183 
‘‘SEC. 836. TECHNICAL SUPPORT OFFICES. 
‘‘(a) OFFICE OF TEST AND EVALUATION.— 
‘‘(1) ESTABLISHMENT OF OFFICE.—Within the 
Department, there shall be an Office of Test and 
Evaluation to— 
‘‘(A) provide test and evaluation support 
across the Department; and 
‘‘(B) serve as the liaison with other Fed-
eral agencies, foreign, Tribal, State, and local 
governments; the private sector; educational in-
stitutions; and other entities with regards to 
test and evaluation matters. 
‘‘(2) RESPONSIBILITIES
OF
DIRECTOR.—The 
Office of Test and Evaluation shall be led by a Di-
rector to oversee the requirements specified in para-
graph (1) and to carry out the following responsibil-
ities: 
‘‘(A) Establish and update as necessary 
test and evaluation policies, procedures, and 
guidance for the Department. 
‘‘(B) Ensure, in coordination with relevant 
component heads, that major acquisition pro-
grams— 
‘‘(i) complete reviews of operational 
requirements to ensure the requirements 
are informed by threats, including physical 
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and cyber threats, and are measurable, 
testable, and achievable within the con-
straints of cost and schedule; 
‘‘(ii) complete independent testing and 
evaluation of technologies and systems 
throughout development; 
‘‘(iii) complete operational testing and 
evaluation that includes all system compo-
nents and incorporates operators into the 
testing to ensure that systems meet the 
mission need as intended in the appro-
priate operational setting; 
‘‘(iv) use independent verification and 
validation of test and evaluation implemen-
tation and results, as appropriate; and 
‘‘(v) document whether such programs 
meet all operational requirements. 
‘‘(C) Provide oversight of test and evalua-
tion for the Department’s major acquisition 
programs throughout the acquisition life cycle 
by— 
‘‘(i) approving program test and eval-
uation master plans, plans for individual 
test and evaluation events, and other re-
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lated documentation, as deemed appro-
priate by the Director; 
‘‘(ii) approving the independent test 
and evaluation agent or third-party tester 
selected for each program; and 
‘‘(iii) providing an independent assess-
ment to the acquisition decision authority 
that assesses a program’s progress in 
meeting 
operational 
requirements 
and 
operational effectiveness, suitability, and 
resilience to inform production and deploy-
ment decisions. 
‘‘(D) Determine if testing conducted by 
other Federal departments and agencies, pri-
vate or third-party entities, and educational in-
stitutions is relevant and sufficient in deter-
mining whether systems perform as intended. 
‘‘(3) ANNUAL REPORT.—Within one year of the 
date of enactment of this Act, and each year there-
after, the Director of the Office of Test and Evalua-
tion shall prepare a report summarizing the test and 
evaluation activities of the Department’s major ac-
quisition programs during the preceding fiscal year. 
Each report shall be submitted in unclassified form 
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but may include a classified annex. Each report 
shall— 
‘‘(A) be submitted concurrently to the Sec-
retary, Under Secretary for Management, the 
component heads, and the congressional home-
land security committees (as such term is de-
fined in section 830); 
‘‘(B) summarize the adequacy of any test 
and evaluation activities conducted for each 
major acquisition program in the fiscal year, in-
cluding the assessment of results in dem-
onstrating progress against program oper-
ational requirements and determination of oper-
ational effectiveness, suitability, and resilience; 
‘‘(C) assess the waivers of and deviations 
from program test and evaluation plans that oc-
curred during the fiscal year, any concerns 
raised by the waivers or deviations, and the ac-
tions that have been taken or are planned to be 
taken to address the concerns; and 
‘‘(D) include any other comments and rec-
ommendations deemed appropriate, including 
comments and recommendations on resources 
and facilities available for test and evaluation 
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and levels of funding made available for test 
and evaluation activities. 
‘‘(b) OFFICE
OF
SYSTEMS
ENGINEERING
AND 
STANDARDS.— 
‘‘(1) ESTABLISHMENT OF OFFICE.—Within the 
Department, there shall be an Office of Systems En-
gineering and Standards to— 
‘‘(A) provide systems engineering, stand-
ards, and human systems integration support 
across the Department; and 
‘‘(B) serve as the liaison with other Fed-
eral agencies, foreign, Tribal, State, and local 
governments; the private sector; educational in-
stitutions; and other entities with regards to 
systems engineering, standards, and human 
systems integration matters. 
‘‘(2) RESPONSIBILITIES
OF
DIRECTOR.—The 
Office of Systems Engineering and Standards shall 
be led by a Director to oversee the requirements 
specified in subsection (1) and to carry out the fol-
lowing responsibilities: 
‘‘(A) Establish and update as necessary 
systems engineering, standards, and human 
systems integration policies, procedures, and 
guidance for the Department. 
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‘‘(B) Ensure, in coordination with relevant 
component heads, that major acquisition pro-
grams— 
‘‘(i) integrate applicable standards 
into development specifications; and 
‘‘(ii) complete systems engineering re-
views and technical assessments during de-
velopment to inform production and de-
ployment decisions. 
‘‘(C) Provide oversight of systems engi-
neering, standards, and human systems integra-
tion for the Department’s major acquisition 
programs throughout the acquisition life cycle 
by— 
‘‘(i) approving program systems engi-
neering lifecycle tailoring plans; and 
‘‘(ii) providing independent assess-
ments, in coordination with the Office of 
the Chief Information Officer as appro-
priate, of a program’s technical approach, 
and any significant changes to the tech-
nical approach, to inform key acquisition 
decisions, such as initiating development; 
and 
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‘‘(iii) participating in program sys-
tems engineering lifecycle technical re-
views.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
further amended by inserting after the item relating to 
section 835, as added by this Act, the following new items: 
‘‘Sec. 836. Technical support offices.’’. 
SEC. 304. ACQUISITION AUTHORITIES FOR UNDER SEC-
RETARY FOR MANAGEMENT. 
Section 701 of the Homeland Security Act of 2002 
(6 U.S.C. 341) is amended by— 
(1) in subsection (a)(2), inserting ‘‘and acquisi-
tion management’’ after ‘‘procurement’’; 
(2) redesignating subsection (d), the first sub-
section (e) (relating to the system for award man-
agement consultation), and the second subsection (e) 
(relating to the definition of interoperable commu-
nications) as subsections (e), (f), and (g), respec-
tively; and 
(3) inserting after subsection (c) the following 
new subsection: 
‘‘(d) ACQUISITION
AND
RELATED
RESPONSIBIL-
ITIES.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
1702(a) of title 41, United States Code, the Under 
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Secretary for Management is the Chief Acquisition 
Officer of the Department. As Chief Acquisition Of-
ficer, the Under Secretary shall have the authorities 
and perform the functions specified in such section 
1702(b), and perform all other functions and re-
sponsibilities delegated by the Secretary or described 
in this subsection. 
