(a) Short title.—This Act may be cited as the “Department of Homeland Security Reform Act of 2020” or the “DHS Reform Act of 2020”.

(b) Table of contents.—The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

(a) In general.—Section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) is amended—

(1) 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”; and

(2) by adding at the end the following new subsection:

“(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) Conforming amendments.—Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended—

(1) in the subsection heading, by inserting “; Assistant Secretaries and Other Officers” after “Under Secretaries”;

(2) in paragraph (1)—

(A) by inserting after subparagraph (A) the following subparagraph (B) and making conforming changes:

“(B) An Associate Secretary of Homeland Security, who shall be the Secretary’s second assistant for purposes of subchapter III of chapter 33 of title 5, United States Code and shall, on behalf of the Secretary, direct, authorize, and control U. S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Secret Service, and Federal Protective Service, and, in consultation with the Deputy Secretary, the law enforcement activities in other Department components.”; and

(B) by amending subparagraph (I) to read as follows:

“(I) An Administrator of the Transportation Security Administration.”;

(3) 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 in addition to five assistant secretaries with divided responsibility for the following areas:

“(i) Strategy.

“(ii) Threat prevention, including targeted violence.

“(iii) Integration.

“(iv) Border.

“(v) Immigration, including immigration statistics.

“(vi) Cybersecurity and infrastructure security.

“(vii) Screening and vetting, including biometrics.

“(viii) Law enforcement.

“(ix) Foreign investment and trade.”; and

(4) 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.”.

Amend section 103(g) of the Homeland Security Act as follows:

(1) In paragraph (1), strike “neither the Secretary nor Deputy Secretary is” and insert “the Secretary, Deputy Secretary, and Associate Secretary are not”.

(2) In paragraph (2), insert “(A)” before “such other officers” and strike and replace remaining text with the following:

“(A) such other official of the Department 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) such other official of the Department 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.”.

Insert at the end of section 103 of the Homeland Security Act the following:

“(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.”.

(a) In general.—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 at least five assistant secretaries within the Office of Strategy, Policy, and Plans with divided responsibility for the following areas:

“(i) Strategy.

“(ii) Threat prevention, including targeted violence.

“(iii) Integration.

“(iv) Border.

“(v) Immigration, including immigration statistics.

“(vi) Cybersecurity and infrastructure security.

“(vii) Screening and vetting, including biometrics.

“(viii) Law enforcement.

“(ix) Foreign investment and trade.”;

(2) in subsection (c)(1), by inserting “, including for activities that cross multiple Department components” before the semicolon at the end;

(3) in subsection (c)(6), by inserting “, including feedback from organizations representing the needs of children,” after “stakeholder feedback”;

(4) by redesignating subsections (e) through (g) as subsections (f) through (h), respectively; and

(5) 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) coordinate international activities within the Department, including activities carried out by the components of the Department, in consultation with other Federal officials with responsibility for counterterrorism and homeland security matters;

“(2) advise, inform, and assist the Secretary with respect to the development and implementation of the international policy priorities of the Department, including strategic priorities for the deployment of assets, including personnel, outside the United States;

“(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 representatives of a foreign government regarding an agreement and, as appropriate, support 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.”.

(b) Abolishment of office of international affairs.—

(1) IN GENERAL.—The Office of International Affairs within the Office of the Secretary of Homeland Security is abolished.

(2) TRANSFER OF ASSETS AND PERSONNEL.—The functions authorized to be performed by the office referred to in paragraph (1) 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 of Homeland Security.

(3) CONFORMING AMENDMENT.—The Homeland Security Act of 2002 is amended by striking section 879 (6 U.S.C. 459).

(4) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is amended by striking the item relating to section 879.

(c) Homeland security advisory council.—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 includes representatives with relevant homeland security expertise or experience and not less than two representatives with expertise or experience with respect to protecting privacy and civil rights and civil liberties to 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 the Homeland Security Advisory Council’s members and subcommittee assignments;

“(B) a summary of all recommendations made by the Homeland Security Advisory Council, including by any subcommittees; and

“(C) a description of any action the Department has taken in response to such recommendations.”;

(2) by striking subsection (f);

(3) by redesignating subsection (g) as subsection (f); and

(4) by adding at the end the following new subsection:

“(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.”.

(d) Conflicts of interest policy.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Under Secretary for Strategy, Policy, and Plans of the Department of Homeland Security, shall issue a written policy to members of the Homeland Security Advisory Committee regarding conflicts of interests requirement set forth in subsection (g) of section 102 of the Homeland Security Act of 2002, as amended by this section.

(e) Counterterrorism and targeted violence strategy.—

(1) IN GENERAL.—No later than 180 days of enactment of this Act, the Under Secretary for Strategy, Policy, and Plans of the Department of Homeland Security shall update or replace the strategic framework to counter terrorism and targeted violence, as issued by the Department in September 2019, and associated implementation plans to ensure that the Department’s strategic framework and implementation plans—

(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 Department’s prevention and preparedness activities address the threat environment.

(2) REVIEWS.—Starting two years after implementation of paragraph (1), the Under Secretary shall carry out a review of the Department’s strategic framework and implementation plans to counter terrorism and targeted violence and update or replace such plans to ensure that such strategic frameworks and plans address the current threat environment for domestic terrorism, international terrorism, targeted violence, and emerging threats, including violent white supremacist extremism and specify how the Department’s prevention and preparedness activities address the threat environment.

(f) Activities related to children report.—Not later than 1 year after the date of the enactment of this Act and annually thereafter for 5 years, the Under Secretary for Strategy, Policy, and Plans of the Department of Homeland Security 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 describing the efforts the Department has undertaken to review and incorporate feedback from organizations representing the needs of children into Department policy in accordance with paragraph (6) of section 709(c) of the Homeland Security Act of 2002 (as amended by section 2 of this Act), including information on the following:

(1) The designation of any individual responsible for carrying out such paragraph (6).

(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 paragraph (6) conducted to inform any such review, change, modification, or promulgation of such policies, programs, or activities.

(g) Definitions.—In this section, each of the terms “functions”, “assets”, and “personnel” has the meaning given each such term under section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).

(a) Transparency.—

(1) PUBLICATION OF REPORTS.—The Office of Inspector General shall, in accordance with section 8M(b)(1) 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 Inspector General’s website, 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, Military Whistleblower Protection Act, 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; and

(C) any other programmatic report, review, inspection or audit.

(2) CONGRESSIONAL REPORTING.—The semiannual report transmitted to the appropriate congressional committees pursuant to section 5(b) of the Inspector General Act of 1978 immediately following enactment of this Act, and each subsequent semiannual report transmitted, shall be accompanied by a list of ongoing programmatic audits or inspections that includes, at a minimum, the following information:

(A) Description of each audit or inspection, including the office(s) or component(s) under review.

(B) Source of each audit or inspection.

(C) 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 Inspector General’s website pursuant to subsection (b)(1).

(D) Explanation for any significant changes to the description of an audit or inspection, including the office(s) or component(s) 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 Inspector General’s website.

(b) Notification regarding misconduct allegations.—The heads of offices and components of the Department of Homeland Security 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. The Inspector General 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 of Homeland Security under subsection (a) of section 8I of the Inspector General Act of 1978 (5 U.S.C. App. 8I).

(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 of Homeland Security, 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 Department’s public affairs operations and require certifications of receipt 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 on when to engage with the Office of General Counsel of the Department to execute—

(A) a legal sufficiency review; and

(B) a compliance review in accordance with section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001 (Public Law 106–554).

