I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Department of Homeland Security Reform Act of 2020’’ 

6 or the ‘‘DHS Reform Act of 2020’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. 


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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. 


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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-prote ́ge ́ 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. 

1 TITLE I—HEADQUARTERS 

2 REFORMS 

3 Subtitle A—Leadership Reforms 

4 SEC. 101. DEPARTMENTAL LEADERSHIP. 

5 (a) IN GENERAL.—Section 102 of the Homeland Se6 curity Act of 2002 (6 U.S.C. 112) is amended— 

7 (1) in subsection (c), in the matter preceding 

8 paragraph (1), by striking ‘‘through the Office of 

9 State and Local Coordination (established under sec10 tion 801)’’ and inserting ‘‘through the Office of 

11 Partnership and Engagement’’; and 

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(h) HEADQUARTERS.— 

15 ‘‘(1) IN GENERAL.—There is in the Department 

16 a Headquarters. 

17 ‘‘(2) COMPONENTS.—The Headquarters shall 

18 include each of the following: 

19 ‘‘(A) The Office of the Secretary, which 

20 shall include— 


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1 ‘‘(i) the Deputy Secretary; 

2 ‘‘(ii) the Associate Secretary; 

3 ‘‘(iii) the Chief of Staff; and 

4 ‘‘(iv) the Executive Secretary. 

5 ‘‘(B) The Management Directorate, includ6 ing the Office of the Chief Financial Officer, 

7 Federal Protective Service, and Office of Bio8 metric Identity Management. 

9 ‘‘(C) The Science and Technology Direc10 torate. 

11 ‘‘(D) The Office of Strategy, Policy, and 

12 Plans. 

13 ‘‘(E) The Office of the General Counsel. 

14 ‘‘(F) The Office of the Chief Privacy and 

15 FOIA Officer. 

16 ‘‘(G) The Office for Civil Rights and Civil 

17 Liberties. 

18 ‘‘(H) The Office of Operations Coordina19 tion. 

20 ‘‘(I) The Office of Intelligence and Anal21 ysis. 

22 ‘‘(J) The Office of Legislative Affairs. 

23 ‘‘(K) The Office of Public Affairs. 

24 ‘‘(L) The Office of the Inspector General. 


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1 ‘‘(M) The Office of the Citizenship and 

2 Immigration Services Ombudsman. 

3 ‘‘(N) The Countering Weapons of Mass 

4 Destruction Office. 

5 ‘‘(O) The Office of Partnership and En6 gagement. 

7 ‘‘(P) The Ombudsman for Border and Im8 migration Enforcement Related Concerns.’’. 

9 (b) CONFORMING AMENDMENTS.—Section 103(a) of 

10 the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is 

11 amended— 

12 (1) in the subsection heading, by inserting ‘‘; 

13 ASSISTANT SECRETARIES AND OTHER OFFICERS’’ 

14 after ‘‘UNDER SECRETARIES’’; 

15 (2) in paragraph (1)— 

16 (A) by inserting after subparagraph (A) 

17 the following subparagraph (B) and making 

18 conforming changes: 

19 ‘‘(B) An Associate Secretary of Homeland 

20 Security, who shall be the Secretary’s second 

21 assistant for purposes of subchapter III of 

22 chapter 33 of title 5, United States Code and 

23 shall, on behalf of the Secretary, direct, author24 ize, and control U. S. Customs and Border Pro25 tection, U.S. Immigration and Customs EnVerDate Sep 11 2014 03:14 Nov 29, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8791.IH H8791

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1 forcement, United States Secret Service, and 

2 Federal Protective Service, and, in consultation 

3 with the Deputy Secretary, the law enforcement 

4 activities in other Department components.’’; 

5 and 

6 (B) by amending subparagraph (I) to read 

7 as follows: 

8 ‘‘(I) An Administrator of the Transpor9 tation Security Administration.’’; 

10 (3) by amending paragraph (2) to read as fol11 lows: 

12 ‘‘(2) APPOINTMENTS.—The following Assistant 

13 Secretaries shall be appointed by the President or 

14 the Secretary, as the case may be, without the ad15 vice and consent of the Senate: 

16 ‘‘(A) PRESIDENTIAL APPOINTMENTS.—The 

17 Department shall have the following positions 

18 appointed by the President: 

19 ‘‘(i) The Assistant Secretary for Pub20 lic Affairs. 

21 ‘‘(ii) The Assistant Secretary for Leg22 islative Affairs. 

23 ‘‘(iii) The Assistant Secretary for the 

24 Countering Weapons of Mass Destruction 

25 Office. 


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1 ‘‘(iv) The Chief Medical Officer. 

2 ‘‘(B) SECRETARIAL APPOINTMENTS.—The 

3 Secretary shall appoint an Assistant Secretary 

4 for Partnership and Engagement and, within 

5 the Office of Strategy, Policy and Plans, an As6 sistant Secretary for International Affairs in 

7 addition to five assistant secretaries with di8 vided responsibility for the following areas: 

9 ‘‘(i) Strategy. 

10 ‘‘(ii) Threat prevention, including tar11 geted violence. 

12 ‘‘(iii) Integration. 

13 ‘‘(iv) Border. 

14 ‘‘(v) Immigration, including immigra15 tion statistics. 

16 ‘‘(vi) Cybersecurity and infrastructure 

17 security. 

18 ‘‘(vii) Screening and vetting, including 

19 biometrics. 

20 ‘‘(viii) Law enforcement. 

21 ‘‘(ix) Foreign investment and trade.’’; 

22 and 

23 (4) by adding at the end the following new 

24 paragraphs: 


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1 ‘‘(3) LIMITATION ON ESTABLISHMENT OF AS2 SISTANT SECRETARY POSITIONS.—No Assistant Sec3 retary position may be established in addition to the 

4 positions provided for by this section unless such po5 sition is authorized by a statute enacted after the 

6 date of the enactment of this paragraph. 

7 ‘‘(4) UNDER SECRETARY FOR MANAGEMENT.— 

8 The Under Secretary for Management shall serve a 

9 five-year term.’’. 

10 SEC. 102. SUCCESSION REFORMS. 

11 Amend section 103(g) of the Homeland Security Act 

12 as follows: 

13 (1) In paragraph (1), strike ‘‘neither the Sec14 retary nor Deputy Secretary is’’ and insert ‘‘the Sec15 retary, Deputy Secretary, and Associate Secretary 

16 are not’’. 

17 (2) In paragraph (2), insert ‘‘(A)’’ before ‘‘such 

18 other officers’’ and strike and replace remaining text 

19 with the following: 

20 ‘‘(A) such other official of the Department 

21 in further order of succession to serve as Acting 

22 Secretary in a manner that requires such offi23 cial to have served in the Department for at 

24 least 90 days prior to such designation in either 

25 the position of the head of a component or in 


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1 another position by and with the advice and 

2 consent of the Senate, or in the event that an 

3 official meeting this criteria is not available, in 

4 a manner that requires such official to have 

5 served for at least 90 days prior to such des6 ignation in the Senior Executive Service within 

7 the Department; and 

8 ‘‘(B) such other official of the Department 

9 to serve as the acting head of a component, in 

10 the event that the head of a component vacates 

11 the position, in a manner that requires such of12 ficial to have served for at least 90 days prior 

13 to such designation in the Senior Executive 

14 Service.’’. 

15 SEC. 103. RESOLUTION OF INTRA-DEPARTMENTAL DIS16 PUTES. 

17 Insert at the end of section 103 of the Homeland Se18 curity Act the following: 

19 ‘‘(h) INTRA-DEPARTMENTAL DISPUTES.—On behalf 

20 of the Secretary, the Deputy Secretary shall have author21 ity to resolve any intra-Departmental disputes that may 

22 arise between two or more components where one compo23 nent is under the purview of the Associate Secretary. The 

24 Associate Secretary may appeal a resolution issued by the 

25 Deputy Secretary to the Secretary.’’. 


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1 SEC. 104. OFFICE OF STRATEGY, POLICY, AND PLANS. 

2 (a) IN GENERAL.—Section 709 of the Homeland Se3 curity Act of 2002 (6 U.S.C. 349) is amended— 

4 (1) in subsection (a), by adding at the end the 

5 following: ‘‘The Office of Strategy, Policy, and Plans 

6 shall include an Assistant Secretary for Inter7 national Affairs and at least five assistant secre8 taries within the Office of Strategy, Policy, and 

9 Plans with divided responsibility for the following 

10 areas: 

11 ‘‘(i) Strategy. 

12 ‘‘(ii) Threat prevention, including tar13 geted violence. 

14 ‘‘(iii) Integration. 

15 ‘‘(iv) Border. 

16 ‘‘(v) Immigration, including immigra17 tion statistics. 

18 ‘‘(vi) Cybersecurity and infrastructure 

19 security. 

20 ‘‘(vii) Screening and vetting, including 

21 biometrics. 

22 ‘‘(viii) Law enforcement. 

23 ‘‘(ix) Foreign investment and trade.’’; 

24 (2) in subsection (c)(1), by inserting ‘‘, includ25 ing for activities that cross multiple Department 

26 components’’ before the semicolon at the end; 


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1 (3) in subsection (c)(6), by inserting ‘‘, includ2 ing feedback from organizations representing the 

3 needs of children,’’ after ‘‘stakeholder feedback’’; 

4 (4) by redesignating subsections (e) through (g) 

5 as subsections (f) through (h), respectively; and 

6 (5) by inserting after subsection (d) the fol7 lowing new subsection: 

8 ‘‘(e) ASSISTANT SECRETARY FOR INTERNATIONAL

9 AFFAIRS.—The Office of International Affairs shall be led 

10 by an Assistant Secretary for International Affairs. The 

11 Assistant Secretary shall— 

12 ‘‘(1) coordinate international activities within 

13 the Department, including activities carried out by 

14 the components of the Department, in consultation 

15 with other Federal officials with responsibility for 

16 counterterrorism and homeland security matters; 

17 ‘‘(2) advise, inform, and assist the Secretary 

18 with respect to the development and implementation 

19 of the international policy priorities of the Depart20 ment, including strategic priorities for the deploy21 ment of assets, including personnel, outside the 

22 United States; 

23 ‘‘(3) develop, in consultation with the Under 

24 Secretary for Management, guidance for selecting, 

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1 ments of Department personnel, including minimum 

2 standards for pre-deployment training; 

3 ‘‘(4) maintain awareness regarding the inter4 national travel of senior officers of the Department 

5 and their intent to pursue negotiations with foreign 

6 government officials, and review resulting draft 

7 agreements; 

8 ‘‘(5) coordinate with any Departmental official 

9 engaged in negotiations with representatives of a 

10 foreign government regarding an agreement and, as 

11 appropriate, support such official in the negotiation 

12 of such agreement; and 

13 ‘‘(6) perform such other functions as are estab14 lished by law or delegated by the Under Secretary 

15 for Strategy, Policy, and Plans.’’. 

16 (b) ABOLISHMENT OF OFFICE OF INTERNATIONAL

17 AFFAIRS.— 

18 (1) IN GENERAL.—The Office of International 

19 Affairs within the Office of the Secretary of Home20 land Security is abolished. 

21 (2) TRANSFER OF ASSETS AND PERSONNEL.— 

22 The functions authorized to be performed by the of23 fice referred to in paragraph (1) as of the day before 

24 the date of the enactment of this Act, and the assets 

25 and personnel associated with such functions, are 


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1 transferred to the head of the Office of International 

2 Affairs of the Office of Strategy, Policy, and Plans 

3 of the Department of Homeland Security. 

4 (3) CONFORMING AMENDMENT.—The Home5 land Security Act of 2002 is amended by striking 

6 section 879 (6 U.S.C. 459). 

7 (4) CLERICAL AMENDMENT.—The table of con8 tents in section 1(b) of such Act is amended by 

9 striking the item relating to section 879. 

10 (c) HOMELAND SECURITY ADVISORY COUNCIL.— 

11 Section 102 of the Homeland Security Act of 2002 (6 

12 U.S.C. 112) is amended— 

13 (1) in subsection (b)— 

14 (A) in paragraph (2), by striking ‘‘and’’ at 

15 the end; 

16 (B) in paragraph (3), by striking the pe17 riod at the end and inserting a semicolon; and 

18 (C) by adding at the end the following new 

19 paragraphs: 

20 ‘‘(4) shall establish a Homeland Security Advi21 sory Council that includes representatives with rel22 evant homeland security expertise or experience and 

23 not less than two representatives with expertise or 

24 experience with respect to protecting privacy and 

25 civil rights and civil liberties to provide advice and 


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1 recommendations on homeland security-related mat2 ters, including advice with respect to the preparation 

3 of the Quadrennial Homeland Security Review; and 

4 ‘‘(5) shall provide to the Committee on Home5 land Security of the House of Representatives and 

6 the Committee on Homeland Security and Govern7 mental Affairs of the Senate an annual report that 

8 includes— 

9 ‘‘(A) a list of the Homeland Security Advi10 sory Council’s members and subcommittee as11 signments; 

12 ‘‘(B) a summary of all recommendations 

13 made by the Homeland Security Advisory Coun14 cil, including by any subcommittees; and 

15 ‘‘(C) a description of any action the De16 partment has taken in response to such rec17 ommendations.’’; 

18 (2) by striking subsection (f); 

19 (3) by redesignating subsection (g) as sub20 section (f); and 

21 (4) by adding at the end the following new sub22 section: 

23 ‘‘(g) CONFLICTS OF INTEREST.—No member of the 

24 Homeland Security Advisory Council established pursuant 

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1 vice or recommendation regarding any matter which di2 rectly benefits such member or pertains specifically to any 

3 firm or organization with which such member has been 

4 associated at any time during the immediately preceding 

5 three years.’’. 

6 (d) CONFLICTS OF INTEREST POLICY.—Not later 

7 than 90 days after the date of the enactment of this Act, 

8 the Secretary of Homeland Security, acting through the 

9 Under Secretary for Strategy, Policy, and Plans of the De10 partment of Homeland Security, shall issue a written pol11 icy to members of the Homeland Security Advisory Com12 mittee regarding conflicts of interests requirement set 

13 forth in subsection (g) of section 102 of the Homeland 

14 Security Act of 2002, as amended by this section. 

15 (e) COUNTERTERRORISM AND TARGETED VIOLENCE

16 STRATEGY.— 

17 (1) IN GENERAL.—No later than 180 days of 

18 enactment of this Act, the Under Secretary for 

19 Strategy, Policy, and Plans of the Department of 

20 Homeland Security shall update or replace the stra21 tegic framework to counter terrorism and targeted 

22 violence, as issued by the Department in September 

23 2019, and associated implementation plans to ensure 

24 that the Department’s strategic framework and im25 plementation plans— 


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1 (A) address the current threat environment 

2 for domestic terrorism, international terrorism, 

3 targeted violence, and emerging threats, includ4 ing violent white supremacist extremism; and 

5 (B) specify how the Department’s preven6 tion and preparedness activities address the 

7 threat environment. 

8 (2) REVIEWS.—Starting two years after imple9 mentation of paragraph (1), the Under Secretary 

10 shall carry out a review of the Department’s stra11 tegic framework and implementation plans to 

12 counter terrorism and targeted violence and update 

13 or replace such plans to ensure that such strategic 

14 frameworks and plans address the current threat en15 vironment for domestic terrorism, international ter16 rorism, targeted violence, and emerging threats, in17 cluding violent white supremacist extremism and 

18 specify how the Department’s prevention and pre19 paredness activities address the threat environment. 

20 (f) ACTIVITIES RELATED TO CHILDREN REPORT.— 

21 Not later than 1 year after the date of the enactment of 

22 this Act and annually thereafter for 5 years, the Under 

23 Secretary for Strategy, Policy, and Plans of the Depart24 ment of Homeland Security shall submit to the Committee 

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1 tation and Infrastructure of the House of Representatives 

2 and the Committee on Homeland Security and Govern3 mental Affairs of the Senate a report describing the ef4 forts the Department has undertaken to review and incor5 porate feedback from organizations representing the needs 

6 of children into Department policy in accordance with 

7 paragraph (6) of section 709(c) of the Homeland Security 

8 Act of 2002 (as amended by section 2 of this Act), includ9 ing information on the following: 

10 (1) The designation of any individual respon11 sible for carrying out such paragraph (6). 

12 (2) Any review, formal or informal, of Depart13 ment policies, programs, or activities to assess the 

14 suitability of such policies, programs, or activities 

15 for children and where feedback from organizations 

16 representing the needs of children should be re17 viewed and incorporated. 

18 (3) Any review, change, modification, or pro19 mulgation of Department policies, programs, or ac20 tivities to ensure that such policies, programs, or ac21 tivities are appropriate for children. 

22 (4) Coordination with organizations or experts 

23 outside the Department pursuant to such paragraph 

24 (6) conducted to inform any such review, change, 


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1 modification, or promulgation of such policies, pro2 grams, or activities. 

3 (g) DEFINITIONS.—In this section, each of the terms 

4 ‘‘functions’’, ‘‘assets’’, and ‘‘personnel’’ has the meaning 

5 given each such term under section 2 of the Homeland 

6 Security Act of 2002 (6 U.S.C. 101). 

7 SEC. 105. OFFICE OF INSPECTOR GENERAL. 

8 (a) TRANSPARENCY.— 

9 (1) PUBLICATION OF REPORTS.—The Office of 

10 Inspector General shall, in accordance with section 

11 8M(b)(1) of the Inspector General Act of 1978, pro12 vide to the Committee on Homeland Security of the 

13 House of Representatives and the Committee on 

14 Homeland Security and Governmental Affairs of the 

15 Senate and publish on the Inspector General’s 

16 website, the following, irrespective of whether the 

17 record contains recommendations or whether the De18 partment concurs with included recommendations— 

19 (A) any report that substantiates an alle20 gation of whistleblower retaliation pursuant to 

21 the Whistleblower Protection Act, Military 

22 Whistleblower Protection Act, or Presidential 

23 Personnel Directive 19; 

24 (B) any report that substantiates an alle25 gation of misconduct, waste, fraud, abuse, or 


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1 violation of Department policy against a mem2 ber of the Senior Executive Service or politically 

3 appointed official; and 

4 (C) any other programmatic report, review, 

5 inspection or audit. 

6 (2) CONGRESSIONAL REPORTING.—The semi7 annual report transmitted to the appropriate con8 gressional committees pursuant to section 5(b) of 

9 the Inspector General Act of 1978 immediately fol10 lowing enactment of this Act, and each subsequent 

11 semiannual report transmitted, shall be accompanied 

12 by a list of ongoing programmatic audits or inspec13 tions that includes, at a minimum, the following in14 formation: 

15 (A) Description of each audit or inspec16 tion, including the office(s) or component(s) 

17 under review. 

18 (B) Source of each audit or inspection. 

19 (C) Actual or proposed dates for— 

20 (i) initiating each audit or inspection; 

21 (ii) submitting a draft report to the 

22 Department for review; and 

23 (iii) publishing the final report to the 

24 Inspector General’s website pursuant to 

25 subsection (b)(1). 


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1 (D) Explanation for any significant 

2 changes to the description of an audit or in3 spection, including the office(s) or component(s) 

4 under review, or a delay of more than 30 days 

5 in the actual or proposed date for submitting a 

6 draft report to the Department for review or 

7 publishing the final report to the Inspector 

8 General’s website. 

9 (b) NOTIFICATION REGARDING MISCONDUCT ALLE10 GATIONS.—The heads of offices and components of the 

11 Department of Homeland Security shall promptly notify 

12 the Inspector General of the Department of all allegations 

13 of misconduct with respect to which the Inspector General 

14 has investigative authority under the Inspector General 

15 Act of 1978. The Inspector General may waive the notifi16 cation requirement under this subsection with respect to 

17 any category or subset of allegations of misconduct. 

18 (c) RULE OF CONSTRUCTION.—Nothing in this sec19 tion may be construed as affecting the authority of the 

20 Secretary of Homeland Security under subsection (a) of 

21 section 8I of the Inspector General Act of 1978 (5 U.S.C. 

22 App. 8I). 

23 SEC. 106. OFFICE OF PUBLIC AFFAIRS. 

24 (a) IN GENERAL.—Not later than 120 days after the 

25 date of the enactment of this Act, the Under Secretary 


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1 for Management of the Department of Homeland Secu2 rity, in coordination with the Assistant Secretary for Pub3 lic Affairs of the Department and the General Counsel of 

4 the Department, shall— 

5 (1) issue a code of conduct for all personnel in6 volved in the Department’s public affairs operations 

7 and require certifications of receipt of such code 

8 within 30 days of receipt; and 

9 (2) publish and disseminate a Department-wide 

10 management directive and associated guidelines for 

11 internal review of all public-facing materials to maxi12 mize the quality, objectivity, utility, and integrity of 

13 information (including statistical information) that 

14 includes information on when to engage with the Of15 fice of General Counsel of the Department to exe16 cute— 

17 (A) a legal sufficiency review; and 

18 (B) a compliance review in accordance with 

19 section 515 of the Treasury and General Gov20 ernment Appropriations Act for Fiscal Year 

21 2001 (Public Law 106–554). 

22 (b) REVIEW.—Not later than one year after the date 

23 of the enactment of this Act, the Inspector General of the 

24 Department of Homeland Security shall— 


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1 (1) submit to the Committee on Homeland Se2 curity of the House of Representatives and the Com3 mittee on Homeland Security and Governmental Af4 fairs of the Senate an audit of the public affairs of5 fices throughout the Department that reviews com6 pliance with the requirements specified in subsection 

7 (a); and 

8 (2) issue, as appropriate, recommendations to 

9 the Department of Homeland Security to improve 

10 the quality, objectivity, utility, and integrity of pub11 lic-facing materials disseminated by the public af12 fairs offices throughout the Department. 

13 SEC. 107. OFFICE OF LEGISLATIVE AFFAIRS. 

14 Section 103 of the Homeland Security Act of 2002 

15 (6 U.S.C. 113), as amended by this Act, is further amend16 ed by adding at the end the following new subsection: 

17 ‘‘(i) ASSISTANT SECRETARY FOR LEGISLATIVE AF18 FAIRS.—The Assistant Secretary for Legislative Affairs 

19 shall serve as the primary liaison to Congress and shall 

20 maintain one internal reporting structure for engaging 

21 with authorizing and appropriating congressional commit22 tees. 

23 ‘‘(1) LIMITATION ON DEPUTY ASSISTANT SEC24 RETARY FOR LEGISLATIVE AFFAIRS POSITIONS.— 

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1 fairs at the Department not more than two, Deputy 

2 Assistant Secretary for Legislative Affairs positions, 

3 one for each chamber of Congress. 

4 ‘‘(2) DEPARTMENT REPORTS.— 

5 ‘‘(A) IN GENERAL.—Notwithstanding any 

6 other provision of law, any report that the De7 partment or a component of the Department is 

8 required to submit to the Committee on Appro9 priations of the Senate or the Committee on 

10 Appropriations of the House of Representatives 

11 under any provision of law shall be submitted 

12 concurrently to the Committee on Homeland 

13 Security and Governmental Affairs of the Sen14 ate and the Committee on Homeland Security 

15 of the House of Representatives. 

16 ‘‘(B) APPLICABILITY.—Subparagraph (A) 

17 shall apply with respect to any report described 

18 in such subparagraph that is submitted on or 

19 after the date of enactment of this subsection. 

20 ‘‘(C) NOTICE.—The Secretary shall notify, 

21 in writing, the chairmen and ranking members 

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1 programming notifications issued by the De2 partment.’’. 

3 SEC. 108. OFFICE OF PARTNERSHIP AND ENGAGEMENT. 

4 (a) IN GENERAL.—Title VII of the Homeland Secu5 rity Act of 2002 (6 U.S.C. 341 et seq.), is amended by 

6 adding at the end the following new section: 

7 ‘‘SEC. 711. OFFICE OF PARTNERSHIP AND ENGAGEMENT. 

8 ‘‘(a) IN GENERAL.—There is an Office of Partner9 ship and Engagement in the Department headed by an 

10 Assistant Secretary for Partnership and Engagement. 

11 ‘‘(b) DUTIES OF THE ASSISTANT SECRETARY.—The 

12 Assistant Secretary for Partnership and Engagement 

13 shall— 

14 ‘‘(1) lead the efforts of the Department to in15 corporate external feedback from stakeholders into 

16 policy and strategic planning efforts, as appropriate, 

17 in consultation with the Office for Civil Rights and 

18 Civil Liberties of the Department; 

19 ‘‘(2) develop an engagement strategy to ensure 

20 continuous and collaborative communication with 

21 stakeholders that, among other things, sets forth 

22 how the Department can use its authorities to con23 vene government and outside stakeholders and how 

24 such interactions can support efforts to increase 


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1 trust between the Department and stakeholders and 

2 ensure timely information sharing; 

3 ‘‘(3) conduct the activities specified in section 

4 2006(b); 

5 ‘‘(4) advise the Secretary on the effects of the 

6 policies, regulations, processes, and actions of the 

7 Department on the private sector and create and 

8 foster strategic communications with the private sec9 tor to enhance the primary mission of the Depart10 ment to protect the homeland; 

11 ‘‘(5) facilitate relationships with academic insti12 tutions and the private sector, including through the 

13 administration of the Homeland Security Advisory 

14 Council; 

15 ‘‘(6) facilitate relationships with State and local 

16 governments and provide State and local govern17 ments with regular information, research, and tech18 nical support to assist local efforts at securing the 

19 homeland; and 

20 ‘‘(7) perform such other functions as are estab21 lished by law or delegated by the Secretary. 

22 ‘‘(c) DEPUTY ASSISTANT SECRETARIES.—There 

23 shall be a Deputy Assistant Secretary for State and Local 

24 Law Enforcement and a Deputy Assistant Secretary for 


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1 Private Sector Engagement within the Office of Partner2 ship and Engagement.’’. 

3 (b) TRANSFER OF FUNCTIONS, ASSETS, AND PER4 SONNEL OF OFFICE FOR STATE AND LOCAL LAW EN5 FORCEMENT.—The functions authorized to be performed 

6 by the Office for State and Local Law Enforcement of 

7 the Department of Homeland Security as of the day before 

8 the date of the enactment of this Act, and the assets and 

9 personnel associated with such functions, are transferred 

10 to the Office of Partnership and Engagement under sec11 tion 711 of the Homeland Security Act of 2002, as added 

12 by this section. 

13 (c) ANNUAL REPORTS.— 

14 (1) IN GENERAL.—For each of fiscal years 

15 2021 through 2025, the Assistant Secretary for 

16 Partnership and Engagement of the Department of 

17 Homeland Security shall submit to the Committee 

18 on Homeland Security of the House of Representa19 tives and the Committee on Homeland Security and 

20 Governmental Affairs of the Senate a report on the 

21 activities of the Office of Partnership and Engage22 ment of the Department. Each such report shall in23 clude, for the fiscal year covered by such report, a 

24 description of all programs, events, activities, and 


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1 outreach conducted by the following sub-offices and 

2 campaigns of the Office: 

3 (A) The Office of Intergovernmental Af4 fairs. 

5 (B) The Private Sector Office. 

6 (C) The Loaned Executive Program. 

7 (D) The Office of Academic Engagement. 

8 (E) The Committee Management Office. 

9 (F) The ‘‘If You See Something, Say 

10 Something®’’ Public Awareness Campaign. 

11 (G) The Blue Campaign. 

12 (H) Faith Initiatives. 

13 (2) STATE AND LOCAL LAW ENFORCEMENT RE14 PORT REQUIREMENTS.—Section 2006(b) of the 

15 Homeland Security Act of 2002 (6 U.S.C. 607(b)) 

16 is amended— 

17 (A) by redesignating paragraph (5) as 

18 paragraph (6); and 

19 (B) by inserting after paragraph (4) the 

20 following new paragraph (5): 

21 ‘‘(5) ANNUAL REPORT.—For each of fiscal 

22 years 2021 through 2025, the Deputy Assistant Sec23 retary for State and Local Law Enforcement shall 

24 submit to the Committee on Homeland Security and 

25 the Committee on the Judiciary of the House of 


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1 Representatives and the Committee on Homeland 

2 Security and Governmental Affairs and the Com3 mittee on the Judiciary of the Senate a report on 

4 the Deputy Assistant Secretary’s activities for the 

5 period. Each such report shall include, for the fiscal 

6 year covered by such report, a description of each of 

7 the following: 

8 ‘‘(A) Efforts to coordinate and share infor9 mation regarding Department and component 

10 agency programs with State, local, and Tribal 

11 law enforcement agencies. 

12 ‘‘(B) Efforts to improve information shar13 ing through the Homeland Security Information 

14 Network by appropriate component agencies of 

15 the Department and by State, local, and Tribal 

16 law enforcement agencies. 

17 ‘‘(C) The status of performance metrics to 

18 evaluate the effectiveness of efforts to carry out 

19 responsibilities specified in this subsection. 

20 ‘‘(D) Any feedback from State, local, and 

21 Tribal law enforcement agencies about the Of22 fice, including the mechanisms utilized to collect 

23 such feedback.’’. 

24 (d) ANNUAL CATALOG ON DEPARTMENT OF HOME25 LAND SECURITY TRAINING, PUBLICATIONS, PROGRAMS, 


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1 AND SERVICES FOR STATE, LOCAL, AND TRIBAL LAW EN2 FORCEMENT AGENCIES.—Section 2006(b)(4) of the 

3 Homeland Security Act of 2002 (6 U.S.C. 607(b)(4)) is 

4 amended— 

5 (1) in subparagraph (E), by striking ‘‘and’’ at 

6 the end; 

7 (2) in subparagraph (F), by striking the period 

8 and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following new sub10 paragraph: 

11 ‘‘(G) produce an annual catalog that sum12 marizes opportunities for training, publications, 

13 programs, and services available to State, local, 

14 and Tribal law enforcement agencies from the 

15 Department and from each component and of16 fice within the Department and, not later than 

17 30 days after the date of such production, dis18 seminate such catalog, including by— 

19 ‘‘(i) making such catalog available to 

20 State, local, and Tribal law enforcement 

21 agencies, including by posting such catalog 

22 on the website of the Department and co23 operating with national organizations that 

24 represent such agencies; 


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1 ‘‘(ii) making such catalog available 

2 through the Homeland Security Informa3 tion Network; and 

4 ‘‘(iii) submitting such catalog to the 

5 Committee on Homeland Security and the 

6 Committee on the Judiciary of the House 

7 of Representatives and the Committee on 

8 Homeland Security and Governmental Af9 fairs and the Committee on the Judiciary 

10 of the Senate.’’. 

11 (e) ABOLISHMENT OF OFFICE FOR STATE AND

12 LOCAL GOVERNMENT COORDINATION.— 

13 (1) IN GENERAL.—The Office for State and 

14 Local Government Coordination of the Department 

15 of Homeland Security is abolished. 

16 (2) TRANSFER OF FUNCTIONS AND ASSETS.— 

17 The functions authorized to be performed by the Of18 fice for State and Local Government Coordination of 

19 the Department of Homeland Security on the day 

20 before the date of the enactment of this Act, and the 

21 assets and personnel associated with such functions, 

22 are transferred to the Assistant Secretary for Part23 nership and Engagement of the Department under 

24 section 711 of the Homeland Security Act of 2002, 

25 as added by this section. 


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1 (3) CONFORMING AMENDMENT.—The Home2 land Security Act of 2002 is amended by striking 

3 section 801 (6 U.S.C. 631). 

4 (4) CLERICAL AMENDMENT.—The table of con5 tents in section 1(b) of such Act is amended by 

6 striking the item relating to section 801. 

7 (f) ABOLISHMENT OF SPECIAL ASSISTANT TO SEC8 RETARY OF HOMELAND SECURITY.— 

9 (1) IN GENERAL.—In accordance with the 

10 amendment made by section 104(c)(2) of this Act 

11 (relating to striking subsection (f) of section 102 of 

12 the Homeland Security Act of 2002), the position of 

13 Special Assistant to the Secretary authorized by 

14 such subsection (f) is abolished. 

15 (2) TRANSFER OF FUNCTIONS AND ASSETS.— 

16 The functions authorized to be performed by the 

17 Special Assistant to the Secretary referred to in 

18 paragraph (1) on the day before the date of the en19 actment of this Act, and the assets and personnel 

20 associated with such functions, are transferred to 

21 the Assistant Secretary for Partnership and Engage22 ment under section 711 of the Homeland Security 

23 Act of 2002, as added by this section. 

24 (g) CLERICAL AMENDMENT.—The table of contents 

25 in section 1(b) of the Homeland Security Act of 2002 is 


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1 amended by inserting after the item relating to section 

2 710 the following new item: 

‘‘Sec. 711. Office of Partnership and Engagement.’’. 

3 SEC. 109. CHIEF PRIVACY OFFICER. 

4 Section 222 of the Homeland Security Act of 2002 

5 (6 U.S.C. 142) is amended— 

6 (1) in subsection (a)— 

7 (A) in the matter preceding paragraph 

8 (1)— 

9 (i) by inserting ‘‘to be the Chief Pri10 vacy Officer of the Department’’ after ‘‘in 

11 the Department’’; and 

12 (ii) by striking ‘‘to the Secretary, to 

13 assume’’ and inserting ‘‘to the Secretary. 

14 Such official shall have’’; 

15 (B) in paragraph (5)(B), by striking 

16 ‘‘and’’ at the end; 

17 (C) by striking paragraph (6); and 

18 (D) by inserting after paragraph (5) the 

19 following new paragraphs: 

20 ‘‘(6) developing guidance to assist components 

21 of the Department in developing privacy policies and 

22 practices; 

23 ‘‘(7) establishing a mechanism to ensure such 

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1 latory, statutory, and Department privacy require2 ments, mandates, directives, and policies; 

3 ‘‘(8) working with the Chief Information Officer 

4 of the Department to identify methods for managing 

5 and overseeing the records, management policies, 

6 and procedures of the Department; 

7 ‘‘(9) working with components and offices of 

8 the Department to ensure that information sharing 

9 activities incorporate privacy protections; 

10 ‘‘(10) serving as the Chief FOIA Officer of the 

11 Department for purposes of subsection (j) of section 

12 552 of title 5, United States Code (popularly known 

13 as the ‘Freedom of Information Act’), to manage 

14 and process requests related to such section; 

15 ‘‘(11) developing guidance on procedures to be 

16 followed by individuals making requests for informa17 tion under section 552 of title 5, United States 

18 Code; 

19 ‘‘(12) overseeing the management and proc20 essing of requests for information under section 552 

21 of title 5, United States Code, within Department 

22 Headquarters and relevant Department component 

23 offices; 

24 ‘‘(13) providing component heads with input on 

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1 cluding recruiting and hiring component FOIA offi2 cers, budget formulation, and organizational place3 ment within each such component; 

4 ‘‘(14) issuing guidance to relevant Department 

5 component offices to ensure compliance with unified 

6 disclosure, processing, and training policies in ac7 cordance with section 552 of title 5, United States 

8 Code; 

9 ‘‘(15) identifying and eliminating unnecessary 

10 and duplicative actions taken by the Department in 

11 the course of processing requests for information 

12 under section 552 of title 5, United States Code; 

13 ‘‘(16) preparing an annual report to Congress 

14 that includes— 

15 ‘‘(A) a description of the activities of the 

16 Department that affect privacy during the fiscal 

17 year covered by each such report, including 

18 complaints of privacy violations, implementation 

19 of section 552a of title 5, United States Code 

20 (popularly known as the ‘Privacy Act of 1974’), 

21 internal controls, and other matters; and 

22 ‘‘(B) the number of new technology pro23 grams implemented in the Department during 

24 the fiscal year covered by each such report, the 

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1 vacy Officer has evaluated to ensure that pri2 vacy protections are considered and imple3 mented, the number of such programs that ef4 fectively implemented privacy protections into 

5 new technology programs, and an explanation 

6 of why any new programs did not effectively im7 plement privacy protections; 

8 ‘‘(17) coordinate with the Under Secretary for 

9 Intelligence and Analysis to— 

10 ‘‘(A) ensure that any intelligence informa11 tion under this Act is, to the extent practicable, 

12 shared, retained, and disseminated in a manner 

13 consistent with the protection of the privacy 

14 rights; and 

15 ‘‘(B) provide training to intelligence per16 sonnel on privacy rights, regulations, and infor17 mation practices as specified in section 552a of 

18 title 5, United States Code (commonly referred 

19 to as the ‘Privacy Act of 1974’) and other rel20 evant laws, with a focus on personnel who have 

21 authority to disseminate information analyzed 

22 by the Department pursuant to paragraph (6) 

23 of section 201(d) or the responsibility to review 

24 information to be disseminated pursuant to 

25 paragraph (6) of 201(d); and 


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1 ‘‘(18) carrying out such other responsibilities as 

2 the Secretary determines are appropriate, consistent 

3 with this section.’’; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(f) REASSIGNMENT OF FUNCTIONS.—Notwith7 standing subsection (a)(10), the Secretary may reassign 

8 the functions related to managing and processing requests 

9 for information under section 552 of title 5, United States 

10 Code, to another official within the Department, con11 sistent with requirements of such section. 

12 ‘‘(g) PRIVACY WORKING GROUP.— 

13 ‘‘(1) IN GENERAL.—The Chief Privacy Officer, 

14 or, if the Secretary determines appropriate, whoever 

15 is designated by the Secretary as the Chief FOIA 

16 Officer, shall establish and serve as the Chair of a 

17 working group comprised of personnel from across 

18 the Department who are involved in executing disclo19 sure policies and processes involved in administra20 tion of section 552 of title 5, United States Code 

21 (commonly referred to as the ‘Freedom of Informa22 tion Act’) in furtherance of improving the Depart23 ment’s timely compliance with such section 552. 