‘‘(2) FUNCTIONS
AND
RESPONSIBILITIES.—In 
addition to the authorities and functions specified in 
section 1702(b) of title 41, United States Code, the 
functions and responsibilities of the Under Secretary 
for Management related to acquisition (as such term 
is defined in section 830) include the following: 
‘‘(A) Advising the Secretary regarding ac-
quisition management activities, taking into ac-
count risks of failure to achieve cost, schedule, 
or performance parameters, to ensure that the 
Department achieves its mission through the 
adoption of widely accepted program manage-
ment best practices (as such term is defined in 
section 830) and standards and, where appro-
priate, acquisition innovation best practices. 
‘‘(B) Leading the Department’s acquisition 
oversight body, the Acquisition Review Board, 
and synchronizing interagency coordination re-
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garding the Department’s acquisition programs 
and acquisition management efforts. 
‘‘(C) Exercising the acquisition decision 
authority (as such term is defined in section 
830) to approve, pause, modify (including the 
rescission of approvals of program milestones), 
or cancel major acquisition programs (as such 
term is defined in section 830), unless the 
Under Secretary delegates such authority to a 
Component Acquisition Executive (as such term 
is defined in section 830) pursuant to para-
graph (3). 
‘‘(D) Providing additional scrutiny and 
oversight for an acquisition that is not a major 
acquisition if— 
‘‘(i) the acquisition is for a program 
that is important to departmental strategic 
and performance plans; 
‘‘(ii) the acquisition is for a program 
with significant program or policy implica-
tions; and 
‘‘(iii) the Secretary determines that 
such scrutiny and oversight for the acquisi-
tion is proper and necessary. 
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‘‘(E) Establishing policies for acquisition 
that implement an approach that takes into ac-
count risks of failure to achieve cost, schedule, 
or performance parameters that all components 
of the Department shall comply with, including 
outlining relevant authorities for program man-
agers to effectively manage acquisition pro-
grams (as such term is defined in section 830). 
‘‘(F) Ensuring that each major acquisition 
program has a Department-approved acquisi-
tion program baseline (as such term is defined 
in section 830), pursuant to the Department’s 
acquisition management policy, that is traceable 
to the program’s life cycle cost estimate, inte-
grated master schedule, and operational re-
quirements. 
‘‘(G) Assisting the heads of components 
and Component Acquisition Executives in ef-
forts to comply with Federal law, the Federal 
Acquisition Regulation, and Department acqui-
sition management directives. 
‘‘(H) Ensuring that contracts, grants, and 
financial assistance are provided only to individ-
uals and organizations that are not suspended 
or debarred. 
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‘‘(I) Distributing guidance throughout the 
Department to ensure that contractors involved 
in acquisitions, particularly contractors that ac-
cess the Department’s information systems and 
technologies, adhere to relevant Department 
policies related to physical and information se-
curity as identified by the Under Secretary for 
Management. 
‘‘(J) Overseeing the Component Acquisi-
tion Executive organizational structure to en-
sure Component Acquisition Executives have 
sufficient capabilities and comply with Depart-
ment acquisition policies. 
‘‘(K) Developing and managing a highly 
skilled professional acquisition workforce that 
has the technical expertise and business skills 
to ensure the Department acquires goods and 
services to meet mission needs at the best value 
for the expenditure of public resources. 
‘‘(3) DELEGATION
OF
CERTAIN
ACQUISITION 
DECISION
AUTHORITY.—The Under Secretary for 
Management may delegate acquisition decision au-
thority in writing to the relevant Component Acqui-
sition Executive for a major capital asset, services, 
or hybrid acquisition program that has a life cycle 
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cost estimate of at least $300,000,000 but not more 
than $1,000,000,000 if all of the following require-
ments are met: 
‘‘(A) The component concerned possesses 
working policies, processes, and procedures that 
are consistent with Department-level acquisition 
policy. 
‘‘(B) The Component Acquisition Execu-
tive concerned has adequate, experienced, and 
dedicated professional employees with program 
management training, as applicable, commensu-
rate with the size of the acquisition programs 
and related activities delegated to such Compo-
nent Acquisition Executive by the Under Sec-
retary for Management. 
‘‘(C) Each major acquisition program con-
cerned has written documentation showing that 
it has a Department-approved acquisition pro-
gram baseline and it is meeting agreed-upon 
cost, schedule, and performance thresholds. 
‘‘(4) RELATIONSHIP
TO
UNDER
SECRETARY 
FOR SCIENCE AND TECHNOLOGY.—The Under Sec-
retary for Management and the Under Secretary for 
Science and Technology shall cooperate in matters 
related to the coordination of acquisitions across the 
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Department so that investments of the Directorate 
of Science and Technology are able to support cur-
rent and future requirements of the components of 
the Department. Nothing in this subsection shall di-
minish the authority granted to the Under Secretary 
for Science and Technology under this Act.’’. 
SEC. 305. ACQUISITION AUTHORITIES FOR UNDER SEC-
RETARY FOR STRATEGY, POLICY, AND PLANS. 
Subsection (c) of section 709 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 349) is amended by— 
(1) redesignating paragraphs (4) through (7) as 
(5) through (8), respectively; and 
(2) inserting after paragraph (3) the following 
new paragraph: 
‘‘(4) ensure acquisition programs (as such term 
is defined in section 830) support the DHS Quad-
rennial Homeland Security Review Report, the DHS 
Strategic Plan, the DHS Strategic Priorities, and 
other appropriate successor documents;’’. 
SEC. 306. ACQUISITION AUTHORITIES FOR CHIEF INFORMA-
TION OFFICER. 
Section 703 of the Homeland Security Act of 2002 
(6 U.S.C. 343) is amended— 
(1) by redesignating subsection (b) as sub-
section (c); and 
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(2) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b) ACQUISITION RESPONSIBILITIES.—In addition 
to the responsibilities specified in section 11315 of title 
40, United States Code, the acquisition responsibilities of 
the Chief Information Officer, in consultation with the 
Under Secretary for Management, shall include the fol-
lowing: 
‘‘(1) Overseeing the management of the Home-
land Security Enterprise Architecture and ensuring 
that, before each acquisition decision event (as such 
term is defined in section 830), information tech-
nology aspects of acquisition programs comply with 
any departmental information technology manage-
ment requirements, security protocols, and the 
Homeland Security Enterprise Architecture, and in 
any case in which information technology aspects of 
acquisitions do not comply with the Department’s 
management directives, making recommendations to 
the Department’s Acquisition Review Board regard-
ing such noncompliance. 
