[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4357 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4357
To amend the Homeland Security Act of 2002 to make certain reforms to
the Department of Homeland Security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 6, 2021
Mr. Thompson of Mississippi (for himself, Ms. Jackson Lee, Mr.
Langevin, Mr. Payne, Mr. Correa, Mr. Cleaver, Mr. Green of Texas, Ms.
Clarke of New York, Mr. Swalwell, Ms. Titus, Mrs. Watson Coleman, Miss
Rice of New York, Mrs. Demings, Ms. Barragan, Mr. Malinowski, and Mr.
Torres of New York) introduced the following bill; which was referred
to the Committee on Homeland Security, and in addition to the
Committees on the Judiciary, and Transportation and Infrastructure, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to make certain reforms to
the Department of Homeland Security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department of
Homeland Security Reform Act of 2021'' or the ``DHS Reform Act of
2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--LEADERSHIP REFORMS
Sec. 101. Headquarters operations.
Sec. 102. Associate Secretary; succession reforms; Assistant
Secretaries and other officers.
Sec. 103. Enhanced integration.
TITLE II--INTELLIGENCE AND ANALYSIS REFORMS
Sec. 201. Enhanced departmental oversight of certain intelligence
matters.
Sec. 202. Department of Homeland Security support for the national
network of fusion centers.
Sec. 203. Domestic terrorism analytic unit.
Sec. 204. Report relating to foreign white supremacist extremist
organizations.
TITLE III--OFFICERS, OFFICES, AND POLICIES
Subtitle A--Officers, Integration, and Policymaking
Sec. 301. Chief Privacy Officer.
Sec. 302. Under Secretary for Management.
Sec. 303. Chief Financial Officer.
Sec. 304. Chief Information Officer.
Sec. 305. Chief Human Capital Officer.
Sec. 306. Officer for Civil Rights and Civil Liberties.
Sec. 307. Quadrennial homeland security review.
Sec. 308. Office of Strategy, Policy, and Plans.
Sec. 309. Office of Partnership and Engagement.
Sec. 310. Chief Procurement Officer.
Sec. 311. Chief Security Officer.
Sec. 312. School Security Coordinating Council.
Sec. 313. Office of Program Accountability and Risk Management.
Sec. 314. Children's technical expert.
Sec. 315. Abolishment of Office for State and Local Government
Coordination.
Sec. 316. Biometric enterprise management.
Sec. 317. Counterterrorism and targeted violence strategy.
Sec. 318. Activities related to children report.
Subtitle B--Law Enforcement Reforms
Sec. 321. De-escalation, use of force, and body-worn camera policy.
Sec. 322. Department of Homeland Security component insignia required.
Sec. 323. Report relating to compliance with mandatory Department-wide
reporting policy directive.
Sec. 324. De-escalation training and continuing education to promote
officer safety and professionalism.
Sec. 325. Less lethal force tactics assessment.
Sec. 326. Best practices to reduce incidents of excessive or
unauthorized force.
Sec. 327. Safeguarding firearms and sensitive assets.
Sec. 328. Reporting on basic training programs of the Department of
Homeland Security.
Subtitle C--Workforce Engagement and Development Reforms
Sec. 331. Employee Engagement Steering Committee and action plan.
Sec. 332. Annual employee award program.
Sec. 333. Acquisition workforce.
Sec. 334. Acquisition professional career program.
Sec. 335. Department of Homeland Security rotation program.
Sec. 336. Cyber talent management system reporting.
Sec. 337. Independent investigation of disciplinary outcomes.
TITLE IV--ACQUISITION REFORMS
Sec. 401. Definitions.
Sec. 402. Acquisition authorities for technical support offices.
Sec. 403. Acquisition documentation.
Sec. 404. Acquisition review board.
Sec. 405. Congressional notification for major acquisition programs.
Sec. 406. Acquisition reports.
Sec. 407. Modification of reorganization authority of the Secretary.
Sec. 408. Abolishment of Office of International Affairs.
Sec. 409. Joint Requirements Council.
Sec. 410. Mentor-protege program.
Sec. 411. Fitness information transparency.
Sec. 412. Requirements to buy certain items related to national
security interests according to certain
criteria.
Sec. 413. Prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 414. Historically black colleges and universities (HBCUS) homeland
security partnerships.
TITLE V--OTHER REFORMS
Subtitle A--Frontline Operational Reforms
Sec. 501. Limitations relating to secretarial authorities associated
with the protection of public property.
Sec. 502. Requests relating to Department of Homeland Security
personnel or equipment.
Subtitle B--Accountability and Integrity Reforms and Miscellaneous
Matters
Sec. 511. Privacy, civil rights, and civil liberties coordination
required.
Sec. 512. Office of Public Affairs.
Sec. 513. Department-wide social media policy.
Sec. 514. Propaganda prohibited.
Sec. 515. Office of Inspector General.
Sec. 516. Limits on expenses for a swearing-in ceremony.
Sec. 517. Conflict of interest awareness and reporting.
Sec. 518. Suspension and debarment program.
Sec. 519. Countering Weapons of Mass Destruction Office.
Sec. 520. Annual catalog on Department of Homeland Security training,
publications, programs, and services for
State and local law enforcement and annual
reporting requirements.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assets.--The term ``assets'' has the meaning given the
term in section 2(3) of the Homeland Security Act of 2002 (6
U.S.C. 101(3)).
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(4) Department.--The term ``Department'' means the
Department of Homeland Security.
(5) Functions.--The term ``functions'' has the meaning
given the term in section 2(9) of the Homeland Security Act of
2002 (6 U.S.C. 101(9)).
(6) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(7) Lost.--The term ``lost'' includes loss by theft.
(8) Minority-serving institution.--The term ``minority-
serving institution'' means an institution of higher education
described in section 371(a) of the Higher Education Act of 1965
(20 U.S.C. 1067q(a)).
(9) Personnel.--The term ``personnel'' has the meaning
given the term in section 2(15) of the Homeland Security Act of
2002 (6 U.S.C. 101(15)).
(10) Public-facing materials.--The term ``public-facing
materials'' means any written, audio, or video materials used
to inform the public, including press releases, speeches,
talking points, fact sheets, testimony, letters, reports,
billboards, and social media.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(12) Sensitive assets.--The term ``sensitive assets'' has
the meaning given such term in section 701 of the Homeland
Security Act of 2002 (6 U.S.C. 341), as amended by section 222
of this Act.
(13) Targeted violence.--The term ``targeted violence''
means any incident of violence in which an attacker selected a
particular target in order to inflict mass injury or death
without a clearly discernible political or ideological
motivation beyond mass injury or death.
TITLE I--LEADERSHIP REFORMS
SEC. 101. HEADQUARTERS OPERATIONS.
(a) In General.--Section 102 of the Homeland Security Act of 2002
(6 U.S.C. 112) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(4) shall establish a Homeland Security Advisory Council
that--
``(A) includes--
``(i) not more than 40 representatives with
expertise or experience with respect to
homeland security; and
``(ii) not fewer than two representatives
with expertise or experience with respect to
protecting privacy and civil rights; and
``(B) provide advice and recommendations on
homeland security-related matters, including advice
with respect to the preparation of the Quadrennial
Homeland Security Review; and
``(5) shall provide to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate an annual
report that includes--
``(A) a list of each member of the Homeland
Security Advisory Council and the subcommittee
assignments of each such member;
``(B) a summary of all recommendations made by the
Homeland Security Advisory Council, including any
subcommittees; and
``(C) a description of any action the Department
took in response to such recommendations.'';
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``through the Office of State and Local
Coordination (established under section 801)'' and inserting
``through the Office of Partnership and Engagement'';
(3) by striking subsection (f);
(4) by redesignating subsection (g) as subsection (f); and
(5) by adding at the end the following new subsections:
``(g) Conflicts of Interest.--No member of the Homeland Security
Advisory Council established pursuant to subsection (b)(4) may
participate in developing any advice or recommendation regarding any
matter which directly benefits such member or pertains specifically to
any firm or organization with which such member has been associated at
any time during the immediately preceding three years.
``(h) Headquarters.--
``(1) In general.--There is in the Department a
Headquarters.
``(2) Components.--The Headquarters shall include each of
the following:
``(A) The Office of the Secretary, which shall
include--
``(i) the Deputy Secretary;
``(ii) the Associate Secretary;
``(iii) the Chief of Staff; and
``(iv) the Executive Secretary.
``(B) The Management Directorate, including the
Office of the Chief Financial Officer, Federal
Protective Service, and Office of Biometric Identity
Management.
``(C) The Science and Technology Directorate.
``(D) The Office of Strategy, Policy, and Plans.
``(E) The Office of the General Counsel.
``(F) The Office of the Chief Privacy and FOIA
Officer.
``(G) The Office for Civil Rights and Civil
Liberties.
``(H) The Office of Operations Coordination.
``(I) The Office of Intelligence and Analysis.
``(J) The Office of Legislative Affairs.
``(K) The Office of Public Affairs.
``(L) The Office of the Inspector General.
``(M) The Office of the Citizenship and Immigration
Services Ombudsman.
``(N) The Countering Weapons of Mass Destruction
Office.
``(O) The Office of Partnership and Engagement.
``(P) The Ombudsman for Border and Immigration
Enforcement Related Concerns.''.
(b) Conflicts of Interest Policy.--Not later than 90 days after the
date of the enactment of this Act, the Secretary, acting through the
Under Secretary for Strategy, Policy, and Plans of the Department,
shall issue a written policy to members of the Homeland Security
Advisory Committee regarding the conflicts of interests requirement set
forth in subsection (g) of section 102 of the Homeland Security Act of
2002, as added by this section.
(c) Transfer of Functions and Assets.--The functions authorized to
be performed by the Special Assistant to the Secretary (referred to in
subsection (f) of section 102 of the Homeland Security Act of 2002) on
the day before the date of the enactment of this Act, and the assets
and personnel associated with such functions, are transferred to the
Assistant Secretary for Partnership and Engagement under section 711 of
the Homeland Security Act of 2002, as added by section 309 of this Act.
SEC. 102. ASSOCIATE SECRETARY; SUCCESSION REFORMS; ASSISTANT
SECRETARIES AND OTHER OFFICERS.
Section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113) is
amended--
(1) in subsection (a)--
(A) in the subsection heading, by inserting ``;
Assistant Secretaries and Other Officers'' after
``Under Secretaries'';
(B) in paragraph (1)--
(i) by redesignating subparagraphs (B)
through (K) as (C) through (L), respectively;
(ii) by inserting after subparagraph (A)
the following new subparagraph:
``(B) An Associate Secretary of Homeland Security,
who shall be the second assistant of the Secretary for
purposes of subchapter III of chapter 33 of title 5,
United States Code, and shall exercise the duties of
the Secretary with respect to U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement,
the United States Secret Service, and the Federal
Protective Service, and, in consultation with the
Deputy Secretary, the law enforcement activities of
other Department components.''; and
(iii) in subparagraph (J), as so
redesignated, by striking ``Not more than 12
Assistant Secretaries.'' and inserting ``The
Administrator of the Transportation Security
Administration.'';
(C) by amending paragraph (2) to read as follows:
``(2) Appointments.--The following Assistant Secretaries
shall be appointed by the President or the Secretary, as the
case may be, without the advice and consent of the Senate:
``(A) Presidential appointments.--The Department
shall have the following positions appointed by the
President:
``(i) The Assistant Secretary for Public
Affairs.
``(ii) The Assistant Secretary for
Legislative Affairs.
``(iii) The Assistant Secretary for the
Countering Weapons of Mass Destruction Office.
``(iv) The Chief Medical Officer.
``(B) Secretarial appointments.--The Secretary
shall appoint an Assistant Secretary for Partnership
and Engagement and, within the Office of Strategy,
Policy, and Plans, an Assistant Secretary for
International Affairs and not more than five additional
Assistant Secretaries with divided responsibility for
the following areas:
``(i) Counterterrorism, threat prevention,
and screening and vetting, including
biometrics.
``(ii) Border security and immigration.
``(iii) Cybersecurity and infrastructure
security.
``(iv) Law enforcement.
``(v) Trade and economic security.''; and
(D) by adding at the end the following new
paragraphs:
``(3) Limitation on establishment of assistant secretary
positions.--No Assistant Secretary position may be established
in addition to the positions provided for by this section
unless such position is authorized by a statute enacted after
the date of the enactment of this paragraph.
``(4) Under secretary for management.--The Under Secretary
for Management shall serve a five-year term.'';
(2) in subsection (g)--
(A) in paragraph (1), by striking ``or vacancy in
office, neither the Secretary nor Deputy Secretary is''
and inserting ``vacancy in office, or if the Secretary,
Deputy Secretary, or Associate Secretary are not''; and
(B) by amending paragraph (2) to read as follows:
``(2) Further order of succession.--Notwithstanding chapter
33 of title 5, United States Code, the Secretary may designate
such other official of the Department--
``(A) in further order of succession, to serve as
Acting Secretary, in a manner that requires such
official to have served in the Department for at least
90 days prior to such designation in either the
position of the head of a component or in another
position by and with the advice and consent of the
Senate, or in the event that an official meeting this
criteria is not available, in a manner that requires
such official to have served for at least 90 days prior
to such designation in the Senior Executive Service
within the Department; and
``(B) to serve as the acting head of a component,
in the event that the head of a component vacates the
position, in a manner that requires such official to
have served for at least 90 days prior to such
designation in the Senior Executive Service.''; and
(3) by adding at the end the following new subsections:
``(h) Intra-Departmental Disputes.--On behalf of the Secretary, the
Deputy Secretary shall have authority to resolve any intra-departmental
disputes that may arise between two or more components where one
component is under the purview of the Associate Secretary. The
Associate Secretary may appeal a resolution issued by the Deputy
Secretary to the Secretary.
``(i) Assistant Secretary for Legislative Affairs.--
``(1) In general.--The Assistant Secretary for Legislative
Affairs shall--
``(A) serve as the primary liaison to Congress; and
``(B) maintain one internal reporting structure for
engaging with authorizing and appropriating
congressional committees.
``(2) Limitation on deputy assistant secretary for
legislative affairs positions.--There shall be within the
Office of Legislative Affairs at the Department not more than
two, Deputy Assistant Secretary for Legislative Affairs
positions, one for each chamber of Congress.
``(j) Department Reports.--
``(1) In general.--Notwithstanding any other provision of
law, any report that the Department or a component of the
Department is required to submit to the Committee on
Appropriations of the House of Representatives or the Committee
on Appropriations of the Senate under any provision of law
shall be submitted concurrently to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate.
``(2) Applicability.--Paragraph (1) shall apply with
respect to any report described in such paragraph that is
submitted on or after the date of the enactment of this
subsection.
``(3) Notice.--The Secretary shall notify, in writing, the
chairmen and ranking members of the authorizing and
appropriating congressional committees of jurisdiction
regarding policy memoranda, management directives, and
reprogramming notifications issued by the Department.''.
SEC. 103. ENHANCED INTEGRATION.
(a) Integration Initiative.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Under Secretary for Management
of the Department, in coordination with the heads of components
of the Department, shall establish an initiative to identify
opportunities to enhance integration of management and
operational functions across the components and offices of the
Department.
(2) Submission of information.--The Under Secretary for
Management shall submit to the Secretary information relating
to opportunities identified pursuant to paragraph (1) before
implementation of activities intended to leverage such
opportunities.
(b) Reports.--
(1) Initiative report.--
(A) In general.--Not later than one year after the
date of the enactment of this Act and annually
thereafter through 2025, 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
relating to the initiative established pursuant to
subsection (a).
(B) Elements.--Each report required under
subparagraph (A) shall include information relating to
each opportunity identified by the Secretary pursuant
to subsection (a)(1) that includes--
(i) the goal of each such opportunity;
(ii) the estimated timeline for
implementation of each such opportunity; and
(iii) estimated costs or cost avoidances
associated with the implementation of each such
opportunity.
(2) Integration report.--Not later than one year after the
date of the enactment of this Act and annually thereafter
through 2025, 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 that includes--
(A) information relating to plans to address any
unresolved management challenges identified by the
Comptroller General in the most recent biennial High-
Risk List or successor report;
(B) information relating to any joint task forces
in operation or planned to be established pursuant to
section 708 of the Homeland Security Act of 2002 (6
U.S.C. 348), including the level of participation by
offices and components of the Department in each such
joint task force;
(C) a list of common capability gaps or mission
needs among offices and components of the Department
identified by the Joint Requirements Council
established pursuant to section 890D of the Homeland
Security Act of 2002, as added by this Act;
(D) information relating to any proposed changes
with respect to the organization of the Department that
would be subject to section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452), including specific
information relating to the purpose and expected
benefits of such changes; and
(E) any other information relevant to the efforts
of the Secretary to enhance integration of management
and operational functions across the components and
offices of the Department.
TITLE II--INTELLIGENCE AND ANALYSIS REFORMS
SEC. 201. ENHANCED DEPARTMENTAL OVERSIGHT OF CERTAIN INTELLIGENCE
MATTERS.
Paragraph (9) of section 201(d) of the Homeland Security Act of
2002 (6 U.S.C. 121(d)) is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) any intelligence information under this Act
is, to the extent practicable, shared, retained, and
disseminated consistent with the protection of privacy
rights, civil rights, and civil liberties, as
determined, respectively, by the Chief Privacy Officer
and the Officer for Civil Rights and Civil
Liberties.''.
SEC. 202. DEPARTMENT OF HOMELAND SECURITY SUPPORT FOR THE NATIONAL
NETWORK OF FUSION CENTERS.
Section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h)
is amended--
(1) in subsection (b)(1), by inserting ``, including such
advice and assistance relating to privacy, civil rights, and
civil liberties training,'' after ``advice and assistance'';
(2) in subsection (c), by adding at the end the following
new paragraph:
``(7) Privacy, civil rights, and civil liberties
advisors.--The Chief Privacy Officer of the Department and the
Officer for Civil Rights and Civil Liberties of the Department,
in coordination with the Under Secretary for Intelligence and
Analysis shall, to the extent practicable, assign personnel to
assist the fusion centers that participate in the State, Local,
and Regional Fusion Center Initiative, including employees of
such fusion centers who are responsible for privacy, civil
rights, and civil liberties efforts within such fusion
centers.'';
(3) by redesignating subsections (k) and (l) as subsections
(n) and (o), respectively; and
(4) by inserting after subsection (j) the following new
subsections:
``(k) Self-Assessment.--
``(1) In general.--
``(A) Dissemination.--Not later than one year after
the date of the enactment of this subsection, the
Secretary shall disseminate to each fusion center
participating in the State, Local, and Regional Fusion
Center Initiative and receiving a grant from the
Department, guidance with respect to--
``(i) conducting a self-assessment relating
to adherence to privacy, civil rights, and
civil liberties protections and polices; and
``(ii) applicable training relating to such
protections and policies.
``(B) Return.--Not later than August 31, 2022, and
annually thereafter, such fusion centers shall submit
to the Secretary the self-assessments required under
clause (i) of subparagraph (A).
``(2) Inspector general review.--
``(A) Submission of self-assessments.--Not later
than September 30, 2022, and annually thereafter, the
Under Secretary for Intelligence and Analysis shall
submit to the Inspector General of the Department the
self-assessments submitted to the Under Secretary
pursuant to paragraph (1)(B).
``(B) Review.--Not later than 90 days after the
receipt of the self-assessments required under
subparagraph (A) and annually thereafter, the Inspector
General shall--
``(i) review a representative sampling, as
determined by the Inspector General, of the
policies, practices, and performance with
respect to privacy, civil rights, and civil
liberties of the fusion centers participating
in the State, Local, and Regional Fusion Center
Initiative to determine the adherence to
privacy, civil rights, and civil liberties
polices, including training of such centers;
and
``(ii) annually rotate the fusion centers
subject to such sampling and review diverse
fusion centers with respect to the metropolitan
areas, States, or regions in which such fusion
centers operate.
``(l) Comptroller General.--Beginning on the date that is one year
after the date of the enactment of this subsection and triennially
thereafter, the Comptroller General of the United States shall submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a review of the use of emerging technologies, including facial
recognition, artificial intelligence, and machine learning, by fusion
centers participating in the State, Local, and Regional Fusion Center
Initiative, and the effects of such technologies on the privacy, civil
rights, and civil liberties of the American public. Each such review
shall evaluate not fewer than--
``(1) three such fusion centers that serve high-risk urban
areas (as such term is defined in section 2003); and
``(2) two State fusion centers.''.
SEC. 203. DOMESTIC TERRORISM ANALYTIC UNIT.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
following new section:
``SEC. 211. ANALYTIC UNIT TO DEVELOP INTELLIGENCE PRODUCTS RELATING TO
DOMESTIC TERRORISM.
``(a) Establishment.--There is established within the Office of
Intelligence and Analysis of the Department an analytic unit (in this
section to be referred to as the `analytic unit') to serve as a focal
point within the Department for intelligence and analysis of domestic
terrorism threats.
``(b) Personnel.--
``(1) Composition.--The analytic unit shall be--
``(A) headed by a Director appointed by the Under
Secretary; and
``(B) composed of--
``(i) not fewer than five full-time
equivalent staff members; and
``(ii) any additional staff detailed from
Federal agencies.
``(2) Training requirements.--Each member of the analytic
unit shall complete--
``(A) annual training relating to intelligence,
analysis, and information sharing practices (as such
practices relate to open source information);
``(B) annual privacy and civil liberties training
that is developed, supported, or sponsored by the
Privacy Officer of the Department appointed under
section 222 and the Officer for Civil Rights and Civil
Liberties of the Department, in consultation with the
Privacy and Civil Liberties Oversight Board established
under section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee);
and
``(C) such other training prescribed by the Under
Secretary.
``(c) Responsibilities.--The responsibilities of the analytic unit
shall include:
``(1) Producing--
``(A) in classified and unclassified formats, and
``(B) by integrating open source information in a
manner consistent with the privacy and civil liberties
training provided pursuant to subsection (b)(2)(B),
intelligence products relating to domestic terrorism threats.
``(2) Disseminating such products and conducting briefings
relating to such products for--
``(A) Federal, State, Tribal, territorial, and
local agencies;
``(B) State, local, and regional fusion centers;
and
``(C) private sector stakeholders, as appropriate.
``(3) Improving understanding within the Department and
among the entities receiving disseminated products and
briefings pursuant to paragraph (2) with respect to--
``(A) the degree to which threats identified in
such products may have a nexus to foreign terrorist
organizations, transnational criminal organizations,
foreign countries, or other foreign non-state actors
engaged in malign foreign influence campaigns; and
``(B) trend analysis relating to--
``(i) whether such threats are identified
in the physical domain or cyberspace; and
``(ii) the degree to which such threats may
impact or reinforce each other; and
``(C) information relating to any relations between
such threats and targeted violence.