24 ‘‘(2) PURPOSE.—The working group established 

25 in accordance with paragraph (1) shall be a forum— 


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1 ‘‘(A) for the sharing of information and 

2 best practices; and 

3 ‘‘(B) to develop solutions to challenges re4 lating to disclosure policies and processes, re5 ferred to in such paragraph, encountered within 

6 Department component offices. 

7 ‘‘(3) RESPONSIBILITIES.—Members of the 

8 working group shall meet not less than once every 

9 quarter to advise the Chair on matters concerning 

10 disclosure policies and processes involved in the ad11 ministration of section 552 of title 5, United States 

12 Code, including on the following matters: 

13 ‘‘(A) The development of guidance for uni14 form disclosure policies and processes, in ac15 cordance with paragraph (14) of subsection (a). 

16 ‘‘(B) Ways to reduce unnecessary 

17 redundancies that may undermine the respon18 sive and efficient processing of requests for in19 formation under such section 552.’’. 

20 SEC. 110. CHIEF FINANCIAL OFFICER. 

21 (a) IN GENERAL.—Section 702 of the Homeland Se22 curity Act of 2002 (6 U.S.C. 342) is amended— 

23 (1) by redesignating subsections (b) and (c) as 

24 subsections (c) and (d), respectively; and 


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1 (2) by inserting after subsection (a) the fol2 lowing new subsection: 

3 ‘‘(b) RESPONSIBILITIES.—In carrying out the re4 sponsibilities, authorities, and functions specified in sec5 tion 902 of title 31, United States Code, the Chief Finan6 cial Officer shall— 

7 ‘‘(1) oversee Department budget formulation 

8 and execution; 

9 ‘‘(2) lead and provide guidance on performance10 based budgeting practices for the Department to en11 sure that the Department and its components are 

12 meeting missions and goals; 

13 ‘‘(3) lead cost-estimating practices for the De14 partment, including the development of policies on 

15 cost estimating and approval of life cycle cost esti16 mates; 

17 ‘‘(4) coordinate with the Office of Strategy, 

18 Policy, and Plans to ensure that the development of 

19 the budget for the Department is compatible with 

20 the long-term strategic plans, priorities, and policies 

21 of the Secretary; 

22 ‘‘(5) develop financial management policy for 

23 the Department and oversee the implementation of 

24 such policy, including the establishment of effective 


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1 internal controls over financial reporting systems 

2 and processes throughout the Department; 

3 ‘‘(6) provide guidance for and over financial 

4 system modernization efforts throughout the Depart5 ment; 

6 ‘‘(7) lead the efforts of the Department related 

7 to financial oversight, including identifying ways to 

8 streamline and standardize business processes; 

9 ‘‘(8) oversee the costs of acquisition programs 

10 and related activities to ensure that actual and 

11 planned costs are in accordance with budget esti12 mates and are affordable, or can be adequately fund13 ed, over the lifecycle of such programs and activities; 

14 ‘‘(9) implement fully by fiscal year 2022 a com15 mon accounting structure to be used across the en16 tire Department; 

17 ‘‘(10) track, approve, oversee, and make public 

18 information on expenditures by components of the 

19 Department for conferences, as appropriate, includ20 ing by requiring each component to— 

21 ‘‘(A) report to the Inspector General of the 

22 Department, the Committee on Homeland Se23 curity of the House of Representatives, and the 

24 Committee on Homeland Security and Govern25 mental Affairs of the Senate the expenditures 


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1 by such component for each conference hosted 

2 or attended by Department employees for which 

3 the total expenditures of the Department exceed 

4 $20,000, within 15 days after the date of the 

5 conference; and 

6 ‘‘(B) with respect to such expenditures, 

7 provide— 

8 ‘‘(i) the information described in sub9 sections (a), (b), and (c) of section 739 of 

10 title VII of division E of the Consolidated 

11 and Further Continuing Appropriations 

12 Act, 2015 (Public Law 113–235); and 

13 ‘‘(ii) documentation of such expendi14 tures; and 

15 ‘‘(11) provide to the Committee on Homeland 

16 Security of the House of Representatives and the 

17 Committee on Homeland Security and Governmental 

18 Affairs of the Senate any report delivered to any 

19 other committee of the House of Representatives or 

20 Senate regarding the financial functions of the De21 partment.’’. 

22 (b) RULE OF CONSTRUCTION.—Nothing in the 

23 amendment made by this section may be construed as al24 tering or amending the responsibilities, authorities, and 

25 functions of the Chief Financial Officer of the Department 


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1 of Homeland Security under section 902 of title 31, 

2 United States Code. 

3 SEC. 111. CHIEF INFORMATION OFFICER. 

4 (a) IN GENERAL.—Section 703 of the Homeland Se5 curity Act of 2002 (6 U.S.C. 343) is amended— 

6 (1) in subsection (a), by adding at the end the 

7 following new sentence: ‘‘In addition to the functions 

8 under section 3506(a)(2) of title 44, United States 

9 Code, the Chief Information Officer shall perform 

10 the functions set forth in this section and such other 

11 functions as may be assigned by the Secretary.’’; 

12 (2) by redesignating subsections (b) and (c) as 

13 subsections (d) and (e), respectively; and 

14 (3) by inserting after subsection (a) the fol15 lowing new subsections: 

16 ‘‘(b) RESPONSIBILITIES.—In addition to performing 

17 the functions under section 3506 of title 44, United States 

18 Code, the Chief Information Officer shall serve as the lead 

19 technical authority for information technology programs 

20 of the Department and Department components, and 

21 shall— 

22 ‘‘(1) advise and assist the Secretary, heads of 

23 the components of the Department, and other senior 

24 officers in carrying out the responsibilities of the 

25 Department for all activities relating to the budgets, 


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1 programs, security, and operations of the informa2 tion technology functions of the Department; 

3 ‘‘(2) to the extent delegated by the Secretary, 

4 exercise leadership and authority over Department 

5 information technology management and establish 

6 the information technology priorities, policies, proc7 esses, standards, guidelines, and procedures of the 

8 Department to ensure interoperability and standard9 ization of information technology; 

10 ‘‘(3) maintain a consolidated inventory of the 

11 mission critical and mission essential information 

12 systems of the Department, and develop and main13 tain contingency plans for responding to a disrup14 tion in the operation of any of such information sys15 tems; 

16 ‘‘(4) maintain the security, visibility, reliability, 

17 integrity, and availability of data and information 

18 technology of the Department; 

19 ‘‘(5) establish and implement policies and pro20 cedures to effectively monitor and manage 

21 vulnerabilities in the supply chain for purchases of 

22 information technology, in consultation with the 

23 Chief Procurement Officer of the Department; 

24 ‘‘(6) review contracts and interagency agree25 ments associated with major information technology 


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1 investments and information technology investments 

2 that have had cost, schedule, or performance chal3 lenges in the past; 

4 ‘‘(7) assess the risk of all major information 

5 technology investments and publicly report the risk 

6 rating to the Office of Management and Budget; and 

7 ‘‘(8) carry out any other responsibilities dele8 gated by the Secretary consistent with an effective 

9 information system management function. 

10 ‘‘(c) STRATEGIC PLANS.—In coordination with the 

11 Chief Financial Officer, the Chief Information Officer 

12 shall develop an information technology strategic plan 

13 every five years and report to the Committee on Homeland 

14 Security and the Committee on Appropriations of the 

15 House of Representatives and the Committee on Home16 land Security and Governmental Affairs and the Com17 mittee on Appropriations of the Senate on the extent to 

18 which— 

19 ‘‘(1) the budget of the Department aligns with 

20 priorities specified in the information technology 

21 strategic plan; 

22 ‘‘(2) the information technology strategic plan 

23 informs the budget process of the Department; 


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1 ‘‘(3) information technology priorities were or 

2 were not funded and the reasons for not funding all 

3 priorities in a given fiscal year; 

4 ‘‘(4) the Department has identified and ad5 dressed skills gaps needed to implement the informa6 tion technology strategic plan; and 

7 ‘‘(5) unnecessary duplicate information tech8 nology within and across the components of the De9 partment has been eliminated.’’. 

10 (b) SOFTWARE LICENSING.— 

11 (1) SOFTWARE INVENTORY.—Not later than 

12 180 days after the date of the enactment of this Act 

13 and every two years thereafter until 2024, the Chief 

14 Information Officer of the Department of Homeland 

15 Security, in consultation with Department compo16 nent chief information officers, shall— 

17 (A) conduct a Department-wide inventory 

18 of all existing software licenses held by the De19 partment, including utilized and unutilized li20 censes; 

21 (B) assess the needs of the Department 

22 and the components of the Department for soft23 ware licenses for the subsequent two fiscal 

24 years; 


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1 (C) examine how the Department can 

2 achieve the greatest possible economies of scale 

3 and cost savings in the procurement of software 

4 licenses; 

5 (D) determine in writing how the use of 

6 shared cloud-computing services will impact the 

7 needs for software licenses for the subsequent 

8 two fiscal years; 

9 (E) establish plans and estimated costs for 

10 eliminating unutilized software licenses for the 

11 subsequent two fiscal years; and 

12 (F) submit a copy of each inventory con13 ducted under subparagraph (A) and each writ14 ten determination conducted under subpara15 graph (D) to the Committee on Homeland Se16 curity of the House of Representatives and the 

17 Committee on Homeland Security and Govern18 mental Affairs of the Senate. 

19 (2) PLAN TO REDUCE SOFTWARE LICENSES.— 

20 If the Chief Information Officer of the Department 

21 of Homeland Security determines through the inven22 tory conducted under paragraph (1) that the number 

23 of software licenses held by the Department and the 

24 components of the Department exceed the needs of 

25 the Department, not later than 90 days after the 


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1 date on which the inventory is completed, the Sec2 retary of Homeland Security shall establish a plan 

3 for reducing the number of such software licenses to 

4 meet the needs of the Department. 

5 (c) COMPTROLLER GENERAL REVIEW.—Not later 

6 than fiscal year 2021, the Comptroller General of the 

7 United States shall review the extent to which the Chief 

8 Information Officer of the Department of Homeland Secu9 rity fulfilled all requirements established in this section 

10 and the amendment made by this section. 

11 (d) COMPLETION OF FIRST DEFINITION OF CAPA12 BILITIES.—Not later than one year after the date of the 

13 enactment of this Act, the Chief Information Officer of 

14 the Department of Homeland Security shall complete the 

15 first information technology strategic plan required under 

16 subsection (c) of section 701 of the Homeland Security 

17 Act of 2002, as added by subsection (a) of this section. 

18 SEC. 112. CHIEF PROCUREMENT OFFICER. 

19 (a) IN GENERAL.—Title VII of the Homeland Secu20 rity Act of 2002 (6 U.S.C. 341 et seq.), as amended by 

21 this Act, is further amended by adding at the end the fol22 lowing new section: 

23 ‘‘SEC. 712. CHIEF PROCUREMENT OFFICER. 

24 ‘‘(a) IN GENERAL.—There is in the Department a 

25 Chief Procurement Officer, who shall serve as a senior 


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1 business advisor to agency officials on procurement-re2 lated matters and report directly to the Under Secretary 

3 for Management. The Chief Procurement Officer is the 

4 senior procurement executive for purposes of subsection 

5 (c) of section 1702 of title 41, United States Code, and 

6 shall perform procurement functions as specified in such 

7 subsection. 

8 ‘‘(b) RESPONSIBILITIES.—The Chief Procurement 

9 Officer shall— 

10 ‘‘(1) delegate or retain contracting authority, as 

11 appropriate; 

12 ‘‘(2) issue procurement policies and oversee the 

13 heads of contracting activity of the Department to 

14 ensure compliance with such policies; 

15 ‘‘(3) serve as the main liaison of the Depart16 ment to industry on procurement-related issues; 

17 ‘‘(4) account for the integrity, performance, and 

18 oversight of Department procurement and con19 tracting functions; 

20 ‘‘(5) ensure that procurement contracting strat21 egies and plans are consistent with the intent and 

22 direction of the Acquisition Review Board; 

23 ‘‘(6) oversee a centralized procurement work24 force certification and training program using, as 

25 appropriate, existing best practices and contracting 


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1 training opportunities from the Federal Government, 

2 private sector, or universities and colleges, including 

3 training on how best to identify actions that warrant 

4 referrals for suspension or debarment; 

5 ‘‘(7) provide input on the periodic performance 

6 reviews of each head of contracting activity of the 

7 Department; 

8 ‘‘(8) collect baseline data and use such data to 

9 establish performance measures on the impact of 

10 strategic sourcing initiatives on the private sector, 

11 including small businesses; 

12 ‘‘(9) establish and implement policies and pro13 cedures to effectively monitor and manage 

14 vulnerabilities in the supply chain for all Depart15 ment purchases; 

16 ‘‘(10) ensure that a fair proportion of the value 

17 of Federal contracts and subcontracts are awarded 

18 to small businesses (in accordance with the procure19 ment contract goals under section 15(g) of the Small 

20 Business Act (15 U.S.C. 644(g))), maximize oppor21 tunities for small business participation in such con22 tracts, and ensure, to the extent practicable, small 

23 businesses that achieve qualified vendor status for 

24 security-related technologies are provided an oppor25 tunity to compete for contracts for such technology; 


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1 ‘‘(11) conduct oversight of implementation of 

2 administrative agreements to resolve suspension or 

3 debarment proceedings; and 

4 ‘‘(12) carry out any other procurement duties 

5 that the Under Secretary for Management may des6 ignate. 

7 ‘‘(c) HEAD OF CONTRACTING ACTIVITY DEFINED.— 

8 In this section, the term ‘head of contracting activity’ 

9 means an official responsible for the establishment, man10 agement, and oversight of a team of procurement profes11 sionals properly trained, certified, and warranted to ac12 complish the acquisition of products and services on behalf 

13 of the designated components, offices, and organizations 

14 of the Department, and as authorized, other government 

15 entities.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 in section 1(b) of the Homeland Security Act of 2002 is 

18 amended by inserting after the item relating to section 

19 711, as added by this Act, the following new item: 

‘‘Sec. 712. Chief Procurement Officer.’’. 

20 SEC. 113. CHIEF SECURITY OFFICER. 

21 (a) IN GENERAL.—Title VII of the Homeland Secu22 rity Act of 2002 (6 U.S.C. 341 et seq.), as amended by 

23 this Act, is further amended by adding at the end the fol24 lowing new section: 


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1 ‘‘SEC. 713. CHIEF SECURITY OFFICER. 

2 ‘‘(a) IN GENERAL.—There is in the Department a 

3 Chief Security Officer, who shall report directly to the 

4 Under Secretary for Management. 

5 ‘‘(b) RESPONSIBILITIES.—The Chief Security Officer 

6 shall— 

7 ‘‘(1) develop and implement the security poli8 cies, programs, and standards of the Department, 

9 including as relates to interoperable enterprise sys10 tems; 

11 ‘‘(2) identify training and provide education to 

12 Department personnel on security-related matters; 

13 and 

14 ‘‘(3) provide support to Department compo15 nents on security-related matters.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 in section 1(b) of such Act is further amended by inserting 

18 after the item relating to section 712, as added by this 

19 Act, the following new item: 

‘‘Sec. 713. Chief Security Officer.’’. 

20 SEC. 114. CHIEF DATA OFFICER. 

21 Section 703 of the Homeland Security Act of 2002 

22 (6 U.S.C. 343), as amended by this Act, is further amend23 ed by adding at the end the following new subsection: 

24 ‘‘(f) CHIEF DATA OFFICER.— 


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1 ‘‘(1) IN GENERAL.—The Secretary, in consulta2 tion with the Chief Information Officer, shall des3 ignate a career appointee of the Department as the 

4 Chief Data Officer of the Department. 

5 ‘‘(2) QUALIFICATIONS.—The Chief Data Officer 

6 shall possess demonstrated training and experience 

7 in the management, governance, generation, collec8 tion, protection, analysis, use, and sharing of data, 

9 including the protection and de-identification of per10 sonally identifiable information. 

11 ‘‘(3) FUNCTIONS.—The Chief Data Officer 

12 shall be responsible for the following: 

13 ‘‘(A) Ensuring that the Department con14 forms with data management best practices rec15 ognized across industry and the Federal Gov16 ernment. 

17 ‘‘(B) Coordinating the organization and in18 tegration of data across the Department for im19 proved interoperability, analysis, and decision20 making. 

21 ‘‘(C) Reviewing the impact of the infra22 structure of the Department regarding data in23 tegrity and interoperability. 

24 ‘‘(D) Coordinating the release of data for 

25 public use following appropriate privacy reviews 


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1 within the Department, as coordinated with the 

2 Chief Privacy Officer. 

3 ‘‘(E) Promoting the use of modern data 

4 systems to improve Department operations. 

5 ‘‘(F) Coordinating the storage of Depart6 ment records in accordance with the National 

7 Archives and Records Administration’s General 

8 Records Schedules. 

9 ‘‘(G) Publishing guidance for revising 

10 record schedule proposals which shall include 

11 guidelines for keeping a written record of jus12 tification for such revisions. 

13 ‘‘(H) Overseeing, in consultation with the 

14 Chief Privacy Officer of the Department, as ap15 propriate, the Department’s compliance with 

16 the following responsibilities: 

17 ‘‘(i) Issuing guidelines ensuring and 

18 maximizing the quality, objectivity, utility 

19 and integrity of information (including sta20 tistical information). 

21 ‘‘(ii) Establishing administrative 

22 mechanisms that allow affected persons to 

23 seek and obtain correction of information 

24 maintained and disseminated by relevant 

25 components of the Department that does 


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1 not comply with the Department’s guide2 lines. 

3 ‘‘(iii) Reporting to the Director of the 

4 Office of Management and Budget about 

5 the number and nature of complaints re6 ceived by relevant components of the De7 partment regarding the accuracy of infor8 mation disseminated and how such com9 plaints were handled by such components. 

10 ‘‘(I) Coordinating with appropriate officials 

11 of the Department, including the Chief Privacy 

12 Officer, component privacy officers, component 

13 Chief Data Officers, and program managers, 

14 regarding the use of data within their respective 

15 components and under their authorities. 

16 ‘‘(J) Serving as the liaison to other Fed17 eral agencies and the Office of Management 

18 and Budget on data and the best way to use ex19 isting Department data for statistical purposes. 

20 ‘‘(4) COMPONENT CHIEF DATA OFFICERS.—The 

21 heads of each operational component of the Depart22 ment, in consultation with the Chief Data Officer of 

23 the Department and the Chief Information Officer 

24 of such component, shall designate a career ap25 pointee from each such component as the Chief Data 


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1 Officer of such component. Each such component 

2 Chief Data Officer shall— 

3 ‘‘(A) have the qualifications described 

4 under paragraph (2); and 

5 ‘‘(B) coordinate with and assist the Chief 

6 Data Officer of the Department in the imple7 mentation of the functions specified in subpara8 graphs (A) through (F) of paragraph (3) for 

9 their respective component. 

10 ‘‘(5) REPORTS.—Not later than 180 days after 

11 the date of the enactment of this subsection and pe12 riodically thereafter as necessary, the Secretary shall 

13 submit to the Committee on Homeland Security of 

14 the House of Representatives and the Committee on 

15 Homeland Security and Governmental Affairs of the 

16 Senate a report on the implementation of this sub17 section, including any concerns regarding such im18 plementation. 

19 ‘‘(6) DEFINITION.—In this subsection, the term 

20 ‘career appointee’ has the meaning given such term 

21 in section 3132 of title 5, United States Code.’’. 

22 SEC. 115. OFFICER FOR CIVIL RIGHTS AND CIVIL LIB23 ERTIES. 

24 (a) IN GENERAL.—Section 705 of the Homeland Se25 curity Act of 2002 (6 U.S.C. 345) is amended— 


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1 (1) in the section heading, by striking ‘‘ESTAB2 LISHMENT OF’’; and 

3 (2) by striking subsections (a) and (b) and in4 serting the following new subsections: 

5 ‘‘(a) IN GENERAL.—There is established within the 

6 Department an Office for Civil Rights and Civil Liberties. 

7 The head of such Office is the Officer for Civil Rights 

8 and Civil Liberties, who shall report directly to the Sec9 retary. 

10 ‘‘(b) RESPONSIBILITIES.—The Officer for Civil 

11 Rights and Civil Liberties shall carry out the following re12 sponsibilities: 

13 ‘‘(1) Oversee compliance with constitutional, 

14 statutory, regulatory, policy, and other requirements 

15 relating to the civil rights and civil liberties of indi16 viduals affected by the programs and activities of 

17 the Department. 

18 ‘‘(2) Integrate civil rights and civil liberties pro19 tections into all programs and activities of the De20 partment. 

21 ‘‘(3) Conduct civil rights and civil liberties im22 pact assessments, as appropriate, including prior to 

23 the implementation of new Department regulations, 

24 initiatives, programs, or policies. 


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1 ‘‘(4) Conduct periodic reviews of policies, proce2 dures, and activities of the Department relating to 

3 civil rights and civil liberties. 

4 ‘‘(5) Provide policy advice, recommendations, 

5 and other technical assistance relating to civil rights 

6 and civil liberties to the Secretary and to heads of 

7 components, directorates, and offices and other per8 sonnel within the Department. 

9 ‘‘(6) Review, assess, and investigate complaints, 

10 including complaints filed by members of the public, 

11 and information indicating possible abuses of civil 

12 rights or civil liberties at the Department, unless the 

13 Inspector General of the Department determines 

14 that any such complaint should be investigated by 

15 the Inspector General. 

16 ‘‘(7) Initiate reviews, investigations, and assess17 ments of the administration of the programs and ac18 tivities by the Department relating to civil rights 

19 and civil liberties, as the Officer determines nec20 essary. 

21 ‘‘(8) Coordinate with the Privacy Officer to en22 sure that— 

23 ‘‘(A) programs, policies, and procedures in24 volving civil rights, civil liberties, and privacy 


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1 considerations are addressed in an integrated 

2 and comprehensive manner; and 

3 ‘‘(B) Congress receives appropriate reports 

4 regarding such programs, policies, and proce5 dures. 

6 ‘‘(9) Lead the equal employment opportunity 

7 programs of the Department, including complaint 

8 management and adjudication, workforce diversity, 

9 and promotion of the merit system principles. 

10 ‘‘(10) Make publicly available through acces11 sible communications channels, including the website 

12 of the Department— 

13 ‘‘(A) information on the responsibilities 

14 and functions of, and how to contact, the Of15 fice; 

16 ‘‘(B) summary of reports of investigations 

17 that result in final recommendations that are 

18 issued by the Officer upon completion of inves19 tigations carried out pursuant to paragraph (6); 

20 and 

21 ‘‘(C) summaries of impact assessments 

22 issued by the Officer and carried out pursuant 

23 to paragraph (3) or (7). 

24 ‘‘(11) Engage with individuals and communities 

25 whose civil rights and civil liberties may be affected 


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1 by programs and activities of the Department, in2 cluding by informing such individuals and commu3 nities about report and redress processes and advis4 ing the Secretary and heads of components, direc5 torates, offices, and other personnel within the De6 partment of concerns raised by such individuals and 

7 communities. 

8 ‘‘(c) COORDINATION WITH INSPECTOR GENERAL.— 

9 ‘‘(1) AUTHORITY TO INVESTIGATE POSSIBLE

10 ABUSES.—The Officer for Civil Rights and Civil Lib11 erties may investigate any matter referred to in 

12 paragraph (6) or (7) of subsection (b) after fulfilling 

13 the coordination requirements under paragraph (2) 

14 with respect to such matter. 

15 ‘‘(2) COORDINATION REQUIREMENTS.— 

16 ‘‘(A) REFERRAL OF MATTERS TO INSPEC17 TOR GENERAL.—Before initiating any investiga18 tion described under paragraph (1), the Officer 

19 for Civil Rights and Civil Liberties shall refer 

20 the matter and all related complaints to the In21 spector General of the Department. 

22 ‘‘(B) INSPECTOR GENERAL RESPONSIBIL23 ITIES.— 

24 ‘‘(i) DETERMINATION AND NOTIFICA25 TION.—Not later than 5 business days 


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1 after the receipt of a matter referred under 

2 subparagraph (A), the Inspector General 

3 shall— 

4 ‘‘(I) make a determination re5 garding whether the Inspector Gen6 eral intends to initiate an audit or in7 vestigation of the matter referred 

8 under subparagraph (A); and 

9 ‘‘(II) notify the Officer of such 

10 determination. 

11 ‘‘(ii) AUDITS AND INVESTIGATIONS.— 

12 If the Inspector General notifies the Offi13 cer for Civil Rights and Civil Liberties that 

14 the Inspector General intends to initiate an 

15 audit or investigation, the Inspector Gen16 eral shall— 

17 ‘‘(I) initiate such audit or inves18 tigate by not later than 90 days after 

19 providing such notification; or 

20 ‘‘(II) not later than 3 days after 

21 the end of the 90-day period specified 

22 in subclause (I), notify the Officer 

23 that such audit or investigation was 

24 not initiated. 


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1 ‘‘(C) PROVISION OF ASSISTANCE.—At the 

2 request of the Inspector General, the Officer for 

3 Civil Rights and Civil Liberties may provide as4 sistance to the Inspector General on any inves5 tigation or audit initiated by the Inspector Gen6 eral based on a referral under subparagraph 

7 (A). 

8 ‘‘(D) INVESTIGATION BY OFFICER.—The 

9 Officer for Civil Rights and Civil Liberties may 

10 investigate a matter referred to the Inspector 

11 General under subparagraph (A) only if— 

12 ‘‘(i) the Inspector General notifies the 

13 Officer for Civil Rights and Civil Liberties 

14 that the Inspector General does not intend 

15 to initiate an audit or investigation relat16 ing to that matter; or 

17 ‘‘(ii) the Inspector General provides 

18 notification under subparagraph (B)(ii)(II) 

19 that an audit or investigation was not initi20 ated. 

21 ‘‘(d) TRANSPARENCY.— 

22 ‘‘(1) COMPLAINTS.—In the case of a complaint 

23 made concerning allegations of abuses of civil rights 

24 and civil liberties under paragraph (6) of subsection 


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1 (b), the Officer for Civil Rights and Civil Liberties 

2 shall— 

3 ‘‘(A) provide to the individual who made 

4 the complaint notice of the receipt of such com5 plaint within 30 days of receiving the com6 plaint; and 

7 ‘‘(B) inform the complainant of the deter8 mination of the Officer regarding the initiation 

9 of a review, assessment, or investigation within 

10 the Office, a referral to the Inspector General 

11 of the Department, or any other action taken. 

12 ‘‘(2) INVESTIGATIONS.—In the case of an inves13 tigation initiated by the Officer pursuant to para14 graph (6) or (7) of subsection (b), upon the conclu15 sion of the investigation, the Officer shall produce a 

16 report on the investigation which— 

17 ‘‘(A) shall include the findings and rec18 ommendations of the Officer; 

19 ‘‘(B) a summary of which shall be made 

20 publicly available; 

21 ‘‘(C) shall not include any personally iden22 tifiable information related to any individual in23 volved in such investigation; and 

24 ‘‘(D) may include a classified appendix, as 

25 the Officer determines appropriate. 


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1 ‘‘(3) SUBMITTAL TO HEADS OF OPERATIONAL

2 COMPONENTS.—The Officer shall transmit a copy of 

3 each report produced under paragraph (2) to the 

4 Secretary and to the relevant head of each relevant 

5 operational component of the Department. 

6 ‘‘(4) REPORTS TO CONGRESS.—Upon the con7 clusion of any investigation conducted by the Officer 

8 for Civil Rights and Civil Liberties under paragraph 

9 (6) or (7) of subsection (b), the Officer shall submit 

10 to the Committee on Homeland Security of the 

11 House of Representatives and the Committee on 

12 Homeland Security and Governmental Affairs of the 

13 Senate a report on the investigation, which shall be 

14 prepared and submitted without any prior comment 

15 or amendment by the Secretary, Deputy Secretary, 

16 or any other officer or employee of the Department, 

17 unless the Officer seeks such comment. 

18 ‘‘(e) COMPONENT CIVIL RIGHTS AND CIVIL LIB19 ERTIES OFFICER.—The head of each of the operational 

20 components of the Department shall designate a career 

21 appointee (as such term is defined in section 3132 of title 

22 5, United States Code) from such component as the Offi23 cer for Civil Rights and Civil Liberties of that component. 

24 The Officer for Civil Rights and Civil Liberties of each 

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1 mation to the Officer for Civil Rights and Civil Liberties 

2 of the Department on matters related to civil rights and 

3 civil liberties within the components. 

4 ‘‘(f) ACCESS TO INFORMATION.—The Officer for Civil 

5 Rights and Civil Liberties of the Department— 

6 ‘‘(1) shall have access to all records, reports, 

7 audits, reviews, documents, papers, recommenda8 tions, and other materials available to the Depart9 ment that relate to programs and operations with 

10 respect to the responsibilities of the Officer under 

11 subsection (b); and 

12 ‘‘(2) may, to the extent the Officer determines 

13 necessary, and subject to the approval of the Sec14 retary— 

15 ‘‘(A) issue a subpoena to require the pro16 duction, by any person other than a Federal 

17 agency, of all information, documents, reports, 

18 answers, records, accounts, papers, and other 

19 documentary evidence necessary in the perform20 ance of the responsibilities of the Officer under 

21 this section; and 

22 ‘‘(B) administer to or take from any per23 son an oath, affirmation, or affidavit, whenever 

24 necessary in the performance of the responsibil25 ities of the Officer under this section. 


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1 ‘‘(g) ANNUAL REPORT.—Not later than March 31 of 

2 each year, the Officer for Civil Rights and Civil Liberties 

3 of the Department shall submit directly to the President, 

4 the President of the Senate, the Speaker of the House of 

5 Representatives, and the appropriate committees and sub6 committees of Congress, a report on the implementation 

7 of this section during the year preceding the year during 

8 which the report is submitted. Each such report shall in9 clude, for the year covered by the report— 

10 ‘‘(1) any allegations of abuse described under 

11 subsection (b)(6) and any actions by the Depart12 ment or a component, directorate, or office of the 

13 Department that the Officer identifies as responsive 

14 to such allegations; 

15 ‘‘(2) a list of Department programs and activi16 ties for which civil rights and civil liberties impact 

17 assessments were conducted, or policy advice, rec18 ommendations, or other technical assistance was 

19 provided; 

20 ‘‘(3) any recommendations issued by the Officer 

21 to the Secretary or the head of a component, direc22 torate, or office, together with information on the 

23 status of the implementation of such recommenda24 tions; 


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1 ‘‘(4) information on the diversity and equal em2 ployment opportunity activities of the Department, 

3 including information on complaint management and 

4 adjudication of equal employment opportunity com5 plaints and efforts to ensure compliance throughout 

6 the Department with equal employment opportunity 

7 requirements; 

8 ‘‘(5) a description of any efforts to engage with 

9 individuals and communities whose civil rights and 

10 civil liberties may be affected by activities carried 

11 out by the Department, including public meetings; 

12 and 

13 ‘‘(6) information on total staffing for the Office 

14 of Civil Rights and Civil Liberties, including— 

15 ‘‘(A) the number of full-time, part-time 

16 and contract support personnel; and 

17 ‘‘(B) information on the number of em18 ployees whose primary responsibilities include 

19 supporting the Officer in carrying out para20 graph (9) of subsection (b).’’. 

21 (b) REPORTING TO CONGRESS.—Section 

22 1062(f)(1)(A)(i) of the National Security Intelligence Re23 form Act of 2004 (42 U.S.C. 2000ee–1(f)(1)(A)(i)) is 

24 amended by inserting ‘‘the Committee on Homeland SecuVerDate Sep 11 2014 03:14 Nov 29, 2020 Jkt 019200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H8791.IH H8791

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1 rity of the House of Representatives,’’ after ‘‘Affairs of 

2 the Senate,’’. 

3 (c) COMPTROLLER GENERAL REVIEW.—Not later 

4 than 180 days after the date of the enactment of this Act, 

5 the Comptroller General of the United States shall submit 

6 to the Committee on Homeland Security of the House of 

7 Representatives and the Committee on Homeland Security 

8 and Governmental Affairs of the Senate a report on sub9 section (b)(11) of section 705 of the Homeland Security 

10 Act of 2002 (6 U.S.C. 345), as amended by subsection 

11 (a). 

12 (d) CLERICAL AMENDMENT.—The item relating to 

13 section 705 in section 1(b) of the Homeland Security Act 

14 of 2002 is amended to read as follows: 

‘‘Sec. 705. Officer for Civil Rights and Civil Liberties.’’. 

15 SEC. 116. THE COUNTERING WEAPONS OF MASS DESTRUC16 TION OFFICE. 

17 (a) QUALIFICATIONS FOR THE ASSISTANT SEC18 RETARY.—Section 1901(b) of the Homeland Security Act 

19 is amended by inserting before the period at the end the 

20 following: ‘‘and shall have experience and expertise in 

21 chemical, biological, radiological, or nuclear materials, de22 vices or agents and experience successfully leading a work23 force that includes scientists’’. 

24 (b) WORKFORCE MORALE AND RETENTION.—Not 

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1 ant Secretary for Countering Weapons of Mass Destruc2 tion, in coordination with the Chief Human Capital Officer 

3 of the Department, shall submit to the Committee on 

4 Homeland Security of the House of Representatives and 

5 the Committee on Homeland Security and Governmental 

6 Affairs of the Senate a plan, that includes metrics, for 

7 the Department to address morale and employee retention 

8 challenges within the office. 

9 (c) NATIONAL TECHNICAL NUCLEAR FORENSICS

10 CENTER.—Not later than 120 days after enactment of 

11 this Act, the Assistant Secretary for Countering Weapons 

12 of Mass Destruction shall submit a report on implementa13 tion of paragraphs (11) and (12) of section 1923(a) of 

14 the Homeland Security Act. 

15 (d) NOTICE OF DELAY.—Should the Secretary fail to 

16 comply with provisions of subsection (g) of section 2 of 

17 Public Law 115–387 by the deadline listed therein, the 

18 Secretary shall provide the Committee on Homeland Secu19 rity of the House of Representatives and the Committee 

20 on Homeland Security and Governmental Affairs of the 

21 Senate with written notice not later than one week fol22 lowing the deadline listed in subsection (g), specifying the 

23 reasons for the failure, and comply with the provisions of 

24 subsection (g) within two weeks of the delivery deadline 

25 of said notice. Nothing in this section shall be construed 


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1 to limit, or otherwise affect the reporting required under 

2 subsection (g). 