‘‘(2) Providing recommendations to the Acquisi-
tion Review Board regarding information technology 
programs, and developing information technology ac-
quisition strategic guidance.’’. 
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Subtitle B—Requirements and 
Oversight 
SEC. 321. ACQUISITION DOCUMENTATION. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 837. ACQUISITION DOCUMENTATION. 
‘‘(a) IN GENERAL.—For each major acquisition pro-
gram, the Secretary, acting through the Under Secretary 
for Management, shall require the head of a relevant com-
ponent or office to— 
‘‘(1) maintain acquisition documentation that is 
complete, accurate, timely, and valid, and that in-
cludes, at a minimum— 
‘‘(A) operational requirements that are 
validated consistent with departmental policy; 
‘‘(B) a complete life cycle cost estimate 
with supporting documentation; 
‘‘(C) verification of such life cycle cost 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 they are disposed of or retired; and 
‘‘(I) an acquisition program baseline (as 
such term is defined in section 830) that is 
traceable to the program’s operational require-
ments required under (a), life cycle cost esti-
mate required under (b), and integrated master 
schedule required under (e); 
‘‘(2) prepare cost estimates and schedules for 
major acquisition programs, as required under sub-
paragraphs (B) and (E), in a manner consistent 
with best practices as identified by the Comptroller 
General of the United States; 
‘‘(3) ensure any revisions to the acquisition doc-
umentation maintained pursuant to subsection 
(a)(1) are reviewed and approved in accordance with 
departmental policy; and 
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‘‘(4) submit certain acquisition documentation 
to the Under Secretary for Management to inform 
submission to Congress of an annual progress report 
on the Department’s acquisitions as required by sec-
tion 840 of the Homeland Security Act of 2002 as 
amended. 
‘‘(b) WAIVER.—On a case-by-case basis with respect 
to any major acquisition program under this section, the 
Secretary may waive the requirement under paragraph (4) 
of subsection (a) for a fiscal year if either— 
‘‘(1) such program has not— 
‘‘(A) entered the full rate production phase 
in the acquisition lifecycle; 
‘‘(B) had a reasonable cost estimate estab-
lished; and 
‘‘(C) had a system configuration defined 
fully; or 
‘‘(2) such program does not meet the definition 
of capital asset, as such term is defined by the Di-
rector of the Office of Management and Budget. 
‘‘(c) CONGRESSIONAL OVERSIGHT.—At the same 
time the President’s budget is submitted for a fiscal year 
under section 1105(a) of title 31, United States Code, the 
Secretary shall make information available, as applicable, 
to the Committee on Homeland Security of the House of 
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Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate regarding the re-
quirement described in subsection (a) in the prior fiscal 
year that includes the following specific information re-
garding each major acquisition program for which the Sec-
retary has issued a waiver under subsection (b): 
‘‘(1) The grounds for granting a waiver for 
such program. 
‘‘(2) The projected cost of such program. 
‘‘(3) The proportion of a component’s or office’s 
annual acquisition budget attributed to such pro-
gram, as available. 
‘‘(4) Information on the significance of such 
program with respect to the component’s or office’s 
operations and execution of its mission. 
‘‘(d) MAJOR ACQUISITION PROGRAM DEFINED.—In 
this section, the term ‘major acquisition program’ means 
a Department capital asset, services, or hybrid acquisition 
program that is estimated by the Secretary to require an 
eventual total expenditure of at least $300 million (based 
on fiscal year 2020 constant dollars) over its lifecycle or 
a program identified by the Chief Acquisition Officer as 
a program of special interest.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 (6 
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U.S.C. 101 et seq.) is further amended by adding after 
the item relating to section 836 the following new item: 
‘‘Sec. 837. Acquisition documentation.’’. 
SEC. 322. ACQUISITION REVIEW BOARD. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 838. ACQUISITION REVIEW BOARD. 
‘‘(a) IN GENERAL.—The Secretary shall establish an 
Acquisition Review Board (in this section referred to as 
the ‘Board’) to— 
‘‘(1) strengthen accountability and uniformity 
within the Department acquisition review process; 
‘‘(2) review acquisition programs; and 
‘‘(3) review the use of best practices. 
‘‘(b) COMPOSITION.— 
‘‘(1) CHAIR.—The Under Secretary for Man-
agement shall serve as chair of the Board. 
‘‘(2) PARTICIPATION.—The Secretary shall en-
sure participation by other relevant Department offi-
cials with responsibilities related to acquisitions as 
permanent members of the Board. 
‘‘(3) OVERSIGHT.—The Under Secretary for 
Management shall designate a full time employee of 
the Department to oversee the operations of the 
Board. 
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‘‘(c) MEETINGS.—The Board shall meet regularly for 
purposes of ensuring all acquisitions processes proceed in 
a timely fashion to achieve mission readiness. The Board 
shall convene at the Secretary’s discretion and at any 
time— 
‘‘(1) a new acquisition program is initiated; 
‘‘(2) a major acquisition program— 
‘‘(A) requires authorization to proceed 
from one acquisition decision event to another 
throughout the acquisition life cycle; 
‘‘(B) is in breach (as such term is defined 
in section 830); or 
‘‘(C) requires additional review, as 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. 
‘‘(d) 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 
expenditure to meet the mission need over the acqui-
sition’s life cycle regardless of funding source. 
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‘‘(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 a proposed acquisition’s 
business strategy, resources, management, and ac-
countability is executable and is aligned to strategic 
initiatives. 
‘‘(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. 
‘‘(7) Ensure that practices are adopted and im-
plemented to require consideration of trade-offs 
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among cost, schedule, and performance objectives as 
part of the process for developing requirements for 
major acquisition programs prior to the initiation of 
the second acquisition decision event, including, at a 
minimum, the following practices: 
‘‘(A) Department officials responsible for 
acquisition, budget, and cost estimating func-
tions are provided with the appropriate oppor-
tunity to develop estimates and raise cost and 
schedule matters before performance objectives 
are established for capabilities when feasible. 
‘‘(B) Full consideration is given to possible 
trade-offs among cost, schedule, and perform-
ance objectives for each alternative. 