(b) Review.—Not later than one year after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security 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 of Homeland Security to improve the quality, objectivity, utility, and integrity of public-facing materials disseminated by the public affairs offices throughout the Department.

Section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113), as amended by this Act, is further amended by adding at the end the following new subsection:

“(i) Assistant Secretary for Legislative Affairs.—The Assistant Secretary for Legislative Affairs shall serve as the primary liaison to Congress and shall maintain one internal reporting structure for engaging with authorizing and appropriating congressional committees.

“(1) 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.

“(2) DEPARTMENT REPORTS.—

“(A) 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 Senate or the Committee on Appropriations of the House of Representatives under any provision of law shall be submitted concurrently to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.

“(B) APPLICABILITY.—Subparagraph (A) shall apply with respect to any report described in such subparagraph that is submitted on or after the date of enactment of this subsection.

“(C) 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.”.

(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:

(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 of Homeland Security 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 reports.—

(1) IN GENERAL.—For each of fiscal years 2021 through 2025, the Assistant Secretary for Partnership and Engagement of the Department of Homeland Security 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. Each such report shall include, for the fiscal year covered by such report, a description of all programs, events, activities, and outreach conducted by the following sub-offices and campaigns of the Office:

(A) The Office of Intergovernmental Affairs.

(B) The Private Sector Office.

(C) The Loaned Executive Program.

(D) The Office of Academic Engagement.

(E) The Committee Management Office.

(F) The “If You See Something, Say Something®” Public Awareness Campaign.

(G) The Blue Campaign.

(H) Faith Initiatives.

(2) STATE AND LOCAL LAW ENFORCEMENT REPORT REQUIREMENTS.—Section 2006(b) of the Homeland Security Act of 2002 (6 U.S.C. 607(b)) is amended—

(A) by redesignating paragraph (5) as paragraph (6); and

(B) by inserting after paragraph (4) the following new paragraph (5):

“(5) ANNUAL REPORT.—For each of fiscal years 2021 through 2025, the Deputy Assistant Secretary for State and Local Law Enforcement 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 on the Deputy Assistant Secretary’s activities for the period. Each such report shall include, for the fiscal year covered by such report, a description of each of the following:

“(A) Efforts to coordinate and share information regarding Department and component agency programs with State, local, and Tribal law enforcement agencies.

“(B) 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.

“(C) The status of performance metrics to evaluate the effectiveness of efforts to carry out responsibilities specified in this subsection.

“(D) Any feedback from State, local, and Tribal law enforcement agencies about the Office, including the mechanisms utilized to collect such feedback.”.

(d) Annual catalog on Department of Homeland Security training, publications, programs, and services for State, local, and Tribal law enforcement agencies.—Section 2006(b)(4) of the Homeland Security Act of 2002 (6 U.S.C. 607(b)(4)) is amended—

(1) in subparagraph (E), by striking “and” at the end;

(2) in subparagraph (F), by striking the period and inserting “; and”; and

(3) by adding at the end 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 the Department and from each component and office within 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.”.

(e) Abolishment of Office for State and Local Government Coordination.—

(1) IN GENERAL.—The Office for State and Local Government Coordination of the Department of Homeland Security is abolished.

(2) TRANSFER OF FUNCTIONS AND ASSETS.—The functions authorized to be performed by the Office for State and Local Government Coordination of the Department of Homeland Security 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 this section.

(3) CONFORMING AMENDMENT.—The Homeland Security Act of 2002 is amended by striking section 801 (6 U.S.C. 631).

(4) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is amended by striking the item relating to section 801.

(f) Abolishment of Special Assistant to Secretary of Homeland Security.—

(1) IN GENERAL.—In accordance with the amendment made by section 104(c)(2) of this Act (relating to striking subsection (f) of section 102 of the Homeland Security Act of 2002), the position of Special Assistant to the Secretary authorized by such subsection (f) is abolished.

(2) TRANSFER OF FUNCTIONS AND ASSETS.—The functions authorized to be performed by the Special Assistant to the Secretary referred to in paragraph (1) 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 this section.

(g) 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 710 the following new item:

“Sec. 711. Office of Partnership and Engagement.”.

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 of the Department in developing privacy policies and practices;

“(7) establishing a mechanism to ensure such components 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 and overseeing the records, management policies, and procedures of the Department;

“(9) working with components and offices of the Department to ensure that information sharing activities incorporate privacy protections;

“(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 the management and processing of requests for information under section 552 of title 5, United States Code, within Department Headquarters and relevant Department component offices;

“(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 Department component offices 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 in the course of 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 intelligence information under this Act is, to the extent practicable, shared, retained, and disseminated in a manner consistent with the protection of the privacy rights; and

“(B) provide training to intelligence personnel on privacy rights, regulations, and information practices as specified in section 552a of title 5, United States Code (commonly referred to as the ‘Privacy Act of 1974’) and other relevant laws, with a focus on personnel who have authority to disseminate information analyzed by the Department pursuant to paragraph (6) of section 201(d) or the responsibility to review information to be disseminated pursuant to paragraph (6) of 201(d); and

“(18) carrying out such other responsibilities as the Secretary determines are appropriate, consistent with this section.”; and

(2) by adding at the end the following new subsection:

“(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 requirements of such section.

“(g) Privacy working group.—

“(1) IN GENERAL.—The Chief Privacy Officer, or, if the Secretary determines appropriate, whoever is 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 involved in administration of section 552 of title 5, United States Code (commonly referred to as the ‘Freedom of Information Act’) in furtherance of improving the Department’s timely compliance 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 Department component offices.

“(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 involved in the administration of section 552 of title 5, United States Code, including on 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.”.

(a) In general.—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) lead and provide guidance on performance-based budgeting practices for the Department to ensure that the Department and its components are meeting missions and goals;

“(3) lead cost-estimating practices for the Department, including the development of policies on cost estimating and approval of life cycle cost estimates;

“(4) coordinate with the Office of Strategy, Policy, and Plans to ensure that the development of the budget for the Department is compatible with the long-term strategic plans, priorities, and policies of the Secretary;

“(5) develop financial management policy for the Department and oversee the implementation of such policy, including the establishment of effective internal controls over financial reporting systems and processes throughout the Department;

“(6) provide guidance for and over financial system modernization efforts throughout the Department;

“(7) lead the efforts of the Department related to financial oversight, including identifying ways to streamline and standardize business processes;

“(8) oversee the costs of acquisition programs and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable, or can be adequately funded, over the lifecycle of such programs and activities;

“(9) implement fully by fiscal year 2022 a common accounting structure to be used across the entire Department;

“(10) track, approve, oversee, and make public information on expenditures by components of the Department for conferences, as appropriate, including by requiring each component to—

“(A) report 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 the expenditures by such component for each conference hosted or attended by Department employees for which the total expenditures of the Department exceed $20,000, within 15 days after the date of the conference; 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) provide 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 regarding the financial functions of the Department.”.

(b) Rule of construction.—Nothing in the amendment made by this section may be construed as altering or amending the responsibilities, authorities, and functions of the Chief Financial Officer of the Department of Homeland Security under section 902 of title 31, United States Code.