3 SEC. 117. COORDINATOR FOR UNMANNED AIRCRAFT SYS4 TEMS COUNTERMEASURES. 

5 (a) IN GENERAL.—Title III of the Homeland Secu6 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 

7 adding at the end the following new section: 

8 ‘‘SEC. 321. COUNTERING UNMANNED AIRCRAFT SYSTEMS 

9 COORDINATOR. 

10 ‘‘(a) COORDINATOR.—The Secretary shall designate 

11 an official of the Department as the Countering Un12 manned Aircraft Systems (UAS) Coordinator (in this sec13 tion referred to as the ‘Coordinator’) to coordinate with 

14 relevant Department offices and components, including 

15 the Office for Civil Rights and Civil Liberties and the Pri16 vacy Office, and other relevant Federal agencies, as appro17 priate, on the development of policies and plans to counter 

18 threats associated with UAS, including relating to the fol19 lowing: 

20 ‘‘(1) Countering UAS that may be used in a 

21 terrorist attack. 

22 ‘‘(2) Promoting research and development of 

23 counter UAS technologies. 

24 ‘‘(3) Ensuring the dissemination of information 

25 and guidance related to countering UAS threats. 


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1 ‘‘(4) Serving as the Department point of con2 tact for Federal, State, local, and Tribal law en3 forcement entities and the private sector regarding 

4 the Department’s activities related to countering 

5 UAS. 

6 ‘‘(5) Carrying out other related UAS activities, 

7 as directed by the Secretary. 

8 ‘‘(b) COORDINATION WITH APPLICABLE FEDERAL

9 LAWS.—The Coordinator shall, in addition to other as10 signed duties, coordinate with relevant Department offices 

11 and components and other relevant Federal agencies, as 

12 appropriate, to ensure testing, evaluation, or deployment 

13 of a system used to identify, assess, or defeat a UAS is 

14 carried out in accordance with applicable Federal laws. 

15 ‘‘(c) COORDINATION WITH PRIVATE SECTOR.—The 

16 Coordinator shall, working with the Office of Partnership 

17 and Engagement and other relevant Department offices 

18 and components, or other Federal agencies, as appro19 priate, serve as the principal Department official respon20 sible for disseminating to the private sector information 

21 regarding any opportunities for public-private collabora22 tion on counter UAS technology and other counter UAS 

23 technology information, particularly information that may 

24 impact the development, testing, or lawful utilization of 

25 counter UAS services or systems by the private sector.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) of the Homeland Security Act of 2002 is 

3 amended by inserting after the item relating to section 

4 320 the following new item: 

‘‘Sec. 321. Countering Unmanned Aircraft Systems Coordinator.’’. 

5 SEC. 118. DEPARTMENT OF HOMELAND SECURITY 

6 COUNTERTERRORISM ADVISORY BOARD. 

7 (a) IN GENERAL.—Subtitle A of title II of the Home8 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend9 ed by adding at the end the following new section: 

10 ‘‘SEC. 210H. DEPARTMENTAL COORDINATION ON COUNTER11 TERRORISM. 

12 ‘‘(a) ESTABLISHMENT.—There is in the Department 

13 a board to be composed of senior representatives of de14 partmental operational components and headquarters ele15 ments. The purpose of the board shall be to coordinate 

16 and integrate departmental intelligence, activities, and 

17 policy related to the Department’s counterterrorism mis18 sion and functions, including counter-targeted violence. 

19 ‘‘(b) CHARTER.—There shall be a charter to govern 

20 the structure and mission of the board. Such charter shall 

21 direct the board to focus on the current threat environ22 ment and the importance of aligning departmental 

23 counterterrorism activities under the Secretary’s guidance. 

24 The charter shall be reviewed and updated every 4 years, 

25 as appropriate. 


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1 ‘‘(c) MEMBERS.— 

2 ‘‘(1) CHAIR.—The Secretary shall appoint the 

3 Associate Secretary or other appropriate Depart4 mental official to serve as the chair of the board. 

5 ‘‘(2) ADDITIONAL MEMBERS.—The Secretary 

6 shall appoint additional members of the board from 

7 among the following: 

8 ‘‘(A) The Transportation Security Admin9 istration. 

10 ‘‘(B) United States Customs and Border 

11 Protection. 

12 ‘‘(C) United States Immigration and Cus13 toms Enforcement. 

14 ‘‘(D) The Federal Emergency Management 

15 Agency. 

16 ‘‘(E) The United States Coast Guard. 

17 ‘‘(F) United States Citizenship and Immi18 gration Services. 

19 ‘‘(G) The United States Secret Service. 

20 ‘‘(H) The Cybersecurity and Infrastructure 

21 Security Agency. 

22 ‘‘(I) The Office of Operations Coordina23 tion. 

24 ‘‘(J) The Office of the General Counsel. 

25 ‘‘(K) The Office of Privacy. 


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1 ‘‘(L) The Office of Civil Rights and Civil 

2 Liberties. 

3 ‘‘(M) The Office of Intelligence and Anal4 ysis. 

5 ‘‘(N) The Office of Strategy, Policy, and 

6 Plans. 

7 ‘‘(O) The Science and Technology Direc8 torate. 

9 ‘‘(P) The Countering Weapons of Mass 

10 Destruction Office. 

11 ‘‘(Q) The Federal Protective Service. 

12 ‘‘(R) Other Departmental offices and pro13 grams as determined appropriate by the Sec14 retary. 

15 ‘‘(d) MEETINGS.—The board shall meet on a regular 

16 basis to discuss intelligence and coordinate ongoing threat 

17 mitigation efforts and departmental activities, including 

18 coordination with other Federal, State, local, tribal, terri19 torial, and private sector partners, and shall make rec20 ommendations to the Secretary. 

21 ‘‘(e) TERRORISM ALERTS.—The board shall advise 

22 the Secretary on the issuance of terrorism alerts pursuant 

23 to section 203 of this Act.’’. 

24 (b) TRANSNATIONAL WHITE SUPREMACISM EXTRE25 MISM REPORT.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after enactment of this Act, the chair shall submit 

3 to the Committee on Homeland Security of the 

4 House of Representatives and the Committee on 

5 Homeland Security and Governmental Affairs of the 

6 Senate a report on current efforts and future plans 

7 to combat violence in the United States and against 

8 United States persons and interests abroad associ9 ated with foreign white supremacist extremist orga10 nizations. 

11 (2) CLASSIFICATION.—The report required 

12 under paragraph (1) shall be submitted in unclassi13 fied form and be made publicly available, but may 

14 include a classified annex for any sensitive or classi15 fied information if necessary. 

16 (c) CLERICAL AMENDMENT.—The table of contents 

17 in section 1(b) of such Act is amended by inserting after 

18 the item relating to section 210G the following new item: 

‘‘Sec. 210H. Departmental coordination on counterterrorism.’’. 

19 (d) REPORT.—Not later than 90 days after the date 

20 of the enactment of this Act, the Secretary shall submit 

21 to the Committee on Homeland Security of the House of 

22 Representatives and the Committee on Homeland Security 

23 and Governmental Affairs of the Senate a report on the 

24 status and activities of the board established under section 


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1 210H of the Homeland Security Act of 2002, as added 

2 by subsection (a). 

3 SEC. 119. DEPARTMENT OF HOMELAND SECURITY LEADER4 SHIP COUNCIL. 

5 (a) IN GENERAL.—Subtitle H of title VIII of the 

6 Homeland Security Act of 2002 is amended by adding at 

7 the end the following new section: 

8 ‘‘SEC. 890B. DEPARTMENT LEADERSHIP COUNCIL. 

9 ‘‘(a) DEPARTMENT LEADERSHIP COUNCIL.— 

10 ‘‘(1) ESTABLISHMENT.—The Secretary may es11 tablish a Department leadership council as the Sec12 retary determines necessary to ensure coordination 

13 and improve programs and activities of the Depart14 ment. 

15 ‘‘(2) FUNCTION.—A Department leadership 

16 council shall— 

17 ‘‘(A) serve as a forum for coordination and 

18 information sharing; 

19 ‘‘(B) advise the Secretary, Deputy Sec20 retary, and Associate Secretary on Department 

21 strategy, operations, and guidance; and 

22 ‘‘(C) consider and report on such other 

23 matters as the Secretary, Deputy Secretary, or 

24 Associate Secretary may direct. 


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1 ‘‘(3) RELATIONSHIP TO OTHER FORUMS.—The 

2 Secretary, Deputy Secretary, or Associate Secretary 

3 may delegate the authority to direct the implementa4 tion of any decision or guidance resulting from the 

5 action of a Department leadership council to any of6 fice, component, coordinator, or other senior official 

7 of the Department. 

8 ‘‘(b) JOINT REQUIREMENTS COUNCIL.— 

9 ‘‘(1) DEFINITION OF JOINT REQUIREMENT.—In 

10 this subsection, the term ‘joint requirement’ means 

11 a condition or need of more than one operating com12 ponents of the Department that is required to be 

13 met or possessed by a system, product, or service to 

14 satisfy an operational mission. 

15 ‘‘(2) ESTABLISHMENT.—The Secretary shall es16 tablish within the Department a Joint Requirements 

17 Council. 

18 ‘‘(3) MISSION.—In addition to other matters 

19 assigned to the Joint Requirements Council by the 

20 Secretary, Deputy Secretary, or the Associate Sec21 retary, the Joint Requirements Council shall— 

22 ‘‘(A) develop Department-wide policies for 

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1 cation and increase opportunities for efficiencies 

2 in meeting mission needs of the Department; 

3 ‘‘(B) assess and validate proposed capa4 bility gaps and requirements for all acquisition 

5 programs, to ensure alignment with the Depart6 ment’s strategic goals, and that requirements 

7 are well-defined, measurable, achievable, and 

8 cost-informed; 

9 ‘‘(C) implement portfolio reviews to iden10 tify common capability gaps or mission needs 

11 among components to harmonize investments 

12 and prevent unnecessary overlap and duplica13 tion among components; and 

14 ‘‘(D) assist with developing joint require15 ments for any common capability gaps or mis16 sion needs identified under subparagraph (C); 

17 ‘‘(E) prioritize new and existing require18 ments identified under subparagraphs (B) and 

19 (D) to make recommendations to the Secretary, 

20 Deputy Secretary, or Associate Secretary as a 

21 part of the Department’s annual budget devel22 opment process; 

23 ‘‘(F) track any changes to existing require24 ments, including the reasons for the changes, to 

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1 ments generation process across the Depart2 ment; and 

3 ‘‘(G) provide technical support and assist4 ance to components, including reviewing compo5 nent-level policies for identifying, validating, 

6 and prioritizing capability gaps and require7 ments to ensure alignment with the Depart8 ment-wide policies established under subpara9 graph (A). 

10 ‘‘(4) COMPOSITION.— 

11 ‘‘(A) CHAIRPERSON.—The Secretary shall 

12 appoint a chairperson of the Joint Require13 ments Council, for a term of not more than 4 

14 years, from among senior officials from compo15 nents of the Department or other senior offi16 cials as designated by the Secretary. 

17 ‘‘(B) PARTICIPATION.—The Secretary shall 

18 ensure participation of relevant senior officials 

19 representing components of the Department 

20 and other senior officials as designated by the 

21 Secretary. 

22 ‘‘(C) ADMINISTRATION.—The Secretary 

23 shall designate a full-time employee of the De24 partment to serve as the executive secretariat of 

25 the Council. 


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1 ‘‘(5) RELATIONSHIP TO FUTURE YEARS HOME2 LAND SECURITY PROGRAM.—The Secretary shall en3 sure that the Future Years Homeland Security Pro4 gram required under section 874 is consistent with 

5 any recommendations of the Joint Requirements 

6 Council required under paragraph (3)(E), as af7 firmed by the Secretary. 

8 ‘‘(6) ANNUAL REPORT.—Within one year of the 

9 date of enactment of this Act, and each year there10 after, the Chair of the Joint Requirements Council 

11 shall submit a report to the congressional homeland 

12 security committees (as such term is defined in sec13 tion 830) summarizing the activities of the Council 

14 during the preceding fiscal year. The report shall in15 clude a list of documents validated by the Council 

16 that identifies, at a minimum, the following details: 

17 ‘‘(A) The type of document. 

18 ‘‘(B) The relevant components. 

19 ‘‘(C) The document version, if previously 

20 validated, and reason for review or revision. 

21 ‘‘(D) The dates of initial submission and 

22 final validation.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 in section 1(b) of the Homeland Security Act of 2002 is 


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1 amended by inserting after the item relating to section 

2 890A the following new item: 

‘‘Sec. 890B. Department leadership council.’’. 

3 SEC. 120. SCHOOL SECURITY COORDINATING COUNCIL. 

4 (a) IN GENERAL.—Title VII of the Homeland Secu5 rity Act of 2002 (6 U.S.C. 341 et seq.), as amended by 

6 this Act, is further amended by adding at the end the fol7 lowing new section: 

8 ‘‘SEC. 714. SCHOOL SECURITY COORDINATING COUNCIL. 

9 ‘‘(a) ESTABLISHMENT.—There is established in the 

10 Department a coordinating council to ensure that, to the 

11 maximum extent practicable, activities, plans, and policies 

12 to enhance the security of an early childhood education 

13 program, elementary school, high school, or secondary 

14 schools against an act of terrorism are coordinated. 

15 ‘‘(b) COMPOSITION.—The members of the council es16 tablished pursuant to subsection (a) shall include the fol17 lowing: 

18 ‘‘(1) The Under Secretary for Strategy, Policy, 

19 and Plans. 

20 ‘‘(2) The Director of the Cybersecurity and In21 frastructure Security. 

22 ‘‘(3) The Administrator of the Federal Emer23 gency Management Agency. 

24 ‘‘(4) The Director of the Secret Service. 


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1 ‘‘(5) The Executive Director of the Office of 

2 Academic Engagement. 

3 ‘‘(6) The Assistant Secretary for Public Affairs. 

4 ‘‘(7) The Civil Rights and Civil Liberties Offi5 cer. 

6 ‘‘(8) The Privacy Officer. 

7 ‘‘(9) Any other official of the Department the 

8 Secretary determines appropriate. 

9 ‘‘(c) LEADERSHIP.—The Secretary shall designate a 

10 member of the council to serve as chair of the council. 

11 ‘‘(d) REPORTS.—Not later than 180 days after enact12 ment of this section, and annually thereafter, the Sec13 retary shall submit to the Committee on Homeland Secu14 rity of the House of Representatives and the Committee 

15 on Homeland Security and Governmental Affairs of the 

16 Senate a report regarding the council’s activities during 

17 the preceding year, including information on any metrics 

18 regarding the efficacy of such activities and any engage19 ment with stakeholders outside of the Federal Govern20 ment. 

21 ‘‘(e) DEFINITIONS.—In this section, the terms ‘early 

22 childhood education program’, ‘elementary school’, ‘high 

23 school’, and ‘secondary school’ have the meanings given 

24 such terms in section 8101 of the Elementary and Sec25 ondary Education Act of 1965 (20 U.S.C. 7801).’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) of the Homeland Security Act of 2002 is 

3 amended by inserting after the item relating to section 

4 714 the following new item: 

‘‘Sec. 714. School security coordinating council.’’. 

5 Subtitle B—Workforce Reforms 

6 SEC. 131. CHIEF HUMAN CAPITAL OFFICER. 

7 Section 704 of the Homeland Security Act of 2002 

8 (6 U.S.C. 344) is amended— 

9 (1) in subsection (b)— 

10 (A) in paragraph (1)— 

11 (i) by inserting ‘‘, including with re12 spect to leadership development and em13 ployee engagement,’’ after ‘‘policies’’; 

14 (ii) by striking ‘‘and in line’’ and in15 serting ‘‘, in line’’; and 

16 (iii) by inserting ‘‘and informed by 

17 best practices within the Federal Govern18 ment and the private sector,’’ after ‘‘prior19 ities,’’; 

20 (B) in paragraph (2), by striking ‘‘develop 

21 performance measures to provide a basis for 

22 monitoring and evaluating’’ and inserting 

23 ‘‘evaluate, on an ongoing basis,’’; 


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1 (C) in paragraph (3), by inserting ‘‘that, 

2 to the extent practicable, are informed by em3 ployee feedback’’ after ‘‘policies’’; 

4 (D) in paragraph (4), by inserting ‘‘includ5 ing internship, leadership development, and em6 ployee engagement programs,’’ before ‘‘in co7 ordination’’; 

8 (E) in paragraph (5), by inserting before 

9 the semicolon at the end the following: ‘‘that is 

10 informed by an assessment, carried out by the 

11 Chief Human Capital Officer, of the learning 

12 and developmental needs of employees in super13 visory and non-supervisory roles across the De14 partment and appropriate workforce planning 

15 initiatives’’; 

16 (F) by redesignating paragraphs (9) and 

17 (10) as paragraphs (12) and (13), respectively; 

18 and 

19 (G) by inserting after paragraph (8) the 

20 following new paragraphs: 

21 ‘‘(9) maintain a catalogue of available intern22 ship and employee development opportunities, in23 cluding the Homeland Security Rotation Program 

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1 velopment programs, interagency development pro2 grams, and other rotational programs; 

3 ‘‘(10) ensure that employee discipline and ad4 verse action programs comply with the requirements 

5 of all pertinent laws, rules, regulations, and Federal 

6 guidance, and ensure due process for employees; 

7 ‘‘(11) analyze each Department or Government8 wide Federal workforce satisfaction or morale survey 

9 within 90 days of the publication of any such survey 

10 and submit to the Secretary such analysis and, as 

11 appropriate, any recommendations to improve work12 force satisfaction or morale within the Depart13 ment;’’; 

14 (H) in paragraph (12), as so redesignated, 

15 by striking ‘‘and’’ after the semicolon at the 

16 end; 

17 (I) in paragraph (13), as so redesignated, 

18 by striking the period at the end and inserting 

19 ‘‘; and’’; and 

20 (J) by adding at the end the following new 

21 paragraph: 

22 ‘‘(14) oversee the consolidation, integration, 

23 and modernization of the Department’s human cap24 ital information technology infrastructure, including 


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1 systems to manage employee and contractor training 

2 records and employee performance records.’’; 

3 (2) by redesignating subsections (d) and (e) as 

4 subsections (f) and (g), respectively; 

5 (3) by inserting after subsection (c) the fol6 lowing new subsections: 

7 ‘‘(d) CHIEF LEARNING AND ENGAGEMENT OFFI8 CER.—The Chief Human Capital Officer may designate 

9 an employee of the Department to serve as a Chief Learn10 ing and Engagement Officer to assist the Chief Human 

11 Capital Officer in carrying out this section. 

12 ‘‘(e) INTERNSHIP PROGRAMS.— 

13 ‘‘(1) IN GENERAL.—In carrying out the respon14 sibilities identified in subsections (b)(4) and (b)(9), 

15 the Chief Human Capital Officer shall, in coordina16 tion with all the components of the Department— 

17 ‘‘(A) regularly review the catalogue of in18 ternships to ensure each program’s purpose, 

19 structure, and eligibility requirements align 

20 with Department and component workforce 

21 strategies and to eliminate unnecessary or du22 plicative programs; 

23 ‘‘(B) maintain data on the number of par24 ticipants, including attrition and graduation 


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1 rates, for each internship program by fiscal 

2 year; 

3 ‘‘(C) identify opportunities and mecha4 nisms to convert or hire internship participants 

5 that satisfactorily complete program require6 ments to permanent positions; 

7 ‘‘(D) track the conversion or hiring rates 

8 of internship participants to permanent posi9 tions within the Department or components by 

10 program; and 

11 ‘‘(E) share lessons learned and opportuni12 ties for improving the management and admin13 istration of internship programs within the De14 partment and components. 

15 ‘‘(2) DEFINITIONS.—In this section, the term 

16 ‘internship’ means any program that provides tem17 porary employment or work experience to partici18 pants, including current students and recent grad19 uates.’’; and 

20 (4) in subsection (f), as so redesignated— 

21 (A) by redesignating paragraphs (2), (3), 

22 and (4) as paragraphs (6), (7), and (8), respec23 tively; and 

24 (B) by inserting after paragraph (1) the 

25 following new paragraphs: 


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1 ‘‘(2) information on employee development op2 portunities catalogued pursuant to paragraph (9) of 

3 subsection (b) and any available data on participa4 tion rates, attrition rates, and impacts on retention 

5 and employee satisfaction; 

6 ‘‘(3) information on the progress of Depart7 ment-wide strategic workforce planning efforts as 

8 determined under paragraph (2) of subsection (b); 

9 ‘‘(4) information on the activities of the em10 ployee engagement steering committee established 

11 pursuant to section 715, including the number of 

12 meeting, types of materials developed and distrib13 uted, and recommendations made to the Secretary; 

14 ‘‘(5) information on the implementation status 

15 of any cybersecurity-focused personnel systems used 

16 to recruit, retain, and manage mission critical 

17 cybersecurity talent authorized pursuant to the Sec18 retary’s authority under section 2208;’’. 

19 SEC. 132. EMPLOYEE ENGAGEMENT STEERING COMMITTEE 

20 AND ACTION PLAN. 

21 (a) IN GENERAL.—Title VII of the Homeland Secu22 rity Act of 2002 (6 U.S.C. 341 et seq.), as amended by 

23 this Act, is further amended by adding at the end the fol24 lowing new section: 


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1 ‘‘SEC. 715. EMPLOYEE ENGAGEMENT. 

2 ‘‘(a) STEERING COMMITTEE.—Not later than 120 

3 days after the date of the enactment of this section, the 

4 Secretary shall establish an employee engagement steering 

5 committee, including representatives from operational 

6 components, headquarters, and field personnel, including 

7 supervisory and non-supervisory personnel, and employee 

8 labor organizations that represent Department employees, 

9 and chaired by the Under Secretary for Management, to 

10 carry out the following activities: 

11 ‘‘(1) Identify factors that have a negative im12 pact on employee engagement, morale, and commu13 nications within the Department, such as percep14 tions about limitations on career progression, mobil15 ity, or development opportunities, collected through 

16 employee feedback platforms, including through an17 nual employee surveys, questionnaires, and other 

18 communications, as appropriate. 

19 ‘‘(2) Identify, develop, and distribute initiatives 

20 and best practices to improve employee engagement, 

21 morale, and communications within the Department, 

22 including through annual employee surveys, ques23 tionnaires, and other communications, as appro24 priate. 

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1 nications based on employee feedback provided 

2 through annual employee surveys, questionnaires, 

3 and other communications, as appropriate. 

4 ‘‘(4) Advise the Secretary on efforts to improve 

5 employee engagement, morale, and communications 

6 within specific components and across the Depart7 ment. 

8 ‘‘(5) Conduct regular meetings and report, not 

9 less than once per quarter, to the Under Secretary 

10 for Management, the head of each component, and 

11 the Secretary on Department-wide efforts to improve 

12 employee engagement, morale, and communications. 

13 ‘‘(b) ACTION PLAN; REPORTING.—The Secretary, 

14 acting through the Chief Human Capital Officer, shall— 

15 ‘‘(1) not later than 120 days after the date of 

16 the establishment of the employee engagement steer17 ing committee under subsection (a), issue a Depart18 ment-wide employee engagement action plan, reflect19 ing input from the steering committee and employee 

20 feedback provided through annual employee surveys, 

21 questionnaires, and other communications in accord22 ance with paragraph (1) of such subsection, to exe23 cute strategies to improve employee engagement, 

24 morale, and communications within the Department; 

25 and 


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1 ‘‘(2) require the head of each component to— 

2 ‘‘(A) develop and implement a component3 specific employee engagement plan to advance 

4 the action plan required under paragraph (1) 

5 that includes performance measures and objec6 tives, is informed by employee feedback pro7 vided through annual employee surveys, ques8 tionnaires, and other communications, as appro9 priate, and sets forth how employees and, where 

10 applicable, their labor representatives, are to be 

11 integrated in developing programs and initia12 tives; 

13 ‘‘(B) monitor progress on implementation 

14 of such action plan; and 

15 ‘‘(C) provide to the Chief Human Capital 

16 Officer and the steering committee quarterly re17 ports on actions planned and progress made 

18 under this paragraph. 

19 ‘‘(c) TERMINATION.—This section shall terminate on 

20 the date that is five years after the date of the enactment 

21 of this section.’’. 

22 (b) CLERICAL AMENDMENT.—The table of contents 

23 in section 1(b) of the Homeland Security Act of 2002 is 

24 amended by inserting after the item related to section 714, 

25 as added by this Act, the following new item: 

‘‘Sec. 715. Employee engagement.’’. 


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1 (c) SUBMISSIONS TO CONGRESS.— 

2 (1) DEPARTMENT-WIDE EMPLOYEE ENGAGE3 MENT ACTION PLAN.—The Secretary of Homeland 

4 Security, acting through the Chief Human Capital 

5 Officer of the Department of Homeland Security, 

6 shall submit to the Committee on Homeland Secu7 rity of the House of Representatives and the Com8 mittee on Homeland Security and Governmental Af9 fairs of the Senate the Department of Homeland Se10 curity-wide employee engagement action plan re11 quired under subsection (b)(1) of section 715 of the 

12 Homeland Security Act of 2002 (as added by sub13 section (a) of this section) not later than 30 days 

14 after the issuance of such plan. 

15 (2) COMPONENT-SPECIFIC EMPLOYEE ENGAGE16 MENT PLANS.—Each head of a component of the 

17 Department of Homeland Security shall submit to 

18 the Committee on Homeland Security of the House 

19 of Representatives and the Committee on Homeland 

20 Security and Governmental Affairs of the Senate the 

21 component-specific employee engagement plan of 

22 each such component required under subsection 

23 (b)(2) of section 715 of the Homeland Security Act 

24 of 2002 (as added by subsection (a) of this section) 


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1 not later than 30 days after the issuance of each 

2 such plan. 

3 SEC. 133. ANNUAL EMPLOYEE AWARD PROGRAM. 

4 (a) IN GENERAL.—Title VII of the Homeland Secu5 rity Act of 2002 (6 U.S.C. 341 et seq.), as amended by 

6 this Act, is further amended by adding at the end the fol7 lowing new section: 

8 ‘‘SEC. 716. ANNUAL EMPLOYEE AWARD PROGRAM. 

9 ‘‘(a) IN GENERAL.—The Secretary may establish an 

10 annual employee award program to recognize Department 

11 employees or groups of employees for significant contribu12 tions to the achievement of the Department’s goals and 

13 missions. If such a program is established, the Secretary 

14 shall— 

15 ‘‘(1) establish within such program categories 

16 of awards, each with specific criteria, that empha17 sizes honoring employees who are at the non-super18 visory level; 

19 ‘‘(2) publicize within the Department how any 

20 employee or group of employees may be nominated 

21 for an award; 

22 ‘‘(3) establish an internal review board com23 prised of representatives from Department compo24 nents, headquarters, and field personnel to submit to 


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1 the Secretary award recommendations regarding 

2 specific employees or groups of employees; 

3 ‘‘(4) select recipients from the pool of nominees 

4 submitted by the internal review board under para5 graph (3) and convene a ceremony at which employ6 ees or groups of employees receive such awards from 

7 the Secretary; and 

8 ‘‘(5) publicize such program within the Depart9 ment. 

10 ‘‘(b) INTERNAL REVIEW BOARD.—The internal re11 view board described in subsection (a)(3) shall, when car12 rying out its function under such subsection, consult with 

13 representatives from operational components and head14 quarters, including supervisory and non-supervisory per15 sonnel, and employee labor organizations that represent 

16 Department employees. 

17 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec18 tion may be construed to authorize additional funds to 

19 carry out the requirements of this section or to require 

20 the Secretary to provide monetary bonuses to recipients 

21 of an award under this section.’’. 

22 (b) CLERICAL AMENDMENT.—The table of contents 

23 in section 1(b) of the Homeland Security Act of 2002 is 

24 amended by inserting after the item relating to section 

25 715, as added by this Act, the following new item: 

‘‘Sec. 716. Annual employee award program.’’. 


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1 SEC. 134. DEPARTMENT OF HOMELAND SECURITY ROTA2 TION PROGRAM. 

3 (a) ENHANCEMENTS TO THE ROTATION PROGRAM.— 

4 Section 844 of the Homeland Security Act of 2002 (6 

5 U.S.C. 414) is amended— 

6 (1) By striking ‘‘(a) ESTABLISHMENT.—’’ 

7 (2) by redesignating paragraphs (1) through 

8 (5) as subsections (a) through (e), respectively, and 

9 adjusting the margins accordingly; 

10 (3) in subsection (a), as so redesignated, in the 

11 first sentence— 

12 (A) by striking ‘‘Not later than 180 days 

13 after the date of enactment of this section, the’’ 

14 and inserting ‘‘The’’; and 

15 (B) by striking ‘‘for employees of the De16 partment’’ and inserting ‘‘for certain personnel 

17 within the Department’’; 

18 (4) in subsection (b), as so redesignated— 

19 (A) by redesignating subparagraphs (A) 

20 through (G) as paragraphs (3) through (9), re21 spectively, and adjusting the margins accord22 ingly; 

23 (B) by inserting before paragraph (3), as 

24 so redesignated, the following new paragraphs: 

25 ‘‘(1) seek to foster greater departmental inte26 gration and unity of effort; 


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1 ‘‘(2) seek to help enhance the knowledge, skills, 

2 and abilities of participating personnel with respect 

3 to the programs, policies, and activities of the De4 partment;’’; 

5 (C) in paragraph (4), as so redesignated, 

6 by striking ‘‘middle and senior level employees’’ 

7 and inserting ‘‘personnel’’; and 

8 (D) in paragraph (7), as so redesignated, 

9 by inserting before ‘‘invigorate’’ the following: 

10 ‘‘seek to improve morale and retention through11 out the Department and’’; 

12 (5) in subsection (c), as redesignated by para13 graph (2)— 

14 (A) by redesignating subparagraphs (A) 

15 and (B) as paragraphs (1) and (2), respectively, 

16 and adjusting the margins accordingly; and 

17 (B) in paragraph (2), as so redesignated— 

18 (i) by striking clause (iii); and 

19 (ii) by redesignating clauses (i), (ii), 

20 and (iv) through (viii) as subparagraphs 

21 (A) through (G), respectively, and adjust22 ing the margins accordingly; 

23 (6) by redesignating subsections (d) and (e), as 

24 redesignated by paragraph (2), as subsections (e) 

25 and (f), respectively; 


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1 (7) by inserting after subsection (c) the fol2 lowing new subsection: 

3 ‘‘(d) ADMINISTRATIVE MATTERS.—In carrying out 

4 the Rotation Program the Secretary shall— 

5 ‘‘(1) before selecting employees for participation 

6 in the Rotation Program, disseminate information 

7 broadly within the Department about the availability 

8 of the Rotation Program, qualifications for partici9 pation in the Rotation Program, including a min10 imum length of full-time employment within the em11 ploying component or office not less than one year, 

12 and the general provisions of the Rotation Program; 

13 ‘‘(2) require as a condition of participation in 

14 the Rotation Program that an employee— 

15 ‘‘(A) is nominated by the head of the com16 ponent or office employing the employee; and 

17 ‘‘(B) is selected by the Secretary, or the 

18 Secretary’s designee, solely on the basis of rel19 ative ability, knowledge, and skills, after fair 

20 and open competition that assures that all can21 didates receive equal opportunity; 

22 ‘‘(3) ensure that each employee participating in 

23 the Rotation Program shall be entitled to return, 

24 within a reasonable period of time after the end of 

25 the period of participation, to the position held by 


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1 the employee, or a corresponding or higher position, 

2 in the component or office that employed the em3 ployee prior to the participation of the employee in 

4 the Rotation Program; 

5 ‘‘(4) require that the rights that would be avail6 able to the employee if the employee were detailed 

7 from the employing component or office to another 

8 Federal agency or office remain available to the em9 ployee during the employee’s participation in the Ro10 tation Program; and 

11 ‘‘(5) require that, during the period of partici12 pation by an employee in the Rotation Program, per13 formance evaluations for the employee shall be— 

14 ‘‘(A) conducted by officials in the office or 

15 component employing the employee with input 

16 from the supervisors of the employee at the 

17 component or office in which the employee is 

18 placed during such period; and 

19 ‘‘(B) provided the same weight with re20 spect to promotions and other rewards as per21 formance evaluations for service in the office or 

22 component employing the employee.’’; and 

23 (8) by adding at the end the following new sub24 section: 


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1 ‘‘(g) INTELLIGENCE ROTATIONAL ASSIGNMENT PRO2 GRAM.— 

3 ‘‘(1) ESTABLISHMENT.—The Secretary shall es4 tablish an Intelligence Rotational Assignment Pro5 gram as part of the Rotation Program under sub6 section (a). 

7 ‘‘(2) ADMINISTRATION.—The Chief Human 

8 Capital Officer, in conjunction with the Chief Intel9 ligence Officer, shall administer the Intelligence Ro10 tational Assignment Program established pursuant 

11 to paragraph (1). 

12 ‘‘(3) ELIGIBILITY.—The Intelligence Rotational 

13 Assignment Program established pursuant to para14 graph (1) shall be open to employees serving in ex15 isting analyst positions within the Department’s In16 telligence Enterprise and other Department employ17 ees as determined appropriate by the Chief Human 

18 Capital Officer and the Chief Intelligence Officer. 

19 ‘‘(4) COORDINATION.—The responsibilities 

20 specified in subsection (c)(2) that apply to the Rota21 tion Program under such subsection shall, as appli22 cable, also apply to the Intelligence Rotational As23 signment Program under this subsection.’’. 

24 (b) CONGRESSIONAL NOTIFICATION AND OVER25 SIGHT.—Not later than 120 days after the date of the enVerDate Sep 11 2014 03:14 Nov 29, 2020 Jkt 019200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H8791.IH H8791

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1 actment of this Act, the Secretary of Homeland Security 

2 shall provide to the Committee on Homeland Security and 

3 the Permanent Select Committee on Intelligence of the 

4 House of Representatives and the Committee on Home5 land Security and Governmental Affairs of the Senate in6 formation about the status of the Homeland Security Ro7 tation Program authorized by section 844 of the Home8 land Security Act of 2002, as amended by subsection (a) 

9 of this section. 

10 SEC. 135. HOMELAND SECURITY ROTATIONAL 

11 CYBERSECURITY RESEARCH PROGRAM AT 

12 THE COAST GUARD ACADEMY. 

13 (a) IN GENERAL.—Subtitle E of title VIII of the 

14 Homeland Security Act of 2002 (6 U.S.C. 411 et seq.) 

15 is amended by adding at the end the following new section: 

16 ‘‘SEC. 846. ROTATIONAL CYBERSECURITY RESEARCH PRO17 GRAM. 

18 ‘‘To enhance the Department’s cybersecurity capac19 ity, the Secretary may establish a rotational research, de20 velopment, and training program to— 

21 ‘‘(1) detail to the Cybersecurity and Infrastruc22 ture Security Agency (including the national 

23 cybersecurity and communications integration center 

24 authorized by section 2209) Coast Guard Academy 

25 graduates and faculty; and 


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1 ‘‘(2) detail to the Coast Guard Academy, as 

2 faculty, individuals with expertise and experience in 

3 cybersecurity who are employed by— 

4 ‘‘(A) the Cybersecurity and Infrastructure 

5 Security Agency (including employees from the 

6 national cybersecurity and communications inte7 gration center); 

8 ‘‘(B) the Directorate of Science and Tech9 nology; or 

10 ‘‘(C) an institution that has been des11 ignated by the Department as a Center of Ex12 cellence for Cyber Defense, or the equivalent.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 in section 1(b) of such Act is amended by adding at the 

15 of the items relating to such subtitle the following: 

‘‘Sec. 846. Rotational cybersecurity research program.’’. 

16 SEC. 136. DEPARTMENT OF HOMELAND SECURITY INTEL17 LIGENCE AND CYBERSECURITY DIVERSITY 

18 FELLOWSHIP PROGRAM. 

19 (a) PROGRAM.—Subtitle D of title XIII of the Home20 land Security Act of 2002 (5 U.S.C. 3301 note et seq.) 

21 is amended by adding at the end the following new section: 

22 ‘‘SEC. 1333. INTELLIGENCE AND CYBERSECURITY DIVER23 SITY FELLOWSHIP PROGRAM. 