‘‘(e) DOCUMENTATION AND REPORTING.—The chair 
of the Board shall— 
‘‘(1) ensure that all activities and decisions 
made pursuant to the Board’s responsibilities in 
subsection (d) are documented in acquisition deci-
sion memorandum that includes, at a minimum— 
‘‘(A) a summary of the Board’s activity or 
purpose for convening; 
‘‘(B) the decision resulting from the 
Board’s activity; 
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‘‘(C) the rationale for the decision, includ-
ing justification for any decisions made to allow 
acquisition programs to deviate from the De-
partment’s acquisition management policy; and 
‘‘(D) any assigned items for further action; 
and 
‘‘(2) within 7 days after the acquisition decision 
memorandum is signed, submit a copy of the memo-
randum to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 (6 
U.S.C. 101 et seq.) is further amended by adding after 
the item relating to section 837 the following new item: 
‘‘Sec. 838. Acquisition Review Board.’’. 
SEC. 323. SUSPENSION AND DEBARMENT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a suspension and debarment program that ensures the De-
partment and each of the components of the Department 
comply with the laws, regulations, and guidance related 
to the suspension, debarment, and ineligibility of contrac-
tors. 
(b) REQUIREMENTS.—The program required to be 
established under subsection (a) shall— 
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databases by the suspension and debarment of-
ficials to capture suspension and debarment ac-
tivities, document justifications for decisions, or 
other relevant information; 
(E) issuing guidance to implement these 
policies that is regularly updated and includes 
definitions for all relevant terms related to the 
program; and 
(F) timely implementation of agreed upon 
recommendations from the Inspector General of 
the Department or the Comptroller General of 
the United States. 
(c) INSPECTOR GENERAL REVIEW.—Beginning one 
year after the date of enactment of this Act, and every 
three years thereafter, the Inspector General of the De-
partment of Homeland Security shall— 
(1) conduct audits regarding grant and pro-
curement awards to identify instances in which a 
contract or grant was improperly awarded to a sus-
pended or debarred entity and whether corrective ac-
tions were taken to prevent recurrence; and 
(2) review the suspension and debarment pro-
gram throughout the Department to assess whether 
suspension and debarment criteria are consistently 
applied throughout the Department and whether dis-
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parities exist in the application of such criteria, par-
ticularly with respect to business size and categories. 
(d) DEFINITIONS.—In this section— 
(1) the term ‘‘congressional homeland security 
committees’’ has the meaning given the term in sec-
tion 2 of the Homeland Security Act of 2002, as 
amended by this Act; 
(2) the term ‘‘Department’’ means the Depart-
ment of Homeland Security; and 
(3) the term ‘‘Secretary’’ means the Secretary 
of Homeland Security. 
SEC. 324. 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 oper-
ational component meets the following criteria: 
(1) To the maximum extent possible, not less 
than one-third of funds obligated in a specific fiscal 
year for the procurement of such covered items shall 
be covered items that are manufactured in part or 
provided in the United States by entities that qualify 
as small business concerns (as such term is de-
scribed under section 3 of the Small Business Act 
(15 U.S.C. 632)). 
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(2) Each prime contractor, with respect to the 
procurement of such covered items, shall ensure, to 
the maximum extent practicable, the following: 
(A) Each first-tier subcontractor and end 
item manufacturer complies with the contractor 
code of business ethics and conduct under sec-
tion 3509 of title 41, United States Code, and 
the Federal Acquisition Regulation. 
(B) Each first-tier subcontractor and end- 
item manufacturer is in compliance with a 
standard identified by the Secretary as appro-
priate for quality, such as ISO 9001:2015 of 
the International Organization for Standardiza-
tion. 
(C) The ability of a first-tier subcontractor 
to fulfill the terms of the contract is verified. 
(3) Each supplier of such a covered item with 
an insignia (such as any patch, badge, or emblem) 
and each supplier of such an insignia, if such 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; 
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(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 3 years after the creation of such 
records, of such destruction that include the 
date of such destruction, a description of the 
covered item with insignia or insignia destroyed, 
the quantity of the covered item with insignia 
or insignia destroyed, and the method of de-
struction. 
(b) PRICING.—The Secretary shall ensure that cov-
ered items are purchased at a fair and reasonable price, 
consistent with the procedures and guidelines specified in 
the Federal Acquisition Regulation. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this section and annually thereafter, 
the Secretary shall provide to the Committee on Homeland 
Security, the Committee on Oversight and Reform, and 
the Committee on Appropriations of the House of Rep-
resentatives, and the Committee on Homeland Security 
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and Governmental Affairs and the Committee on Appro-
priations of the Senate a report on 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 paragraph 
(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) DEPARTMENT FRONTLINE OPERATIONAL COM-
PONENT DESCRIBED.—In this section, the term ‘‘Depart-
ment frontline operational component’’ refers to any of the 
following components of the Department: 
(1) United States Customs and Border Protec-
tion. 
(2) United States Immigration and Customs 
Enforcement. 
(3) The United States Secret Service. 
(4) The Transportation Security Administra-
tion. 
(5) The Cybersecurity and Infrastructure Secu-
rity Agency. 
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(6) The Federal Protective Service. 
(7) The Federal Emergency Management Agen-
cy. 
(8) The Federal Law Enforcement Training 
Centers. 
(e) DETERMINATION.—If the Secretary determines 
that compliance with paragraph (1) of subsection (a) is 
impractical, the Secretary shall, not later than 15 days 
after making such determination, submit to the Com-
mittee on Homeland Security of the House of Representa-
tives and Committee on Homeland Security and Govern-
mental Affairs of the Senate an explanation relating to 
such determination and specifics regarding what percent-
age of covered items will be procured by small business 
concerns. 
(f) EXCEPTION.—This section shall not apply to the 
purchase of covered items by the Department to be used 
by the Department for training purposes. 
(g) COVERED ITEM DESCRIBED.—In this section, the 
term ‘‘covered item’’ refers to any of the following with 
respect to a Department frontline operational component: 
(1) Body armor components intended to provide 
ballistic protection for an individual, consisting of 
one or more of the following: 
(A) Soft ballistic panels. 
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(B) Hard ballistic plates. 
(C) Concealed armor carriers worn under a 
uniform. 
(D) External armor carriers worn over a 
uniform. 
(2) Helmets that provide ballistic protection 
and other head protection and components. 
(3) Protective eyewear. 
(4) Rain gear, cold weather gear, other environ-
mental and flame-resistant clothing. 
(5) Footwear. 
(6) Uniforms. 
(7) Bags and packs. 
(8) Holsters and tactical pouches. 
(9) Patches, insignia, and embellishments. 