``(d) Briefings.--Not later than 180 days after the date of the
enactment of this section and biannually thereafter through 2026, the
Under Secretary shall provide to the appropriate congressional
committees a briefing relating to the implementation of this section.
``(e) Reports.--
``(1) In general.--Not later than one year after the date
of the enactment of this section and annually thereafter
through 2026, the Under Secretary shall submit to the
appropriate congressional committees a report relating to the
annual operation of the analytic unit. Each such report shall
include the following:
``(A) A summary of each product produced or
disseminated pursuant to paragraphs (1) or (2),
respectively, of subsection (c).
``(B) Information relating to each briefing
pursuant to subsection (c)(2), including--
``(i) the number of such briefings
conducted;
``(ii) a summary of each such briefing; and
``(iii) the name of the entity specified in
such subsection that received such a briefing.
``(C) Information relating to personnel within the
analytic unit, including--
``(i) the number of full-time equivalent
staff and personnel detailed from Federal
agencies;
``(ii) any memoranda of understanding to
facilitate the detailing of such personnel from
other Federal agencies; and
``(iii) information relating to activities
to attract and retain a diverse workforce
within the analytic unit.
``(D) Information relating to--
``(i) the provision of training pursuant to
subsection (b)(2); and
``(ii) activities carried out pursuant to
subsection (c)(3).
``(2) GAO report.--Not later than one year after the date
on which the initial report required under subsection (e)(1) is
submitted to the appropriate congressional committees and
annually thereafter through 2026, the Comptroller General of
the United States shall submit to the appropriate congressional
committees a review of the implementation of this section that
includes an evaluation of such report for the corresponding
year.
``(f) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security, the
Committee on the Judiciary, and the Permanent Select
Committee on Intelligence of the House of
Representatives; and
``(B) the Committee on Homeland Security and
Governmental Affairs, the Committee on the Judiciary,
and the Select Committee on Intelligence of the Senate.
``(2) Cyberspace.--The term `cyberspace' means the
interdependent network of information technology
infrastructures, that includes the internet, telecommunications
networks, computer systems, and embedded processors and
controllers.
``(3) Domestic terrorism.--The term `domestic terrorism'
has the meaning given the term in section 2331(5) of title 18,
United States Code.
``(4) Foreign terrorist organization.--The term `foreign
terrorist organization' means an organization designated
pursuant to section 219 of the Immigration and Nationality Act
(8 U.S.C. 1189).
``(5) Fusion center.--The term `fusion center' has the
meaning given the term in section 210A(k)(1).
``(6) Information technology.--The term `information
technology' has the meaning given the term in section 11101 of
title 40, United States Code.
``(7) Malign foreign influence campaigns.--The term `malign
foreign influence campaigns' means the coordinated application
of state diplomatic, informational, military, economic,
business, corruption, educational, or other capability by
foreign state actors or foreign non-state actors to the United
States to affect elections in the United States.
``(8) Personally identifiable information.--The term
`personally identifiable information' means any information
about an individual elicited, collected, stored, or maintained
by an agency, including the following:
``(A) Any information that can be used to
distinguish or trace the identity of an individual,
such as a name, a social security number, a date and
place of birth, a mother's maiden name, or biometric
records.
``(B) Any other information that is linked or
linkable to an individual, such as medical,
educational, financial, or employment information.
``(9) Targeted violence.--The term `targeted violence'
means any incident of violence in which an attacker selected a
particular target in order to inflict mass injury or death
without a clearly discernible political or ideological
motivation beyond mass injury or death.
``(10) Under secretary.--The term `Under Secretary' means
the Under Secretary for Intelligence and Analysis of the
Department.''.
(b) Rule of Construction.--Nothing in this section or the
amendments made by this section may be construed to--
(1) confer any additional authority, including law
enforcement and surveillance authority, beyond that which is
authorized under existing law to the Under Secretary for
Intelligence and Analysis; or
(2) abrogate, diminish, or weaken the provisions of any
Federal or State law that prevents or protects against the
unauthorized collection or release of personal records or
personally identifiable information (as such term is defined in
section 211(f)(8) of the Homeland Security Act of 2002, as
added by this section).
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 210G the following new item:
``Sec. 211. Analytic unit to develop intelligence products relating to
domestic terrorism.''.
SEC. 204. REPORT RELATING TO FOREIGN WHITE SUPREMACIST EXTREMIST
ORGANIZATIONS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Chair of the Counter Threats Advisory Board,
established pursuant to section 210F(a) of the Homeland Security Act of
2002 (6 U.S.C. 124m-1(a)), shall submit to the appropriate
congressional committees a report relating to current efforts with
respect to combating violence by foreign white supremacist extremist
organizations--
(1) inside the United States; and
(2) against individuals and interests of the United States
abroad.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security of the House
of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate.
(2) Foreign white supremacist extremist organization.--The
term ``foreign white supremacist extremist organization'' means
an organization based outside of the United States that seeks,
in whole or in part, through unlawful acts of force or
violence, to further the belief in the intellectual and moral
superiority of the white race over other races.
TITLE III--OFFICERS, OFFICES, AND POLICIES
Subtitle A--Officers, Integration, and Policymaking
SEC. 301. CHIEF PRIVACY OFFICER.
Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``to be the Chief Privacy
Officer of the Department'' after ``in the
Department''; and
(ii) by striking ``to the Secretary, to
assume'' and inserting ``to the Secretary. Such
official shall have'';
(B) in paragraph (5)(B), by striking ``and'' at the
end;
(C) by striking paragraph (6); and
(D) by inserting after paragraph (5) the following
new paragraphs:
``(6) developing guidance to assist components and offices
of the Department in developing privacy policies and practices;
``(7) establishing a process to ensure components and
offices of the Department are in compliance with Federal,
regulatory, statutory, and Department privacy requirements,
mandates, directives, and policies;
``(8) working with the Chief Information Officer of the
Department to identify methods for managing the records,
management policies, and procedures of the Department;
``(9) working with components and offices of the Department
to ensure information sharing activities incorporate privacy
protection procedures;
``(10) serving as the Chief FOIA Officer of the Department
for purposes of subsection (j) of section 552 of title 5,
United States Code (popularly known as the `Freedom of
Information Act'), to manage and process requests related to
such section;
``(11) developing guidance on procedures to be followed by
individuals making requests for information under section 552
of title 5, United States Code;
``(12) overseeing in the Department the management and
processing of requests for information under section 552 of
title 5, United States Code;
``(13) providing component heads with input on the
management of their respective FOIA offices, including
recruiting and hiring component FOIA officers, budget
formulation, and organizational placement within each such
component;
``(14) issuing guidance to relevant components and offices
of the Department to ensure compliance with unified disclosure,
processing, and training policies in accordance with section
552 of title 5, United States Code;
``(15) identifying and eliminating unnecessary and
duplicative actions taken by the Department with respect to
processing requests for information under section 552 of title
5, United States Code;
``(16) preparing an annual report to Congress that
includes--
``(A) a description of the activities of the
Department that affect privacy during the fiscal year
covered by each such report, including complaints of
privacy violations, implementation of section 552a of
title 5, United States Code (popularly known as the
`Privacy Act of 1974'), internal controls, and other
matters; and
``(B) the number of new technology programs
implemented in the Department during the fiscal year
covered by each such report, the number of such
programs that the Chief Privacy Officer has evaluated
to ensure that privacy protections are considered and
implemented, the number of such programs that
effectively implemented privacy protections into new
technology programs, and an explanation of why any new
programs did not effectively implement privacy
protections;
``(17) coordinate with the Under Secretary for Intelligence
and Analysis to--
``(A) ensure that any information under this Act
is, to the extent practicable, shared, retained, and
disseminated in a manner consistent with the protection
of privacy rights; and
``(B) provide to intelligence personnel training
relating to privacy rights, regulations, and
information practices as specified in section 552a of
title 5, United States Code, and other relevant laws,
focusing on personnel who have--
``(i) the authority to disseminate
information analyzed by the Department pursuant
to paragraph (6) of section 201(d); or
``(ii) the responsibility to review
information to be disseminated pursuant to such
paragraph; and
``(18) carrying out other responsibilities as the Secretary
determines appropriate.''; and
(2) by adding at the end the following new subsections:
``(f) Reassignment of Functions.--Notwithstanding subsection
(a)(10), the Secretary may reassign the functions related to managing
and processing requests for information under section 552 of title 5,
United States Code, to another official within the Department,
consistent with the requirements of such section.
``(g) Privacy Working Group.--
``(1) In general.--The Chief Privacy Officer, or, if the
Secretary determines appropriate, an individual designated by
the Secretary as the Chief FOIA Officer, shall establish and
serve as the Chair of a working group comprised of personnel
from across the Department who are involved in executing
disclosure policies and processes relating to the
administration of section 552 of title 5, United States Code,
in furtherance of improving the compliance of the Department
with such section 552.
``(2) Purpose.--The working group established in accordance
with paragraph (1) shall be a forum--
``(A) for the sharing of information and best
practices; and
``(B) to develop solutions to challenges relating
to disclosure policies and processes, referred to in
such paragraph, encountered within components and
offices of the Department.
``(3) Responsibilities.--Members of the working group shall
meet not less than once every quarter to advise the Chair on
matters concerning disclosure policies and processes relating
to the administration of section 552 of title 5, United States
Code, including the following matters:
``(A) The development of guidance for uniform
disclosure policies and processes, in accordance with
paragraph (14) of subsection (a).
``(B) Ways to reduce unnecessary redundancies that
may undermine the responsive and efficient processing
of requests for information under such section 552.''.
SEC. 302. UNDER SECRETARY FOR MANAGEMENT.
Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``and
acquisition management'' after ``Procurement''; and
(B) in paragraph (6), by inserting ``(including
firearms and other sensitive assets)'' after
``equipment'';
(2) by redesignating subsection (d), the first subsection
(e) (relating to the system for award management consultation),
and the second subsection (e) (relating to the definition of
interoperable communications) as subsections (e), (f), and (g),
respectively;
(3) by inserting after subsection (c) the following new
subsection:
``(d) Acquisition and Related Responsibilities.--
``(1) In general.--Notwithstanding section 1702(a) of title
41, United States Code, the Under Secretary for Management
shall be Chief Acquisition Officer of the Department. As Chief
Acquisition Officer, the Under Secretary shall have the
authorities and perform the functions specified in section
1702(b) of such title, and perform all other functions and
responsibilities delegated by the Secretary or described in
this subsection.
``(2) Functions and responsibilities.--In addition to the
authorities and functions specified in section 1702(b) of title
41, United States Code, the functions and responsibilities of
the Under Secretary for Management related to acquisition (as
such term is defined in section 830) shall include the
following:
``(A) Advising the Secretary with respect to
acquisition management activities, including--
``(i) accounting for risks of failure to
achieve cost, schedule, or performance
parameters; and
``(ii) ensuring the Department achieves its
mission through the adoption of widely accepted
program management best practices (as such term
is defined in section 830) and standards.
``(B) Leading the Acquisition Review Board
established pursuant to section 838.
``(C) Synchronizing interagency coordination
relating to acquisition programs and acquisition
management efforts of the Department.
``(D) Exercising the acquisition decision authority
(as such term is defined in section 830) to approve,
pause, modify (including the rescission of approvals of
program milestones), or cancel major acquisition
programs (as such term is defined in section 830),
unless the Under Secretary delegates such authority to
a Component Acquisition Executive (as such term is
defined in section 830) pursuant to paragraph (3).
``(E) 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 the strategic and performance
plans of the Department;
``(ii) the acquisition is for a program
with significant program or policy
implications; and
``(iii) the Secretary determines that such
scrutiny and oversight for the acquisition is
proper and necessary.
``(F) Establishing policies for managing
acquisitions across the Department that promote best
practices (as such term is defined in section 830).
``(G) Ensuring each major acquisition program has a
Department-approved acquisition program baseline (as
such term is defined in section 830), pursuant to the
acquisition management policy of the Department, that
is traceable to the life-cycle cost estimate of the
program, integrated master schedule, and operational
requirements.
``(H) Assisting the heads of components and
Component Acquisition Executives in efforts to comply
with Federal law, the Federal Acquisition Regulation,
and Department acquisition management directives.
``(I) Ensuring contracts, grants, and financial
assistance are provided only to individuals and
organizations that are not suspended or debarred.
``(J) Distributing guidance throughout the
Department to ensure that contractors involved in
acquisitions, including contractors that access the
information systems and technologies of the Department,
adhere to relevant Department policies related to
physical and information security as identified by the
Under Secretary for Management.
``(K) Overseeing the Component Acquisition
Executive organizational structure to ensure Component
Acquisition Executives have sufficient capabilities and
comply with Department acquisition policies.
``(L) Developing and managing a professional
acquisition workforce to ensure the goods and services
acquired by the Department meet the needs of the
mission and are at the best value for the expenditure
of public resources.
``(3) Delegation of certain acquisition decision
authority.--The Under Secretary for Management may delegate
acquisition decision authority, in writing, to the relevant
Component Acquisition Executive for a major capital asset,
service, or hybrid acquisition program that has a life-cycle
cost estimate of at least $300,000,000 but not more than
$1,000,000,000, based on fiscal year 2021 constant dollars,
if--
``(A) the component has in place policies,
processes, and procedures that are consistent with the
acquisition policy of the Department;
``(B) the Component Acquisition Executive has an
adequate staff of experienced employees with applicable
program management training; and
``(C) each major acquisition program concerned has
a Department-approved acquisition program baseline and
it is meeting agreed-upon cost, schedule, and
performance thresholds.
``(4) Relationship to under secretary for science and
technology.--The Under Secretary for Management and the Under
Secretary for Science and Technology shall coordinate in
matters related to Department-wide acquisitions.''; and
(4) by amending subsection (f), as so redesignated, to read
as follows:
``(f) Sensitive Assets Defined.--In this section, the term
`sensitive assets' means any asset, regardless of value--
``(1) that the Department issues to a Department employee;
and
``(2) that either the Under Secretary for Management or a
head of a component determines such asset requires special
control and accounting.''.
SEC. 303. CHIEF FINANCIAL OFFICER.
Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 342) is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Responsibilities.--In carrying out the responsibilities,
authorities, and functions specified in section 902 of title 31, United
States Code, the Chief Financial Officer shall--
``(1) oversee Department budget formulation and execution;
``(2) provide guidance with respect to performance-based
budgeting practices for the Department;
``(3) develop cost-estimating practices for the Department,
including policies relating to cost-estimating and approval of
life-cycle cost estimates;
``(4) coordinate with the Office of Strategy, Policy, and
Plans to ensure the development of the budget for the
Department is compatible with the long-term strategic plans,
priorities, and policies of the Secretary;
``(5) develop and manage the financial management policy of
the Department, including effective internal controls with
respect to financial reporting systems and processes;
``(6) provide guidance relating to financial system
modernization efforts throughout the Department;
``(7) develop and lead the efforts of the Department with
respect to financial oversight, including identifying ways to
streamline and standardize business processes;
``(8) oversee the costs of acquisition programs and related
activities to ensure--
``(A) that actual and planned costs are in
accordance with budget estimates; or
``(B) adequate funding throughout the life-cycle of
such programs and activities;
``(9) implement, by fiscal year 2022, a Department-wide
common accounting structure;
``(10) track, approve (where appropriate), oversee, and
make public information relating to expenditures by components
and offices of the Department for conferences, as appropriate,
including by requiring each component and office to--
``(A) submit to the Inspector General of the
Department, the Committee on Homeland Security of the
House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate a
report relating to the expenditures by such component
or office for each conference hosted or attended by
Department employees for which the total expenditures
exceeded $50,000, based on fiscal year 2021 constant
dollars, not later than 15 days after the day on which
the conference ends; and
``(B) with respect to such expenditures, provide--
``(i) the information described in
subsections (a), (b), and (c) of section 739 of
title VII of division E of the Consolidated and
Further Continuing Appropriations Act, 2015
(Public Law 113-235); and
``(ii) documentation of such expenditures;
and
``(11) submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate any report delivered to
any other committee of the House of Representatives or Senate
relating to the financial functions of the Department.''.
SEC. 304. CHIEF INFORMATION OFFICER.
(a) In General.--Section 703 of the Homeland Security Act of 2002
(6 U.S.C. 343) is amended--
(1) in subsection (a), by adding at the end the following
new sentence: ``In addition to the functions under section
3506(a)(2) of title 44, United States Code, the Chief
Information Officer shall perform the functions set forth in
this section and such other functions as may be assigned by the
Secretary.'';
(2) by redesignating subsection (b) as subsection (f);
(3) by inserting after subsection (a) the following new
subsections:
``(b) Responsibilities.--The Chief Information Officer shall--
``(1) serve as the lead technical authority for information
technology programs of the Department;
``(2) advise and assist the Secretary, heads of the
components of the Department, and other senior officials in
carrying out the responsibilities of the Department with
respect to information technology for all activities relating
to the budget, programs, security, and operations;
``(3) to the extent delegated by the Secretary, exercise
authority over Department information technology management and
establish the information technology priorities, policies,
processes, standards, guidelines, and procedures of the
Department to ensure interoperability and standardization of
information technology;
``(4) establish criteria for--
``(A) identifying mission critical and mission
essential information systems of the Department;
``(B) maintaining a consolidated inventory of such
systems; and
``(C) developing and maintaining contingency plans
for responding to a disruption in the operation of any
of such systems;
``(5) maintain the security, visibility, reliability,
integrity, and availability of data and information technology
of the Department;
``(6) in consultation with the Chief Procurement Officer of
the Department, establish and implement policies and procedures
to identify and manage vulnerabilities in the supply chain
relating to the purchase of information technology;
``(7) review contracts and interagency agreements
associated with major information technology investments and
information technology investments that have had cost,
schedule, or performance challenges in the past;
``(8) assess the risk of all major information technology
investments and publicly report the risk rating to the Office
of Management and Budget; and
``(9) carry out any other responsibilities delegated by the
Secretary consistent with an effective information system
management function.
``(c) Information Technology Strategic Plan.--
``(1) Strategic plan.--Not later than October 1, 2023, and
every five years thereafter, the Chief Information Officer, in
coordination with the Chief Financial Officer, shall submit to
the appropriate congressional committees a successor
information technology strategic plan.
``(2) Elements.--The strategic plan required under
paragraph (1) shall include the following:
``(A) An analysis to determine if the budget of the
Department aligns with priorities specified in the
information technology strategic plan required under
paragraph (1).
``(B) Information relating to--
``(i) the information technology priorities
of the Department;
``(ii) whether such priorities were funded
by the Department; and
``(iii) if such priorities were not so
funded, the reasons relating thereto.
``(C) Information relating to the Department
identifying and addressing skills gaps needed to
implement the information technology strategic plan.
``(D) Information relating to the identification of
duplicate information technology within the components
of the Department and the removal of such technology.
``(d) Acquisition Responsibilities.--In addition to the
responsibilities specified in section 11315 of title 40, United States
Code, the Chief Information Officer, in consultation with the Under
Secretary for Management, shall--
``(1) oversee the management of the Homeland Security
Enterprise Architecture;
``(2) ensure that before each acquisition decision event
(as such term is defined in section 830), information
technology aspects of acquisition programs comply with any
departmental information technology management requirements,
security protocols, and the Homeland Security Enterprise
Architecture; and
``(3) provide recommendations relating to information
technology programs and developing information technology
acquisitions strategic guidance to the Acquisition Review Board
of the Department.
``(e) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional 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 Appropriations of the Senate.'';
and
(4) by adding at the end the following new subsection:
``(g) Chief Data Officer.--
``(1) In general.--The Secretary, in consultation with the
Chief Information Officer, shall designate a career appointee
of the Department as the Chief Data Officer of the Department.
``(2) Qualifications.--The Chief Data Officer shall possess
training and experience with respect to management, governance,
generation, collection, protection, analysis, use, and sharing
of data, including the protection and de-identification of
personally identifiable information.
``(3) Functions.--The Chief Data Officer, in addition to
carrying out the functions set forth in section 3520 of title
44, United States Code, shall be responsible for the following:
``(A) Ensuring the Department conforms with data
management best practices recognized across the private
sector and the Federal Government.
``(B) Coordinating the organization and integration
of data across the Department for improved
interoperability, analysis, and decision-making.
``(C) Reviewing the impact of the infrastructure of
the Department regarding data integrity and
interoperability.
``(D) Coordinating the release of data for public
use following appropriate privacy reviews within the
Department, as coordinated with the Chief Privacy
Officer of the Department.
``(E) Promoting innovation in the use of data by
the Department to improve Department management and
operations.
``(F) Coordinating the storage of Department
records in accordance with the General Records
Schedules of the National Archives and Records
Administration.
``(G) Publishing guidance for revising record
schedule proposals, including guidelines for keeping a
written record of justification for such revisions.
``(H) Overseeing, in consultation with the Chief
Privacy Officer, as appropriate, the compliance of the
Department with respect to--
``(i) issuing guidelines ensuring the
quality, objectivity, utility, and integrity of
information, including statistical information;
``(ii) establishing administrative
mechanisms that allow affected persons to seek
and obtain correction of information maintained
and disseminated by relevant components of the
Department that does not comply with the
guidelines of the Department; and
``(iii) reporting to the Director of the
Office of Management and Budget the number and
nature of complaints received by relevant
components of the Department relating to the
accuracy of information disseminated and the
handling of such complaints by such components.
``(I) Coordinating with appropriate officials of
the Department, including the Chief Privacy Officer,
component privacy officers, component Chief Data
Officers, and program managers, regarding the use of
data within their respective components and under their
authorities.
``(J) Serving as the liaison to the Office of
Management and Budget and other Federal agencies with
respect to using existing Department data for
statistical purposes.
``(4) Component chief data officers.--The heads of each
operational component of the Department, in consultation with
the Chief Data Officer of the Department and the Chief
Information Officer of such component, shall designate a career
appointee from each such component as the Chief Data Officer of
such component. Each such component Chief Data Officer shall--
``(A) possess the qualifications described in
paragraph (2); and
``(B) coordinate with and assist the Chief Data
Officer of the Department in the implementation of the
functions specified in subparagraphs (A) through (F) of
paragraph (3) for their respective component.
``(5) Reports.--Not later than 180 days after the date of
the enactment of this subsection and annually thereafter, the
Secretary shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report
relating to the implementation of this subsection and any
concerns regarding such implementation.
``(6) Definition.--In this subsection, the term `career
appointee' has the meaning given such term in section 3132 of
title 5, United States Code.''.
(b) Software Licensing.--
(1) Report.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act and every two years
thereafter until 2025, the Chief Information Officer of
the Department, in consultation with Department
component chief information officers, shall submit to
the Secretary, the Committee on Homeland Security of
the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the
Senate a report relating to the software licenses of
the Department.