24 ‘‘(a) PROGRAM.—The Secretary shall carry out an in25 telligence and cybersecurity diversity fellowship program 


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1 (in this section referred to as the ‘Program’) under which 

2 an eligible individual may— 

3 ‘‘(1) participate in a paid internship at the De4 partment that relates to intelligence, cybersecurity, 

5 or some combination thereof; 

6 ‘‘(2) receive tuition assistance from the Sec7 retary; and 

8 ‘‘(3) upon graduation from an institution of 

9 higher education and successful completion of the 

10 Program, receive an offer of employment to work in 

11 an intelligence or cybersecurity position of the De12 partment that is in the excepted service. 

13 ‘‘(b) ELIGIBILITY.—To be eligible to participate in 

14 the Program, an individual shall— 

15 ‘‘(1) be a citizen of the United States; and 

16 ‘‘(2) as of the date of submitting the applica17 tion to participate in the Program— 

18 ‘‘(A) have a cumulative grade point aver19 age of at least 3.2 on a 4.0 scale; and 

20 ‘‘(B) be a sophomore, junior, or senior 

21 at— 

22 ‘‘(i) a historically Black college or uni23 versity or a minority-serving institution; or 

24 ‘‘(ii) an institution of higher education 

25 that is not a historically Black college or 


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1 university or a minority-serving institution 

2 and be an active participant in a minority 

3 serving organization of such institution. 

4 ‘‘(c) DIRECT HIRE AUTHORITY.—If an individual 

5 who receives an offer of employment under subsection 

6 (a)(3) accepts such offer, the Secretary shall appoint, 

7 without regard to provisions of subchapter I of chapter 

8 33 of title 5, United States Code (except for section 3328 

9 of such title), such individual to the position specified in 

10 such offer. 

11 ‘‘(d) REPORTS.— 

12 ‘‘(1) REPORTS.—Not later than 1 year after the 

13 date of the enactment of this section, and on an an14 nual basis thereafter, the Secretary shall submit to 

15 the appropriate committees of Congress a report on 

16 the Program. 

17 ‘‘(2) MATTERS.—Each report under paragraph 

18 (1) shall include, with respect to the most recent 

19 year, the following: 

20 ‘‘(A) A description of outreach efforts by 

21 the Secretary to raise awareness of the Pro22 gram among institutions of higher education in 

23 which eligible individuals are enrolled. 


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1 ‘‘(B) Information on specific recruiting ef2 forts conducted by the Secretary to increase 

3 participation in the Program. 

4 ‘‘(C) The number of individuals partici5 pating in the Program, listed by the institution 

6 of higher education in which the individual is 

7 enrolled at the time of participation, and infor8 mation on the nature of such participation, in9 cluding on whether the duties of the individual 

10 under the Program relate primarily to intel11 ligence or to cybersecurity. 

12 ‘‘(D) The number of individuals who ac13 cepted an offer of employment under the Pro14 gram and an identification of the element with15 in the Department to which each individual was 

16 appointed. 

17 ‘‘(e) DEFINITIONS.—In this section: 

18 ‘‘(1) APPROPRIATE COMMITTEES OF CON19 GRESS.—The term ‘appropriate committees of Con20 gress’ means— 

21 ‘‘(A) the Committee on Homeland Security 

22 and the Permanent Select Committee on Intel23 ligence of the House of Representatives; and 


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1 ‘‘(B) the Committee on Homeland Security 

2 and Governmental Affairs and the Select Com3 mittee on Intelligence of the Senate. 

4 ‘‘(2) EXCEPTED SERVICE.—The term ‘excepted 

5 service’ has the meaning given that term in section 

6 2103 of title 5, United States Code. 

7 ‘‘(3) HISTORICALLY BLACK COLLEGE OR UNI8 VERSITY.—The term ‘historically Black college or 

9 university’ has the meaning given the term ‘part B 

10 institution’ in section 322 of the Higher Education 

11 Act of 1965 (20 U.S.C. 1061). 

12 ‘‘(4) INSTITUTION OF HIGHER EDUCATION.— 

13 The term ‘institution of higher education’ has the 

14 meaning given that term in section 101 of the High15 er Education Act of 1965 (20 U.S.C. 1001). 

16 ‘‘(5) MINORITY-SERVING INSTITUTION.—The 

17 term ‘minority-serving institution’ means an institu18 tion of higher education described in section 371(a) 

19 of the Higher Education Act of 1965 (20 U.S.C. 

20 1067q(a)).’’. 

21 (b) CLERICAL AMENDMENTS.—The table of contents 

22 for such Act is amended by inserting after the item relat23 ing to section 1332 the following new item: 

‘‘Sec. 1333. Intelligence and cybersecurity diversity fellowship program.’’. 


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1 SEC. 137. CYBER TALENT MANAGEMENT SYSTEM REPORT2 ING. 

3 Section 2208 of the Homeland Security Act of 2002 

4 (6 U.S.C. 658) is amended— 

5 (1) in subsection (c)— 

6 (A) by striking ‘‘section’’ and inserting 

7 ‘‘Act’’; and 

8 (B) by striking ‘‘for 4 years’’. 

9 (2) in paragraph (2)(B), by inserting ‘‘and per10 formance against those measures compared to the 

11 prior year’’ after ‘‘progress’’; and 

12 (3) in paragraph (4)— 

13 (A) by redesignating paragraphs (A), (B), 

14 (C), (D), (E), and (F) as paragraphs (B), (C), 

15 (D), (E), (F), and (G), respectively; and 

16 (B) by inserting after paragraph (4) the 

17 following new paragraph: 

18 ‘‘(A) the target number of qualified posi19 tions to be filled by occupation and grade and 

20 level or pay band;’’. 

21 SEC. 138. ACQUISITION WORKFORCE. 

22 (a) IN GENERAL.—Title VII of the Homeland Secu23 rity Act of 2002 (6 U.S.C. 341 et seq.) as amended by 

24 this Act, is further amended by adding at the end the fol25 lowing new section: 


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1 ‘‘SEC. 717. ACQUISITION WORKFORCE. 

2 ‘‘(a) POLICIES.—The Under Secretary for Manage3 ment shall establish policies and procedures for the effec4 tive management (including accession, education, training, 

5 and career development) of persons serving in the acquisi6 tion workforce within the Department and, to the extent 

7 practicable, shall ensure such policies and procedures are 

8 implemented uniformly throughout the Department. 

9 ‘‘(b) DESIGNATION.— 

10 ‘‘(1) ACQUISITION CAREER FIELDS.—The 

11 Under Secretary for Management shall designate 

12 those career fields in the Department that are acqui13 sition related for the purposes of this section. Such 

14 career fields shall include, at a minimum, the fol15 lowing areas: 

16 ‘‘(A) Program management. 

17 ‘‘(B) Systems planning, development, and 

18 engineering. 

19 ‘‘(C) Test and evaluation. 

20 ‘‘(D) Procurement, including contracting. 

21 ‘‘(E) Life cycle logistics. 

22 ‘‘(F) Information technology. 

23 ‘‘(G) Cybersecurity. 

24 ‘‘(H) Cost estimating and financial man25 agement. 


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1 ‘‘(I) Production, quality assurance, and 

2 manufacturing. 

3 ‘‘(J) Property management. 

4 ‘‘(2) CRITICAL POSITIONS.—The Under Sec5 retary for Management shall designate those posi6 tions within each career field specified in paragraph 

7 (1) that are considered critical. Such positions may 

8 only be filled by a properly qualified full-time Gov9 ernment employee and, for each major acquisition 

10 program (as such terms is defined in section 830), 

11 shall include— 

12 ‘‘(A) Program Manager; 

13 ‘‘(B) Deputy Program Manager; and 

14 ‘‘(C) any other position of significant re15 sponsibility in an acquisition career field in 

16 which the primary duties are supervisory or 

17 management duties. 

18 ‘‘(c) CAREER PATHS.— 

19 ‘‘(1) REQUIREMENTS.—For each acquisition ca20 reer field designated under subsection (b), the Under 

21 Secretary for Management shall establish: 

22 ‘‘(A) QUALIFICATIONS.—Education, train23 ing, and experience requirements based on the 

24 level of complexity of duties carried out in the 

25 position. 


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1 ‘‘(B) CERTIFICATIONS.—Identify course 

2 work and on-the-job training requirements that 

3 demonstrate qualifications at specified levels in 

4 each career field. 

5 ‘‘(2) DELEGATION.—The Under Secretary for 

6 Management shall identify a lead office with subject 

7 matter expertise for each career field to— 

8 ‘‘(A) determine the qualification and cer9 tification requirements required under para10 graph (1) for each specified level; 

11 ‘‘(B) outline procedures and timeframes 

12 for maintaining and renewing certifications; 

13 ‘‘(C) regularly review certification require14 ments to make updates, as needed, to keep pace 

15 with advancements in each career field; and 

16 ‘‘(D) disseminate information on qualifica17 tion and certification requirements, including 

18 any updates pursuant to subparagraph (C), at 

19 least annually.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 in section 1(b) of the Homeland Security Act of 2002 is 

22 amended by inserting after the item relating to section 

23 716, as added by this Act, the following new item: 

‘‘Sec. 717. Acquisition workforce.’’. 

24 (c) WORKFORCE PLAN.—Not later than one year 

25 after the enactment of this Act, the Under Secretary for 


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1 Management shall submit to the congressional homeland 

2 security committees and the Comptroller General of the 

3 United States an acquisition workforce plan. 

4 (d) CONTENTS.—The plan required under subsection 

5 (c) shall include— 

6 (1) a comparison of the number of needed and 

7 actual positions in each career field of the Depart8 ment’s acquisition workforce, including that filled by 

9 contractors, by component and by certification level, 

10 as appropriate; 

11 (2) a strategy for addressing any gaps identi12 fied in the comparison pursuant to paragraph (1), 

13 including efforts to recruit and train qualified indi14 viduals and a cost-benefit analysis of filling positions 

15 with contractors or government employees; and 

16 (3) any risks or challenges the Department 

17 faces in recruiting, training, or maintaining a quali18 fied acquisition workforce and strategies for miti19 gating those risks or challenges. 

20 (e) CONSULTATION.—In developing the plan required 

21 under subsection (c), the Under Secretary for Manage22 ment may consult with headquarters, components, employ23 ees in the field, and individuals from industry and the aca24 demic community. 


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1 (f) REVIEW.—Not later than one year after the plan 

2 required under subsection (c) is submitted, the Comp3 troller General of the United States shall conduct a review 

4 of the plan and submit a report of its findings to the con5 gressional homeland security committees. The review shall 

6 include an assessment of the reliability of the workforce 

7 data reported in the plan; an evaluation of the Depart8 ment’s strategy for addressing any identified workforce 

9 gaps, risks, or challenges; and any other recommendations 

10 for improving the Department’s acquisition workforce. 

11 SEC. 139. ACQUISITION PROFESSIONAL CAREER PROGRAM. 

12 (a) IN GENERAL.—Title VII of the Homeland Secu13 rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 

14 adding at the end the following new section: 

15 ‘‘SEC. 718. ACQUISITION PROFESSIONAL CAREER PRO16 GRAM. 

17 ‘‘(a) ESTABLISHMENT.—There is established in the 

18 Department an acquisition professional career program to 

19 develop a cadre of acquisition professionals within the De20 partment. 

21 ‘‘(b) ADMINISTRATION.—The Under Secretary for 

22 Management shall administer the acquisition professional 

23 career program established pursuant to subsection (a). 


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1 ‘‘(c) PROGRAM REQUIREMENTS.—The Under Sec2 retary for Management shall carry out the following with 

3 respect to the acquisition professional career program: 

4 ‘‘(1) Designate the occupational series, grades, 

5 and number of acquisition positions throughout the 

6 Department to be included in the program and man7 age centrally such positions. 

8 ‘‘(2) Establish and publish on the Department’s 

9 website eligibility criteria for candidates to partici10 pate in the program. 

11 ‘‘(3) Carry out recruitment efforts to attract 

12 candidates— 

13 ‘‘(A) from institutions of higher education, 

14 including such institutions with established ac15 quisition specialties and courses of study, his16 torically Black colleges and universities, and 

17 Hispanic-serving institutions; 

18 ‘‘(B) with diverse work experience outside 

19 of the Federal Government; or 

20 ‘‘(C) with military service. 

21 ‘‘(4) Hire eligible candidates for designated po22 sitions under the program. 

23 ‘‘(5) Develop a structured program comprised 

24 of acquisition training, on-the-job experience, De25 partment-wide rotations, mentorship, shadowing, 


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1 and other career development opportunities for pro2 gram participants. 

3 ‘‘(6) Provide, beyond required training estab4 lished for program participants, additional special5 ized acquisition training, including small business 

6 contracting and innovative acquisition techniques 

7 training. 

8 ‘‘(d) REPORTS.—Not later than 180 days after enact9 ment of this section, and annually thereafter for five years, 

10 the Secretary shall submit to the Committee on Homeland 

11 Security of the House of Representatives and the Com12 mittee on Homeland Security and Governmental Affairs 

13 of the Senate a report on the acquisition professional ca14 reer program. Each such report shall include the following 

15 information: 

16 ‘‘(1) The number of candidates approved for 

17 the program. 

18 ‘‘(2) The number of candidates who commenced 

19 participation in the program, including generalized 

20 information on such candidates’ backgrounds with 

21 respect to education and prior work experience, but 

22 not including personally identifiable information. 

23 ‘‘(3) A breakdown of the number of partici24 pants hired under the program by type of acquisition 

25 position. 


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1 ‘‘(4) A list of Department components and of2 fices that participated in the program and informa3 tion regarding length of time of each program par4 ticipant in each rotation at such components or of5 fices. 

6 ‘‘(5) Program attrition rates and post-program 

7 graduation retention data, including information on 

8 how such data compare to the prior year’s data, as 

9 available. 

10 ‘‘(6) The Department’s recruiting efforts for 

11 the program. 

12 ‘‘(7) The Department’s efforts to promote re13 tention of program participants. 

14 ‘‘(e) DEFINITIONS.—In this section: 

15 ‘‘(1) HISPANIC-SERVING INSTITUTION.—The 

16 term ‘Hispanic-serving institution’ has the meaning 

17 given such term in section 502 of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1101a). 

19 ‘‘(2) HISTORICALLY BLACK COLLEGES AND

20 UNIVERSITIES.—The term ‘historically Black col21 leges and universities’ has the meaning given the 

22 term ‘part B institution’ in section 322(2) of Higher 

23 Education Act of 1965 (20 U.S.C. 1061(2)). 

24 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 

25 The term ‘institution of higher education’ has the 


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1 meaning given such term in section 101 of the High2 er Education Act of 1965 (20 U.S.C. 1001).’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 in section 1(b) of the Homeland Security Act of 2002 is 

5 amended by inserting after the item relating to section 

6 717 the following new item: 

‘‘Sec. 718. Acquisition professional career program.’’. 

7 SEC. 140. SECURITY CLEARANCE MANAGEMENT AND AD8 MINISTRATION. 

9 (a) IN GENERAL.—Title VII of the Homeland Secu10 rity Act of 2002 is amended— 

11 (1) by inserting before section 701 (6 U.S.C. 

12 341) the following: 

13 ‘‘Subtitle A—Headquarters 

14 Activities’’; 

15 and 

16 (2) by adding at the end the following new sub17 title: ‘‘ 

18 ‘‘Subtitle B—Security Clearances 

19 ‘‘SEC. 731. DESIGNATION OF NATIONAL SECURITY SEN20 SITIVE AND PUBLIC TRUST POSITIONS. 

21 ‘‘(a) IN GENERAL.—The Secretary shall require the 

22 designation of the sensitivity level of national security po23 sitions (pursuant to part 1400 of title 5, Code of Federal 

24 Regulations, or similar successor regulation) be conducted 

25 in a manner consistent with respect to all components and 


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1 offices of the Department, and consistent with Federal 

2 guidelines. 

3 ‘‘(b) IMPLEMENTATION.—In carrying out subsection 

4 (a), the Secretary shall require the utilization of uniform 

5 designation tools throughout the Department and provide 

6 training to appropriate staff of the Department on such 

7 utilization. Such training shall include guidance on factors 

8 for determining eligibility for access to classified informa9 tion and eligibility to hold a national security position. 

10 ‘‘SEC. 732. REVIEW OF POSITION DESIGNATIONS. 

11 ‘‘(a) IN GENERAL.—Not later than 120 days of en12 actment of this section, and every five years thereafter, 

13 the Secretary shall review all sensitivity level designations 

14 of national security positions (pursuant to part 1400 of 

15 title 5, Code of Federal Regulations, or similar successor 

16 regulation) at the Department. 

17 ‘‘(b) DETERMINATION.—If during the course of a re18 view required under subsection (a), the Secretary deter19 mines that a change in the sensitivity level of a position 

20 that affects the need for an individual to obtain access 

21 to classified information is warranted, such access shall 

22 be administratively adjusted and an appropriate level peri23 odic reinvestigation completed, as necessary. 

24 ‘‘(c) CONGRESSIONAL REPORTING.—Upon comple25 tion of each review required under subsection (a), the SecVerDate Sep 11 2014 03:14 Nov 29, 2020 Jkt 019200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\H8791.IH H8791

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1 retary shall report to the Committee on Homeland Secu2 rity of the House of Representatives and the Committee 

3 on Homeland Security and Governmental Affairs of the 

4 Senate on the findings of each such review, including the 

5 number of positions by classification level and by compo6 nent and office of the Department in which the Secretary 

7 made a determination in accordance with subsection (b) 

8 to— 

9 ‘‘(1) require access to classified information; 

10 ‘‘(2) no longer require access to classified infor11 mation; or 

12 ‘‘(3) otherwise require a different level of access 

13 to classified information. 

14 ‘‘SEC. 733. AUDITS. 

15 ‘‘Beginning not later than 180 days after the date 

16 of the enactment of this section, the Inspector General of 

17 the Department shall conduct regular audits of compliance 

18 of the Department with part 1400 of title 5, Code of Fed19 eral Regulations, or similar successor regulation. 

20 ‘‘SEC. 734. REPORTING. 

21 ‘‘(a) IN GENERAL.—The Secretary shall annually 

22 through fiscal year 2026 submit to the Committee on 

23 Homeland Security of the House of Representatives and 

24 the Committee on Homeland Security and Governmental 

25 Affairs of the Senate a report on the following: 


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1 ‘‘(1) The number of denials, suspensions, rev2 ocations, and appeals of the eligibility for access to 

3 classified information of an individual throughout 

4 the Department. 

5 ‘‘(2) The date and status or disposition of each 

6 reported action under paragraph (1). 

7 ‘‘(3) The identification of the sponsoring entity, 

8 whether by a component, office, or headquarters of 

9 the Department, of each action under paragraph (1), 

10 and description of the grounds for each such action. 

11 ‘‘(4) Demographic data, including data relating 

12 to race, sex, national origin, and disability, of each 

13 individual for whom eligibility for access to classified 

14 information was denied, suspended, revoked, or ap15 pealed, and the number of years that each such indi16 vidual was eligible for access to such information. 

17 ‘‘(5) In the case of a suspension in excess of 

18 180 days, an explanation for such duration. 

19 ‘‘(b) FORM.—Each report required under subsection 

20 (a) shall be submitted in unclassified form and be made 

21 publicly available, but may include a classified annex for 

22 any sensitive or classified information if necessary. 


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1 ‘‘SEC. 735. UNIFORM ADJUDICATION, SUSPENSION, DENIAL, 

2 AND REVOCATION. 

3 ‘‘Not later than one year after the date of the enact4 ment of this section, the Secretary, in consultation with 

5 the Homeland Security Advisory Committee, shall develop 

6 and submit to the Committee on Homeland Security of 

7 the House of Representatives and the Committee on 

8 Homeland Security and Governmental Affairs of the Sen9 ate a plan to achieve greater uniformity within the Depart10 ment with respect to the adjudication of eligibility of an 

11 individual for access to classified information that are con12 sistent with the Adjudicative Guidelines for Determining 

13 Access to Classified Information published on December 

14 29, 2005, or similar successor regulation. The plan shall 

15 consider the following: 

16 ‘‘(1) Mechanisms to foster greater compliance 

17 with the uniform Department adjudication, suspen18 sion, denial, and revocation standards by the head of 

19 each component and office of the Department with 

20 the authority to adjudicate access to classified infor21 mation. 

22 ‘‘(2) The establishment of an internal appeals 

23 panel responsible for final national security clear24 ance denial and revocation determinations that is 

25 comprised of designees who are career, supervisory 

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1 partment with the authority to adjudicate access to 

2 classified information and headquarters, as appro3 priate. 

4 ‘‘SEC. 736. DATA PROTECTION. 

5 ‘‘The Secretary shall ensure that all information re6 ceived for the adjudication of eligibility of an individual 

7 for access to classified information is consistent with the 

8 Adjudicative Guidelines for Determining Access to Classi9 fied Information published on December 29, 2005, or 

10 similar successor regulation, and is protected against mis11 appropriation. 

12 ‘‘SEC. 737. REFERENCE. 

13 ‘‘Except as otherwise provided, for purposes of this 

14 subtitle, any reference to the ‘Department’ includes all 

15 components and offices of the Department.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 of the Homeland Security Act of 2002 relating to the 

18 items relating to title VII is amended— 

19 (1) by inserting before the item relating to sec20 tion 701 the following new item: 

‘‘Subtitle A—Headquarters Activities’’; 

21 and 

22 (2) by inserting at the end the following new 

23 items: 

‘‘Subtitle B—Security Clearances 

‘‘Sec. 731. Designation of national security sensitive and public trust positions. 

‘‘Sec. 732. Review of position designations. 


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‘‘Sec. 733. Audits. 

‘‘Sec. 734. Reporting. 

‘‘Sec. 735. Uniform adjudication, suspension, denial, and revocation. 

‘‘Sec. 736. Data protection. 

‘‘Sec. 737. Reference.’’. 

1 SEC. 141. FITNESS INFORMATION TRANSPARENCY. 

2 (a) CONSOLIDATION OF FITNESS STANDARDS.—Not 

3 later than 180 days after the date of the enactment of 

4 this Act, the Secretary of Homeland Security, acting 

5 through the Chief Security Officer of the Department of 

6 Homeland Security, shall— 

7 (1) coordinate with the heads of components of 

8 the Department to review and consolidate all Fed9 eral contractor fitness standards used by the De10 partment and its components in order to issue a uni11 form set of fitness standards that reflect public trust 

12 concerns which correspond to each position risk 

13 level; 

14 (2) require the Department and the heads of its 

15 components to use such uniform fitness standards 

16 that correspond to the relevant position risk level as 

17 the basis for fitness determinations for a contractor 

18 employee; and 

19 (3) publish such uniform fitness standards that 

20 correspond to each such position risk level on the 

21 public website of the Department and cause the 

22 same to be printed in the Federal Register. 


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1 (b) DEVIATION FROM UNIFORM FITNESS STAND2 ARDS.—The Secretary of Homeland Security, acting 

3 through the Chief Security Officer of the Department of 

4 Homeland Security, may authorize the Department or a 

5 component of the Department to deviate from the uniform 

6 fitness standards issued pursuant to subsection (a) on a 

7 position-by-position basis if— 

8 (1) the Secretary publishes in writing on the 

9 public website of the Department and causes the 

10 same to be printed in the Federal Register a certifi11 cation that contains— 

12 (A) a determination that such uniform fit13 ness standards are not sufficient to protect in14 formation, systems, or facilities of the Depart15 ment the unauthorized disclosure of which or 

16 unauthorized access to which could reasonably 

17 be expected to cause substantial damage to the 

18 integrity and efficiency of the Department; and 

19 (B) a description of approved additional 

20 fitness standards and a list to which positions 

21 such deviation applies; or 

22 (2) exigent circumstances created by a presi23 dential declaration of a major disaster issued pursu24 ant to section 401 of the Robert T. Stafford Dis25 aster Relief and Emergency Assistance Act (42 


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1 U.S.C. 5170) require such deviation to mitigate 

2 staffing shortages for the duration of such declara3 tion. 

4 (c) RECIPROCITY.— 

5 (1) IN GENERAL.—The Chief Security Officer 

6 of the Department of Homeland Security shall im7 plement a process to ensure fitness determinations 

8 made by the Department are uniformly accepted 

9 throughout the Department and its components. 

10 (2) SUFFICIENCY.—The Secretary of Homeland 

11 Security, acting through the Chief Security Officer 

12 of the Department of Homeland Security, may, as 

13 appropriate, deem a favorably adjudicated personnel 

14 security investigation sufficient to satisfy a require15 ment to complete a contractor fitness determination 

16 under this section. 

17 (d) FITNESS ADJUDICATION STATUS UPDATES.— 

18 Not later than 1 year after the date of the enactment of 

19 this Act, the Secretary of Homeland Security, acting 

20 through the Chief Security Officer of the Department of 

21 Homeland Security and in coordination with heads of the 

22 components of the Department, shall implement a uniform 

23 process to— 

24 (1) provide, not less frequently than monthly, 

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1 section (e)(1) access to information regarding the 

2 status of fitness determinations for Department con3 tractor employees relevant to such contractor rep4 resentatives; and 

5 (2) collect each fiscal quarter data to allow the 

6 Department and its components and contractor rep7 resentatives to assess average fitness investigation, 

8 adjudication, and determination processing times for 

9 each component of the Department, including infor10 mation regarding the parameters used to calculate 

11 each such average. 

12 (e) CERTIFICATION.—Before the implementation of 

13 the uniform process described in subsection (d), the Sec14 retary of Homeland Security, acting through the Chief Se15 curity Officer of the Department of Homeland Security, 

16 shall— 

17 (1) certify that each contractor representative 

18 receiving information from such process has received 

19 information regarding practices relating to the ade20 quate protection of personally identifiable informa21 tion and has acknowledged in writing to adhere to 

22 such practices; and 

23 (2) consult with the Director of the Office of 

24 Personnel Management to ensure that such process 


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1 is consistent with current best practices across the 

2 Federal Government. 

3 (f) APPLICABILITY OF SECTION 44936 OF TITLE 49, 

4 UNITED STATES CODE.—No authority or policy created 

5 by or issued pursuant to this section shall apply to employ6 ees or contractors of an air carrier, foreign air carrier, 

7 or airport operator subject to employment investigations 

8 pursuant to section 44936 of title 49, United States Code. 

9 (g) REPORTS TO CONGRESS.—Not later than 180 

10 days after the publication of uniform fitness standards de11 scribed in subsection (a) and annually thereafter for four 

12 years, the Secretary of Homeland Security shall submit 

13 to the Committee on Homeland Security and the Com14 mittee on Oversight and Reform of the House of Rep15 resentatives and the Committee on Homeland Security 

16 and Governmental Affairs of the Senate a report con17 taining— 

18 (1) the number of deviation requests under sub19 section (b) made to the Chief Security Officer of the 

20 Department of Homeland Security, including— 

21 (A) the number of deviation requests ap22 proved and the corresponding justification for 

23 each such deviation from such fitness stand24 ards; and 


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1 (B) the number of deviation requests de2 nied and the corresponding justification for 

3 each such denial; 

4 (2) information regarding the number and aver5 age duration of Federal contractor fitness deter6 minations for each component of the Department; 

7 (3) information regarding the use of programs 

8 or policies that allow contractors to begin work prior 

9 to the completion of a fitness determination; 

10 (4) to the extent practicable, the number of in11 dividuals who, during the preceding calendar year, 

12 received an unfavorable fitness determination from 

13 the Department by reason of an affiliation with or 

14 membership in an organization dedicated to ter15 rorism; 

16 (5) to the extent practicable, the number of in17 dividuals who, during the preceding calendar year, 

18 received a favorable fitness determination from the 

19 Department despite an affiliation with or member20 ship in an organization dedicated to terrorism; 

21 (6) information regarding the degree to which 

22 fitness determinations made by the Department and 

23 its components or other Federal agencies are recog24 nized on a reciprocal basis by the Department and 

25 its components pursuant to subsection (c)(1); 


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1 (7) information regarding the degree to which 

2 suitability and fitness determinations for Federal ap3 plicants and appointees made by the Department 

4 and its components or other Federal agencies are 

5 recognized on a reciprocal basis by the Department 

6 and its components; and 

7 (8) information regarding the degree to which 

8 the Secretary, acting through the Chief Security Of9 ficer of the Department, uses the authority under 

10 subsection (c)(2). 

11 (h) SUITABILITY STATUS UPDATES.—Not later than 

12 1 year after the date of the enactment of this Act, the 

13 Chief Security Officer of the Department of Homeland Se14 curity, in consultation with the Chief Human Capital Offi15 cer of the Department, shall develop a plan to provide 

16 Federal applicants and appointees with suitability and fit17 ness determination status updates similar to updates pro18 vided to contractor representatives under subsection (d). 

19 (i) EXIGENT CIRCUMSTANCES FITNESS DETERMINA20 TION REVIEW.—The Chief Security Officer of the Depart21 ment of Homeland Security may conduct an immediate 

22 review of a contractor employee’s fitness determination 

23 when a contractor employee has engaged in violent acts 

24 against individuals, property, or public spaces based on 

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1 ganizations that advocate, threaten, or use force or vio2 lence, or any other illegal or unconstitutional means, in 

3 an effort to prevent others from exercising their rights 

4 under the Constitution or laws of the United States or 

5 of any State, based on factors including, at a minimum, 

6 race, religion, national origin, or disability. 

7 (j) NO ADDITIONAL FUNDS AUTHORIZED.—No addi8 tional funds are authorized to be appropriated to carry 

9 out this Act. This Act shall be carried out using amounts 

10 otherwise appropriated. 

11 (k) DEFINITIONS.—In this section: 

12 (1) CONTRACTOR.—The term ‘‘contractor’’ has 

13 the meaning given such term in section 7101 of title 

14 41, United States Code. 

15 (2) CONTRACTOR EMPLOYEE.—The term ‘‘con16 tractor employee’’ means an individual who performs 

17 work for or on behalf of any Federal agency under 

18 a contract and who, in order to perform the work 

19 specified under such contract, will require access to 

20 facilities, information, information technology sys21 tems, staff, or other assets of the Department of 

22 Homeland Security, and who could, by the nature of 

23 the access or duties of such individual, adversely af24 fect the integrity or efficiency of the Department. 

25 Such contracts include the following: 


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1 (A) Personal services contracts. 

2 (B) Contracts between any non-Federal 

3 entity and the Department. 

4 (C) Sub-contracts between any non-Fed5 eral entity and another non-Federal entity to 

6 perform work related to the primary contract 

7 with the Department. 

8 (3) CONTRACTOR REPRESENTATIVE.—The term 

9 ‘‘contractor representative’’ means a person em10 ployed by a contractor who is designated in writing 

11 by an authorized official of a contractor as respon12 sible for managing and communicating with the De13 partment of Homeland Security or its components 

14 on behalf of such contractor on matters relating to 

15 fitness determinations, and is certified pursuant to 

16 subsection (e)(1) regarding the adequate protection 

17 of personally identifiable information. 

18 (4) EXCEPTED SERVICE.—The term ‘‘excepted 

19 service’’ has the meaning given such term in section 

20 2103 of title 5, United States Code. 

21 (5) FITNESS.—The term ‘‘fitness’’ means the 

22 level of character and conduct necessary for an indi23 vidual to perform work for or on behalf of a Federal 

24 agency in the excepted service, other than a position 


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1 subject to a suitability determination or as a non2 appropriated fund instrumentality employee. 

3 (6) FITNESS DETERMINATION.—The term ‘‘fit4 ness determination’’ means a decision by a Federal 

5 agency that an individual does or does not have the 

6 required level of character and conduct necessary to 

7 perform work for or on behalf of a Federal agency 

8 in the excepted service, other than a position subject 

9 to a suitability determination, as a contractor em10 ployee, or as a nonappropriated fund instrumentality 

11 employee. 

12 (7) INFORMATION TECHNOLOGY.—The term 

13 ‘‘information technology’’ has the meaning given 

14 such term in section 11101 of title 40, United 

15 States Code. 

16 (8) NONAPPROPRIATED FUND INSTRUMEN17 TALITY EMPLOYEE.—The term ‘‘nonappropriated 

18 fund instrumentality employee’’ has the meaning 

19 given such term in section 1587(a)(1) of title 10, 

20 United States Code. 

21 (9) PERSONNEL SECURITY INVESTIGATION.— 

22 The term ‘‘personnel security investigation’’ has the 

23 meaning given such term in subsection (a) of section 

24 3001 of the Intelligence Reform and Terrorism Pre25 vention Act of 2004 (50 U.S.C. 3341). 


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1 (10) SUITABILITY DETERMINATION.—The term 

2 ‘‘suitability determination’’ has the meaning given 

3 such term in section 731.101 of title 5, Code of Fed4 eral Regulations. 

5 (11) TERRORISM.—The term ‘‘terrorism’’ 

6 means any criminal acts that involve violence or are 

7 dangerous to human life and appear to be intended 

8 to intimidate or coerce a civilian population to influ9 ence the policy of a government by intimidation or 

10 coercion, or to affect the conduct of a government by 

11 mass destruction, assassination, or kidnapping. 

12 SEC. 142. INDEPENDENT INVESTIGATION OF DISCIPLINARY 

13 OUTCOMES. 

14 (a) IN GENERAL.—Not later than 120 days after the 

15 date of the enactment of this Act, the Comptroller General 

16 of the United States shall investigate whether the applica17 tion in the Department of Homeland Security of discipline 

18 and adverse actions are administered in an equitable and 

19 consistent manner that results in the same or substantially 

20 similar disciplinary outcomes across the Department for 

21 misconduct by a non-supervisory or supervisor employee 

22 who engaged in the same or substantially similar mis23 conduct. 

24 (b) CONSULTATION.—In carrying out the investiga25 tion described in subsection (a), the Comptroller General 


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1 of the United States shall consult with the employee en2 gagement steering committee established pursuant to sub3 section (b)(1) of section 713 of the Homeland Security 

4 Act of 2002 (as added by this Act). 

5 (c) ACTION BY UNDER SECRETARY FOR MANAGE6 MENT.—Upon completion of the investigation described in 

7 subsection (a), the Under Secretary for Management of 

8 the Department of Homeland Security shall review the 

9 findings and recommendations of such investigation and 

10 implement a plan, in consultation with the employee en11 gagement steering committee established pursuant to sub12 section (b)(1) of section 713 of the Homeland Security 

13 Act of 2002, to correct any relevant deficiencies identified 

14 by the Comptroller General of the United States. The 

15 Under Secretary for Management shall direct the em16 ployee engagement steering committee to review such plan 

17 to inform committee activities and action plans authorized 

18 under such section 713. 

19 SEC. 143. RIGHTS FOR TRANSPORTATION SECURITY OFFI20 CERS. 

21 (a) DEFINITIONS.—For purposes of this section— 

22 (1) the term ‘‘adjusted basic pay’’ means— 

23 (A) the rate of pay fixed by law or admin24 istrative action for the position held by a cov25 ered employee before any deductions; and 


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1 (B) any regular, fixed supplemental pay2 ment for non-overtime hours of work creditable 

3 as basic pay for retirement purposes, including 

4 any applicable locality payment and any special 

5 rate supplement; 

6 (2) the term ‘‘Administrator’’ means the Ad7 ministrator of the Transportation Security Adminis8 tration; 

9 (3) the term ‘‘covered employee’’ means an em10 ployee who holds a covered position; 

11 (4) the term ‘‘covered position’’ means a posi12 tion within the Transportation Security Administra13 tion; 

14 (5) the term ‘‘conversion date’’ means the date 

15 as of which subparagraphs (A) through (D) of para16 graph (3) of subsection (b) take effect; 

17 (6) the term ‘‘2019 Determination’’ means the 

18 publication, entitled ‘‘Determination on Transpor19 tation Security Officers and Collective Bargaining’’, 

20 issued on July 13, 2019, by Administrator David P. 