(10) Respiratory protective masks. 
(11) Chemical, biological, radiological, and nu-
clear protective gear. 
(12) Hearing protection equipment. 
(13) Any other critical safety item as deter-
mined appropriate by the Secretary. 
(h) EFFECTIVE DATE.—This section applies with re-
spect to a contract entered into by the Department or any 
of its frontline operational components after 120 days of 
enactment of this Act. 
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(i) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary should endeavor to ensure that 
the majority of covered items for a frontline operational 
component procured by the Department are manufactured 
in the United States by entities that qualify as small busi-
ness concerns. 
(j) STUDY.—Not later than 1 year after the date of 
the enactment of this Act, the Secretary of Homeland Se-
curity shall submit to the Committee on Homeland Secu-
rity of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate a study of the adequacy of allowances provided to 
employees of Department of Homeland Security frontline 
operational components (as such term is described in sec-
tion 836 of the Homeland Security Act of 2002, as added 
by subsection (a)). Such study shall be informed by a De-
partment-wide survey of employees from across the De-
partment who receive uniform allowances that seeks to as-
certain what, if any, improvements could be made to the 
current uniform allowances and what, if any, impacts cur-
rent allowances have had on employee morale and reten-
tion. Such study shall also consider increasing by 25 per-
cent, at minimum, the uniform allowance for first year em-
ployees and by 50 percent, at minimum, the annual allow-
ance for all other employees. 
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SEC. 325. PROHIBITION ON OPERATION OR PROCUREMENT 
OF FOREIGN-MADE UNMANNED AIRCRAFT 
SYSTEMS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity may not operate, provide financial assistance for, or 
enter into or renew a contract for the procurement of— 
(1) an unmanned aircraft system (UAS) that— 
(A) is manufactured in a covered foreign 
country or by a corporation domiciled in a cov-
ered foreign country; 
(B) uses flight controllers, radios, data 
transmission devices, cameras, or gimbals man-
ufactured in a covered foreign country or by a 
corporation domiciled in a covered foreign coun-
try; 
(C) uses a ground control system or oper-
ating software developed in a covered foreign 
country or by a corporation domiciled in a cov-
ered foreign country; or 
(D) uses network connectivity or data stor-
age located in or administered by a corporation 
domiciled in a covered foreign country; or 
(2) a system manufactured in a covered foreign 
country or by a corporation domiciled in a covered 
foreign country for the detection or identification of 
covered unmanned aircraft systems. 
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(b) WAIVER.—The Secretary of Homeland Security 
may waive the prohibition under subsection (a) on a case 
by case basis by certifying in writing to the Committee 
on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Govern-
mental Affairs of the Senate that the operation or procure-
ment that is the subject of such a waiver is required— 
(1) in the national interest of the United 
States; 
(2) for counter-UAS surrogate testing and 
training; or 
(3) for intelligence, electronic warfare, or infor-
mation warfare operations, testing, analysis, and or 
training. 
(c) DEFINITIONS.—In this section: 
(1) COVERED FOREIGN COUNTRY.—The term 
‘‘covered foreign country’’ means a country labeled 
as a strategic competitor in the ‘‘Summary of the 
2018 National Defense Strategy of the United 
States of America: Sharpening the American Mili-
tary’s Competitive Edge’’ issued by the Department 
of Defense pursuant to section 113 of title 10, 
United States Code. 
(2) UNMANNED AIRCRAFT SYSTEM.—The term 
‘‘unmanned aircraft system’’ has the meaning given 
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such term in section 44801 of title 49, United 
States Code. 
Subtitle C—Acquisition Program 
Management Accountability and 
Transparency 
SEC. 331. CONGRESSIONAL NOTIFICATION FOR MAJOR 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.) 
is further amended by adding at the end the following new 
section: 
‘‘SEC. 839. CONGRESSIONAL NOTIFICATION AND OTHER RE-
QUIREMENTS FOR MAJOR ACQUISITION PRO-
GRAM BREACH. 
‘‘(a) REQUIREMENTS
WITHIN
DEPARTMENT
IN 
EVENT OF BREACH.— 
‘‘(1) NOTIFICATIONS.— 
‘‘(A) NOTIFICATION
OF
BREACH.—If a 
breach (as such term is defined in section 830) 
occurs, or is expected to occur, in a major ac-
quisition program, the program manager for 
such program shall notify the Component Ac-
quisition Executive for such program, the head 
of the component concerned, the Executive Di-
rector of the Program Accountability and Risk 
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ing not later than 30 days after the notification 
is made to the Secretary. 
‘‘(2) REMEDIATION
PLAN
AND
ROOT
CAUSE 
ANALYSIS.— 
‘‘(A) IN GENERAL.—If a breach occurs, or 
is expected to occur, in a major acquisition pro-
gram, the program manager for such program 
shall, in coordination with the Component Ac-
quisition Executive for such a program, submit 
to the head of the component concerned, the 
Executive Director of the Program Account-
ability and Risk Management office, and the 
Under Secretary for Management in writing a 
remediation plan and root cause analysis relat-
ing to such breach and program. Such plan and 
analysis shall be submitted at a date established 
at the discretion of the Under Secretary for 
Management. 
‘‘(B) REMEDIATION
PLAN.—The remedi-
ation plan required under this subparagraph 
(A) shall— 
‘‘(i) explain the circumstances of the 
breach at issue; 
‘‘(ii) include a root cause analysis that 
determines the underlying cause or causes 
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‘‘(VIII) 
inadequate 
program 
management personnel, including lack 
of sufficient number of staff, training, 
credentials, certifications; or 
‘‘(IX) inadequate assessment or 
mitigation of program risk; 
‘‘(iii) propose corrective action to ad-
dress the underlying cause or causes of the 
breach as identified in clause (ii); 
‘‘(iv) explain the rationale for why a 
proposed corrective action is recommended 
compared to other options considered; and 
‘‘(v) identify the estimated impact on 
program cost, schedule, and performance 
goals of implementing the proposed correc-
tive action, and the extent to which fund-
ing from other programs will need to be re-
duced to cover the cost growth of such pro-
gram. 
‘‘(3) REVIEW OF REMEDIATION PLANS.— 
‘‘(A) IN GENERAL.—The Under Secretary 
for Management shall review the remediation 
plan required under paragraph (2). The Under 
Secretary may approve such plan or provide an 
alternative proposed corrective action, including 
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cancelling the program, within 30 days of the 
submission of such plan under such paragraph. 
