definitions.--In this section:
``(1) Interoperable communications.--The term
`interoperable communications' has the meaning given such term
in section 7303(g) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(g)).
``(2) Sensitive assets.--The term `sensitive assets' means
any asset, regardless of value--
``(A) that the Department issues to a Department
employee; and
``(B) that either the Under Secretary for
Management or a component head determines requires
special control and accounting.''.
SEC. 223. MANAGEMENT DIRECTIVE.
(a) Safeguarding Firearms and Sensitive Assets Directive.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Under Secretary for Management
shall develop and disseminate a Department-wide directive for
achieving adequate security over firearms and other sensitive
assets across the Department.
(2) Contents.--The Department-wide directive required under
subsection (a) shall, at a minimum, include the following:
(A) Descriptions of what equipment, in addition to
firearms, is classified as a sensitive asset for the
purpose of carrying out this Act.
(B) Requirements for securing Department-issued
firearms and other sensitive assets.
(C) A classification system for all categories of
Department-issued badges and corresponding requirements
for safeguarding such assets.
(D) Reporting requirements for lost firearms and
other sensitive assets, including timelines for such
reporting, to supervisors, local law enforcement, the
Federal Bureau of Investigation's National Crime
Information Center, and Department headquarters.
(E) Recordkeeping requirements for lost firearms
and other sensitive assets in inventory systems,
including a timeline for recording such losses.
(3) Review and update of directive.--Not later than one
year after the issuance of the directive required under
subsection (a), the Under Secretary for Management shall review
and update, as necessary, such directive, including adding a
requirement relating to recording in the inventory systems
maintained by each component of the Department the acceptance
or transfer of a firearm or other sensitive asset by such
component.
(b) Personal Property Asset Management Program Manual.--Together
with the issuance of the directive required under subsection (a), the
Under Secretary for Management shall disseminate a revised version of
the Personal Property Asset Management Program Manual that includes the
following:
(1) Requirements for component heads to develop procedures
to safeguard firearms and other sensitive assets during on and
off-duty time.
(2) Requirements for the issuance of safety locking devices
and policies on the use of such assets, as applicable.
(3) Requirements for initial, recurrent, and remedial
training on safeguarding such assets.
(4) Examples, with detail, of how to report and record lost
sensitive assets across components of the Department, and an
enforcement mechanism to ensure supervisors maintain such
records.
(5) A requirement that the file maintained on a lost
firearm or other sensitive asset contains both the
corresponding police report and the Department report detailing
the circumstances surrounding such loss, including information
on adherence to safeguarding procedures.
SEC. 224. COMPONENT RESPONSIBILITIES.
Department component heads shall--
(1) comply with Federal law, Federal regulations, executive
branch guidance, and Department policy, including directives
required by this Act, relating to the management and oversight
of securing firearms and other sensitive assets;
(2) review the need for non-law enforcement badges;
(3) require component personnel to safeguard firearms and
other sensitive assets in accordance with the directive issued
by the Under Secretary for Management under section 223;
(4) require that component personnel adhere to the
procedures and timelines for properly reporting to supervisors
lost firearms and other sensitive assets;
(5) require that lost firearms and other sensitive assets
are reported to local law enforcement, the Federal Bureau of
Investigation's National Crime Information Center, and
Department headquarters in the timeframe established in such
directive; and
(6) require that lost firearms and other sensitive assets
are recorded in inventory systems in the timeframe established
by such directive.
SEC. 225. PERSONAL PROPERTY ASSET MANAGEMENT INSPECTOR GENERAL REVIEW.
The Inspector General of the Department shall, on an ongoing basis,
review implementation of this Act and, not later than 180 days after
issuance of the Department-wide directive required under section 223,
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 review of the progress and effectiveness of
such directive, including an assessment of the adequacy of such
directive, as well as the level of compliance among the components of
the Department to achieve adequate security of sensitive assets across
Department components.
Subtitle C--Federal Law Enforcement Training Centers
SEC. 231. FLETC RESEARCH AND DEVELOPMENT.
The Director of the Federal Law Enforcement Training Centers
(FLETC), in coordination with the Under Secretary for Science and
Technology of the Department of Homeland Security, shall conduct
research and development of a technology to enhance participation rates
in training offered to State, local, and Tribal communities, with
particular attention to rural or remote communities, for the purpose of
enhancing domestic preparedness for and collective response to
terrorism and other homeland security threats.
SEC. 232. REPORTING ON BASIC TRAINING PROGRAMS OF THE DEPARTMENT OF
HOMELAND SECURITY.
(a) Annual Reporting.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act and annually thereafter, the
Secretary of Homeland Security, acting through the Under
Secretary for Management of the Department of Homeland
Security, 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
accreditation status for each basic training program of the
Department, including information relating to the following:
(A) The date on which each such program achieved
initial accreditation, or in the case of a program that
is not currently accredited, the reasons for not
obtaining or maintaining accreditation, the activities,
if any, taken to achieve accreditation, and an
anticipated timeline for accreditation of such program.
(B) The date each such program most recently
received accreditation or reaccreditation, if
applicable.
(C) Each such program's anticipated accreditation
or next reaccreditation date.
(D) The name of the accreditation manager for each
such program.
(2) Termination of reporting requirement.--Annual reports
under paragraph (1) shall terminate when all basic training
programs of the Department of Homeland Security are accredited.
(b) Lapse in Accreditation.--
(1) In general.--If a basic training program of the
Department of Homeland Security loses accreditation, the head
of the relevant component of the Department shall notify the
Under Secretary for Management of the Department not later than
30 days after such loss.
(2) Notice to congress.--Not later than 60 days after
receiving a notification pursuant to subsection (a), the Under
Secretary for Management of the Department of Homeland Security
shall notify the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate of the lapse in
accreditation, the reason for such lapse, and the activities
underway and planned to regain accreditation.
(c) Definitions.--In this section:
(1) Accreditation.--The term ``accreditation'' means the
recognition by a board that a basic training program is
administered, developed, and delivered according to an
applicable set of standards.
(2) Accreditation manager.--The term ``accreditation
manager'' means the individual assigned by the component of the
Department of Homeland Security to manage accreditation
activities for a basic training program.
(3) Basic training program.--The term ``basic training
program'' means an entry level program that is transitional to
law enforcement service, provides training on critical
competencies and responsibilities, and is typically a
requirement for appointment to a law enforcement service job or
job series.
(4) Reaccreditation.--The term ``reaccreditation'' means
the assessment of a basic training program after initial
accreditation to ensure the continued compliance with an
applicable set of standards.
TITLE III--ACQUISITION REFORMS
Subtitle A--Authorities
SEC. 301. DEFINITIONS.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 is amended by inserting before section 831 the following
new section:
``SEC. 830. DEFINITIONS.
``In this subtitle:
``(1) The term `acquisition' has the meaning given such
term in section 131 of title 41, United States Code.
``(2) The term `acquisition decision authority' means the
authority, held by the Secretary acting through the Under
Secretary for Management to--
``(A) ensure compliance with Federal law, the
Federal Acquisition Regulation, and Department
acquisition management directives;
``(B) review (including approving, pausing,
modifying, or canceling) an acquisition program through
the life cycle of such program;
``(C) ensure that acquisition program managers have
the resources necessary to successfully execute an
approved acquisition program;
``(D) ensure appropriate acquisition program
management of cost, schedule, risk, and system
performance of the acquisition program at issue,
including assessing acquisition program baseline
breaches and directing any corrective action for such
breaches; and
``(E) ensure that acquisition program managers, on
an ongoing basis, monitor cost, schedule, and
performance against established baselines and use tools
to assess risks to an acquisition program at all phases
of the life cycle of such program to avoid and mitigate
acquisition program baseline breaches.
``(3) The term `acquisition decision event', with respect
to an acquisition program, means a predetermined point within
the acquisition lifecycle at which the acquisition decision
authority determines whether such acquisition program shall
proceed to the next acquisition phase.
``(4) The term `acquisition decision memorandum', with
respect to an acquisition, means the official documented record
of decisions, including the rationale for the decisions and any
assigned actions for such acquisition, as determined by the
person exercising acquisition decision authority for such
acquisition.
``(5) The term `acquisition program' means the process by
which the Department acquires, with any appropriated amounts or
fee funding, by contract for purchase or lease, property or
services (including construction) that support the missions and
goals of the Department.
``(6) The term `acquisition program baseline', with respect
to an acquisition program, means a summary of the cost,
schedule, and performance parameters, expressed in standard,
measurable, quantitative terms, which must be met in order to
accomplish the goals of such program.
``(7) The term `best practices', with respect to
acquisition, means a knowledge-based approach to capability
development that includes the following:
``(A) Identifying and validating needs.
``(B) Assessing alternatives to select the most
appropriate solution.
``(C) Clearly establishing well-defined
requirements.
``(D) Developing realistic cost estimates and
schedules that account for the entire life cycle of an
acquisition.
``(E) Securing stable funding that matches
resources to requirements before initiating
development.
``(F) Demonstrating technology, design, and
manufacturing maturity before initiating production.
``(G) Using milestones and exit criteria or
specific accomplishments that demonstrate the
attainment of knowledge to support progress.
``(H) Regularly assessing and managing risks to
achieving requirements and cost and schedule goals.
``(I) Adopting and executing standardized processes
with known success across programs.
``(J) Establishing an adequate workforce that is
qualified and sufficient to perform necessary
functions.
``(K) Integrating the capabilities described in
subparagraphs (A) through (J) into the Department's
mission and business operations.
``(8) The term `breach', with respect to a major
acquisition program, means a failure to meet any cost,
schedule, or performance threshold specified in the most
recently approved acquisition program baseline.
``(9) The term `congressional homeland security committees'
means--
``(A) the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
``(B) the Committee on Appropriations of the House
of Representatives and of the Senate.
``(10) The term `Component Acquisition Executive' means the
senior acquisition official within a component who is
designated in writing by the Under Secretary for Management, in
consultation with the component head.
``(11) The term `life cycle cost' means the total ownership
cost of an acquisition, including all relevant costs related to
acquiring, deploying, operating, maintaining, and disposing of
the system, project, or product over a specified period of
time.