21 Pekoske; 

22 (7) the term ‘‘employee’’ has the meaning given 

23 such term by section 2105 of title 5, United States 

24 Code; 


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1 (8) the term ‘‘Secretary’’ means the Secretary 

2 of Homeland Security; and 

3 (9) the term ‘‘TSA personnel management sys4 tem’’ means any personnel management system es5 tablished or modified under— 

6 (A) section 111(d) of the Aviation and 

7 Transportation Security Act (49 U.S.C. 44935 

8 note); or 

9 (B) section 114(n) of title 49, United 

10 States Code. 

11 (b) CONVERSION OF TSA PERSONNEL.— 

12 (1) RESTRICTIONS ON CERTAIN PERSONNEL

13 AUTHORITIES.—Notwithstanding any other provision 

14 of law, effective as of the date of the enactment of 

15 this Act— 

16 (A) any TSA personnel management sys17 tem in use for covered employees and covered 

18 positions on the day before such date of enact19 ment, and any TSA personnel management pol20 icy, letters, guideline, or directive in effect on 

21 such day may not be modified; 

22 (B) no TSA personnel management policy, 

23 letter, guideline, or directive that was not estab24 lished before such date issued pursuant to sec25 tion 111(d) of the Aviation and Transportation 


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1 Security Act (49 U.S.C. 44935 note) or section 

2 114(n) of title 49, United States Code, may be 

3 established; and 

4 (C) any authority to establish or adjust a 

5 human resources management system under 

6 chapter 97 of title 5, United States Code, shall 

7 terminate with respect to covered employees 

8 and covered positions. 

9 (2) PERSONNEL AUTHORITIES DURING TRANSI10 TION PERIOD.—Any TSA personnel management 

11 system in use for covered employees and covered po12 sitions on the day before the date of enactment of 

13 this Act and any TSA personnel management policy, 

14 letter, guideline, or directive in effect on the day be15 fore the date of enactment of this Act shall remain 

16 in effect until the effective date under paragraph (3) 

17 of this subsection. 

18 (3) TRANSITION TO GENERAL PERSONNEL MAN19 AGEMENT SYSTEM APPLICABLE TO CIVIL SERVICE

20 EMPLOYEES.—Effective as of the date determined by 

21 the Secretary, but in no event later than 180 days 

22 after the date of the enactment of this Act— 

23 (A) each provision of law cited in para24 graph (9) of subsection (a) of this section is re25 pealed; 


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1 (B) any TSA personnel management pol2 icy, letter, guideline, and directive, including the 

3 2019 Determination, shall cease to be effective; 

4 (C) any human resources management sys5 tem established or adjusted under chapter 97 of 

6 title 5, United States Code, with respect to cov7 ered employees or covered positions shall cease 

8 to be effective; and 

9 (D) covered employees and covered posi10 tions shall be subject to the provisions of title 

11 5, United States Code. 

12 (4) SAFEGUARDS ON GRIEVANCES.—In carrying 

13 out this Act, the Secretary shall take such actions 

14 as are necessary to provide an opportunity to each 

15 covered employee with a grievance or disciplinary ac16 tion (including an adverse action) pending within 

17 TSA on the date of enactment of this Act or at any 

18 time during the transition period described in para19 graph (3) of this subsection to have such grievance 

20 removed to proceedings pursuant to title 5, United 

21 States Code, or continued within TSA. 

22 (c) TRANSITION RULES.— 

23 (1) NONREDUCTION IN PAY AND COMPENSA24 TION.—Under pay conversion rules as the Secretary 

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1 ployee converted from a TSA personnel management 

2 system to the provisions of title 5, United States 

3 Code, pursuant to paragraph (D) of subsection 

4 (b)(3) of this section shall not be subject to any re5 duction in the rate of adjusted basic pay payable, or 

6 total compensation provided, to such covered em7 ployee. 

8 (2) PRESERVATION OF OTHER RIGHTS.—In the 

9 case of each covered employee as of the conversion 

10 date, the Secretary shall take any actions necessary 

11 to ensure that— 

12 (A) any annual leave, sick leave, or other 

13 paid leave accrued, accumulated, or otherwise 

14 available to a covered employee immediately be15 fore the conversion date shall remain available 

16 to the employee until used; and 

17 (B) the Government share of any pre18 miums or other periodic charges under chapter 

19 89 of title 5, United States Code, governing 

20 group health insurance shall remain at least the 

21 same as was the case immediately before the 

22 conversion date. 

23 (3) GAO STUDY ON TSA PAY RATES.—Not later 

24 than the date that is 9 months after the date of en25 actment of this Act, the Comptroller General shall 


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1 submit a report to Congress on the differences in 

2 rates of pay, classified by pay system, between 

3 Transportation Security Administration employees— 

4 (A) with duty stations in the contiguous 48 

5 States; and 

6 (B) with duty stations outside of such 

7 States, including those employees located in any 

8 territory or possession of the United States. 

9 (4) RULE OF CONSTRUCTION.—During the 

10 transition period and after the conversion date, the 

11 Secretary shall ensure that the Transportation Secu12 rity Administration continues to prevent the hiring 

13 of individuals who have been convicted of a sex 

14 crime, an offense involving a minor, a crime of vio15 lence, or terrorism. 

16 (d) CONSULTATION REQUIREMENT.— 

17 (1) EXCLUSIVE REPRESENTATIVE.—The labor 

18 organization certified by the Federal Labor Rela19 tions Authority on June 29, 2011, or successor labor 

20 organization shall be treated as the exclusive rep21 resentative of full- and part-time non-supervisory 

22 TSA personnel carrying out screening functions 

23 under section 44901 of title 49, United States Code, 

24 and shall be the exclusive representative for such 

25 personnel under chapter 71 of title 5, United States 


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1 Code, with full rights under such chapter. Any col2 lective bargaining agreement covering such personnel 

3 on the date of enactment of this Act shall remain in 

4 effect, consistent with paragraph (4). 

5 (2) CONSULTATION RIGHTS.—Not later than 7 

6 days after the date of the enactment of this Act, the 

7 Secretary shall consult with the exclusive representa8 tive for the personnel described in subsection (a) 

9 under chapter 71 of title 5, United States Code, on 

10 the formulation of plans and deadlines to carry out 

11 the conversion of covered employees and covered po12 sitions under this Act. Prior to the conversion date, 

13 the Secretary shall provide (in writing) to such ex14 clusive representative the plans for how the Sec15 retary intends to carry out the conversion of covered 

16 employees and covered positions under this Act, in17 cluding with respect to such matters as— 

18 (A) the anticipated conversion date; and 

19 (B) measures to ensure compliance with 

20 subsections (b) and (c). 

21 (3) REQUIRED AGENCY RESPONSE.—If any 

22 views or recommendations are presented under para23 graph (2) by the exclusive representative, the Sec24 retary shall consider the views or recommendations 

25 before taking final action on any matter with respect 


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1 to which the views or recommendations are pre2 sented and provide the exclusive representative a 

3 written statement of the reasons for the final actions 

4 to be taken. 

5 (4) SUNSET PROVISION.—The provisions of this 

6 section shall cease to be effective as of the conver7 sion date. 

8 TITLE II—LAW ENFORCEMENT 

9 ACCOUNTABILITY REFORMS 

10 Subtitle A—De-Escalation 

11 SEC. 201. DE-ESCALATION, USE OF FORCE, AND BODY12 WORN CAMERA POLICY. 

13 (a) IN GENERAL.—Subtitle A of title VII of the 

14 Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), 

15 as amended by this Act, is further amended by adding 

16 at the end the following new sections: 

17 ‘‘SEC. 719. DE-ESCALATION AND USE OF FORCE. 

18 ‘‘(a) POLICY.—Not later than 180 days after the date 

19 of the enactment of this section, the Secretary, acting 

20 through the Under Secretary for Management, in con21 sultation with Associate Secretary, shall update the De22 partment-wide policy issued on September 7, 2018, on the 

23 use of force by law enforcement officers of the Department 

24 to ensure that such officers use only the amount of force 

25 that is objectively reasonable in consideration of the facts 


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1 and circumstances at issue to bring incidents under con2 trol effectively, while also ensuring the safety of such offi3 cers and other individuals. Such updated policy shall set 

4 forth in a clear and consistent manner that de-escalation 

5 is preferred. 

6 ‘‘(b) REQUIREMENTS.—The Department-wide policy 

7 updated pursuant to subsection (a) shall require— 

8 ‘‘(1) law enforcement officers of the Depart9 ment to complete initial and recurrent training in 

10 the full range of use of force tactics, including the 

11 use of de-escalation; 

12 ‘‘(2) the head of each component of the Depart13 ment with such officers to— 

14 ‘‘(A) designate an individual or individuals, 

15 having subject matter expertise regarding use 

16 of force policy, training, and the application of 

17 use of force tactics, including de-escalation tac18 tics, to be responsible for ensuring compliance 

19 with such updated policy; and 

20 ‘‘(B) maintain a use of force review council 

21 or committee, the members of which shall have 

22 subject matter expertise described in subpara23 graph (A) to perform internal analysis of use of 

24 force incidents to— 


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1 ‘‘(i) inform training and tactics and 

2 develop recommendations for improvements 

3 to policies and procedures; and 

4 ‘‘(ii) identify trends and lessons 

5 learned to be shared within the component 

6 and across the Department; 

7 ‘‘(3) make recommendations with regard to, or 

8 report deficiencies in, training, policies, or proce9 dures; and 

10 ‘‘(4) maintain data regarding use of force with11 in such component in accordance with subsection 

12 (c). 

13 ‘‘(c) REPORTING.— 

14 ‘‘(1) IN GENERAL.—The Associate Secretary 

15 shall— 

16 ‘‘(A) issue requirements for the head of 

17 each component of the Department to collect 

18 and maintain data regarding the use of force 

19 within each such component necessary to pub20 lish the report required under subparagraph 

21 (B); and 

22 ‘‘(B) publish, every six months, a report on 

23 the Department’s website containing, to the ex24 tent possible— 


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1 ‘‘(i) data regarding each incident dur2 ing the previous six-month period in which 

3 lethal force was used by law enforcement 

4 officers of the Department that— 

5 ‘‘(I) is disaggregated by compo6 nent; and 

7 ‘‘(II) describes— 

8 ‘‘(aa) specific information on 

9 the region or jurisdiction in 

10 which each such incident oc11 curred; and 

12 ‘‘(bb) the circumstances sur13 rounding each such incident; and 

14 ‘‘(ii) a specification of whether a De15 partment officer or other individual was in16 jured or killed in each such incident; and 

17 ‘‘(C) in conjunction with the report re18 quired under subparagraph (B), publish a sum19 mary of any reviews with respect to which, dur20 ing the previous six-month period, final action 

21 was taken, including a summary of the findings 

22 resulting from any such reviews and any find23 ings relating to whether the uses of force con24 templated by any such reviews complied with 

25 Federal law and Department-wide policy. 


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1 ‘‘(2) PRIVACY PROTECTION.—Any information 

2 published pursuant to this subsection shall be pre3 sented in a manner that protects individual privacy. 

4 ‘‘(d) OFFICE OF INSPECTOR GENERAL.—The Inspec5 tor General of the Department shall on an ongoing basis 

6 review compliance with subsections (a) and (c). 

7 ‘‘(e) DE-ESCALATION AND USE OF FORCE COUN8 CIL.— 

9 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

10 Security, acting through the Associate Secretary, 

11 shall maintain an intradepartmental council, chaired 

12 by the Under Secretary for Strategy, Policy, and 

13 Plans, at which representatives from the following 

14 components and entities may share lessons learned, 

15 best practices, and trends regarding de-escalation 

16 and use of force policies, training, and oversight: 

17 ‘‘(A) The Office of the Under Secretary for 

18 Management. 

19 ‘‘(B) U.S. Customs and Border Protection. 

20 ‘‘(C) The Coast Guard. 

21 ‘‘(D) The Secret Service. 

22 ‘‘(E) U.S. Immigration and Customs En23 forcement. 

24 ‘‘(F) The Federal Emergency Management 

25 Agency. 


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1 ‘‘(G) The Transportation Security Admin2 istration. 

3 ‘‘(H) The Cybersecurity and Infrastructure 

4 Security Agency. 

5 ‘‘(I) Federal Law Enforcement Training 

6 Centers. 

7 ‘‘(J) The Office of the General Counsel. 

8 ‘‘(K) The Office of Civil Rights and Civil 

9 Liberties. 

10 ‘‘(L) The Privacy Office. 

11 ‘‘(2) FEEDBACK.—The Secretary shall develop 

12 mechanisms for appropriate stakeholders, including 

13 labor organizations, to provide feedback, on an ongo14 ing basis, to the council regarding its sharing of les15 sons learned, best practices, and trends regarding 

16 de-escalation and use of force. 

17 ‘‘SEC. 720. BODY-WORN CAMERA AND DASHBOARD CAM18 ERAS. 

19 ‘‘(a) STRATEGY.— 

20 ‘‘(1) IN GENERAL.—Not later than 180 days 

21 after the date of the enactment of this section, the 

22 Secretary, acting through the Under Secretary for 

23 Management, shall develop and disseminate a De24 partment-wide directive for requiring by December 

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1 formed law enforcement officers of the Department 

2 and dashboard cameras for all marked vehicles of 

3 the Department and associated recording protocols. 

4 ‘‘(2) PRINCIPLES.—The Department-wide direc5 tive required under paragraph (1) shall consider 

6 principles published by major civil and human rights 

7 organizations regarding body-worn cameras and 

8 dashboard cameras and include the following: 

9 ‘‘(A) Benchmarks for implementation of 

10 the use of body-worn cameras by uniformed law 

11 enforcement officers and dashboard cameras for 

12 marked vehicles of the Department. 

13 ‘‘(B) Training requirements, procedures, 

14 and best practices for the use of body-worn 

15 cameras and dashboard cameras. 

16 ‘‘(C) Plans to publicize the directive and 

17 the requirements set forth in this section so 

18 that the workforce and other impacted individ19 uals are notified of new policies, in particular, 

20 those regarding the retention and right to in21 spect body-worn camera footage. 

22 ‘‘(3) LIMITED EXCEPTION.—The directive re23 quired under paragraph (1) shall not apply— 

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1 dant video-monitoring or video-surveillance that 

2 is maintained in good working order and that 

3 provides video footage of a quality that is the 

4 same or better than that which would be cap5 tured by a body-worn camera or dashboard 

6 camera; 

7 ‘‘(B) to any vehicle that serves as a mobile 

8 command vehicle, and to any personnel therein; 

9 ‘‘(C) to any vehicle, including any Federal, 

10 State, local, or rented vehicle, that the Sec11 retary deploys in support of protective oper12 ations and to any law enforcement personnel 

13 therein while such personnel are engaged in 

14 such protective operations; and 

15 ‘‘(D) in instances in which an immediate 

16 threat to the life or safety of a uniformed law 

17 enforcement officer of the Department makes 

18 activating a body-worn camera or dashboard 

19 camera impossible or dangerous, except that in 

20 such an instance such officer shall activate any 

21 such camera at the first reasonable opportunity 

22 to do so. 

23 ‘‘(b) RETENTION OF FOOTAGE.— 

24 ‘‘(1) IN GENERAL.—Body camera and dash25 board camera video footage shall be retained by the 


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1 law enforcement agency that employs the officer 

2 whose camera captured the footage, or an authorized 

3 agent thereof, for 6 months after the date it was re4 corded, after which time such footage shall be per5 manently deleted. 

6 ‘‘(2) ADDITIONAL RETENTION REQUIRE7 MENTS.—Notwithstanding the retention and deletion 

8 requirements in paragraph (1)— 

9 ‘‘(A) video footage shall be automatically 

10 retained for not less than 3 years if the video 

11 footage captures an interaction or event involv12 ing— 

13 ‘‘(i) any use of force; or 

14 ‘‘(ii) an encounter about which a com15 plaint has been registered by a subject of 

16 the video footage; and 

17 ‘‘(B) body camera video footage shall also 

18 be retained for not less than 3 years if a longer 

19 retention period is voluntarily requested by— 

20 ‘‘(i) the uniformed officer whose body 

21 camera recorded the video footage, if that 

22 officer reasonably asserts the video footage 

23 has evidentiary or exculpatory value in an 

24 ongoing investigation; 


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1 ‘‘(ii) any uniformed officer who is a 

2 subject of the video footage, if that officer 

3 reasonably asserts the video footage has 

4 evidentiary or exculpatory value; 

5 ‘‘(iii) any superior officer of a uni6 formed officer whose body camera recorded 

7 the video footage or who is a subject of the 

8 video footage, if that superior officer rea9 sonably asserts the video footage has evi10 dentiary or exculpatory value; 

11 ‘‘(iv) any uniformed officer, if the 

12 video footage is being retained solely and 

13 exclusively for police training purposes; 

14 ‘‘(v) any member of the public who is 

15 a subject of the video footage; 

16 ‘‘(vi) any parent or legal guardian of 

17 a minor who is a subject of the video foot18 age; or 

19 ‘‘(vii) a deceased subject’s spouse, 

20 next of kin, or legally authorized designee. 

21 ‘‘(3) RIGHT TO INSPECT.—During the retention 

22 periods described in paragraphs (1) and (2), the fol23 lowing persons shall have the right to inspect, but 

24 not retain or in any matter alter, the body camera 

25 footage: 


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1 ‘‘(A) Any person who is a subject of body 

2 camera video footage, and their designated legal 

3 counsel. 

4 ‘‘(B) A parent of a minor subject of body 

5 camera video footage, and their designated legal 

6 counsel. 

7 ‘‘(C) The spouse, next of kin, or legally au8 thorized designee of a deceased subject of body 

9 camera video footage, and their designated legal 

10 counsel. 

11 ‘‘(D) A uniformed officer whose body cam12 era recorded the video footage, and their des13 ignated legal counsel, subject to the limitations 

14 and restrictions in this part. 

15 ‘‘(E) The superior officer of a uniformed 

16 officer whose body camera recorded the video 

17 footage, subject to the limitations and restric18 tions in this part. 

19 ‘‘(F) Any defense counsel who claims, pur20 suant to a written affidavit, to have a reason21 able basis for believing a video may contain evi22 dence that exculpates a client. 

23 ‘‘(c) PERIODIC REPORTING.— 

24 ‘‘(1) IN GENERAL.—Not later than 180 days 

25 after the date of the enactment of this section and 


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1 every 180 days thereafter until the Secretary sub2 mits the certification described in paragraph (2), the 

3 Under Secretary for Management shall report to the 

4 Committee on Homeland Security of the House of 

5 Representatives and the Committee on Homeland 

6 Security and Governmental Affairs of the Senate re7 garding progress on efforts to implement the De8 partment-wide directive described in subsection (a). 

9 ‘‘(2) CERTIFICATION.—A certification described 

10 in this paragraph is a certification submitted by the 

11 Secretary to the Committee on Homeland Security 

12 of the House of Representatives and the Committee 

13 on Homeland Security and Governmental Affairs of 

14 the Senate that the Department has fully imple15 mented the directive described in subsection (a). 

16 ‘‘SEC. 721. PROHIBITED USE OF FORCE. 

17 ‘‘(a) IN GENERAL.—Beginning on the date that is 90 

18 days after the date of the enactment of this section, a law 

19 enforcement officer of the Department who intentionally 

20 uses a chokehold or carotid hold shall be subject to dis21 ciplinary review. Such officer may be subject to discipli22 nary action, consistent with chapter 75 of title V, includ23 ing termination, except in instances in which the use of 

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1 retary to be objectively reasonable under the cir2 cumstances. 

3 ‘‘(b) DEFINITION.—In this section, the terms 

4 ‘chokehold’ and ‘carotid hold’ mean the application of any 

5 pressure to the throat or windpipe, the use of maneuvers 

6 that restrict blood or oxygen flow to the brain, or carotid 

7 artery restraints that prevent or hinder breathing or re8 duce intake of air of an individual.’’. 

9 (b) CLERICAL AMENDMENTS.—The table of contents 

10 in section 1(b) of the Homeland Security Act of 2002 is 

11 amended by inserting at the end of the items relating to 

12 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.’’. 

13 SEC. 202. DE-ESCALATION TRAINING. 

14 (a) IN GENERAL.—Subtitle H of title VIII of the 

15 Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) 

16 is amended by adding at the end the following new section: 

17 ‘‘SEC. 890C. DE-ESCALATION TRAINING. 

18 ‘‘(a) DEPARTMENT TRAINING.—Not later than 90 

19 days after the issuance of the updated Department-wide 

20 policy pursuant to section 719, the Associate Secretary 

21 shall ensure that use of force training provided to law en22 forcement officers of the Department appropriately em23 phasize de-escalation training to reflect such policy’s pref24 erence for de-escalation. 


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1 ‘‘(b) STATE AND LOCAL LAW ENFORCEMENT TRAIN2 ING.—The Associate Secretary, acting through the Direc3 tor of the Federal Law Enforcement Training Center, in 

4 consultation with the Deputy Assistant Secretary for State 

5 and Local Law Enforcement, shall, to the greatest extent 

6 practicable, increase the availability of use of force train7 ing, including de-escalation training, in the training cur8 riculum made available to State, local, Tribal, and terri9 torial law enforcement officers.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 in section 1(b) of the Homeland Security Act of 2002 is 

12 amended by inserting after the item relating to section 

13 890B the following new item: 

‘‘Sec. 890C. De-escalation training.’’. 

14 SEC. 203. LESS LETHAL TACTICS ASSESSMENT. 

15 (a) IN GENERAL.—Not later than 120 days after the 

16 date of the enactment of this Act, the Associate Secretary 

17 shall commission an assessment of written policies, train18 ing, and instances of the utilization by the Department 

19 of Homeland Security of less lethal force tactics utilized 

20 by the Department within the past three years by a non21 profit research institution with expertise in homeland se22 curity, including border security, and law enforcement. 

23 Such assessment shall, if appropriate, include any rec24 ommendations for changes with respect to such policies 

25 or training to improve the use of less lethal force tactics. 


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1 Such assessment shall, at a minimum, consider the use 

2 of the following: 

3 (1) Oleoresin capsicum spray or any other fog 

4 or irritant dispensers for crowd control or disburse5 ment. 

6 (2) Electronic control weapons that discharge 

7 electrical energy. 

8 (3) Compressed air launchers, such as com9 pressed-air powered, shoulder-fired launchers that 

10 deliver less lethal projectiles. 

11 (4) Munition launchers that deliver an airburst 

12 flash bang effect. 

13 (5) Less-lethal specialty impact chemical muni14 tions. 

15 (6) Controlled tire deflation devices. 

16 (7) Long range acoustic devices. 

17 (8) Other crowd control and disbursement tac18 tics. 

19 (b) REPORT.—The assessment required under sub20 section (a) shall be submitted to the Secretary of Home21 land Security not later than one year after the commence22 ment of such assessment. Not later than 90 days after 

23 receipt of such assessment, the Secretary shall submit to 

24 the Committee on Homeland Security of the House of 

25 Representatives and the Committee on Homeland Security 


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1 and Governmental Affairs of the Senate such assessment, 

2 together with the Secretary’s feedback on any rec3 ommendations contained therein. 

4 SEC. 204. REQUESTS RELATING TO DEPARTMENT OF HOME5 LAND SECURITY PERSONNEL OR EQUIP6 MENT. 

7 (a) IN GENERAL.—Subtitle H of title VIII of the 

8 Homeland Security Act of 2002, as amended by this title, 

9 is further amended by adding at the end the following new 

10 section: 

11 ‘‘SEC. 890D. REQUESTS RELATING TO PERSONNEL OR 

12 EQUIPMENT. 

13 ‘‘The Secretary shall provide notification to the Com14 mittee on Homeland Security of the House of Representa15 tives and the Committee on Homeland Security and Gov16 ernmental Affairs of the Senate of the Secretary’s accept17 ance of a request to augment local law enforcement capa18 bilities with the deployment of Department personnel, in19 cluding law enforcement personnel, unmanned aerial sys20 tem operations, or other equipment within 24 hours of 

21 such acceptance. The notification requirement under this 

22 section shall not apply to ongoing or routine joint oper23 ations or assignments authorized under law, including sec24 tion 1303 of the Implementing Recommendations of the 

25 9/11 Commission Act of 2007 (6 U.S.C. 1112).’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) of the Homeland Security Act of 2002 is 

3 amended by inserting after the item relating to section 

4 890C, as added by this title, the following new item: 

‘‘Sec. 890D. Requests relating to personnel or equipment.’’. 

5 SEC. 205. BEST PRACTICES TO REDUCE INCIDENTS OF EX6 CESSIVE OR UNAUTHORIZED FORCE. 

7 (a) IN GENERAL.—The Associate Secretary of the 

8 Department of Homeland Security, acting through the 

9 Under Secretary for Science and Technology of the De10 partment of Homeland Security, shall research and rec11 ommend the adoption of evidence-based practices that, 

12 when utilized by law enforcement officers of the Depart13 ment, have the potential to reduce incidents of excessive 

14 or unauthorized force. Such practices shall be based on 

15 research that takes into account the degree to which the 

16 following factors potentially contribute to such incidents: 

17 (1) Gaps in training or staffing including those 

18 that may contribute to the delayed deployment of 

19 backup resources in the field. 

20 (2) Unconscious bias regarding race, gender, 

21 ethnicity, or national origin or other psychological 

22 triggers. 

23 (3) The level of racial, gender, and ethnic diver24 sity within the workforce in which such law enforce25 ment officer serves. 


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1 (4) Stress or fatigue, and related underlying 

2 causes. 

3 (b) REPORT.—Not later than one year after com4 mencing the research described in subsection (a), the 

5 Under Secretary for Science and Technology of the De6 partment of Homeland Security shall submit to the Sec7 retary of Homeland Security and the Committee on 

8 Homeland Security of the House of Representatives and 

9 the Committee on Homeland Security and Governmental 

10 Affairs of the Senate a report containing findings regard11 ing evidence-based practices described in such subsection. 

12 (c) RESEARCH PARTNERSHIPS.—To carry out sub13 section (a), the Under Secretary for Science and Tech14 nology of the Department of Homeland Security shall seek 

15 research partnerships with historically Black colleges and 

16 minority-serving institutions and other university-based 

17 centers for homeland security pursuant to section 

18 308(b)(2) of the Homeland Security Act of 2002 (6 

19 U.S.C. 188(b)(2)). 

20 SEC. 206. DEPARTMENT OF HOMELAND SECURITY COMPO21 NENT INSIGNIA REQUIRED. 

22 (a) IN GENERAL.—Subtitle A of title VII of the 

23 Homeland Security Act of 2002, as amended by this Act, 

24 is further amended by adding at the end the following new 

25 section: 


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1 ‘‘SEC. 722. DEPARTMENT COMPONENT INSIGNIA REQUIRED. 

2 ‘‘(a) IN GENERAL.—All uniformed law enforcement 

3 officers of the Department who are required to display or 

4 wear the official insignia or uniform (as such term is de5 fined in section 716(c)(3) of title 18, United States Code) 

6 of the Department or component, as the case may be, to 

7 perform the duties of such officer shall display or wear 

8 such official insignia or uniform in a manner that is visible 

9 to others when carrying out such duties, including when 

10 deployed to augment State or local law enforcement capa11 bilities. 

12 ‘‘(b) EXCEPTION.—The requirement under sub13 section (a) shall not apply in the case of a law enforcement 

14 officer of the Department or a component of the Depart15 ment who is engaged in undercover or covert operations.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 in section 1(b) of the Homeland Security Act of 2002 is 

18 amended by inserting after the item relating to section 

19 721, as added by this title, the following new item: 

‘‘Sec. 722. Department component insignia required.’’. 

20 SEC. 207. FLETC ADVISORY BOARD. 

21 (a) IN GENERAL.—Pursuant to section 871 of the 

22 Homeland Security Act of 2002 (6 U.S.C. 451), the Asso23 ciate Secretary of Homeland Security shall establish an 

24 advisory committee to the Federal Law Enforcement 

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1 ommendations on matters relating to the selection, devel2 opment, content, and delivery of training by FLETC. 

3 (b) MEMBERSHIP.—The committee established pur4 suant to subsection (a) shall be comprised of 19 members 

5 who possess diverse expertise, knowledge, and experience 

6 in law enforcement training, including at least one rep7 resentative from each of the following: 

8 (1) A national association representing major 

9 metropolitan police chiefs. 

10 (2) Rural police departments. 

11 (3) African-American police officers. 

12 (4) Hispanic police officers. 

13 (5) Tribal police officers. 

14 (c) RESPONSIBILITIES.—The committee shall provide 

15 advice and recommendations to FLETC on the following: 

16 (1) Training policy formulation. 

17 (2) Training needs for State, local, and Tribal 

18 law enforcement officers, including de-escalation 

19 training. 

20 (3) Training curriculum, course content, and 

21 evaluation. 

22 (4) Student admission, performance, testing, 

23 and evaluation. 

24 (d) QUORUM; MEETINGS.—A quorum shall consist of 

25 a majority of members and the committee shall meet at 


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1 least twice annually. All committee meetings shall be open 

2 to the public and announced in advance in the Federal 

3 Register. 

4 (e) LESS THAN LETHAL FORCE REPORT.—The com5 mittee shall review the report required under section 

6 203(b) and issue, as appropriate, recommendations to 

7 FLETC regarding changes in training based on such re8 port. 

9 SEC. 208. DEPARTMENT OF HOMELAND SECURITY SUP10 PORT FOR THE NATIONAL NETWORK OF FU11 SION CENTERS. 

12 Section 210A of the Homeland Security Act of 2002 

13 (6 U.S.C. 124h) is amended— 

14 (1) in subsection (b)(1), by inserting ‘‘, includ15 ing relating to privacy, civil rights, and civil liberties 

16 training,’’ after ‘‘advice and assistance’’; 

17 (2) in subsection (c), by adding at the end the 

18 following new paragraph: 

19 ‘‘(7) PRIVACY, CIVIL RIGHTS, AND CIVIL LIB20 ERTIES ADVISORS.—The Chief Privacy Officer of the 

21 Department and the Officer for Civil Rights and 

22 Civil Liberties of the Department, in coordination 

23 with the Under Secretary for Intelligence and Anal24 ysis shall, to the maximum extent practicable, assign 

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1 pate in the State, Local, and Regional Fusion Cen2 ter Initiative, including employees of such fusion 

3 centers who are responsible for privacy, civil rights, 

4 and civil liberties efforts within such fusion cen5 ters.’’; 

6 (3) by redesignating subsections (k) and (l) as 

7 subsections (n) and (o), respectively; and 

8 (4) by inserting after subsection (j) the fol9 lowing new subsections: 

10 ‘‘(k) SELF-ASSESSMENT.— 

11 ‘‘(1) IN GENERAL.—Not later than one year 

12 after the date of the enactment of this subsection, 

13 the Secretary shall disseminate to each fusion center 

14 participating in the State, Local, and Regional Fu15 sion Center Initiative and receiving a grant from the 

16 Department guidance on conducting a self-assess17 ment with respect to adherence to privacy, civil 

18 rights, and civil liberties protections to privacy, civil 

19 rights, and civil liberties polices, including training. 

20 Not later than August 31, 2022, and annually there21 after, such fusion centers shall submit to the Sec22 retary such self-assessments. 

23 ‘‘(2) INSPECTOR GENERAL REVIEW.—Not later 

24 than September 30, 2022, and annually thereafter, 

25 the Under Secretary for Intelligence and Analysis 


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1 shall submit to the Inspector General of the Depart2 ment the self-assessments submitted to the Under 

3 Secretary. Not later than 90 days after the receipt 

4 of the self-assessments, and annually thereafter, the 

5 Inspector General shall review a representative sam6 pling, as determined by the Inspector General, of the 

7 policies, practices, and performance with respect to 

8 privacy, civil rights, and civil liberties of the fusion 

9 centers participating in the State, Local, and Re10 gional Fusion Center Initiative to determine such 

11 centers’ adherence to privacy, civil rights, and civil 

12 liberties polices, including training. Each such review 

13 shall take into consideration the self-assessments of 

14 the fusion centers so sampled and reviewed. The In15 spector General shall annually rotate the fusion cen16 ters subject to such sampling and review, and shall 

17 endeavor to sample and review fusion centers that 

18 are diverse with respect to the metropolitan areas, 

19 States, or regions in which such fusion centers oper20 ate. 

21 ‘‘(l) COMPTROLLER GENERAL.—Beginning on the 

22 date that is one year after the date of the enactment of 

23 this subsection, the Comptroller General of the United 

24 States shall triennially submit to the Committee on Home25 land Security of the House of Representatives and the 


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1 Committee on Homeland Security and Governmental Af2 fairs of the Senate a review of the use of emerging tech3 nologies, including facial recognition, artificial intelligence, 

4 and machine learning, by fusion centers participating in 

5 the State, Local, and Regional Fusion Center Initiative, 

6 and the effects of such technologies on the privacy, civil 

7 rights, and civil liberties of the American public. Each 

8 such review shall evaluate not fewer than— 

9 ‘‘(1) three such fusion centers that serve high10 risk urban areas (as such term is defined in section 

11 2003); and 

12 ‘‘(2) two State fusion centers.’’. 

13 Subtitle B—Securing of Firearms 

14 and Other Sensitive Assets 

15 SEC. 221. DEFINITIONS. 

16 In this title: 

17 (1) DEPARTMENT.—The term ‘‘Department’’ 

18 means the Department of Homeland Security. 

19 (2) LOST.—The term ‘‘lost’’ includes loss by 

20 theft. 

21 (3) SENSITIVE ASSETS.—The term ‘‘sensitive 

22 assets’’ has the meaning given such term in section 

23 701, as amended by section 222 of this Act. 

24 (4) UNDER SECRETARY FOR MANAGEMENT.— 

25 The term ‘‘Under Secretary for Management’’ 


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1 means the Under Secretary for Management of the 

2 Department. 

3 SEC. 222. INCLUSION OF SECURING FIREARMS AND OTHER 

4 SENSITIVE ASSETS IN RESPONSIBILITIES OF 

5 UNDER SECRETARY FOR MANAGEMENT. 

6 Section 701 of the Homeland Security Act of 2002 

7 (6 U.S.C. 341) is amended— 

8 (1) in subsection (a)(6), by inserting ‘‘(includ9 ing firearms and other sensitive assets)’’ after 

10 ‘‘equipment’’; 

11 (2) by redesignating the second subsection (e) 

12 (relating to the definition of interoperable commu13 nications) as subsection (f); and 

14 (3) by amending such redesignated subsection 

15 (f) to read as follows: 

16 ‘‘(f) DEFINITIONS.—In this section: 

17 ‘‘(1) INTEROPERABLE COMMUNICATIONS.—The 

18 term ‘interoperable communications’ has the mean19 ing given such term in section 7303(g) of the Intel20 ligence Reform and Terrorism Prevention Act of 

21 2004 (6 U.S.C. 194(g)). 

22 ‘‘(2) SENSITIVE ASSETS.—The term ‘sensitive 

23 assets’ means any asset, regardless of value— 

24 ‘‘(A) that the Department issues to a De25 partment employee; and 


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1 ‘‘(B) that either the Under Secretary for 

2 Management or a component head determines 

3 requires special control and accounting.’’. 

4 SEC. 223. MANAGEMENT DIRECTIVE. 

5 (a) SAFEGUARDING FIREARMS AND SENSITIVE AS6 SETS DIRECTIVE.— 

7 (1) IN GENERAL.—Not later than 120 days 

8 after the date of the enactment of this Act, the 

9 Under Secretary for Management shall develop and 

10 disseminate a Department-wide directive for achiev11 ing adequate security over firearms and other sen12 sitive assets across the Department. 

13 (2) CONTENTS.—The Department-wide direc14 tive required under subsection (a) shall, at a min15 imum, include the following: 

16 (A) Descriptions of what equipment, in ad17 dition to firearms, is classified as a sensitive 

18 asset for the purpose of carrying out this Act. 

19 (B) Requirements for securing Depart20 ment-issued firearms and other sensitive assets. 

21 (C) A classification system for all cat22 egories of Department-issued badges and cor23 responding requirements for safeguarding such 

24 assets. 


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1 (D) Reporting requirements for lost fire2 arms and other sensitive assets, including 

3 timelines for such reporting, to supervisors, 

4 local law enforcement, the Federal Bureau of 

5 Investigation’s National Crime Information 

6 Center, and Department headquarters. 

7 (E) Recordkeeping requirements for lost 

8 firearms and other sensitive assets in inventory 

9 systems, including a timeline for recording such 

10 losses. 