(B) Elements.--The report required under
subparagraph (A) shall include--
(i) a Department-wide inventory of all
existing software licenses held by the
Department;
(ii) an assessment of--
(I) the needs of the Department and
the components of the Department with
respect to software licenses for the
subsequent two fiscal years;
(II) how the Department can achieve
the greatest possible economies of
scale and cost savings in the
procurement of software licenses; and
(III) how the use of shared cloud-
computing services will impact the
needs for software licenses for the
subsequent two fiscal years; and
(iii) plans for eliminating unutilized
software licenses for the subsequent two fiscal
years.
(2) Plan to reduce software licenses.--Not later than 90
days after the date on which the report required under
paragraph (1) is submitted, if the Chief Information Officer of
the Department determines the number of software licenses held
by the Department and the components of the Department exceed
the needs of the Department pursuant to the findings of such
report, the Secretary shall establish a plan for reducing the
number of such software licenses to meet the needs of the
Department.
(3) Comptroller general review.--Not later than December
30, 2023, the Comptroller General shall report on the extent to
which the Chief Information Officer of the Department has
fulfilled all requirements established by this section and the
amendments made by this section.
(4) Completion of first definition of capabilities.--Not
later than one year after the date of the enactment of this
Act, the Chief Information Officer of the Department shall
complete the first information technology strategic plan
required under subsection (c) of section 701 of the Homeland
Security Act of 2002, as added by subsection (a) of this
section.
SEC. 305. CHIEF HUMAN CAPITAL OFFICER.
Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``, including with respect
to leadership development and employee
engagement,'' after ``policies'';
(ii) by striking ``and in line'' and
inserting ``, in line''; and
(iii) by inserting ``and informed by best
practices within the Federal Government and the
private sector,'' after ``priorities,'';
(B) in paragraph (2), by striking ``develop
performance measures to provide a basis for monitoring
and evaluating'' and inserting ``evaluate, on an
ongoing basis,'';
(C) in paragraph (3), by inserting ``that, to the
extent practicable, are informed by employee feedback''
after ``policies'';
(D) in paragraph (4), by inserting ``including
internship, leadership development, and employee
engagement programs,'' before ``in coordination'';
(E) in paragraph (5), by inserting before the
semicolon at the end the following: ``that is informed
by an assessment, carried out by the Chief Human
Capital Officer, of the learning and developmental
needs of employees in supervisory and non-supervisory
roles across the Department and appropriate workforce
planning initiatives'';
(F) by redesignating paragraphs (9) and (10) as
paragraphs (12) and (13), respectively;
(G) by inserting after paragraph (8) the following
new paragraphs:
``(9) maintain a catalogue of available internship and
employee development opportunities, including the Homeland
Security Rotation Program pursuant to section 844, departmental
leadership development programs, interagency development
programs, and other rotational programs;
``(10) ensure that employee discipline and adverse action
programs comply with the requirements of all pertinent laws,
rules, regulations, and Federal guidance, and ensure due
process for employees;
``(11) analyze each Department or Government-wide Federal
workforce satisfaction or morale survey within 90 days of the
publication of any such survey and submit to the Secretary such
analysis and, as appropriate, any recommendations to improve
workforce satisfaction or morale within the Department;'';
(H) in paragraph (12), as so redesignated, by
striking ``and'' after the semicolon at the end;
(I) in paragraph (13), as so redesignated, by
striking the period at the end and inserting ``; and'';
and
(J) by adding at the end the following new
paragraph:
``(14) oversee the consolidation, integration, and
modernization of the human capital information technology
infrastructure of the Department, including systems to manage
employee and contractor training records and employee
performance records.'';
(2) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively;
(3) by inserting after subsection (c) the following new
subsections:
``(d) Chief Learning and Engagement Officer.--The Chief Human
Capital Officer may designate an employee of the Department to serve as
a Chief Learning and Engagement Officer to assist the Chief Human
Capital Officer in carrying out this section.
``(e) Internship Programs.--
``(1) In general.--In carrying out the responsibilities
identified in subsections (b)(4) and (b)(9), the Chief Human
Capital Officer shall, in coordination with all the components
of the Department--
``(A) regularly review the catalogue of internships
to--
``(i) ensure each purpose, structure, and
eligibility requirements of the program align
with Department and component workforce
strategies; and
``(ii) eliminate unnecessary or duplicative
programs;
``(B) maintain data relating to the number of
participants, including attrition and graduation rates,
for each internship program by each fiscal year;
``(C) identify opportunities and processes to hire
internship participants that satisfactorily complete
program requirements to permanent positions;
``(D) track the hiring rates of internship
participants to permanent positions within the
Department or components by program; and
``(E) share lessons learned and opportunities for
improving the management and administration of
internship programs within the Department and
components of the Department.
``(2) Definitions.--In this subsection, the term
`internship' means any program that provides temporary
employment or work experience to participants, including
current students and recent graduates.''; and
(4) in subsection (f), as so redesignated--
(A) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (4), and (5), respectively; and
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) information relating to--
``(A) employee development opportunities catalogued
pursuant to subsection (b)(9) and any available data
with respect to participation rates, attrition rates,
retention, and employee satisfaction;
``(B) the progress of Department-wide strategic
workforce planning efforts as determined pursuant to
subsection (b)(2);
``(C) the activities of the Employee Engagement
Steering Committee established pursuant to section 721,
including the number of meetings, types of materials
developed and distributed, and recommendations to the
Secretary; and
``(D) the implementation status of any
cybersecurity-focused personnel systems used to
recruit, retain, and manage mission critical
cybersecurity talent authorized pursuant to the
authority of the Secretary;''.
SEC. 306. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
(a) In General.--Section 705 of the Homeland Security Act of 2002
(6 U.S.C. 345) is amended--
(1) in the section heading, by striking ``establishment
of''; and
(2) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) In General.--There is established within the Department an
Office for Civil Rights and Civil Liberties. The head of such Office is
the Officer for Civil Rights and Civil Liberties, who shall report
directly to the Secretary.
``(b) Responsibilities.--The Officer for Civil Rights and Civil
Liberties shall carry out the following responsibilities:
``(1) Oversee compliance with constitutional, statutory,
regulatory, policy, and other requirements relating to the
civil rights and civil liberties of individuals affected by the
programs and activities of the Department.
``(2) Integrate civil rights and civil liberties
protections into all programs and activities of the Department.
``(3) Conduct civil rights and civil liberties impact
assessments, as appropriate, including prior to the
implementation of new Department regulations, initiatives,
programs, or policies.
``(4) Conduct periodic reviews of policies, procedures, and
activities of the Department relating to civil rights and civil
liberties.
``(5) Provide policy advice, recommendations, and other
technical assistance relating to civil rights and civil
liberties to the Secretary and to heads of components,
directorates, and offices and other personnel within the
Department.
``(6) Review, assess, and investigate complaints, including
complaints filed by members of the public, and information
indicating possible abuses of civil rights or civil liberties
at the Department, unless the Inspector General of the
Department determines that any such complaint should be
investigated by the Inspector General.
``(7) Initiate reviews, investigations, and assessments of
the administration of the programs and activities by the
Department relating to civil rights and civil liberties, as the
Officer determines necessary.
``(8) Coordinate with the Privacy Officer to ensure that--
``(A) programs, policies, and procedures involving
civil rights, civil liberties, and privacy
considerations are addressed in an integrated and
comprehensive manner; and
``(B) Congress receives appropriate reports
regarding such programs, policies, and procedures.
``(9) Lead the equal employment opportunity programs of the
Department, including complaint management and adjudication,
workforce diversity, and promotion of the merit system
principles.
``(10) Make publicly available through accessible
communications channels, including the website of the
Department--
``(A) information on the responsibilities and
functions of, and how to contact, the Office;
``(B) summary of reports of investigations that
result in final recommendations that are issued by the
Officer upon completion of investigations carried out
pursuant to paragraph (6); and
``(C) summaries of impact assessments issued by the
Officer and carried out pursuant to paragraph (3) or
(7).
``(11) Engage with individuals and communities whose civil
rights and civil liberties may be affected by programs and
activities of the Department, including by informing such
individuals and communities about report and redress processes
and advising the Secretary and heads of components,
directorates, offices, and other personnel within the
Department of concerns raised by such individuals and
communities.
``(c) Coordination With Inspector General.--
``(1) Authority to investigate possible abuses.--The
Officer for Civil Rights and Civil Liberties may investigate
any matter referred to in paragraph (6) or (7) of subsection
(b) after fulfilling the coordination requirements under
paragraph (2) with respect to such matter.
``(2) Coordination requirements.--
``(A) Referral of matters to inspector general.--
Before initiating any investigation described under
paragraph (1), the Officer for Civil Rights and Civil
Liberties shall refer the matter and all related
complaints to the Inspector General of the Department.
``(B) Inspector general responsibilities.--
``(i) Determination and notification.--Not
later than five business days after the receipt
of a matter referred under subparagraph (A),
the Inspector General shall--
``(I) make a determination
regarding whether the Inspector General
intends to initiate an audit or
investigation of the matter referred
under subparagraph (A); and
``(II) notify the Officer of such
determination.
``(ii) Audits and investigations.--If the
Inspector General notifies the Officer for
Civil Rights and Civil Liberties that the
Inspector General intends to initiate an audit
or investigation, the Inspector General shall--
``(I) initiate such audit or
investigate by not later than 90 days
after providing such notification; or
``(II) not later than three days
after the end of the 90-day period
specified in subclause (I), notify the
Officer that such audit or
investigation was not initiated.
``(C) Provision of assistance.--At the request of
the Inspector General, the Officer for Civil Rights and
Civil Liberties may provide assistance to the Inspector
General on any investigation or audit initiated by the
Inspector General based on a referral under
subparagraph (A).
``(D) Investigation by officer.--The Officer for
Civil Rights and Civil Liberties may investigate a
matter referred to the Inspector General under
subparagraph (A) only if--
``(i) the Inspector General notifies the
Officer for Civil Rights and Civil Liberties
that the Inspector General does not intend to
initiate an audit or investigation relating to
that matter; or
``(ii) the Inspector General provides
notification under subparagraph (B)(ii)(II)
that an audit or investigation was not
initiated.
``(d) Transparency.--
``(1) Complaints.--In the case of a complaint made
concerning complaints of abuses of civil rights and civil
liberties under paragraph (6) of subsection (b), the Officer
for Civil Rights and Civil Liberties shall--
``(A) provide to the individual who made the
complaint notice of the receipt of such complaint
within 30 days of receiving such complaint; and
``(B) inform the complainant of the determination
of the Officer regarding the initiation of a review,
assessment, or investigation within the Office, a
referral to the Inspector General of the Department, or
any other action taken.
``(2) Investigations.--In the case of an investigation
initiated by the Officer pursuant to paragraph (6) or (7) of
subsection (b), upon the conclusion of the investigation, the
Officer shall produce a report on the investigation which--
``(A) shall include the findings and
recommendations of the Officer;
``(B) a summary of which shall be made publicly
available;
``(C) shall not include any personally identifiable
information related to any individual involved in such
investigation; and
``(D) may include a classified appendix, as the
Officer determines appropriate.
``(3) Submittal to heads of operational components.--The
Officer shall transmit to the Secretary and the relevant head
of each relevant operational component of the Department a copy
of each report produced under paragraph (2).
``(4) Reports to congress.--Upon the conclusion of any
investigation conducted by the Officer for Civil Rights and
Civil Liberties under paragraph (6) or (7) of subsection (b),
the Officer shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on the
investigation, which shall be prepared and submitted without
any prior comment or amendment by the Secretary, Deputy
Secretary, or any other officer or employee of the Department,
unless the Officer seeks such comment.
``(e) Component Civil Rights and Civil Liberties Officer.--The head
of each of the operational components of the Department shall designate
a career appointee (as such term is defined in section 3132 of title 5,
United States Code) from such component as the Officer for Civil Rights
and Civil Liberties of such component. Each such component Officer for
Civil Rights and Civil Liberties shall coordinate with and provide
information to the Officer for Civil Rights and Civil Liberties of the
Department on matters related to civil rights and civil liberties
within each respective component.
``(f) Access to Information.--The Officer for Civil Rights and
Civil Liberties of the Department--
``(1) shall have access to all records, reports, audits,
reviews, documents, papers, recommendations, and other
materials available to the Department that relate to programs
and operations with respect to the responsibilities of the
Officer under subsection (b); and
``(2) may, to the extent the Officer determines necessary,
and subject to the approval of the Secretary--
``(A) issue a subpoena to require the production,
by any person other than a Federal agency, of all
information, documents, reports, answers, records,
accounts, papers, and other documentary evidence
necessary in the performance of the responsibilities of
the Officer under this section; and
``(B) administer to or take from any person an
oath, affirmation, or affidavit, whenever necessary in
the performance of the responsibilities of the Officer
under this section.
``(g) Annual Report.--Not later than March 31 of each year, the
Officer for Civil Rights and Civil Liberties of the Department shall
submit directly to the President, the President of the Senate, the
Speaker of the House of Representatives, and the appropriate committees
and subcommittees of Congress, a report on the implementation of this
section during the year preceding the year during which the report is
submitted. Each such report shall include, for the year covered by the
report--
``(1) any complaints of abuse described under subsection
(b)(6) and any actions by the Department or a component,
directorate, or office of the Department that the Officer
identifies as responsive to such complaints;
``(2) a list of Department programs and activities for
which civil rights and civil liberties impact assessments were
conducted, or policy advice, recommendations, or other
technical assistance was provided;
``(3) any recommendations issued by the Officer to the
Secretary or the head of a component, directorate, or office,
together with information on the status of the implementation
of such recommendations;
``(4) information on the diversity and equal employment
opportunity activities of the Department, including information
on complaint management and adjudication of equal employment
opportunity complaints and efforts to ensure compliance
throughout the Department with equal employment opportunity
requirements;
``(5) a description of any efforts to engage with
individuals and communities whose civil rights and civil
liberties may be affected by activities carried out by the
Department, including public meetings; and
``(6) information on total staffing for the Office of Civil
Rights and Civil Liberties, including--
``(A) the number of full-time, part-time and
contract support personnel; and
``(B) information on the number of employees whose
primary responsibilities include supporting the Officer
in carrying out paragraph (9) of subsection (b).''.
(b) Reporting to Congress.--Section 1062(f)(1)(A)(i) of the
National Security Intelligence Reform Act of 2004 (42 U.S.C. 2000ee-
1(f)(1)(A)(i)) is amended by inserting ``the Committee on Homeland
Security of the House of Representatives,'' after ``Affairs of the
Senate,''.
(c) Comptroller General Review.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on subsection (b)(11) of
section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345), as
amended by subsection (a).
(d) Clerical Amendment.--The 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 705 and inserting the
following new item:
``Sec. 705. Officer for Civil Rights and Civil Liberties.''.
SEC. 307. QUADRENNIAL HOMELAND SECURITY REVIEW.
(a) In General.--Section 707 of the Homeland Security Act of 2002
(6 U.S.C. 347) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) representatives from appropriate advisory
committees established pursuant to section 871, the
Homeland Security Advisory Council, and the Homeland
Security Science and Technology Advisory Committee, or
otherwise established, including the Aviation Security
Advisory Committee established pursuant to section
44946 of title 49, United States Code; and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting before the
semicolon at the end the following: ``based on the risk
assessment required pursuant to subsection (c)(2)(B)'';
(B) in paragraph (3)--
(i) by inserting ``, to the extent
practicable,'' after ``describe''; and
(ii) by striking ``budget plan'' and
inserting ``resources required'';
(C) in paragraph (4)--
(i) by inserting ``, to the extent
practicable,'' after ``identify'';
(ii) by striking ``budget plan required to
provide sufficient resources to successfully''
and inserting ``resources required to''; and
(iii) by striking the semicolon at the end
and inserting ``, including any resources
identified from redundant, wasteful, or
unnecessary capabilities and capacities that
can be redirected to better support other
existing capabilities and capacities, as the
case may be; and'';
(D) in paragraph (5), by striking ``; and'' and
inserting a period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1), by striking--
(i) ``December 31 of the year'' and
inserting ``60 days after the date of the
submission of the budget of the President'';
and
(ii) ``conducted'' and inserting
``completed'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``description of the threats to'' and inserting
``risk assessment of'';
(ii) in subparagraph (C), by inserting ``,
as required under subsection (b)(2)'' before
the semicolon at the end;
(iii) in subparagraph (D)--
(I) by inserting ``to the extent
practicable,'' before ``a
description''; and
(II) by striking ``budget plan''
and inserting ``resources required'';
(iv) in subparagraph (F)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
and
(II) by striking ``the status of'';
(v) in subparagraph (G)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
(II) by striking ``the status of'';
(III) by inserting ``and risks''
before ``to national homeland''; and
(IV) by inserting ``and'' after the
semicolon at the end;
(vi) by striking subparagraph (H); and
(vii) by redesignating subparagraph (I) as
subparagraph (H);
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting after paragraph (2) the following
new paragraph:
``(3) Documentation.--The Secretary shall retain and, upon
request, provide to Congress the following documentation
regarding each quadrennial homeland security review:
``(A) Records relating to the consultation carried
out pursuant to subsection (a)(3), including--
``(i) all written communications, including
communications sent out by the Secretary and
feedback submitted to the Secretary through
technology, online communications tools, in-
person discussions, and the interagency
process; and
``(ii) information relating to whether
feedback received by the Secretary informed the
quadrennial homeland security review.
``(B) Information relating to the risk assessment
required under subsection (c)(2)(B), including--
``(i) the type of risk model;
``(ii) the information used to generate the
risk assessment;
``(iii) the sources of information,
including other risk assessments; and
``(iv) information relating to--
``(I) assumptions, weighing
factors, and subjective judgments; and
``(II) the rationale or basis for
such assumptions, factors, and
judgments identified pursuant to
subclause (I).'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new
subsection:
``(d) Review.--Not later than 90 days after the submission of each
report required under subsection (c)(1), 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 that includes information relating to the degree to
which the findings and recommendations developed in the quadrennial
homeland security review covered by each such report were integrated
into the acquisition strategy and expenditure plans for the
Department.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to a quadrennial homeland security review conducted
after December 31, 2021.
SEC. 308. OFFICE OF STRATEGY, POLICY, AND PLANS.
Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is
amended--
(1) in subsection (a), by adding at the end the following:
``The Office of Strategy, Policy, and Plans shall include an
Assistant Secretary for International Affairs and no more than
five Assistant Secretaries within the Office of Strategy,
Policy, and Plans with divided responsibility for the following
areas:
``(i) Counterterrorism, threat prevention,
and screening and vetting, including
biometrics.
``(ii) Border security and immigration.
``(iii) Cybersecurity and infrastructure
security.
``(iv) Law enforcement.
``(v) Trade and economic security.'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``, including
for activities that cross multiple Department
components'' before the semicolon at the end;
(B) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively;
(C) by inserting after paragraph (3) the following
new paragraph:
``(4) ensure acquisition programs (as such term is defined
in section 830) support the quadrennial homeland security
review required under section 707, the DHS Strategic Plan
pursuant to section 306 of title 5, United States Code, and
other appropriate successor documents;''; and
(D) in such redesignated paragraph (7), by
inserting ``, including feedback from organizations
representing the needs of children,'' after
``stakeholder feedback'';
(3) by redesignating subsections (e) through (g) as
subsections (f) through (h), respectively; and
(4) by inserting after subsection (d) the following new
subsection:
``(e) Assistant Secretary for International Affairs.--The Office of
International Affairs shall be led by an Assistant Secretary for
International Affairs. The Assistant Secretary shall--
``(1) in consultation with other Federal officials
responsible for counterterrorism and homeland security matters,
coordinate international activities within the Department,
including activities carried out by components of the
Department;
``(2) advise, inform, and assist the Secretary with respect
to the development and implementation of the international
policy priorities of the Department outside of the United
States, including strategic priorities for the deployment of
assets such as personnel;
``(3) develop, in consultation with the Under Secretary for
Management, guidance for selecting, assigning, training, and
monitoring overseas deployments of Department personnel,
including minimum standards for pre-deployment training;
``(4) maintain awareness regarding the international travel
of senior officers of the Department and their intent to pursue
negotiations with foreign government officials, and review
resulting draft agreements;
``(5) coordinate with any departmental official engaged in
negotiations with a representative of a foreign government
relating to an agreement and, as appropriate, by supporting
such official in the negotiation of such agreement; and
``(6) perform such other functions as are established by
law or delegated by the Under Secretary for Strategy, Policy,
and Plans.''.
SEC. 309. OFFICE OF PARTNERSHIP AND ENGAGEMENT.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is amended by adding at the end the following new
section:
``SEC. 711. OFFICE OF PARTNERSHIP AND ENGAGEMENT.
``(a) In General.--There is an Office of Partnership and Engagement
in the Department led by the Assistant Secretary for Partnership and
Engagement.
``(b) Duties of the Assistant Secretary.--The Assistant Secretary
for Partnership and Engagement shall--
``(1) in consultation with the Office for Civil Rights and
Civil Liberties of the Department, lead the efforts of the
Department to incorporate external feedback from stakeholders
within the Homeland Security Enterprise with respect to policy
and strategic planning efforts;
``(2) modernize the engagement of the Department with
respect to stakeholders in the Homeland Security Enterprise to
ensure continuous and collaborative communication and address
current and emerging threats in a manner that--
``(A) increases trust between the Department and
such stakeholders; and
``(B) ensures timely information sharing between
the Department and such stakeholders;
``(3) carry out the activities specified in section
2006(b);
``(4) advise the Secretary--
``(A) of the effects of policies, regulations,
processes, and actions of the Department with respect
to the private sector; and
``(B) on creating and fostering strategic
communication with the private sector to carry out the
primary mission of the Department;
``(5) strengthen and expand relationships with--
``(A) institutions of higher education (as such
term is defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))), including
historically Black colleges or universities (which has
the meaning given the term `part B institution' in
section 322 of the Higher Education Act of 1965 (20
U.S.C. 1061)), and the private sector, including
through the Homeland Security Advisory Council; and
``(B) State, local, Tribal, and territorial
governments; and
``(6) perform such other functions as are established by
law or delegated by the Secretary.
``(c) Deputy Assistant Secretaries.--There shall be a Deputy
Assistant Secretary for State and Local Law Enforcement and a Deputy
Assistant Secretary for Private Sector Engagement within the Office of
Partnership and Engagement.''.
(b) Transfer of Functions, Assets, and Personnel of Office for
State and Local Law Enforcement.--The functions authorized to be
performed by the Office for State and Local Law Enforcement of the
Department (pursuant to section 2006(b) of the Homeland Security Act of
2002 (6 U.S.C. 607(b))) as of the day before the date of the enactment
of this Act, and the assets and personnel associated with such
functions, are transferred to the Office of Partnership and Engagement
under section 711 of the Homeland Security Act of 2002, as added by
this section.