(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 subsections (b) and (c) as subsections (d) and (e), respectively; and

(3) by inserting after subsection (a) the following new subsections:

“(b) Responsibilities.—In addition to performing the functions under section 3506 of title 44, United States Code, the Chief Information Officer shall serve as the lead technical authority for information technology programs of the Department and Department components, and shall—

“(1) advise and assist the Secretary, heads of the components of the Department, and other senior officers in carrying out the responsibilities of the Department for all activities relating to the budgets, programs, security, and operations of the information technology functions of the Department;

“(2) to the extent delegated by the Secretary, exercise leadership and 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;

“(3) maintain a consolidated inventory of the mission critical and mission essential information systems of the Department, and develop and maintain contingency plans for responding to a disruption in the operation of any of such information systems;

“(4) maintain the security, visibility, reliability, integrity, and availability of data and information technology of the Department;

“(5) establish and implement policies and procedures to effectively monitor and manage vulnerabilities in the supply chain for purchases of information technology, in consultation with the Chief Procurement Officer of the Department;

“(6) 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;

“(7) assess the risk of all major information technology investments and publicly report the risk rating to the Office of Management and Budget; and

“(8) carry out any other responsibilities delegated by the Secretary consistent with an effective information system management function.

“(c) Strategic plans.—In coordination with the Chief Financial Officer, the Chief Information Officer shall develop an information technology strategic plan every five years and report to the Committee on Homeland Security 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 on the extent to which—

“(1) the budget of the Department aligns with priorities specified in the information technology strategic plan;

“(2) the information technology strategic plan informs the budget process of the Department;

“(3) information technology priorities were or were not funded and the reasons for not funding all priorities in a given fiscal year;

“(4) the Department has identified and addressed skills gaps needed to implement the information technology strategic plan; and

“(5) unnecessary duplicate information technology within and across the components of the Department has been eliminated.”.

(b) Software licensing.—

(1) SOFTWARE INVENTORY.—Not later than 180 days after the date of the enactment of this Act and every two years thereafter until 2024, the Chief Information Officer of the Department of Homeland Security, in consultation with Department component chief information officers, shall—

(A) conduct a Department-wide inventory of all existing software licenses held by the Department, including utilized and unutilized licenses;

(B) assess the needs of the Department and the components of the Department for software licenses for the subsequent two fiscal years;

(C) examine how the Department can achieve the greatest possible economies of scale and cost savings in the procurement of software licenses;

(D) determine in writing how the use of shared cloud-computing services will impact the needs for software licenses for the subsequent two fiscal years;

(E) establish plans and estimated costs for eliminating unutilized software licenses for the subsequent two fiscal years; and

(F) submit a copy of each inventory conducted under subparagraph (A) and each written determination conducted under subparagraph (D) to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.

(2) PLAN TO REDUCE SOFTWARE LICENSES.—If the Chief Information Officer of the Department of Homeland Security determines through the inventory conducted under paragraph (1) that the number of software licenses held by the Department and the components of the Department exceed the needs of the Department, not later than 90 days after the date on which the inventory is completed, the Secretary of Homeland Security shall establish a plan for reducing the number of such software licenses to meet the needs of the Department.

(c) Comptroller general review.—Not later than fiscal year 2021, the Comptroller General of the United States shall review the extent to which the Chief Information Officer of the Department of Homeland Security fulfilled all requirements established in this section and the amendment made by this section.

(d) 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 of Homeland Security 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.

(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:

(b) 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 711, as added by this Act, the following new item:

“Sec. 712. 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:

(b) Clerical amendment.—The table of contents in section 1(b) of such Act is further amended by inserting after the item relating to section 712, as added by this Act, the following new item:

“Sec. 713. Chief Security Officer.”.

Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343), as amended by this Act, is further amended by adding at the end the following new subsection:

“(f) 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 demonstrated training and experience in the 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 shall be responsible for the following:

“(A) Ensuring that the Department conforms with data management best practices recognized across industry 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.

“(E) Promoting the use of modern data systems to improve Department operations.

“(F) Coordinating the storage of Department records in accordance with the National Archives and Records Administration’s General Records Schedules.

“(G) Publishing guidance for revising record schedule proposals which shall include guidelines for keeping a written record of justification for such revisions.

“(H) Overseeing, in consultation with the Chief Privacy Officer of the Department, as appropriate, the Department’s compliance with the following responsibilities:

“(i) Issuing guidelines ensuring and maximizing 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 Department’s guidelines.

“(iii) Reporting to the Director of the Office of Management and Budget about the number and nature of complaints received by relevant components of the Department regarding the accuracy of information disseminated and how such complaints were handled 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 other Federal agencies and the Office of Management and Budget on data and the best way to use 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) have the qualifications described under 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 periodically thereafter as necessary, 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 implementation of this subsection, including 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.”.

(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 5 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 3 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 allegations 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 the 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 a copy of each report produced under paragraph (2) to the Secretary and to the relevant head of each relevant operational component of the Department.

“(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 that component. The Officer for Civil Rights and Civil Liberties of each such component 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 the components.

“(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 allegations 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 allegations;

“(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 item relating to section 705 in section 1(b) of the Homeland Security Act of 2002 is amended to read as follows:

“Sec. 705. Officer for Civil Rights and Civil Liberties.”.

(a) Qualifications for the Assistant Secretary.—Section 1901(b) of the Homeland Security Act is amended by inserting before the period at the end the following: “and shall have experience and expertise in chemical, biological, radiological, or nuclear materials, devices or agents and experience successfully leading a workforce that includes scientists”.

(b) Workforce Morale and Retention.—Not later than 90 days after enactment of this Act, the Assistant Secretary for Countering Weapons of Mass Destruction, in coordination with 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 a plan, that includes metrics, for the Department to address morale and employee retention challenges within the office.

(c) National Technical Nuclear Forensics Center.—Not later than 120 days after enactment of this Act, the Assistant Secretary for Countering Weapons of Mass Destruction shall submit a report on implementation of paragraphs (11) and (12) of section 1923(a) of the Homeland Security Act.

(d) Notice of Delay.—Should the Secretary fail to comply with provisions of subsection (g) of section 2 of Public Law 115–387 by the deadline listed therein, the Secretary shall provide the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate with written notice not later than one week following the deadline listed in subsection (g), specifying the reasons for the failure, and comply with the provisions of subsection (g) within two weeks of the delivery deadline of said notice. Nothing in this section shall be construed to limit, or otherwise affect the reporting required under subsection (g).

(a) In general.—Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following new section:

(b) 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 320 the following new item:

“Sec. 321. Countering Unmanned Aircraft Systems Coordinator.”.

(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:

(b) Transnational White Supremacism Extremism Report.—

(1) IN GENERAL.—Not later than 180 days after enactment of this Act, the chair 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 current efforts and future plans to combat violence in the United States and against United States persons and interests abroad associated with foreign white supremacist extremist organizations.

(2) CLASSIFICATION.—The report required under paragraph (1) shall be submitted in unclassified form and be made publicly available, but may include a classified annex for any sensitive or classified information if necessary.

(c) Clerical amendment.—The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 210G the following new item:

“Sec. 210H. Departmental coordination on counterterrorism.”.

(d) Report.—Not later than 90 days after the date of the enactment of this Act, 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 status and activities of the board established under section 210H of the Homeland Security Act of 2002, as added by subsection (a).

(a) In general.—Subtitle H of title VIII of the Homeland Security Act of 2002 is amended by adding at the end the following new section:

(b) 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 890A the following new item:

“Sec. 890B. Department leadership 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:

(b) 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 714 the following new item:

“Sec. 714. School security coordinating council.”.