``(12) The term `major acquisition program' means a
Department capital asset, services, or hybrid acquisition
program that is estimated by the Secretary to require an
eventual total expenditure of at least $300,000,000 (based on
fiscal year 2020 constant dollars) over its life cycle or a
program identified by the Chief Acquisition Officer as a
program of special interest.
``(13) The term `non-major acquisition program' means a
Department capital asset, services, or hybrid acquisition
program that is estimated by the Secretary to require an
eventual total expenditure of less than $300,000,000 (based on
fiscal year 2020 constant dollars) over its life cycle.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by inserting before the item relating to
section 831 the following new item:
``830. Definitions.''.
SEC. 302. ACQUISITION AUTHORITIES FOR OFFICE OF PROGRAM ACCOUNTABILITY
AND RISK MANAGEMENT.
(a) In General.--Subtitle A of title VII of the Homeland Security
Act of 2002 (6 U.S.C. 341 et seq.), as amended by this Act, is further
amended by adding at the end the new section following:
``SEC. 723. OFFICE OF PROGRAM ACCOUNTABILITY AND RISK MANAGEMENT.
``(a) Establishment of Office.--Within the Management Directorate,
there shall be a Program Accountability and Risk Management office to--
``(1) provide consistent accountability, standardization,
and transparency of acquisition programs of the Department;
``(2) serve as the central oversight function for the
Department's acquisition portfolio; and
``(3) provide review and analysis of Department acquisition
programs, as appropriate.
``(b) Responsibilities of Executive Director.--The Program
Accountability and Risk Management office shall be led by an Executive
Director to oversee the requirements specified in subsection (a). The
Executive Director shall report directly to the Under Secretary for
Management, and shall carry out the following responsibilities:
``(1) Monitor regularly the progress of Department major
acquisition programs between acquisition decision events to
identify problems with cost, performance, or schedule that
components may need to address to prevent cost overruns,
performance issues, or schedule delays.
``(2) Assist the Under Secretary for Management in managing
the Department's acquisition programs, acquisition workforce,
and related activities.
``(3) Conduct oversight of individual acquisition programs
to implement Department acquisition program policy, procedures,
and guidance with a priority on ensuring the data the office
collects and maintains from Department components is accurate
and reliable.
``(4) Serve as the focal point and coordinator for the
acquisition life cycle review process and as the executive
secretariat for the Department's Acquisition Review Board.
``(5) Advise the persons having acquisition decision
authority in making acquisition decisions consistent with all
applicable laws and in establishing clear lines of authority,
accountability, and responsibility for acquisition decision
making within the Department.
``(6) Assess the results of major acquisition programs'
post-implementation reviews and identify opportunities to
improve performance throughout the acquisition process and
across the Department's acquisition portfolio.
``(7) Provide technical support and assistance to
Department acquisition programs and acquisition personnel.
``(8) Assist, as appropriate, with the preparation of the
Future Years Homeland Security Program.
``(9) Prepare and submit the Congressional Acquisition
Progress Report for the Department, as required under section
840.
``(10) In coordination with the Component Acquisition
Executives, maintain the Master Acquisition Oversight List that
shall serve as an inventory of all major and non-major
acquisition programs within the Department. The inventory shall
be updated quarterly and include, at a minimum, the following
information for each program:
``(A) Component sponsoring the acquisition.
``(B) Name of the acquisition.
``(C) Acquisition level as determined by the
program's anticipated life cycle cost (as such term is
defined in section 830) and other criteria pursuant to
the Department-level acquisition policy.
``(D) Acquisition decision authority for the
acquisition.
``(E) Current acquisition phase.
``(c) Responsibilities of Components.--Each head of a component
shall comply with Federal law, the Federal Acquisition Regulation, and
Department acquisition management directives established by the Under
Secretary for Management, and shall carry out the following
responsibilities:
``(1) Establish an organizational structure for conducting
acquisitions within the component, to be managed by a Component
Acquisition Executive, and obtain the resources necessary to
operate such an organizational structure that are aligned with
the number, type, size, and complexity of the acquisition
programs of the component.
``(2) Oversee sustainment of capabilities deployed by major
and non-major acquisition programs once all planned deployments
are completed until such capabilities are retired or replaced.
``(d) Responsibilities of Component Acquisition Executives.--The
Component Acquisition Executive is responsible for overseeing all
acquisition related activities within the component and, as such, shall
carry out the following functions:
``(1) Establish and implement policies and guidance for
managing and conducting oversight for major and non-major
acquisition programs within the component that comply with
Federal law, the Federal Acquisition Regulation, and Department
acquisition management directives established by the Under
Secretary for Management.
``(2) Ensure acquisition documentation is complete and
demonstrates the critical thinking required for successful
program execution prior to final approval.
``(3) Exercise the acquisition decision authority (as such
term is defined in section 830) to approve, pause, modify
(including the rescission of approvals of program milestones),
or cancel non-major acquisition programs and major acquisition
programs when delegated by the Under Secretary for Management
pursuant to section 701(d)(3).
``(4) Review, oversee, and direct activities between
acquisition decision events for major acquisition programs
within the component for which the Under Secretary for
Management is the acquisition decision authority.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is further amended by inserting after
the item relating to section 722, as added by this Act, the following
new items:
``Sec. 723. Office of Program Accountability and Risk Management.''.
SEC. 303. ACQUISITION AUTHORITIES FOR TECHNICAL SUPPORT OFFICES.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the
following new section:
``SEC. 836. TECHNICAL SUPPORT OFFICES.
``(a) Office of Test and Evaluation.--
``(1) Establishment of office.--Within the Department,
there shall be an Office of Test and Evaluation to--
``(A) provide test and evaluation support across
the Department; and
``(B) serve as the liaison with other Federal
agencies, foreign, Tribal, State, and local
governments; the private sector; educational
institutions; and other entities with regards to test
and evaluation matters.
``(2) Responsibilities of director.--The Office of Test and
Evaluation shall be led by a Director to oversee the
requirements specified in paragraph (1) and to carry out the
following responsibilities:
``(A) Establish and update as necessary test and
evaluation policies, procedures, and guidance for the
Department.
``(B) Ensure, in coordination with relevant
component heads, that major acquisition programs--
``(i) complete reviews of operational
requirements to ensure the requirements are
informed by threats, including physical and
cyber threats, and are measurable, testable,
and achievable within the constraints of cost
and schedule;
``(ii) complete independent testing and
evaluation of technologies and systems
throughout development;
``(iii) complete operational testing and
evaluation that includes all system components
and incorporates operators into the testing to
ensure that systems meet the mission need as
intended in the appropriate operational
setting;
``(iv) use independent verification and
validation of test and evaluation
implementation and results, as appropriate; and
``(v) document whether such programs meet
all operational requirements.
``(C) Provide oversight of test and evaluation for
the Department's major acquisition programs throughout
the acquisition life cycle by--
``(i) approving program test and evaluation
master plans, plans for individual test and
evaluation events, and other related
documentation, as deemed appropriate by the
Director;
``(ii) approving the independent test and
evaluation agent or third-party tester selected
for each program; and
``(iii) providing an independent assessment
to the acquisition decision authority that
assesses a program's progress in meeting
operational requirements and operational
effectiveness, suitability, and resilience to
inform production and deployment decisions.
``(D) Determine if testing conducted by other
Federal departments and agencies, private or third-
party entities, and educational institutions is
relevant and sufficient in determining whether systems
perform as intended.
``(3) Annual report.--Within one year of the date of
enactment of this Act, and each year thereafter, the Director
of the Office of Test and Evaluation shall prepare a report
summarizing the test and evaluation activities of the
Department's major acquisition programs during the preceding
fiscal year. Each report shall be submitted in unclassified
form but may include a classified annex. Each report shall--
``(A) be submitted concurrently to the Secretary,
Under Secretary for Management, the component heads,
and the congressional homeland security committees (as
such term is defined in section 830);
``(B) summarize the adequacy of any test and
evaluation activities conducted for each major
acquisition program in the fiscal year, including the
assessment of results in demonstrating progress against
program operational requirements and determination of
operational effectiveness, suitability, and resilience;
``(C) assess the waivers of and deviations from
program test and evaluation plans that occurred during
the fiscal year, any concerns raised by the waivers or
deviations, and the actions that have been taken or are
planned to be taken to address the concerns; and
``(D) include any other comments and
recommendations deemed appropriate, including comments
and recommendations on resources and facilities
available for test and evaluation and levels of funding
made available for test and evaluation activities.
``(b) Office of Systems Engineering and Standards.--
``(1) Establishment of office.--Within the Department,
there shall be an Office of Systems Engineering and Standards
to--
``(A) provide systems engineering, standards, and
human systems integration support across the
Department; and
``(B) serve as the liaison with other Federal
agencies, foreign, Tribal, State, and local
governments; the private sector; educational
institutions; and other entities with regards to
systems engineering, standards, and human systems
integration matters.
``(2) Responsibilities of director.--The Office of Systems
Engineering and Standards shall be led by a Director to oversee
the requirements specified in subsection (1) and to carry out
the following responsibilities:
``(A) Establish and update as necessary systems
engineering, standards, and human systems integration
policies, procedures, and guidance for the Department.
``(B) Ensure, in coordination with relevant
component heads, that major acquisition programs--
``(i) integrate applicable standards into
development specifications; and
``(ii) complete systems engineering reviews
and technical assessments during development to
inform production and deployment decisions.
``(C) Provide oversight of systems engineering,
standards, and human systems integration for the
Department's major acquisition programs throughout the
acquisition life cycle by--
``(i) approving program systems engineering
lifecycle tailoring plans; and
``(ii) providing independent assessments,
in coordination with the Office of the Chief
Information Officer as appropriate, of a
program's technical approach, and any
significant changes to the technical approach,
to inform key acquisition decisions, such as
initiating development; and
``(iii) participating in program systems
engineering lifecycle technical reviews.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is further amended by inserting after
the item relating to section 835, as added by this Act, the following
new items:
``Sec. 836. Technical support offices.''.
SEC. 304. ACQUISITION AUTHORITIES FOR UNDER SECRETARY FOR MANAGEMENT.
Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is
amended by--
(1) in subsection (a)(2), inserting ``and acquisition
management'' after ``procurement'';
(2) redesignating subsection (d), the first subsection (e)
(relating to the system for award management consultation), and
the second subsection (e) (relating to the definition of
interoperable communications) as subsections (e), (f), and (g),
respectively; and
(3) inserting after subsection (c) the following new
subsection:
``(d) Acquisition and Related Responsibilities.--
``(1) In general.--Notwithstanding section 1702(a) of title
41, United States Code, the Under Secretary for Management is
the Chief Acquisition Officer of the Department. As Chief
Acquisition Officer, the Under Secretary shall have the
authorities and perform the functions specified in such section
1702(b), and perform all other functions and responsibilities
delegated by the Secretary or described in this subsection.
``(2) Functions and responsibilities.--In addition to the
authorities and functions specified in section 1702(b) of title
41, United States Code, the functions and responsibilities of
the Under Secretary for Management related to acquisition (as
such term is defined in section 830) include the following:
``(A) Advising the Secretary regarding acquisition
management activities, taking into account risks of
failure to achieve cost, schedule, or performance
parameters, to ensure that the Department achieves its
mission through the adoption of widely accepted program
management best practices (as such term is defined in
section 830) and standards and, where appropriate,
acquisition innovation best practices.
``(B) Leading the Department's acquisition
oversight body, the Acquisition Review Board, and
synchronizing interagency coordination regarding the
Department's acquisition programs and acquisition
management efforts.
``(C) Exercising the acquisition decision authority
(as such term is defined in section 830) to approve,
pause, modify (including the rescission of approvals of
program milestones), or cancel major acquisition
programs (as such term is defined in section 830),
unless the Under Secretary delegates such authority to
a Component Acquisition Executive (as such term is
defined in section 830) pursuant to paragraph (3).
``(D) Providing additional scrutiny and oversight
for an acquisition that is not a major acquisition if--
``(i) the acquisition is for a program that
is important to departmental strategic and
performance plans;
``(ii) the acquisition is for a program
with significant program or policy
implications; and
``(iii) the Secretary determines that such
scrutiny and oversight for the acquisition is
proper and necessary.
``(E) Establishing policies for acquisition that
implement an approach that takes into account risks of
failure to achieve cost, schedule, or performance
parameters that all components of the Department shall
comply with, including outlining relevant authorities
for program managers to effectively manage acquisition
programs (as such term is defined in section 830).
``(F) Ensuring that each major acquisition program
has a Department-approved acquisition program baseline
(as such term is defined in section 830), pursuant to
the Department's acquisition management policy, that is
traceable to the program's life cycle cost estimate,
integrated master schedule, and operational
requirements.
``(G) Assisting the heads of components and
Component Acquisition Executives in efforts to comply
with Federal law, the Federal Acquisition Regulation,
and Department acquisition management directives.
``(H) Ensuring that contracts, grants, and
financial assistance are provided only to individuals
and organizations that are not suspended or debarred.
``(I) Distributing guidance throughout the
Department to ensure that contractors involved in
acquisitions, particularly contractors that access the
Department's information systems and technologies,
adhere to relevant Department policies related to
physical and information security as identified by the
Under Secretary for Management.
``(J) Overseeing the Component Acquisition
Executive organizational structure to ensure Component
Acquisition Executives have sufficient capabilities and
comply with Department acquisition policies.
``(K) Developing and managing a highly skilled
professional acquisition workforce that has the
technical expertise and business skills to ensure the
Department acquires goods and services to meet mission
needs at the best value for the expenditure of public
resources.
``(3) Delegation of certain acquisition decision
authority.--The Under Secretary for Management may delegate
acquisition decision authority in writing to the relevant
Component Acquisition Executive for a major capital asset,
services, or hybrid acquisition program that has a life cycle
cost estimate of at least $300,000,000 but not more than
$1,000,000,000 if all of the following requirements are met:
``(A) The component concerned possesses working
policies, processes, and procedures that are consistent
with Department-level acquisition policy.
``(B) The Component Acquisition Executive concerned
has adequate, experienced, and dedicated professional
employees with program management training, as
applicable, commensurate with the size of the
acquisition programs and related activities delegated
to such Component Acquisition Executive by the Under
Secretary for Management.
``(C) Each major acquisition program concerned has
written documentation showing that it has a Department-
approved acquisition program baseline and it is meeting
agreed-upon cost, schedule, and performance thresholds.
``(4) Relationship to under secretary for science and
technology.--The Under Secretary for Management and the Under
Secretary for Science and Technology shall cooperate in matters
related to the coordination of acquisitions across the
Department so that investments of the Directorate of Science
and Technology are able to support current and future
requirements of the components of the Department. Nothing in
this subsection shall diminish the authority granted to the
Under Secretary for Science and Technology under this Act.''.
SEC. 305. ACQUISITION AUTHORITIES FOR UNDER SECRETARY FOR STRATEGY,
POLICY, AND PLANS.
Subsection (c) of section 709 of the Homeland Security Act of 2002
(6 U.S.C. 349) is amended by--
(1) redesignating paragraphs (4) through (7) as (5) through
(8), respectively; and
(2) inserting after paragraph (3) the following new
paragraph:
``(4) ensure acquisition programs (as such term is defined
in section 830) support the DHS Quadrennial Homeland Security
Review Report, the DHS Strategic Plan, the DHS Strategic
Priorities, and other appropriate successor documents;''.
SEC. 306. ACQUISITION AUTHORITIES FOR CHIEF INFORMATION OFFICER.
Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Acquisition Responsibilities.--In addition to the
responsibilities specified in section 11315 of title 40, United States
Code, the acquisition responsibilities of the Chief Information
Officer, in consultation with the Under Secretary for Management, shall
include the following:
``(1) Overseeing the management of the Homeland Security
Enterprise Architecture and ensuring that, before each
acquisition decision event (as such term is defined in section
830), information technology aspects of acquisition programs
comply with any departmental information technology management
requirements, security protocols, and the Homeland Security
Enterprise Architecture, and in any case in which information
technology aspects of acquisitions do not comply with the
Department's management directives, making recommendations to
the Department's Acquisition Review Board regarding such
noncompliance.
``(2) Providing recommendations to the Acquisition Review
Board regarding information technology programs, and developing
information technology acquisition strategic guidance.''.
Subtitle B--Requirements and Oversight
SEC. 321. ACQUISITION DOCUMENTATION.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the
following new section:
``SEC. 837. ACQUISITION DOCUMENTATION.
``(a) In General.--For each major acquisition program, the
Secretary, acting through the Under Secretary for Management, shall
require the head of a relevant component or office to--
``(1) maintain acquisition documentation that is complete,
accurate, timely, and valid, and that includes, at a minimum--
``(A) operational requirements that are validated
consistent with departmental policy;
``(B) a complete life cycle cost estimate with
supporting documentation;
``(C) verification of such life cycle cost estimate
against independent cost estimates, and reconciliation
of any differences;
``(D) a cost-benefit analysis with supporting
documentation;
``(E) an integrated master schedule with supporting
documentation;
``(F) plans for conducting systems engineering
reviews and test and evaluation activities throughout
development to support production and deployment
decisions;
``(G) an acquisition plan that outlines the
procurement approach, including planned contracting
vehicles;
``(H) a logistics and support plan for operating
and maintaining deployed capabilities until they are
disposed of or retired; and
``(I) an acquisition program baseline (as such term
is defined in section 830) that is traceable to the
program's operational requirements required under (a),
life cycle cost estimate required under (b), and
integrated master schedule required under (e);
``(2) prepare cost estimates and schedules for major
acquisition programs, as required under subparagraphs (B) and
(E), in a manner consistent with best practices as identified
by the Comptroller General of the United States;
``(3) ensure any revisions to the acquisition documentation
maintained pursuant to subsection (a)(1) are reviewed and
approved in accordance with departmental policy; and
``(4) submit certain acquisition documentation to the Under
Secretary for Management to inform submission to Congress of an
annual progress report on the Department's acquisitions as
required by section 840 of the Homeland Security Act of 2002 as
amended.
``(b) Waiver.--On a case-by-case basis with respect to any major
acquisition program under this section, the Secretary may waive the
requirement under paragraph (4) of subsection (a) for a fiscal year if
either--
``(1) such program has not--
``(A) entered the full rate production phase in the
acquisition lifecycle;
``(B) had a reasonable cost estimate established;
and
``(C) had a system configuration defined fully; or
``(2) such program does not meet the definition of capital
asset, as such term is defined by the Director of the Office of
Management and Budget.
``(c) Congressional Oversight.--At the same time the President's
budget is submitted for a fiscal year under section 1105(a) of title
31, United States Code, the Secretary shall make information available,
as applicable, to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate regarding the requirement described in subsection
(a) in the prior fiscal year that includes the following specific
information regarding each major acquisition program for which the
Secretary has issued a waiver under subsection (b):
``(1) The grounds for granting a waiver for such program.
``(2) The projected cost of such program.
``(3) The proportion of a component's or office's annual
acquisition budget attributed to such program, as available.
``(4) Information on the significance of such program with
respect to the component's or office's operations and execution
of its mission.
``(d) Major Acquisition Program Defined.--In this section, the term
`major acquisition program' means a Department capital asset, services,
or hybrid acquisition program that is estimated by the Secretary to
require an eventual total expenditure of at least $300 million (based
on fiscal year 2020 constant dollars) over its lifecycle or a program
identified by the Chief Acquisition Officer as a program of special
interest.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further
amended by adding after the item relating to section 836 the following
new item:
``Sec. 837. Acquisition documentation.''.
SEC. 322. ACQUISITION REVIEW BOARD.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the
following new section:
``SEC. 838. ACQUISITION REVIEW BOARD.
``(a) In General.--The Secretary shall establish an Acquisition
Review Board (in this section referred to as the `Board') to--
``(1) strengthen accountability and uniformity within the
Department acquisition review process;
``(2) review acquisition programs; and
``(3) review the use of best practices.
``(b) Composition.--
``(1) Chair.--The Under Secretary for Management shall
serve as chair of the Board.
``(2) Participation.--The Secretary shall ensure
participation by other relevant Department officials with
responsibilities related to acquisitions as permanent members
of the Board.
``(3) Oversight.--The Under Secretary for Management shall
designate a full time employee of the Department to oversee the
operations of the Board.