(c) Annual Report.--
(1) In general.--Not later than 90 days after the first day
of fiscal year 2022 and annually thereafter through 2027, the
Assistant Secretary for Partnership and Engagement of the
Department shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on the
activities of the Office of Partnership and Engagement of the
Department with respect to a description of all programs,
events, activities, and outreach conducted by the sub-offices
and campaigns of the Office identified in paragraph (2).
(2) Elements.--Each report required under paragraph (1),
for the fiscal year covered by such report, shall include
information relating to the following:
(A) Faith Initiatives.
(B) The Blue Campaign.
(C) The Committee Management Office.
(D) The ``If You See Something, Say Something''
Public Awareness Campaign.
(E) The Loaned Executive Program.
(F) The Office of Academic Engagement.
(G) The Office of Intergovernmental Affairs.
(H) The Private Sector Office.
(d) 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 710 the
following new item:
``Sec. 711. Office of Partnership and Engagement.''.
SEC. 310. CHIEF PROCUREMENT OFFICER.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 712. CHIEF PROCUREMENT OFFICER.
``(a) In General.--There is in the Department a Chief Procurement
Officer, who shall report directly to the Under Secretary for
Management.
``(b) Responsibilities.--The Chief Procurement Officer shall--
``(1) serve as a senior business advisor to agency
officials with respect to procurement-related matters;
``(2) be the senior procurement executive for purposes of
subsection (c) of section 1702 of title 41, United States Code,
and shall perform procurement functions as specified in such
subsection;
``(3) delegate or retain contracting authority, as
appropriate;
``(4) issue procurement policies and oversee the heads of
contracting activity of the Department to ensure compliance
with such policies;
``(5) serve as the main liaison of the Department to
industry on procurement-related issues;
``(6) account for the integrity, performance, and oversight
of Department procurement and contracting functions;
``(7) ensure that procurement contracting strategies and
plans are consistent with the intent and direction of the
Acquisition Review Board;
``(8) oversee a centralized procurement workforce
certification and training program using, as appropriate,
existing best practices and contracting training opportunities
from the Federal Government, private sector, or institutions of
higher education (as such term is defined in section 101(a) of
the Higher Education Act of 1965 (20 U.S.C. 1001(a))),
including training relating to identifying actions that warrant
referrals for suspension or debarment;
``(9) provide input to the heads of the components of the
Department to be included in the performance reviews for the
heads of contracting activity within such components;
``(10) collect and use data to establish performance
measures with respect to the impact of strategic sourcing
initiatives on the private sector, including small businesses;
``(11) establish policies and procedures to effectively
identify and manage vulnerabilities in the supply chain for all
Department purchases;
``(12) ensure the awarding of contracts and subcontracts
complies with section 15(g) of the Small Business Act (15
U.S.C. 644(g)) to maximize opportunities for small business
participation in such contracts;
``(13) conduct oversight of implementation of
administrative agreements to resolve suspension or debarment
proceedings; and
``(14) carry out any other procurement duties that the
Under Secretary for Management may designate.
``(c) Head of Contracting Activity Defined.--In this section, the
term `head of contracting activity' means an official responsible for
the establishment, management, and oversight of a team of procurement
professionals properly trained, certified, and warranted to accomplish
the acquisition of products and services on behalf of the designated
components, offices, and organizations of the Department, and as
authorized, other Government entities.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by this Act, is further
amended by inserting after the item relating to section 711 the
following new item:
``Sec. 712. Chief Procurement Officer.''.
SEC. 311. CHIEF SECURITY OFFICER.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 713. CHIEF SECURITY OFFICER.
``(a) In General.--There is in the Department a Chief Security
Officer, who shall report directly to the Under Secretary for
Management.
``(b) Responsibilities.--The Chief Security Officer shall--
``(1) develop and implement the security policies,
programs, and standards of the Department to protect the
workforce and information;
``(2) identify training and provide education to Department
personnel on security-related matters; and
``(3) provide support to Department components on security-
related matters.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by this Act, is further
amended by inserting after the item relating to section 712 the
following new item:
``Sec. 713. Chief Security Officer.''.
SEC. 312. SCHOOL SECURITY COORDINATING COUNCIL.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 714. SCHOOL SECURITY COORDINATING COUNCIL.
``(a) In General.--The Secretary shall establish a council to be
known as the `School Security Coordinating Council' (referred to in
this section as the `Council').
``(b) Duties.--The Council shall--
``(1) provide advice and recommendations to the Secretary
on matters relating to activities, plans, and policies to
enhance the security of an early childhood education program,
elementary school, high school, or secondary school with
respect to an act of terrorism or targeted violence; and
``(2) ensure, to the extent practicable, that the efforts
described in paragraph (1) are coordinated within the
Department.
``(c) Membership.--
``(1) In general.--The Council shall be composed of the
following:
``(A) The Administrator of the Federal Emergency
Management Agency.
``(B) The Assistant Secretary for Public Affairs.
``(C) The Chief Medical Officer.
``(D) The Civil Rights and Civil Liberties Officer.
``(E) The Director of the Cybersecurity and
Infrastructure Security.
``(F) The Director of the Secret Service.
``(G) The Executive Director of the Office of
Academic Engagement.
``(H) The Privacy Officer.
``(I) The Under Secretary for Strategy, Policy, and
Plans.
``(J) Any other official of the Department the
Secretary determines appropriate.
``(2) Chairperson.--The Secretary shall designate a member
of the Council to serve as chairperson of the Council.
``(d) Compensation.--
``(1) Prohibition on compensation.--Except as provided in
paragraph (2), members of the Council may not receive
additional pay, allowances, or benefits by reason of their
service on the Council.
``(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
``(e) Reports.--Not later than 180 days after the date of the
enactment of this section and annually thereafter, the Secretary shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report relating to the activities of the
Council during the prior year, including information relating to--
``(1) the efficacy of such activities; and
``(2) engagement with stakeholders outside of the Federal
Government.
``(f) Definitions.--In this section:
``(1) Early childhood education program.--The term `early
childhood education program' has the meaning given the term in
section 103(8) of the Higher Education Act of 1965 (20 U.S.C.
1003(8)).
``(2) Elementary school.--The term `elementary school' has
the meaning given the term in section 8101(19) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(19)).
``(3) High school.--The term `high school' has the meaning
given the term in section 8101(28) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801(28)).
``(4) Secondary school.--The term `secondary school' has
the meaning given the term in section 8101(45) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(45)).
``(5) Targeted violence.--The term `targeted violence'
means any incident of violence in which an attacker selected a
particular target in order to inflict mass injury or death
without a clearly discernible political or ideological
motivation beyond mass injury or death.''.
(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 713 the
following new item:
``Sec. 714. School Security Coordinating Council.''.
SEC. 313. OFFICE OF PROGRAM ACCOUNTABILITY AND RISK MANAGEMENT.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 715. OFFICE OF PROGRAM ACCOUNTABILITY AND RISK MANAGEMENT.
``(a) Establishment of Office.--Within the Management Directorate,
there shall be a Program Accountability and Risk Management office to--
``(1) provide consistent accountability, standardization,
and transparency of acquisition programs of the Department;
``(2) serve as the central oversight function for the
acquisition portfolio of the Department; and
``(3) provide review and analysis of Department acquisition
programs, as appropriate.
``(b) Executive Director.--The Program Accountability and Risk
Management office shall be led by an Executive Director who shall
report directly to the Under Secretary for Management.
``(c) Responsibilities of Executive Director.--The Executive
Director shall carry out the following responsibilities:
``(1) Monitor the progress of Department major acquisition
programs between acquisition decision events to identify
problems with cost, performance, or schedule that components of
the Department may need to address to prevent cost overruns,
performance issues, or schedule delays.
``(2) Assist the Under Secretary for Management in managing
the acquisition programs, acquisition workforce, and related
activities of the Department.
``(3) Conduct oversight of individual acquisition programs
to implement Department acquisition program policy, procedures,
and guidance with priority given to ensuring the data the
collected by the Program Accountability and Risk Management
office from components of the Department is accurate and
reliable.
``(4) Serve as--
``(A) the coordinator for the acquisition life-
cycle review process; and
``(B) the Executive Secretariat for the Acquisition
Review Board of the Department.
``(5) Advise the individuals with acquisition decision
authority in--
``(A) making acquisition decisions consistent with
all applicable laws; and
``(B) establishing clear lines of authority,
accountability, and responsibility for acquisition
decision making within the Department.
``(6) Assess the results of post-implementation reviews of
major acquisition programs.
``(7) Identify opportunities to improve performance
throughout the acquisition process and across the acquisition
portfolio of the Department.
``(8) Provide technical support and assistance to
Department acquisition programs and acquisition personnel.
``(9) Assist, as appropriate, with the preparation of the
Future Years Homeland Security Program.
``(10) Prepare and submit the Congressional Acquisition
Progress Report for the Department, as required under section
839A.
``(11) In coordination with the Component Acquisition
Executives, maintain the Master Acquisition Oversight List,
updated quarterly, that shall serve as an inventory of all
major and non-major acquisition programs within the Department,
including for each such program the--
``(A) component sponsoring the acquisition;
``(B) name of the acquisition;
``(C) acquisition level as determined by the
anticipated life-cycle cost (as such term is defined in
section 830) of the program and other criteria pursuant
to the Department-level acquisition policy;
``(D) acquisition decision authority for the
acquisition; and
``(E) current acquisition phase.
``(d) Responsibilities of Components.--Each head of a component
shall--
``(1) comply with Federal law, the Federal Acquisition
Regulation, and Department acquisition management directives
established by the Under Secretary for Management;
``(2) establish an organizational structure for conducting
acquisitions within the component, to be managed by a Component
Acquisition Executive;
``(3) obtain the resources necessary to operate such an
organizational structure that are aligned with the number,
type, size, and complexity of the acquisition programs of the
component; and
``(4) oversee sustainment of capabilities deployed by major
and non-major acquisition programs once all planned deployments
are completed until such capabilities are retired or replaced.
``(e) Responsibilities of Component Acquisition Executives.--Each
Component Acquisition Executive shall--
``(1) establish and implement policies and guidance for
managing and conducting oversight for major and non-major
acquisition programs within the component at issue that comply
with Federal law, the Federal Acquisition Regulation, and
Department acquisition management directives established by the
Under Secretary for Management;
``(2) ensure acquisition documentation is complete and
demonstrates the knowledge required for successful program
execution prior to final approval;
``(3) exercise the acquisition decision authority (as such
term is defined in section 830) to approve, pause, modify
(including the rescission of approvals of program milestones),
or cancel non-major acquisition programs and major acquisition
programs when delegated by the Under Secretary for Management
pursuant to section 701(d)(3); and
``(4) review, oversee, and direct activities between
acquisition decision events for major acquisition programs
within the component for which the Under Secretary for
Management is the acquisition decision authority.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by this Act, is further
amended by inserting after the item relating to section 714 the
following new item:
``Sec. 715. Office of Program Accountability and Risk Management.''.
SEC. 314. CHILDREN'S TECHNICAL EXPERT.
Section 503(b)(2) of the Homeland Security Act of 2002 (6 U.S.C.
313(b)(2)) is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(I) identify and integrate the needs of children
into activities to prepare for, protect against,
respond to, recover from, and mitigate against the risk
of natural disasters, acts of terrorism, and other
manmade disasters, including catastrophic incidents, by
appointing a technical expert, who may, as necessary,
consult with relevant outside organizations and experts
to coordinate integration.''.
SEC. 315. ABOLISHMENT OF OFFICE FOR STATE AND LOCAL GOVERNMENT
COORDINATION.
The functions authorized to be performed by the Office for State
and Local Government Coordination of the Department on the day before
the date of the enactment of this Act, and the assets and personnel
associated with such functions, are transferred to the Assistant
Secretary for Partnership and Engagement of the Department under
section 711 of the Homeland Security Act of 2002, as added by section
309 of this Act.
SEC. 316. BIOMETRIC ENTERPRISE MANAGEMENT.
(a) In General.--Subtitle A of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 801 et seq.) is amended to read as follows:
``Subtitle A--Department-Wide Policies and Strategies
``SEC. 801. BIOMETRIC ENTERPRISE MANAGEMENT.
``(a) Biometrics and Identity Management Development and
Strategy.--
``(1) In general.--Not later than one year after the date
of the enactment of this Act, the Secretary of Homeland
Security, working through the Under Secretary for Strategy,
Policy, and Plans of the Department, in coordination with the
Privacy Officer of the Department, the Civil Rights and Civil
Liberties Officer of the Department, and the appropriate heads
of components or offices of the Department, shall develop and
disseminate a strategy with respect to biometric technology and
identity management enterprise pilot programs and programs.
``(2) Strategy.--The strategy required under paragraph (1)
shall include guidance and requirements with respect to--
``(A) the front-end collection, use, retention,
sharing, and disposal of biometric information;
``(B) privacy protections for individuals whose
biometric information is collected, including through
the United States VISIT program or any other such
passenger facilitation program; and
``(C) prioritizing voluntary consent, to the extent
practicable, for the capture of biometrics from
individuals through an opt-in approach rather than an
opt-out approach.
``(3) Prohibition.--Beginning on the date that the strategy
required under paragraph (1) is disseminated pursuant to such
paragraph, the Secretary shall--
``(A) assess each biometric technology and identity
management enterprise pilot program or program
contemplated in such strategy for consistency with such
strategy; and
``(B) prohibit the head of a component of the
Department from initiating or expanding such a pilot
program or program that includes biometric technology
or identity management enterprise without the Secretary
first determining if such a pilot program or program is
not consistent with such strategy.
``(b) Compliance With Strategy.--
``(1) Program review.--Not later than 180 days after the
date on which the strategy required under paragraph (1) of
subsection (a) is disseminated pursuant to paragraph (2) of
such subsection, the Under Secretary for Management of the
Department shall issue a determination with respect to each
biometric technology and identity management enterprise program
of the Department regarding whether such pilot program or
program complies with such strategy.
``(2) Corrective action.--If a pilot program or program
described in paragraph (1) is determined pursuant to such
paragraph to not be in compliance with the strategy required
under paragraph (1) of subsection (a) and disseminated pursuant
to paragraph (2) of such subsection, the Under Secretary for
Management of the Department shall--
``(A) issue a corrective action plan to ensure such
a pilot program or program becomes compliant with such
strategy by not later than one year after the date the
Under Secretary issues a determination pursuant to
paragraph (1) with respect to such a pilot program or
program; and
``(B) submit to the appropriate congressional
committees each such corrective action plan.
``(3) Certification of programs.--Not later than two years
after the date of the enactment of this section, the Secretary,
acting through the Under Secretary for Management of the
Department, shall submit to the appropriate congressional
committees a report that identifies each biometric technology
and identity management pilot program or program of the
Department that--
``(A) complies with the strategy required under
paragraph (1) of subsection (a) and disseminated
pursuant to paragraph (2) of such subsection; or
``(B) is suspended or cancelled for noncompliance
with such strategy.
``(c) Biometric and Identity Management Enterprise Program
Report.--
``(1) In general.--Not later than 90 days after completion
of the review required under subsection (b) and annually
thereafter through fiscal year 2027, shall submit to the
appropriate congressional committees a report with respect to
each biometric technology and identity management pilot program
or program of the Department described in subsection (b).
``(2) Elements.--Each report required under paragraph (1)
shall include for each biometric technology and identity
management pilot program or program in development, in
operation, that was suspended, or that was terminated during
the year prior to such report information relating to the
following:
``(A) The identification of the components or
offices of the Department, including roles and
responsibilities, that carry out each such pilot
program or program.
``(B) The purpose, including the reason for using
biometric technology or identity management tools.
``(C) An overview of the biometric technology or
identity management tools used to capture, share, or
match biometric information.
``(D) A timeline of key events, including the
actual or planned initiation, completion dates for test
activities, and the deployment of biometric technology
or identify management tools.
``(E) The total cost and the sources of funding.
``(F) Any existing contracts or agreements.
``(G) Any plans relating to the transition or
expansion.
``(H) Plans relating to rulemaking or privacy
impact assessments.
``(d) Assessment.--
``(1) In general.--Not later than one year after the date
on which the strategy required under paragraph (1) of
subsection (a) is disseminated pursuant to paragraph (2) of
such subsection, the Under Secretary for Science and Technology
of the Department shall submit to the appropriate congressional
committees a report that includes an assessment of all
biometric technology and identity management pilot programs or
programs of the Department relating to the use of facial
recognition or iris scanning.
``(2) Elements.--The report required under paragraph (1)
shall include information relating to the following:
``(A) The impact of device specifications and
installation factors, such as camera quality, lighting,
and internet connectivity, of biometric collection
technologies with respect to the ability of the
Department to capture accurate data across all
demographic groups.
``(B) Proposed or implemented biometric collection
methods to capture accurate data across all demographic
groups.
``(C) Information security with respect to such
biometric technology and identity management tools,
including lessons learned to improve resiliency with
respect to cybersecurity threats.
``(D) Independent testing results of biometric
matching algorithms to verify accuracy across all
demographic groups.
``(3) Demographic group described.--In this subsection, the
term `demographic group' includes age, sex, skin tone, and
disability status or any combination thereof.
``(e) Definition.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security of the
House of Representatives; and
``(B) the Committee on Homeland Security and
Governmental Affairs of the Senate.
``(2) Biometric technology.--The term `biometric
technology' means any device or system used to collect
biometric data or information.
``(3) Identity management.--The term `identity management'
means the policies, processes, and procedures used to identify
or verify the identity of individuals using biometric,
biographic, or other data and information.''.
(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 striking the items related to subtitle A of title VIII and
inserting the following new items:
``Subtitle A--Department-Wide Policies and Strategies
``Sec. 801. Biometric enterprise management.''.
SEC. 317. COUNTERTERRORISM AND TARGETED VIOLENCE STRATEGY.
(a) Strategic Framework.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, acting through the
Under Secretary for Strategy, Policy, and Plans of the
Department, shall develop, disseminate, and implement a
Department-wide directive to update or replace the strategic
framework relating to countering terrorism and targeted
violence, as issued by the Department in September 2019, and
associated implementation plans.
(2) Elements.--The strategic framework required under
paragraph (1) shall--
(A) address the current threat environment for
domestic terrorism, international terrorism, targeted
violence, and emerging threats, including violent white
supremacist extremism; and
(B) specify how the prevention and preparedness
activities of the Department address such threat
environment.
(b) Review.--Not later than two years after the date of the
implementation of the directive required under subsection (a), the
Under Secretary for Strategy, Policy, and Plans of the Department shall
review the effectiveness of such directive relating to the associated
strategic framework and implementation plans.
(c) Definitions.--In this section:
(1) Targeted violence.--The term ``targeted violence''
means any incident of violence in which an attacker selected a
particular target in order to inflict mass injury or death
without a clearly discernible political or ideological
motivation beyond mass injury or death.
(2) Violent white supremacist extremism.--The term ``white
supremacist extremism'' means an ideology that seeks, wholly or
in part, through unlawful acts of force or violence, to support
a belief in the intellectual or moral superiority of the white
race over other races.
SEC. 318. ACTIVITIES RELATED TO CHILDREN REPORT.
(a) In General.--Not later than one year after the date of the
enactment of this Act and annually thereafter for five years, the Under
Secretary for Strategy, Policy, and Plans of the Department shall
submit to the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report relating to the efforts of the Department with respect
to incorporating feedback from organizations representing the needs of
children into Department policy in accordance with section 709(c)(7) of
the Homeland Security Act of 2002, as amended by this Act.
(b) Elements.--Each report required under subsection (a) shall
include the following:
(1) The designation of any individual responsible for
carrying out section 709(c)(7) of the Homeland Security Act of
2002, as amended by this Act.
(2) Any review, formal or informal, of Department policies,
programs, or activities to assess the suitability of such
policies, programs, or activities for children and where
feedback from organizations representing the needs of children
should be reviewed and incorporated.
(3) Any review, change, modification, or promulgation of
Department policies, programs, or activities to ensure that
such policies, programs, or activities are appropriate for
children.
(4) Coordination with organizations or experts outside the
Department pursuant to such section 709(c)(7) conducted to
inform any such review, change, modification, or promulgation
of such policies, programs, or activities.
Subtitle B--Law Enforcement Reforms
SEC. 321. DE-ESCALATION, USE OF FORCE, AND BODY-WORN CAMERA POLICY.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by this Act, is further amended by
adding at the end the following new sections:
``SEC. 716. DE-ESCALATION AND USE OF FORCE.
``(a) Policy.--Not later than 180 days after the date of the
enactment of this section, the Associate Secretary, acting through the
Under Secretary for Management, shall--
``(1) update the Department-wide policy issued on September
7, 2018, on the use of force by law enforcement officers of the
Department to ensure that such officers use only the amount of
force--
``(A) that is objectively reasonable in
consideration of the facts and circumstances at issue
to bring incidents under control effectively; and
``(B) to ensure the safety of such officers and
other individuals; and
``(2) set forth in a clear and consistent manner that de-
escalation is preferred.
``(b) Requirements.--The Department-wide policy updated pursuant to
subsection (a) shall--
``(1) require law enforcement officers of the Department to
complete initial and recurrent training in the full range of
use of force tactics, including de-escalation;
``(2) require the head of each component of the Department
with such officers to--
``(A) designate an individual, having subject
matter expertise relating to the use of force policy,
training, and the application of use of force tactics,
including de-escalation tactics, to be responsible for
ensuring compliance with such updated policy; and
``(B) maintain a use of force review council or
committee, the members of which shall have subject
matter expertise described in subparagraph (A) to
perform internal analysis of use of force incidents
to--
``(i) inform training and tactics and
develop recommendations for improvements to
policies and procedures; and
``(ii) identify trends and lessons learned
to be shared within the component and across
the Department;
``(3) include recommendations relating to, or report
deficiencies in, training, policies, or procedures; and
``(4) maintain data relating to the use of force within
each such component in accordance with subsection (c).
``(c) Reporting.--
``(1) In general.--The Associate Secretary shall--
``(A) issue requirements for the head of each
component of the Department to collect and maintain
data relating to the use of force within each such
component necessary to publish the report required
under subparagraph (B);
``(B) publish, every six months, a report on the
website of the Department that includes--
``(i) data relating to each incident during
the previous six-month period in which lethal
force was used by law enforcement officers of
the Department that--
``(I) is disaggregated by
component; and
``(II) describes--
``(aa) specific information
on the region or jurisdiction
in which each such incident
occurred; and
``(bb) the circumstances
surrounding each such incident;
and
``(ii) a specification of whether a
Department officer or other individual was
injured or killed in each such incident;
``(C) in conjunction with the report required under
subparagraph (B), publish a summary of any reviews with
respect to which, during the previous six-month period,
final action was taken, including--
``(i) a summary of the findings resulting
from any such reviews; and
``(ii) any findings relating to whether the
uses of force contemplated by any such reviews
complied with Federal law and Department-wide
policy; and
``(D) not later than 24 hours after any use-of-
force incident that results in the hospitalization or
death of an officer, agent, or member of the public,
inform the public with respect to the facts relating to
such incident.
``(2) Privacy protection.--Any information published
pursuant to this subsection shall be presented in a manner that
protects individual privacy.
``(d) Office of Inspector General.--The Inspector General of the
Department shall, on an ongoing basis, review compliance with respect
to subsections (a) and (c).
``(e) De-escalation and Use of Force Council.--
``(1) In general.--The Secretary, acting through the
Associate Secretary, shall establish and maintain an intra-
departmental council, chaired by the Under Secretary for
Strategy, Policy, and Plans, at which representatives from the
following components and entities may share lessons learned,
best practices, and trends regarding de-escalation and use of
force policies, training, and oversight:
``(A) Federal Law Enforcement Training Centers.
``(B) The Coast Guard.
``(C) The Cybersecurity and Infrastructure Security
Agency.
``(D) The Federal Emergency Management Agency.
``(E) The Office of Civil Rights and Civil
Liberties.
``(F) The Office of the General Counsel.
``(G) The Office of the Under Secretary for
Management.
``(H) The Privacy Office.
``(I) The Secret Service.
``(J) The Transportation Security Administration.
``(K) U.S. Customs and Border Protection.
``(L) U.S. Immigration and Customs Enforcement.
``(2) Feedback.--The Secretary shall develop a process for
the intra-departmental council to receive on an ongoing basis,
feedback relating to the sharing of lessons learned, best
practices, and trends with respect to de-escalation and use of
force from appropriate stakeholders, including labor
organizations.
``SEC. 717. BODY-WORN CAMERA AND DASHBOARD CAMERAS.
``(a) Strategy.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, the Secretary, acting through
the Associate Secretary, shall develop and disseminate a
Department-wide directive requiring by December 31, 2022, the
use of--
``(A) body-worn cameras by all uniformed law
enforcement officers of the Department; and
``(B) dashboard cameras for all marked vehicles of
the Department and associated recording protocols.
``(2) Principles.--The Department-wide directive required
under paragraph (1) shall consider principles published by
major civil and human rights organizations relating to the use
of body-worn cameras and dashboard cameras to include the
following:
``(A) Benchmarks for implementation of the use of
body-worn cameras by uniformed law enforcement officers
and dashboard cameras for marked vehicles of the
Department.
``(B) Training requirements, procedures, and best
practices for the use of body-worn cameras and
dashboard cameras.
``(C) Plans to publicize the directive and the
requirements set forth in this section to inform law
enforcement officers and other impacted individuals are
notified of new policies, in particular, those
regarding the retention and right to inspect body-worn
camera footage.
``(3) Limited exception.--The directive required under
paragraph (1) shall not apply--
``(A) to any personnel who operate in a location
where the Secretary carries out redundant video-
monitoring or video-surveillance that is maintained in
good working order and that provides video footage of a
quality that is the same or better than that which
would be captured by a body-worn camera or dashboard
camera;
``(B) to any vehicle that serves as a mobile
command vehicle, and to any personnel therein;
``(C) to any vehicle, including any Federal, State,
local, or rented vehicle, that the Secretary deploys in
support of protective operations and to any law
enforcement personnel therein while such personnel are
engaged in such protective operations; and
``(D) in instances with respect to which an
immediate threat to the life or safety of a uniformed
law enforcement officer of the Department makes
activating a body-worn camera or dashboard camera
impossible or dangerous, except that in such an
instance such officer shall activate any such camera at
the first reasonable opportunity to do so.
``(b) Retention of Footage.--
``(1) In general.--Body camera and dashboard camera video
footage shall be retained by the law enforcement agency that
employs the law enforcement officer whose camera captured the
footage, or an authorized agent thereof, for six months after
the date on which it was recorded, after which time such
footage shall be permanently deleted.
``(2) Additional retention requirements.--Notwithstanding
the retention and deletion requirements in paragraph (1)--
``(A) such video footage shall be automatically
retained for not less than three years if the video
footage captures an interaction or event involving--
``(i) any use of force; or
``(ii) an encounter involving a registered
complaint by a subject of the video footage; or
``(B) such video footage shall be retained for not
less than three years if a longer retention period is
voluntarily requested by--
``(i) the uniformed law enforcement
officer--
``(I) whose body camera recorded
the video footage, if that officer
reasonably asserts the video footage
has evidentiary or exculpatory value in
an ongoing investigation; or
``(II) who is a subject of the
video footage, if that officer
reasonably asserts the video footage
has evidentiary or exculpatory value;
``(ii) any superior officer of a uniformed
law enforcement officer whose body camera
recorded the video footage or who is a subject
of the video footage, if that superior officer
reasonably asserts the video footage has
evidentiary or exculpatory value;
``(iii) any uniformed law enforcement
officer, if the video footage is being retained
solely and exclusively for police training
purposes;
``(iv) any member of the public who is a
subject of the video footage;
``(v) any parent or legal guardian of a
minor who is a subject of the video footage; or
``(vi) a spouse of a deceased subject, next
of kin, or legally authorized designee.
``(3) Right to inspect.--During the retention periods
described in paragraphs (1) and (2), the following individuals
shall have the right to inspect, but not retain or in any
matter alter, the body camera footage:
``(A) Any individual who is a subject of body
camera video footage, and their designated legal
counsel.
``(B) A parent of a minor subject of body camera
video footage, and their designated legal counsel.
``(C) The spouse, next of kin, or legally
authorized designee of a deceased subject of body
camera video footage, and their designated legal
counsel.
``(D) A uniformed law enforcement officer whose
body camera recorded the video footage, and their
designated legal counsel, subject to the limitations
and restrictions in this part.
``(E) The superior officer of a uniformed officer
whose body camera recorded the video footage, subject
to the limitations and restrictions in this part.
``(F) Any defense counsel who claims, pursuant to a
written affidavit, to have a reasonable basis for
believing a video may contain evidence that exculpates
a client.
``(c) Periodic Reporting.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section and every 180 days thereafter
until the Secretary submits the certification described in
paragraph (2), the Under Secretary for Management shall 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 relating to the
progress of the implementation of the Department-wide directive
described in subsection (a).
``(2) Certification.--A certification described in this
paragraph is a certification submitted by the Secretary to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate that the Department has fully implemented the
directive described in subsection (a).
``SEC. 718. PROHIBITED USE OF FORCE.
``(a) In General.--Beginning on the date that is 90 days after the
date of the enactment of this section, a law enforcement officer of the
Department who intentionally uses a chokehold or carotid hold on an
individual--
``(1) shall be subject to disciplinary review; and
``(2) may be subject to disciplinary action, consistent
with chapter 75 of title 5, United States Code, including
termination.
``(b) Exception.--The requirement under subsection (a) shall not
apply in the case of a law enforcement officer of the Department or a
component of the Department if the Secretary or Associate Secretary
determine the use of a chokehold or carotid hold on an individual to be
objectively reasonable under the circumstances.
``(c) Definition.--In this section, the terms `chokehold' and
`carotid hold' mean the application of any pressure to the throat or
windpipe, the use of maneuvers that restrict blood or oxygen flow to
the brain, or carotid artery restraints that prevent or hinder
breathing or reduce intake of air of an individual.''.
(b) Clerical Amendments.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by this Act, is further
amended by inserting after the item relating to section 715 the
following new items:
``Sec. 716. De-escalation and use of force.
``Sec. 717. Body-worn camera and dashboard cameras.
``Sec. 718. Prohibited use of force.''.
SEC. 322. DEPARTMENT OF HOMELAND SECURITY COMPONENT INSIGNIA REQUIRED.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 719. DEPARTMENT COMPONENT INSIGNIA REQUIRED.
``(a) In General.--All uniformed law enforcement officers of the
Department who are required to display or wear the official insignia or
uniform (as such term is defined in section 716(c)(3) of title 18,
United States Code) of the Department or component, as the case may be,
to perform the duties of such officer shall display or wear such
official insignia or uniform in a manner that is visible to others when
carrying out such duties, including when deployed to augment State or
local law enforcement capabilities.
``(b) Exception.--The requirement under subsection (a) shall not
apply in the case of a law enforcement officer of the Department or
component, as the case may be, who is engaged in undercover or covert
operations.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by this Act, is further
amended by inserting after the item relating to section 718 the
following new item:
``Sec. 719. Department component insignia required.''.
SEC. 323. REPORT RELATING TO COMPLIANCE WITH MANDATORY DEPARTMENT-WIDE
REPORTING POLICY DIRECTIVE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Associate Secretary
of Homeland Security shall submit to the appropriate congressional
committees a report on the status of efforts to implement
recommendations issued by the Office of the Inspector General of the
Department in November 2020 relating to compliance with a Department-
wide policy directive, issued on January 10, 2017 (requiring the
reporting of off-duty contact with law enforcement by Department law
enforcement personnel and the suspension or revocation of authority to
carry a firearm or other weapon under certain circumstances).
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Homeland Security of the House of
Representatives; and
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 324. DE-ESCALATION TRAINING AND CONTINUING EDUCATION TO PROMOTE
OFFICER SAFETY AND PROFESSIONALISM.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the
following new sections:
``SEC. 890B. DE-ESCALATION TRAINING.
``(a) Department Training.--Not later than 90 days after the
issuance of the updated Department-wide policy pursuant to section 717,
the Associate Secretary of the Department shall ensure training
relating to the use of force provided to law enforcement officers of
the Department appropriately emphasizes de-escalation tactics and
techniques.
``(b) State and Local Law Enforcement Training.--The Associate
Secretary, acting through the Director of the Federal Law Enforcement
Training Center, in consultation with the Deputy Assistant Secretary
for State and Local Law Enforcement, shall, to the extent practicable,
increase the availability of training relating to the use of force,
including de-escalation, in the training curriculum made available to
State, local, Tribal, and territorial law enforcement officers.
``SEC. 890C. TRAINING AND CONTINUING EDUCATION TO PROMOTE OFFICER
SAFETY AND PROFESSIONALISM.
``(a) In General.--The Associate Secretary of the Department shall
establish policies and guidelines to ensure that all law enforcement
officers of the Department receive training upon on-boarding regarding
accountability, standards for professional and ethical conduct.
``(b) Curriculum.--The training required under subsection (a) shall
include--
``(1) best practices in community policing, cultural
awareness, and carrying out enforcement actions near sensitive
locations, responding to grievances, and how to refer
complaints to the Immigration Detention Ombudsman;
``(2) interaction with vulnerable populations; and
``(3) standards of professional and ethical conduct.
``(c) Continuing Education.--The Associate Secretary shall require
all law enforcement officers of the Department to participate in
continuing education, including relating to--
``(1) the protection of the civil, constitutional, human,
and privacy rights of individuals; and
``(2) use of force policies.
``(d) Administration.--Courses offered as part of continuing
education under subsection (c) shall be administered in coordination
with the Federal Law Enforcement Training Centers.''.
(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 890A the
following new items:
``Sec. 890B. De-escalation training.
``Sec. 890C. Training and continuing education to promote officer
safety and professionalism.''.
SEC. 325. LESS LETHAL FORCE TACTICS ASSESSMENT.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Associate Secretary of Homeland Security
shall enter into a contract with a nonprofit research institution with
expertise in homeland security, including border security and law
enforcement, for such institution to assess the written policies,
training, and instances of the use of less lethal force tactics
utilized by the Department within the past three years.
(b) Elements.--The assessment required under subsection (a) shall
include information relating to the use of the following:
(1) Oleoresin capsicum spray, irritant dispensers, or any
other fog for the purposes of crowd control or disbursement.
(2) Electronic control weapons that discharge electrical
energy.
(3) Compressed air launchers, such as compressed-air
powered, shoulder-fired launchers that deliver less lethal
projectiles.
(4) Munition launchers that deliver an airburst flash bang
effect.
(5) Less-lethal specialty impact chemical munitions.
(6) Controlled tire deflation devices.
(7) Long range acoustic devices.
(8) Other crowd control and disbursement tactics.
(c) Assessment.--Not later than one year after the date of the
commencement of the assessment required under subsection (a), the
nonprofit research institution described in such subsection shall
submit to the Secretary such assessment.
(d) Report to Congress.--Not later than 90 days after the receipt
of the assessment pursuant to subsection (c), 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 such assessment and including any
feedback by the Secretary relating thereto.
SEC. 326. BEST PRACTICES TO REDUCE INCIDENTS OF EXCESSIVE OR
UNAUTHORIZED FORCE.
(a) In General.--The Associate Secretary of Homeland Security,
acting through the Under Secretary for Science and Technology of the
Department, shall research and recommend the adoption of evidence-based
practices that, when utilized by law enforcement officers of the
Department, have the potential to reduce incidents of excessive or
unauthorized force. Such practices shall be based on research that
takes into account the degree to which the following factors
potentially contribute to such incidents:
(1) Gaps in training or staffing, including gaps that may
contribute to the delayed deployment of backup resources in the
field.
(2) Unconscious bias regarding race, gender, ethnicity, or
national origin or other psychological triggers.
(3) The level of racial, gender, and ethnic diversity
within the workforce in which such law enforcement officer
serves.
(4) Stress or fatigue, and related underlying causes.
(b) Report.--Not later than one year after commencing the research
described in subsection (a), the Under Secretary for Science and
Technology of the Department shall submit to the Secretary and the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
report containing findings regarding evidence-based practices described
in such subsection.
(c) Research Partnerships.--To carry out subsection (a), the Under
Secretary for Science and Technology of the Department shall seek
research partnerships with historically Black colleges or universities
and minority-serving institutions and other university-based centers
for homeland security pursuant to section 308(b)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 188(b)(2)).
SEC. 327. SAFEGUARDING FIREARMS AND SENSITIVE ASSETS.
(a) Safeguarding Firearms and Sensitive Assets Directive.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Under Secretary for Management
of the Department shall develop and disseminate a Department-
wide directive for achieving adequate security over firearms
and other sensitive assets across the Department.
(2) Contents.--The Department-wide directive required under
subsection (a) shall, at a minimum, include the following:
(A) Descriptions of what equipment, in addition to
firearms, is classified as a sensitive asset for the
purpose of carrying out this section.
(B) Requirements for securing Department-issued
firearms and other sensitive assets.
(C) A classification system for all categories of
Department-issued badges and corresponding requirements
for safeguarding such assets.
(D) Reporting requirements for lost firearms and
other sensitive assets, including timelines for such
reporting, to supervisors, local law enforcement, the
National Crime Information Center of the Federal Bureau
of Investigation, and Department headquarters.
(E) Recordkeeping requirements for lost firearms
and other sensitive assets in inventory systems,
including a timeline for recording such losses.
(3) Review and update of directive.--Not later than one
year after the issuance of the directive required under
subsection (a), the Under Secretary for Management of the
Department shall review and update, as necessary, such
directive, including adding a requirement relating to recording
in the inventory systems maintained by each component of the
Department the acceptance or transfer of a firearm or other
sensitive asset by such component.
(b) Personal Property Asset Management Program Manual.--Together
with the issuance of the directive required under subsection (a), the
Under Secretary for Management of the Department shall disseminate a
revised version of the Personal Property Asset Management Program
Manual that includes the following:
(1) Requirements for component heads to develop procedures
to safeguard firearms and other sensitive assets during on and
off-duty time.
(2) Requirements for the issuance of safety locking devices
and policies on the use of such assets, as applicable.
(3) Requirements for initial, recurrent, and remedial
training on safeguarding such assets.
(4) Examples, with detail, of how to report and record lost
sensitive assets across components of the Department, and an
enforcement mechanism to ensure supervisors maintain such
records.
(5) A requirement that the file maintained on a lost
firearm or other sensitive asset contains both the
corresponding police report and the Department report detailing
the circumstances surrounding such loss, including information
on adherence to safeguarding procedures.
(c) Component Responsibilities.--Heads of components of the
Department shall--
(1) comply with Federal law, Federal regulations, executive
branch guidance, and Department policy, including directives
required by this section, relating to the management and
oversight of securing firearms and other sensitive assets;
(2) review the need for non-law enforcement badges;
(3) require component personnel to--
(A) safeguard firearms and other sensitive assets
in accordance with the directive required under
subsection (a); and
(B) adhere to the procedures and timelines for
properly reporting to supervisors lost firearms and
other sensitive assets; and
(4) require that lost firearms and other sensitive assets
are--
(A) reported to local law enforcement, the National
Crime Information Center of the Federal Bureau of
Investigation, and Department headquarters in the
timeframe established in such directive; and
(B) recorded in inventory systems in the timeframe
established by such directive.
(d) Inspector General Review.--Not later than 180 days after the
date on which the Department-wide directive is issued pursuant to
subsection (a), the Inspector General of the Department shall submit to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report relating to the progress and effectiveness of such
directive, including an assessment of the adequacy of such directive
and the level of compliance among the components of the Department to
achieve adequate security of sensitive assets.
SEC. 328. REPORTING ON BASIC TRAINING PROGRAMS OF THE DEPARTMENT OF
HOMELAND SECURITY.
(a) Annual Reporting.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act and annually thereafter, the
Secretary, acting through the Under Secretary for Management of
the Department, shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report relating to the accreditation status for each basic
training program of the Department, including information
relating to the following:
(A) The date on which each such program achieved
initial accreditation, or in the case of a program that
is not currently accredited, the reasons for not
obtaining or maintaining accreditation, the activities,
if any, taken to achieve accreditation, and an
anticipated timeline for accreditation of such program.
(B) The date each such program most recently
received accreditation or reaccreditation, if
applicable.
(C) The anticipated accreditation or next
reaccreditation date of each such program.
(D) The name of the accreditation manager for each
such program.
(2) Termination of reporting requirement.--Annual reports
under paragraph (1) shall terminate when all basic training
programs of the Department are accredited.
(b) Lapse in Accreditation.--
(1) In general.--If a basic training program of the
Department loses accreditation, the head of the relevant
component of the Department shall notify the Under Secretary
for Management of the Department not later than 30 days after
such loss.
(2) Notice to congress.--Not later than 60 days after
receiving a notification pursuant to subsection (a), the Under
Secretary for Management of the Department shall notify the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate of the lapse in accreditation, the reason for
such lapse, and the activities underway and planned to regain
accreditation.
(c) Definitions.--In this section:
(1) Accreditation.--The term ``accreditation'' means the
recognition by a board that a basic training program is
administered, developed, and delivered according to an
applicable set of standards.
(2) Accreditation manager.--The term ``accreditation
manager'' means the individual assigned by the component of the
Department to manage accreditation activities for a basic
training program.
(3) Basic training program.--The term ``basic training
program'' means an entry level program that is transitional to
law enforcement service, provides training on critical
competencies and responsibilities, and is typically a
requirement for appointment to a law enforcement service job or
job series.
(4) Reaccreditation.--The term ``reaccreditation'' means
the assessment of a basic training program after initial
accreditation to ensure the continued compliance with an
applicable set of standards.
Subtitle C--Workforce Engagement and Development Reforms
SEC. 331. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND ACTION PLAN.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 720. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND ACTION PLAN.
``(a) Steering Committee.--
``(1) In general.--Not later than 120 days after the date
of the enactment of this section, the Secretary shall establish
a steering committee to be known as the `Employee Engagement
Steering Committee' (referred to in this section as the
`Steering Committee').
``(2) Duties of steering committee.--The Steering Committee
shall--
``(A) identify factors that have a negative impact
on employee engagement, morale, and communications
within the Department, such as perceptions about
limitations on career progression, mobility, or
development opportunities, collected through employee
feedback platforms, including through annual employee
surveys, questionnaires, and other communications, as
appropriate;
``(B) identify, develop, and distribute initiatives
and best practices to improve employee engagement,
morale, and communications within the Department,
including through annual employee surveys,
questionnaires, and other communications, as
appropriate;
``(C) monitor efforts of each component to address
employee engagement, morale, and communications based
on employee feedback provided through annual employee
surveys, questionnaires, and other communications, as
appropriate;
``(D) advise the Secretary on efforts to improve
employee engagement, morale, and communications within
specific components and across the Department; and
``(E) conduct regular meetings and report, not
fewer than once per quarter, to the Under Secretary for
Management, the head of each component, and the
Secretary on Department-wide efforts to improve
employee engagement, morale, and communications.
``(3) Membership.--
``(A) In general.--The Steering Committee shall be
composed of representatives from each operational
component of the Department, including--
``(i) supervisory and non-supervisory field
personnel;
``(ii) Department Headquarters; and
``(iii) employee labor organizations that
represent Department employees.
``(B) Chairperson.--The Under Secretary for
Management of the Department shall be the chairperson
of the Steering Committee.
``(b) Action Plan; Reporting.--The Secretary, acting through the
Chief Human Capital Officer, shall--
``(1) not later than 120 days after the date of the
establishment of the Steering Committee, issue a Department-
wide employee engagement action plan, reflecting input from the
Steering Committee and employee feedback provided through
annual employee surveys, questionnaires, and other
communications in accordance with subsection (a)(2), to execute
strategies to improve employee engagement, morale, and
communications within the Department; and
``(2) require the head of each component to--
``(A) develop and implement a component-specific
employee engagement plan to advance the action plan
required under paragraph (1) that includes performance
measures and objectives, is informed by employee
feedback provided through annual employee surveys,
questionnaires, and other communications, as
appropriate, and sets forth how employees and, where
applicable, their labor representatives, are to be
integrated in developing programs and initiatives;
``(B) monitor progress on implementation of such
action plan; and
``(C) provide to the Chief Human Capital Officer
and the Steering Committee quarterly reports on actions
planned and progress made under this paragraph.
``(c) Termination.--This section shall terminate on the date that
is five years after the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by this Act, is further
amended by inserting after the item relating to section 719 the
following new item:
``Sec. 720. Employee Engagement Steering Committee and action plan.''.
(c) Submissions to Congress.--
(1) Department-wide employee engagement action plan.--The
Secretary, acting through the Chief Human Capital Officer of
the Department, shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate the
Department of Homeland Security-wide employee engagement action
plan required under subsection (b)(1) of section 721 of the
Homeland Security Act of 2002 (as added by subsection (a) of
this section) not later than 30 days after the issuance of such
plan.
(2) Component-specific employee engagement plans.--Each
head of a component of the Department shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate the component-specific employee engagement plan
of each such component required under subsection (b)(2) of
section 721 of the Homeland Security Act of 2002 (as added by
subsection (a) of this section) not later than 30 days after
the issuance of each such plan.
SEC. 332. ANNUAL EMPLOYEE AWARD PROGRAM.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 721. ANNUAL EMPLOYEE AWARD PROGRAM.
``(a) In General.--The Secretary may establish within the
Department an annual employee award program to recognize significant
contributions by employees of the Department to the achievement of the
mission of the Department. If such a program is established, the
Secretary shall--
``(1) designate categories of awards within such program,
each with specific criteria, that recognizes the contributions
of non-Senior Executive Service level employees;
``(2) publicize within the Department the annual employee
award program and the process to nominate an employee for such
an award;
``(3) establish an internal review board composed of
representatives from components of the Department, including
field personnel and Department Headquarters, and to submit to
the Secretary award recommendations; and
``(4) select recipients for such an award from the pool of
nominees submitted by the internal review board and convene a
ceremony at which employees may receive such awards from the
Secretary.
