179 
‘‘(II) of any significant changes 
to the technical approach of a pro-
gram, to inform key acquisition deci-
sions, such as initiating development; 
and 
‘‘(iii) participating in program sys-
tems engineering life-cycle technical re-
views. 
‘‘(f) INSTITUTION
OF
HIGHER
EDUCATION
DE-
FINED.—In this section, the term ‘institution of higher 
education’ has the meaning given the term in section 
101(a) of the Higher Education Act of 1965 (20 U.S.C. 
1001(a)).’’. 
(b) REPORT RELATING TO FEDERALLY FUNDED RE-
SEARCH AND DEVELOPMENT CENTERS.—Not later than 
one year after the date of the enactment of this Act and 
annually thereafter, the Secretary shall submit to the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report list of 
ongoing and completed projects by Federally funded re-
search and development centers within the Department for 
the previous year. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
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amended by this Act, is further amended by inserting after 
the item relating to section 835 the following new item: 
‘‘Sec. 836. Technical Support Offices.’’. 
SEC. 403. ACQUISITION DOCUMENTATION. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), 
as amended by this Act, is further amended by adding 
at the end the following new section: 
‘‘SEC. 837. ACQUISITION DOCUMENTATION. 
‘‘(a) IN GENERAL.—For each major acquisition pro-
gram, the Secretary, acting through the Under Secretary 
for Management, shall require the head of each relevant 
component or office of the Department to— 
‘‘(1) maintain acquisition documentation that is 
complete, accurate, timely, valid, and includes— 
‘‘(A) operational requirements that are 
validated consistent with departmental policy; 
‘‘(B) a complete life-cycle cost estimate 
with supporting documentation; 
‘‘(C) verification of such life-cycle cost esti-
mate against independent cost estimates, and 
reconciliation of any differences; 
‘‘(D) a cost-benefit analysis with sup-
porting documentation; 
‘‘(E) an integrated master schedule with 
supporting documentation; 
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‘‘(F) plans for conducting systems engi-
neering reviews and test and evaluation activi-
ties throughout development to support produc-
tion and deployment decisions; 
‘‘(G) an acquisition plan that outlines the 
procurement approach, including planned con-
tracting vehicles; 
‘‘(H) a logistics and support plan for oper-
ating and maintaining deployed capabilities 
until such capabilities are disposed of or retired; 
and 
‘‘(I) an acquisition program baseline that 
is traceable to the operational requirements of 
the program required under subparagraphs (A), 
(B), and (E); 
‘‘(2) prepare cost estimates and schedules for 
major acquisition programs pursuant to subpara-
graphs (B) and (E) of paragraph (1) in a manner 
consistent with best practices as identified by the 
Comptroller General of the United States; and 
‘‘(3) ensure any revisions to the acquisition doc-
umentation maintained pursuant to subsection 
(a)(1) are reviewed and approved in accordance with 
departmental policy. 
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‘‘(b) MAJOR ACQUISITION PROGRAM DEFINED.—In 
this section, the term ‘major acquisition program’ means 
a Department capital asset, services, or hybrid acquisition 
program that is estimated by the Secretary to require an 
eventual total expenditure of at least $300 million (based 
on fiscal year 2021 constant dollars) over its life-cycle or 
a program identified by the Chief Acquisition Officer as 
a program of special interest.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by this Act, is further amended by adding after 
the item relating to section 836 the following new item: 
‘‘Sec. 837. Acquisition Documentation.’’. 
SEC. 404. ACQUISITION REVIEW BOARD. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), 
as amended by this Act, is further amended by adding 
at the end the following new section: 
‘‘SEC. 838. ACQUISITION REVIEW BOARD. 
‘‘(a) IN GENERAL.—The Secretary shall establish an 
Acquisition Review Board (in this section referred to as 
the ‘Board’) to— 
‘‘(1) strengthen accountability and uniformity 
within the Department acquisition review process; 
and 
‘‘(2) review— 
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‘‘(A) acquisition programs; and 
‘‘(B) the use of best practices. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) MEMBERS.—The Board shall be composed 
of the following members: 
‘‘(A) The Chair of the Joint Requirements 
Council. 
‘‘(B) The Chief Financial Officer. 
‘‘(C) The Chief Human Capital Officer. 
‘‘(D) The Chief Information Officer. 
‘‘(E) The Chief Procurement Officer. 
‘‘(F) The Chief Readiness Support Officer. 
‘‘(G) The Chief Security Officer. 
‘‘(H) The Director of the Office of Test 
and Evaluation. 
‘‘(I) Other relevant senior Department offi-
cials, as designated by the Under Secretary for 
Management. 
‘‘(2) CHAIR.—The Under Secretary for Man-
agement shall serve as chair of the Board. 
‘‘(c) RESPONSIBILITIES.—The responsibilities of the 
Board are as follows: 
‘‘(1) Determine the appropriate acquisition level 
and acquisition decision authority for new acquisi-
tion programs based on the estimated eventual total 
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expenditure to meet the mission need over the life- 
cycle of the acquisition regardless of funding source. 
‘‘(2) Determine whether a proposed acquisition 
has met the requirements of key phases of the acqui-
sition life-cycle framework and is able to proceed to 
the next phase and eventual full production and de-
ployment. 
‘‘(3) Oversee whether the business strategy, re-
sources, management, and accountability of a pro-
posed acquisition is executable and aligned with the 
mission and strategic goals of the Department. 
‘‘(4) Support the person with acquisition deci-
sion authority for an acquisition in determining the 
appropriate direction for such acquisition at key ac-
quisition decision events. 
‘‘(5) Conduct systematic reviews of acquisitions 
to ensure that such acquisitions are progressing in 
compliance with the most recently approved docu-
ments for their current acquisition phases. 
‘‘(6) Review the acquisition documents of each 
major acquisition program, including the acquisition 
program baseline and documentation reflecting con-
sideration of tradeoffs among cost, schedule, and 
performance objectives, to ensure the reliability of 
underlying data. 
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‘‘(7) Ensure that practices are adopted and im-
plemented to require consideration of trade-offs 
among cost, schedule, and performance objectives as 
part of the process for developing operational re-
quirements for major acquisition programs prior to 
the initiation of the second acquisition decision 
event, including— 
‘‘(A) ensuring Department officials respon-
sible for acquisition, performance, budget, and 
cost estimating functions— 
‘‘(i) are provided with the appropriate 
opportunity to develop estimates; and 
‘‘(ii) raise concerns, where appro-
priate, related to cost, schedule, and per-
formance before operational requirements 
are established for capabilities when fea-
sible; and 
‘‘(B) considering possible trade-offs among 
cost, schedule, and performance objectives for 
each alternative. 
‘‘(d) MEETINGS.—The Board shall meet regularly for 
purposes of ensuring all acquisitions proceed in a timely 
fashion to achieve mission readiness. The Board shall con-
vene at the discretion of the Under Secretary for Manage-
ment and at any time— 
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‘‘(1) a new acquisition program is initiated; 
‘‘(2) a major acquisition program— 
‘‘(A) requires authorization to proceed 
from one acquisition decision event to another 
throughout the acquisition life-cycle; 
‘‘(B) is in breach; or 
‘‘(C) requires additional review, as deter-
mined by the Under Secretary for Management; 
or 
‘‘(3) a non-major acquisition program requires 
review, as determined by the Under Secretary for 
Management. 
‘‘(e) DOCUMENTATION.— 
‘‘(1) IN
GENERAL.—The chair of the Board 
shall ensure that all activities and decisions made 
pursuant to the responsibilities of the Board re-
quired under subsection (c) are documented in an 
acquisition decision memorandum that includes— 
‘‘(A) a summary of the activity or purpose 
for convening a meeting; 
‘‘(B) the decision with respect to activities 
discussed during such meeting; 
‘‘(C) the rationale for such a decision, in-
cluding justifications for any decision made to 
allow acquisition programs to deviate from the 
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acquisition management policy of the Depart-
ment; 
‘‘(D) any assigned items for further action; 
and 
‘‘(E) the signature of the chair verifying 
the contents of such memorandum. 
‘‘(2) SUBMISSION OF MEMORANDUM.—Not later 
than seven days after the date on which the acquisi-
tion decision memorandum is signed by the chair 
pursuant to paragraph (1)(E), the chair shall submit 
to the Secretary, the Committee on Homeland Secu-
rity of the House of Representatives, and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate a copy of such memorandum.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 (6 
U.S.C. 101 et seq.), as amended by this Act, is further 
amended by adding after the item relating to section 837 
the following new item: 
‘‘Sec. 838. Acquisition Review Board.’’. 
SEC. 405. CONGRESSIONAL NOTIFICATION FOR MAJOR AC-
QUISITION PROGRAMS. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), 
as amended by this Act, is further amended by adding 
at the end the following new section: 
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‘‘SEC. 839. CONGRESSIONAL NOTIFICATION AND OTHER RE-
QUIREMENTS FOR MAJOR ACQUISITION PRO-
GRAM BREACH. 
‘‘(a) NOTIFICATIONS
WITHIN
DEPARTMENT
IN 
EVENT OF BREACH.— 
‘‘(1) NOTIFICATION OF BREACH.—If a breach 
occurs, or is expected to occur, in a major acquisi-
tion program, the program manager for such pro-
gram shall notify the Component Acquisition Execu-
tive for such program, the head of the component 
concerned, the Executive Director of the Program 
Accountability and Risk Management office, and the 
Under Secretary for Management (in this section re-
ferred to as the ‘Under Secretary’) in writing not 
later than 30 days after such breach is identified. 
‘‘(2) NOTIFICATION TO SECRETARY.— 
‘‘(A) IN GENERAL.—If such a breach oc-
curs, or is expected to occur, with respect to a 
major acquisition program and such breach re-
sults in an increase greater than 15 percent of 
a cost threshold, a delay greater than 180 days 
of a schedule threshold, or a failure to meet any 
of the performance thresholds specified in the 
most recently approved acquisition program 
baseline for such program, the Component Ac-
quisition Executive for such program shall no-
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tify the Secretary in writing not later than five 
days after the Component Acquisition Executive 
for such program is notified of the breach pur-
suant to subsection (a). 
‘‘(B) PAUSING ACTIVITIES.—Upon notifi-
cation to the Secretary under subparagraph 
(A), such program shall pause all activities ex-
cept those activities necessary to develop the re-
mediation plan required under subsection (b) 
until the Under Secretary approves such a plan 
or provides alternative corrective actions for the 
program pursuant to subsection (c). 
‘‘(3) NOTIFICATION TO CONGRESS.—Not later 
than 30 days after the date on which the Secretary 
receives a notification under paragraph (2)(A), the 
Secretary, acting through the Under Secretary, shall 
submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate such notification. 
‘‘(b) REMEDIATION PLAN.— 
‘‘(1) IN GENERAL.—If a breach occurs, or is ex-
pected to occur, in a major acquisition program, the 
program manager for such program shall, in coordi-
nation with the Component Acquisition Executive for 
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such a program, submit to the head of the compo-
nent concerned, the Executive Director of the Pro-
gram Accountability and Risk Management office, 
and the Under Secretary a remediation plan relating 
to such a breach. Such plan shall be submitted at 
a date established at the discretion of the Under 
Secretary. 
‘‘(2) REMEDIATION
PLAN.—The remediation 
plan required under paragraph (1) shall— 
‘‘(A) explain the circumstances of the 
breach at issue; 
‘‘(B) include a root cause analysis that de-
termines the underlying cause of such a breach, 
including— 
‘‘(i) unrealistic performance expecta-
tions; 
‘‘(ii) unrealistic baseline estimates for 
cost or schedule or changes in program re-
quirements; 
‘‘(iii) immature technologies or exces-
sive manufacturing or integration risk; 
‘‘(iv) unanticipated design, engineer-
ing, manufacturing, or technology integra-
tion issues arising during program per-
formance; 
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‘‘(v) changes to the scope of such pro-
gram; 
‘‘(vi) inadequate program funding or 
changes in planned out-year funding from 
one 5-year funding plan to the next 5-year 
funding plan as outlined in the Future 
Years Homeland Security Program re-
quired under section 874; 
‘‘(vii) legislative, legal, or regulatory 
changes; 
‘‘(viii) inadequate program manage-
ment personnel, including lack of sufficient 
number of staff, training, credentials, cer-
tifications; or 
‘‘(ix) inadequate assessment or miti-
gation of program risk; 
‘‘(C) propose corrective action to address 
the underlying cause or causes of the breach as 
identified in subparagraph (B); 
‘‘(D) explain the rationale for why a pro-
posed corrective action is recommended com-
pared to other options considered; and 
‘‘(E) identify the estimated impact on pro-
gram cost, schedule, and performance goals of 
implementing the proposed corrective action, 
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and the extent to which funding from other pro-
grams will need to be reduced to cover the cost 
growth of such program. 
‘‘(c) REVIEW OF REMEDIATION PLANS.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after the date on which the Under Secretary receives 
a remediation plan pursuant to subsection (b)(1), 
the Under Secretary shall review such plan and ei-
ther approve such plan or provide an alternative pro-
posed corrective action, including cancelling the pro-
gram at issue. 
‘‘(2) DOCUMENTATION.—— 
‘‘(A) 
ACQUISITION
DECISION
MEMO-
RANDUM.—The Under Secretary shall docu-
ment the review under paragraph (1) in an ac-
quisition decision memorandum. 
‘‘(B) 
PROGRAM
CONTINUATION
AP-
PROVAL.—If the Under Secretary approves a 
program pursuant to paragraph (1) for continu-
ation, the Under Secretary shall certify in the 
acquisition 
decision 
memorandum 
required 
under subparagraph (A) that— 
‘‘(i) such program is essential to the 
accomplishment of the mission of the De-
partment; 
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‘‘(ii) there are no alternatives to the 
capability or asset provided by such pro-
gram that will provide equal or greater ca-
pability in both a more cost-effective and 
timely manner; 
‘‘(iii) the estimated impact on pro-
gram cost, schedule, and performance 
goals of implementing the proposed correc-
tive action are reasonable; and 
‘‘(iv) the management structure for 
such program is adequate to manage and 
control cost, schedule, and performance. 
‘‘(d) SUBMISSION TO CONGRESS.—Not later than 30 
days after the date on which the Under Secretary com-
pletes the review required under subsection (c), the Under 
Secretary shall submit to the Committee on Homeland Se-
curity of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate a copy of the remediation plan required under sub-
section (b) and the acquisition decision memorandum re-
quired under subsection (c).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act, as amended by this Act, is 
further amended by inserting after the item relating to 
section 838 the following new item: 
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‘‘Sec. 839. Congressional notification and other requirements for major acquisi-
tion program breach.’’. 