Programs that submit a breach notification to 
the Secretary pursuant to subsection (a)(1)(B) 
shall pause all activities other than those nec-
essary to develop the remediation plan required 
under subsection (a)(2)(B) until the Under Sec-
retary for Management approves such a plan or 
provides alternative corrective actions for the 
program. 
‘‘(B) DOCUMENTATION.—The Under Sec-
retary for Management shall document the re-
sult of the review required under subparagraph 
(A) in an acquisition decision memorandum. If 
the program is approved to continue, the Under 
Secretary for Management shall certify in the 
acquisition decision memorandum that— 
‘‘(i) such program is essential to the 
accomplishment of the Department’s mis-
sion; 
‘‘(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; 
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‘‘(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. 
‘‘(C) SUBMISSION
TO
CONGRESS.—Not 
later than 30 days after the review required 
under subparagraph (A) is completed, the 
Under Secretary for Management shall submit 
to the congressional homeland security commit-
tees a copy of the remediation plan and the root 
cause analysis required under paragraph (2).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by inserting 
after the item relating to section 838 the following new 
item: 
‘‘Sec. 839. Congressional notification and other requirements for major acquisi-
tion program breach.’’. 
SEC. 332. ACQUISITION REPORTS. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 
is further amended by adding at the end the following new 
section: 
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‘‘SEC. 840. ACQUISITION REPORTS. 
‘‘(a) CONGRESSIONAL ACQUISITION PROGRESS RE-
PORT.— 
‘‘(1) IN GENERAL.—At the same time as the 
President’s budget is submitted for a fiscal year 
under section 1105(a) of title 31, United States 
Code, the Under Secretary for Management shall 
submit to the congressional homeland security com-
mittees (as such term is defined in section 830) and 
the Comptroller General of the United States an an-
nual acquisition progress report. The report shall in-
clude the following: 
‘‘(A) A listing of programs that have been 
cancelled, paused, or are in breach pursuant to 
the section 838 of the Homeland Security Act 
of 2002 (as amended). 
‘‘(B) A listing of programs being tracked 
on the Master Acquisition Oversight List pursu-
ant to subsection (b)(12) of section 711 of the 
Homeland Security Act of 2002 as amended 
that have not yet established an initial Depart-
ment-approved acquisition program baseline. 
‘‘(C) A listing of established Executive 
Steering Committees, which provide governance 
of a program or related set of programs and 
lower-tiered oversight, and support between ac-
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quisition decision events and component re-
views, including the mission and membership 
for each. 
‘‘(2) INFORMATION
FOR
MAJOR
ACQUISITION 
PROGRAMS.—For each major acquisition program on 
the Master Acquisition Oversight List pursuant to 
subsection (b)(12) of section 711 of the Homeland 
Security Act of 2002 as amended that has at least 
one Department-approved acquisition program base-
line and has not yet fully deployed all planned capa-
bilities, the report shall include the following: 
‘‘(A) A narrative describing the purpose of 
the program, including the capabilities being ac-
quired and the component(s) sponsoring the ac-
quisition. 
‘‘(B) Acquisition Review Board status of 
each acquisition, including the current acquisi-
tion phase, the date of the last review, and a 
listing of the required documents that have 
been completed with the dates approved. 
‘‘(C) A comparison of the cost goals in the 
first Department-approved acquisition program 
baseline, the current Department-approved ac-
quisition program baseline, and the current es-
timate. The comparison shall include the time-
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frame and confidence interval for each source 
and a description of and rationale for any 
changes. 
‘‘(D) A comparison of the schedule goals in 
the first Department-approved acquisition pro-
gram baseline, the current Department-ap-
proved acquisition program baseline, and the 
current schedule. The comparison shall identify 
what each event is expected to achieve and in-
clude a description of and rationale for any 
changes. 
‘‘(E) A comparison of the performance 
goals in the first Department-approved acquisi-
tion program baseline and the current Depart-
ment-approved acquisition program baseline. 
The comparison shall identify the rationale for 
any changes and whether the current perform-
ance goal has been demonstrated. 
‘‘(F) A list of key test and evaluation 
events, including dates they are planned or oc-
curred. 
‘‘(G) Top five risks associated with the 
program, including narrative descriptions and 
mitigation actions. 
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‘‘(H) Contract status, including earned 
value management data as applicable. 
‘‘(I) Total number of increments or units 
to be acquired, as appropriate, including a 
schedule outlining the quantity of increments or 
units to be procured annually until procurement 
is complete, as appropriate. 
‘‘(J) A table delineated by appropriation 
that provides (for prior years; past year; cur-
rent year; budget year; budget year plus one; 
budget year plus two; budget year plus three; 
budget year plus four and beyond; and total 
cost) the actual or estimated appropriations, ob-
ligations, unobligated authority, and planned 
expenditures. 
‘‘(3) UPDATES.—The Under Secretary for Man-
agement shall submit quarterly updates to such re-
port not later than 45 days after the completion of 
each quarter. The updates shall be submitted to the 
congressional homeland security committees (as such 
term is defined in section 830) and include the same 
information under paragraph (1) and (2) for any 
major acquisition program— 
‘‘(A) that has been newly established since 
the annual report was submitted; or 
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‘‘(B) that has received approval for a re-
vised acquisition program baseline. 
‘‘(b) COMPTROLLER GENERAL REVIEWS.— 
‘‘(1) BRIEFING.—Not later than three months 
after each annual report under subsection (a) is sub-
mitted, the Comptroller General of the United States 
shall brief the congressional homeland security com-
mittees (as such term is defined in section 830) on 
the contents of each such report, including observa-
tions on the accuracy of the information presented 
and any other risks or challenges the Department 
faces in managing its acquisition portfolio. 
‘‘(2) REVIEW.—Not later than three years after 
submission of the first annual report under sub-
section (a), the Comptroller General of the United 
States shall evaluate and submit to the congressional 
homeland security committees a report on the reli-
ability of the data used to prepare such reports.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by inserting 
after the item relating to section 839 the following new 
item: 
‘‘Sec. 840. Acquisition reports.’’. 
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TITLE IV—OTHER REFORMS 
SEC. 401. QUADRENNIAL HOMELAND SECURITY REVIEW. 