``(b) Internal Review Board.--The internal review board described
in subsection (a)(3) shall, when carrying out its function under such
subsection, consult with representatives from components of the
Department and Department Headquarters, including--
``(1) supervisory and non-supervisory personnel; and
``(2) employee labor organizations that represent
Department employees.
``(c) Rule of Construction.--Nothing in this section may be
construed to authorize additional funds to--
``(1) carry out the requirements of this section; or
``(2) require the Secretary to provide monetary bonuses to
recipients of an award under this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by this Act, is further
amended by inserting after the item relating to section 720 the
following new item:
``Sec. 721. Annual employee award program.''.
SEC. 333. ACQUISITION WORKFORCE.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 722. ACQUISITION WORKFORCE.
``(a) Policies.--The Under Secretary for Management shall--
``(1) establish policies and procedures for the effective
management (including accession, education, training, and
career development) of individuals serving in the acquisition
workforce within the Department; and
``(2) to the extent practicable, ensure such policies and
procedures are implemented uniformly throughout the Department.
``(b) Designation.--
``(1) Acquisition career fields.--The Under Secretary for
Management shall, for the purposes of this section, identify
career fields in the Department that are related to
acquisition. Such career fields shall, at a minimum, include--
``(A) program management;
``(B) systems planning, development, and
engineering;
``(C) test and evaluation;
``(D) procurement, including contracting;
``(E) life-cycle logistics;
``(F) information technology;
``(G) cybersecurity;
``(H) cost estimating and financial management;
``(I) production, quality assurance, and
manufacturing; and
``(J) property management.
``(2) Critical positions.--The Under Secretary for
Management shall--
``(A) within each career field specified in
paragraph (1), designate a position as critical if such
position requires significant responsibility and the
duties of such position are either primarily
supervisory or managerial; and
``(B) require any such position to be filled by a
full-time employee of the Department.
``(c) Career Paths.--
``(1) Requirements.--For each acquisition career field
designated under subsection (b), the Under Secretary for
Management shall--
``(A) establish the education, training, and
experience requirements based on the level of
complexity of duties carried out in the position; and
``(B) identify course work and on-the-job training
requirements that demonstrate qualifications at
specified levels in each career field.
``(2) Delegation.--The Under Secretary for Management shall
identify a lead office with subject matter expertise for each
career field to--
``(A) determine the qualification and certification
requirements required under paragraph (1) for each
specified level;
``(B) outline procedures and timeframes for
maintaining and renewing certifications;
``(C) regularly review certification requirements
to make updates, as needed, relating to advancements in
each career field; and
``(D) disseminate information on qualification and
certification requirements, including any updates
pursuant to subparagraph (C), at least annually.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by this Act, is further
amended by inserting after the item relating to section 721 the
following new item:
``Sec. 722. Acquisition workforce.''.
(c) Workforce Plan.--Not later than one year after the date of the
enactment of this Act, the Under Secretary for Management of the
Department shall submit to the appropriate congressional committees and
the Comptroller General of the United States an acquisition workforce
plan.
(d) Contents.--The workforce plan required under subsection (c)
shall include--
(1) a comparison of the number of needed and actual
positions in each career field of the acquisition workforce of
the Department by component and by certification level,
including positions filled by contractors;
(2) a strategy for addressing any gaps identified in the
comparison conducted pursuant to paragraph (1), including
efforts to recruit and train qualified individuals and a cost-
benefit analysis of filling positions with contractors or
government employees; and
(3) any risks or challenges the Department faces in
recruiting, training, or maintaining a qualified acquisition
workforce and strategies for mitigating such risks or
challenges.
(e) Consultation.--In developing the workforce plan required under
subsection (c), the Under Secretary for Management of the Department
may consult with personnel from the components of the Department,
Department Headquarters, field personnel, and individuals from the
Homeland Security Enterprise.
(f) Review.--Not later than one year after the date the workforce
plan is submitted pursuant to subsection (c), the Comptroller General
of the United States shall submit to the appropriate congressional
committees a review of such plan, including--
(1) an assessment of the reliability of data reported in
such plan;
(2) an evaluation of the strategies of the Department with
respect to addressing identified workforce gaps, risks, or
challenges identified pursuant to such plan; and
(3) any other recommendations for improving the acquisition
workforce of the Department.
(g) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Homeland Security of the House of
Representatives; and
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 334. ACQUISITION PROFESSIONAL CAREER PROGRAM.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 723. ACQUISITION PROFESSIONAL CAREER PROGRAM.
``(a) Establishment.--There is established in the Department an
acquisition professional career program (in this section referred to as
the `Program') to develop within the Department.
``(b) Administration.--The Under Secretary for Management shall
administer the Program.
``(c) Program Requirements.--The Under Secretary for Management
shall carry out the following with respect to the Program:
``(1) Designate the occupational series, grades, and number
of acquisition positions throughout the Department to be
included in the Program and manage centrally such positions.
``(2) Establish and publish on the website of the
Department eligibility criteria for candidates to participate
in the Program.
``(3) Carry out recruitment efforts to attract candidates--
``(A) from institutions of higher education,
including such institutions with established
acquisition specialties and courses of study,
historically Black colleges and universities, and
Hispanic-serving institutions;
``(B) with diverse work experience outside of the
Federal Government; or
``(C) with military service.
``(4) Hire eligible candidates for designated positions
under the Program.
``(5) Develop a structured program comprised of acquisition
training, on-the-job experience, Department-wide rotations,
mentorship, and other career development opportunities for
participants of the Program.
``(6) Provide, beyond required training established for
participants of the Program, additional specialized acquisition
training, including small business contracting and innovative
acquisition techniques training.
``(d) Reports.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section and annually thereafter for
five years, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report on the Program.
``(2) Elements.--Each such report required under paragraph
(1) shall include the following:
``(A) Information relating to the number of
candidates--
``(i) approved for the Program; and
``(ii) who commenced participation in the
Program, including generalized information on
the background of each such candidate with
respect to education and prior work experience,
but not including personally identifiable
information.
``(B) A disaggregated list identifying the number
of participants by each type of acquisition position.
``(C) A list of Department components and offices
that participated in the program and information
regarding length of time of each program participant in
each rotation at such components or offices.
``(D) Information related to the attrition rates of
the Program and post-Program graduation retention data,
including a comparison of such data with the previous
year.
``(E) Information relating to the--
``(i) recruiting efforts of the Department
for the Program; and
``(ii) efforts of the Department to promote
retention of Program participants.
``(e) Definitions.--In this section:
``(1) Hispanic-serving institution.--The term `Hispanic-
serving institution' has the meaning given such term in section
502 of the Higher Education Act of 1965 (20 U.S.C. 1101a).
``(2) Historically black colleges and universities.--The
term `historically Black colleges and universities' has the
meaning given the term `part B institution' in section 322(2)
of Higher Education Act of 1965 (20 U.S.C. 1061(2)).
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by this Act, is further
amended by inserting after the item relating to section 722 the
following new item:
``Sec. 723. Acquisition professional career program.''.
SEC. 335. DEPARTMENT OF HOMELAND SECURITY ROTATION PROGRAM.
(a) Enhancements to the Rotation Program.--Section 844 of the
Homeland Security Act of 2002 (6 U.S.C. 414) is amended--
(1) in subsection (a)--
(A) by striking ``(a) Establishment.--'';
(B) by redesignating paragraphs (1) through (3) as
subsections (a) through (c), respectively, and
adjusting the margins accordingly; and
(C) by redesignating paragraphs (4) and (5) as
subsections (e) and (f), respectively, and adjusting
the margins accordingly;
(2) in subsection (a), as so redesignated, in the first
sentence--
(A) by striking ``Not later than 180 days after the
date of enactment of this section, the'' and inserting
``The''; and
(B) by striking ``for employees of the Department''
and inserting ``for certain personnel within the
Department'';
(3) in subsection (b), as so redesignated--
(A) by redesignating subparagraphs (A) through (G)
as paragraphs (3) through (9), respectively, and
adjusting the margins accordingly;
(B) by inserting before paragraph (3), as so
redesignated, the following new paragraphs:
``(1) seek to foster greater departmental integration and
unity of effort;
``(2) seek to help enhance the knowledge, skills, and
abilities of participating personnel with respect to the
programs, policies, and activities of the Department;'';
(C) in paragraph (4), as so redesignated, by
striking ``middle and senior level employees'' and
inserting ``personnel''; and
(D) in paragraph (7), as so redesignated, by
inserting ``seek to improve morale and retention
throughout the Department and'' before ``invigorate'';
(4) in subsection (c), as so redesignated--
(A) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and adjusting the
margins accordingly; and
(B) in paragraph (2), as so redesignated--
(i) by striking clause (iii); and
(ii) by redesignating clauses (i), (ii),
and (iv) through (viii) as subparagraphs (A)
through (G), respectively, and adjusting the
margins accordingly;
(5) by inserting after subsection (c), as so redesignated,
the following new subsection:
``(d) Administrative Matters.--In carrying out the Rotation
Program, the Secretary shall--
``(1) prior to selecting employees for participation in the
Rotation Program, disseminate information relating to--
``(A) how to participate in the Rotation Program;
``(B) the qualifications for participation in the
Rotation Program, including at least one year of full-
time employment within the employing component or
office; and
``(C) the general provisions of the Rotation
Program;
``(2) require an employee to be--
``(A) nominated by the head of the employing
component or office; and
``(B) selected by the Secretary, or the designee of
the Secretary, on the basis of relative ability,
knowledge, and skills;
``(3) ensure each employee participating in the Rotation
Program to return, within a reasonable period of time after the
end of the period of participation in the Rotation Program, to
the position held by the employee, a corresponding position, or
a higher position, in the employing component or office;
``(4) require that the rights that would be available to
the employee if such employee were detailed from the employing
component or office to another Federal agency or office remain
available to such employee during the participation of such
employee in the Rotation Program; and
``(5) require that, during the period of participation by
an employee in the Rotation Program, performance evaluations
for the employee shall be--
``(A) conducted by officials in the employing
office or component employing with input from the
supervisors of the employee at the component or office
in which the employee is placed during such period; and
``(B) provided the same opportunities with respect
to promotions and other recognition for performance in
the employing office or component.''; and
(6) by adding at the end the following new subsection:
``(g) Intelligence Rotational Assignment Program.--
``(1) Establishment.--The Secretary shall establish the
Intelligence Rotational Assignment Program as part of the
Rotation Program established under subsection (a).
``(2) Administration.--The Chief Human Capital Officer, in
coordination with the Chief Intelligence Officer, shall
administer the Intelligence Rotational Assignment Program.
``(3) Eligibility.--The Intelligence Rotational Assignment
Program shall be available to--
``(A) employees serving in existing analyst
positions within the Intelligence Enterprise of the
Department; and
``(B) other Department employees as determined
appropriate by the Chief Human Capital Officer and the
Chief Intelligence Officer.
``(4) Coordination.--The responsibilities specified in
subsection (c)(2) that apply to the Rotation Program under such
subsection shall, as applicable, also apply to the Intelligence
Rotational Assignment Program under this subsection.''.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Homeland Security and the Permanent Select Committee on Intelligence of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Select Committee on Intelligence of the
Senate a report including information relating to the status of the
Homeland Security Rotation Program authorized by section 844 of the
Homeland Security Act of 2002, as amended by subsection (a) of this
section.
SEC. 336. CYBER TALENT MANAGEMENT SYSTEM REPORTING.
Section 2208(c) of the Homeland Security Act of 2002 (6 U.S.C.
658(c)) is amended--
(1) in the matter preceding paragraph (1), by striking
``for 4 years'';
(2) in paragraph (2)(B), by inserting ``compared against
the performance in the prior year'' after ``progress''; and
(3) in paragraph (4)--
(A) by redesignating subparagraphs (A), (B), (C),
(D), (E), and (F) as paragraphs (B), (C), (D), (E),
(F), and (G), respectively; and
(B) by inserting the following new subparagraph:
``(A) the total number of qualified positions to be
filled by occupation, grade, and level, or pay band;''.
SEC. 337. INDEPENDENT INVESTIGATION OF DISCIPLINARY OUTCOMES.
(a) Investigation.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report relating to the degree to which the
application of discipline and adverse actions are administered by the
Department in an equitable and consistent manner that results in the
same or substantially similar disciplinary outcomes across the
Department for misconduct by a non-supervisory employee as compared to
supervisor employee who engaged in the same or substantially similar
misconduct.
(b) Consultation.--In carrying out the investigation described in
subsection (a), the Comptroller General of the United States shall
consult with the Employee Engagement Steering Committee established
pursuant to section 721 of the Homeland Security Act of 2002 (as added
by this Act).
(c) Actions by Under Secretary for Management.--Not later than 60
days after receiving the report required under subsection (a), the
Under Secretary for Management of the Department shall--
(1) review the findings and recommendations of such
investigation and implement a plan, in consultation with the
Employee Engagement Steering Committee, to correct any relevant
deficiencies identified by the Comptroller General of the
United States pursuant to such investigation; and
(2) direct the Employee Engagement Steering Committee to
review such plan to inform activities and action plans of such
Committee.
TITLE IV--ACQUISITION REFORMS
SEC. 401. DEFINITIONS.
(a) In General.--Title VIII of the Homeland Security Act of 2002 (6
U.S.C. 361 et seq.) is amended by inserting before section 831
inserting the following new section:
``SEC. 830. DEFINITIONS.
``In this subtitle:
``(1) Acquisition.--The term `acquisition' has the meaning
given such term in section 131 of title 41, United States Code.
``(2) Acquisition decision authority.--The term
`acquisition decision authority' means the authority, held by
the Secretary acting through the Under Secretary for Management
to--
``(A) ensure compliance with Federal law, the
Federal Acquisition Regulation, and Department
acquisition management directives;
``(B) review (including approving, pausing,
modifying, or canceling) an acquisition program through
the life-cycle of such program;
``(C) ensure that acquisition program managers have
the resources necessary to successfully execute an
approved acquisition program;
``(D) ensure appropriate acquisition program
management of cost, schedule, risk, and system
performance of the acquisition program at issue,
including assessing acquisition program baseline
breaches and directing any corrective action for such
breaches; and
``(E) ensure that acquisition program managers, on
an ongoing basis, monitor cost, schedule, and
performance against established baselines and use tools
to assess risks to an acquisition program at all phases
of the life-cycle of such program to avoid and mitigate
acquisition program baseline breaches.
``(3) Acquisition decision event.--The term `acquisition
decision event', with respect to an acquisition program, means
a predetermined point within the acquisition life-cycle at
which the acquisition decision authority determines whether
such acquisition program shall proceed to the next acquisition
phase.
``(4) Acquisition decision memorandum.--The term
`acquisition decision memorandum', with respect to an
acquisition, means the official documented record of decisions,
including the rationale for the decisions and any assigned
actions for such acquisition, as determined by the person
exercising acquisition decision authority for such acquisition.
``(5) Acquisition program.--The term `acquisition program'
means the process by which the Department acquires, with any
appropriated amounts or fee funding, by contract for purchase
or lease, property or services (including construction) that
support the missions and goals of the Department.
``(6) Acquisition program baseline.--The term `acquisition
program baseline', with respect to an acquisition program,
means a summary of the cost, schedule, and performance
parameters, expressed in standard, measurable, quantitative
terms, which must be met in order to accomplish the goals of
such program.
``(7) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security and the
Committee on Appropriations of the House of
Representatives; and
``(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate.
``(8) Best practices.--The term `best practices', with
respect to acquisition, means a knowledge-based approach to
capability development that includes the following:
``(A) Identifying and validating needs.
``(B) Assessing alternatives to select the most
appropriate solution.
``(C) Establishing well-defined requirements.
``(D) Developing realistic cost estimates and
schedules that account for the entire life-cycle of an
acquisition.
``(E) Securing stable funding that matches
resources to requirements before initiating
development.
``(F) Demonstrating technology, design, and
manufacturing maturity before initiating production.
``(G) Using milestones and exit criteria or
specific accomplishments that demonstrate the
attainment of knowledge to support progress.
``(H) Regularly assessing and managing risks to
achieving requirements and cost and schedule goals.
``(I) Adopting and executing standardized processes
with known success across programs.
``(J) Establishing an adequate workforce that is
qualified and sufficient to perform necessary
functions.
``(K) Integrating the capabilities described in
subparagraphs (A) through (J) into the Department's
mission and business operations.
``(9) Breach.--The term `breach', with respect to a major
acquisition program, means a failure to meet any cost,
schedule, or performance threshold specified in the most
recently approved acquisition program baseline.
``(10) Component acquisition executive.--The term
`Component Acquisition Executive' means the senior acquisition
official within a component who is designated in writing by the
Under Secretary for Management, in consultation with the
component head.
``(11) Life-cycle cost.--The term `life-cycle cost' means
the total ownership cost of an acquisition, including all
relevant costs related to acquiring, deploying, operating,
maintaining, and disposing of the system, project, or product
over a specified period of time.
``(12) Major acquisition program.--The term `major
acquisition program' means a Department capital asset,
services, or hybrid acquisition program that is estimated by
the Secretary to require an eventual total expenditure of at
least $300,000,000 (based on fiscal year 2021 constant dollars)
over its life-cycle or a program identified by the Chief
Acquisition Officer as a program of special interest.
``(13) Non-major acquisition program.--The term `non-major
acquisition program' means a Department capital asset,
services, or hybrid acquisition program that is estimated by
the Secretary to require an eventual total expenditure of less
than $300,000,000 (based on fiscal year 2021 constant dollars)
over its life-cycle.''.
(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 before the item relating to section 831 the
following new item:
``830. Definitions.''.
SEC. 402. ACQUISITION AUTHORITIES FOR TECHNICAL SUPPORT OFFICES.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the
following new section:
``SEC. 836. TECHNICAL SUPPORT OFFICES.
``(a) Office of Test and Evaluation.--
``(1) Establishment of office.--Within the Department,
there shall be an Office of Test and Evaluation to--
``(A) serve as the principal advisor for test and
evaluation support across the Department; and
``(B) serve as the liaison with--
``(i) Federal agencies, foreign, Tribal,
State, and local governments;
``(ii) the private sector;
``(iii) institutions of higher education;
and
``(iv) other relevant entities.
``(2) Responsibilities of director.--The Office of Test and
Evaluation shall be led by a Director to oversee the
requirements specified in paragraph (1) and to carry out the
following responsibilities:
``(A) Establish and update, as necessary, test and
evaluation policies, procedures, and guidance for the
Department.
``(B) Ensure, in coordination with the Chief
Acquisition Officer, Joint Requirements Council, and
relevant component heads, that major acquisition
programs--
``(i) complete reviews of operational
requirements to ensure such requirements--
``(I) are informed by threats,
including physical and cybersecurity
threats;
``(II) are operationally relevant;
and
``(III) are measurable, testable,
and achievable within the constraints
of cost and schedule;
``(ii) complete independent testing and
evaluation of technologies and systems
throughout development;
``(iii) complete operational testing and
evaluation that includes all system components
and incorporates operators into the testing to
ensure that systems meet the mission need as
intended in the appropriate operational
setting;
``(iv) use independent verification and
validation of test and evaluation
implementation and results, as appropriate; and
``(v) document whether such programs meet
all operational requirements.
``(C) Provide oversight of test and evaluation for
the major acquisition programs of the Department
throughout the acquisition life-cycle by--
``(i) approving program test and evaluation
master plans, plans for individual test and
evaluation events, and other related
documentation, determined appropriate by the
Director;
``(ii) approving the independent test and
evaluation agent or third party tester selected
for each program; and
``(iii) providing an independent assessment
to the acquisition decision authority that
assesses a program's progress in meeting
operational requirements and operational
effectiveness, suitability, and resilience to
inform production and deployment decisions.
``(D) Determine if testing conducted by other
Federal agencies, entities, and institutions of higher
education are relevant and sufficient in determining
whether systems perform as intended.
``(3) Annual report.--
``(A) In general.--Not later than one year after
the date of the enactment of this section and annually
thereafter, the Director of the Office of Test and
Evaluation shall submit to the Secretary, the Under
Secretary for Management, the component heads, and the
appropriate congressional committees a report relating
to the test and evaluation activities of the major
acquisition programs of the Department for the previous
fiscal year.
``(B) Elements.--Each report required under
subparagraph (A) shall include the following:
``(i) An assessment of--
``(I) test and evaluation
activities conducted for each major
acquisition program in the previous
fiscal year, including progress with
respect to demonstrating operational
requirements and operational
effectiveness, suitability, and
resilience for each program;
``(II) any waivers of, and
deviations from, program test and
evaluation plans that occurred during
the previous fiscal year;
``(III) any concerns raised by such
waivers or deviations; and
``(IV) the actions that have been
taken or are planned to be taken to
address the concerns.
``(ii) Recommendations with respect to
resources, facilities, and levels of funding
made available for test and evaluation
activities.
``(C) Form.--Each report required under
subparagraph (A) shall be submitted in unclassified
form, but may include a classified annex.
``(e) Office of Systems Engineering and Standards.--
``(1) Establishment of office.--Within the Department,
there shall be an Office of Systems Engineering and Standards
to--
``(A) provide systems engineering, standards, and
human systems integration support across the
Department; and
``(B) serve as the liaison, with respect to such
engineering, standards, and systems, with--
``(i) Federal agencies, foreign, Tribal,
State, and local governments;
``(ii) the private sector;
``(iii) institutions of higher education;
and
``(iv) other relevant entities.
``(2) Responsibilities of director.--The Office of Systems
Engineering and Standards shall be led by a Director. The
Director shall--
``(A) establish and update systems engineering,
standards, and human systems integration policies,
procedures, and guidance for the Department;
``(B) ensure, in coordination with relevant
component heads, major acquisition programs--
``(i) integrate applicable standards into
development specifications; and
``(ii) complete systems engineering reviews
and technical assessments during development to
inform production and deployment decisions; and
``(C) provide oversight of systems engineering,
standards, and human systems integration for the major
acquisition programs of the Department throughout the
acquisition life-cycle by--
``(i) approving the systems engineering
life-cycle tailoring plans of a program;
``(ii) providing independent assessments,
in coordination with the Office of the Chief
Information Officer--
``(I) of the technical approach of
a program; and
``(II) of any significant changes
to the technical approach of a program,
to inform key acquisition decisions,
such as initiating development; and
``(iii) participating in program systems
engineering life-cycle technical reviews.