``(c) Meetings.--The Board shall meet regularly for purposes of
ensuring all acquisitions processes proceed in a timely fashion to
achieve mission readiness. The Board shall convene at the Secretary's
discretion and at any time--
``(1) a new acquisition program is initiated;
``(2) a major acquisition program--
``(A) requires authorization to proceed from one
acquisition decision event to another throughout the
acquisition life cycle;
``(B) is in breach (as such term is defined in
section 830); or
``(C) requires additional review, as determined by
the Under Secretary for Management; or
``(3) a non-major acquisition program requires review, as
determined by the Under Secretary for Management.
``(d) Responsibilities.--The responsibilities of the Board are as
follows:
``(1) Determine the appropriate acquisition level and
acquisition decision authority for new acquisition programs
based on the estimated eventual total expenditure to meet the
mission need over the acquisition's life cycle regardless of
funding source.
``(2) Determine whether a proposed acquisition has met the
requirements of key phases of the acquisition life cycle
framework and is able to proceed to the next phase and eventual
full production and deployment.
``(3) Oversee whether a proposed acquisition's business
strategy, resources, management, and accountability is
executable and is aligned to strategic initiatives.
``(4) Support the person with acquisition decision
authority for an acquisition in determining the appropriate
direction for such acquisition at key acquisition decision
events.
``(5) Conduct systematic reviews of acquisitions to ensure
that such acquisitions are progressing in compliance with the
most recently approved documents for their current acquisition
phases.
``(6) Review the acquisition documents of each major
acquisition program, including the acquisition program baseline
and documentation reflecting consideration of tradeoffs among
cost, schedule, and performance objectives, to ensure the
reliability of underlying data.
``(7) Ensure that practices are adopted and implemented to
require consideration of trade-offs among cost, schedule, and
performance objectives as part of the process for developing
requirements for major acquisition programs prior to the
initiation of the second acquisition decision event, including,
at a minimum, the following practices:
``(A) Department officials responsible for
acquisition, budget, and cost estimating functions are
provided with the appropriate opportunity to develop
estimates and raise cost and schedule matters before
performance objectives are established for capabilities
when feasible.
``(B) Full consideration is given to possible
trade-offs among cost, schedule, and performance
objectives for each alternative.
``(e) Documentation and Reporting.--The chair of the Board shall--
``(1) ensure that all activities and decisions made
pursuant to the Board's responsibilities in subsection (d) are
documented in acquisition decision memorandum that includes, at
a minimum--
``(A) a summary of the Board's activity or purpose
for convening;
``(B) the decision resulting from the Board's
activity;
``(C) the rationale for the decision, including
justification for any decisions made to allow
acquisition programs to deviate from the Department's
acquisition management policy; and
``(D) any assigned items for further action; and
``(2) within 7 days after the acquisition decision
memorandum is signed, submit a copy of the memorandum to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further
amended by adding after the item relating to section 837 the following
new item:
``Sec. 838. Acquisition Review Board.''.
SEC. 323. SUSPENSION AND DEBARMENT PROGRAM.
(a) Establishment.--The Secretary shall establish a suspension and
debarment program that ensures the Department and each of the
components of the Department comply with the laws, regulations, and
guidance related to the suspension, debarment, and ineligibility of
contractors.
(b) Requirements.--The program required to be established under
subsection (a) shall--
(1) require that any referral made by a contracting
official for consideration of actions to protect the interests
of the Federal Government be evaluated by the Suspension and
Debarment Official in writing in accordance with applicable
regulations;
(2) develop and require training for all contracting
officials of the Department on the causes for suspension and
debarment and complying with departmental and Government-wide
policies and processes; and
(3) include policies and processes for--
(A) tracking, reviewing, and documenting suspension
and debarment decisions, including those related to
poor performance, fraud, national security
considerations, and other criteria determined
appropriate by the Secretary;
(B) ensuring consideration of and referral for
suspension, debarment, or other necessary actions that
protect the interests of the Federal Government;
(C) managing and sharing relevant documents and
information on contractors for use across the
Department;
(D) requiring timely reporting into a centralized
departmental and Government-wide databases by the
suspension and debarment officials to capture
suspension and debarment activities, document
justifications for decisions, or other relevant
information;
(E) issuing guidance to implement these policies
that is regularly updated and includes definitions for
all relevant terms related to the program; and
(F) timely implementation of agreed upon
recommendations from the Inspector General of the
Department or the Comptroller General of the United
States.
(c) Inspector General Review.--Beginning one year after the date of
enactment of this Act, and every three years thereafter, the Inspector
General of the Department of Homeland Security shall--
(1) conduct audits regarding grant and procurement awards
to identify instances in which a contract or grant was
improperly awarded to a suspended or debarred entity and
whether corrective actions were taken to prevent recurrence;
and
(2) review the suspension and debarment program throughout
the Department to assess whether suspension and debarment
criteria are consistently applied throughout the Department and
whether disparities exist in the application of such criteria,
particularly with respect to business size and categories.
(d) Definitions.--In this section--
(1) the term ``congressional homeland security committees''
has the meaning given the term in section 2 of the Homeland
Security Act of 2002, as amended by this Act;
(2) the term ``Department'' means the Department of
Homeland Security; and
(3) the term ``Secretary'' means the Secretary of Homeland
Security.
SEC. 324. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO NATIONAL
SECURITY INTERESTS ACCORDING TO CERTAIN CRITERIA.
(a) Requirement.--The Secretary shall ensure that any procurement
of covered items for a frontline operational component meets the
following criteria:
(1) To the maximum extent possible, not less than one-third
of funds obligated in a specific fiscal year for the
procurement of such covered items shall be covered items that
are manufactured in part or provided in the United States by
entities that qualify as small business concerns (as such term
is described under section 3 of the Small Business Act (15
U.S.C. 632)).
(2) Each prime contractor, with respect to the procurement
of such covered items, shall ensure, to the maximum extent
practicable, the following:
(A) Each first-tier subcontractor and end item
manufacturer complies with the contractor code of
business ethics and conduct under section 3509 of title
41, United States Code, and the Federal Acquisition
Regulation.
(B) Each first-tier subcontractor and end-item
manufacturer is in compliance with a standard
identified by the Secretary as appropriate for quality,
such as ISO 9001:2015 of the International Organization
for Standardization.
(C) The ability of a first-tier subcontractor to
fulfill the terms of the contract is verified.
(3) Each supplier of such a covered item with an insignia
(such as any patch, badge, or emblem) and each supplier of such
an insignia, if such covered item with such insignia or such
insignia, as the case may be, is not produced, applied, or
assembled in the United States, shall--
(A) store such covered item with such insignia or
such insignia in a locked area;
(B) report any pilferage or theft of such covered
item with such insignia or such insignia occurring at
any stage before delivery of such covered item with
such insignia or such insignia; and
(C) destroy any defective or unusable covered item
with insignia or insignia in a manner established by
the Secretary, and maintain records, for 3 years after
the creation of such records, of such destruction that
include the date of such destruction, a description of
the covered item with insignia or insignia destroyed,
the quantity of the covered item with insignia or
insignia destroyed, and the method of destruction.
(b) Pricing.--The Secretary shall ensure that covered items are
purchased at a fair and reasonable price, consistent with the
procedures and guidelines specified in the Federal Acquisition
Regulation.
(c) Report.--Not later than 180 days after the date of the
enactment of this section and annually thereafter, the Secretary shall
provide to the Committee on Homeland Security, the Committee on
Oversight and Reform, and the Committee on Appropriations of the House
of Representatives, and the Committee on Homeland Security and
Governmental Affairs and the Committee on Appropriations of the Senate
a report on the following:
(1) Instances in which vendors have failed to meet
deadlines for delivery of covered items and corrective actions
taken by the Department in response to such instances.
(2) The status of efforts to carry out paragraph (1) of
subsection (a).
(3) A description of how the Department ensures the
compliance of each prime contractor with the requirements of
paragraph (2) of subsection (a) and any instances of non-
compliance.
(d) Department Frontline Operational Component Described.--In this
section, the term ``Department frontline operational component'' refers
to any of the following components of the Department:
(1) United States Customs and Border Protection.
(2) United States Immigration and Customs Enforcement.
(3) The United States Secret Service.
(4) The Transportation Security Administration.
(5) The Cybersecurity and Infrastructure Security Agency.
(6) The Federal Protective Service.
(7) The Federal Emergency Management Agency.
(8) The Federal Law Enforcement Training Centers.
(e) Determination.--If the Secretary determines that compliance
with paragraph (1) of subsection (a) is impractical, the Secretary
shall, not later than 15 days after making such determination, submit
to the Committee on Homeland Security of the House of Representatives
and Committee on Homeland Security and Governmental Affairs of the
Senate an explanation relating to such determination and specifics
regarding what percentage of covered items will be procured by small
business concerns.
(f) Exception.--This section shall not apply to the purchase of
covered items by the Department to be used by the Department for
training purposes.
(g) Covered Item Described.--In this section, the term ``covered
item'' refers to any of the following with respect to a Department
frontline operational component:
(1) Body armor components intended to provide ballistic
protection for an individual, consisting of one or more of the
following:
(A) Soft ballistic panels.
(B) Hard ballistic plates.
(C) Concealed armor carriers worn under a uniform.
(D) External armor carriers worn over a uniform.
(2) Helmets that provide ballistic protection and other
head protection and components.
(3) Protective eyewear.
(4) Rain gear, cold weather gear, other environmental and
flame-resistant clothing.
(5) Footwear.
(6) Uniforms.
(7) Bags and packs.
(8) Holsters and tactical pouches.
(9) Patches, insignia, and embellishments.
(10) Respiratory protective masks.
(11) Chemical, biological, radiological, and nuclear
protective gear.
(12) Hearing protection equipment.
(13) Any other critical safety item as determined
appropriate by the Secretary.
(h) Effective Date.--This section applies with respect to a
contract entered into by the Department or any of its frontline
operational components after 120 days of enactment of this Act.
(i) Sense of Congress.--It is the sense of Congress that the
Secretary should endeavor to ensure that the majority of covered items
for a frontline operational component procured by the Department are
manufactured in the United States by entities that qualify as small
business concerns.