11 (3) REVIEW AND UPDATE OF DIRECTIVE.—Not 

12 later than one year after the issuance of the direc13 tive required under subsection (a), the Under Sec14 retary for Management shall review and update, as 

15 necessary, such directive, including adding a require16 ment relating to recording in the inventory systems 

17 maintained by each component of the Department 

18 the acceptance or transfer of a firearm or other sen19 sitive asset by such component. 

20 (b) PERSONAL PROPERTY ASSET MANAGEMENT

21 PROGRAM MANUAL.—Together with the issuance of the 

22 directive required under subsection (a), the Under Sec23 retary for Management shall disseminate a revised version 

24 of the Personal Property Asset Management Program 

25 Manual that includes the following: 


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1 (1) Requirements for component heads to de2 velop procedures to safeguard firearms and other 

3 sensitive assets during on and off-duty time. 

4 (2) Requirements for the issuance of safety 

5 locking devices and policies on the use of such as6 sets, as applicable. 

7 (3) Requirements for initial, recurrent, and re8 medial training on safeguarding such assets. 

9 (4) Examples, with detail, of how to report and 

10 record lost sensitive assets across components of the 

11 Department, and an enforcement mechanism to en12 sure supervisors maintain such records. 

13 (5) A requirement that the file maintained on 

14 a lost firearm or other sensitive asset contains both 

15 the corresponding police report and the Department 

16 report detailing the circumstances surrounding such 

17 loss, including information on adherence to safe18 guarding procedures. 

19 SEC. 224. COMPONENT RESPONSIBILITIES. 

20 Department component heads shall— 

21 (1) comply with Federal law, Federal regula22 tions, executive branch guidance, and Department 

23 policy, including directives required by this Act, re24 lating to the management and oversight of securing 

25 firearms and other sensitive assets; 


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1 (2) review the need for non-law enforcement 

2 badges; 

3 (3) require component personnel to safeguard 

4 firearms and other sensitive assets in accordance 

5 with the directive issued by the Under Secretary for 

6 Management under section 223; 

7 (4) require that component personnel adhere to 

8 the procedures and timelines for properly reporting 

9 to supervisors lost firearms and other sensitive as10 sets; 

11 (5) require that lost firearms and other sen12 sitive assets are reported to local law enforcement, 

13 the Federal Bureau of Investigation’s National 

14 Crime Information Center, and Department head15 quarters in the timeframe established in such direc16 tive; and 

17 (6) require that lost firearms and other sen18 sitive assets are recorded in inventory systems in the 

19 timeframe established by such directive. 

20 SEC. 225. PERSONAL PROPERTY ASSET MANAGEMENT IN21 SPECTOR GENERAL REVIEW. 

22 The Inspector General of the Department shall, on 

23 an ongoing basis, review implementation of this Act and, 

24 not later than 180 days after issuance of the Department25 wide directive required under section 223, submit to the 


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1 Committee on Homeland Security of the House of Rep2 resentatives and the Committee on Homeland Security 

3 and Governmental Affairs of the Senate a review of the 

4 progress and effectiveness of such directive, including an 

5 assessment of the adequacy of such directive, as well as 

6 the level of compliance among the components of the De7 partment to achieve adequate security of sensitive assets 

8 across Department components. 

9 Subtitle C—Federal Law 

10 Enforcement Training Centers 

11 SEC. 231. FLETC RESEARCH AND DEVELOPMENT. 

12 The Director of the Federal Law Enforcement Train13 ing Centers (FLETC), in coordination with the Under 

14 Secretary for Science and Technology of the Department 

15 of Homeland Security, shall conduct research and develop16 ment of a technology to enhance participation rates in 

17 training offered to State, local, and Tribal communities, 

18 with particular attention to rural or remote communities, 

19 for the purpose of enhancing domestic preparedness for 

20 and collective response to terrorism and other homeland 

21 security threats. 

22 SEC. 232. REPORTING ON BASIC TRAINING PROGRAMS OF 

23 THE DEPARTMENT OF HOMELAND SECURITY. 

24 (a) ANNUAL REPORTING.— 


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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of the enactment of this Act and annually 

3 thereafter, the Secretary of Homeland Security, act4 ing through the Under Secretary for Management of 

5 the Department of Homeland Security, shall report 

6 to the Committee on Homeland Security of the 

7 House of Representatives and the Committee on 

8 Homeland Security and Governmental Affairs of the 

9 Senate on the accreditation status for each basic 

10 training program of the Department, including in11 formation relating to the following: 

12 (A) The date on which each such program 

13 achieved initial accreditation, or in the case of 

14 a program that is not currently accredited, the 

15 reasons for not obtaining or maintaining ac16 creditation, the activities, if any, taken to 

17 achieve accreditation, and an anticipated 

18 timeline for accreditation of such program. 

19 (B) The date each such program most re20 cently received accreditation or reaccreditation, 

21 if applicable. 

22 (C) Each such program’s anticipated ac23 creditation or next reaccreditation date. 

24 (D) The name of the accreditation man25 ager for each such program. 


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1 (2) TERMINATION OF REPORTING REQUIRE2 MENT.—Annual reports under paragraph (1) shall 

3 terminate when all basic training programs of the 

4 Department of Homeland Security are accredited. 

5 (b) LAPSE IN ACCREDITATION.— 

6 (1) IN GENERAL.—If a basic training program 

7 of the Department of Homeland Security loses ac8 creditation, the head of the relevant component of 

9 the Department shall notify the Under Secretary for 

10 Management of the Department not later than 30 

11 days after such loss. 

12 (2) NOTICE TO CONGRESS.—Not later than 60 

13 days after receiving a notification pursuant to sub14 section (a), the Under Secretary for Management of 

15 the Department of Homeland Security shall notify 

16 the Committee on Homeland Security of the House 

17 of Representatives and the Committee on Homeland 

18 Security and Governmental Affairs of the Senate of 

19 the lapse in accreditation, the reason for such lapse, 

20 and the activities underway and planned to regain 

21 accreditation. 

22 (c) DEFINITIONS.—In this section: 

23 (1) ACCREDITATION.—The term ‘‘accredita24 tion’’ means the recognition by a board that a basic 


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1 training program is administered, developed, and de2 livered according to an applicable set of standards. 

3 (2) ACCREDITATION MANAGER.—The term ‘‘ac4 creditation manager’’ means the individual assigned 

5 by the component of the Department of Homeland 

6 Security to manage accreditation activities for a 

7 basic training program. 

8 (3) BASIC TRAINING PROGRAM.—The term 

9 ‘‘basic training program’’ means an entry level pro10 gram that is transitional to law enforcement service, 

11 provides training on critical competencies and re12 sponsibilities, and is typically a requirement for ap13 pointment to a law enforcement service job or job se14 ries. 

15 (4) REACCREDITATION.—The term ‘‘reaccredi16 tation’’ means the assessment of a basic training 

17 program after initial accreditation to ensure the con18 tinued compliance with an applicable set of stand19 ards. 


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1 TITLE III—ACQUISITION 

2 REFORMS 

3 Subtitle A—Authorities 

4 SEC. 301. DEFINITIONS. 

5 (a) IN GENERAL.—Subtitle D of title VIII of the 

6 Homeland Security Act of 2002 is amended by inserting 

7 before section 831 the following new section: 

8 ‘‘SEC. 830. DEFINITIONS. 

9 ‘‘In this subtitle: 

10 ‘‘(1) The term ‘acquisition’ has the meaning 

11 given such term in section 131 of title 41, United 

12 States Code. 

13 ‘‘(2) The term ‘acquisition decision authority’ 

14 means the authority, held by the Secretary acting 

15 through the Under Secretary for Management to— 

16 ‘‘(A) ensure compliance with Federal law, 

17 the Federal Acquisition Regulation, and De18 partment acquisition management directives; 

19 ‘‘(B) review (including approving, pausing, 

20 modifying, or canceling) an acquisition program 

21 through the life cycle of such program; 

22 ‘‘(C) ensure that acquisition program man23 agers have the resources necessary to success24 fully execute an approved acquisition program; 


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1 ‘‘(D) ensure appropriate acquisition pro2 gram management of cost, schedule, risk, and 

3 system performance of the acquisition program 

4 at issue, including assessing acquisition pro5 gram baseline breaches and directing any cor6 rective action for such breaches; and 

7 ‘‘(E) ensure that acquisition program man8 agers, on an ongoing basis, monitor cost, sched9 ule, and performance against established base10 lines and use tools to assess risks to an acquisi11 tion program at all phases of the life cycle of 

12 such program to avoid and mitigate acquisition 

13 program baseline breaches. 

14 ‘‘(3) The term ‘acquisition decision event’, with 

15 respect to an acquisition program, means a predeter16 mined point within the acquisition lifecycle at which 

17 the acquisition decision authority determines wheth18 er such acquisition program shall proceed to the 

19 next acquisition phase. 

20 ‘‘(4) The term ‘acquisition decision memo21 randum’, with respect to an acquisition, means the 

22 official documented record of decisions, including the 

23 rationale for the decisions and any assigned actions 

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1 ercising acquisition decision authority for such ac2 quisition. 

3 ‘‘(5) The term ‘acquisition program’ means the 

4 process by which the Department acquires, with any 

5 appropriated amounts or fee funding, by contract for 

6 purchase or lease, property or services (including 

7 construction) that support the missions and goals of 

8 the Department. 

9 ‘‘(6) The term ‘acquisition program baseline’, 

10 with respect to an acquisition program, means a 

11 summary of the cost, schedule, and performance pa12 rameters, expressed in standard, measurable, quan13 titative terms, which must be met in order to accom14 plish the goals of such program. 

15 ‘‘(7) The term ‘best practices’, with respect to 

16 acquisition, means a knowledge-based approach to 

17 capability development that includes the following: 

18 ‘‘(A) Identifying and validating needs. 

19 ‘‘(B) Assessing alternatives to select the 

20 most appropriate solution. 

21 ‘‘(C) Clearly establishing well-defined re22 quirements. 

23 ‘‘(D) Developing realistic cost estimates 

24 and schedules that account for the entire life 

25 cycle of an acquisition. 


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1 ‘‘(E) Securing stable funding that matches 

2 resources to requirements before initiating de3 velopment. 

4 ‘‘(F) Demonstrating technology, design, 

5 and manufacturing maturity before initiating 

6 production. 

7 ‘‘(G) Using milestones and exit criteria or 

8 specific accomplishments that demonstrate the 

9 attainment of knowledge to support progress. 

10 ‘‘(H) Regularly assessing and managing 

11 risks to achieving requirements and cost and 

12 schedule goals. 

13 ‘‘(I) Adopting and executing standardized 

14 processes with known success across programs. 

15 ‘‘(J) Establishing an adequate workforce 

16 that is qualified and sufficient to perform nec17 essary functions. 

18 ‘‘(K) Integrating the capabilities described 

19 in subparagraphs (A) through (J) into the De20 partment’s mission and business operations. 

21 ‘‘(8) The term ‘breach’, with respect to a major 

22 acquisition program, means a failure to meet any 

23 cost, schedule, or performance threshold specified in 

24 the most recently approved acquisition program 

25 baseline. 


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1 ‘‘(9) The term ‘congressional homeland security 

2 committees’ means— 

3 ‘‘(A) the Committee on Homeland Security 

4 of the House of Representatives and the Com5 mittee on Homeland Security and Govern6 mental Affairs of the Senate; and 

7 ‘‘(B) the Committee on Appropriations of 

8 the House of Representatives and of the Sen9 ate. 

10 ‘‘(10) The term ‘Component Acquisition Execu11 tive’ means the senior acquisition official within a 

12 component who is designated in writing by the 

13 Under Secretary for Management, in consultation 

14 with the component head. 

15 ‘‘(11) The term ‘life cycle cost’ means the total 

16 ownership cost of an acquisition, including all rel17 evant costs related to acquiring, deploying, oper18 ating, maintaining, and disposing of the system, 

19 project, or product over a specified period of time. 

20 ‘‘(12) The term ‘major acquisition program’ 

21 means a Department capital asset, services, or hy22 brid acquisition program that is estimated by the 

23 Secretary to require an eventual total expenditure of 

24 at least $300,000,000 (based on fiscal year 2020 

25 constant dollars) over its life cycle or a program 


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1 identified by the Chief Acquisition Officer as a pro2 gram of special interest. 

3 ‘‘(13) The term ‘non-major acquisition pro4 gram’ means a Department capital asset, services, or 

5 hybrid acquisition program that is estimated by the 

6 Secretary to require an eventual total expenditure of 

7 less than $300,000,000 (based on fiscal year 2020 

8 constant dollars) over its life cycle.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 in section 1(b) of such Act is further amended by inserting 

11 before the item relating to section 831 the following new 

12 item: 

‘‘830. Definitions.’’. 

13 SEC. 302. ACQUISITION AUTHORITIES FOR OFFICE OF PRO14 GRAM ACCOUNTABILITY AND RISK MANAGE15 MENT. 

16 (a) IN GENERAL.—Subtitle A of title VII of the 

17 Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), 

18 as amended by this Act, is further amended by adding 

19 at the end the new section following: 

20 ‘‘SEC. 723. OFFICE OF PROGRAM ACCOUNTABILITY AND 

21 RISK MANAGEMENT. 

22 ‘‘(a) ESTABLISHMENT OF OFFICE.—Within the Man23 agement Directorate, there shall be a Program Account24 ability and Risk Management office to— 


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1 ‘‘(1) provide consistent accountability, stand2 ardization, and transparency of acquisition programs 

3 of the Department; 

4 ‘‘(2) serve as the central oversight function for 

5 the Department’s acquisition portfolio; and 

6 ‘‘(3) provide review and analysis of Department 

7 acquisition programs, as appropriate. 

8 ‘‘(b) RESPONSIBILITIES OF EXECUTIVE DIREC9 TOR.—The Program Accountability and Risk Management 

10 office shall be led by an Executive Director to oversee the 

11 requirements specified in subsection (a). The Executive 

12 Director shall report directly to the Under Secretary for 

13 Management, and shall carry out the following responsibil14 ities: 

15 ‘‘(1) Monitor regularly the progress of Depart16 ment major acquisition programs between acquisi17 tion decision events to identify problems with cost, 

18 performance, or schedule that components may need 

19 to address to prevent cost overruns, performance 

20 issues, or schedule delays. 

21 ‘‘(2) Assist the Under Secretary for Manage22 ment in managing the Department’s acquisition pro23 grams, acquisition workforce, and related activities. 

24 ‘‘(3) Conduct oversight of individual acquisition 

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1 gram policy, procedures, and guidance with a pri2 ority on ensuring the data the office collects and 

3 maintains from Department components is accurate 

4 and reliable. 

5 ‘‘(4) Serve as the focal point and coordinator 

6 for the acquisition life cycle review process and as 

7 the executive secretariat for the Department’s Ac8 quisition Review Board. 

9 ‘‘(5) Advise the persons having acquisition deci10 sion authority in making acquisition decisions con11 sistent with all applicable laws and in establishing 

12 clear lines of authority, accountability, and responsi13 bility for acquisition decision making within the De14 partment. 

15 ‘‘(6) Assess the results of major acquisition pro16 grams’ post-implementation reviews and identify op17 portunities to improve performance throughout the 

18 acquisition process and across the Department’s ac19 quisition portfolio. 

20 ‘‘(7) Provide technical support and assistance 

21 to Department acquisition programs and acquisition 

22 personnel. 

23 ‘‘(8) Assist, as appropriate, with the prepara24 tion of the Future Years Homeland Security Pro25 gram. 


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1 ‘‘(9) Prepare and submit the Congressional Ac2 quisition Progress Report for the Department, as re3 quired under section 840. 

4 ‘‘(10) In coordination with the Component Ac5 quisition Executives, maintain the Master Acquisi6 tion Oversight List that shall serve as an inventory 

7 of all major and non-major acquisition programs 

8 within the Department. The inventory shall be up9 dated quarterly and include, at a minimum, the fol10 lowing information for each program: 

11 ‘‘(A) Component sponsoring the acquisi12 tion. 

13 ‘‘(B) Name of the acquisition. 

14 ‘‘(C) Acquisition level as determined by the 

15 program’s anticipated life cycle cost (as such 

16 term is defined in section 830) and other cri17 teria pursuant to the Department-level acquisi18 tion policy. 

19 ‘‘(D) Acquisition decision authority for the 

20 acquisition. 

21 ‘‘(E) Current acquisition phase. 

22 ‘‘(c) RESPONSIBILITIES OF COMPONENTS.—Each 

23 head of a component shall comply with Federal law, the 

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1 retary for Management, and shall carry out the following 

2 responsibilities: 

3 ‘‘(1) Establish an organizational structure for 

4 conducting acquisitions within the component, to be 

5 managed by a Component Acquisition Executive, 

6 and obtain the resources necessary to operate such 

7 an organizational structure that are aligned with the 

8 number, type, size, and complexity of the acquisition 

9 programs of the component. 

10 ‘‘(2) Oversee sustainment of capabilities de11 ployed by major and non-major acquisition programs 

12 once all planned deployments are completed until 

13 such capabilities are retired or replaced. 

14 ‘‘(d) RESPONSIBILITIES OF COMPONENT ACQUISI15 TION EXECUTIVES.—The Component Acquisition Execu16 tive is responsible for overseeing all acquisition related ac17 tivities within the component and, as such, shall carry out 

18 the following functions: 

19 ‘‘(1) Establish and implement policies and guid20 ance for managing and conducting oversight for 

21 major and non-major acquisition programs within 

22 the component that comply with Federal law, the 

23 Federal Acquisition Regulation, and Department ac24 quisition management directives established by the 

25 Under Secretary for Management. 


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1 ‘‘(2) Ensure acquisition documentation is com2 plete and demonstrates the critical thinking required 

3 for successful program execution prior to final ap4 proval. 

5 ‘‘(3) Exercise the acquisition decision authority 

6 (as such term is defined in section 830) to approve, 

7 pause, modify (including the rescission of approvals 

8 of program milestones), or cancel non-major acquisi9 tion programs and major acquisition programs when 

10 delegated by the Under Secretary for Management 

11 pursuant to section 701(d)(3). 

12 ‘‘(4) Review, oversee, and direct activities be13 tween acquisition decision events for major acquisi14 tion programs within the component for which the 

15 Under Secretary for Management is the acquisition 

16 decision authority.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 in section 1(b) of the Homeland Security Act of 2002 is 

19 further amended by inserting after the item relating to 

20 section 722, as added by this Act, the following new items: 

‘‘Sec. 723. Office of Program Accountability and Risk Management.’’. 

21 SEC. 303. ACQUISITION AUTHORITIES FOR TECHNICAL SUP22 PORT OFFICES. 

23 (a) IN GENERAL.—Subtitle D of title VIII of the 

24 Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) 

25 is amended by adding at the end the following new section: 


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1 ‘‘SEC. 836. TECHNICAL SUPPORT OFFICES. 

2 ‘‘(a) OFFICE OF TEST AND EVALUATION.— 

3 ‘‘(1) ESTABLISHMENT OF OFFICE.—Within the 

4 Department, there shall be an Office of Test and 

5 Evaluation to— 

6 ‘‘(A) provide test and evaluation support 

7 across the Department; and 

8 ‘‘(B) serve as the liaison with other Fed9 eral agencies, foreign, Tribal, State, and local 

10 governments; the private sector; educational in11 stitutions; and other entities with regards to 

12 test and evaluation matters. 

13 ‘‘(2) RESPONSIBILITIES OF DIRECTOR.—The 

14 Office of Test and Evaluation shall be led by a Di15 rector to oversee the requirements specified in para16 graph (1) and to carry out the following responsibil17 ities: 

18 ‘‘(A) Establish and update as necessary 

19 test and evaluation policies, procedures, and 

20 guidance for the Department. 

21 ‘‘(B) Ensure, in coordination with relevant 

22 component heads, that major acquisition pro23 grams— 

24 ‘‘(i) complete reviews of operational 

25 requirements to ensure the requirements 

26 are informed by threats, including physical 


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1 and cyber threats, and are measurable, 

2 testable, and achievable within the con3 straints of cost and schedule; 

4 ‘‘(ii) complete independent testing and 

5 evaluation of technologies and systems 

6 throughout development; 

7 ‘‘(iii) complete operational testing and 

8 evaluation that includes all system compo9 nents and incorporates operators into the 

10 testing to ensure that systems meet the 

11 mission need as intended in the appro12 priate operational setting; 

13 ‘‘(iv) use independent verification and 

14 validation of test and evaluation implemen15 tation and results, as appropriate; and 

16 ‘‘(v) document whether such programs 

17 meet all operational requirements. 

18 ‘‘(C) Provide oversight of test and evalua19 tion for the Department’s major acquisition 

20 programs throughout the acquisition life cycle 

21 by— 

22 ‘‘(i) approving program test and eval23 uation master plans, plans for individual 

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1 lated documentation, as deemed appro2 priate by the Director; 

3 ‘‘(ii) approving the independent test 

4 and evaluation agent or third-party tester 

5 selected for each program; and 

6 ‘‘(iii) providing an independent assess7 ment to the acquisition decision authority 

8 that assesses a program’s progress in 

9 meeting operational requirements and 

10 operational effectiveness, suitability, and 

11 resilience to inform production and deploy12 ment decisions. 

13 ‘‘(D) Determine if testing conducted by 

14 other Federal departments and agencies, pri15 vate or third-party entities, and educational in16 stitutions is relevant and sufficient in deter17 mining whether systems perform as intended. 

18 ‘‘(3) ANNUAL REPORT.—Within one year of the 

19 date of enactment of this Act, and each year there20 after, the Director of the Office of Test and Evalua21 tion shall prepare a report summarizing the test and 

22 evaluation activities of the Department’s major ac23 quisition programs during the preceding fiscal year. 

24 Each report shall be submitted in unclassified form 


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1 but may include a classified annex. Each report 

2 shall— 

3 ‘‘(A) be submitted concurrently to the Sec4 retary, Under Secretary for Management, the 

5 component heads, and the congressional home6 land security committees (as such term is de7 fined in section 830); 

8 ‘‘(B) summarize the adequacy of any test 

9 and evaluation activities conducted for each 

10 major acquisition program in the fiscal year, in11 cluding the assessment of results in dem12 onstrating progress against program oper13 ational requirements and determination of oper14 ational effectiveness, suitability, and resilience; 

15 ‘‘(C) assess the waivers of and deviations 

16 from program test and evaluation plans that oc17 curred during the fiscal year, any concerns 

18 raised by the waivers or deviations, and the ac19 tions that have been taken or are planned to be 

20 taken to address the concerns; and 

21 ‘‘(D) include any other comments and rec22 ommendations deemed appropriate, including 

23 comments and recommendations on resources 

24 and facilities available for test and evaluation 


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1 and levels of funding made available for test 

2 and evaluation activities. 

3 ‘‘(b) OFFICE OF SYSTEMS ENGINEERING AND

4 STANDARDS.— 

5 ‘‘(1) ESTABLISHMENT OF OFFICE.—Within the 

6 Department, there shall be an Office of Systems En7 gineering and Standards to— 

8 ‘‘(A) provide systems engineering, stand9 ards, and human systems integration support 

10 across the Department; and 

11 ‘‘(B) serve as the liaison with other Fed12 eral agencies, foreign, Tribal, State, and local 

13 governments; the private sector; educational in14 stitutions; and other entities with regards to 

15 systems engineering, standards, and human 

16 systems integration matters. 

17 ‘‘(2) RESPONSIBILITIES OF DIRECTOR.—The 

18 Office of Systems Engineering and Standards shall 

19 be led by a Director to oversee the requirements 

20 specified in subsection (1) and to carry out the fol21 lowing responsibilities: 

22 ‘‘(A) Establish and update as necessary 

23 systems engineering, standards, and human 

24 systems integration policies, procedures, and 

25 guidance for the Department. 


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1 ‘‘(B) Ensure, in coordination with relevant 

2 component heads, that major acquisition pro3 grams— 

4 ‘‘(i) integrate applicable standards 

5 into development specifications; and 

6 ‘‘(ii) complete systems engineering re7 views and technical assessments during de8 velopment to inform production and de9 ployment decisions. 

10 ‘‘(C) Provide oversight of systems engi11 neering, standards, and human systems integra12 tion for the Department’s major acquisition 

13 programs throughout the acquisition life cycle 

14 by— 

15 ‘‘(i) approving program systems engi16 neering lifecycle tailoring plans; and 

17 ‘‘(ii) providing independent assess18 ments, in coordination with the Office of 

19 the Chief Information Officer as appro20 priate, of a program’s technical approach, 

21 and any significant changes to the tech22 nical approach, to inform key acquisition 

23 decisions, such as initiating development; 

24 and 


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1 ‘‘(iii) participating in program sys2 tems engineering lifecycle technical re3 views.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 in section 1(b) of the Homeland Security Act of 2002 is 

6 further amended by inserting after the item relating to 

7 section 835, as added by this Act, the following new items: 

‘‘Sec. 836. Technical support offices.’’. 

8 SEC. 304. ACQUISITION AUTHORITIES FOR UNDER SEC9 RETARY FOR MANAGEMENT. 

10 Section 701 of the Homeland Security Act of 2002 

11 (6 U.S.C. 341) is amended by— 

12 (1) in subsection (a)(2), inserting ‘‘and acquisi13 tion management’’ after ‘‘procurement’’; 

14 (2) redesignating subsection (d), the first sub15 section (e) (relating to the system for award man16 agement consultation), and the second subsection (e) 

17 (relating to the definition of interoperable commu18 nications) as subsections (e), (f), and (g), respec19 tively; and 

20 (3) inserting after subsection (c) the following 

21 new subsection: 

22 ‘‘(d) ACQUISITION AND RELATED RESPONSIBIL23 ITIES.— 

24 ‘‘(1) IN GENERAL.—Notwithstanding section 

25 1702(a) of title 41, United States Code, the Under 


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1 Secretary for Management is the Chief Acquisition 

2 Officer of the Department. As Chief Acquisition Of3 ficer, the Under Secretary shall have the authorities 

4 and perform the functions specified in such section 

5 1702(b), and perform all other functions and re6 sponsibilities delegated by the Secretary or described 

7 in this subsection. 

8 ‘‘(2) FUNCTIONS AND RESPONSIBILITIES.—In 

9 addition to the authorities and functions specified in 

10 section 1702(b) of title 41, United States Code, the 

11 functions and responsibilities of the Under Secretary 

12 for Management related to acquisition (as such term 

13 is defined in section 830) include the following: 

14 ‘‘(A) Advising the Secretary regarding ac15 quisition management activities, taking into ac16 count risks of failure to achieve cost, schedule, 

17 or performance parameters, to ensure that the 

18 Department achieves its mission through the 

19 adoption of widely accepted program manage20 ment best practices (as such term is defined in 

21 section 830) and standards and, where appro22 priate, acquisition innovation best practices. 

23 ‘‘(B) Leading the Department’s acquisition 

24 oversight body, the Acquisition Review Board, 

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1 garding the Department’s acquisition programs 

2 and acquisition management efforts. 

3 ‘‘(C) Exercising the acquisition decision 

4 authority (as such term is defined in section 

5 830) to approve, pause, modify (including the 

6 rescission of approvals of program milestones), 

7 or cancel major acquisition programs (as such 

8 term is defined in section 830), unless the 

9 Under Secretary delegates such authority to a 

10 Component Acquisition Executive (as such term 

11 is defined in section 830) pursuant to para12 graph (3). 

13 ‘‘(D) Providing additional scrutiny and 

14 oversight for an acquisition that is not a major 

15 acquisition if— 

16 ‘‘(i) the acquisition is for a program 

17 that is important to departmental strategic 

18 and performance plans; 

19 ‘‘(ii) the acquisition is for a program 

20 with significant program or policy implica21 tions; and 

22 ‘‘(iii) the Secretary determines that 

23 such scrutiny and oversight for the acquisi24 tion is proper and necessary. 


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1 ‘‘(E) Establishing policies for acquisition 

2 that implement an approach that takes into ac3 count risks of failure to achieve cost, schedule, 

4 or performance parameters that all components 

5 of the Department shall comply with, including 

6 outlining relevant authorities for program man7 agers to effectively manage acquisition pro8 grams (as such term is defined in section 830). 

9 ‘‘(F) Ensuring that each major acquisition 

10 program has a Department-approved acquisi11 tion program baseline (as such term is defined 

12 in section 830), pursuant to the Department’s 

13 acquisition management policy, that is traceable 

14 to the program’s life cycle cost estimate, inte15 grated master schedule, and operational re16 quirements. 

17 ‘‘(G) Assisting the heads of components 

18 and Component Acquisition Executives in ef19 forts to comply with Federal law, the Federal 

20 Acquisition Regulation, and Department acqui21 sition management directives. 

22 ‘‘(H) Ensuring that contracts, grants, and 

23 financial assistance are provided only to individ24 uals and organizations that are not suspended 

25 or debarred. 


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1 ‘‘(I) Distributing guidance throughout the 

2 Department to ensure that contractors involved 

3 in acquisitions, particularly contractors that ac4 cess the Department’s information systems and 

5 technologies, adhere to relevant Department 

6 policies related to physical and information se7 curity as identified by the Under Secretary for 

8 Management. 

9 ‘‘(J) Overseeing the Component Acquisi10 tion Executive organizational structure to en11 sure Component Acquisition Executives have 

12 sufficient capabilities and comply with Depart13 ment acquisition policies. 

14 ‘‘(K) Developing and managing a highly 

15 skilled professional acquisition workforce that 

16 has the technical expertise and business skills 

17 to ensure the Department acquires goods and 

18 services to meet mission needs at the best value 

19 for the expenditure of public resources. 

20 ‘‘(3) DELEGATION OF CERTAIN ACQUISITION

21 DECISION AUTHORITY.—The Under Secretary for 

22 Management may delegate acquisition decision au23 thority in writing to the relevant Component Acqui24 sition Executive for a major capital asset, services, 

25 or hybrid acquisition program that has a life cycle 


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1 cost estimate of at least $300,000,000 but not more 

2 than $1,000,000,000 if all of the following require3 ments are met: 

4 ‘‘(A) The component concerned possesses 

5 working policies, processes, and procedures that 

6 are consistent with Department-level acquisition 

7 policy. 

8 ‘‘(B) The Component Acquisition Execu9 tive concerned has adequate, experienced, and 

10 dedicated professional employees with program 

11 management training, as applicable, commensu12 rate with the size of the acquisition programs 

13 and related activities delegated to such Compo14 nent Acquisition Executive by the Under Sec15 retary for Management. 

16 ‘‘(C) Each major acquisition program con17 cerned has written documentation showing that 

18 it has a Department-approved acquisition pro19 gram baseline and it is meeting agreed-upon 

20 cost, schedule, and performance thresholds. 

21 ‘‘(4) RELATIONSHIP TO UNDER SECRETARY

22 FOR SCIENCE AND TECHNOLOGY.—The Under Sec23 retary for Management and the Under Secretary for 

24 Science and Technology shall cooperate in matters 

25 related to the coordination of acquisitions across the 


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1 Department so that investments of the Directorate 

2 of Science and Technology are able to support cur3 rent and future requirements of the components of 

4 the Department. Nothing in this subsection shall di5 minish the authority granted to the Under Secretary 

6 for Science and Technology under this Act.’’. 

7 SEC. 305. ACQUISITION AUTHORITIES FOR UNDER SEC8 RETARY FOR STRATEGY, POLICY, AND PLANS. 

9 Subsection (c) of section 709 of the Homeland Secu10 rity Act of 2002 (6 U.S.C. 349) is amended by— 

11 (1) redesignating paragraphs (4) through (7) as 

12 (5) through (8), respectively; and 

13 (2) inserting after paragraph (3) the following 

14 new paragraph: 

15 ‘‘(4) ensure acquisition programs (as such term 

16 is defined in section 830) support the DHS Quad17 rennial Homeland Security Review Report, the DHS 

18 Strategic Plan, the DHS Strategic Priorities, and 

19 other appropriate successor documents;’’. 

20 SEC. 306. ACQUISITION AUTHORITIES FOR CHIEF INFORMA21 TION OFFICER. 

22 Section 703 of the Homeland Security Act of 2002 

23 (6 U.S.C. 343) is amended— 

24 (1) by redesignating subsection (b) as sub25 section (c); and 


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1 (2) by inserting after subsection (a) the fol2 lowing new subsection: 

3 ‘‘(b) ACQUISITION RESPONSIBILITIES.—In addition 

4 to the responsibilities specified in section 11315 of title 

5 40, United States Code, the acquisition responsibilities of 

6 the Chief Information Officer, in consultation with the 

7 Under Secretary for Management, shall include the fol8 lowing: 

9 ‘‘(1) Overseeing the management of the Home10 land Security Enterprise Architecture and ensuring 

11 that, before each acquisition decision event (as such 

12 term is defined in section 830), information tech13 nology aspects of acquisition programs comply with 

14 any departmental information technology manage15 ment requirements, security protocols, and the 

16 Homeland Security Enterprise Architecture, and in 

17 any case in which information technology aspects of 

18 acquisitions do not comply with the Department’s 

19 management directives, making recommendations to 

20 the Department’s Acquisition Review Board regard21 ing such noncompliance. 

22 ‘‘(2) Providing recommendations to the Acquisi23 tion Review Board regarding information technology 

24 programs, and developing information technology ac25 quisition strategic guidance.’’. 


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1 Subtitle B—Requirements and 

2 Oversight 

3 SEC. 321. ACQUISITION DOCUMENTATION. 

4 (a) IN GENERAL.—Subtitle D of title VIII of the 

5 Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) 

6 is amended by adding at the end the following new section: 

7 ‘‘SEC. 837. ACQUISITION DOCUMENTATION. 

8 ‘‘(a) IN GENERAL.—For each major acquisition pro9 gram, the Secretary, acting through the Under Secretary 

10 for Management, shall require the head of a relevant com11 ponent or office to— 

12 ‘‘(1) maintain acquisition documentation that is 

13 complete, accurate, timely, and valid, and that in14 cludes, at a minimum— 

15 ‘‘(A) operational requirements that are 

16 validated consistent with departmental policy; 

17 ‘‘(B) a complete life cycle cost estimate 

18 with supporting documentation; 

19 ‘‘(C) verification of such life cycle cost esti20 mate against independent cost estimates, and 

21 reconciliation of any differences; 

22 ‘‘(D) a cost-benefit analysis with sup23 porting documentation; 

24 ‘‘(E) an integrated master schedule with 

25 supporting documentation; 


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1 ‘‘(F) plans for conducting systems engi2 neering reviews and test and evaluation activi3 ties throughout development to support produc4 tion and deployment decisions; 

5 ‘‘(G) an acquisition plan that outlines the 

6 procurement approach, including planned con7 tracting vehicles; 

8 ‘‘(H) a logistics and support plan for oper9 ating and maintaining deployed capabilities 

10 until they are disposed of or retired; and 

11 ‘‘(I) an acquisition program baseline (as 

12 such term is defined in section 830) that is 

13 traceable to the program’s operational require14 ments required under (a), life cycle cost esti15 mate required under (b), and integrated master 

16 schedule required under (e); 

17 ‘‘(2) prepare cost estimates and schedules for 

18 major acquisition programs, as required under sub19 paragraphs (B) and (E), in a manner consistent 

20 with best practices as identified by the Comptroller 

21 General of the United States; 

22 ‘‘(3) ensure any revisions to the acquisition doc23 umentation maintained pursuant to subsection 

24 (a)(1) are reviewed and approved in accordance with 

25 departmental policy; and 


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1 ‘‘(4) submit certain acquisition documentation 

2 to the Under Secretary for Management to inform 

3 submission to Congress of an annual progress report 

4 on the Department’s acquisitions as required by sec5 tion 840 of the Homeland Security Act of 2002 as 

6 amended. 

7 ‘‘(b) WAIVER.—On a case-by-case basis with respect 

8 to any major acquisition program under this section, the 

9 Secretary may waive the requirement under paragraph (4) 

10 of subsection (a) for a fiscal year if either— 

11 ‘‘(1) such program has not— 

12 ‘‘(A) entered the full rate production phase 

13 in the acquisition lifecycle; 

14 ‘‘(B) had a reasonable cost estimate estab15 lished; and 

16 ‘‘(C) had a system configuration defined 

17 fully; or 

18 ‘‘(2) such program does not meet the definition 

19 of capital asset, as such term is defined by the Di20 rector of the Office of Management and Budget. 