``(f) Institution of Higher Education Defined.--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 Research 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 Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
report list of ongoing and completed projects by Federally funded
research 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 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 program, 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 estimate
against independent cost estimates, and reconciliation
of any differences;
``(D) a cost-benefit analysis with supporting
documentation;
``(E) an integrated master schedule with supporting
documentation;
``(F) plans for conducting systems engineering
reviews and test and evaluation activities throughout
development to support production and deployment
decisions;
``(G) an acquisition plan that outlines the
procurement approach, including planned contracting
vehicles;
``(H) a logistics and support plan for operating
and maintaining deployed capabilities until 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 subparagraphs (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 documentation
maintained pursuant to subsection (a)(1) are reviewed and
approved in accordance with departmental policy.
``(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--
``(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 officials,
as designated by the Under Secretary for Management.
``(2) Chair.--The Under Secretary for Management 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 acquisition programs
based on the estimated eventual total 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 acquisition life-cycle
framework and is able to proceed to the next phase and eventual
full production and deployment.
``(3) Oversee whether the business strategy, resources,
management, and accountability of a proposed acquisition is
executable and aligned with the mission and strategic goals of
the Department.
``(4) Support the person with acquisition decision
authority for an acquisition in determining the appropriate
direction for such acquisition at key acquisition decision
events.
``(5) Conduct systematic reviews of acquisitions to ensure
that such acquisitions are progressing in compliance with the
most recently approved documents for their current acquisition
phases.
``(6) Review the acquisition documents of each major
acquisition program, including the acquisition program baseline
and documentation reflecting consideration of tradeoffs among
cost, schedule, and performance objectives, to ensure the
reliability of underlying data.
``(7) Ensure that practices are adopted and implemented to
require consideration of trade-offs among cost, schedule, and
performance objectives as part of the process for developing
operational requirements for major acquisition programs prior
to the initiation of the second acquisition decision event,
including--
``(A) ensuring Department officials responsible for
acquisition, performance, budget, and cost estimating
functions--
``(i) are provided with the appropriate
opportunity to develop estimates; and
``(ii) raise concerns, where appropriate,
related to cost, schedule, and performance
before operational requirements are established
for capabilities when feasible; 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 convene at the discretion of the
Under Secretary for Management 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; or
``(C) requires additional review, as determined by
the Under Secretary for Management; or
``(3) a non-major acquisition program requires review, as
determined by the Under Secretary for Management.
``(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 required 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, including
justifications for any decision made to allow
acquisition programs to deviate from the acquisition
management policy of the Department;
``(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 acquisition decision memorandum is
signed by the chair pursuant to paragraph (1)(E), the chair
shall submit to the Secretary, the Committee on Homeland
Security of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs 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 ACQUISITION 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:
``SEC. 839. CONGRESSIONAL NOTIFICATION AND OTHER REQUIREMENTS FOR MAJOR
ACQUISITION PROGRAM 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 acquisition program, the program
manager for such program shall notify the Component Acquisition
Executive for such program, the head of the component
concerned, the Executive Director of the Program Accountability
and Risk Management office, and the Under Secretary for
Management (in this section referred 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 occurs, or is
expected to occur, with respect to a major acquisition
program and such breach results in an increase greater
than 15 percent of a cost threshold, a delay greater
than 180 days of a schedule threshold, or a failure to
meet any of the performance thresholds specified in the
most recently approved acquisition program baseline for
such program, the Component Acquisition Executive for
such program shall notify the Secretary in writing not
later than five days after the Component Acquisition
Executive for such program is notified of the breach
pursuant to subsection (a).
``(B) Pausing activities.--Upon notification to the
Secretary under subparagraph (A), such program shall
pause all activities except those activities necessary
to develop the remediation 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 expected to
occur, in a major acquisition program, the program manager for
such program shall, in coordination with the Component
Acquisition Executive for such a program, submit to the head of
the component concerned, the Executive Director of the Program
Accountability and Risk Management office, and the Under
Secretary 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 determines
the underlying cause of such a breach, including--
``(i) unrealistic performance expectations;
``(ii) unrealistic baseline estimates for
cost or schedule or changes in program
requirements;
``(iii) immature technologies or excessive
manufacturing or integration risk;
``(iv) unanticipated design, engineering,
manufacturing, or technology integration issues
arising during program performance;
``(v) changes to the scope of such program;
``(vi) inadequate program funding or
changes in planned out-year funding from one 5-
year funding plan to the next 5-year funding
plan as outlined in the Future Years Homeland
Security Program required under section 874;
``(vii) legislative, legal, or regulatory
changes;
``(viii) inadequate program management
personnel, including lack of sufficient number
of staff, training, credentials,
certifications; or
``(ix) inadequate assessment or mitigation
of program risk;
``(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 proposed
corrective action is recommended compared to other
options considered; and
``(E) identify the estimated impact on program
cost, schedule, and performance goals of implementing
the proposed corrective action, and the extent to which
funding from other programs will need to be reduced to
cover the cost growth of such program.
``(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 either approve such plan or provide an alternative
proposed corrective action, including cancelling the program at
issue.
``(2) Documentation.----
``(A) Acquisition decision memorandum.--The Under
Secretary shall document the review under paragraph (1)
in an acquisition decision memorandum.
``(B) Program continuation approval.--If the Under
Secretary approves a program pursuant to paragraph (1)
for continuation, 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
Department;
``(ii) there are no alternatives to the
capability or asset provided by such program
that will provide equal or greater capability
in both a more cost-effective and timely
manner;
``(iii) the estimated impact on program
cost, schedule, and performance goals of
implementing the proposed corrective action are
reasonable; and
``(iv) the management structure for such
program is adequate to manage and control cost,
schedule, and performance.
``(d) Submission to Congress.--Not later than 30 days after the
date on which the Under Secretary completes the review required under
subsection (c), 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 a copy of the
remediation plan required under subsection (b) and the acquisition
decision memorandum required 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:
``Sec. 839. Congressional notification and other requirements for major
acquisition 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 Report.--
``(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 Management shall submit to the appropriate
congressional 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 pursuant to section
715(c)(11) that have not yet established an initial
Department-approved acquisition program baseline.
``(C) A listing of established Executive Steering
Committees, which provide governance of a program or
related set of programs and lower-tiered oversight, and
support between acquisition decision events and
component reviews, including the mission and membership
for each.
``(D) The information described in paragraph (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 capabilities, each report
required under paragraph (1) shall include the following:
``(A) A narrative describing the purpose of the
program, including the capabilities being acquired and
the component sponsoring the acquisition.
``(B) Information relating to the status of each
acquisition program, including--
``(i) the current acquisition phase,
including the phase for each subproject, as
applicable;
``(ii) the date of the last review
conducted by the Acquisition Review Board; and
``(iii) a listing of the required documents
that have been completed with approval dates.
``(C) A comparison of the cost, schedule, and
performance goals between the first Department-approved
acquisition program baseline, the current Department-
approved acquisition program baseline, and the current
plan, including a justification for any changes between
the approved goals and current plan.
``(D) A description of key test and evaluation
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 narrative
descriptions and mitigation actions.
``(F) Information relating to the status of the
contract associated with the program, including earned
value management data.
``(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 appropriations 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 contents of each such report, including
observations with respect to the accuracy of the information
presented and any other risks or challenges the Department
faces in managing its acquisition portfolio.
``(2) Review.--Not later than three years after submission
of the first annual report under subsection (a), the
Comptroller General of the United States shall evaluate and
submit to the appropriate congressional committees a report
relating to the reliability of the data used to prepare such
reports.
``(c) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional 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 Appropriations 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.''.
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 inserting ``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 associated with such functions, are transferred to the head
of the Office of International Affairs of the Office of Strategy,
Policy, and Plans of the Department.
(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:
``SEC. 890D. JOINT REQUIREMENTS COUNCIL.
``(a) Establishment.--The Secretary shall establish 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 outlining 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 relevant,
well-defined, measurable, achievable, and cost-
informed;
``(3) implement portfolio reviews to identify common
capability gaps or mission needs among offices and components
of the Department to harmonize investments and prevent
unnecessary overlap and duplication;
``(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 recommendations with respect
to the annual budget development process of the Department to
the Secretary, Deputy Secretary, or Associate Secretary;
``(6) track any changes to existing requirements, including
the reasons for the changes, to identify opportunities to
improve the requirements generation process across the
Department; and
``(7) provide technical support and assistance to
components, including reviewing component-level policies for
identifying, validating, and prioritizing capability gaps and
requirements to ensure alignment with the Department-wide
policies established under paragraph (2)(A).
``(c) Composition.--
``(1) Chairperson.--The Secretary shall appoint a
chairperson of the Joint Requirements Council, for a term of
not more than four years, from among senior officials from
components of the Department or other senior officials as
designated by the Secretary.
``(2) Participation.--The Secretary shall ensure
participation of relevant senior officials representing
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 homeland security
program.--The Secretary shall ensure that the Future Years
Homeland Security Program required under section 874 is
consistent with any recommendations of the Joint Requirements
Council required under 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 Requirements Council shall submit to
the appropriate congressional committees a report relating to
the activities of the Joint Requirements Council for the
previous fiscal year.
``(2) Elements.--Each report required under paragraph (1)
shall include a list of documents validated by the Council that
identifies--
``(A) the type of document validated;
``(B) the relevant components that submitted 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-PROTEGE 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-PROTEGE PROGRAM.
``(a) Establishment.--There is established in the Department a
mentor-protege program (in this section referred to as the `Program')
under which a mentor firm enters into an agreement with a protege firm
for the purpose of assisting the protege firm to compete for prime
contracts and subcontracts of the Department.
``(b) Eligibility.--The Secretary shall establish criteria for
mentor firms and protege firms to be eligible to participate in the
Program, including a requirement that a firm is not included on any
list maintained by the Federal Government of contractors that have been
suspended or debarred.
``(c) Program Application and Approval.--
``(1) Application.--The Secretary, acting through the
Office of Small and Disadvantaged Business Utilization of the
Department, shall establish a process for submission of an
application jointly by a mentor firm and the protege firm
selected by the mentor firm. The application shall include each
of the following:
``(A) A description of the assistance to be
provided by the mentor firm, including, to the extent
available, the number and a brief description of each
anticipated subcontract to be awarded to the protege
firm.
``(B) A schedule with milestones for achieving the
assistance to be provided over the period of
participation in the Program.
``(C) An estimate of the costs to be incurred by
the mentor firm for providing assistance under the
Program.
``(D) Attestation that Program participants will
submit to the Secretary reports at times specified by
the Secretary to assist the Secretary in evaluating the
developmental progress of the protege firm.
``(E) Attestations that Program participants will
inform the Secretary in the event of change in
eligibility or voluntary withdrawal from the Program.
``(2) Approval.--Not later than 60 days after receipt of an
application pursuant to paragraph (1), the head of the Office
of Small and Disadvantaged Business Utilization shall notify
applicants of approval or, in the case of disapproval, the
process for resubmitting an application for reconsideration.
``(3) Rescission.--The head of the Office of Small and
Disadvantaged Business Utilization may rescind the approval of
an application under this subsection if it determines that such
action is in the best interest of the Department.
``(d) Program Duration.--A mentor firm and protege firm approved
pursuant to subsection (c) shall enter into an agreement to participate
in the Program for a period of not less than 36 months.
``(e) Program Benefits.--A mentor firm and protege firm that enter
into an agreement under subsection (d) may receive the following
Program benefits:
``(1) With respect to an award of a contract that requires
a subcontracting plan, a mentor firm may receive evaluation
credit for participating in the Program.
``(2) With respect to an award of a contract that requires
a subcontracting plan, a mentor firm may receive credit for a
protege firm performing as a first tier subcontractor or a
subcontractor at any tier in an amount equal to the total
dollar value of any subcontracts awarded to such protege firm.
``(3) A protege firm may receive technical, managerial,
financial, or any other mutually agreed upon benefit from a
mentor firm, including a subcontract award.
``(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 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 between a
mentor firm and a protege firm entered into under this
section, including the number of protege 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 business
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.
``(B) Identification of contracts within the
Department in which a mentor firm serving as the prime
contractor provided subcontracts to a protege firm
under the Program.
``(C) A description of the type of assistance
provided by a mentor firm to a protege firm.
``(D) An assessment of--
``(i) the increase, if any, in the
technical capabilities of each protege firm;
and
``(ii) the number and value of prime
contract and subcontract awards to protege
firms.
``(g) Rule of Construction.--Nothing in this section may be
construed to limit, diminish, impair, or otherwise 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 committees.--The term
`appropriate congressional committees' means--
``(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 university.--The term
`historically Black college or university' means any of the
historically Black colleges and universities referred to in
section 2323 of title 10, United States Code, as in effect on
March 1, 2018.
``(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 protege to compete for Federal prime
contracts and subcontracts; and
``(B) satisfies any other requirements imposed by
the Secretary.
``(4) Minority institution of higher education.--The term
`minority institution of higher education' means an institution
of higher education with a student body that reflects the
composition specified in section 312(b) of the Higher Education
Act of 1965 (20 U.S.C. 1058(b)).
``(5) Protege firm.--The term `protege firm' means a small
business concern, a historically Black college or university,
or a minority institution of higher education that--
``(A) is eligible to enter into a prime contract or
subcontract with the Department; and
``(B) satisfies any other requirements imposed by
the Secretary.
``(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 controlled by service-disabled veterans' has the
meaning given the term in section 3(q)(2) of the Small Business
Act (15 U.S.C. 632(q)(2)).
``(8) Small business concern owned and controlled by
veterans.--The term `small business 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)).
``(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 disadvantaged individuals.--The term
`small business concern owned and controlled by socially and
economically disadvantaged individuals' has the meaning given
such term in section 8(d)(3)(C) of the Small Business Act (15
U.S.C. 637(d)(3)(C)).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by this Act, is further
amended by inserting after the item relating to section 890D the
following new item:
``Sec. 890E. Mentor-protege program.''.
SEC. 411. FITNESS INFORMATION TRANSPARENCY.
(a) Consolidation of Fitness Standards.--Not later than 180 days
after the date of the enactment of 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 Federal contractor
fitness standards used by the Department and its components in
order to issue a uniform set of fitness standards that reflect
public trust concerns which correspond to each position risk
level;
(2) require the Department and the heads of its components
to use such uniform fitness standards that correspond to the
relevant position risk level as the basis for fitness
determinations for a contractor employee; and
(3) publish such uniform fitness standards that correspond
to each such position risk level on the public website of the
Department and cause the same to be printed in the Federal
Register.
(b) Deviation From Uniform Fitness Standards.--The Secretary,
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--
(1) the Secretary publishes in writing on the public
website of the Department and causes the same to be printed in
the Federal Register a certification that contains--
(A) a determination that such uniform fitness
standards are not sufficient to protect information,
systems, or facilities of the Department the
unauthorized disclosure of which or unauthorized access
to which could reasonably be expected to cause
substantial damage to the integrity and efficiency of
the Department; and
(B) a description of approved additional fitness
standards and a list to which positions such deviation
applies; or
(2) exigent circumstances created by a Presidential
declaration of a major disaster issued pursuant to section 401
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) require such deviation to
mitigate staffing shortages for the duration of such
declaration.
(c) Reciprocity.--
(1) In general.--The Chief Security Officer of the
Department shall implement a process to ensure fitness
determinations made by the Department are uniformly accepted
throughout the Department and its components.
(2) Sufficiency.--The Secretary, acting through the Chief
Security Officer of the Department, may, as appropriate, deem a
favorably adjudicated personnel security investigation
sufficient to satisfy a requirement to complete a contractor
fitness determination under this section.
(d) Implementation of Uniform Process Regarding Fitness
Adjudication Status Updates.--Not later than one year after the date of
the enactment of this Act, the Secretary, acting through the Chief
Security Officer of the Department and in coordination with heads of
the components of the Department, shall implement a uniform process
to--
(1) provide, not less frequently than monthly, contractor
representatives certified pursuant to subsection (e)(1) access
to information regarding the status of fitness determinations
for Department contractor employees relevant to such contractor
representatives; and
(2) collect each fiscal quarter data to allow the
Department and its components and contractor representatives to
assess average fitness investigation, adjudication, and
determination processing times for each component of the
Department, including information regarding the parameters used
to calculate each such average.
(e) Certification.--Before the implementation of the uniform
process described in subsection (d), the Secretary, 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 adequate protection of
personally identifiable information and has acknowledged in
writing to adhere to such practices; and
(2) consult with the Director of the Office of Personnel
Management to ensure that such process is consistent with
current best practices across the Federal Government.
(f) Applicability of Section 44936 of Title 49, United States
Code.--No authority or policy created by or issued pursuant to this
section shall apply to employees or contractors of an air carrier,
foreign air carrier, or airport operator subject to employment
investigations pursuant to section 44936 of title 49, United States
Code.
(g) Reports to Congress.--Not later than 180 days after the
publication of uniform fitness standards described in subsection (a)
and annually thereafter for four years, the Secretary 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 Officer of
the Department, including--
(i) the number of deviation requests
approved and the corresponding justification
for each such deviation from such fitness
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 relating to the
number of individuals who, during the preceding calendar year,
received from the Department, 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 recognized 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 applicants and
appointees made by the Department and its components or other
Federal agencies are recognized on a reciprocal basis by the
Department and its components; and
(5) information relating to the degree to which the
Secretary, acting through the Chief Security Officer of the
Department, uses the authority authorized 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, shall develop a plan to provide suitability and fitness
determination status updates to Federal applicants and appointees in a
manner similar to such updates provided to contractor representatives
pursuant to subsection (d).
(i) Exigent Circumstances Fitness Determination Review.--The Chief
Security Officer of the Department may conduct an immediate review of a
fitness determination 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 additional 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.
(2) Contracts.--The term ``contracts'' includes--
(A) personal services contracts;
(B) contracts between any non-Federal entity and
the Department; and
(C) subcontracts between any non-Federal entity and
another non-Federal entity to perform work related to
the primary contract with the Department.
(3) Contractor employee.--The term ``contractor 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 facilities,
information, information technology systems, 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 employed by a contractor who is
designated in writing by an authorized official of a contractor
as responsible for managing and communicating with the
Department or its components on behalf of such contractor on
matters relating to fitness determinations, and is certified
pursuant to subsection (e)(1) regarding the adequate protection
of personally identifiable information.
(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 individual to perform
work for, or on behalf of, a Federal agency in the excepted
service, other than a position subject to a suitability
determination or as a nonappropriated fund instrumentality
employee.
(7) Fitness determination.--The term ``fitness
determination'' means a decision by a Federal agency that an
individual does or does not have the required level of
character and conduct necessary to perform work for or on
behalf of a Federal agency in the excepted service, other than
a position subject to a suitability determination, as a
contractor employee, or as a nonappropriated fund
instrumentality employee.
(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 Prevention Act of 2004 (50 U.S.C. 3341).
(10) Suitability determination.--The term ``suitability
determination'' has the meaning given such term in section
731.101 of title 5, Code of Federal Regulations.
SEC. 412. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED 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:
``SEC. 839B. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO NATIONAL
SECURITY INTERESTS ACCORDING TO CERTAIN CRITERIA.
``(a) Requirement.--The Secretary shall ensure that any procurement
of covered items for a frontline operational component 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 appropriate for quality,
such as ISO 9001:2015 of the International Organization
for Standardization; and
``(C) the ability of a first-tier subcontractor to
fulfill the terms of the contract is verified.
``(3) Each supplier of such a covered item with an insignia
(such as any patch, badge, or emblem) and each supplier of such
an insignia, if such covered item with such insignia or such
insignia, as the case may be, is not produced, applied, or
assembled in the United States, shall--
``(A) store such covered item with such insignia or
such insignia in a locked area;
``(B) report any pilferage or theft of such covered
item with such insignia or such insignia occurring at
any stage before delivery of such covered item with
such insignia or such insignia; and
``(C) destroy any defective or unusable covered
item with insignia or insignia in a manner established
by the Secretary, and maintain records, for 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 destroyed, the quantity of the covered item
with insignia or insignia destroyed, and the method of
destruction.
``(b) Pricing.--The Secretary shall ensure that covered items are
purchased at a fair and reasonable price, consistent with the
procedures and guidelines specified in the Federal Acquisition
Regulation.
``(c) Report.--Not later than 180 days after the date of the
enactment of this section and annually thereafter, the Secretary shall
submit to the Committee on Homeland Security, the Committee on
Oversight and Reform, and the Committee on Appropriations of the House
of Representatives, and the Committee on Homeland Security and
Governmental Affairs and the Committee on Appropriations of the Senate
a report that includes information relating to the following:
``(1) Instances in which vendors have failed to meet
deadlines for delivery of covered items and corrective actions
taken by the Department in response to such instances.
``(2) The status of efforts to carry out paragraph (1) of
subsection (a).
``(3) A description of how the Department ensures the
compliance of each prime contractor with the requirements of
paragraph (2) of subsection (a) and any instances of non-
compliance.
``(d) 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 Committee on Homeland Security of the House of
Representatives and Committee on Homeland Security and Governmental
Affairs of the Senate an explanation relating to such determination and
specifics 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 congressional committees a report relating to
the adequacy of uniform allowances provided to employees of
Department 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 Department who received
uniform allowances to identify--
``(i) improvements, if any, with respect to
uniform allowances; and
``(ii) impacts, if any, on the relationship
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 Department 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
``(iv) external armor carriers worn over a
uniform.
``(B) Helmets that provide ballistic protection 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 protective
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 operational component' refers to any of
the following components of the Department:
``(A) The Cybersecurity and Infrastructure Security
Agency.
``(B) The Federal Emergency Management Agency.
``(C) The Federal Law Enforcement Training Centers.
``(D) The Federal Protective Service.
``(E) The Transportation Security Administration.
``(F) The United States Secret Service.
``(G) U.S. Customs and Border Protection.
``(H) U.S. Immigration and Customs Enforcement.
``(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 interests according to certain
criteria.''.
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 prohibition under
subsection (a), on a case by case basis, by certifying, in writing, to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate that such a waiver is required--
(1) in the national interest of the United States;
(2) for counter-unmanned aircraft system surrogate testing
and training; or
(3) for intelligence, electronic warfare, or information
warfare operations, testing, analysis, and or training.
(c) Definitions.--In this section:
(1) Covered foreign 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 designated as a strategic competitor
in the ``Summary of the 2018 National Defense Strategy of the
United States of America: Sharpening the American Military's
Competitive Edge'' issued by the Department of Defense pursuant
to section 113 of title 10, United States Code.
(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 manufactured
by such a country or such an entity;
(C) uses a ground control system or operating
software developed in such a country or by such an
entity; or
(D) uses network connectivity or data storage
located in such a country or administered by such an
entity.
(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 UNIVERSITIES (HBCUS) HOMELAND
SECURITY PARTNERSHIPS.
(a) Department-Wide Strategy for Enhanced Partnerships With
Historically Black Colleges and Universities and Minority-Serving
Institutions.--Not later than 90 days after the date of the enactment
of this Act, the Secretary, acting through the Under Secretary for
Strategy, Policy, and Plans of the Department, shall--
(1) issue a Department-wide strategy to enhance
partnerships with historically Black colleges and universities
and minority-serving institutions that includes yearly goals,
including goals related to improving recruitment and hiring,
research and development, and acquisition opportunities at such
institutions, through fiscal year 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 Department-wide
strategy, develop a component-specific action plan to
implement such strategy;
(B) monitor progress on such implementation; and
(C) not later than one year after the date of such
issuance, report to the Secretary regarding progress on
such implementation.
(b) Enhancement of Research and Development Partnerships.--The
Secretary shall seek to enhance partnerships with historically Black
colleges and universities and minority-serving institutions with
respect to administering the research and development activities of the
Department by, among other things--
(1) encouraging the participation of such colleges,
universities, and institutions in the research, development,
testing, and evaluation programs and activities of the
Department;
(2) facilitating partnerships between such colleges,
universities, and institutions and private sector stakeholders,
national laboratories, and other academic institutions in areas
important to homeland security, including cybersecurity,
emergency management, and counterterrorism; and
(3) distributing funds through Science and Technology
Directorate grants, cooperative agreements, and contracts to
such colleges, universities, and institutions for enhancements
in areas important to homeland security, including
cybersecurity, emergency management, and counterterrorism.
(c) Career Opportunities Partnerships.--Not later than 120 days
after the date of the enactment of this Act, the Secretary, acting
through the Chief Human Capitol Officer of the Department, shall make
available to historically Black colleges and universities and minority-
serving institutions a current list of internship, fellowship,
scholarship, and recruitment opportunities within the Department for
students and recent graduates of such colleges, universities, and
institutions.
(d) Acquisition Partnerships.--Not later than 120 days after the
date of the enactment of this Act, the Secretary, acting through the
Chief Procurement Officer of the Department, shall--
(1) identify how to increase the participation of
historically Black colleges and universities and minority-
serving institutions in Department acquisitions, including
identifying existing opportunities for historically Black
colleges and universities and minority-serving institutions to
participate in the contracting program of the Small Business
Administration for minorities; and
(2) disseminate to such colleges, universities, and
institutions--
(A) information identified in accordance with
paragraph (1); and
(B) current and future opportunities to participate
in Department acquisitions.
(e) Annual Report.--
(1) In general.--Not later than one year after enactment of
this Act and annually thereafter through 2026, the Secretary
shall submit to the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the efforts of
the Department to partner with historically Black colleges and
universities and minority-serving institutions to carry out
this section.
(2) Reporting requirements.--The annual reports required
under subsection (a) shall include the following:
(A) A list of awards, including the corresponding
monetary value for each such award, to historically
Black colleges and universities and minority-serving
institutions, disaggregated by grant, contract,
cooperative agreement, and other research development
test and evaluation activity, initiative, and program.
(B) A description of how the Department is
partnering with historically Black colleges and
universities and minority-serving institutions under
the partnerships, programs, and activities 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 historically
Black colleges and universities and minority-serving
institutions, and an identification of any Department
programs and initiatives in which such colleges,
universities, and institutions are under-represented
among institutions of higher education.
(D) A description of the status of efforts made by
the Department pursuant to subsections (a) 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 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,
scholarship, and recruitment opportunity
referred to in such subsection, listed by
historically Black college and university and
minority-serving institution so participating.
(E) A list of memoranda of understanding entered
into by the Department with historically Black colleges
and universities and minority-serving institutions and
information on the parties and scope of each such
memorandum of understanding.
TITLE V--OTHER REFORMS
Subtitle A--Frontline Operational Reforms
SEC. 501. LIMITATIONS RELATING TO SECRETARIAL AUTHORITIES ASSOCIATED
WITH THE PROTECTION OF PUBLIC PROPERTY.
Section 1315 of title 40, United States Code, is amended--
(1) in subsection (b)(1)--
(A) by striking ``of the Department of Homeland
Security, including employees transferred to the
Department'' and insert ``transferred to the
Department''; 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 performance of official
duties,'' and inserting ``To the extent necessary to
protect the property described in subsection (a) and
persons on such property,'';
(B) in subparagraph (B) by striking ``firearms''
and inserting ``a firearm'';
(C) in subparagraph (C) by striking ``if the
officer or agent has reasonable grounds to believe that
the person to be arrested has committed or is
committing a felony;'' and inserting the following:
``if--
``(i) the officer or agent has probable
cause to believe that the person to be arrested
has committed, is committing, or is about to
commit a felony on or related to property owned
or occupied by the Federal Government;
``(ii) the arrest--
``(I) occurs on the Federal
property or an area in the immediate
vicinity of the property and does not
extend beyond any adjacent sidewalk,
public street, or other adjacent areas;
``(II) in the case of an agreement
under subsection (e), occurs in an area
in which arrests are permitted under
the parameters established in such
agreement; or
``(III) is carried out in an area
not covered under subclause (I) or (II)
only if--
``(aa) the officer or agent
is in active pursuit of a
person who is otherwise subject
to arrest under this
subparagraph; and
``(bb) such person exits
the area covered by subclause
(I) or (II), as applicable,
during such pursuit; and
``(iii) there are specific and articulable
facts to support a reasonable belief that the
person may--
``(I) escape before a warrant can
be obtained for his or her arrest;
``(II) destroy evidence; or
``(III) continue the commission of
a felony on or related to property
owned or occupied by the Federal
Government;'';
(D) in subparagraph (E) by inserting before the
semicolon the following: ``, except that such
investigations and any associated surveillance shall be
restricted solely to offenses that may have been
committed against property owned or occupied by the
Federal Government; and''; and
(E) by amending subparagraph (F) to read as
follows:
``(F) carry out such other activities necessary to
protect the property described in subsection (a) and
persons on such property as the Secretary may
prescribe.'';
(3) in subsection (e)--
(A) by striking ``the Secretary may enter into
agreements'' and inserting ``the Secretary shall enter
into agreements, including memoranda of
understanding,''; and
(B) by adding at the end the following new
sentence: ``Any such agreement, including memoranda of
understanding, entered into under this subsection shall
include a requirement that all officers and agents
designated under this subsection and subject to such
agreement wear body cameras while on duty.'';
(4) by redesignating subsections (f) and (g) as subsections
(h) and (i), respectively; and
(5) by inserting after subsection (e) the following new
subsections:
``(f) Identification as Federal Officer.--An officer or agent
designated under this section shall, while engaged in the performance
of official duties, display--
``(1) appropriate insignia identifying the component of the
Department 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 component of the
Department with which such officer or agent is employed;
``(2) inform the individual being arrested of the cause for
such arrest;
``(3) in the case of an arrest carried out pursuant to an
agreement under subsection (e), notify any State or local
government that is party to such agreement of the arrest; and
``(4) document the details of the arrest and the cause for
such arrest.''.
SEC. 502. REQUESTS RELATING TO DEPARTMENT OF HOMELAND SECURITY
PERSONNEL OR EQUIPMENT.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (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. 890F. REQUESTS RELATING TO PERSONNEL OR EQUIPMENT.
``(a) In General.--The Secretary shall provide notification to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate
of the acceptance of a request by the Secretary to augment local law
enforcement capabilities with the deployment of Department personnel,
including law enforcement personnel, unmanned aerial system operations,
or other equipment within 24 hours of such acceptance.
``(b) Exception.--The notification required under subsection (a)
shall not apply to ongoing or routine joint operations or assignments
authorized under law, including section 1303 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1112).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by this Act, is further
amended by inserting after the item relating to section 890E the
following new item:
``Sec. 890F. Requests relating to personnel or equipment.''.
Subtitle B--Accountability and Integrity Reforms and Miscellaneous
Matters
SEC. 511. PRIVACY, CIVIL RIGHTS, AND CIVIL LIBERTIES COORDINATION
REQUIRED.
(a) In General.--No head of a component or office of the Department
may initiate, modify, or expand a program that may substantially impact
the privacy, civil rights, or civil liberties of an individual or
include the collection of personally identifiable information.
(b) Exception.--The prohibition under subsection (a) shall not
apply if the head of the component or office of the Department at issue
coordinates with the Chief Privacy Officer and the Officer for Civil
Rights and Civil Liberties of the Department prior to the initiation,
modification, or expansion referred to in such subsection.
SEC. 512. OFFICE OF PUBLIC AFFAIRS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Under Secretary for Management of the
Department, in coordination with the Assistant Secretary for Public
Affairs of the Department and the General Counsel of the Department,
shall--
(1) issue a code of conduct for all personnel involved in
the public affairs operations of the Department and require
certifications of receipt by such personnel of such code within
30 days of receipt; and
(2) publish and disseminate a Department-wide management
directive and associated guidelines for internal review of all
public-facing materials to maximize the quality, objectivity,
utility, and integrity of information (including statistical
information) that includes information with respect to reviews
of such materials by the Office of General Counsel of the
Department for--
(A) legal sufficiency; and
(B) compliance with section 515 of the Consolidated
Appropriations Act, 2001 (Public Law 106-554)
(otherwise referred to as the ``Data Quality Act'' or
the ``Information Quality Act'') and any other relevant
Federal data integrity requirements.
(b) Review.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the Department shall--
(1) submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate an audit of the public
affairs offices throughout the Department that reviews
compliance with the requirements specified in subsection (a);
and
(2) issue, as appropriate, recommendations to the
Department to improve the quality, objectivity, utility, and
integrity of public-facing materials disseminated by the public
affairs offices throughout the Department.
SEC. 513. DEPARTMENT-WIDE SOCIAL MEDIA POLICY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, acting through the Under
Secretary for Management of the Department, shall issue a Department-
wide management directive with respect to social media activity on
official departmental accounts.
(b) Elements.-- The directive required under subsection (a) shall
include--
(1) information relating to--
(A) the roles and responsibilities of offices
within the Department with respect to monitoring the
compliance of the social media policy of the
Department, including the Office of the General Counsel
and Privacy Office; and
(B) applicable Federal laws, regulations, and
requirements that apply to social media use, including
those related to information quality, ethical conduct,
protecting individual privacy, and records management;
(2) the process for authorizing an official, Department-
branded social media account;
(3) training requirements, including mass communication and
ethics training, for authorizing agency officials to use
Department accounts to communicate in their official capacity;
and
(4) guidance with respect to the use of personal social
media accounts.
(c) Publication.--The Secretary shall maintain a list of all
current official social media accounts of the Department on the website
of the Department.
(d) Social Media Defined.--The term ``social media'' means tools
and technology to share communications, postings, or information on a
public-facing website, web application, or digital application.
SEC. 514. PROPAGANDA PROHIBITED.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary, acting through the Under
Secretary for Management of the Department, shall--
(1) issue a Department-wide directive prohibiting personnel
from engaging in propaganda whether internally or externally,
including with respect to public-facing materials; and
(2) establish a process to enforce the directive required
under paragraph (1).
(b) Inspector General Review.--
(1) In general.--Not later than September 30, 2022, the
Inspector General of the Department shall review--
(A) the internal and external communications within
the Department to determine if there is evidence of the
Department engaging in propaganda with respect to--
(i) the August 2020 Kenosha, Wisconsin,
shooting;
(ii) the 2020 protests in Portland, Oregon;
or
(iii) the issuance of Executive Order
13769; and
(B) the implementation of the Department-wide
directive and oversight process required under
subsection (a).
(2) Report.--After the completion of the review required
under paragraph (1), the Inspector General of the Department
shall issue recommendations, as appropriate, to strengthen
protections against the engagement of propaganda within the
Department.
(c) Propaganda Defined.--In this section, the term ``propaganda''
means information originated or disseminated through the use of
Departmental resources with the intent to promote or publicize a
particular political cause or point of view, including--
(1) materials designed to support or defeat the enactment
of legislation before Congress or any State or local
legislature or legislative body;
(2) materials designed to support or defeat proposed or
pending regulation, administrative action, or order issued by
the executive branch, including any State or local government;
(3) materials self-aggrandizing or overly publicizing and
emphasizing the importance of the agency of the Department or
departmental activity at issue;
(4) materials that are prepared by the agency at issue or
its contractors at the behest of the agency and circulated as
the ostensible position of parties outside the agency without
disclosure that the information originated with the Department;
and
(5) purely partisan materials, including materials designed
to aid a particular political party or candidate subject to
Federal prohibitions with respect to Federal employees.
SEC. 515. OFFICE OF INSPECTOR GENERAL.
(a) In General.--Subtitle B of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 361 et seq.) is amended by inserting before
section 812 the following new section:
``SEC. 811. OFFICE OF INSPECTOR GENERAL.
``(a) Transparency.--
``(1) Publication of reports.--The Office of Inspector
General of the Department shall, in accordance with section
4(a)(5) of the Inspector General Act of 1978, provide to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate and publish on the website of the Inspector
General, the following, irrespective of whether the record
contains recommendations or whether the Department concurs with
included recommendations:
``(A) Any report that substantiates an allegation
of whistleblower retaliation pursuant to the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509
note), Military Whistleblower Protection Act (10 U.S.C.
1034), or Presidential Personnel Directive-19.
``(B) Any report that substantiates an allegation
of misconduct, waste, fraud, abuse, or violation of
Department policy against a member of the Senior
Executive Service or politically appointed official.
``(C) Any other programmatic report, review,
inspection, or audit.
``(2) Congressional reporting.--Beginning with the first
semiannual report transmitted to the to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate pursuant to section 5(b) of the Inspector General Act of
1978 that is transmitted after the date of the enactment of
this Act, each such report shall be accompanied by a list of
ongoing programmatic audits or inspections that include the
following:
``(A) A description of each audit or inspection,
including the office or component under review.
``(B) Information relating to the source of each
audit or inspection.
``(C) Information relating to the actual or
proposed dates for--
``(i) initiating each audit or inspection;
``(ii) submitting a draft report to the
Department for review; and
``(iii) publishing the final report to the
website of the Inspector General pursuant to
paragraph (1).
``(D) An explanation for any significant changes to
the description of an audit or inspection, including
the office or component under review, or a delay of
more than 30 days in the actual or proposed date for
submitting a draft report to the Department for review
or publishing the final report to the website of the
Inspector General of the Department.
``(b) Notification Regarding Misconduct Allegations.--
``(1) In general.--The heads of offices and components of
the Department shall promptly notify the Inspector General of
the Department of all allegations of misconduct with respect to
which the Inspector General has investigative authority under
the Inspector General Act of 1978.
``(2) Waiver.--The Inspector General of the Department may
waive the notification requirement under this subsection with
respect to any category or subset of allegations of misconduct.
``(c) Rule of Construction.--Nothing in this section may be
construed as affecting the authority of the Secretary under subsection
(a) of section 8I of the Inspector General Act of 1978.''.
(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 before the item relating to section 812 the
following new item:
``Sec. 811. Office of Inspector General.''.
SEC. 516. LIMITS ON EXPENSES FOR A SWEARING-IN CEREMONY.
(a) In General.--Notwithstanding any other provision of law, the
Secretary may not obligate or expend any Federal funds or use any
Government property for a reception or gathering after a swearing-in
ceremony.
(b) Exception.--The requirement under subsection (a) shall not
apply if--
(1) it is the swearing-in ceremony for a Presidential
appointee;
(2) the reception or gathering is located at space owned or
leased by the Department;
(3) the Federal funds are used for meals or refreshments
served at such reception or gathering; and
(4) if the total cost for such meals or refreshments does
not exceed an amount established by the Secretary not later
than 90 days after the date of the enactment of this Act.
(c) Reporting.--Not later than October 31, 2021, and annually
thereafter, the Secretary, acting through the Chief Financial Officer
of the Department, shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report relating to the
expenditure of funds in the immediately preceding fiscal year expended
for a swearing-in ceremony pursuant to subsection (b).
(d) Government Property Defined.--In this section, the term
``Government property'' has the meaning given such term in section
2635.704(b)(1) of title 5, Code of Federal Regulations.
SEC. 517. CONFLICT OF INTEREST AWARENESS AND REPORTING.
Not later than 90 days after the date of the enactment of this Act,
the Chief Procurement Officer of the Department shall--
(1) disseminate existing laws, regulations, and agency
policies relating to--
(A) the avoidance of personal conflicts of interest
and improper business practices to all Department
contracting and grant officials; and
(B) protections for such officials that report any
attempt or actual interference by an official of the
Department, an elected official, or a private
individual with a conflict of interest relating to or
an intent to unfairly influence the procurement
process; and
(2) require all Department contracting and grant officials
to certify receipt and review of the information disseminated
pursuant to paragraph (1).
SEC. 518. SUSPENSION AND DEBARMENT PROGRAM.
(a) Establishment.--The Secretary shall establish a suspension and
debarment program that ensures the Department and each of the
components of the Department complies with the laws, regulations, and
guidance related to the suspension, debarment, and ineligibility of
contractors.
(b) Requirements.--The program required to be established under
subsection (a) shall--
(1) require that any referral made by a contracting
official for consideration of actions to protect the interests
of the Federal Government be evaluated, in writing, by an
individual designated within the Department as a suspension and
debarment official in accordance with the program established
under subsection (a) and other applicable Federal regulations;
(2) develop and require training for--
(A) all contracting officials of the Department on
the causes for suspension and debarment; and
(B) compliance with the program established under
subsection (a) and other applicable Federal
regulations; and
(3) include policies and processes for--
(A) tracking, reviewing, and documenting suspension
and debarment decisions, including those related to
poor performance, fraud, national security
considerations, and other criteria determined
appropriate by the Secretary;
(B) ensuring consideration of and referral for
suspension, debarment, or other necessary actions that
protect the interests of the Federal Government;
(C) managing and sharing relevant documents and
information on contractors for use across the
Department;
(D) requiring timely reporting into a centralized
departmental and Government-wide databases by the
suspension and debarment officials to capture
suspension and debarment activities, document
justifications for decisions, or other relevant
information;
(E) issuing guidance to implement such policies and
processes 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.--Not later than one year after the
date of the enactment of this Act and every three years thereafter, the
Inspector General of the Department shall--
(1) conduct audits relating to grant and procurement awards
to identify--
(A) improperly awarded contracts or grants to a
suspended or debarred entity; and
(B) whether corrective actions were taken to
prevent recurrence; and
(2) review the suspension and debarment program established
pursuant to subsection (a) throughout the Department to assess
if--
(A) suspension and debarment criteria are
consistently applied; and
(B) disparities exist in the application of such
criteria, particularly with respect to business size
and categories.
SEC. 519. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.
(a) Qualifications for the Assistant Secretary.--Subsection (b) of
section 1901 of the Homeland Security Act of 2002 (6 U.S.C. 591) is
amended to read as follows:
``(b) Assistant Secretary.--The Countering Weapons of Mass
Destruction Office shall be headed by an Assistant Secretary who
shall--
``(1) be appointed by the President;
``(2) have experience and expertise with respect to
chemical, biological, radiological, or nuclear materials,
devices, or agents; and
``(3) have experience successfully managing a workforce
that includes scientists.''.
(b) Transition for Assistant Secretary.--If the incumbent serving
in the position of the Assistant Secretary for Countering Weapons of
Mass Destruction of the Department on the date of the enactment of this
Act does not satisfy the requirements of subsection (b) of section 1901
of the Homeland Security Act of 2002, as amended by subsection (a),
such incumbent may retain such position until the appointment of a
qualified individual to such position or six months after the date of
enactment of this Act, whichever is earlier.
(c) Workforce Morale and Retention.--Not later than 90 days after
the date of the enactment of this Act, the Assistant Secretary for
Countering Weapons of Mass Destruction of the Department, in
coordination with the Chief Human Capital Officer of the Department,
shall submit to the appropriate congressional committees a report
relating to morale and employee retention challenges with respect to
the Countering Weapons of Mass Destruction Office of the Department.
(d) Establishment of Certain Center and Program.--Not later than
120 days after the date of the enactment of this Act, the Assistant
Secretary for Countering Weapons of Mass Destruction of the Department
shall submit to the appropriate congressional committees a report
relating to the establishment of the National Technical Nuclear
Forensics Center and the National Nuclear Forensics Expertise
Development Program pursuant to paragraphs (11) and (12) of section
1923(a) of the Homeland Security Act of 2002 (6 U.S.C. 592(a)).
(e) Notice of Delay.--If the Secretary does not submit a briefing
and a report required pursuant to section 2(g) of the Countering
Weapons of Mass Destruction Act of 2018 (Public Law 115-387; 6 U.S.C.
591 note) by the deadline required by such Act, the Secretary shall--
(1) not later than one week from the date of such deadline,
provide written notice specifying reasons for not submitting
such briefing and report; and
(2) not later than two weeks from the date of such
deadline, submit such briefing and report.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Homeland Security of the House of
Representatives; and
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 520. ANNUAL CATALOG ON DEPARTMENT OF HOMELAND SECURITY TRAINING,
PUBLICATIONS, PROGRAMS, AND SERVICES FOR STATE AND LOCAL
LAW ENFORCEMENT AND ANNUAL REPORTING REQUIREMENTS.
Section 2006(b) of the Homeland Security Act of 2002 (6 U.S.C.
607(b)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking the period and
inserting ``; and''; and
(C) by adding after subparagraph (F) the following
new subparagraph:
``(G) produce an annual catalog that summarizes
opportunities for training, publications, programs, and
services available to State, local, and Tribal law
enforcement agencies from each component and office of
the Department and, not later than 30 days after the
date of such production, disseminate such catalog,
including by--
``(i) making such catalog available to
State, local, and Tribal law enforcement
agencies, including by posting such catalog on
the website of the Department and cooperating
with national organizations that represent such
agencies;
``(ii) making such catalog available
through the Homeland Security Information
Network; and
``(iii) submitting such catalog to the
Committee on Homeland Security and the
Committee on the Judiciary of the House of
Representatives and the Committee on Homeland
Security and Governmental Affairs and the
Committee on the Judiciary of the Senate.'';
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) Annual report.--
``(A) In general.--Not later than 90 days after the
conclusion of the fiscal year and annually thereafter
through 2026, the Deputy Assistant Secretary for State
and Local Law Enforcement of the Department shall
submit to the Committee on Homeland Security and the
Committee on the Judiciary of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on the
Judiciary of the Senate a report relating to the
activities of the Deputy Assistant Secretary for the
immediately preceding fiscal year.
``(B) Elements.--Each such report required under
subparagraph (A) shall include, for the fiscal year
covered by such report, a description of each of the
following:
``(i) Efforts to coordinate and share
information regarding Department and component
agency programs with State, local, and Tribal
law enforcement agencies.
``(ii) Efforts to improve information
sharing through the Homeland Security
Information Network by appropriate component
agencies of the Department and by State, local,
and Tribal law enforcement agencies.
``(iii) The status of performance metrics
to evaluate the effectiveness of efforts to
carry out responsibilities specified in this
subsection.
``(iv) Any feedback from State, local, and
Tribal law enforcement agencies about the
Office, including the mechanisms utilized to
collect such feedback.''.
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