(j) Study.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
study of the adequacy of allowances provided to employees of Department
of Homeland Security frontline operational components (as such term is
described in section 836 of the Homeland Security Act of 2002, as added
by subsection (a)). Such study shall be informed by a Department-wide
survey of employees from across the Department who receive uniform
allowances that seeks to ascertain what, if any, improvements could be
made to the current uniform allowances and what, if any, impacts
current allowances have had on employee morale and retention. Such
study shall also consider increasing by 25 percent, at minimum, the
uniform allowance for first year employees and by 50 percent, at
minimum, the annual allowance for all other employees.
SEC. 325. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE
UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--The Secretary of Homeland Security may not
operate, provide financial assistance for, or enter into or renew a
contract for the procurement of--
(1) an unmanned aircraft system (UAS) that--
(A) is manufactured in a covered foreign country or
by a corporation domiciled in a covered foreign
country;
(B) uses flight controllers, radios, data
transmission devices, cameras, or gimbals manufactured
in a covered foreign country or by a corporation
domiciled in a covered foreign country;
(C) uses a ground control system or operating
software developed in a covered foreign country or by a
corporation domiciled in a covered foreign country; or
(D) uses network connectivity or data storage
located in or administered by a corporation domiciled
in a covered foreign country; or
(2) a system manufactured in a covered foreign country or
by a corporation domiciled in a covered foreign country for the
detection or identification of covered unmanned aircraft
systems.
(b) Waiver.--The Secretary of Homeland Security may waive the
prohibition under subsection (a) on a case by case basis by certifying
in writing to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate that the operation or procurement that is the
subject of such a waiver is required--
(1) in the national interest of the United States;
(2) for counter-UAS surrogate testing and training; or
(3) for intelligence, electronic warfare, or information
warfare operations, testing, analysis, and or training.
(c) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered foreign
country'' means a country labeled as a strategic competitor in
the ``Summary of the 2018 National Defense Strategy of the
United States of America: Sharpening the American Military's
Competitive Edge'' issued by the Department of Defense pursuant
to section 113 of title 10, United States Code.
(2) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given such term in section 44801 of
title 49, United States Code.
Subtitle C--Acquisition Program Management Accountability and
Transparency
SEC. 331. CONGRESSIONAL NOTIFICATION FOR MAJOR ACQUISITION PROGRAMS.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the
end the following new section:
``SEC. 839. CONGRESSIONAL NOTIFICATION AND OTHER REQUIREMENTS FOR MAJOR
ACQUISITION PROGRAM BREACH.
``(a) Requirements Within Department in Event of Breach.--
``(1) Notifications.--
``(A) Notification of breach.--If a breach (as such
term is defined in section 830) occurs, or is expected
to occur, in a major acquisition program, the program
manager for such program shall notify the Component
Acquisition Executive for such program, the head of the
component concerned, the Executive Director of the
Program Accountability and Risk Management office, and
the Under Secretary for Management in writing not later
than 30 days after such breach is identified.
``(B) Notification to secretary.--If a breach
occurs, or is expected to occur, in a major acquisition
program and such breach results in an increase greater
than 15 percent of a cost threshold, a delay greater
than 180 days of a schedule threshold, or a failure to
meet any of the performance thresholds specified in the
most recently approved acquisition program baseline for
such program, the Component Acquisition Executive for
such program shall notify the Secretary in writing not
later than five days after the Component Acquisition
Executive for such program is notified of the breach
pursuant to subparagraph (A).
``(C) Notification to congress.--If a notification
to the Secretary is made under subsection (B) relating
to a breach in a major acquisition program, the Under
Secretary for Management shall notify the congressional
homeland security committees (as such term is defined
in section 830) of such breach in writing not later
than 30 days after the notification is made to the
Secretary.
``(2) Remediation plan and root cause analysis.--
``(A) In general.--If a breach occurs, or is
expected to occur, in a major acquisition program, the
program manager for such program shall, in coordination
with the Component Acquisition Executive for such a
program, submit to the head of the component concerned,
the Executive Director of the Program Accountability
and Risk Management office, and the Under Secretary for
Management in writing a remediation plan and root cause
analysis relating to such breach and program. Such plan
and analysis shall be submitted at a date established
at the discretion of the Under Secretary for
Management.
``(B) Remediation plan.--The remediation plan
required under this subparagraph (A) shall--
``(i) explain the circumstances of the
breach at issue;
``(ii) include a root cause analysis that
determines the underlying cause or causes of
the breach, including the role, if any, of--
``(I) unrealistic performance
expectations;
``(II) unrealistic baseline
estimates for cost or schedule or
changes in program requirements;
``(III) immature technologies or
excessive manufacturing or integration
risk;
``(IV) unanticipated design,
engineering, manufacturing, or
technology integration issues arising
during program performance;
``(V) changes to the scope of such
program;
``(VI) inadequate program funding
or changes in planned out-year funding
from one 5-year funding plan to the
next 5-year funding plan as outlined in
the Future Years Homeland Security
Program required under section 874;
``(VII) legislative, legal, or
regulatory changes;
``(VIII) inadequate program
management personnel, including lack of
sufficient number of staff, training,
credentials, certifications; or
``(IX) inadequate assessment or
mitigation of program risk;
``(iii) propose corrective action to
address the underlying cause or causes of the
breach as identified in clause (ii);
``(iv) explain the rationale for why a
proposed corrective action is recommended
compared to other options considered; and
``(v) identify the estimated impact on
program cost, schedule, and performance goals
of implementing the proposed corrective action,
and the extent to which funding from other
programs will need to be reduced to cover the
cost growth of such program.
``(3) Review of remediation plans.--
``(A) In general.--The Under Secretary for
Management shall review the remediation plan required
under paragraph (2). The Under Secretary may approve
such plan or provide an alternative proposed corrective
action, including cancelling the program, within 30
days of the submission of such plan under such
paragraph. Programs that submit a breach notification
to the Secretary pursuant to subsection (a)(1)(B) shall
pause all activities other than those necessary to
develop the remediation plan required under subsection
(a)(2)(B) until the Under Secretary for Management
approves such a plan or provides alternative corrective
actions for the program.
``(B) Documentation.--The Under Secretary for
Management shall document the result of the review
required under subparagraph (A) in an acquisition
decision memorandum. If the program is approved to
continue, the Under Secretary for Management shall
certify in the acquisition decision memorandum that--
``(i) such program is essential to the
accomplishment of the Department's mission;
``(ii) there are no alternatives to the
capability or asset provided by such program
that will provide equal or greater capability
in both a more cost-effective and timely
manner;
``(iii) the estimated impact on program
cost, schedule, and performance goals of
implementing the proposed corrective action are
reasonable; and
``(iv) the management structure for such
program is adequate to manage and control cost,
schedule, and performance.
``(C) Submission to congress.--Not later than 30
days after the review required under subparagraph (A)
is completed, the Under Secretary for Management shall
submit to the congressional homeland security
committees a copy of the remediation plan and the root
cause analysis required under paragraph (2).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by inserting after the item relating to
section 838 the following new item:
``Sec. 839. Congressional notification and other requirements for major
acquisition program breach.''.
SEC. 332. ACQUISITION REPORTS.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the
end the following new section:
``SEC. 840. ACQUISITION REPORTS.
``(a) Congressional Acquisition Progress Report.--
``(1) In general.--At the same time as the President's
budget is submitted for a fiscal year under section 1105(a) of
title 31, United States Code, the Under Secretary for
Management shall submit to the congressional homeland security
committees (as such term is defined in section 830) and the
Comptroller General of the United States an annual acquisition
progress report. The report shall include the following:
``(A) A listing of programs that have been
cancelled, paused, or are in breach pursuant to the
section 838 of the Homeland Security Act of 2002 (as
amended).
``(B) A listing of programs being tracked on the
Master Acquisition Oversight List pursuant to
subsection (b)(12) of section 711 of the Homeland
Security Act of 2002 as amended that have not yet
established an initial Department-approved acquisition
program baseline.
``(C) A listing of established Executive Steering
Committees, which provide governance of a program or
related set of programs and lower-tiered oversight, and
support between acquisition decision events and
component reviews, including the mission and membership
for each.
``(2) Information for major acquisition programs.--For each
major acquisition program on the Master Acquisition Oversight
List pursuant to subsection (b)(12) of section 711 of the
Homeland Security Act of 2002 as amended that has at least one
Department-approved acquisition program baseline and has not
yet fully deployed all planned capabilities, the report shall
include the following:
``(A) A narrative describing the purpose of the
program, including the capabilities being acquired and
the component(s) sponsoring the acquisition.
``(B) Acquisition Review Board status of each
acquisition, including the current acquisition phase,
the date of the last review, and a listing of the
required documents that have been completed with the
dates approved.
``(C) A comparison of the cost goals in the first
Department-approved acquisition program baseline, the
current Department-approved acquisition program
baseline, and the current estimate. The comparison
shall include the timeframe and confidence interval for
each source and a description of and rationale for any
changes.
``(D) A comparison of the schedule goals in the
first Department-approved acquisition program baseline,
the current Department-approved acquisition program
baseline, and the current schedule. The comparison
shall identify what each event is expected to achieve
and include a description of and rationale for any
changes.
``(E) A comparison of the performance goals in the
first Department-approved acquisition program baseline
and the current Department-approved acquisition program
baseline. The comparison shall identify the rationale
for any changes and whether the current performance
goal has been demonstrated.
``(F) A list of key test and evaluation events,
including dates they are planned or occurred.
``(G) Top five risks associated with the program,
including narrative descriptions and mitigation
actions.
``(H) Contract status, including earned value
management data as applicable.
``(I) Total number of increments or units to be
acquired, as appropriate, including a schedule
outlining the quantity of increments or units to be
procured annually until procurement is complete, as
appropriate.
``(J) A table delineated by appropriation that
provides (for prior years; past year; current year;
budget year; budget year plus one; budget year plus
two; budget year plus three; budget year plus four and
beyond; and total cost) the actual or estimated
appropriations, obligations, unobligated authority, and
planned expenditures.