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; and

(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 Department’s human capital information technology infrastructure, 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 ensure each program’s purpose, structure, and eligibility requirements align with Department and component workforce strategies and to eliminate unnecessary or duplicative programs;

“(B) maintain data on the number of participants, including attrition and graduation rates, for each internship program by fiscal year;

“(C) identify opportunities and mechanisms to convert or hire internship participants that satisfactorily complete program requirements to permanent positions;

“(D) track the conversion or 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.

“(2) DEFINITIONS.—In this section, 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 (6), (7), and (8), respectively; and

(B) by inserting after paragraph (1) the following new paragraphs:

“(2) information on employee development opportunities catalogued pursuant to paragraph (9) of subsection (b) and any available data on participation rates, attrition rates, and impacts on retention and employee satisfaction;

“(3) information on the progress of Department-wide strategic workforce planning efforts as determined under paragraph (2) of subsection (b);

“(4) information on the activities of the employee engagement steering committee established pursuant to section 715, including the number of meeting, types of materials developed and distributed, and recommendations made to the Secretary;

“(5) information on the implementation status of any cybersecurity-focused personnel systems used to recruit, retain, and manage mission critical cybersecurity talent authorized pursuant to the Secretary’s authority under section 2208;”.

(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:

(b) Clerical amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item related to section 714, as added by this Act, the following new item:

“Sec. 715. Employee engagement.”.

(c) Submissions to Congress.—

(1) DEPARTMENT-WIDE EMPLOYEE ENGAGEMENT ACTION PLAN.—The Secretary of Homeland Security, acting through the Chief Human Capital Officer of the Department of Homeland Security, 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 715 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 of Homeland Security 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 715 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.

(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:

(b) 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 715, as added by this Act, the following new item:

“Sec. 716. Annual employee award program.”.

(a) Enhancements to the rotation program.—Section 844 of the Homeland Security Act of 2002 (6 U.S.C. 414) is amended—

(1) By striking “(a) Establishment.—”

(2) by redesignating paragraphs (1) through (5) as subsections (a) through (e), respectively, and adjusting the margins accordingly;

(3) 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”;

(4) 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 before “invigorate” the following: “seek to improve morale and retention throughout the Department and”;

(5) in subsection (c), as redesignated by paragraph (2)—

(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;

(6) by redesignating subsections (d) and (e), as redesignated by paragraph (2), as subsections (e) and (f), respectively;

(7) by inserting after subsection (c) the following new subsection:

“(d) Administrative matters.—In carrying out the Rotation Program the Secretary shall—

“(1) before selecting employees for participation in the Rotation Program, disseminate information broadly within the Department about the availability of the Rotation Program, qualifications for participation in the Rotation Program, including a minimum length of full-time employment within the employing component or office not less than one year, and the general provisions of the Rotation Program;

“(2) require as a condition of participation in the Rotation Program that an employee—

“(A) is nominated by the head of the component or office employing the employee; and

“(B) is selected by the Secretary, or the Secretary’s designee, solely on the basis of relative ability, knowledge, and skills, after fair and open competition that assures that all candidates receive equal opportunity;

“(3) ensure that each employee participating in the Rotation Program shall be entitled to return, within a reasonable period of time after the end of the period of participation, to the position held by the employee, or a corresponding or higher position, in the component or office that employed the employee prior to the participation of the employee in the Rotation Program;

“(4) require that the rights that would be available to the employee if the employee were detailed from the employing component or office to another Federal agency or office remain available to the employee during the employee’s participation 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 office or component employing the employee 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 weight with respect to promotions and other rewards as performance evaluations for service in the office or component employing the employee.”; and

(8) by adding at the end the following new subsection:

“(g) Intelligence rotational assignment program.—

“(1) ESTABLISHMENT.—The Secretary shall establish an Intelligence Rotational Assignment Program as part of the Rotation Program under subsection (a).

“(2) ADMINISTRATION.—The Chief Human Capital Officer, in conjunction with the Chief Intelligence Officer, shall administer the Intelligence Rotational Assignment Program established pursuant to paragraph (1).

“(3) ELIGIBILITY.—The Intelligence Rotational Assignment Program established pursuant to paragraph (1) shall be open to employees serving in existing analyst positions within the Department’s Intelligence Enterprise and 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) Congressional notification and oversight.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide 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 of the Senate information about 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.

(a) In general.—Subtitle E of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 411 et seq.) is amended by adding at the end the following new section:

(b) Clerical amendment.—The table of contents in section 1(b) of such Act is amended by adding at the of the items relating to such subtitle the following:

“Sec. 846. Rotational cybersecurity research program. ”.

(a) Program.—Subtitle D of title XIII of the Homeland Security Act of 2002 (5 U.S.C. 3301 note et seq.) is amended by adding at the end the following new section:

(b) Clerical amendments.—The table of contents for such Act is amended by inserting after the item relating to section 1332 the following new item:

“Sec. 1333. Intelligence and cybersecurity diversity fellowship program.”.

Section 2208 of the Homeland Security Act of 2002 (6 U.S.C. 658) is amended—

(1) in subsection (c)—

(A) by striking “section” and inserting “Act”; and

(B) by striking “for 4 years”.

(2) in paragraph (2)(B), by inserting “and performance against those measures compared to the prior year” after “progress”; and

(3) in paragraph (4)—

(A) by redesignating paragraphs (A), (B), (C), (D), (E), and (F) as paragraphs (B), (C), (D), (E), (F), and (G), respectively; and

(B) by inserting after paragraph (4) the following new paragraph:

“(A) the target number of qualified positions to be filled by occupation and grade and level or pay band;”.

(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:

(b) 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 716, as added by this Act, the following new item:

“Sec. 717. Acquisition workforce.”.

(c) Workforce plan.—Not later than one year after the enactment of this Act, the Under Secretary for Management shall submit to the congressional homeland security committees and the Comptroller General of the United States an acquisition workforce plan.

(d) Contents.—The plan required under subsection (c) shall include—

(1) a comparison of the number of needed and actual positions in each career field of the Department’s acquisition workforce, including that filled by contractors, by component and by certification level, as appropriate;

(2) a strategy for addressing any gaps identified in the comparison 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 those risks or challenges.

(e) Consultation.—In developing the plan required under subsection (c), the Under Secretary for Management may consult with headquarters, components, employees in the field, and individuals from industry and the academic community.

(f) Review.—Not later than one year after the plan required under subsection (c) is submitted, the Comptroller General of the United States shall conduct a review of the plan and submit a report of its findings to the congressional homeland security committees. The review shall include an assessment of the reliability of the workforce data reported in the plan; an evaluation of the Department’s strategy for addressing any identified workforce gaps, risks, or challenges; and any other recommendations for improving the Department’s acquisition workforce.

(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:

(b) 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 717 the following new item:

“Sec. 718. Acquisition professional career program.”.

(a) In general.—Title VII of the Homeland Security Act of 2002 is amended—

(1) by inserting before section 701 (6 U.S.C. 341) the following:

and

(2) by adding at the end the following new subtitle:

(b) Clerical amendment.—The table of contents of the Homeland Security Act of 2002 relating to the items relating to title VII is amended—

(1) by inserting before the item relating to section 701 the following new item:

and

(2) by inserting at the end the following new items:

(a) Consolidation of fitness standards.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Chief Security Officer of the Department of Homeland Security, 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 of Homeland Security, acting through the Chief Security Officer of the Department of Homeland Security, 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 of Homeland Security 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 of Homeland Security, acting through the Chief Security Officer of the Department of Homeland Security, 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) Fitness adjudication status updates.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Chief Security Officer of the Department of Homeland Security 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 of Homeland Security, acting through the Chief Security Officer of the Department of Homeland Security, 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 of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing—

(1) the number of deviation requests under subsection (b) made to the Chief Security Officer of the Department of Homeland Security, including—

(A) the number of deviation requests approved and the corresponding justification for each such deviation from such fitness standards; and

(B) the number of deviation requests denied and the corresponding justification for each such denial;

(2) information regarding the number and average duration of Federal contractor fitness determinations for each component of the Department;

(3) information regarding the use of programs or policies that allow contractors to begin work prior to the completion of a fitness determination;

(4) to the extent practicable, the number of individuals who, during the preceding calendar year, received an unfavorable fitness determination from the Department by reason of an affiliation with or membership in an organization dedicated to terrorism;

(5) to the extent practicable, the number of individuals who, during the preceding calendar year, received a favorable fitness determination from the Department despite an affiliation with or membership in an organization dedicated to terrorism;

(6) information regarding the degree to which fitness determinations made by the Department and its components or other Federal agencies are recognized on a reciprocal basis by the Department and its components pursuant to subsection (c)(1);

(7) information regarding the degree to which suitability and fitness determinations for Federal 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

(8) information regarding the degree to which the Secretary, acting through the Chief Security Officer of the Department, uses the authority under subsection (c)(2).

(h) Suitability status updates.—Not later than 1 year after the date of the enactment of this Act, the Chief Security Officer of the Department of Homeland Security, in consultation with the Chief Human Capital Officer of the Department, shall develop a plan to provide Federal applicants and appointees with suitability and fitness determination status updates similar to updates provided to contractor representatives under subsection (d).

(i) Exigent circumstances fitness determination review.—The Chief Security Officer of the Department of Homeland Security may conduct an immediate review of a contractor employee’s fitness determination when a contractor employee has engaged in violent acts against individuals, property, or public spaces based on the contractor employee’s association with persons or organizations that advocate, threaten, or use force or violence, or any other illegal or unconstitutional means, in an effort to prevent others from exercising their rights under the Constitution or laws of the United States or of any State, based on factors including, at a minimum, race, religion, national origin, or disability.

(j) No additional funds authorized.—No additional funds are authorized to be appropriated to carry out this Act. This Act shall be carried out using amounts otherwise appropriated.

(k) Definitions.—In this section:

(1) CONTRACTOR.—The term “contractor” has the meaning given such term in section 7101 of title 41, United States Code.

(2) CONTRACTOR EMPLOYEE.—The term “contractor employee” means an individual who performs work for or on behalf of any Federal agency under a contract and who, in order to perform the work specified under such contract, will require access to facilities, information, information technology systems, staff, or other assets of the Department of Homeland Security, and who could, by the nature of the access or duties of such individual, adversely affect the integrity or efficiency of the Department. Such contracts include the following:

(A) Personal services contracts.

(B) Contracts between any non-Federal entity and the Department.

(C) Sub-contracts between any non-Federal entity and another non-Federal entity to perform work related to the primary contract with the Department.

(3) 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 of Homeland Security 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.

(4) EXCEPTED SERVICE.—The term “excepted service” has the meaning given such term in section 2103 of title 5, United States Code.

(5) 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.

(6) 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.

(7) INFORMATION TECHNOLOGY.—The term “information technology” has the meaning given such term in section 11101 of title 40, United States Code.

(8) NONAPPROPRIATED FUND INSTRUMENTALITY EMPLOYEE.—The term “nonappropriated fund instrumentality employee” has the meaning given such term in section 1587(a)(1) of title 10, 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.

(11) TERRORISM.—The term “terrorism” means any criminal acts that involve violence or are dangerous to human life and appear to be intended to intimidate or coerce a civilian population to influence the policy of a government by intimidation or coercion, or to affect the conduct of a government by mass destruction, assassination, or kidnapping.

(a) In general.—Not later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall investigate whether the application in the Department of Homeland Security of discipline and adverse actions are administered 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 or 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 subsection (b)(1) of section 713 of the Homeland Security Act of 2002 (as added by this Act).

(c) Action by under secretary for management.—Upon completion of the investigation described in subsection (a), the Under Secretary for Management of the Department of Homeland Security shall review the findings and recommendations of such investigation and implement a plan, in consultation with the employee engagement steering committee established pursuant to subsection (b)(1) of section 713 of the Homeland Security Act of 2002, to correct any relevant deficiencies identified by the Comptroller General of the United States. The Under Secretary for Management shall direct the employee engagement steering committee to review such plan to inform committee activities and action plans authorized under such section 713.

(a) Definitions.—For purposes of this section—

(1) the term “adjusted basic pay” means—

(A) the rate of pay fixed by law or administrative action for the position held by a covered employee before any deductions; and

(B) any regular, fixed supplemental payment for non-overtime hours of work creditable as basic pay for retirement purposes, including any applicable locality payment and any special rate supplement;

(2) the term “Administrator” means the Administrator of the Transportation Security Administration;

(3) the term “covered employee” means an employee who holds a covered position;

(4) the term “covered position” means a position within the Transportation Security Administration;

(5) the term “conversion date” means the date as of which subparagraphs (A) through (D) of paragraph (3) of subsection (b) take effect;

(6) the term “2019 Determination” means the publication, entitled “Determination on Transportation Security Officers and Collective Bargaining”, issued on July 13, 2019, by Administrator David P. Pekoske;

(7) the term “employee” has the meaning given such term by section 2105 of title 5, United States Code;

(8) the term “Secretary” means the Secretary of Homeland Security; and

(9) the term “TSA personnel management system” means any personnel management system established or modified under—

(A) section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note); or

(B) section 114(n) of title 49, United States Code.

(b) Conversion of TSA personnel.—

(1) RESTRICTIONS ON CERTAIN PERSONNEL AUTHORITIES.—Notwithstanding any other provision of law, effective as of the date of the enactment of this Act—

(A) any TSA personnel management system in use for covered employees and covered positions on the day before such date of enactment, and any TSA personnel management policy, letters, guideline, or directive in effect on such day may not be modified;

(B) no TSA personnel management policy, letter, guideline, or directive that was not established before such date issued pursuant to section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) or section 114(n) of title 49, United States Code, may be established; and

(C) any authority to establish or adjust a human resources management system under chapter 97 of title 5, United States Code, shall terminate with respect to covered employees and covered positions.

(2) PERSONNEL AUTHORITIES DURING TRANSITION PERIOD.—Any TSA personnel management system in use for covered employees and covered positions on the day before the date of enactment of this Act and any TSA personnel management policy, letter, guideline, or directive in effect on the day before the date of enactment of this Act shall remain in effect until the effective date under paragraph (3) of this subsection.

(3) TRANSITION TO GENERAL PERSONNEL MANAGEMENT SYSTEM APPLICABLE TO CIVIL SERVICE EMPLOYEES.—Effective as of the date determined by the Secretary, but in no event later than 180 days after the date of the enactment of this Act—

(A) each provision of law cited in paragraph (9) of subsection (a) of this section is repealed;

(B) any TSA personnel management policy, letter, guideline, and directive, including the 2019 Determination, shall cease to be effective;

(C) any human resources management system established or adjusted under chapter 97 of title 5, United States Code, with respect to covered employees or covered positions shall cease to be effective; and

(D) covered employees and covered positions shall be subject to the provisions of title 5, United States Code.

(4) SAFEGUARDS ON GRIEVANCES.—In carrying out this Act, the Secretary shall take such actions as are necessary to provide an opportunity to each covered employee with a grievance or disciplinary action (including an adverse action) pending within TSA on the date of enactment of this Act or at any time during the transition period described in paragraph (3) of this subsection to have such grievance removed to proceedings pursuant to title 5, United States Code, or continued within TSA.

(c) Transition rules.—

(1) NONREDUCTION IN PAY AND COMPENSATION.—Under pay conversion rules as the Secretary may prescribe to carry out this Act, a covered employee converted from a TSA personnel management system to the provisions of title 5, United States Code, pursuant to paragraph (D) of subsection (b)(3) of this section shall not be subject to any reduction in the rate of adjusted basic pay payable, or total compensation provided, to such covered employee.

(2) PRESERVATION OF OTHER RIGHTS.—In the case of each covered employee as of the conversion date, the Secretary shall take any actions necessary to ensure that—

(A) any annual leave, sick leave, or other paid leave accrued, accumulated, or otherwise available to a covered employee immediately before the conversion date shall remain available to the employee until used; and

(B) the Government share of any premiums or other periodic charges under chapter 89 of title 5, United States Code, governing group health insurance shall remain at least the same as was the case immediately before the conversion date.

(3) GAO STUDY ON TSA PAY RATES.—Not later than the date that is 9 months after the date of enactment of this Act, the Comptroller General shall submit a report to Congress on the differences in rates of pay, classified by pay system, between Transportation Security Administration employees—

(A) with duty stations in the contiguous 48 States; and

(B) with duty stations outside of such States, including those employees located in any territory or possession of the United States.

(4) RULE OF CONSTRUCTION.—During the transition period and after the conversion date, the Secretary shall ensure that the Transportation Security Administration continues to prevent the hiring of individuals who have been convicted of a sex crime, an offense involving a minor, a crime of violence, or terrorism.

(d) Consultation requirement.—

(1) EXCLUSIVE REPRESENTATIVE.—The labor organization certified by the Federal Labor Relations Authority on June 29, 2011, or successor labor organization shall be treated as the exclusive representative of full- and part-time non-supervisory TSA personnel carrying out screening functions under section 44901 of title 49, United States Code, and shall be the exclusive representative for such personnel under chapter 71 of title 5, United States Code, with full rights under such chapter. Any collective bargaining agreement covering such personnel on the date of enactment of this Act shall remain in effect, consistent with paragraph (4).

(2) CONSULTATION RIGHTS.—Not later than 7 days after the date of the enactment of this Act, the Secretary shall consult with the exclusive representative for the personnel described in subsection (a) under chapter 71 of title 5, United States Code, on the formulation of plans and deadlines to carry out the conversion of covered employees and covered positions under this Act. Prior to the conversion date, the Secretary shall provide (in writing) to such exclusive representative the plans for how the Secretary intends to carry out the conversion of covered employees and covered positions under this Act, including with respect to such matters as—

(A) the anticipated conversion date; and

(B) measures to ensure compliance with subsections (b) and (c).

(3) REQUIRED AGENCY RESPONSE.—If any views or recommendations are presented under paragraph (2) by the exclusive representative, the Secretary shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented and provide the exclusive representative a written statement of the reasons for the final actions to be taken.

(4) SUNSET PROVISION.—The provisions of this section shall cease to be effective as of the conversion date.

(a) In general.—Subtitle A of 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:

(b) Clerical amendments.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting at the end of the items relating to subtitle A of title VII the following new items:

“Sec. 719. De-escalation and use of force.
“Sec. 720. Body-worn camera and dashboard cameras.
“Sec. 721. Prohibited use of force.”.

(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 section:

(b) 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 890B the following new item:

“Sec. 890C. De-escalation training.”.

(a) In general.—Not later than 120 days after the date of the enactment of this Act, the Associate Secretary shall commission an assessment of written policies, training, and instances of the utilization by the Department of Homeland Security of less lethal force tactics utilized by the Department within the past three years by a nonprofit research institution with expertise in homeland security, including border security, and law enforcement. Such assessment shall, if appropriate, include any recommendations for changes with respect to such policies or training to improve the use of less lethal force tactics. Such assessment shall, at a minimum, consider the use of the following:

(1) Oleoresin capsicum spray or any other fog or irritant dispensers for 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.

(b) Report.—The assessment required under subsection (a) shall be submitted to the Secretary of Homeland Security not later than one year after the commencement of such assessment. Not later than 90 days after receipt of such assessment, 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 such assessment, together with the Secretary’s feedback on any recommendations contained therein.

(a) In general.—Subtitle H of title VIII of the Homeland Security Act of 2002, as amended by this title, is further amended by adding at the end the following new section:

(b) 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 890C, as added by this title, the following new item:

“Sec. 890D. Requests relating to personnel or equipment.”.

(a) In general.—The Associate Secretary of the Department of Homeland Security, acting through the Under Secretary for Science and Technology of the Department of Homeland Security, 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 those 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 of Homeland Security shall submit to the Secretary of Homeland Security 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 of Homeland Security shall seek research partnerships with historically Black colleges 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)).

(a) In general.—Subtitle A of title VII of the Homeland Security Act of 2002, as amended by this Act, is further amended by adding at the end the following new section:

(b) 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 721, as added by this title, the following new item:

“Sec. 722. Department component insignia required.”.

(a) In general.—Pursuant to section 871 of the Homeland Security Act of 2002 (6 U.S.C. 451), the Associate Secretary of Homeland Security shall establish an advisory committee to the Federal Law Enforcement Training Centers (FLETC) to advise and make recommendations on matters relating to the selection, development, content, and delivery of training by FLETC.

(b) Membership.—The committee established pursuant to subsection (a) shall be comprised of 19 members who possess diverse expertise, knowledge, and experience in law enforcement training, including at least one representative from each of the following:

(1) A national association representing major metropolitan police chiefs.

(2) Rural police departments.

(3) African-American police officers.

(4) Hispanic police officers.

(5) Tribal police officers.

(c) Responsibilities.—The committee shall provide advice and recommendations to FLETC on the following:

(1) Training policy formulation.

(2) Training needs for State, local, and Tribal law enforcement officers, including de-escalation training.

(3) Training curriculum, course content, and evaluation.

(4) Student admission, performance, testing, and evaluation.

(d) Quorum; meetings.—A quorum shall consist of a majority of members and the committee shall meet at least twice annually. All committee meetings shall be open to the public and announced in advance in the Federal Register.

(e) Less than lethal force report.—The committee shall review the report required under section 203(b) and issue, as appropriate, recommendations to FLETC regarding changes in training based on such report.

Section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) is amended—

(1) in subsection (b)(1), by inserting “, including 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 maximum 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.—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 on conducting a self-assessment with respect to adherence to privacy, civil rights, and civil liberties protections to privacy, civil rights, and civil liberties polices, including training. Not later than August 31, 2022, and annually thereafter, such fusion centers shall submit to the Secretary such self-assessments.

“(2) INSPECTOR GENERAL REVIEW.—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. Not later than 90 days after the receipt of the self-assessments, and annually thereafter, the Inspector General shall 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 such centers’ adherence to privacy, civil rights, and civil liberties polices, including training. Each such review shall take into consideration the self-assessments of the fusion centers so sampled and reviewed. The Inspector General shall annually rotate the fusion centers subject to such sampling and review, and shall endeavor to sample and review fusion centers that are diverse 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, the Comptroller General of the United States shall triennially 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.”.

In this title:

(1) DEPARTMENT.—The term “Department” means the Department of Homeland Security.

(2) LOST.—The term “lost” includes loss by theft.

(3) SENSITIVE ASSETS.—The term “sensitive assets” has the meaning given such term in section 701, as amended by section 222 of this Act.

(4) UNDER SECRETARY FOR MANAGEMENT.—The term “Under Secretary for Management” means the Under Secretary for Management of the Department.

Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended—

(1) in subsection (a)(6), by inserting “(including firearms and other sensitive assets)” after “equipment”;

(2) by redesignating the second subsection (e) (relating to the definition of interoperable communications) as subsection (f); and

(3) by amending such redesignated subsection (f) to read as follows:

“(f) Definitions.—In this section:

“(1) INTEROPERABLE COMMUNICATIONS.—The term ‘interoperable communications’ has the meaning given such term in section 7303(g) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)).

“(2) SENSITIVE ASSETS.—The term ‘sensitive assets’ means any asset, regardless of value—

“(A) that the Department issues to a Department employee; and

“(B) that either the Under Secretary for Management or a component head determines requires special control and accounting.”.

(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 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 Act.

(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 Federal Bureau of Investigation’s National Crime Information Center, 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 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 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.

Department component heads shall—

(1) comply with Federal law, Federal regulations, executive branch guidance, and Department policy, including directives required by this Act, 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 safeguard firearms and other sensitive assets in accordance with the directive issued by the Under Secretary for Management under section 223;

(4) require that component personnel adhere to the procedures and timelines for properly reporting to supervisors lost firearms and other sensitive assets;

(5) require that lost firearms and other sensitive assets are reported to local law enforcement, the Federal Bureau of Investigation’s National Crime Information Center, and Department headquarters in the timeframe established in such directive; and

(6) require that lost firearms and other sensitive assets are recorded in inventory systems in the timeframe established by such directive.

The Inspector General of the Department shall, on an ongoing basis, review implementation of this Act and, not later than 180 days after issuance of the Department-wide directive required under section 223, 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 progress and effectiveness of such directive, including an assessment of the adequacy of such directive, as well as the level of compliance among the components of the Department to achieve adequate security of sensitive assets across Department components.

The Director of the Federal Law Enforcement Training Centers (FLETC), in coordination with the Under Secretary for Science and Technology of the Department of Homeland Security, shall conduct research and development of a technology to enhance participation rates in training offered to State, local, and Tribal communities, with particular attention to rural or remote communities, for the purpose of enhancing domestic preparedness for and collective response to terrorism and other homeland security threats.

(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 of Homeland Security, acting through the Under Secretary for Management of the Department of Homeland Security, shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on 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) Each such program’s anticipated accreditation or next reaccreditation date.

(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 of Homeland Security are accredited.

(b) Lapse in accreditation.—

(1) IN GENERAL.—If a basic training program of the Department of Homeland Security 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 of Homeland Security 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 of Homeland Security 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.

(a) In general.—Subtitle D of title VIII of the Homeland Security Act of 2002 is amended by inserting before section 831 the following new section:

(b) Clerical amendment.—The table of contents in section 1(b) of such Act is further amended by inserting before the item relating to section 831 the following new item:

“830. Definitions.”.

(a) In general.—Subtitle A of 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 new section following:

(b) Clerical amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by inserting after the item relating to section 722, as added by this Act, the following new items:

“Sec. 723. Office of Program Accountability and Risk Management.”.

(a) In general.—Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section:

(b) Clerical amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by inserting after the item relating to section 835, as added by this Act, the following new items:

“Sec. 836. Technical support offices. ”.

Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended by—

(1) in subsection (a)(2), inserting “and acquisition management” after “procurement”;

(2) 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; and

(3) 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 is the Chief Acquisition Officer of the Department. As Chief Acquisition Officer, the Under Secretary shall have the authorities and perform the functions specified in such section 1702(b), 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) include the following:

“(A) Advising the Secretary regarding acquisition management activities, taking into account risks of failure to achieve cost, schedule, or performance parameters, to ensure that the Department achieves its mission through the adoption of widely accepted program management best practices (as such term is defined in section 830) and standards and, where appropriate, acquisition innovation best practices.

“(B) Leading the Department’s acquisition oversight body, the Acquisition Review Board, and synchronizing interagency coordination regarding the Department’s acquisition programs and acquisition management efforts.

“(C) Exercising the acquisition decision authority (as such term is defined in section 830) to approve, pause, modify (including the rescission of approvals of program milestones), or cancel major acquisition programs (as such term is defined in section 830), unless the Under Secretary delegates such authority to a Component Acquisition Executive (as such term is defined in section 830) pursuant to paragraph (3).

“(D) Providing additional scrutiny and oversight for an acquisition that is not a major acquisition if—

“(i) the acquisition is for a program that is important to departmental strategic and performance plans;

“(ii) the acquisition is for a program with significant program or policy implications; and

“(iii) the Secretary determines that such scrutiny and oversight for the acquisition is proper and necessary.

“(E) Establishing policies for acquisition that implement an approach that takes into account risks of failure to achieve cost, schedule, or performance parameters that all components of the Department shall comply with, including outlining relevant authorities for program managers to effectively manage acquisition programs (as such term is defined in section 830).

“(F) Ensuring that each major acquisition program has a Department-approved acquisition program baseline (as such term is defined in section 830), pursuant to the Department’s acquisition management policy, that is traceable to the program’s life cycle cost estimate, integrated master schedule, and operational requirements.

“(G) 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.

“(H) Ensuring that contracts, grants, and financial assistance are provided only to individuals and organizations that are not suspended or debarred.

“(I) Distributing guidance throughout the Department to ensure that contractors involved in acquisitions, particularly contractors that access the Department’s information systems and technologies, adhere to relevant Department policies related to physical and information security as identified by the Under Secretary for Management.

“(J) Overseeing the Component Acquisition Executive organizational structure to ensure Component Acquisition Executives have sufficient capabilities and comply with Department acquisition policies.

“(K) Developing and managing a highly skilled professional acquisition workforce that has the technical expertise and business skills to ensure the Department acquires goods and services to meet mission needs at the best value for the expenditure of public resources.

“(3) DELEGATION OF CERTAIN ACQUISITION DECISION AUTHORITY.—The Under Secretary for Management may delegate acquisition decision authority in writing to the relevant Component Acquisition Executive for a major capital asset, services, 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 if all of the following requirements are met:

“(A) The component concerned possesses working policies, processes, and procedures that are consistent with Department-level acquisition policy.

“(B) The Component Acquisition Executive concerned has adequate, experienced, and dedicated professional employees with program management training, as applicable, commensurate with the size of the acquisition programs and related activities delegated to such Component Acquisition Executive by the Under Secretary for Management.

“(C) Each major acquisition program concerned has written documentation showing that it 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 cooperate in matters related to the coordination of acquisitions across the Department so that investments of the Directorate of Science and Technology are able to support current and future requirements of the components of the Department. Nothing in this subsection shall diminish the authority granted to the Under Secretary for Science and Technology under this Act.”.

Subsection (c) of section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended by—

(1) redesignating paragraphs (4) through (7) as (5) through (8), respectively; and

(2) inserting after paragraph (3) the following new paragraph:

“(4) ensure acquisition programs (as such term is defined in section 830) support the DHS Quadrennial Homeland Security Review Report, the DHS Strategic Plan, the DHS Strategic Priorities, and other appropriate successor documents;”.

Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is amended—

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following new subsection:

“(b) Acquisition responsibilities.—In addition to the responsibilities specified in section 11315 of title 40, United States Code, the acquisition responsibilities of the Chief Information Officer, in consultation with the Under Secretary for Management, shall include the following:

“(1) Overseeing the management of the Homeland Security Enterprise Architecture and ensuring 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 in any case in which information technology aspects of acquisitions do not comply with the Department’s management directives, making recommendations to the Department’s Acquisition Review Board regarding such noncompliance.

“(2) Providing recommendations to the Acquisition Review Board regarding information technology programs, and developing information technology acquisition strategic guidance.”.

(a) In general.—Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section:

(b) Clerical amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further amended by adding after the item relating to section 836 the following new item:

“Sec. 837. Acquisition documentation. ”.

(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:

(b) Clerical amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further amended by adding after the item relating to section 837 the following new item:

“Sec. 838. Acquisition Review Board.”.

(a) Establishment.—The Secretary shall establish a suspension and debarment program that ensures the Department and each of the components of the Department comply 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 by the Suspension and Debarment Official in writing in accordance with applicable regulations;

(2) develop and require training for all contracting officials of the Department on the causes for suspension and debarment and complying with departmental and Government-wide policies and processes; 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 these policies that is regularly updated and includes definitions for all relevant terms related to the program; and

(F) timely implementation of agreed upon recommendations from the Inspector General of the Department or the Comptroller General of the United States.

(c) Inspector general review.—Beginning one year after the date of enactment of this Act, and every three years thereafter, the Inspector General of the Department of Homeland Security shall—

(1) conduct audits regarding grant and procurement awards to identify instances in which a contract or grant was improperly awarded to a suspended or debarred entity and whether corrective actions were taken to prevent recurrence; and

(2) review the suspension and debarment program throughout the Department to assess whether suspension and debarment criteria are consistently applied throughout the Department and whether disparities exist in the application of such criteria, particularly with respect to business size and categories.

(d) Definitions.—In this section—

(1) the term “congressional homeland security committees” has the meaning given the term in section 2 of the Homeland Security Act of 2002, as amended by this Act;

(2) the term “Department” means the Department of Homeland Security; and

(3) the term “Secretary” means the Secretary of Homeland Security.

(a) Requirement.—The Secretary shall ensure that any procurement of covered items for a frontline operational component meets the following criteria:

(1) To the maximum extent possible, not less than one-third of funds obligated in a specific fiscal year for the procurement of such covered items shall be covered items that are manufactured in part or provided in the United States by entities that qualify as small business concerns (as such term is described under section 3 of the Small Business Act (15 U.S.C. 632)).

(2) Each prime contractor, with respect to the procurement of such covered items, shall ensure, to the maximum extent practicable, the following:

(A) Each first-tier subcontractor and end item manufacturer complies with the contractor code of business ethics and conduct under section 3509 of title 41, United States Code, and the Federal Acquisition Regulation.

(B) Each first-tier subcontractor and end-item manufacturer is in compliance with a standard identified by the Secretary as appropriate for quality, such as ISO 9001:2015 of the International Organization for Standardization.

(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 3 years after the creation of such records, of such destruction that include the date of such destruction, a description of the covered item with insignia or insignia destroyed, the quantity of the covered item with insignia or insignia destroyed, and the method of 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 provide 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 on 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) Department frontline operational component described.—In this section, the term “Department frontline operational component” refers to any of the following components of the Department:

(1) United States Customs and Border Protection.

(2) United States Immigration and Customs Enforcement.

(3) The United States Secret Service.

(4) The Transportation Security Administration.

(5) The Cybersecurity and Infrastructure Security Agency.

(6) The Federal Protective Service.

(7) The Federal Emergency Management Agency.

(8) The Federal Law Enforcement Training Centers.

(e) Determination.—If the Secretary determines that compliance with paragraph (1) of subsection (a) is impractical, the Secretary shall, not later than 15 days after making such determination, submit to the 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 regarding what percentage of covered items will be procured by small business concerns.

(f) Exception.—This section shall not apply to the purchase of covered items by the Department to be used by the Department for training purposes.

(g) Covered item described.—In this section, the term “covered item” refers to any of the following with respect to a Department frontline operational component:

(1) Body armor components intended to provide ballistic protection for an individual, consisting of one or more of the following:

(A) Soft ballistic panels.

(B) Hard ballistic plates.

(C) Concealed armor carriers worn under a uniform.

(D) External armor carriers worn over a uniform.

(2) Helmets that provide ballistic protection and other head protection and components.

(3) Protective eyewear.

(4) Rain gear, cold weather gear, other environmental and flame-resistant clothing.

(5) Footwear.

(6) Uniforms.

(7) Bags and packs.

(8) Holsters and tactical pouches.

(9) Patches, insignia, and embellishments.

(10) Respiratory protective masks.

(11) Chemical, biological, radiological, and nuclear protective gear.

(12) Hearing protection equipment.

(13) Any other critical safety item as determined appropriate by the Secretary.

(h) Effective date.—This section applies with respect to a contract entered into by the Department or any of its frontline operational components after 120 days of enactment of this Act.

(i) Sense of Congress.—It is the sense of Congress that the Secretary should endeavor to ensure that the majority of covered items for a frontline operational component procured by the Department are manufactured in the United States by entities that qualify as small business concerns.

(j) Study.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security 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 study of the adequacy of allowances provided to employees of Department of Homeland Security frontline operational components (as such term is described in section 836 of the Homeland Security Act of 2002, as added by subsection (a)). Such study shall be informed by a Department-wide survey of employees from across the Department who receive uniform allowances that seeks to ascertain what, if any, improvements could be made to the current uniform allowances and what, if any, impacts current allowances have had on employee morale and retention. Such study shall also consider increasing by 25 percent, at minimum, the uniform allowance for first year employees and by 50 percent, at minimum, the annual allowance for all other employees.

(a) In general.—The Secretary of Homeland Security may not operate, provide financial assistance for, or enter into or renew a contract for the procurement of—

(1) an unmanned aircraft system (UAS) that—

(A) is manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country;

(B) uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country;

(C) uses a ground control system or operating software developed in a covered foreign country or by a corporation domiciled in a covered foreign country; or

(D) uses network connectivity or data storage located in or administered by a corporation domiciled in a covered foreign country; or

(2) a system manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country for the detection or identification of covered unmanned aircraft systems.

(b) Waiver.—The Secretary of Homeland Security may waive the prohibition under subsection (a) on a case by case basis by certifying in writing to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate that the operation or procurement that is the subject of such a waiver is required—

(1) in the national interest of the United States;

(2) for counter-UAS surrogate testing and training; or

(3) for intelligence, electronic warfare, or information warfare operations, testing, analysis, and or training.

(c) Definitions.—In this section:

(1) COVERED FOREIGN COUNTRY.—The term “covered foreign country” means a country labeled as a strategic competitor in the “Summary of the 2018 National Defense Strategy of the United States of America: Sharpening the American Military’s Competitive Edge” issued by the Department of Defense pursuant to section 113 of title 10, United States Code.

(2) UNMANNED AIRCRAFT SYSTEM.—The term “unmanned aircraft system” has the meaning given such term in section 44801 of title 49, United States Code.

(a) In general.—Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the end the following new section:

(b) Clerical amendment.—The table of contents in section 1(b) of such Act is further amended by inserting after the item relating to section 838 the following new item:

“Sec. 839. Congressional notification and other requirements for major acquisition program breach.”.

(a) In general.—Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the end the following new section: