section (e)(1) access to information regarding the sta-
tus 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, ad-
judication, and determination processing times for 
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 Secretary 
of Homeland Security, acting through the Chief Security 
Officer of the Department of Homeland Security, shall— 
(1) certify that each contractor representative re-
ceiving information from such process has received in-
formation regarding practices relating to the adequate 
protection of personally identifiable information and 
has acknowledged in writing to adhere to such prac-
tices; and 
(2) consult with the Director of the Office of Per-
sonnel Management to ensure that such process is 
consistent with current best practices across the Fed-
eral Government. 
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(f) APPLICABILITY OF SECTION 44936 OF TITLE 49, 
UNITED STATES CODE.—No authority or policy created by 
or issued pursuant to this section shall apply to employees 
or contractors of an air carrier, foreign air carrier, or air-
port operator subject to employment investigations pursu-
ant to section 44936 of title 49, United States Code. 
(g) REPORTS TO CONGRESS.—Not later than 180 days 
after the publication of uniform fitness standards described 
in subsection (a) and annually thereafter for four years, 
the Secretary of Homeland Security shall submit to the 
Committee on Homeland Security and the Committee on 
Oversight and Government Reform of the House of Rep-
resentatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report containing— 
(1) the number of deviation requests under sub-
section (b) made to the Chief Security Officer of the 
Department of Homeland Security, including— 
(A) the number of deviation requests ap-
proved and the corresponding justification for 
each such deviation from such fitness standards; 
and 
(B) the number of deviation requests denied 
and the corresponding justification for each such 
denial; 
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(2) information regarding the number and aver-
age duration of Federal contractor fitness determina-
tions for each component of the Department; 
(3) information regarding the use of programs or 
policies that allow contractors to begin work prior to 
the completion of a fitness determination; 
(4) to the extent practicable, the number of indi-
viduals who, during the preceding calendar year, re-
ceived an unfavorable fitness determination from the 
Department by reason of an affiliation with or mem-
bership in an organization dedicated to terrorism; 
(5) to the extent practicable, the number of indi-
viduals who, during the preceding calendar year, re-
ceived a favorable fitness determination from the De-
partment despite an affiliation with or membership 
in an organization dedicated to terrorism; 
(6) information regarding the degree to which 
fitness determinations made by the Department and 
its components or other Federal agencies are recog-
nized on a reciprocal basis by the Department and its 
components pursuant to subsection (c)(1); 
(7) information regarding the degree to which 
suitability and fitness determinations for Federal ap-
plicants and appointees made by the Department and 
its components or other Federal agencies are recog-
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nized on a reciprocal basis by the Department and its 
components; and 
(8) information regarding the degree to which 
the Secretary, acting through the Chief Security Offi-
cer of the Department, uses the authority under sub-
section (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 of Homeland Se-
curity, in consultation with the Chief Human Capital Offi-
cer of the Department, shall develop a plan to provide Fed-
eral applicants and appointees with suitability and fitness 
determination status updates similar to updates provided 
to contractor representatives under subsection (d). 
(i) EXIGENT CIRCUMSTANCES FITNESS DETERMINA-
TION REVIEW.—The Chief Security Officer of the Depart-
ment of Homeland Security may conduct an immediate re-
view of a contractor employee’s fitness determination when 
a contractor employee has engaged in violent acts against 
individuals, property, or public spaces based on the con-
tractor employee’s association with persons or organizations 
that advocate, threaten, or use force or violence, or any other 
illegal or unconstitutional means, in an effort to prevent 
others from exercising their rights under the Constitution 
or laws of the United States or of any State, based on fac-
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tors including, at a minimum, race, religion, national ori-
gin, or disability. 
(j) NO ADDITIONAL FUNDS AUTHORIZED.—No addi-
tional funds are authorized to be appropriated to carry out 
this Act. This Act shall be carried out using amounts other-
wise appropriated. 
(k) DEFINITIONS.—In this section: 
(1) CONTRACTOR.—The term ‘‘contractor’’ has 
the meaning given such term in section 7101 of title 
41, United States Code. 
(2) CONTRACTOR
EMPLOYEE.—The term ‘‘con-
tractor employee’’ means an individual who performs 
work for or on behalf of any Federal agency under a 
contract and who, in order to perform the work speci-
fied under such contract, will require access to facili-
ties, information, information technology systems, 
staff, or other assets of the Department of Homeland 
Security, and who could, by the nature of the access 
or duties of such individual, adversely affect the in-
tegrity or efficiency of the Department. Such con-
tracts include the following: 
(A) Personal services contracts. 
(B) Contracts between any non-Federal en-
tity and the Department. 
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