``(3) Updates.--The Under Secretary for Management shall
submit quarterly updates to such report not later than 45 days
after the completion of each quarter. The updates shall be
submitted to the congressional homeland security committees (as
such term is defined in section 830) and include the same
information under paragraph (1) and (2) for any major
acquisition program--
``(A) that has been newly established since the
annual report was submitted; or
``(B) that has received approval for a revised
acquisition program baseline.
``(b) Comptroller General Reviews.--
``(1) Briefing.--Not later than three months after each
annual report under subsection (a) is submitted, the
Comptroller General of the United States shall brief the
congressional homeland security committees (as such term is
defined in section 830) on the contents of each such report,
including observations on the accuracy of the information
presented and any other risks or challenges the Department
faces in managing its acquisition portfolio.
``(2) Review.--Not later than three years after submission
of the first annual report under subsection (a), the
Comptroller General of the United States shall evaluate and
submit to the congressional homeland security committees a
report on the reliability of the data used to prepare such
reports.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by inserting after the item relating to
section 839 the following new item:
``Sec. 840. Acquisition reports.''.
TITLE IV--OTHER REFORMS
SEC. 401. QUADRENNIAL HOMELAND SECURITY REVIEW.
(a) In General.--Section 706 of the Homeland Security Act of 2002
(as redesignated by this Act; relating to the Quadrennial Homeland
Security Review) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) representatives from appropriate advisory
committees established pursuant to section 871, the
Homeland Security Advisory Council, and the Homeland
Security Science and Technology Advisory Committee, or
otherwise established, including the Aviation Security
Advisory Committee established pursuant to section
44946 of title 49, United States Code; and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting before the
semicolon at the end the following: ``based on the risk
assessment required pursuant to subsection (c)(2)(B)'';
(B) in paragraph (3)--
(i) by inserting ``, to the extent
practicable,'' after ``describe''; and
(ii) by striking ``budget plan'' and
inserting ``resources required'';
(C) in paragraph (4)--
(i) by inserting ``, to the extent
practicable,'' after ``identify'';
(ii) by striking ``budget plan required to
provide sufficient resources to successfully''
and inserting ``resources required to''; and
(iii) by striking the semicolon at the end
and inserting ``, including any resources
identified from redundant, wasteful, or
unnecessary capabilities and capacities that
can be redirected to better support other
existing capabilities and capacities, as the
case may be; and'';
(D) in paragraph (5), by striking ``; and'' and
inserting a period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``December 31 of
the year'' and inserting ``60 days after the date of
the submission of the President's budget for the fiscal
year after the fiscal year'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``description of the threats to'' and inserting
``risk assessment of'';
(ii) in subparagraph (C), by inserting ``,
as required under subsection (b)(2)'' before
the semicolon at the end;
(iii) in subparagraph (D)--
(I) by inserting ``to the extent
practicable,'' before ``a
description''; and
(II) by striking ``budget plan''
and inserting ``resources required'';
(iv) in subparagraph (F)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
and
(II) by striking ``the status of'';
(v) in subparagraph (G)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
(II) by striking ``the status of'';
(III) by inserting ``and risks''
before ``to national homeland''; and
(IV) by inserting ``and'' after the
semicolon at the end;
(vi) by striking subparagraph (H); and
(vii) by redesignating subparagraph (I) as
subparagraph (H);
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting after paragraph (2) the following
new paragraph (3):
``(3) Documentation.--The Secretary shall retain and, upon
request, provide to Congress the following documentation
regarding each quadrennial homeland security review:
``(A) Records regarding the consultation carried
out the pursuant to subsection (a)(3), including the
following:
``(i) All written communications, including
communications sent out by the Secretary and
feedback submitted to the Secretary through
technology, online communications tools, in-
person discussions, and the interagency
process.
``(ii) Information on how feedback received
by the Secretary informed the quadrennial
homeland security review.
``(B) Information regarding the risk assessment, as
required under subsection (c)(2)(B), including the
following:
``(i) The risk model utilized to generate
the risk assessment.
``(ii) Information, including data used in
the risk model, utilized to generate the risk
assessment.
``(iii) Sources of information, including
other risk assessments, utilized to generate
the risk assessment.
``(iv) Information on assumptions, weighing
factors, and subjective judgments utilized to
generate the risk assessment, together with
information on the rationale or basis
thereof.''; and
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new
subsection (d):
``(d) Review.--Not later than 90 days after the submission of each
report required under subsection (c)(1), the Secretary shall provide to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate information on the degree to which the findings and
recommendations developed in the quadrennial homeland security review
covered by each such report were integrated into the acquisition
strategy and expenditure plans for the Department.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to a quadrennial homeland security review conducted
after December 31, 2021.
SEC. 402. LIMITATIONS REGARDING SECRETARIAL AUTHORITIES ASSOCIATED WITH
THE PROTECTION OF PUBLIC PROPERTY.
Section 1315 of title 40, United States Code, is amended--
(1) in subsection (b)(1)--
(A) by striking ``of the Department of Homeland
Security, including employees transferred to the
Department'' and insert ``transferred to the Department
of Homeland Security''; and
(B) by striking ``2002,'' and inserting ``2002'';
(2) in subsection (b)(2)--
(A) by striking ``While engaged in the performance
of official duties,'' and inserting ``To the extent
necessary to protect the property described in
subsection (a) and persons on such property,'';
(B) in subparagraph (B) by striking ``firearms''
and inserting ``a firearm'';
(C) in subparagraph (C) by striking ``if the
officer or agent has reasonable grounds to believe that
the person to be arrested has committed or is
committing a felony;'' and inserting the following:
``if--
``(i) the officer or agent has probable
cause to believe that the person to be arrested
has committed, is committing, or is about to
commit a felony on or related to property owned
or occupied by the Federal Government;
``(ii) the arrest--
``(I) occurs on the Federal
property or an area in the immediate
vicinity of the property and does not
extend beyond any adjacent sidewalk,
public street, or other adjacent areas;
``(II) in the case of an agreement
under subsection (e), occurs in an area
in which arrests are permitted under
the parameters established in such
agreement; or
``(III) is carried out in an area
not covered under subclause (I) or (II)
only if--
``(aa) the officer or agent
is in active pursuit of a
person who is otherwise subject
to arrest under this
subparagraph; and
``(bb) such person exits
the area covered by subclause
(I) or (II), as applicable,
during such pursuit; and
``(iii) there are specific and articulable
facts to support a reasonable belief that the
person may--
``(I) escape before a warrant can
be obtained for his or her arrest;
``(II) destroy evidence; or
``(III) continue the commission of
a felony on or related to property
owned or occupied by the Federal
Government;'';
(D) in subparagraph (E) by striking ``; and'' and
inserting ``, except that such investigations and any
associated surveillance are restricted solely to
offenses that may have been committed against property
owned or occupied by the Federal Government; and''; and
(E) by striking subparagraph (F) and inserting the
following:
``(F) carry out such other activities necessary to
protect the property described in subsection (a) and
persons on such property as the Secretary may
prescribe.'';
(3) in subsection (e)--
(A) by striking ``the Secretary may enter into
agreements'' and inserting ``the Secretary shall enter
into agreements, including memoranda of
understanding,''; and
(B) by adding at the end the following: ``Any
agreement, including memoranda of understanding,
entered into under this subsection shall include a
requirement that all officers and agents designated
under this subsection and subject to such agreement
wear body cameras while on duty.'';
(4) by redesignating subsections (f) and (g) as subsections
(h) and (i), respectively; and
(5) by inserting after subsection (e) the following:
``(f) Identification as Federal Officer.--An officer or agent
designated under this subsection shall, while engaged in the
performance of official duties, display--
``(1) appropriate insignia identifying the department or
agency of the Department of Homeland Security from which such
officer or agent has been designated; and
``(2) the full name of the officer or agent.
``(g) Limitation on Arrests.--With respect to any arrest carried
out under subsection (b)(2)(C), the officer or agent shall--
``(1) identify himself or herself and the department or
agency in which such officer or agent is employed;
``(2) inform the individual being arrested of the cause for
such arrest;
``(3) in the case of an arrest carried out pursuant to an
agreement under subsection (e), notify any State or local
government that is party to such agreement of the arrest; and
``(4) document the details of the arrest and the cause for
such arrest.''.
SEC. 403. BIOMETRIC ENTERPRISE MANAGEMENT.
(a) Biometrics and Identity Management Development and Strategy.--
Not later than one year after the date of the enactment of this Act,
the Under Secretary for Strategy, Policy, and Plans shall, in
coordination with the Privacy Officer and Civil Rights and Civil
Liberties Officer, and consultation with appropriate heads of
components or offices within the Department, develop and coordinate a
biometrics and identity management enterprise strategy for the
Department that includes guidance and requirements regarding the front-
end collection, use, retention, sharing, and disposal of biometric
information by and within the Department and requires the establishment
of robust privacy protections for individuals that, with respect to the
United States VISIT program and any other such passenger facilitation
program, prioritizes securing voluntary consent for the capture of
biometrics from individuals through an opt-in approach rather than an
opt-out approach. Upon the issuance of the strategy, no component head
shall be authorized to initiate or expand a pilot or program that
includes biometrics or identity management without the Secretary
determining that the program is consistent with this strategy or
successor strategy.
(b) Compliance With Department Biometrics and Identity Management
Strategy.--The Under Secretary for Management shall--
(1) not later than 180 days after the issuance of the
biometrics and identity management enterprise strategy required
under subsection (a) of this section, issue determinations
regarding compliance with the strategy for each pilot or
program of the Department that uses biometric technologies or
information and, where necessary, a corresponding corrective
action plan for the pilot or program to come into compliance
with the strategy within a year;
(2) upon issuance of determinations pursuant to paragraph
(1), submit determinations together with any corresponding
corrective action plans to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
(3) two years after enactment of this Act, submit
certifications for each pilot or program that the Secretary
determines to be in compliance the strategy to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate and notification of the suspension or cancellation of
any pilots or programs that are not in compliance with the
strategy.