(a) IN GENERAL.—Section 706 of the Homeland Se-
curity Act of 2002 (as redesignated by this Act; relating 
to the Quadrennial Homeland Security Review) is amend-
ed— 
(1) in subsection (a)(3)— 
(A) in subparagraph (B), by striking 
‘‘and’’ at the end; 
(B) by redesignating subparagraph (C) as 
subparagraph (D); and 
(C) by inserting after subparagraph (B) 
the following new subparagraph: 
‘‘(C) representatives from appropriate ad-
visory committees established pursuant to sec-
tion 871, the Homeland Security Advisory 
Council, and the Homeland Security Science 
and Technology Advisory Committee, or other-
wise established, including the Aviation Security 
Advisory Committee established pursuant to 
section 44946 of title 49, United States Code; 
and’’; 
(2) in subsection (b)— 
(A) in paragraph (2), by inserting before 
the semicolon at the end the following: ‘‘based 
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230 
on the risk assessment required pursuant to 
subsection (c)(2)(B)’’; 
(B) in paragraph (3)— 
(i) by inserting ‘‘, to the extent prac-
ticable,’’ after ‘‘describe’’; and 
(ii) by striking ‘‘budget plan’’ and in-
serting ‘‘resources required’’; 
(C) in paragraph (4)— 
(i) by inserting ‘‘, to the extent prac-
ticable,’’ after ‘‘identify’’; 
(ii) by striking ‘‘budget plan required 
to provide sufficient resources to success-
fully’’ and inserting ‘‘resources required 
to’’; and 
(iii) by striking the semicolon at the 
end and inserting ‘‘, including any re-
sources identified from redundant, waste-
ful, or unnecessary capabilities and capac-
ities that can be redirected to better sup-
port other existing capabilities and capac-
ities, as the case may be; and’’; 
(D) in paragraph (5), by striking ‘‘; and’’ 
and inserting a period; and 
(E) by striking paragraph (6); 
(3) in subsection (c)— 
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(A) in paragraph (1), by striking ‘‘Decem-
ber 31 of the year’’ and inserting ‘‘60 days 
after the date of the submission of the Presi-
dent’s budget for the fiscal year after the fiscal 
year’’; 
(B) in paragraph (2)— 
(i) in subparagraph (B), by striking 
‘‘description of the threats to’’ and insert-
ing ‘‘risk assessment of’’; 
(ii) in subparagraph (C), by inserting 
‘‘, as required under subsection (b)(2)’’ be-
fore the semicolon at the end; 
(iii) in subparagraph (D)— 
(I) by inserting ‘‘to the extent 
practicable,’’ before ‘‘a description’’; 
and 
(II) by striking ‘‘budget plan’’ 
and inserting ‘‘resources required’’; 
(iv) in subparagraph (F)— 
(I) by inserting ‘‘to the extent 
practicable,’’ before ‘‘a discussion’’; 
and 
(II) by striking ‘‘the status of’’; 
(v) in subparagraph (G)— 
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(I) by inserting ‘‘to the extent 
practicable,’’ before ‘‘a discussion’’; 
(II) by striking ‘‘the status of’’; 
(III) by inserting ‘‘and risks’’ be-
fore ‘‘to national homeland’’; and 
(IV) by inserting ‘‘and’’ after the 
semicolon at the end; 
(vi) by striking subparagraph (H); 
and 
(vii) by redesignating subparagraph 
(I) as subparagraph (H); 
(C) by redesignating paragraph (3) as 
paragraph (4); and 
(D) by inserting after paragraph (2) the 
following new paragraph (3): 
‘‘(3) DOCUMENTATION.—The Secretary shall 
retain and, upon request, provide to Congress the 
following documentation regarding each quadrennial 
homeland security review: 
‘‘(A) Records regarding the consultation 
carried out the pursuant to subsection (a)(3), 
including the following: 
‘‘(i) All written communications, in-
cluding communications sent out by the 
Secretary and feedback submitted to the 
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(5) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) REVIEW.—Not later than 90 days after the sub-
mission of each report required under subsection (c)(1), 
the Secretary shall provide to the Committee on Homeland 
Security of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate information on the degree to which the find-
ings and recommendations developed in the quadrennial 
homeland security review covered by each such report were 
integrated into the acquisition strategy and expenditure 
plans for the Department.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to a quadrennial 
homeland security review conducted after December 31, 
2021. 
SEC. 402. LIMITATIONS REGARDING SECRETARIAL 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-
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ferred to the Department of Homeland Secu-
rity’’; and 
(B) by striking ‘‘2002,’’ and inserting 
‘‘2002’’; 
(2) in subsection (b)(2)— 
(A) by striking ‘‘While engaged in the per-
formance 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’’; 
(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— 
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‘‘(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— 
‘‘(aa) the officer or agent is 
in active pursuit of a person who 
is otherwise subject to arrest 
under this subparagraph; and 
‘‘(bb) such person exits the 
area covered by subclause (I) or 
(II), as applicable, during such 
pursuit; and 
‘‘(iii) there are specific and articulable 
facts to support a reasonable belief that 
the person may— 
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‘‘(I) escape before a warrant can 
be obtained for his or her arrest; 
‘‘(II) destroy evidence; or 
‘‘(III) continue the commission of 
a felony on or related to property 
owned or occupied by the Federal 
Government;’’; 
(D) in subparagraph (E) by striking ‘‘; 
and’’ and inserting ‘‘, except that such inves-
tigations and any associated surveillance are re-
stricted solely to offenses that may have been 
committed against property owned or occupied 
by the Federal Government; and’’; and 
(E) by striking subparagraph (F) and in-
serting the following: 
‘‘(F) carry out such other activities nec-
essary to protect the property described in sub-
section (a) and persons on such property as the 
Secretary may prescribe.’’; 
(3) in subsection (e)— 
(A) by striking ‘‘the Secretary may enter 
into agreements’’ and inserting ‘‘the Secretary 
shall enter into agreements, including memo-
randa of understanding,’’; and 
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(B) by adding at the end the following: 
‘‘Any agreement, including memoranda of un-
derstanding, entered into under this subsection 
shall include a requirement that all officers and 
agents designated under this subsection and 
subject to such agreement wear body cameras 
while on duty.’’; 
(4) by redesignating subsections (f) and (g) as 
subsections (h) and (i), respectively; and 
(5) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) IDENTIFICATION AS FEDERAL OFFICER.—An of-
ficer or agent designated under this subsection shall, while 
engaged in the performance of official duties, display— 
‘‘(1) appropriate insignia identifying the depart-
ment or agency of the Department of Homeland Se-
curity from which such officer or agent has been 
designated; and 
‘‘(2) the full name of the officer or agent. 
‘‘(g) LIMITATION ON ARRESTS.—With respect to any 
arrest carried out under subsection (b)(2)(C), the officer 
or agent shall— 
‘‘(1) identify himself or herself and the depart-
ment or agency in which such officer or agent is em-
ployed; 
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‘‘(2) inform the individual being arrested of the 
cause for such arrest; 
‘‘(3) in the case of an arrest carried out pursu-
ant to an agreement under subsection (e), notify any 
State or local government that is party to such 
agreement of the arrest; and 
‘‘(4) document the details of the arrest and the 
cause for such arrest.’’. 