SEC. 406. ACQUISITION REPORTS. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), 
as amended by this Act, is further amended by adding 
at the end the following new section: 
‘‘SEC. 839A. ACQUISITION REPORTS. 
‘‘(a) CONGRESSIONAL ACQUISITION PROGRESS RE-
PORT.— 
‘‘(1) IN GENERAL.—Not later than the day on 
which the budget of the President is submitted to 
Congress pursuant to section 1105(a) of title 31, 
United States Code, the Under Secretary for Man-
agement shall submit to the appropriate congres-
sional committees and the Comptroller General of 
the United States an acquisition report that includes 
the following: 
‘‘(A) A listing of programs that have been 
cancelled, paused, or are in breach pursuant to 
section 839. 
‘‘(B) A listing of programs being tracked 
on the Master Acquisition Oversight List pursu-
ant to section 715(c)(11) that have not yet es-
tablished an initial Department-approved acqui-
sition program baseline. 
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‘‘(C) A listing of established Executive 
Steering Committees, which provide governance 
of a program or related set of programs and 
lower-tiered oversight, and support between ac-
quisition decision events and component re-
views, including the mission and membership 
for each. 
‘‘(D) The information described in para-
graph (2), if appropriate. 
‘‘(2) INFORMATION
FOR
MAJOR
ACQUISITION 
PROGRAMS.—For each major acquisition program 
tracked on the Master Acquisition Oversight List 
pursuant to section 715(c)(11) that has at least one 
Department-approved acquisition program baseline 
and has not yet fully deployed all planned capabili-
ties, each report required under paragraph (1) shall 
include the following: 
‘‘(A) A narrative describing the purpose of 
the program, including the capabilities being ac-
quired and the component sponsoring the acqui-
sition. 
‘‘(B) Information relating to the status of 
each acquisition program, including— 
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‘‘(i) the current acquisition phase, in-
cluding the phase for each subproject, as 
applicable; 
‘‘(ii) the date of the last review con-
ducted by the Acquisition Review Board; 
and 
‘‘(iii) a listing of the required docu-
ments that have been completed with ap-
proval dates. 
‘‘(C) A comparison of the cost, schedule, 
and performance goals between the first De-
partment-approved acquisition program base-
line, the current Department-approved acquisi-
tion program baseline, and the current plan, in-
cluding a justification for any changes between 
the approved goals and current plan. 
‘‘(D) A description of key test and evalua-
tion events, including the dates of when such 
test and events are planned or have occurred. 
‘‘(E) An identification of the top five risks 
associated with the program, including nar-
rative descriptions and mitigation actions. 
‘‘(F) Information relating to the status of 
the contract associated with the program, in-
cluding earned value management data. 
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‘‘(G) Information relating to the total 
number of increments or units to be acquired, 
including a schedule outlining the quantity of 
increments or units to be procured annually 
until procurement is complete. 
‘‘(H) Information relating to the funding 
for the current year and the next five years for 
each program, including actual or estimated ap-
propriations or fees, disaggregated by account. 
‘‘(3) UPDATES.—Not later than 45 days after 
the date on which each fiscal quarter ends, the 
Under Secretary for Management shall submit to 
the appropriate congressional committees a report 
relating to the information that is required under 
paragraphs (1) and (2) that— 
‘‘(A) has been newly established since the 
annual report was submitted; or 
‘‘(B) has received approval for a revised 
acquisition program baseline. 
‘‘(b) COMPTROLLER GENERAL REVIEWS.— 
‘‘(1) BRIEFING.—Not later than 90 days after 
the date on which each annual report required under 
subsection (a) is submitted, the Comptroller General 
of the United States shall submit to the appropriate 
congressional committees a brief relating to the con-
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tents of each such report, including observations 
with respect to the accuracy of the information pre-
sented and any other risks or challenges the Depart-
ment faces in managing its acquisition portfolio. 
‘‘(2) REVIEW.—Not later than three years after 
submission of the first annual report under sub-
section (a), the Comptroller General of the United 
States shall evaluate and submit to the appropriate 
congressional committees a report relating to the re-
liability of the data used to prepare such reports. 
‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED.—In this section, the term ‘appropriate congres-
sional committees’ means— 
‘‘(1) the Committee on Homeland Security and 
the Committee on Appropriations of the House of 
Representatives; and 
‘‘(2) the Committee on Homeland Security and 
Governmental Affairs and the Committee on Appro-
priations of the Senate.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by this Act, is further amended by inserting after 
the item relating to section 839 the following new item: 
‘‘Sec. 839A. Acquisition reports.’’. 
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SEC. 407. MODIFICATION OF REORGANIZATION AUTHORITY 
OF THE SECRETARY. 
Section 872(a) of the Homeland Security Act of 2002 
(6 U.S.C. 452(a)) is amended by striking ‘‘, but’’ and all 
that follows through ‘‘rational for the action’’ and insert-
ing ‘‘pursuant to section 1502’’. 
SEC. 408. ABOLISHMENT OF OFFICE OF INTERNATIONAL 
AFFAIRS. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 (6 U.S.C. 459) is amended by striking section 879. 
(b) TRANSFER OF ASSETS AND PERSONNEL.—The 
functions authorized to be performed by the Office of 
International Affairs as of the day before the date of the 
enactment of this Act, and the assets and personnel asso-
ciated with such functions, are transferred to the head of 
the Office of International Affairs of the Office of Strat-
egy, Policy, and Plans of the Department. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by this Act, is further amended by striking the 
item relating to section 879. 
SEC. 409. JOINT REQUIREMENTS COUNCIL. 
(a) IN GENERAL.—Subtitle H of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 451 et seq.), 
as amended by this Act, is further amended by adding 
at the end the following new section: 
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‘‘SEC. 890D. JOINT REQUIREMENTS COUNCIL. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a council to be known as the ‘Joint Requirements 
Council’ within the Department (referred to in this section 
as the ‘Joint Requirements Council’). 
‘‘(b) RESPONSIBILITIES.—The Joint Requirements 
Council shall— 
‘‘(1) develop Department-wide policies relating 
to identifying, validating, and prioritizing capability 
gaps and requirements that reduce duplication and 
increase opportunities for efficiencies in meeting 
mission needs of the Department; 
‘‘(2) assess and validate documentation out-
lining proposed capability gaps and requirements for 
all acquisition programs to ensure— 
‘‘(A) alignment with the strategic goals of 
the Department; and 
‘‘(B) requirements are operationally rel-
evant, well-defined, measurable, achievable, and 
cost-informed; 
‘‘(3) implement portfolio reviews to identify 
common capability gaps or mission needs among of-
fices and components of the Department to har-
monize investments and prevent unnecessary overlap 
and duplication; 
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‘‘(4) assist with developing joint requirements 
for any common capability gaps or mission needs 
identified pursuant to paragraph (3); 
‘‘(5) prioritize new and existing requirements 
identified pursuant to paragraph (4) to make rec-
ommendations with respect to the annual budget de-
velopment process of the Department to the Sec-
retary, Deputy Secretary, or Associate Secretary; 
‘‘(6) track any changes to existing require-
ments, including the reasons for the changes, to 
identify opportunities to improve the requirements 
generation process across the Department; and 
‘‘(7) provide technical support and assistance to 
components, including reviewing component-level 
policies for identifying, validating, and prioritizing 
capability gaps and requirements to ensure align-
ment with the Department-wide policies established 
under paragraph (2)(A). 