(c) Inventory.--Within 180 days of enactment of this Act, the Under
Secretary for Management, in coordination with the Under Secretary for
Science and Technology, 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 inventory of all
pilots and programs of the Department that use biometric technologies
or information. The inventory shall include, at a minimum, the
following information for each pilot and program--
(1) the components or Department offices involved,
including their roles and responsibilities;
(2) the purpose of the pilot or program, including reason
for the use of biometric technologies or information in the
pilot or program;
(3) a description of functionality, including an overview
of any technologies or systems used to capture, share, or match
biometric information;
(4) the timeframes and locations of key events, including
the actual or planned initiation and completion dates for test
activities and technology deployments;
(5) estimated total cost and funding sources;
(6) any contracts or agreements entered into with other
Federal departments and agencies, private or third-party
entities, and educational institutions;
(7) status of implementation, including any transition
plans for pilots; and
(8) status of plans for developing and issuing any related
rulemakings or privacy impact assessments.
(d) Assessment.--Within one year of submitting the inventory
required under subsection (a), the Under Secretary for Science and
Technology shall conduct and 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 all
pilots or programs of the Department that use biometric technologies or
information that involves facial recognition or iris scanning. The
assessment shall, at a minimum, review--
(1) the impact of device specifications and installation
factors, such as camera quality, lighting, and internet
connectivity, of biometric collection technologies on the
Department's ability to capture accurate data across all
demographic groups, including across age, sex, skin tone, and
disability status, alone and in combination with each other, to
inform minimum biometric capture device standards;
(2) proposed or implemented biometric collection methods to
capture accurate data across all demographic groups;
(3) information security of biometric technology or
systems, including lessons learned to improve resiliency
against tampering or cyber threats; and
(4) independent testing results of biometric matching
algorithms to verify accuracy across all demographic groups.
(e) Limitation on Expanding Biometric Air Exit Capabilities.--
(1) Requirement.--The Under Secretary for Management shall
prohibit U.S. Customs and Border Protection from expanding
biometric air exit capabilities to additional airports, air
terminals, or airlines, until it has demonstrated for at least
three consecutive months that the program meets its validated
user requirement for capturing live biometric images of in-
scope travelers on participating flights for capabilities
already deployed as of the date of the enactment of this Act.
(2) Definition.--In this section, the term ``in-scope
traveler'' means any person who is required to provide
biometrics upon exit from the United States pursuant to section
215.8(a)(1) of title 8, Code of Federal Regulations.
SEC. 404. ENHANCED DEPARTMENTAL OVERSIGHT OF CERTAIN INTELLIGENCE
MATTERS.
Paragraph (9) of section 201(d) of the Homeland Security Act of
2002 (6 U.S.C. 121(d)) is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon;
(2) in subparagraph (B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) any intelligence information under this Act
is, to the extent practicable, shared, retained, and
disseminated consistent with the protection of privacy
rights, civil rights, and civil liberties, as
determined, respectively, by the Chief Privacy Officer
and the Officer for Civil Rights and Civil
Liberties.''.
SEC. 405. PRIVACY, CIVIL RIGHTS, AND CIVIL LIBERTIES COORDINATION
REQUIRED.
No head of a component or office may initiate, modify, or expand a
program that may substantially impact the privacy, civil rights, and
civil liberties of individuals or includes the collection of personally
identifiable information unless prior to the initiation, modification,
or expansion, the head of the component or office has done so in
coordination with the Chief Privacy Officer and the Officer for Civil
Rights and Civil Liberties of the Department.
SEC. 406. DEPARTMENT-WIDE SOCIAL MEDIA POLICY.
(a) In General.--Not later than 180 days after enactment of this
Act, the Secretary, acting through the Under Secretary for Management,
shall issue a Department-wide management directive for social media
activity on official Departmental accounts that shall include--
(1) the roles and responsibilities of Department offices,
including the Office of the General Counsel and Privacy Office,
in monitoring the Department's compliance with the social media
policy;
(2) a discussion of applicable Federal laws, regulations,
and requirements that apply to social media use, including
those related to information quality, such as the Data Quality
Act, ethical conduct, protecting individual privacy, and
records management;
(3) the process for authorizing an official, Department
branded social media account;
(4) training requirements, to include mass communication
and ethics training, for authorizing agency officials to use
Department accounts to communicate in their official capacity;
and
(5) guidance for the personal use of social media accounts
not related to official duties.
(b) Publication.--The Secretary shall maintain a list of all
current official social media accounts of the Department on the website
of the Department.
SEC. 407. PROPAGANDA PROHIBITED.
(a) In General.--Not later than 90 days after enactment of this
Act, the Secretary, acting through the Under Secretary for Management,
shall issue a Department-wide directive and corresponding oversight
mechanisms to all personnel prohibiting the origination or circulation
of propaganda internally or externally, including with respect to
public-facing materials.
(b) Inspector General Review.--Not later than September 30, 2022,
the Inspector General of the Department shall review--
(1) the Department's internal and external communications
associated with the August 2020 Kenosha, Wisconsin shooting;
the 2020 protests in Portland, Oregon; and the issuance of
Executive Order 13769 to determine if there is evidence of the
Department engaging in propaganda as defined under this Act;
(2) implementation of subsection (a); and
(3) issue recommendations, as appropriate, to strengthen
protections against the engagement of propaganda within the
Department.
(c) Propaganda Defined.--For purposes of this section, the term
``propaganda'' means information disseminated with the intent to
promote or publicize a particular political cause or point of view,
including--
(1) materials designed to support or defeat the enactment
of legislation before the Congress or any State or local
legislature or legislative body;
(2) materials designed to support or defeat proposed or
pending regulation, administrative action, or order issued by
the Executive Branch including any State or local government;
(3) materials self-aggrandizing or overly publicizing and
emphasizing the importance of the agency or activity in
question;
(4) materials that are prepared by the agency or its
contractors at the behest of the agency and circulated as the
ostensible position of parties outside the agency without
disclosure that the information originated with the Department;
and
(5) purely partisan materials, those designed to aid a
particular political party or candidate.
SEC. 408. LIMITS ON EXPENSES FOR A SWEARING-IN CEREMONY.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Homeland Security may not obligate or expend any Federal
funds or use any Government property for a reception or gathering after
a swearing-in ceremony.
(b) Exception.--At the discretion of the Secretary of Homeland
Security, the Secretary may obligate and expend Federal funds or use
Government property during an initial swearing-in ceremony for a
presidential appointee within the Department of Homeland Security for
meals or refreshments served during such ceremony if the total cost
does not exceed an amount established by the Secretary not later than
90 days after the date of the enactment of this section.
(c) Reporting.--Not later than 60 days after the end of each fiscal
year beginning with fiscal year 2021, the Secretary of Homeland
Security, acting through the Chief Financial Officer of the Department
of Homeland Security, shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate an annual report on all
funds expended during swearing-in ceremonies described in subsection
(b).
(d) Definitions.--In this section:
(1) Government property.--The term ``Government property''
has the meaning given such term in section 2635.704(b)(1) of
title 5, Code of Federal Regulations.
(2) Swearing-in ceremony.--The term ``swearing-in
ceremony'' means a gathering at which the swearing-in of a
Department of Homeland Security official occurs.
SEC. 409. CONFLICT OF INTEREST AWARENESS AND REPORTING.
No later than 90 days after enactment, the Chief Procurement
Officer shall--
(1) disseminate existing laws, regulations, and agency
policies related to avoiding personal conflicts of interest and
improper business practices to all Department contracting and
grant officials, as well as information regarding protections
for such officials that report any attempt or actual
interference by a Department, Administration, or other elected
official or private individual with a conflict of interest or a
desire to unfairly influence the procurement process; and
(2) require that all Department contracting and grant
officials certify receipt and review of the information
disseminated under paragraph (1).
SEC. 410. MENTOR-PROTEGE PROGRAM.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the
following new section:
``SEC. 890E. MENTOR-PROTEGE PROGRAM.
``(a) Establishment.--There is established in the Department a
mentor-protege program (in this section referred to as the `Program')
under which a mentor firm enters into an agreement with a protege firm
for the purpose of assisting the protege firm to compete for prime
contracts and subcontracts of the Department.
``(b) Eligibility.--The Secretary shall establish criteria for
mentor firms and protege firms to be eligible to participate in the
Program, including a requirement that a firm is not included on any
list maintained by the Federal Government of contractors that have been
suspended or debarred.
``(c) Program Application and Approval.--
``(1) Application.--The Secretary, acting through the
Office of Small and Disadvantaged Business Utilization of the
Department, shall establish a process for submission of an
application jointly by a mentor firm and the protege firm
selected by the mentor firm. The application shall include each
of the following:
``(A) A description of the assistance to be
provided by the mentor firm, including, to the extent
available, the number and a brief description of each
anticipated subcontract to be awarded to the protege
firm.
``(B) A schedule with milestones for achieving the
assistance to be provided over the period of
participation in the Program.
``(C) An estimate of the costs to be incurred by
the mentor firm for providing assistance under the
Program.
``(D) Attestation that Program participants will
submit to the Secretary reports at times specified by
the Secretary to assist the Secretary in evaluating the
protege firm's developmental progress.
``(E) Attestations that Program participants will
inform the Secretary in the event of change in
eligibility or voluntary withdrawal from the Program.
``(2) Approval.--Not later than 60 days after receipt of an
application pursuant to paragraph (1), the head of the Office
of Small and Disadvantaged Business Utilization shall notify
applicants of approval or, in the case of disapproval, the
process for resubmitting an application for reconsideration.
``(3) Rescission.--The head of the Office of Small and
Disadvantaged Business Utilization may rescind the approval of
an application under this subsection if it determines that such
action is in the best interest of the Department.
``(d) Program Duration.--A mentor firm and protege firm approved
under subsection (c) shall enter into an agreement to participate in
the Program for a period of not less than 36 months.
``(e) Program Benefits.--A mentor firm and protege firm that enter
into an agreement under subsection (d) may receive the following
Program benefits:
``(1) With respect to an award of a contract that requires
a subcontracting plan, a mentor firm may receive evaluation
credit for participating in the Program.
``(2) With respect to an award of a contract that requires
a subcontracting plan, a mentor firm may receive credit for a
protege firm performing as a first tier subcontractor or a
subcontractor at any tier in an amount equal to the total
dollar value of any subcontracts awarded to such protege firm.
``(3) A protege firm may receive technical, managerial,
financial, or any other mutually agreed upon benefit from a
mentor firm, including a subcontract award.
``(4) Any other benefits identified by the Secretary.
``(f) Reporting.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the head of the Office
of Small and Disadvantaged Business Utilization shall submit to the
Committees on Homeland Security and Small Business of the House of
Representatives a report that--
``(1) identifies each agreement between a mentor firm and a
protege firm entered into under this section, including number
of protege firm participants that are--
``(A) small business concerns;
``(B) small business concerns owned and controlled
by veterans;
``(C) small business concerns owned and controlled
by service-disabled veterans;
``(D) qualified HUBZone small business concerns;
``(E) small business concerns owned and controlled
by socially and economically disadvantaged individuals;
``(F) women-owned small business concerns;
``(G) historically Black colleges and universities;
and
``(H) minority institutions of higher education;
``(2) describes the type of assistance provided by mentor
firms to protege firms;
``(3) identifies contracts within the Department in which a
mentor firm serving as the prime contractor provided
subcontracts to a protege firm under the Program; and
``(4) assesses the degree to which there has been--
``(A) an increase in the technical capabilities of
protege firms; and
``(B) an increase in the quantity and estimated
value of prime contract and subcontract awards to
protege firms for the period covered by the report.
``(g) Definitions.--In this section:
``(1) Historically black college or university.--The term
`historically Black college or university' means any of the
historically Black colleges and universities referred to in
section 2323 of title 10, United States Code, as in effect on
March 1, 2018.
``(2) Mentor firm.--The term `mentor firm' means a for-
profit business concern that is not a small business concern
that--
``(A) has the ability to assist and commits to
assisting a protege to compete for Federal prime
contracts and subcontracts; and
``(B) satisfies any other requirements imposed by
the Secretary.
``(3) Minority institution of higher education.--The term
`minority institution of higher education' means an institution
of higher education with a student body that reflects the
composition specified in section 312(b) of the Higher Education
Act of 1965 (20 U.S.C. 1058(b)).
``(4) Protege firm.--The term `protege firm' means a small
business concern, a historically Black college or university,
or a minority institution of higher education that--
``(A) is eligible to enter into a prime contract or
subcontract with the Department; and
``(B) satisfies any other requirements imposed by
the Secretary.
``(5) Small business act definitions.--The terms `small
business concern', `small business concern owned and controlled
by veterans', `small business concern owned and controlled by
service-disabled veterans', `qualified HUBZone small business
concern', and `small business concern owned and controlled by
women' have the meaning given such terms, respectively, under
section 3 of the Small Business Act (15 U.S.C. 632). The term
`small business concern owned and controlled by socially and
economically disadvantaged individuals' has the meaning given
such term in section 8(d)(3)(C) of the Small Business Act (15
U.S.C. 637(d)(3)(C)).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 890D the following new item:
``Sec. 890E. Mentor-protege program.''.
SEC. 411. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES (HBCUS) HOMELAND
SECURITY PARTNERSHIPS.
(a) Department-Wide Strategy for Enhanced Partnerships With
Historically Black Colleges and Universities and Minority-Serving
Institutions.--Not later than 90 days after the date of the enactment
of this Act, the Secretary, acting through the Under Secretary for
Strategy, Policy, and Plans of the Department, shall--
(1) issue a Department-wide strategy to enhance
partnerships with historically Black colleges and universities
and minority-serving institutions that includes yearly goals,
including goals related to improving recruitment and hiring,
research and development, and acquisition opportunities at such
institutions, through fiscal year 2025; and
(2) require the head of each component of the Department
to--
(A) not later than 150 days after the date of the
issuance under paragraph (1) of the Department-wide
strategy, develop a component-specific action plan to
implement such strategy;
(B) monitor progress on such implementation; and
(C) not later than one year after the date of such
issuance, report to the Secretary regarding progress on
such implementation.
(b) Enhancement of Research and Development Partnerships.--The
Secretary shall seek to enhance partnerships with historically Black
colleges and universities and minority-serving institutions with
respect to administering the research and development activities of the
Department by, among other things--
(1) encouraging the participation of such colleges,
universities, and institutions in the research, development,
testing, and evaluation programs and activities of the
Department;
(2) facilitating partnerships between such colleges,
universities, and institutions and private sector stakeholders,
national laboratories, and other academic institutions in areas
important to homeland security, including cybersecurity,
emergency management, and counterterrorism; and
(3) distributing funds through Science and Technology
Directorate grants, cooperative agreements, and contracts to
such colleges, universities, and institutions for enhancements
in areas important to homeland security, including
cybersecurity, emergency management, and counterterrorism.
(c) Career Opportunities Partnerships.--Not later than 120 days
after the date of the enactment of this Act, the Secretary, acting
through the Chief Human Capitol Officer of the Department, shall make
available to historically Black colleges and universities and minority-
serving institutions a current list of internship, fellowship,
scholarship, and recruitment opportunities within the Department for
students and recent graduates of such colleges, universities, and
institutions.
(d) Acquisition Partnerships.--Not later than 120 days after the
date of the enactment of this Act, the Secretary, acting through the
Chief Procurement Officer of the Department, shall--
(1) identify how to increase the participation of
historically Black colleges and universities and minority-
serving institutions in Department acquisitions, including
identifying existing opportunities for historically Black
colleges and universities and minority-serving institutions to
participate in the contracting program of the Small Business
Administration for minorities; and
(2) disseminate to such colleges, universities, and
institutions--
(A) information identified in accordance with
paragraph (1); and
(B) current and future opportunities to participate
in Department acquisitions.
(e) Annual Report.--
(1) In general.--Not later than one year after enactment of
this Act, and annually thereafter through 2026, the Secretary
shall submit to the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the efforts of
the Department to partner with historically Black colleges and
universities and minority-serving institutions to carry out
this Act.
(2) Reporting requirements.--The annual reports required
under subsection (a) shall include the following:
(A) A list of awards, including the corresponding
monetary value for each such award, to historically
Black colleges and universities and minority-serving
institutions, disaggregated by grant, contract,
cooperative agreement, and other research development
test and evaluation activity, initiative, and program.
(B) A description of how the Department is
partnering with historically Black colleges and
universities and minority-serving institutions under
the programs referred to in subsections (b) and (d),
and how such programs have helped such colleges,
universities, and institutions participate in
acquisitions with the Department.
(C) A summary of outreach efforts to historically
Black colleges and universities and minority-serving
institutions, and an identification of any Department
programs and initiatives in which such colleges,
universities, and institutions are under-represented
among institutions of higher education.
(D) A description of the status of efforts made by
the Department pursuant to subsections (a) and (c),
including--
(i) for subsection (a), Department-wide
goals pursuant to the Department-wide strategy
to enhance partnerships with historically Black
colleges and universities and minority-serving
institutions under such section, and the status
of efforts to implement action plans throughout
the Department to carry out such strategy; and
(ii) for subsection (c), participation
rates in each internship, fellowship,
scholarship, and recruitment opportunity
referred to in such section, listed by
historically Black college and university and
minority-serving institution so participating.
(E) A list of memoranda of understanding entered
into by the Department with historically Black colleges
and universities and minority-serving institutions and
information on the parties and scope of each such
memorandum of understanding.
SEC. 412. CHILDREN'S TECHNICAL EXPERT.
Paragraph (2) of section 503(b) of the Homeland Security Act (6
U.S.C. 313(b)) is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(I) identify and integrate the needs of children
into activities to prepare for, protect against,
respond to, recover from, and mitigate against the risk
of natural disasters, acts of terrorism, and other
manmade disasters, including catastrophic incidents,
including by appointing a technical expert, who may
consult with relevant outside organizations and
experts, as necessary, to coordinate such integration,
as necessary.''.
SEC. 413. MODIFICATION OF SECRETARY'S REORGANIZATION AUTHORITY.
Section 872(a) of the Homeland Security Act of 2002 is amended--
(1) in paragraph (1), by striking ``1502(b)'' and inserting
``1502''; and
(2) striking paragraph (2).
SEC. 414. DEFINITIONS.
For purposes of this Act, the following terms should be defined as
follows:
(1) Foreign violent white supremacist extremist
organization.--The term ``foreign violent white supremacist
extremist organization'' means an organization based outside
the United States that seeks, wholly or in part, through
unlawful acts of force or violence, to support a belief in the
intellectual and moral superiority of the white race over other
races.
(2) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(4) Minority-serving institution.--The term ``minority-
serving institution'' means an institution of higher education
described in section 371(a) of the Higher Education Act of 1965
(20 U.S.C. 1067q(a)).
(5) Public-facing materials.--The term ``public-facing
materials'' means any written, audio, or video materials to
inform the public, including press releases, speeches, talking
points, fact sheets, testimony, letters, reports, billboards,
and social media.
(6) Social media.--The term ``social media'' means any
tools and technologies that allow a social media user to share
communications, postings, or information, or participate in
social networking, including but not limited to blogs, social
networks, video, and photo sharing websites, online forums, and
discussion boards, and automated data feeds.
(7) Targeted violence.--The term ``targeted violence''
means any incident of violence in which an attacker selects a
particular target prior to the incident of violence so as to
suggest an intent to inflict mass injury or death and may be an
act of domestic terrorism or international terrorism, or an
attack that otherwise lacks a clearly discernible political or
ideological motivation, such as the June 12, 2016, nightclub
mass shooting in Orlando, Florida, the October 1, 2017, attack
on concert-goers at a music festival in Las Vegas, Nevada, and
the August 3, 2019, mass shooting at a store in El Paso, Texas.
(8) Violent white supremacist extremism.--The term ``white
supremacist extremism'' means an ideology that seeks, wholly or
in part, through unlawful acts of force or violence, to support
a belief in the intellectual and moral superiority of the white
race over other races.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Homeland Security, and in addition to the Committees on Oversight and Reform, the Judiciary, and Transportation and Infrastructure, 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.
Referred to the Committee on Homeland Security, and in addition to the Committees on Oversight and Reform, the Judiciary, and Transportation and Infrastructure, 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.
Referred to the Committee on Homeland Security, and in addition to the Committees on Oversight and Reform, the Judiciary, and Transportation and Infrastructure, 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.
Referred to the Committee on Homeland Security, and in addition to the Committees on Oversight and Reform, the Judiciary, and Transportation and Infrastructure, 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.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line