SEC. 403. BIOMETRIC ENTERPRISE MANAGEMENT. 
(a) BIOMETRICS AND IDENTITY MANAGEMENT DE-
VELOPMENT AND STRATEGY.—Not later than one year 
after the date of the enactment of this Act, the Under 
Secretary for Strategy, Policy, and Plans shall, in coordi-
nation with the Privacy Officer and Civil Rights and Civil 
Liberties Officer, and consultation with appropriate heads 
of components or offices within the Department, develop 
and coordinate a biometrics and identity management en-
terprise strategy for the Department that includes guid-
ance and requirements regarding the front-end collection, 
use, retention, sharing, and disposal of biometric informa-
tion by and within the Department and requires the estab-
lishment of robust privacy protections for individuals that, 
with respect to the United States VISIT program and any 
other such passenger facilitation program, prioritizes se-
curing voluntary consent for the capture of biometrics 
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from individuals through an opt-in approach rather than 
an opt-out approach. Upon the issuance of the strategy, 
no component head shall be authorized to initiate or ex-
pand a pilot or program that includes biometrics or iden-
tity management without the Secretary determining that 
the program is consistent with this strategy or successor 
strategy. 
(b) COMPLIANCE WITH DEPARTMENT BIOMETRICS 
AND IDENTITY MANAGEMENT STRATEGY.—The Under 
Secretary for Management shall— 
(1) not later than 180 days after the issuance 
of the biometrics and identity management enter-
prise strategy required under subsection (a) of this 
section, issue determinations regarding compliance 
with the strategy for each pilot or program of the 
Department that uses biometric technologies or in-
formation and, where necessary, a corresponding 
corrective action plan for the pilot or program to 
come into compliance with the strategy within a 
year; 
(2) upon issuance of determinations pursuant 
to paragraph (1), submit determinations together 
with any corresponding corrective action plans to the 
Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland 
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241 
Security and Governmental Affairs of the Senate; 
and 
(3) two years after enactment of this Act, sub-
mit certifications for each pilot or program that the 
Secretary determines to be in compliance the strat-
egy to the Committee on Homeland Security of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate and notification of the suspension or can-
cellation of any pilots or programs that are not in 
compliance with the strategy. 
(c) INVENTORY.—Within 180 days of enactment of 
this Act, the Under Secretary for Management, in coordi-
nation with the Under Secretary for Science and Tech-
nology, shall submit to the Committee on Homeland Secu-
rity of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate an inventory of all pilots and programs of the De-
partment that use biometric technologies or information. 
The inventory shall include, at a minimum, the following 
information for each pilot and program— 
(1) the components or Department offices in-
volved, including their roles and responsibilities; 
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(2) the purpose of the pilot or program, includ-
ing reason for the use of biometric technologies or 
information in the pilot or program; 
(3) a description of functionality, including an 
overview of any technologies or systems used to cap-
ture, share, or match biometric information; 
(4) the timeframes and locations of key events, 
including the actual or planned initiation and com-
pletion dates for test activities and technology de-
ployments; 
(5) estimated total cost and funding sources; 
(6) any contracts or agreements entered into 
with other Federal departments and agencies, pri-
vate or third-party entities, and educational institu-
tions; 
(7) status of implementation, including any 
transition plans for pilots; and 
(8) status of plans for developing and issuing 
any related rulemakings or privacy impact assess-
ments. 
(d) ASSESSMENT.—Within one year of submitting the 
inventory required under subsection (a), the Under Sec-
retary for Science and Technology shall conduct and sub-
mit to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Secu-
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rity and Governmental Affairs of the Senate an assess-
ment of all pilots or programs of the Department that use 
biometric technologies or information that involves facial 
recognition or iris scanning. The assessment shall, at a 
minimum, review— 
(1) the impact of device specifications and in-
stallation factors, such as camera quality, lighting, 
and internet connectivity, of biometric collection 
technologies on the Department’s ability to capture 
accurate data across all demographic groups, includ-
ing across age, sex, skin tone, and disability status, 
alone and in combination with each other, to inform 
minimum biometric capture device standards; 
(2) proposed or implemented biometric collec-
tion methods to capture accurate data across all de-
mographic groups; 
(3) information security of biometric technology 
or systems, including lessons learned to improve re-
siliency against tampering or cyber threats; and 
(4) independent testing results of biometric 
matching algorithms to verify accuracy across all de-
mographic groups. 
(e) LIMITATION
ON EXPANDING BIOMETRIC AIR 
EXIT CAPABILITIES.— 
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(1) REQUIREMENT.—The Under Secretary for 
Management shall prohibit U.S. Customs and Bor-
der Protection from expanding biometric air exit ca-
pabilities to additional airports, air terminals, or air-
lines, until it has demonstrated for at least three 
consecutive months that the program meets its vali-
dated user requirement for capturing live biometric 
images of in-scope travelers on participating flights 
for capabilities already deployed as of the date of the 
enactment of this Act. 
(2) DEFINITION.—In this section, the term ‘‘in- 
scope traveler’’ means any person who is required to 
provide biometrics upon exit from the United States 
pursuant to section 215.8(a)(1) of title 8, Code of 
Federal Regulations. 
SEC. 404. ENHANCED DEPARTMENTAL OVERSIGHT OF CER-
TAIN INTELLIGENCE MATTERS. 
Paragraph (9) of section 201(d) of the Homeland Se-
curity Act of 2002 (6 U.S.C. 121(d)) is amended— 
(1) in subparagraph (A), by striking ‘‘and’’ 
after the semicolon; 
(2) in subparagraph (B), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
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‘‘(B) satisfies any other requirements im-
posed by the Secretary. 
‘‘(3) 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 
specified in section 312(b) of the Higher Education 
Act of 1965 (20 U.S.C. 1058(b)). 
‘‘(4) 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. 
‘‘(5) SMALL BUSINESS ACT DEFINITIONS.—The 
terms ‘small business concern’, ‘small business con-
cern owned and controlled by veterans’, ‘small busi-
ness concern owned and controlled by service-dis-
abled veterans’, ‘qualified HUBZone small business 
concern’, and ‘small business concern owned and 
controlled by women’ have the meaning given such 
terms, respectively, under section 3 of the Small 
Business Act (15 U.S.C. 632). The term ‘small busi-
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