‘‘(c) COMPOSITION.— 
‘‘(1) CHAIRPERSON.—The Secretary shall ap-
point a chairperson of the Joint Requirements Coun-
cil, for a term of not more than four years, from 
among senior officials from components of the De-
partment or other senior officials as designated by 
the Secretary. 
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202 
‘‘(2) PARTICIPATION.—The Secretary shall en-
sure participation of relevant senior officials rep-
resenting components of the Department and other 
senior officials as designated by the Secretary. 
‘‘(3) ADMINISTRATION.—The Secretary shall 
designate a full-time employee of the Department to 
serve as the executive secretariat of the Council. 
‘‘(4) RELATIONSHIP TO FUTURE YEARS HOME-
LAND SECURITY PROGRAM.—The Secretary shall en-
sure that the Future Years Homeland Security Pro-
gram required under section 874 is consistent with 
any recommendations of the Joint Requirements 
Council required under subsection (b)(5). 
‘‘(d) ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—Not later than one year 
after the date of the enactment of this section and 
annually thereafter, the chairperson of the Joint Re-
quirements Council shall submit to the appropriate 
congressional committees a report relating to the ac-
tivities of the Joint Requirements Council for the 
previous fiscal year. 
‘‘(2) ELEMENTS.—Each report required under 
paragraph (1) shall include a list of documents vali-
dated by the Council that identifies— 
‘‘(A) the type of document validated; 
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203 
‘‘(B) the relevant components that sub-
mitted such document; 
‘‘(C) the document version, if previously 
validated, and reason for revision; and 
‘‘(D) the dates of initial submission and 
final validation. 
‘‘(e) DEFINITION.—In this subsection, the term ‘joint 
requirement’ means a condition or need of more than one 
office or component of the Department that is required 
to be met or possessed by a system, product, or service 
to satisfy an operational mission.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by this Act, is further amended by inserting after 
the item relating to section 890C the following new item: 
‘‘Sec. 890D. Joint Requirements Council.’’. 
SEC. 410. MENTOR-PROTE´ GE´ PROGRAM. 
(a) IN GENERAL.—Subtitle H of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 451 et seq.), 
as amended by this Act, is further amended by adding 
at the end the following new section: 
‘‘SEC. 890E. MENTOR-PROTE´ GE´ PROGRAM. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a mentor-prote´ge´ program (in this section re-
ferred to as the ‘Program’) under which a mentor firm 
enters into an agreement with a prote´ge´ firm for the pur-
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pose of assisting the prote´ge´ firm to compete for prime 
contracts and subcontracts of the Department. 
‘‘(b) ELIGIBILITY.—The Secretary shall establish cri-
teria for mentor firms and prote´ge´ firms to be eligible to 
participate in the Program, including a requirement that 
a firm is not included on any list maintained by the Fed-
eral Government of contractors that have been suspended 
or debarred. 
‘‘(c) PROGRAM APPLICATION AND APPROVAL.— 
‘‘(1) APPLICATION.—The 
Secretary, 
acting 
through the Office of Small and Disadvantaged 
Business Utilization of the Department, shall estab-
lish a process for submission of an application joint-
ly by a mentor firm and the prote´ge´ firm selected by 
the mentor firm. The application shall include each 
of the following: 
‘‘(A) A description of the assistance to be 
provided by the mentor firm, including, to the 
extent available, the number and a brief de-
scription of each anticipated subcontract to be 
awarded to the prote´ge´ firm. 
‘‘(B) A schedule with milestones for 
achieving the assistance to be provided over the 
period of participation in the Program. 
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‘‘(C) An estimate of the costs to be in-
curred by the mentor firm for providing assist-
ance under the Program. 
‘‘(D) Attestation that Program partici-
pants will submit to the Secretary reports at 
times specified by the Secretary to assist the 
Secretary in evaluating the developmental 
progress of the prote´ge´ firm. 
‘‘(E) Attestations that Program partici-
pants will inform the Secretary in the event of 
change in eligibility or voluntary withdrawal 
from the Program. 
‘‘(2) APPROVAL.—Not later than 60 days after 
receipt of an application pursuant to paragraph (1), 
the head of the Office of Small and Disadvantaged 
Business Utilization shall notify applicants of ap-
proval or, in the case of disapproval, the process for 
resubmitting an application for reconsideration. 
‘‘(3) RESCISSION.—The head of the Office of 
Small and Disadvantaged Business Utilization may 
rescind the approval of an application under this 
subsection if it determines that such action is in the 
best interest of the Department. 
‘‘(d) PROGRAM DURATION.—A mentor firm and 
prote´ge´ firm approved pursuant to subsection (c) shall 
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enter into an agreement to participate in the Program for 
a period of not less than 36 months. 
‘‘(e) PROGRAM BENEFITS.—A mentor firm and 
prote´ge´ firm that enter into an agreement under sub-
section (d) may receive the following Program benefits: 
‘‘(1) With respect to an award of a contract 
that requires a subcontracting plan, a mentor firm 
may receive evaluation credit for participating in the 
Program. 
‘‘(2) With respect to an award of a contract 
that requires a subcontracting plan, a mentor firm 
may receive credit for a prote´ge´ firm performing as 
a first tier subcontractor or a subcontractor at any 
tier in an amount equal to the total dollar value of 
any subcontracts awarded to such prote´ge´ firm. 
‘‘(3) A prote´ge´ firm may receive technical, man-
agerial, financial, or any other mutually agreed upon 
benefit from a mentor firm, including a subcontract 
award. 
‘‘(f) REPORTS.— 
‘‘(1) IN GENERAL.—Not later than one year 
after the date of the enactment of this section and 
annually thereafter, the head of the Office of Small 
and Disadvantaged Business Utilization shall submit 
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to the appropriate congressional committees a report 
on the progress of carrying out this section. 
‘‘(2) ELEMENTS.—Each report required under 
paragraph (1) shall include the following: 
‘‘(A) Identification of each agreement be-
tween a mentor firm and a prote´ge´ firm entered 
into under this section, including the number of 
prote´ge´ firm participants that are— 
‘‘(i) small business concerns; 
‘‘(ii) small business concerns owned 
and controlled by veterans; 
‘‘(iii) small business concerns owned 
and controlled by service-disabled veterans; 
‘‘(iv) qualified HUBZone small busi-
ness concerns; 
‘‘(v) small business concerns owned 
and controlled by socially and economically 
disadvantaged individuals; 
‘‘(vi) women-owned small business 
concerns; 
‘‘(vii) historically Black colleges and 
universities; and 
‘‘(viii) minority institution of higher 
education. 
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‘‘(B) Identification of contracts within the 
Department in which a mentor firm serving as 
the prime contractor provided subcontracts to a 
prote´ge´ firm under the Program. 
‘‘(C) A description of the type of assist-
ance provided by a mentor firm to a prote´ge´ 
firm. 
‘‘(D) An assessment of— 
‘‘(i) the increase, if any, in the tech-
nical capabilities of each prote´ge´ firm; and 
‘‘(ii) the number and value of prime 
contract 
and 
subcontract 
awards 
to 
prote´ge´ firms. 
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to limit, diminish, impair, or other-
wise affect the authority of the Department to participate 
in any program carried out by or requiring approval of 
the Small Business Administration or adopt or follow any 
regulation or policy that the Administrator of the Small 
Business Administration may promulgate. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional com-
mittees’ means— 
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‘‘(A) the Committee on Homeland Security 
and the Committee on Small Business of the 
House of Representatives; and 
‘‘(B) the Committee on Homeland Security 
and Governmental Affairs and the Committee 
on Small Business and Entrepreneurship of the 
Senate. 
‘‘(2) HISTORICALLY BLACK COLLEGE OR UNI-
VERSITY.—The term ‘historically Black college or 
university’ means any of the historically Black col-
leges and universities referred to in section 2323 of 
title 10, United States Code, as in effect on March 
1, 2018. 
‘‘(3) MENTOR FIRM.—The term ‘mentor firm’ 
means a for-profit business concern that is not a 
small business concern that— 
‘‘(A) has the ability to assist and commits 
to assisting a prote´ge´ to compete for Federal 
prime contracts and subcontracts; and 
‘‘(B) satisfies any other requirements im-
posed by the Secretary. 
‘‘(4) MINORITY INSTITUTION OF HIGHER EDU-
CATION.—The term ‘minority institution of higher 
education’ means an institution of higher education 
with a student body that reflects the composition 
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210 
specified in section 312(b) of the Higher Education 
Act of 1965 (20 U.S.C. 1058(b)). 
‘‘(5) PROTE´GE´ FIRM.—The term ‘prote´ge´ firm’ 
means a small business concern, a historically Black 
college or university, or a minority institution of 
higher education that— 
‘‘(A) is eligible to enter into a prime con-
tract or subcontract with the Department; and 
‘‘(B) satisfies any other requirements im-
posed by the Secretary. 
‘‘(6) SMALL
BUSINESS
CONCERN.—The term 
‘small business concern’ has meaning given the term 
in section 3(a) of the Small Business Act (15 U.S.C. 
632(a)). 
‘‘(7) SMALL BUSINESS CONCERN OWNED AND 
CONTROLLED
BY
SERVICE-DISABLED
VETERANS.— 
The term ‘small business concern owned and con-
trolled by service-disabled veterans’ has the meaning 
given the term in section 3(q)(2) of the Small Busi-
ness Act (15 U.S.C. 632(q)(2)). 
‘‘(8) SMALL BUSINESS CONCERN OWNED AND 
CONTROLLED BY VETERANS.—The term ‘small busi-
ness concern owned and controlled by veterans’ has 
the meaning given the term in section 3(q)(3) of the 
Small Business Act (15 U.S.C. 632(q)(3)). 
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211 
‘‘(9) SMALL BUSINESS CONCERN OWNED AND 
CONTROLLED BY WOMEN.—The term ‘small business 
concern owned and controlled by women’ has the 
meaning given the term in section 3(n) of the Small 
Business Act (15 U.S.C. 632(n)). 
‘‘(10) QUALIFIED HUBZONE SMALL BUSINESS 
CONCERN.—The term ‘qualified HUBZone small 
business concern’ has the meaning given the term in 
section 3(p) of the Small Business Act (15 U.S.C. 
632(p)). 
‘‘(11) SMALL BUSINESS CONCERN OWNED AND 
CONTROLLED BY SOCIALLY AND ECONOMICALLY DIS-
ADVANTAGED INDIVIDUALS.—The term ‘small busi-
ness concern owned and controlled by socially and 
economically disadvantaged individuals’ has the 
meaning given such term in section 8(d)(3)(C) of 
the Small Business Act (15 U.S.C. 637(d)(3)(C)).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by this Act, is further amended by inserting after 
the item relating to section 890D the following new item: 
‘‘Sec. 890E. Mentor-prote´ge´ program.’’. 
SEC. 411. FITNESS INFORMATION TRANSPARENCY. 
(a) CONSOLIDATION OF FITNESS STANDARDS.—Not 
later than 180 days after the date of the enactment of 
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this Act, the Secretary, acting through the Chief Security 
Officer of the Department, shall— 
(1) coordinate with the heads of components of 
the Department to review and consolidate all Fed-
eral contractor fitness standards used by the De-
partment and its components in order to issue a uni-
form set of fitness standards that reflect public trust 
concerns which correspond to each position risk 
level; 
(2) require the Department and the heads of its 
components to use such uniform fitness standards 
that correspond to the relevant position risk level as 
the basis for fitness determinations for a contractor 
employee; and 
(3) publish such uniform fitness standards that 
correspond to each such position risk level on the 
public website of the Department and cause the 
same to be printed in the Federal Register. 
(b) DEVIATION FROM UNIFORM FITNESS STAND-
ARDS.—The Secretary, acting through the Chief Security 
Officer of the Department, may authorize the Department 
or a component of the Department to deviate from the 
uniform fitness standards issued pursuant to subsection 
(a) on a position-by-position basis if— 
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(1) the Secretary publishes in writing on the 
public website of the Department and causes the 
same to be printed in the Federal Register a certifi-
cation that contains— 
(A) a determination that such uniform fit-
ness standards are not sufficient to protect in-
formation, systems, or facilities of the Depart-
ment the unauthorized disclosure of which or 
unauthorized access to which could reasonably 
be expected to cause substantial damage to the 
integrity and efficiency of the Department; and 
(B) a description of approved additional 
fitness standards and a list to which positions 
such deviation applies; or 
(2) exigent circumstances created by a Presi-
dential declaration of a major disaster issued pursu-
ant to section 401 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 
U.S.C. 5170) require such deviation to mitigate 
staffing shortages for the duration of such declara-
tion. 
(c) RECIPROCITY.— 
(1) IN GENERAL.—The Chief Security Officer 
of the Department shall implement a process to en-
sure fitness determinations made by the Department 
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are uniformly accepted throughout the Department 
and its components. 
(2) 
SUFFICIENCY.—The 
Secretary, 
acting 
through the Chief Security Officer of the Depart-
ment, may, as appropriate, deem a favorably adju-
dicated personnel security investigation sufficient to 
satisfy a requirement to complete a contractor fit-
ness determination under this section. 
(d) IMPLEMENTATION OF UNIFORM PROCESS RE-
GARDING FITNESS ADJUDICATION STATUS UPDATES.— 
Not later than one year after the date of the enactment 
of this Act, the Secretary, acting through the Chief Secu-
rity Officer of the Department and in coordination with 
heads of the components of the Department, shall imple-
ment a uniform process to— 
(1) provide, not less frequently than monthly, 
contractor representatives certified pursuant to sub-
section (e)(1) access to information regarding the 
status of fitness determinations for Department con-
tractor employees relevant to such contractor rep-
resentatives; and 
(2) collect each fiscal quarter data to allow the 
Department and its components and contractor rep-
resentatives to assess average fitness investigation, 
adjudication, and determination processing times for 
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215 
each component of the Department, including infor-
mation regarding the parameters used to calculate 
each such average. 
(e) CERTIFICATION.—Before the implementation of 
the uniform process described in subsection (d), the Sec-
retary, acting through the Chief Security Officer of the 
Department, shall— 
(1) certify that each contractor representative 
receiving information from such process has received 
information regarding practices relating to the ade-
quate protection of personally identifiable informa-
tion and has acknowledged in writing to adhere to 
such practices; and 
(2) consult with the Director of the Office of 
Personnel Management to ensure that such process 
is consistent with current best practices across the 
Federal Government. 
(f) APPLICABILITY OF SECTION 44936 OF TITLE 49, 
UNITED STATES CODE.—No authority or policy created 
by or issued pursuant to this section shall apply to employ-
ees or contractors of an air carrier, foreign air carrier, 
or airport operator subject to employment investigations 
pursuant to section 44936 of title 49, United States Code. 
(g) REPORTS TO CONGRESS.—Not later than 180 
days after the publication of uniform fitness standards de-
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scribed in subsection (a) and annually thereafter for four 
years, the Secretary shall submit to the Committee on 
Homeland Security and the Committee on Oversight and 
Government Reform of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a report that includes— 
(1) information relating to— 
(A) the number of deviation requests under 
subsection (b) made to the Chief Security Offi-
cer of the Department, including— 
(i) the number of deviation requests 
approved and the corresponding justifica-
tion for each such deviation from such fit-
ness standards; and 
(ii) the number of deviation requests 
denied and the corresponding justification 
for each such denial; 
(B) the number and average duration of 
Federal contractor fitness determinations for 
each component of the Department; and 
(C) the use of programs or policies that 
allow contractors to begin work prior to the 
completion of a fitness determination; 
(2) to the extent practicable, information relat-
ing to the number of individuals who, during the 
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preceding calendar year, received from the Depart-
ment, by reason of an affiliation with or membership 
in an organization dedicated to terrorism— 
(A) an unfavorable fitness determination; 
and 
(B) a favorable fitness determination; 
(3) information relating to the degree to which 
fitness determinations made by the Department and 
its components or other Federal agencies are recog-
nized on a reciprocal basis by the Department and 
its components pursuant to subsection (c)(1); 
(4) information relating to the degree to which 
suitability and fitness determinations for Federal ap-
plicants and appointees made by the Department 
and its components or other Federal agencies are 
recognized on a reciprocal basis by the Department 
and its components; and 
(5) information relating to the degree to which 
the Secretary, acting through the Chief Security Of-
ficer of the Department, uses the authority author-
ized under subsection (c)(2). 
(h) SUITABILITY STATUS UPDATES.—Not later than 
one year after the date of the enactment of this Act, the 
Chief Security Officer of the Department, in consultation 
with the Chief Human Capital Officer of the Department, 
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218 
shall develop a plan to provide suitability and fitness de-
termination status updates to Federal applicants and ap-
pointees in a manner similar to such updates provided to 
contractor representatives pursuant to subsection (d). 
(i) EXIGENT CIRCUMSTANCES FITNESS DETERMINA-
TION REVIEW.—The Chief Security Officer of the Depart-
ment may conduct an immediate review of a fitness deter-
mination of a contractor employee when such a contractor 
employee has engaged in violent acts against individuals, 
property, or public spaces based on the association of such 
a contractor employee with persons or organizations that 
advocate, threaten, or use force or violence, or any other 
illegal or unconstitutional means, in an effort to prevent 
others from exercising their rights under the Constitution 
or laws of the United States or of any State, based on 
factors including, at a minimum, race, religion, national 
origin, or disability. 
(j) NO ADDITIONAL FUNDS AUTHORIZED.—No addi-
tional funds are authorized to be obligated or expended 
to carry out this section. 
(k) DEFINITIONS.—In this section: 
(1) CONTRACTOR.—The term ‘‘contractor’’ has 
the meaning given such term in section 7101 of title 
41, United States Code. 
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(2) CONTRACTS.—The term ‘‘contracts’’ in-
cludes— 
(A) personal services contracts; 
(B) contracts between any non-Federal en-
tity and the Department; and 
(C) subcontracts between any non-Federal 
entity and another non-Federal entity to per-
form work related to the primary contract with 
the Department. 
(3) CONTRACTOR EMPLOYEE.—The term ‘‘con-
tractor employee’’ means an individual who— 
(A) performs work for, or on behalf of, any 
Federal agency under a contract; 
(B) in order to perform the work specified 
under such contract, will require access to fa-
cilities, information, information technology sys-
tems, staff, or other assets of the Department; 
and 
(C) by the nature of the access or duties 
of such individual, adversely affect the integrity 
or efficiency of the Department. 
(4) CONTRACTOR REPRESENTATIVE.—The term 
‘‘contractor representative’’ means a person em-
ployed by a contractor who is designated in writing 
by an authorized official of a contractor as respon-
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sible for managing and communicating with the De-
partment or its components on behalf of such con-
tractor on matters relating to fitness determinations, 
and is certified pursuant to subsection (e)(1) regard-
ing the adequate protection of personally identifiable 
information. 
(5) EXCEPTED SERVICE.—The term ‘‘excepted 
service’’ has the meaning given such term in section 
2103 of title 5, United States Code. 
(6) FITNESS.—The term ‘‘fitness’’ means the 
level of character and conduct necessary for an indi-
vidual to perform work for, or on behalf of, a Fed-
eral agency in the excepted service, other than a po-
sition subject to a suitability determination or as a 
nonappropriated fund instrumentality employee. 
(7) FITNESS DETERMINATION.—The term ‘‘fit-
ness determination’’ means a decision by a Federal 
agency that an individual does or does not have the 
required level of character and conduct necessary to 
perform work for or on behalf of a Federal agency 
in the excepted service, other than a position subject 
to a suitability determination, as a contractor em-
ployee, or as a nonappropriated fund instrumentality 
employee. 
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(8) INFORMATION
TECHNOLOGY.—The term 
‘‘information technology’’ has the meaning given 
such term in section 11101 of title 40, United 
States Code. 
(9) PERSONNEL
SECURITY
INVESTIGATION.— 
The term ‘‘personnel security investigation’’ has the 
meaning given such term in subsection (a) of section 
3001 of the Intelligence Reform and Terrorism Pre-
vention Act of 2004 (50 U.S.C. 3341). 
(10) SUITABILITY DETERMINATION.—The term 
‘‘suitability determination’’ has the meaning given 
such term in section 731.101 of title 5, Code of Fed-
eral Regulations. 
SEC. 412. REQUIREMENTS TO BUY CERTAIN ITEMS RE-
LATED TO NATIONAL SECURITY INTERESTS 
ACCORDING TO CERTAIN CRITERIA. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), 
as amended by this Act, is further amended by adding 
at the end the following new section: 
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‘‘SEC. 839B. REQUIREMENTS TO BUY CERTAIN ITEMS RE-
LATED TO NATIONAL SECURITY INTERESTS 
ACCORDING TO CERTAIN CRITERIA. 
‘‘(a) REQUIREMENT.—The Secretary shall ensure 
that any procurement of covered items for a frontline 
operational component satisfies the following criteria: 
‘‘(1) To the extent practicable, not less than 
one-third of funds obligated in a specific fiscal year 
for the procurement of such covered items shall be 
covered items that are manufactured in, at least in 
part, the United States by entities that qualify as 
small business concerns. 
‘‘(2) Each prime contractor, with respect to the 
procurement of such covered items shall ensure— 
‘‘(A) each first-tier subcontractor and end 
item manufacturer is in compliance with the 
Federal Acquisition Regulations; 
‘‘(B) each first-tier subcontractor and end- 
item manufacturer is in compliance with a 
standard identified by the Secretary as appro-
priate for quality, such as ISO 9001:2015 of 
the International Organization for Standardiza-
tion; and 
‘‘(C) the ability of a first-tier subcon-
tractor to fulfill the terms of the contract is 
verified. 
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‘‘(3) Each supplier of such a covered item with 
an insignia (such as any patch, badge, or emblem) 
and each supplier of such an insignia, if such cov-
ered item with such insignia or such insignia, as the 
case may be, is not produced, applied, or assembled 
in the United States, shall— 
‘‘(A) store such covered item with such in-
signia or such insignia in a locked area; 
‘‘(B) report any pilferage or theft of such 
covered item with such insignia or such insignia 
occurring at any stage before delivery of such 
covered item with such insignia or such insig-
nia; and 
‘‘(C) destroy any defective or unusable cov-
ered item with insignia or insignia in a manner 
established by the Secretary, and maintain 
records, for three years after the creation of 
such records, of such destruction that include 
the date of such destruction, a description of 
the covered item with insignia or insignia de-
stroyed, the quantity of the covered item with 
insignia or insignia destroyed, and the method 
of destruction. 
‘‘(b) PRICING.—The Secretary shall ensure that cov-
ered items are purchased at a fair and reasonable price, 
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consistent with the procedures and guidelines specified in 
the Federal Acquisition Regulation. 
‘‘(c) REPORT.—Not later than 180 days after the 
date of the enactment of this section and annually there-
after, the Secretary shall submit to the Committee on 
Homeland Security, the Committee on Oversight and Re-
form, and the Committee on Appropriations of the House 
of Representatives, and the Committee on Homeland Se-
curity and Governmental Affairs and the Committee on 
Appropriations of the Senate a report that includes infor-
mation relating to the following: 
‘‘(1) Instances in which vendors have failed to 
meet deadlines for delivery of covered items and cor-
rective actions taken by the Department in response 
to such instances. 
‘‘(2) The status of efforts to carry out para-
graph (1) of subsection (a). 
‘‘(3) A description of how the Department en-
sures the compliance of each prime contractor with 
the requirements of paragraph (2) of subsection (a) 
and any instances of non-compliance. 
‘‘(d) DETERMINATION.—If the Secretary determines 
that compliance with paragraph (1) of subsection (a) is 
impractical, the Secretary shall, not later than 15 days 
after making such determination, submit to the to the 
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Committee on Homeland Security of the House of Rep-
resentatives and Committee on Homeland Security and 
Governmental Affairs of the Senate an explanation relat-
ing to such determination and specifics with respect to the 
percentage of covered items procured by small business 
concerns. 
‘‘(e) EXCEPTION.—This section shall not apply to the 
purchase of covered items by the Department to be used 
by the Department for training purposes. 
‘‘(f) UNIFORM ALLOWANCE REPORT.— 
‘‘(1) IN GENERAL.—Not later than one year 
after the date of the enactment of this section, the 
Secretary shall submit to the appropriate congres-
sional committees a report relating to the adequacy 
of uniform allowances provided to employees of De-
partment frontline operational components. 
‘‘(2) ELEMENTS.—The report required under 
paragraph (1) shall— 
‘‘(A) be informed by a Department-wide 
survey of employees from across the Depart-
ment who received uniform allowances to iden-
tify— 
‘‘(i) improvements, if any, with re-
spect to uniform allowances; and 
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‘‘(ii) impacts, if any, on the relation-
ship between such allowances and employee 
morale and retention; and 
‘‘(B) make recommendations with respect 
to increasing uniform allowances by— 
‘‘(i) at least 25 percent for first year 
employees; and 
‘‘(ii) at least 50 percent for all other 
employees. 
‘‘(g) EFFECTIVE DATE.—This section shall apply to 
a contract entered into by the Department or any of its 
frontline operational components on the day that is 120 
days after the date of the enactment of this section. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) COVERED ITEM.—The term ‘covered item’ 
refers to any of the following with respect to a De-
partment frontline operational component: 
‘‘(A) Body armor components intended to 
provide ballistic protection for an individual, 
consisting of— 
‘‘(i) soft ballistic panels; 
‘‘(ii) hard ballistic plates; 
‘‘(iii) concealed armor carriers worn 
under a uniform; and 
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‘‘(iv) external armor carriers worn 
over a uniform. 
‘‘(B) Helmets that provide ballistic protec-
tion and other head protection and components. 
‘‘(C) Protective eyewear. 
‘‘(D) Rain gear, cold weather gear, other 
environmental and flame-resistant clothing. 
‘‘(E) Footwear. 
‘‘(F) Uniforms. 
‘‘(G) Bags and packs. 
‘‘(H) Holsters and tactical pouches. 
‘‘(I) Patches, insignia, and embellishments. 
‘‘(J) Respiratory or medical-grade protec-
tive masks. 
‘‘(K) Chemical, biological, radiological, and 
nuclear protective gear. 
‘‘(L) Hearing protection equipment. 
‘‘(M) Any other item or personal protective 
equipment as determined appropriate by the 
Secretary. 
‘‘(2) DEPARTMENT
FRONTLINE
OPERATIONAL 
COMPONENT.—The term ‘Department frontline oper-
ational component’ refers to any of the following 
components of the Department: 
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‘‘(A) The Cybersecurity and Infrastructure 
Security Agency. 
‘‘(B) The Federal Emergency Management 
Agency. 
‘‘(C) The Federal Law Enforcement Train-
ing Centers. 
‘‘(D) The Federal Protective Service. 
‘‘(E) The Transportation Security Admin-
istration. 
‘‘(F) The United States Secret Service. 
‘‘(G) U.S. Customs and Border Protection. 
‘‘(H) U.S. Immigration and Customs En-
forcement. 
‘‘(3) SMALL
BUSINESS
CONCERN.—The term 
‘small business concern’ has the meaning given the 
term in section 3(a) of the Small Business Act (15 
U.S.C. 632(a)).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by this Act, is further amended by inserting after 
the item relating to section 839A the following new item: 
‘‘Sec. 839B. Requirements to buy certain items related to national security in-
terests according to certain criteria.’’. 
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SEC. 413. PROHIBITION ON OPERATION OR PROCUREMENT 
OF FOREIGN-MADE UNMANNED AIRCRAFT 
SYSTEMS. 
(a) IN GENERAL.—The Secretary may not operate, 
provide financial assistance for, or enter into or renew a 
contract for the procurement of— 
(1) a covered unmanned aircraft system; or 
(2) a system manufactured in a covered foreign 
country or by a covered foreign entity to detect or 
identify unmanned aircraft systems. 
(b) WAIVER.—The Secretary may waive the prohibi-
tion under subsection (a), on a case by case basis, by certi-
fying, in writing, to the Committee on Homeland Security 
of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate that such a waiver is required— 
(1) in the national interest of the United 
States; 
(2) for counter-unmanned aircraft system sur-
rogate testing and training; or 
(3) for intelligence, electronic warfare, or infor-
mation warfare operations, testing, analysis, and or 
training. 
(c) DEFINITIONS.—In this section: 
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(1) COVERED
FOREIGN
ENTITY.—The term 
‘‘covered foreign entity’’ means an entity located or 
incorporated in a covered foreign country. 
(2) COVERED FOREIGN COUNTRY.—The term 
‘‘covered foreign country’’ means a country des-
ignated as a strategic competitor in the ‘‘Summary 
of the 2018 National Defense Strategy of the United 
States of America: Sharpening the American Mili-
tary’s Competitive Edge’’ issued by the Department 
of Defense pursuant to section 113 of title 10, 
United States Code. 
(3) COVERED UNMANNED AIRCRAFT SYSTEM.— 
The term ‘‘covered unmanned aircraft system’’ 
means an unmanned aircraft system that— 
(A) is manufactured in a covered foreign 
country or by a covered foreign entity; 
(B) uses flight controllers, radios, data 
transmission devices, cameras, or gimbals man-
ufactured by such a country or such an entity; 
(C) uses a ground control system or oper-
ating software developed in such a country or 
by such an entity; or 
(D) uses network connectivity or data stor-
age located in such a country or administered 
by such an entity. 
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(4) UNMANNED AIRCRAFT SYSTEM.—The term 
‘‘unmanned aircraft system’’ has the meaning given 
such term in section 44801 of title 49, United 
States Code. 
SEC. 414. HISTORICALLY BLACK COLLEGES AND UNIVER-
SITIES (HBCUS) HOMELAND SECURITY PART-
NERSHIPS. 
(a) DEPARTMENT-WIDE STRATEGY FOR ENHANCED 
PARTNERSHIPS WITH HISTORICALLY BLACK COLLEGES 
AND UNIVERSITIES
AND MINORITY-SERVING INSTITU-
TIONS.—Not later than 90 days after the date of the en-
actment of this Act, the Secretary, acting through the 
Under Secretary for Strategy, Policy, and Plans of the De-
partment, shall— 
(1) issue a Department-wide strategy to en-
hance partnerships with historically Black colleges 
and universities and minority-serving institutions 
that includes yearly goals, including goals related to 
improving recruitment and hiring, research and de-
velopment, and acquisition opportunities at such in-
stitutions, through fiscal year 2026; and 
(2) require the head of each component of the 
Department to— 
(A) not later than 150 days after the date 
of the issuance under paragraph (1) of the De-
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partment-wide strategy, develop a component- 
specific action plan to implement such strategy; 
(B) monitor progress on such implementa-
tion; and 
(C) not later than one year after the date 
of such issuance, report to the Secretary re-
garding progress on such implementation. 
(b) ENHANCEMENT OF RESEARCH AND DEVELOP-
MENT PARTNERSHIPS.—The Secretary shall seek to en-
hance partnerships with historically Black colleges and 
universities and minority-serving institutions with respect 
to administering the research and development activities 
of the Department by, among other things— 
(1) encouraging the participation of such col-
leges, universities, and institutions in the research, 
development, testing, and evaluation programs and 
activities of the Department; 
(2) facilitating partnerships between such col-
leges, universities, and institutions and private sec-
tor stakeholders, national laboratories, and other 
academic institutions in areas important to home-
land security, including cybersecurity, emergency 
management, and counterterrorism; and 
(3) distributing funds through Science and 
Technology Directorate grants, cooperative agree-
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ments, and contracts to such colleges, universities, 
and institutions for enhancements in areas impor-
tant to homeland security, including cybersecurity, 
emergency management, and counterterrorism. 
(c) CAREER OPPORTUNITIES PARTNERSHIPS.—Not 
later than 120 days after the date of the enactment of 
this Act, the Secretary, acting through the Chief Human 
Capitol Officer of the Department, shall make available 
to historically Black colleges and universities and minor-
ity-serving institutions a current list of internship, fellow-
ship, scholarship, and recruitment opportunities within the 
Department for students and recent graduates of such col-
leges, universities, and institutions. 
(d) ACQUISITION PARTNERSHIPS.—Not later than 
120 days after the date of the enactment of this Act, the 
Secretary, acting through the Chief Procurement Officer 
of the Department, shall— 
(1) identify how to increase the participation of 
historically Black colleges and universities and mi-
nority-serving institutions in Department acquisi-
tions, including identifying existing opportunities for 
historically Black colleges and universities and mi-
nority-serving institutions to participate in the con-
tracting program of the Small Business Administra-
tion for minorities; and 
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(2) disseminate to such colleges, universities, 
and institutions— 
(A) information identified in accordance 
with paragraph (1); and 
(B) current and future opportunities to 
participate in Department acquisitions. 
(e) ANNUAL REPORT.— 
(1) IN
GENERAL.—Not later than one year 
after enactment of this Act and annually thereafter 
through 2026, the Secretary shall submit to the 
Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate a 
report on the efforts of the Department to partner 
with historically Black colleges and universities and 
minority-serving institutions to carry out this sec-
tion. 
(2) REPORTING REQUIREMENTS.—The annual 
reports required under subsection (a) shall include 
the following: 
(A) A list of awards, including the cor-
responding monetary value for each such 
award, to historically Black colleges and univer-
sities 
and 
minority-serving 
institutions, 
disaggregated by grant, contract, cooperative 
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agreement, and other research development test 
and evaluation activity, initiative, and program. 
(B) A description of how the Department 
is partnering with historically Black colleges 
and universities and minority-serving institu-
tions under the partnerships, programs, and ac-
tivities referred to in subsections (b), (c), and 
(d), and how such partnerships, programs, and 
activities have helped such colleges, universities, 
and institutions participate in acquisitions with 
the Department. 
(C) A summary of outreach efforts to his-
torically Black colleges and universities and mi-
nority-serving institutions, and an identification 
of any Department programs and initiatives in 
which such colleges, universities, and institu-
tions are under-represented among institutions 
of higher education. 
(D) A description of the status of efforts 
made by the Department pursuant to sub-
sections (a) through (d), including— 
(i) for subsection (a), Department- 
wide goals pursuant to the Department- 
wide strategy to enhance partnerships with 
historically Black colleges and universities 
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and minority-serving institutions under 
such subsection, and the status of efforts 
to implement action plans throughout the 
Department to carry out such strategy; 
and 
(ii) for subsection (c), participation 
rates in each internship, fellowship, schol-
arship, and recruitment opportunity re-
ferred to in such subsection, listed by his-
torically Black college and university and 
minority-serving 
institution 
so 
partici-
pating. 
(E) A list of memoranda of understanding 
entered into by the Department with histori-
cally Black colleges and universities and minor-
ity-serving institutions and information on the 
parties and scope of each such memorandum of 
understanding. 
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TITLE V—OTHER REFORMS 
Subtitle A—Frontline Operational 
Reforms 
SEC. 501. LIMITATIONS RELATING TO SECRETARIAL AU-
THORITIES ASSOCIATED WITH THE PROTEC-
TION OF PUBLIC PROPERTY. 
Section 1315 of title 40, United States Code, is 
amended— 
(1) in subsection (b)(1)— 
(A) by striking ‘‘of the Department of 
Homeland Security, including employees trans-
ferred to the Department’’ and insert ‘‘trans-
ferred to the Department’’; and 
(B) by striking ‘‘2002,’’ and inserting 
‘‘2002’’; 
(2) in subsection (b)(2)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘While engaged in the perform-
ance of official duties,’’ and inserting ‘‘To the 
extent necessary to protect the property de-
scribed in subsection (a) and persons on such 
property,’’; 
(B) in subparagraph (B) by striking ‘‘fire-
arms’’ and inserting ‘‘a firearm’’; 
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(C) in subparagraph (C) by striking ‘‘if the 
officer or agent has reasonable grounds to be-
lieve that the person to be arrested has com-
mitted or is committing a felony;’’ and inserting 
the following: ‘‘if— 
‘‘(i) the officer or agent has probable 
cause to believe that the person to be ar-
rested has committed, is committing, or is 
about to commit a felony on or related to 
property owned or occupied by the Federal 
Government; 
‘‘(ii) the arrest— 
‘‘(I) occurs on the Federal prop-
erty or an area in the immediate vi-
cinity of the property and does not ex-
tend beyond any adjacent sidewalk, 
public street, or other adjacent areas; 
‘‘(II) in the case of an agreement 
under subsection (e), occurs in an 
area in which arrests are permitted 
under the parameters established in 
such agreement; or 
‘‘(III) is carried out in an area 
not covered under subclause (I) or 
(II) only if— 
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