21 ‘‘(c) CONGRESSIONAL OVERSIGHT.—At the same 

22 time the President’s budget is submitted for a fiscal year 

23 under section 1105(a) of title 31, United States Code, the 

24 Secretary shall make information available, as applicable, 

25 to the Committee on Homeland Security of the House of 


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1 Representatives and the Committee on Homeland Security 

2 and Governmental Affairs of the Senate regarding the re3 quirement described in subsection (a) in the prior fiscal 

4 year that includes the following specific information re5 garding each major acquisition program for which the Sec6 retary has issued a waiver under subsection (b): 

7 ‘‘(1) The grounds for granting a waiver for 

8 such program. 

9 ‘‘(2) The projected cost of such program. 

10 ‘‘(3) The proportion of a component’s or office’s 

11 annual acquisition budget attributed to such pro12 gram, as available. 

13 ‘‘(4) Information on the significance of such 

14 program with respect to the component’s or office’s 

15 operations and execution of its mission. 

16 ‘‘(d) MAJOR ACQUISITION PROGRAM DEFINED.—In 

17 this section, the term ‘major acquisition program’ means 

18 a Department capital asset, services, or hybrid acquisition 

19 program that is estimated by the Secretary to require an 

20 eventual total expenditure of at least $300 million (based 

21 on fiscal year 2020 constant dollars) over its lifecycle or 

22 a program identified by the Chief Acquisition Officer as 

23 a program of special interest.’’. 

24 (b) CLERICAL AMENDMENT.—The table of contents 

25 in section 1(b) of the Homeland Security Act of 2002 (6 


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1 U.S.C. 101 et seq.) is further amended by adding after 

2 the item relating to section 836 the following new item: 

‘‘Sec. 837. Acquisition documentation.’’. 

3 SEC. 322. ACQUISITION REVIEW BOARD. 

4 (a) IN GENERAL.—Subtitle D of title VIII of the 

5 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 

6 is amended by adding at the end the following new section: 

7 ‘‘SEC. 838. ACQUISITION REVIEW BOARD. 

8 ‘‘(a) IN GENERAL.—The Secretary shall establish an 

9 Acquisition Review Board (in this section referred to as 

10 the ‘Board’) to— 

11 ‘‘(1) strengthen accountability and uniformity 

12 within the Department acquisition review process; 

13 ‘‘(2) review acquisition programs; and 

14 ‘‘(3) review the use of best practices. 

15 ‘‘(b) COMPOSITION.— 

16 ‘‘(1) CHAIR.—The Under Secretary for Man17 agement shall serve as chair of the Board. 

18 ‘‘(2) PARTICIPATION.—The Secretary shall en19 sure participation by other relevant Department offi20 cials with responsibilities related to acquisitions as 

21 permanent members of the Board. 

22 ‘‘(3) OVERSIGHT.—The Under Secretary for 

23 Management shall designate a full time employee of 

24 the Department to oversee the operations of the 

25 Board. 


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1 ‘‘(c) MEETINGS.—The Board shall meet regularly for 

2 purposes of ensuring all acquisitions processes proceed in 

3 a timely fashion to achieve mission readiness. The Board 

4 shall convene at the Secretary’s discretion and at any 

5 time— 

6 ‘‘(1) a new acquisition program is initiated; 

7 ‘‘(2) a major acquisition program— 

8 ‘‘(A) requires authorization to proceed 

9 from one acquisition decision event to another 

10 throughout the acquisition life cycle; 

11 ‘‘(B) is in breach (as such term is defined 

12 in section 830); or 

13 ‘‘(C) requires additional review, as deter14 mined by the Under Secretary for Management; 

15 or 

16 ‘‘(3) a non-major acquisition program requires 

17 review, as determined by the Under Secretary for 

18 Management. 

19 ‘‘(d) RESPONSIBILITIES.—The responsibilities of the 

20 Board are as follows: 

21 ‘‘(1) Determine the appropriate acquisition level 

22 and acquisition decision authority for new acquisi23 tion programs based on the estimated eventual total 

24 expenditure to meet the mission need over the acqui25 sition’s life cycle regardless of funding source. 


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1 ‘‘(2) Determine whether a proposed acquisition 

2 has met the requirements of key phases of the acqui3 sition life cycle framework and is able to proceed to 

4 the next phase and eventual full production and de5 ployment. 

6 ‘‘(3) Oversee whether a proposed acquisition’s 

7 business strategy, resources, management, and ac8 countability is executable and is aligned to strategic 

9 initiatives. 

10 ‘‘(4) Support the person with acquisition deci11 sion authority for an acquisition in determining the 

12 appropriate direction for such acquisition at key ac13 quisition decision events. 

14 ‘‘(5) Conduct systematic reviews of acquisitions 

15 to ensure that such acquisitions are progressing in 

16 compliance with the most recently approved docu17 ments for their current acquisition phases. 

18 ‘‘(6) Review the acquisition documents of each 

19 major acquisition program, including the acquisition 

20 program baseline and documentation reflecting con21 sideration of tradeoffs among cost, schedule, and 

22 performance objectives, to ensure the reliability of 

23 underlying data. 

24 ‘‘(7) Ensure that practices are adopted and im25 plemented to require consideration of trade-offs 


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1 among cost, schedule, and performance objectives as 

2 part of the process for developing requirements for 

3 major acquisition programs prior to the initiation of 

4 the second acquisition decision event, including, at a 

5 minimum, the following practices: 

6 ‘‘(A) Department officials responsible for 

7 acquisition, budget, and cost estimating func8 tions are provided with the appropriate oppor9 tunity to develop estimates and raise cost and 

10 schedule matters before performance objectives 

11 are established for capabilities when feasible. 

12 ‘‘(B) Full consideration is given to possible 

13 trade-offs among cost, schedule, and perform14 ance objectives for each alternative. 

15 ‘‘(e) DOCUMENTATION AND REPORTING.—The chair 

16 of the Board shall— 

17 ‘‘(1) ensure that all activities and decisions 

18 made pursuant to the Board’s responsibilities in 

19 subsection (d) are documented in acquisition deci20 sion memorandum that includes, at a minimum— 

21 ‘‘(A) a summary of the Board’s activity or 

22 purpose for convening; 

23 ‘‘(B) the decision resulting from the 

24 Board’s activity; 


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1 ‘‘(C) the rationale for the decision, includ2 ing justification for any decisions made to allow 

3 acquisition programs to deviate from the De4 partment’s acquisition management policy; and 

5 ‘‘(D) any assigned items for further action; 

6 and 

7 ‘‘(2) within 7 days after the acquisition decision 

8 memorandum is signed, submit a copy of the memo9 randum to the Committee on Homeland Security of 

10 the House of Representatives and the Committee on 

11 Homeland Security and Governmental Affairs of the 

12 Senate.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 in section 1(b) of the Homeland Security Act of 2002 (6 

15 U.S.C. 101 et seq.) is further amended by adding after 

16 the item relating to section 837 the following new item: 

‘‘Sec. 838. Acquisition Review Board.’’. 

17 SEC. 323. SUSPENSION AND DEBARMENT PROGRAM. 

18 (a) ESTABLISHMENT.—The Secretary shall establish 

19 a suspension and debarment program that ensures the De20 partment and each of the components of the Department 

21 comply with the laws, regulations, and guidance related 

22 to the suspension, debarment, and ineligibility of contrac23 tors. 

24 (b) REQUIREMENTS.—The program required to be 

25 established under subsection (a) shall— 


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1 (1) require that any referral made by a con2 tracting official for consideration of actions to pro3 tect the interests of the Federal Government be eval4 uated by the Suspension and Debarment Official in 

5 writing in accordance with applicable regulations; 

6 (2) develop and require training for all con7 tracting officials of the Department on the causes 

8 for suspension and debarment and complying with 

9 departmental and Government-wide policies and 

10 processes; and 

11 (3) include policies and processes for— 

12 (A) tracking, reviewing, and documenting 

13 suspension and debarment decisions, including 

14 those related to poor performance, fraud, na15 tional security considerations, and other criteria 

16 determined appropriate by the Secretary; 

17 (B) ensuring consideration of and referral 

18 for suspension, debarment, or other necessary 

19 actions that protect the interests of the Federal 

20 Government; 

21 (C) managing and sharing relevant docu22 ments and information on contractors for use 

23 across the Department; 

24 (D) requiring timely reporting into a cen25 tralized departmental and Government-wide 


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1 databases by the suspension and debarment of2 ficials to capture suspension and debarment ac3 tivities, document justifications for decisions, or 

4 other relevant information; 

5 (E) issuing guidance to implement these 

6 policies that is regularly updated and includes 

7 definitions for all relevant terms related to the 

8 program; and 

9 (F) timely implementation of agreed upon 

10 recommendations from the Inspector General of 

11 the Department or the Comptroller General of 

12 the United States. 

13 (c) INSPECTOR GENERAL REVIEW.—Beginning one 

14 year after the date of enactment of this Act, and every 

15 three years thereafter, the Inspector General of the De16 partment of Homeland Security shall— 

17 (1) conduct audits regarding grant and pro18 curement awards to identify instances in which a 

19 contract or grant was improperly awarded to a sus20 pended or debarred entity and whether corrective ac21 tions were taken to prevent recurrence; and 

22 (2) review the suspension and debarment pro23 gram throughout the Department to assess whether 

24 suspension and debarment criteria are consistently 

25 applied throughout the Department and whether disVerDate Sep 11 2014 03:14 Nov 29, 2020 Jkt 019200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\H8791.IH H8791

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1 parities exist in the application of such criteria, par2 ticularly with respect to business size and categories. 

3 (d) DEFINITIONS.—In this section— 

4 (1) the term ‘‘congressional homeland security 

5 committees’’ has the meaning given the term in sec6 tion 2 of the Homeland Security Act of 2002, as 

7 amended by this Act; 

8 (2) the term ‘‘Department’’ means the Depart9 ment of Homeland Security; and 

10 (3) the term ‘‘Secretary’’ means the Secretary 

11 of Homeland Security. 

12 SEC. 324. REQUIREMENTS TO BUY CERTAIN ITEMS RE13 LATED TO NATIONAL SECURITY INTERESTS 

14 ACCORDING TO CERTAIN CRITERIA. 

15 (a) REQUIREMENT.—The Secretary shall ensure that 

16 any procurement of covered items for a frontline oper17 ational component meets the following criteria: 

18 (1) To the maximum extent possible, not less 

19 than one-third of funds obligated in a specific fiscal 

20 year for the procurement of such covered items shall 

21 be covered items that are manufactured in part or 

22 provided in the United States by entities that qualify 

23 as small business concerns (as such term is de24 scribed under section 3 of the Small Business Act 

25 (15 U.S.C. 632)). 


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1 (2) Each prime contractor, with respect to the 

2 procurement of such covered items, shall ensure, to 

3 the maximum extent practicable, the following: 

4 (A) Each first-tier subcontractor and end 

5 item manufacturer complies with the contractor 

6 code of business ethics and conduct under sec7 tion 3509 of title 41, United States Code, and 

8 the Federal Acquisition Regulation. 

9 (B) Each first-tier subcontractor and end10 item manufacturer is in compliance with a 

11 standard identified by the Secretary as appro12 priate for quality, such as ISO 9001:2015 of 

13 the International Organization for Standardiza14 tion. 

15 (C) The ability of a first-tier subcontractor 

16 to fulfill the terms of the contract is verified. 

17 (3) Each supplier of such a covered item with 

18 an insignia (such as any patch, badge, or emblem) 

19 and each supplier of such an insignia, if such cov20 ered item with such insignia or such insignia, as the 

21 case may be, is not produced, applied, or assembled 

22 in the United States, shall— 

23 (A) store such covered item with such in24 signia or such insignia in a locked area; 


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1 (B) report any pilferage or theft of such 

2 covered item with such insignia or such insignia 

3 occurring at any stage before delivery of such 

4 covered item with such insignia or such insig5 nia; and 

6 (C) destroy any defective or unusable cov7 ered item with insignia or insignia in a manner 

8 established by the Secretary, and maintain 

9 records, for 3 years after the creation of such 

10 records, of such destruction that include the 

11 date of such destruction, a description of the 

12 covered item with insignia or insignia destroyed, 

13 the quantity of the covered item with insignia 

14 or insignia destroyed, and the method of de15 struction. 

16 (b) PRICING.—The Secretary shall ensure that cov17 ered items are purchased at a fair and reasonable price, 

18 consistent with the procedures and guidelines specified in 

19 the Federal Acquisition Regulation. 

20 (c) REPORT.—Not later than 180 days after the date 

21 of the enactment of this section and annually thereafter, 

22 the Secretary shall provide to the Committee on Homeland 

23 Security, the Committee on Oversight and Reform, and 

24 the Committee on Appropriations of the House of Rep25 resentatives, and the Committee on Homeland Security 


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1 and Governmental Affairs and the Committee on Appro2 priations of the Senate a report on the following: 

3 (1) Instances in which vendors have failed to 

4 meet deadlines for delivery of covered items and cor5 rective actions taken by the Department in response 

6 to such instances. 

7 (2) The status of efforts to carry out paragraph 

8 (1) of subsection (a). 

9 (3) A description of how the Department en10 sures the compliance of each prime contractor with 

11 the requirements of paragraph (2) of subsection (a) 

12 and any instances of non-compliance. 

13 (d) DEPARTMENT FRONTLINE OPERATIONAL COM14 PONENT DESCRIBED.—In this section, the term ‘‘Depart15 ment frontline operational component’’ refers to any of the 

16 following components of the Department: 

17 (1) United States Customs and Border Protec18 tion. 

19 (2) United States Immigration and Customs 

20 Enforcement. 

21 (3) The United States Secret Service. 

22 (4) The Transportation Security Administra23 tion. 

24 (5) The Cybersecurity and Infrastructure Secu25 rity Agency. 


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1 (6) The Federal Protective Service. 

2 (7) The Federal Emergency Management Agen3 cy. 

4 (8) The Federal Law Enforcement Training 

5 Centers. 

6 (e) DETERMINATION.—If the Secretary determines 

7 that compliance with paragraph (1) of subsection (a) is 

8 impractical, the Secretary shall, not later than 15 days 

9 after making such determination, submit to the Com10 mittee on Homeland Security of the House of Representa11 tives and Committee on Homeland Security and Govern12 mental Affairs of the Senate an explanation relating to 

13 such determination and specifics regarding what percent14 age of covered items will be procured by small business 

15 concerns. 

16 (f) EXCEPTION.—This section shall not apply to the 

17 purchase of covered items by the Department to be used 

18 by the Department for training purposes. 

19 (g) COVERED ITEM DESCRIBED.—In this section, the 

20 term ‘‘covered item’’ refers to any of the following with 

21 respect to a Department frontline operational component: 

22 (1) Body armor components intended to provide 

23 ballistic protection for an individual, consisting of 

24 one or more of the following: 

25 (A) Soft ballistic panels. 


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1 (B) Hard ballistic plates. 

2 (C) Concealed armor carriers worn under a 

3 uniform. 

4 (D) External armor carriers worn over a 

5 uniform. 

6 (2) Helmets that provide ballistic protection 

7 and other head protection and components. 

8 (3) Protective eyewear. 

9 (4) Rain gear, cold weather gear, other environ10 mental and flame-resistant clothing. 

11 (5) Footwear. 

12 (6) Uniforms. 

13 (7) Bags and packs. 

14 (8) Holsters and tactical pouches. 

15 (9) Patches, insignia, and embellishments. 

16 (10) Respiratory protective masks. 

17 (11) Chemical, biological, radiological, and nu18 clear protective gear. 

19 (12) Hearing protection equipment. 

20 (13) Any other critical safety item as deter21 mined appropriate by the Secretary. 

22 (h) EFFECTIVE DATE.—This section applies with re23 spect to a contract entered into by the Department or any 

24 of its frontline operational components after 120 days of 

25 enactment of this Act. 


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1 (i) SENSE OF CONGRESS.—It is the sense of Con2 gress that the Secretary should endeavor to ensure that 

3 the majority of covered items for a frontline operational 

4 component procured by the Department are manufactured 

5 in the United States by entities that qualify as small busi6 ness concerns. 

7 (j) STUDY.—Not later than 1 year after the date of 

8 the enactment of this Act, the Secretary of Homeland Se9 curity shall submit to the Committee on Homeland Secu10 rity of the House of Representatives and the Committee 

11 on Homeland Security and Governmental Affairs of the 

12 Senate a study of the adequacy of allowances provided to 

13 employees of Department of Homeland Security frontline 

14 operational components (as such term is described in sec15 tion 836 of the Homeland Security Act of 2002, as added 

16 by subsection (a)). Such study shall be informed by a De17 partment-wide survey of employees from across the De18 partment who receive uniform allowances that seeks to as19 certain what, if any, improvements could be made to the 

20 current uniform allowances and what, if any, impacts cur21 rent allowances have had on employee morale and reten22 tion. Such study shall also consider increasing by 25 per23 cent, at minimum, the uniform allowance for first year em24 ployees and by 50 percent, at minimum, the annual allow25 ance for all other employees. 


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1 SEC. 325. PROHIBITION ON OPERATION OR PROCUREMENT 

2 OF FOREIGN-MADE UNMANNED AIRCRAFT 

3 SYSTEMS. 

4 (a) IN GENERAL.—The Secretary of Homeland Secu5 rity may not operate, provide financial assistance for, or 

6 enter into or renew a contract for the procurement of— 

7 (1) an unmanned aircraft system (UAS) that— 

8 (A) is manufactured in a covered foreign 

9 country or by a corporation domiciled in a cov10 ered foreign country; 

11 (B) uses flight controllers, radios, data 

12 transmission devices, cameras, or gimbals man13 ufactured in a covered foreign country or by a 

14 corporation domiciled in a covered foreign coun15 try; 

16 (C) uses a ground control system or oper17 ating software developed in a covered foreign 

18 country or by a corporation domiciled in a cov19 ered foreign country; or 

20 (D) uses network connectivity or data stor21 age located in or administered by a corporation 

22 domiciled in a covered foreign country; or 

23 (2) a system manufactured in a covered foreign 

24 country or by a corporation domiciled in a covered 

25 foreign country for the detection or identification of 

26 covered unmanned aircraft systems. 


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1 (b) WAIVER.—The Secretary of Homeland Security 

2 may waive the prohibition under subsection (a) on a case 

3 by case basis by certifying in writing to the Committee 

4 on Homeland Security of the House of Representatives 

5 and the Committee on Homeland Security and Govern6 mental Affairs of the Senate that the operation or procure7 ment that is the subject of such a waiver is required— 

8 (1) in the national interest of the United 

9 States; 

10 (2) for counter-UAS surrogate testing and 

11 training; or 

12 (3) for intelligence, electronic warfare, or infor13 mation warfare operations, testing, analysis, and or 

14 training. 

15 (c) DEFINITIONS.—In this section: 

16 (1) COVERED FOREIGN COUNTRY.—The term 

17 ‘‘covered foreign country’’ means a country labeled 

18 as a strategic competitor in the ‘‘Summary of the 

19 2018 National Defense Strategy of the United 

20 States of America: Sharpening the American Mili21 tary’s Competitive Edge’’ issued by the Department 

22 of Defense pursuant to section 113 of title 10, 

23 United States Code. 

24 (2) UNMANNED AIRCRAFT SYSTEM.—The term 

25 ‘‘unmanned aircraft system’’ has the meaning given 


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1 such term in section 44801 of title 49, United 

2 States Code. 

3 Subtitle C—Acquisition Program 

4 Management Accountability and 

5 Transparency 

6 SEC. 331. CONGRESSIONAL NOTIFICATION FOR MAJOR AC7 QUISITION PROGRAMS. 

8 (a) IN GENERAL.—Subtitle D of title VIII of the 

9 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 

10 is further amended by adding at the end the following new 

11 section: 

12 ‘‘SEC. 839. CONGRESSIONAL NOTIFICATION AND OTHER RE13 QUIREMENTS FOR MAJOR ACQUISITION PRO14 GRAM BREACH. 

15 ‘‘(a) REQUIREMENTS WITHIN DEPARTMENT IN

16 EVENT OF BREACH.— 

17 ‘‘(1) NOTIFICATIONS.— 

18 ‘‘(A) NOTIFICATION OF BREACH.—If a 

19 breach (as such term is defined in section 830) 

20 occurs, or is expected to occur, in a major ac21 quisition program, the program manager for 

22 such program shall notify the Component Ac23 quisition Executive for such program, the head 

24 of the component concerned, the Executive Di25 rector of the Program Accountability and Risk 


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1 Management office, and the Under Secretary 

2 for Management in writing not later than 30 

3 days after such breach is identified. 

4 ‘‘(B) NOTIFICATION TO SECRETARY.—If a 

5 breach occurs, or is expected to occur, in a 

6 major acquisition program and such breach re7 sults in an increase greater than 15 percent of 

8 a cost threshold, a delay greater than 180 days 

9 of a schedule threshold, or a failure to meet any 

10 of the performance thresholds specified in the 

11 most recently approved acquisition program 

12 baseline for such program, the Component Ac13 quisition Executive for such program shall no14 tify the Secretary in writing not later than five 

15 days after the Component Acquisition Executive 

16 for such program is notified of the breach pur17 suant to subparagraph (A). 

18 ‘‘(C) NOTIFICATION TO CONGRESS.—If a 

19 notification to the Secretary is made under sub20 section (B) relating to a breach in a major ac21 quisition program, the Under Secretary for 

22 Management shall notify the congressional 

23 homeland security committees (as such term is 

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1 ing not later than 30 days after the notification 

2 is made to the Secretary. 

3 ‘‘(2) REMEDIATION PLAN AND ROOT CAUSE

4 ANALYSIS.— 

5 ‘‘(A) IN GENERAL.—If a breach occurs, or 

6 is expected to occur, in a major acquisition pro7 gram, the program manager for such program 

8 shall, in coordination with the Component Ac9 quisition Executive for such a program, submit 

10 to the head of the component concerned, the 

11 Executive Director of the Program Account12 ability and Risk Management office, and the 

13 Under Secretary for Management in writing a 

14 remediation plan and root cause analysis relat15 ing to such breach and program. Such plan and 

16 analysis shall be submitted at a date established 

17 at the discretion of the Under Secretary for 

18 Management. 

19 ‘‘(B) REMEDIATION PLAN.—The remedi20 ation plan required under this subparagraph 

21 (A) shall— 

22 ‘‘(i) explain the circumstances of the 

23 breach at issue; 

24 ‘‘(ii) include a root cause analysis that 

25 determines the underlying cause or causes 


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1 of the breach, including the role, if any, 

2 of— 

3 ‘‘(I) unrealistic performance ex4 pectations; 

5 ‘‘(II) unrealistic baseline esti6 mates for cost or schedule or changes 

7 in program requirements; 

8 ‘‘(III) immature technologies or 

9 excessive manufacturing or integra10 tion risk; 

11 ‘‘(IV) unanticipated design, engi12 neering, manufacturing, or technology 

13 integration issues arising during pro14 gram performance; 

15 ‘‘(V) changes to the scope of such 

16 program; 

17 ‘‘(VI) inadequate program fund18 ing or changes in planned out-year 

19 funding from one 5-year funding plan 

20 to the next 5-year funding plan as 

21 outlined in the Future Years Home22 land Security Program required under 

23 section 874; 

24 ‘‘(VII) legislative, legal, or regu25 latory changes; 


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1 ‘‘(VIII) inadequate program 

2 management personnel, including lack 

3 of sufficient number of staff, training, 

4 credentials, certifications; or 

5 ‘‘(IX) inadequate assessment or 

6 mitigation of program risk; 

7 ‘‘(iii) propose corrective action to ad8 dress the underlying cause or causes of the 

9 breach as identified in clause (ii); 

10 ‘‘(iv) explain the rationale for why a 

11 proposed corrective action is recommended 

12 compared to other options considered; and 

13 ‘‘(v) identify the estimated impact on 

14 program cost, schedule, and performance 

15 goals of implementing the proposed correc16 tive action, and the extent to which fund17 ing from other programs will need to be re18 duced to cover the cost growth of such pro19 gram. 

20 ‘‘(3) REVIEW OF REMEDIATION PLANS.— 

21 ‘‘(A) IN GENERAL.—The Under Secretary 

22 for Management shall review the remediation 

23 plan required under paragraph (2). The Under 

24 Secretary may approve such plan or provide an 

25 alternative proposed corrective action, including 


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1 cancelling the program, within 30 days of the 

2 submission of such plan under such paragraph. 

3 Programs that submit a breach notification to 

4 the Secretary pursuant to subsection (a)(1)(B) 

5 shall pause all activities other than those nec6 essary to develop the remediation plan required 

7 under subsection (a)(2)(B) until the Under Sec8 retary for Management approves such a plan or 

9 provides alternative corrective actions for the 

10 program. 

11 ‘‘(B) DOCUMENTATION.—The Under Sec12 retary for Management shall document the re13 sult of the review required under subparagraph 

14 (A) in an acquisition decision memorandum. If 

15 the program is approved to continue, the Under 

16 Secretary for Management shall certify in the 

17 acquisition decision memorandum that— 

18 ‘‘(i) such program is essential to the 

19 accomplishment of the Department’s mis20 sion; 

21 ‘‘(ii) there are no alternatives to the 

22 capability or asset provided by such pro23 gram that will provide equal or greater ca24 pability in both a more cost-effective and 

25 timely manner; 


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1 ‘‘(iii) the estimated impact on pro2 gram cost, schedule, and performance 

3 goals of implementing the proposed correc4 tive action are reasonable; and 

5 ‘‘(iv) the management structure for 

6 such program is adequate to manage and 

7 control cost, schedule, and performance. 

8 ‘‘(C) SUBMISSION TO CONGRESS.—Not 

9 later than 30 days after the review required 

10 under subparagraph (A) is completed, the 

11 Under Secretary for Management shall submit 

12 to the congressional homeland security commit13 tees a copy of the remediation plan and the root 

14 cause analysis required under paragraph (2).’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 in section 1(b) of such Act is further amended by inserting 

17 after the item relating to section 838 the following new 

18 item: 

‘‘Sec. 839. Congressional notification and other requirements for major acquisition program breach.’’. 

19 SEC. 332. ACQUISITION REPORTS. 

20 (a) IN GENERAL.—Subtitle D of title VIII of the 

21 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 

22 is further amended by adding at the end the following new 

23 section: 


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1 ‘‘SEC. 840. ACQUISITION REPORTS. 

2 ‘‘(a) CONGRESSIONAL ACQUISITION PROGRESS RE3 PORT.— 

4 ‘‘(1) IN GENERAL.—At the same time as the 

5 President’s budget is submitted for a fiscal year 

6 under section 1105(a) of title 31, United States 

7 Code, the Under Secretary for Management shall 

8 submit to the congressional homeland security com9 mittees (as such term is defined in section 830) and 

10 the Comptroller General of the United States an an11 nual acquisition progress report. The report shall in12 clude the following: 

13 ‘‘(A) A listing of programs that have been 

14 cancelled, paused, or are in breach pursuant to 

15 the section 838 of the Homeland Security Act 

16 of 2002 (as amended). 

17 ‘‘(B) A listing of programs being tracked 

18 on the Master Acquisition Oversight List pursu19 ant to subsection (b)(12) of section 711 of the 

20 Homeland Security Act of 2002 as amended 

21 that have not yet established an initial Depart22 ment-approved acquisition program baseline. 

23 ‘‘(C) A listing of established Executive 

24 Steering Committees, which provide governance 

25 of a program or related set of programs and 

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1 quisition decision events and component re2 views, including the mission and membership 

3 for each. 

4 ‘‘(2) INFORMATION FOR MAJOR ACQUISITION

5 PROGRAMS.—For each major acquisition program on 

6 the Master Acquisition Oversight List pursuant to 

7 subsection (b)(12) of section 711 of the Homeland 

8 Security Act of 2002 as amended that has at least 

9 one Department-approved acquisition program base10 line and has not yet fully deployed all planned capa11 bilities, the report shall include the following: 

12 ‘‘(A) A narrative describing the purpose of 

13 the program, including the capabilities being ac14 quired and the component(s) sponsoring the ac15 quisition. 

16 ‘‘(B) Acquisition Review Board status of 

17 each acquisition, including the current acquisi18 tion phase, the date of the last review, and a 

19 listing of the required documents that have 

20 been completed with the dates approved. 

21 ‘‘(C) A comparison of the cost goals in the 

22 first Department-approved acquisition program 

23 baseline, the current Department-approved ac24 quisition program baseline, and the current es25 timate. The comparison shall include the timeVerDate Sep 11 2014 03:14 Nov 29, 2020 Jkt 019200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 E:\BILLS\H8791.IH H8791

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1 frame and confidence interval for each source 

2 and a description of and rationale for any 

3 changes. 

4 ‘‘(D) A comparison of the schedule goals in 

5 the first Department-approved acquisition pro6 gram baseline, the current Department-ap7 proved acquisition program baseline, and the 

8 current schedule. The comparison shall identify 

9 what each event is expected to achieve and in10 clude a description of and rationale for any 

11 changes. 

12 ‘‘(E) A comparison of the performance 

13 goals in the first Department-approved acquisi14 tion program baseline and the current Depart15 ment-approved acquisition program baseline. 

16 The comparison shall identify the rationale for 

17 any changes and whether the current perform18 ance goal has been demonstrated. 

19 ‘‘(F) A list of key test and evaluation 

20 events, including dates they are planned or oc21 curred. 

22 ‘‘(G) Top five risks associated with the 

23 program, including narrative descriptions and 

24 mitigation actions. 


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1 ‘‘(H) Contract status, including earned 

2 value management data as applicable. 

3 ‘‘(I) Total number of increments or units 

4 to be acquired, as appropriate, including a 

5 schedule outlining the quantity of increments or 

6 units to be procured annually until procurement 

7 is complete, as appropriate. 

8 ‘‘(J) A table delineated by appropriation 

9 that provides (for prior years; past year; cur10 rent year; budget year; budget year plus one; 

11 budget year plus two; budget year plus three; 

12 budget year plus four and beyond; and total 

13 cost) the actual or estimated appropriations, ob14 ligations, unobligated authority, and planned 

15 expenditures. 

16 ‘‘(3) UPDATES.—The Under Secretary for Man17 agement shall submit quarterly updates to such re18 port not later than 45 days after the completion of 

19 each quarter. The updates shall be submitted to the 

20 congressional homeland security committees (as such 

21 term is defined in section 830) and include the same 

22 information under paragraph (1) and (2) for any 

23 major acquisition program— 

24 ‘‘(A) that has been newly established since 

25 the annual report was submitted; or 


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1 ‘‘(B) that has received approval for a re2 vised acquisition program baseline. 

3 ‘‘(b) COMPTROLLER GENERAL REVIEWS.— 

4 ‘‘(1) BRIEFING.—Not later than three months 

5 after each annual report under subsection (a) is sub6 mitted, the Comptroller General of the United States 

7 shall brief the congressional homeland security com8 mittees (as such term is defined in section 830) on 

9 the contents of each such report, including observa10 tions on the accuracy of the information presented 

11 and any other risks or challenges the Department 

12 faces in managing its acquisition portfolio. 

13 ‘‘(2) REVIEW.—Not later than three years after 

14 submission of the first annual report under sub15 section (a), the Comptroller General of the United 

16 States shall evaluate and submit to the congressional 

17 homeland security committees a report on the reli18 ability of the data used to prepare such reports.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents 

20 in section 1(b) of such Act is further amended by inserting 

21 after the item relating to section 839 the following new 

22 item: 

‘‘Sec. 840. Acquisition reports.’’. 


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1 TITLE IV—OTHER REFORMS 

2 SEC. 401. QUADRENNIAL HOMELAND SECURITY REVIEW. 

3 (a) IN GENERAL.—Section 706 of the Homeland Se4 curity Act of 2002 (as redesignated by this Act; relating 

5 to the Quadrennial Homeland Security Review) is amend6 ed— 

7 (1) in subsection (a)(3)— 

8 (A) in subparagraph (B), by striking 

9 ‘‘and’’ at the end; 

10 (B) by redesignating subparagraph (C) as 

11 subparagraph (D); and 

12 (C) by inserting after subparagraph (B) 

13 the following new subparagraph: 

14 ‘‘(C) representatives from appropriate ad15 visory committees established pursuant to sec16 tion 871, the Homeland Security Advisory 

17 Council, and the Homeland Security Science 

18 and Technology Advisory Committee, or other19 wise established, including the Aviation Security 

20 Advisory Committee established pursuant to 

21 section 44946 of title 49, United States Code; 

22 and’’; 

23 (2) in subsection (b)— 

24 (A) in paragraph (2), by inserting before 

25 the semicolon at the end the following: ‘‘based 


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1 on the risk assessment required pursuant to 

2 subsection (c)(2)(B)’’; 

3 (B) in paragraph (3)— 

4 (i) by inserting ‘‘, to the extent prac5 ticable,’’ after ‘‘describe’’; and 

6 (ii) by striking ‘‘budget plan’’ and in7 serting ‘‘resources required’’; 

8 (C) in paragraph (4)— 

9 (i) by inserting ‘‘, to the extent prac10 ticable,’’ after ‘‘identify’’; 

11 (ii) by striking ‘‘budget plan required 

12 to provide sufficient resources to success13 fully’’ and inserting ‘‘resources required 

14 to’’; and 

15 (iii) by striking the semicolon at the 

16 end and inserting ‘‘, including any re17 sources identified from redundant, waste18 ful, or unnecessary capabilities and capac19 ities that can be redirected to better sup20 port other existing capabilities and capac21 ities, as the case may be; and’’; 

22 (D) in paragraph (5), by striking ‘‘; and’’ 

23 and inserting a period; and 

24 (E) by striking paragraph (6); 

25 (3) in subsection (c)— 


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1 (A) in paragraph (1), by striking ‘‘Decem2 ber 31 of the year’’ and inserting ‘‘60 days 

3 after the date of the submission of the Presi4 dent’s budget for the fiscal year after the fiscal 

5 year’’; 

6 (B) in paragraph (2)— 

7 (i) in subparagraph (B), by striking 

8 ‘‘description of the threats to’’ and insert9 ing ‘‘risk assessment of’’; 

10 (ii) in subparagraph (C), by inserting 

11 ‘‘, as required under subsection (b)(2)’’ be12 fore the semicolon at the end; 

13 (iii) in subparagraph (D)— 

14 (I) by inserting ‘‘to the extent 

15 practicable,’’ before ‘‘a description’’; 

16 and 

17 (II) by striking ‘‘budget plan’’ 

18 and inserting ‘‘resources required’’; 

19 (iv) in subparagraph (F)— 

20 (I) by inserting ‘‘to the extent 

21 practicable,’’ before ‘‘a discussion’’; 

22 and 

23 (II) by striking ‘‘the status of’’; 

24 (v) in subparagraph (G)— 


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1 (I) by inserting ‘‘to the extent 

2 practicable,’’ before ‘‘a discussion’’; 

3 (II) by striking ‘‘the status of’’; 

4 (III) by inserting ‘‘and risks’’ be5 fore ‘‘to national homeland’’; and 

6 (IV) by inserting ‘‘and’’ after the 

7 semicolon at the end; 

8 (vi) by striking subparagraph (H); 

9 and 

10 (vii) by redesignating subparagraph 

11 (I) as subparagraph (H); 

12 (C) by redesignating paragraph (3) as 

13 paragraph (4); and 

14 (D) by inserting after paragraph (2) the 

15 following new paragraph (3): 

16 ‘‘(3) DOCUMENTATION.—The Secretary shall 

17 retain and, upon request, provide to Congress the 

18 following documentation regarding each quadrennial 

19 homeland security review: 

20 ‘‘(A) Records regarding the consultation 

21 carried out the pursuant to subsection (a)(3), 

22 including the following: 

23 ‘‘(i) All written communications, in24 cluding communications sent out by the 

25 Secretary and feedback submitted to the 


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1 Secretary through technology, online com2 munications tools, in-person discussions, 

3 and the interagency process. 

4 ‘‘(ii) Information on how feedback re5 ceived by the Secretary informed the quad6 rennial homeland security review. 

7 ‘‘(B) Information regarding the risk as8 sessment, as required under subsection 

9 (c)(2)(B), including the following: 

10 ‘‘(i) The risk model utilized to gen11 erate the risk assessment. 

12 ‘‘(ii) Information, including data used 

13 in the risk model, utilized to generate the 

14 risk assessment. 

15 ‘‘(iii) Sources of information, includ16 ing other risk assessments, utilized to gen17 erate the risk assessment. 

18 ‘‘(iv) Information on assumptions, 

19 weighing factors, and subjective judgments 

20 utilized to generate the risk assessment, 

21 together with information on the rationale 

22 or basis thereof.’’; and 

23 (4) by redesignating subsection (d) as sub24 section (e); and 


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1 (5) by inserting after subsection (c) the fol2 lowing new subsection (d): 

3 ‘‘(d) REVIEW.—Not later than 90 days after the sub4 mission of each report required under subsection (c)(1), 

5 the Secretary shall provide to the Committee on Homeland 

6 Security of the House of Representatives and the Com7 mittee on Homeland Security and Governmental Affairs 

8 of the Senate information on the degree to which the find9 ings and recommendations developed in the quadrennial 

10 homeland security review covered by each such report were 

11 integrated into the acquisition strategy and expenditure 

12 plans for the Department.’’. 

13 (b) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply with respect to a quadrennial 

15 homeland security review conducted after December 31, 

16 2021. 

17 SEC. 402. LIMITATIONS REGARDING SECRETARIAL AU18 THORITIES ASSOCIATED WITH THE PROTEC19 TION OF PUBLIC PROPERTY. 

20 Section 1315 of title 40, United States Code, is 

21 amended— 

22 (1) in subsection (b)(1)— 

23 (A) by striking ‘‘of the Department of 

24 Homeland Security, including employees trans25 ferred to the Department’’ and insert ‘‘transVerDate Sep 11 2014 03:14 Nov 29, 2020 Jkt 019200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 E:\BILLS\H8791.IH H8791

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1 ferred to the Department of Homeland Secu2 rity’’; and 

3 (B) by striking ‘‘2002,’’ and inserting 

4 ‘‘2002’’; 

5 (2) in subsection (b)(2)— 

6 (A) by striking ‘‘While engaged in the per7 formance of official duties,’’ and inserting ‘‘To 

8 the extent necessary to protect the property de9 scribed in subsection (a) and persons on such 

10 property,’’; 

11 (B) in subparagraph (B) by striking ‘‘fire12 arms’’ and inserting ‘‘a firearm’’; 

13 (C) in subparagraph (C) by striking ‘‘if the 

14 officer or agent has reasonable grounds to be15 lieve that the person to be arrested has com16 mitted or is committing a felony;’’ and inserting 

17 the following: ‘‘if— 

18 ‘‘(i) the officer or agent has probable 

19 cause to believe that the person to be ar20 rested has committed, is committing, or is 

21 about to commit a felony on or related to 

22 property owned or occupied by the Federal 

23 Government; 

24 ‘‘(ii) the arrest— 


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1 ‘‘(I) occurs on the Federal prop2 erty or an area in the immediate vi3 cinity of the property and does not ex4 tend beyond any adjacent sidewalk, 

5 public street, or other adjacent areas; 

6 ‘‘(II) in the case of an agreement 

7 under subsection (e), occurs in an 

8 area in which arrests are permitted 

9 under the parameters established in 

10 such agreement; or 

11 ‘‘(III) is carried out in an area 

12 not covered under subclause (I) or 

13 (II) only if— 

14 ‘‘(aa) the officer or agent is 

15 in active pursuit of a person who 

16 is otherwise subject to arrest 

17 under this subparagraph; and 

18 ‘‘(bb) such person exits the 

19 area covered by subclause (I) or 

20 (II), as applicable, during such 

21 pursuit; and 

22 ‘‘(iii) there are specific and articulable 

23 facts to support a reasonable belief that 

24 the person may— 


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1 ‘‘(I) escape before a warrant can 

2 be obtained for his or her arrest; 

3 ‘‘(II) destroy evidence; or 

4 ‘‘(III) continue the commission of 

5 a felony on or related to property 

6 owned or occupied by the Federal 

7 Government;’’; 

8 (D) in subparagraph (E) by striking ‘‘; 

9 and’’ and inserting ‘‘, except that such inves10 tigations and any associated surveillance are re11 stricted solely to offenses that may have been 

12 committed against property owned or occupied 

13 by the Federal Government; and’’; and 

14 (E) by striking subparagraph (F) and in15 serting the following: 

16 ‘‘(F) carry out such other activities nec17 essary to protect the property described in sub18 section (a) and persons on such property as the 

19 Secretary may prescribe.’’; 

20 (3) in subsection (e)— 

21 (A) by striking ‘‘the Secretary may enter 

22 into agreements’’ and inserting ‘‘the Secretary 

23 shall enter into agreements, including memo24 randa of understanding,’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘Any agreement, including memoranda of un3 derstanding, entered into under this subsection 

4 shall include a requirement that all officers and 

5 agents designated under this subsection and 

6 subject to such agreement wear body cameras 

7 while on duty.’’; 

8 (4) by redesignating subsections (f) and (g) as 

9 subsections (h) and (i), respectively; and 

10 (5) by inserting after subsection (e) the fol11 lowing: 

12 ‘‘(f) IDENTIFICATION AS FEDERAL OFFICER.—An of13 ficer or agent designated under this subsection shall, while 

14 engaged in the performance of official duties, display— 

15 ‘‘(1) appropriate insignia identifying the depart16 ment or agency of the Department of Homeland Se17 curity from which such officer or agent has been 

18 designated; and 

19 ‘‘(2) the full name of the officer or agent. 

20 ‘‘(g) LIMITATION ON ARRESTS.—With respect to any 

21 arrest carried out under subsection (b)(2)(C), the officer 

22 or agent shall— 

23 ‘‘(1) identify himself or herself and the depart24 ment or agency in which such officer or agent is em25 ployed; 


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1 ‘‘(2) inform the individual being arrested of the 

2 cause for such arrest; 

3 ‘‘(3) in the case of an arrest carried out pursu4 ant to an agreement under subsection (e), notify any 

5 State or local government that is party to such 

6 agreement of the arrest; and 

7 ‘‘(4) document the details of the arrest and the 

8 cause for such arrest.’’. 

9 SEC. 403. BIOMETRIC ENTERPRISE MANAGEMENT. 

10 (a) BIOMETRICS AND IDENTITY MANAGEMENT DE11 VELOPMENT AND STRATEGY.—Not later than one year 

12 after the date of the enactment of this Act, the Under 

13 Secretary for Strategy, Policy, and Plans shall, in coordi14 nation with the Privacy Officer and Civil Rights and Civil 

15 Liberties Officer, and consultation with appropriate heads 

16 of components or offices within the Department, develop 

17 and coordinate a biometrics and identity management en18 terprise strategy for the Department that includes guid19 ance and requirements regarding the front-end collection, 

20 use, retention, sharing, and disposal of biometric informa21 tion by and within the Department and requires the estab22 lishment of robust privacy protections for individuals that, 

23 with respect to the United States VISIT program and any 

24 other such passenger facilitation program, prioritizes se25 curing voluntary consent for the capture of biometrics 


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1 from individuals through an opt-in approach rather than 

2 an opt-out approach. Upon the issuance of the strategy, 

3 no component head shall be authorized to initiate or ex4 pand a pilot or program that includes biometrics or iden5 tity management without the Secretary determining that 

6 the program is consistent with this strategy or successor 

7 strategy. 

8 (b) COMPLIANCE WITH DEPARTMENT BIOMETRICS

9 AND IDENTITY MANAGEMENT STRATEGY.—The Under 

10 Secretary for Management shall— 

11 (1) not later than 180 days after the issuance 

12 of the biometrics and identity management enter13 prise strategy required under subsection (a) of this 

14 section, issue determinations regarding compliance 

15 with the strategy for each pilot or program of the 

16 Department that uses biometric technologies or in17 formation and, where necessary, a corresponding 

18 corrective action plan for the pilot or program to 

19 come into compliance with the strategy within a 

20 year; 

21 (2) upon issuance of determinations pursuant 

22 to paragraph (1), submit determinations together 

23 with any corresponding corrective action plans to the 

24 Committee on Homeland Security of the House of 

25 Representatives and the Committee on Homeland 


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1 Security and Governmental Affairs of the Senate; 

2 and 

3 (3) two years after enactment of this Act, sub4 mit certifications for each pilot or program that the 

5 Secretary determines to be in compliance the strat6 egy to the Committee on Homeland Security of the 

7 House of Representatives and the Committee on 

8 Homeland Security and Governmental Affairs of the 

9 Senate and notification of the suspension or can10 cellation of any pilots or programs that are not in 

11 compliance with the strategy. 

12 (c) INVENTORY.—Within 180 days of enactment of 

13 this Act, the Under Secretary for Management, in coordi14 nation with the Under Secretary for Science and Tech15 nology, shall submit to the Committee on Homeland Secu16 rity of the House of Representatives and the Committee 

17 on Homeland Security and Governmental Affairs of the 

18 Senate an inventory of all pilots and programs of the De19 partment that use biometric technologies or information. 

20 The inventory shall include, at a minimum, the following 

21 information for each pilot and program— 

22 (1) the components or Department offices in23 volved, including their roles and responsibilities; 


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1 (2) the purpose of the pilot or program, includ2 ing reason for the use of biometric technologies or 

3 information in the pilot or program; 

4 (3) a description of functionality, including an 

5 overview of any technologies or systems used to cap6 ture, share, or match biometric information; 

7 (4) the timeframes and locations of key events, 

8 including the actual or planned initiation and com9 pletion dates for test activities and technology de10 ployments; 

11 (5) estimated total cost and funding sources; 

12 (6) any contracts or agreements entered into 

13 with other Federal departments and agencies, pri14 vate or third-party entities, and educational institu15 tions; 

16 (7) status of implementation, including any 

17 transition plans for pilots; and 

18 (8) status of plans for developing and issuing 

19 any related rulemakings or privacy impact assess20 ments. 

21 (d) ASSESSMENT.—Within one year of submitting the 

22 inventory required under subsection (a), the Under Sec23 retary for Science and Technology shall conduct and sub24 mit to the Committee on Homeland Security of the House 

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1 rity and Governmental Affairs of the Senate an assess2 ment of all pilots or programs of the Department that use 

3 biometric technologies or information that involves facial 

4 recognition or iris scanning. The assessment shall, at a 

5 minimum, review— 

6 (1) the impact of device specifications and in7 stallation factors, such as camera quality, lighting, 

8 and internet connectivity, of biometric collection 

9 technologies on the Department’s ability to capture 

10 accurate data across all demographic groups, includ11 ing across age, sex, skin tone, and disability status, 

12 alone and in combination with each other, to inform 

13 minimum biometric capture device standards; 

14 (2) proposed or implemented biometric collec15 tion methods to capture accurate data across all de16 mographic groups; 

17 (3) information security of biometric technology 

18 or systems, including lessons learned to improve re19 siliency against tampering or cyber threats; and 

20 (4) independent testing results of biometric 

21 matching algorithms to verify accuracy across all de22 mographic groups. 

23 (e) LIMITATION ON EXPANDING BIOMETRIC AIR

24 EXIT CAPABILITIES.— 


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1 (1) REQUIREMENT.—The Under Secretary for 

2 Management shall prohibit U.S. Customs and Bor3 der Protection from expanding biometric air exit ca4 pabilities to additional airports, air terminals, or air5 lines, until it has demonstrated for at least three 

6 consecutive months that the program meets its vali7 dated user requirement for capturing live biometric 

8 images of in-scope travelers on participating flights 

9 for capabilities already deployed as of the date of the 

10 enactment of this Act. 

11 (2) DEFINITION.—In this section, the term ‘‘in12 scope traveler’’ means any person who is required to 

13 provide biometrics upon exit from the United States 

14 pursuant to section 215.8(a)(1) of title 8, Code of 

15 Federal Regulations. 

16 SEC. 404. ENHANCED DEPARTMENTAL OVERSIGHT OF CER17 TAIN INTELLIGENCE MATTERS. 

18 Paragraph (9) of section 201(d) of the Homeland Se19 curity Act of 2002 (6 U.S.C. 121(d)) is amended— 

20 (1) in subparagraph (A), by striking ‘‘and’’ 

21 after the semicolon; 

22 (2) in subparagraph (B), by striking the period 

23 and inserting ‘‘; and’’; and 

24 (3) by adding at the end the following new sub25 paragraph: 


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1 ‘‘(C) any intelligence information under 

2 this Act is, to the extent practicable, shared, re3 tained, and disseminated consistent with the 

4 protection of privacy rights, civil rights, and 

5 civil liberties, as determined, respectively, by 

6 the Chief Privacy Officer and the Officer for 

7 Civil Rights and Civil Liberties.’’. 

8 SEC. 405. PRIVACY, CIVIL RIGHTS, AND CIVIL LIBERTIES 

9 COORDINATION REQUIRED. 

10 No head of a component or office may initiate, mod11 ify, or expand a program that may substantially impact 

12 the privacy, civil rights, and civil liberties of individuals 

13 or includes the collection of personally identifiable infor14 mation unless prior to the initiation, modification, or ex15 pansion, the head of the component or office has done so 

16 in coordination with the Chief Privacy Officer and the Of17 ficer for Civil Rights and Civil Liberties of the Depart18 ment. 

19 SEC. 406. DEPARTMENT-WIDE SOCIAL MEDIA POLICY. 

20 (a) IN GENERAL.—Not later than 180 days after en21 actment of this Act, the Secretary, acting through the 

22 Under Secretary for Management, shall issue a Depart23 ment-wide management directive for social media activity 

24 on official Departmental accounts that shall include— 


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1 (1) the roles and responsibilities of Department 

2 offices, including the Office of the General Counsel 

3 and Privacy Office, in monitoring the Department’s 

4 compliance with the social media policy; 

5 (2) a discussion of applicable Federal laws, reg6 ulations, and requirements that apply to social 

7 media use, including those related to information 

8 quality, such as the Data Quality Act, ethical con9 duct, protecting individual privacy, and records man10 agement; 

11 (3) the process for authorizing an official, De12 partment branded social media account; 

13 (4) training requirements, to include mass com14 munication and ethics training, for authorizing agen15 cy officials to use Department accounts to commu16 nicate in their official capacity; and 

17 (5) guidance for the personal use of social 

18 media accounts not related to official duties. 

19 (b) PUBLICATION.—The Secretary shall maintain a 

20 list of all current official social media accounts of the De21 partment on the website of the Department. 

22 SEC. 407. PROPAGANDA PROHIBITED. 

23 (a) IN GENERAL.—Not later than 90 days after en24 actment of this Act, the Secretary, acting through the 

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1 ment-wide directive and corresponding oversight mecha2 nisms to all personnel prohibiting the origination or cir3 culation of propaganda internally or externally, including 

4 with respect to public-facing materials. 

5 (b) INSPECTOR GENERAL REVIEW.—Not later than 

6 September 30, 2022, the Inspector General of the Depart7 ment shall review— 

8 (1) the Department’s internal and external 

9 communications associated with the August 2020 

10 Kenosha, Wisconsin shooting; the 2020 protests in 

11 Portland, Oregon; and the issuance of Executive 

12 Order 13769 to determine if there is evidence of the 

13 Department engaging in propaganda as defined 

14 under this Act; 

15 (2) implementation of subsection (a); and 

16 (3) issue recommendations, as appropriate, to 

17 strengthen protections against the engagement of 

18 propaganda within the Department. 

19 (c) PROPAGANDA DEFINED.—For purposes of this 

20 section, the term ‘‘propaganda’’ means information dis21 seminated with the intent to promote or publicize a par22 ticular political cause or point of view, including— 

23 (1) materials designed to support or defeat the 

24 enactment of legislation before the Congress or any 

25 State or local legislature or legislative body; 


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1 (2) materials designed to support or defeat pro2 posed or pending regulation, administrative action, 

3 or order issued by the Executive Branch including 

4 any State or local government; 

5 (3) materials self-aggrandizing or overly publi6 cizing and emphasizing the importance of the agency 

7 or activity in question; 

8 (4) materials that are prepared by the agency 

9 or its contractors at the behest of the agency and 

10 circulated as the ostensible position of parties out11 side the agency without disclosure that the informa12 tion originated with the Department; and 

13 (5) purely partisan materials, those designed to 

14 aid a particular political party or candidate. 

15 SEC. 408. LIMITS ON EXPENSES FOR A SWEARING-IN CERE16 MONY. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, the Secretary of Homeland Security may not 

19 obligate or expend any Federal funds or use any Govern20 ment property for a reception or gathering after a swear21 ing-in ceremony. 

22 (b) EXCEPTION.—At the discretion of the Secretary 

23 of Homeland Security, the Secretary may obligate and ex24 pend Federal funds or use Government property during 

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1 pointee within the Department of Homeland Security for 

2 meals or refreshments served during such ceremony if the 

3 total cost does not exceed an amount established by the 

4 Secretary not later than 90 days after the date of the en5 actment of this section. 

6 (c) REPORTING.—Not later than 60 days after the 

7 end of each fiscal year beginning with fiscal year 2021, 

8 the Secretary of Homeland Security, acting through the 

9 Chief Financial Officer of the Department of Homeland 

10 Security, shall submit to the Committee on Homeland Se11 curity of the House of Representatives and the Committee 

12 on Homeland Security and Governmental Affairs of the 

13 Senate an annual report on all funds expended during 

14 swearing-in ceremonies described in subsection (b). 

15 (d) DEFINITIONS.—In this section: 

16 (1) GOVERNMENT PROPERTY.—The term ‘‘Gov17 ernment property’’ has the meaning given such term 

18 in section 2635.704(b)(1) of title 5, Code of Federal 

19 Regulations. 

20 (2) SWEARING-IN CEREMONY.—The term 

21 ‘‘swearing-in ceremony’’ means a gathering at which 

22 the swearing-in of a Department of Homeland Secu23 rity official occurs. 


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1 SEC. 409. CONFLICT OF INTEREST AWARENESS AND RE2 PORTING. 

3 No later than 90 days after enactment, the Chief 

4 Procurement Officer shall— 

5 (1) disseminate existing laws, regulations, and 

6 agency policies related to avoiding personal conflicts 

7 of interest and improper business practices to all 

8 Department contracting and grant officials, as well 

9 as information regarding protections for such offi10 cials that report any attempt or actual interference 

11 by a Department, Administration, or other elected 

12 official or private individual with a conflict of inter13 est or a desire to unfairly influence the procurement 

14 process; and 

15 (2) require that all Department contracting and 

16 grant officials certify receipt and review of the infor17 mation disseminated under paragraph (1). 

18 SEC. 410. MENTOR-PROTE ́ GE ́ PROGRAM. 

19 (a) IN GENERAL.—Subtitle H of title VIII of the 

20 Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) 

21 is amended by adding at the end the following new section: 

22 ‘‘SEC. 890E. MENTOR-PROTE ́ GE ́ PROGRAM. 

23 ‘‘(a) ESTABLISHMENT.—There is established in the 

24 Department a mentor-prote ́ge ́ program (in this section re25 ferred to as the ‘Program’) under which a mentor firm 

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1 pose of assisting the prote ́ge ́ firm to compete for prime 

2 contracts and subcontracts of the Department. 

3 ‘‘(b) ELIGIBILITY.—The Secretary shall establish cri4 teria for mentor firms and prote ́ge ́ firms to be eligible to 

5 participate in the Program, including a requirement that 

6 a firm is not included on any list maintained by the Fed7 eral Government of contractors that have been suspended 

8 or debarred. 

9 ‘‘(c) PROGRAM APPLICATION AND APPROVAL.— 

10 ‘‘(1) APPLICATION.—The Secretary, acting 

11 through the Office of Small and Disadvantaged 

12 Business Utilization of the Department, shall estab13 lish a process for submission of an application joint14 ly by a mentor firm and the prote ́ge ́ firm selected by 

15 the mentor firm. The application shall include each 

16 of the following: 

17 ‘‘(A) A description of the assistance to be 

18 provided by the mentor firm, including, to the 

19 extent available, the number and a brief de20 scription of each anticipated subcontract to be 

21 awarded to the prote ́ge ́ firm. 

22 ‘‘(B) A schedule with milestones for 

23 achieving the assistance to be provided over the 

24 period of participation in the Program. 


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1 ‘‘(C) An estimate of the costs to be in2 curred by the mentor firm for providing assist3 ance under the Program. 

4 ‘‘(D) Attestation that Program partici5 pants will submit to the Secretary reports at 

6 times specified by the Secretary to assist the 

7 Secretary in evaluating the prote ́ge ́ firm’s devel8 opmental progress. 

9 ‘‘(E) Attestations that Program partici10 pants will inform the Secretary in the event of 

11 change in eligibility or voluntary withdrawal 

12 from the Program. 

13 ‘‘(2) APPROVAL.—Not later than 60 days after 

14 receipt of an application pursuant to paragraph (1), 

15 the head of the Office of Small and Disadvantaged 

16 Business Utilization shall notify applicants of ap17 proval or, in the case of disapproval, the process for 

18 resubmitting an application for reconsideration. 

19 ‘‘(3) RESCISSION.—The head of the Office of 

20 Small and Disadvantaged Business Utilization may 

21 rescind the approval of an application under this 

22 subsection if it determines that such action is in the 

23 best interest of the Department. 

24 ‘‘(d) PROGRAM DURATION.—A mentor firm and 

25 prote ́ge ́ firm approved under subsection (c) shall enter into 


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1 an agreement to participate in the Program for a period 

2 of not less than 36 months. 

3 ‘‘(e) PROGRAM BENEFITS.—A mentor firm and 

4 prote ́ge ́ firm that enter into an agreement under sub5 section (d) may receive the following Program benefits: 

6 ‘‘(1) With respect to an award of a contract 

7 that requires a subcontracting plan, a mentor firm 

8 may receive evaluation credit for participating in the 

9 Program. 

10 ‘‘(2) With respect to an award of a contract 

11 that requires a subcontracting plan, a mentor firm 

12 may receive credit for a prote ́ge ́ firm performing as 

13 a first tier subcontractor or a subcontractor at any 

14 tier in an amount equal to the total dollar value of 

15 any subcontracts awarded to such prote ́ge ́ firm. 

16 ‘‘(3) A prote ́ge ́ firm may receive technical, man17 agerial, financial, or any other mutually agreed upon 

18 benefit from a mentor firm, including a subcontract 

19 award. 

20 ‘‘(4) Any other benefits identified by the Sec21 retary. 

22 ‘‘(f) REPORTING.—Not later than 1 year after the 

23 date of the enactment of this Act, and annually thereafter, 

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1 land Security and Small Business of the House of Rep2 resentatives a report that— 

3 ‘‘(1) identifies each agreement between a men4 tor firm and a prote ́ge ́ firm entered into under this 

5 section, including number of prote ́ge ́ firm partici6 pants that are— 

7 ‘‘(A) small business concerns; 

8 ‘‘(B) small business concerns owned and 

9 controlled by veterans; 

10 ‘‘(C) small business concerns owned and 

11 controlled by service-disabled veterans; 

12 ‘‘(D) qualified HUBZone small business 

13 concerns; 

14 ‘‘(E) small business concerns owned and 

15 controlled by socially and economically dis16 advantaged individuals; 

17 ‘‘(F) women-owned small business con18 cerns; 

19 ‘‘(G) historically Black colleges and univer20 sities; and 

21 ‘‘(H) minority institutions of higher edu22 cation; 

23 ‘‘(2) describes the type of assistance provided 

24 by mentor firms to prote ́ge ́ firms; 


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1 ‘‘(3) identifies contracts within the Department 

2 in which a mentor firm serving as the prime con3 tractor provided subcontracts to a prote ́ge ́ firm 

4 under the Program; and 

5 ‘‘(4) assesses the degree to which there has 

6 been— 

7 ‘‘(A) an increase in the technical capabili8 ties of prote ́ge ́ firms; and 

9 ‘‘(B) an increase in the quantity and esti10 mated value of prime contract and subcontract 

11 awards to prote ́ge ́ firms for the period covered 

12 by the report. 

13 ‘‘(g) DEFINITIONS.—In this section: 

14 ‘‘(1) HISTORICALLY BLACK COLLEGE OR UNI15 VERSITY.—The term ‘historically Black college or 

16 university’ means any of the historically Black col17 leges and universities referred to in section 2323 of 

18 title 10, United States Code, as in effect on March 

19 1, 2018. 

20 ‘‘(2) MENTOR FIRM.—The term ‘mentor firm’ 

21 means a for-profit business concern that is not a 

22 small business concern that— 

23 ‘‘(A) has the ability to assist and commits 

24 to assisting a prote ́ge ́ to compete for Federal 

25 prime contracts and subcontracts; and 


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1 ‘‘(B) satisfies any other requirements im2 posed by the Secretary. 

3 ‘‘(3) MINORITY INSTITUTION OF HIGHER EDU4 CATION.—The term ‘minority institution of higher 

5 education’ means an institution of higher education 

6 with a student body that reflects the composition 

7 specified in section 312(b) of the Higher Education 

8 Act of 1965 (20 U.S.C. 1058(b)). 

9 ‘‘(4) PROTE ́GE ́ FIRM.—The term ‘prote ́ge ́ firm’ 

10 means a small business concern, a historically Black 

11 college or university, or a minority institution of 

12 higher education that— 

13 ‘‘(A) is eligible to enter into a prime con14 tract or subcontract with the Department; and 

15 ‘‘(B) satisfies any other requirements im16 posed by the Secretary. 

17 ‘‘(5) SMALL BUSINESS ACT DEFINITIONS.—The 

18 terms ‘small business concern’, ‘small business con19 cern owned and controlled by veterans’, ‘small busi20 ness concern owned and controlled by service-dis21 abled veterans’, ‘qualified HUBZone small business 

22 concern’, and ‘small business concern owned and 

23 controlled by women’ have the meaning given such 

24 terms, respectively, under section 3 of the Small 

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1 ness concern owned and controlled by socially and 

2 economically disadvantaged individuals’ has the 

3 meaning given such term in section 8(d)(3)(C) of 

4 the Small Business Act (15 U.S.C. 637(d)(3)(C)).’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 in section 1(b) of the Homeland Security Act of 2002 is 

7 amended by inserting after the item relating to section 

8 890D the following new item: 

‘‘Sec. 890E. Mentor-prote ́ge ́ program.’’. 

9 SEC. 411. HISTORICALLY BLACK COLLEGES AND UNIVER10 SITIES (HBCUS) HOMELAND SECURITY PART11 NERSHIPS. 

12 (a) DEPARTMENT-WIDE STRATEGY FOR ENHANCED

13 PARTNERSHIPS WITH HISTORICALLY BLACK COLLEGES

14 AND UNIVERSITIES AND MINORITY-SERVING INSTITU15 TIONS.—Not later than 90 days after the date of the en16 actment of this Act, the Secretary, acting through the 

17 Under Secretary for Strategy, Policy, and Plans of the De18 partment, shall— 

19 (1) issue a Department-wide strategy to en20 hance partnerships with historically Black colleges 

21 and universities and minority-serving institutions 

22 that includes yearly goals, including goals related to 

23 improving recruitment and hiring, research and de24 velopment, and acquisition opportunities at such in25 stitutions, through fiscal year 2025; and 


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1 (2) require the head of each component of the 

2 Department to— 

3 (A) not later than 150 days after the date 

4 of the issuance under paragraph (1) of the De5 partment-wide strategy, develop a component6 specific action plan to implement such strategy; 

7 (B) monitor progress on such implementa8 tion; and 

9 (C) not later than one year after the date 

10 of such issuance, report to the Secretary re11 garding progress on such implementation. 

12 (b) ENHANCEMENT OF RESEARCH AND DEVELOP13 MENT PARTNERSHIPS.—The Secretary shall seek to en14 hance partnerships with historically Black colleges and 

15 universities and minority-serving institutions with respect 

16 to administering the research and development activities 

17 of the Department by, among other things— 

18 (1) encouraging the participation of such col19 leges, universities, and institutions in the research, 

20 development, testing, and evaluation programs and 

21 activities of the Department; 

22 (2) facilitating partnerships between such col23 leges, universities, and institutions and private sec24 tor stakeholders, national laboratories, and other 

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1 land security, including cybersecurity, emergency 

2 management, and counterterrorism; and 

3 (3) distributing funds through Science and 

4 Technology Directorate grants, cooperative agree5 ments, and contracts to such colleges, universities, 

6 and institutions for enhancements in areas impor7 tant to homeland security, including cybersecurity, 

8 emergency management, and counterterrorism. 

9 (c) CAREER OPPORTUNITIES PARTNERSHIPS.—Not 

10 later than 120 days after the date of the enactment of 

11 this Act, the Secretary, acting through the Chief Human 

12 Capitol Officer of the Department, shall make available 

13 to historically Black colleges and universities and minor14 ity-serving institutions a current list of internship, fellow15 ship, scholarship, and recruitment opportunities within the 

16 Department for students and recent graduates of such col17 leges, universities, and institutions. 

18 (d) ACQUISITION PARTNERSHIPS.—Not later than 

19 120 days after the date of the enactment of this Act, the 

20 Secretary, acting through the Chief Procurement Officer 

21 of the Department, shall— 

22 (1) identify how to increase the participation of 

23 historically Black colleges and universities and mi24 nority-serving institutions in Department acquisi25 tions, including identifying existing opportunities for 


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1 historically Black colleges and universities and mi2 nority-serving institutions to participate in the con3 tracting program of the Small Business Administra4 tion for minorities; and 

5 (2) disseminate to such colleges, universities, 

6 and institutions— 

7 (A) information identified in accordance 

8 with paragraph (1); and 

9 (B) current and future opportunities to 

10 participate in Department acquisitions. 

11 (e) ANNUAL REPORT.— 

12 (1) IN GENERAL.—Not later than one year 

13 after enactment of this Act, and annually thereafter 

14 through 2026, the Secretary shall submit to the 

15 Committee on Homeland Security of the House of 

16 Representatives and the Committee on Homeland 

17 Security and Governmental Affairs of the Senate a 

18 report on the efforts of the Department to partner 

19 with historically Black colleges and universities and 

20 minority-serving institutions to carry out this Act. 

21 (2) REPORTING REQUIREMENTS.—The annual 

22 reports required under subsection (a) shall include 

23 the following: 

24 (A) A list of awards, including the cor25 responding monetary value for each such 


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1 award, to historically Black colleges and univer2 sities and minority-serving institutions, 

3 disaggregated by grant, contract, cooperative 

4 agreement, and other research development test 

5 and evaluation activity, initiative, and program. 

6 (B) A description of how the Department 

7 is partnering with historically Black colleges 

8 and universities and minority-serving institu9 tions under the programs referred to in sub10 sections (b) and (d), and how such programs 

11 have helped such colleges, universities, and in12 stitutions participate in acquisitions with the 

13 Department. 

14 (C) A summary of outreach efforts to his15 torically Black colleges and universities and mi16 nority-serving institutions, and an identification 

17 of any Department programs and initiatives in 

18 which such colleges, universities, and institu19 tions are under-represented among institutions 

20 of higher education. 

21 (D) A description of the status of efforts 

22 made by the Department pursuant to sub23 sections (a) and (c), including— 

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1 wide strategy to enhance partnerships with 

2 historically Black colleges and universities 

3 and minority-serving institutions under 

4 such section, and the status of efforts to 

5 implement action plans throughout the De6 partment to carry out such strategy; and 

7 (ii) for subsection (c), participation 

8 rates in each internship, fellowship, schol9 arship, and recruitment opportunity re10 ferred to in such section, listed by histori11 cally Black college and university and mi12 nority-serving institution so participating. 

13 (E) A list of memoranda of understanding 

14 entered into by the Department with histori15 cally Black colleges and universities and minor16 ity-serving institutions and information on the 

17 parties and scope of each such memorandum of 

18 understanding. 

19 SEC. 412. CHILDREN’S TECHNICAL EXPERT. 

20 Paragraph (2) of section 503(b) of the Homeland Se21 curity Act (6 U.S.C. 313(b)) is amended— 

22 (1) in subparagraph (G), by striking ‘‘and’’ at 

23 the end; 

24 (2) in subparagraph (H), by striking the period 

25 at the end and inserting ‘‘; and’’; and 


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1 (3) by adding at the end the following new sub2 paragraph: 

3 ‘‘(I) identify and integrate the needs of 

4 children into activities to prepare for, protect 

5 against, respond to, recover from, and mitigate 

6 against the risk of natural disasters, acts of ter7 rorism, and other manmade disasters, including 

8 catastrophic incidents, including by appointing 

9 a technical expert, who may consult with rel10 evant outside organizations and experts, as nec11 essary, to coordinate such integration, as nec12 essary.’’. 

13 SEC. 413. MODIFICATION OF SECRETARY’S REORGANIZA14 TION AUTHORITY. 

15 Section 872(a) of the Homeland Security Act of 2002 

16 is amended— 

17 (1) in paragraph (1), by striking ‘‘1502(b)’’ 

18 and inserting ‘‘1502’’; and 

19 (2) striking paragraph (2). 

20 SEC. 414. DEFINITIONS. 

21 For purposes of this Act, the following terms should 

22 be defined as follows: 

23 (1) FOREIGN VIOLENT WHITE SUPREMACIST

24 EXTREMIST ORGANIZATION.—The term ‘‘foreign vio25 lent white supremacist extremist organization’’ 


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1 means an organization based outside the United 

2 States that seeks, wholly or in part, through unlaw3 ful acts of force or violence, to support a belief in 

4 the intellectual and moral superiority of the white 

5 race over other races. 

6 (2) HISTORICALLY BLACK COLLEGE OR UNI7 VERSITY.—The term ‘‘historically Black college or 

8 university’’ has the meaning given the term ‘‘part B 

9 institution’’ in section 322 of the Higher Education 

10 Act of 1965 (20 U.S.C. 1061). 

11 (3) INSTITUTION OF HIGHER EDUCATION.—The 

12 term ‘‘institution of higher education’’ has the 

13 meaning given that term in section 101 of the High14 er Education Act of 1965 (20 U.S.C. 1001). 

15 (4) MINORITY-SERVING INSTITUTION.—The 

16 term ‘‘minority-serving institution’’ means an insti17 tution of higher education described in section 

18 371(a) of the Higher Education Act of 1965 (20 

19 U.S.C. 1067q(a)). 

20 (5) PUBLIC-FACING MATERIALS.—The term 

21 ‘‘public-facing materials’’ means any written, audio, 

22 or video materials to inform the public, including 

23 press releases, speeches, talking points, fact sheets, 

24 testimony, letters, reports, billboards, and social 

25 media. 


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1 (6) SOCIAL MEDIA.—The term ‘‘social media’’ 

2 means any tools and technologies that allow a social 

3 media user to share communications, postings, or in4 formation, or participate in social networking, in5 cluding but not limited to blogs, social networks, 

6 video, and photo sharing websites, online forums, 

7 and discussion boards, and automated data feeds. 

8 (7) TARGETED VIOLENCE.—The term ‘‘targeted 

9 violence’’ means any incident of violence in which an 

10 attacker selects a particular target prior to the inci11 dent of violence so as to suggest an intent to inflict 

12 mass injury or death and may be an act of domestic 

13 terrorism or international terrorism, or an attack 

14 that otherwise lacks a clearly discernible political or 

15 ideological motivation, such as the June 12, 2016, 

16 nightclub mass shooting in Orlando, Florida, the Oc17 tober 1, 2017, attack on concert-goers at a music 

18 festival in Las Vegas, Nevada, and the August 3, 

19 2019, mass shooting at a store in El Paso, Texas. 

20 (8) VIOLENT WHITE SUPREMACIST EXTRE21 MISM.—The term ‘‘white supremacist extremism’’ 

22 means an ideology that seeks, wholly or in part, 

23 through unlawful acts of force or violence, to supVerDate Sep 11 2014 03:14 Nov 29, 2020 Jkt 019200 PO 00000 Frm 00265 Fmt 6652 Sfmt 6201 E:\BILLS\H8791.IH H8791

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266 

•HR 8791 IH

1 port a belief in the intellectual and moral superiority 

2 of the white race over other races. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS