,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hgia ,,in ,,the ,,house ,,of ,,representatives ,november #ai1 #bjbj,mr4 ,thompson of ,mississippi 7for himself1 ,ms4 ,jackson ,lee1 ,mr4 ,langevin1 ,mr4 ,payne1 ,miss ,rice of ,new ,york1 ,mr4 ,correa1 ,ms4 ,underwood1 ,mr4 ,cleaver1 ,mr4 ,green of ,texas1 ,ms4 ,clarke of ,new ,york1 ,ms4 ,titus1 ,mrs4 ,watson ,coleman1 and ,mrs4 ,demings7 introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committees on ,oversight and ,reform1 the ,judiciary1 and ,transportation and ,infrastructure1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,homeland ,security ,act of #bjjb to make certain reforms to the ,department of ,homeland ,security1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,department of ,homeland ,security ,reform ,act of #bjbj or the ,,dhs ,reform ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,title ,i--,,headquarters ,r,e,f,o,r,m,s,subtitle ,a--,leadership ,reforms,sec4 #aja4 ,departmental leadership4,sec4 #ajb4 ,succession reforms4,sec4 #ajc4 ,resolution of intra-departmental disputes4,sec4 #ajd4 ,office of ,strategy1 ,policy1 and ,plans4,sec4 #aje4 ,office of ,inspector ,general4,sec4 #ajf4 ,office of ,public ,affairs4,sec4 #ajg4 ,office of ,legislative ,affairs4,sec4 #ajh4 ,office of ,partnership and ,engagement4,sec4 #aji4 ,chief ,privacy ,officer4,sec4 #aaj4 ,chief ,financial ,officer4,sec4 #aaa4 ,chief ,information ,officer4,sec4 #aab4 ,chief ,procurement ,officer4,sec4 #aac4 ,chief ,security ,officer4,sec4 #aad4 ,chief ,data ,officer4,sec4 #aae4 ,officer for ,civil ,rights and ,civil ,liberties4,sec4 #aaf4 ,the ,countering ,weapons of ,mass ,destruction ,office4,sec4 #aag4 ,coordinator for unmanned aircraft systems countermeasures4,sec4 #aah4 ,department of ,homeland ,security counterterrorism advisory board4,sec4 #aai4 ,department of ,homeland ,security leadership council4,sec4 #abj4 ,school security coordinating council4,subtitle ,b--,workforce ,reforms,sec4 #aca4 ,chief human capital officer4,sec4 #acb4 ,employee engagement steering committee and action plan4,sec4 #acc4 ,annual employee award program4,sec4 #acd4 ,department of ,homeland ,security rotation program4,sec4 #ace4 ,homeland security rotational cybersecurity research program at the ,coast ,guard ,academy4,sec4 #acf4 ,department of ,homeland ,security intelligence and cybersecurity diversity fellowship program4,sec4 #acg4 ,cyber talent management system reporting4,sec4 #ach4 ,acquisition workforce4,sec4 #aci4 ,acquisition professional career program4,sec4 #adj4 ,security clearance management and administration4,sec4 #ada4 ,fitness information transparency4,sec4 #adb4 ,independent investigation of disciplinary outcomes4,sec4 #adc4 ,rights for transportation security officers4,title ,,ii--,,law ,,enforcement ,,accountability ,r,e,f,o,r,m,s,subtitle ,a--,de-,escalation,sec4 #bja4 ,de-escalation1 use of force1 and body-worn camera policy4,sec4 #bjb4 ,de-escalation training4,sec4 #bjc4 ,less lethal tactics assessment4,sec4 #bjd4 ,requests relating to department of homeland security personnel or equipment4,sec4 #bje4 ,best practices to reduce incidents of excessive or unauthorized force4,sec4 #bjf4 ,department of ,homeland ,security component insignia required4,sec4 #bjg4 ,,fletc advisory board4,sec4 #bjh4 ,department of ,homeland ,security support for the national network of fusion centers4,subtitle ,b--,securing of ,firearms and other ,sensitive ,assets,sec4 #bba4 ,definitions4,sec4 #bbb4 ,inclusion of securing firearms and other sensitive assets in responsibilities of ,under ,secretary for ,management4,sec4 #bbc4 ,management directive4,sec4 #bbd4 ,component responsibilities4,sec4 #bbe4 ,personal property asset management ,inspector ,general review4,subtitle ,c--,federal ,law ,enforcement ,training ,centers,sec4 #bca4 ,,fletc research and development4,sec4 #bcb4 ,reporting on basic training programs of the ,department of ,homeland ,security4,title ,,iii--,,acquisition ,r,e,f,o,r,m,s,subtitle ,a--,authorities,sec4 #cja4 ,definitions4,sec4 #cjb4 ,acquisition authorities for ,office of ,program ,accountability and ,risk ,management4,sec4 #cjc4 ,acquisition authorities for technical support offices4,sec4 #cjd4 ,acquisition authorities for ,under ,secretary for ,management4,sec4 #cje4 ,acquisition authorities for ,under ,secretary for ,strategy1 ,policy1 and ,plans4,sec4 #cjf4 ,acquisition authorities for ,chief ,information ,officer4,subtitle ,b--,requirements and ,oversight,sec4 #cba4 ,acquisition documentation4,sec4 #cbb4 ,acquisition review board4,sec4 #cbc4 ,suspension and debarment program4,sec4 #cbd4 ,requirements to buy certain items related to national security interests according to certain criteria4,sec4 #cbe4 ,prohibition on operation or procurement of foreign-made unmanned aircraft systems4,subtitle ,c--,acquisition ,program ,management ,accountability and ,transparency,sec4 #cca4 ,congressional notification for major acquisition programs4,sec4 #ccb4 ,acquisition reports4,title ,,iv--,,other ,r,e,f,o,r,m,s,sec4 #dja4 ,quadrennial homeland security review4,sec4 #djb4 ,limitations regarding secretarial authorities associated with the protection of public property4,sec4 #djc4 ,biometric enterprise management4,sec4 #djd4 ,enhanced departmental oversight of certain intelligence matters4,sec4 #dje4 ,privacy1 civil rights1 and civil liberties coordination required4,sec4 #djf4 ,department-wide social media policy4,sec4 #djg4 ,propaganda prohibited4,sec4 #djh4 ,limits on expenses for a swearing-in ceremony4,sec4 #dji4 ,conflict of interest awareness and reporting4,sec4 #daj4 ,mentor-protg program4,sec4 #daa4 ,historically black colleges and universities 7,,hbcus7 homeland security partnerships4,sec4 #dab4 ,children's technical expert4,sec4 #dac4 ,modification of ,secretary's reorganization authority4,sec4 #dad4 ,definitions4 ,i ,,headquarters ,,reforms ,a ,leadership ,reforms #aja4 ,departmental leadership 7a7 ,in general ,section #ajb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aab7 is amended-- 7#a7 in subsection 7c71 in the matter preceding paragraph 7#a71 by striking through the ,office of ,state and ,local ,coordination 7established under section #hja7 and inserting through the ,office of ,partnership and ,engagement2 and 7#b7 by adding at the end the following new subsection3 7h7 ,headquarters 7#a7 ,in general ,there is in the ,department a ,headquarters4 7#b7 ,components ,the ,headquarters shall include each of the following3 7,a7 ,the ,office of the ,secretary1 which shall include-- 7i7 the ,deputy ,secretary2 7ii7 the ,associate ,secretary2 7iii7 the ,chief of ,staff2 and 7iv7 the ,executive ,secretary4 7,b7 ,the ,management ,directorate1 including the ,office of the ,chief ,financial ,officer1 ,federal ,protective ,service1 and ,office of ,biometric ,identity ,management4 7,c7 ,the ,science and ,technology ,directorate4 7,d7 ,the ,office of ,strategy1 ,policy1 and ,plans4 7,e7 ,the ,office of the ,general ,counsel4 7,f7 ,the ,office of the ,chief ,privacy and ,,foia ,officer4 7,g7 ,the ,office for ,civil ,rights and ,civil ,liberties4 7,h7 ,the ,office of ,operations ,coordination4 7,i7 ,the ,office of ,intelligence and ,analysis4 7,j7 ,the ,office of ,legislative ,affairs4 7,k7 ,the ,office of ,public ,affairs4 7,l7 ,the ,office of the ,inspector ,general4 7,m7 ,the ,office of the ,citizenship and ,immigration ,services ,ombudsman4 7,n7 ,the ,countering ,weapons of ,mass ,destruction ,office4 7,o7 ,the ,office of ,partnership and ,engagement4 7,p7 ,the ,ombudsman for ,border and ,immigration ,enforcement ,related ,concerns4 4 7b7 ,conforming amendments ,section #ajc7;a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aac7;a77 is amended-- 7#a7 in the subsection heading1 by inserting 2 ,assistant ,secretaries and ,other ,officers after ,under ,secretaries2 7#b7 in paragraph 7#a7-- 7,a7 by inserting after subparagraph 7,a7 the following subparagraph 7,b7 and making conforming changes3 7,b7 ,an ,associate ,secretary of ,homeland ,security1 who shall be the ,secretary's second assistant for purposes of subchapter ,,iii of chapter #cc of title #e1 ,united ,states ,code and shall1 on behalf of the ,secretary1 direct1 authorize1 and control ,u4 ,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 ,united ,states ,secret ,service1 and ,federal ,protective ,service1 and1 in consultation with the ,deputy ,secretary1 the law enforcement activities in other ,department components4 2 and 7,b7 by amending subparagraph 7,i7 to read as follows3 7,i7 ,an ,administrator of the ,transportation ,security ,administration4 2 7#c7 by amending paragraph 7#b7 to read as follows3 7#b7 ,appointments ,the following ,assistant ,secretaries shall be appointed by the ,president or the ,secretary1 as the case may be1 without the advice and consent of the ,senate3 7,a7 ,presidential appointments ,the ,department shall have the following positions appointed by the ,president3 7i7 ,the ,assistant ,secretary for ,public ,affairs4 7ii7 ,the ,assistant ,secretary for ,legislative ,affairs4 7iii7 ,the ,assistant ,secretary for the ,countering ,weapons of ,mass ,destruction ,office4 7iv7 ,the ,chief ,medical ,officer4 7,b7 ,secretarial appointments ,the ,secretary shall appoint an ,assistant ,secretary for ,partnership and ,engagement and1 within the ,office of ,strategy1 ,policy and ,plans1 an ,assistant ,secretary for ,international ,affairs in addition to five assistant secretaries with divided responsibility for the following areas3 7i7 ,strategy4 7ii7 ,threat prevention1 including targeted violence4 7iii7 ,integration4 7iv7 ,border4 7v7 ,immigration1 including immigration statistics4 7vi7 ,cybersecurity and infrastructure security4 7vii7 ,screening and vetting1 including biometrics4 7viii7 ,law enforcement4 7ix7 ,foreign investment and trade4 2 and 7#d7 by adding at the end the following new paragraphs3 7#c7 ,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 paragraph4 7#d7 ,under secretary for management ,the ,under ,secretary for ,management shall serve a five-year term4 4 #ajb4 ,succession reforms ,amend section #ajc7;g7 of the ,homeland ,security ,act as follows3 7#a7 ,in paragraph 7#a71 strike neither the ,secretary nor ,deputy ,secretary is and insert the ,secretary1 ,deputy ,secretary1 and ,associate ,secretary are not4 7#b7 ,in paragraph 7#b71 insert 7,a7 before such other officers and strike and replace remaining text with the following3 7,a7 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 #ij 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 ,senate1 or in the event that an official meeting this criteria is not available1 in a manner that requires such official to have served for at least #ij days prior to such designation in the ,senior ,executive ,service within the ,department2 and 7,b7 such other official of the ,department to serve as the acting head of a component1 in the event that the head of a component vacates the position1 in a manner that requires such official to have served for at least #ij days prior to such designation in the ,senior ,executive ,service4 4 #ajc4 ,resolution of intra-departmental disputes ,insert at the end of section #ajc of the ,homeland ,security ,act the following3 7h7 ,intra-,departmental disputes ,on behalf of the ,secretary1 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 ,secretary4 ,the ,associate ,secretary may appeal a resolution issued by the ,deputy ,secretary to the ,secretary4 4 #ajd4 ,office of ,strategy1 ,policy1 and ,plans 7a7 ,in general ,section #gji of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdi7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 ,the ,office of ,strategy1 ,policy1 and ,plans shall include an ,assistant ,secretary for ,international ,affairs and at least five assistant secretaries within the ,office of ,strategy1 ,policy1 and ,plans with divided responsibility for the following areas3 7i7 ,strategy4 7ii7 ,threat prevention1 including targeted violence4 7iii7 ,integration4 7iv7 ,border4 7v7 ,immigration1 including immigration statistics4 7vi7 ,cybersecurity and infrastructure security4 7vii7 ,screening and vetting1 including biometrics4 7viii7 ,law enforcement4 7ix7 ,foreign investment and trade4 2 7#b7 in subsection 7c77#a71 by inserting 1 including for activities that cross multiple ,department components before the semicolon at the end2 7#c7 in subsection 7c77#f71 by inserting 1 including feedback from organizations representing the needs of children1 after stakeholder feedback2 7#d7 by redesignating subsections 7e7 through 7g7 as subsections 7f7 through 7h71 respectively2 and 7#e7 by inserting after subsection 7d7 the following new subsection3 7e7 ,assistant ,secretary for ,international ,affairs ,the ,office of ,international ,affairs shall be led by an ,assistant ,secretary for ,international ,affairs4 ,the ,assistant ,secretary shall-- 7#a7 coordinate international activities within the ,department1 including activities carried out by the components of the ,department1 in consultation with other ,federal officials with responsibility for counterterrorism and homeland security matters2 7#b7 advise1 inform1 and assist the ,secretary with respect to the development and implementation of the international policy priorities of the ,department1 including strategic priorities for the deployment of assets1 including personnel1 outside the ,united ,states2 7#c7 develop1 in consultation with the ,under ,secretary for ,management1 guidance for selecting1 assigning1 training1 and monitoring overseas deployments of ,department personnel1 including minimum standards for pre-deployment training2 7#d7 maintain awareness regarding the international travel of senior officers of the ,department and their intent to pursue negotiations with foreign government officials1 and review resulting draft agreements2 7#e7 coordinate with any ,departmental official engaged in negotiations with representatives of a foreign government regarding an agreement and1 as appropriate1 support such official in the negotiation of such agreement2 and 7#f7 perform such other functions as are established by law or delegated by the ,under ,secretary for ,strategy1 ,policy1 and ,plans4 4 7b7 ,abolishment of office of international affairs 7#a7 ,in general ,the ,office of ,international ,affairs within the ,office of the ,secretary of ,homeland ,security is abolished4 7#b7 ,transfer of assets and personnel ,the functions authorized to be performed by the office referred to in paragraph 7#a7 as of the day before the date of the enactment of this ,act1 and the assets and personnel associated with such functions1 are transferred to the head of the ,office of ,international ,affairs of the ,office of ,strategy1 ,policy1 and ,plans of the ,department of ,homeland ,security4 7#c7 ,conforming amendment ,the ,homeland ,security ,act of #bjjb is amended by striking section #hgi 7#f ,u4,s4,c4 #dei74 7#d7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by striking the item relating to section #hgi4 7c7 ,homeland security advisory council ,section #ajb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aab7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following new paragraphs3 7#d7 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 matters1 including advice with respect to the preparation of the ,quadrennial ,homeland ,security ,review2 and 7#e7 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-- 7,a7 a list of the ,homeland ,security ,advisory ,council's members and subcommittee assignments2 7,b7 a summary of all recommendations made by the ,homeland ,security ,advisory ,council1 including by any subcommittees2 and 7,c7 a description of any action the ,department has taken in response to such recommendations4 2 7#b7 by striking subsection 7f72 7#c7 by redesignating subsection 7g7 as subsection 7f72 and 7#d7 by adding at the end the following new subsection3 7g7 ,conflicts of interest ,no member of the ,homeland ,security ,advisory ,council established pursuant to subsection 7b77#d7 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 years4 4 7d7 ,conflicts of interest policy ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 acting through the ,under ,secretary for ,strategy1 ,policy1 and ,plans of the ,department of ,homeland ,security1 shall issue a written policy to members of the ,homeland ,security ,advisory ,committee regarding conflicts of interests requirement set forth in subsection 7g7 of section #ajb of the ,homeland ,security ,act of #bjjb1 as amended by this section4 7e7 ,counterterrorism and targeted violence strategy 7#a7 ,in general ,no later than #ahj days of enactment of this ,act1 the ,under ,secretary for ,strategy1 ,policy1 and ,plans of the ,department of ,homeland ,security shall update or replace the strategic framework to counter terrorism and targeted violence1 as issued by the ,department in ,september #bjai1 and associated implementation plans to ensure that the ,department's strategic framework and implementation plans-- 7,a7 address the current threat environment for domestic terrorism1 international terrorism1 targeted violence1 and emerging threats1 including violent white supremacist extremism2 and 7,b7 specify how the ,department's prevention and preparedness activities address the threat environment4 7#b7 ,reviews ,starting two years after implementation of paragraph 7#a71 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 terrorism1 international terrorism1 targeted violence1 and emerging threats1 including violent white supremacist extremism and specify how the ,department's prevention and preparedness activities address the threat environment4 7f7 ,activities related to children report ,not later than #a year after the date of the enactment of this ,act and annually thereafter for #e years1 the ,under ,secretary for ,strategy1 ,policy1 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 7#f7 of section #gji7;c7 of the ,homeland ,security ,act of #bjjb 7as amended by section #b of this ,act71 including information on the following3 7#a7 ,the designation of any individual responsible for carrying out such paragraph 7#f74 7#b7 ,any review1 formal or informal1 of ,department policies1 programs1 or activities to assess the suitability of such policies1 programs1 or activities for children and where feedback from organizations representing the needs of children should be reviewed and incorporated4 7#c7 ,any review1 change1 modification1 or promulgation of ,department policies1 programs1 or activities to ensure that such policies1 programs1 or activities are appropriate for children4 7#d7 ,coordination with organizations or experts outside the ,department pursuant to such paragraph 7#f7 conducted to inform any such review1 change1 modification1 or promulgation of such policies1 programs1 or activities4 7g7 ,definitions ,in this section1 each of the terms functions1 assets1 and personnel has the meaning given each such term under section #b of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja74 #aje4 ,office of ,inspector ,general 7a7 ,transparency 7#a7 ,publication of reports ,the ,office of ,inspector ,general shall1 in accordance with section #h,m7b77#a7 of the ,inspector ,general ,act of #aigh1 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 website1 the following1 irrespective of whether the record contains recommendations or whether the ,department concurs with included recommendations-- 7,a7 any report that substantiates an allegation of whistleblower retaliation pursuant to the ,whistleblower ,protection ,act1 ,military ,whistleblower ,protection ,act1 or ,presidential ,personnel ,directive #ai2 7,b7 any report that substantiates an allegation of misconduct1 waste1 fraud1 abuse1 or violation of ,department policy against a member of the ,senior ,executive ,service or politically appointed official2 and 7,c7 any other programmatic report1 review1 inspection or audit4 7#b7 ,congressional reporting ,the semiannual report transmitted to the appropriate congressional committees pursuant to section #e7;b7 of the ,inspector ,general ,act of #aigh immediately following enactment of this ,act1 and each subsequent semiannual report transmitted1 shall be accompanied by a list of ongoing programmatic audits or inspections that includes1 at a minimum1 the following information3 7,a7 ,description of each audit or inspection1 including the office7s7 or component7s7 under review4 7,b7 ,source of each audit or inspection4 7,c7 ,actual or proposed dates for-- 7i7 initiating each audit or inspection2 7ii7 submitting a draft report to the ,department for review2 and 7iii7 publishing the final report to the ,inspector ,general's website pursuant to subsection 7b77#a74 7,d7 ,explanation for any significant changes to the description of an audit or inspection1 including the office7s7 or component7s7 under review1 or a delay of more than #cj 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 website4 7b7 ,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 #aigh4 ,the ,inspector ,general may waive the notification requirement under this subsection with respect to any category or subset of allegations of misconduct4 7c7 ,rule of construction ,nothing in this section may be construed as affecting the authority of the ,secretary of ,homeland ,security under subsection 7a7 of section #h;,i of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app4 #h;,i74 #ajf4 ,office of ,public ,affairs 7a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 the ,under ,secretary for ,management of the ,department of ,homeland ,security1 in coordination with the ,assistant ,secretary for ,public ,affairs of the ,department and the ,general ,counsel of the ,department1 shall-- 7#a7 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 #cj days of receipt2 and 7#b7 publish and disseminate a ,department-wide management directive and associated guidelines for internal review of all public-facing materials to maximize the quality1 objectivity1 utility1 and integrity of information 7including statistical information7 that includes information on when to engage with the ,office of ,general ,counsel of the ,department to execute-- 7,a7 a legal sufficiency review2 and 7,b7 a compliance review in accordance with section #eae of the ,treasury and ,general ,government ,appropriations ,act for ,fiscal ,year #bjja 7,public ,law #ajf-eed74 7b7 ,review ,not later than one year after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,homeland ,security shall-- 7#a7 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 7a72 and 7#b7 issue1 as appropriate1 recommendations to the ,department of ,homeland ,security to improve the quality1 objectivity1 utility1 and integrity of public-facing materials disseminated by the public affairs offices throughout the ,department4 #ajg4 ,office of ,legislative ,affairs ,section #ajc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aac71 as amended by this ,act1 is further amended by adding at the end the following new subsection3 7i7 ,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 committees4 7#a7 ,limitation on ,deputy ,assistant ,secretary for ,legislative ,affairs positions ,there shall be within the ,office of ,legislative ,affairs at the ,department not more than two1 ,deputy ,assistant ,secretary for ,legislative ,affairs positions1 one for each chamber of ,congress4 7#b7 ,department reports 7,a7 ,in general ,notwithstanding any other provision of law1 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 ,representatives4 7,b7 ,applicability ,subparagraph 7,a7 shall apply with respect to any report described in such subparagraph that is submitted on or after the date of enactment of this subsection4 7,c7 ,notice ,the ,secretary shall notify1 in writing1 the chairmen and ranking members of the authorizing and appropriating congressional committees of jurisdiction regarding policy memoranda1 management directives1 and reprogramming notifications issued by the ,department4 4 #ajh4 ,office of ,partnership and ,engagement 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq471 is amended by adding at the end the following new section3 #gaa4 ,office of ,partnership and ,engagement 7a7 ,in general ,there is an ,office of ,partnership and ,engagement in the ,department headed by an ,assistant ,secretary for ,partnership and ,engagement4 7b7 ,duties of the assistant secretary ,the ,assistant ,secretary for ,partnership and ,engagement shall-- 7#a7 lead the efforts of the ,department to incorporate external feedback from stakeholders into policy and strategic planning efforts1 as appropriate1 in consultation with the ,office for ,civil ,rights and ,civil ,liberties of the ,department2 7#b7 develop an engagement strategy to ensure continuous and collaborative communication with stakeholders that1 among other things1 sets forth how the ,department can use its authorities to convene government and outside stakeholders and how such interactions can support efforts to increase trust between the ,department and stakeholders and ensure timely information sharing2 7#c7 conduct the activities specified in section #bjjf7;b72 7#d7 advise the ,secretary on the effects of the policies1 regulations1 processes1 and actions of the ,department on the private sector and create and foster strategic communications with the private sector to enhance the primary mission of the ,department to protect the homeland2 7#e7 facilitate relationships with academic institutions and the private sector1 including through the administration of the ,homeland ,security ,advisory ,council2 7#f7 facilitate relationships with ,state and local governments and provide ,state and local governments with regular information1 research1 and technical support to assist local efforts at securing the homeland2 and 7#g7 perform such other functions as are established by law or delegated by the ,secretary4 7c7 ,deputy assistant secretaries ,there shall be a ,deputy ,assistant ,secretary for ,state and ,local ,law ,enforcement and a ,deputy ,assistant ,secretary for ,private ,sector ,engagement within the ,office of ,partnership and ,engagement4 4 7b7 ,transfer of functions1 assets1 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 ,act1 and the assets and personnel associated with such functions1 are transferred to the ,office of ,partnership and ,engagement under section #gaa of the ,homeland ,security ,act of #bjjb1 as added by this section4 7c7 ,annual reports 7#a7 ,in general ,for each of fiscal years #bjba through #bjbe1 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 ,department4 ,each such report shall include1 for the fiscal year covered by such report1 a description of all programs1 events1 activities1 and outreach conducted by the following sub-offices and campaigns of the ,office3 7,a7 ,the ,office of ,intergovernmental ,affairs4 7,b7 ,the ,private ,sector ,office4 7,c7 ,the ,loaned ,executive ,program4 7,d7 ,the ,office of ,academic ,engagement4 7,e7 ,the ,committee ,management ,office4 7,f7 ,the ,if ,you ,see ,something1 ,say ,something ,public ,awareness ,campaign4 7,g7 ,the ,blue ,campaign4 7,h7 ,faith ,initiatives4 7#b7 ,state and ,local ,law ,enforcement report requirements ,section #bjjf7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjg7;b77 is amended-- 7,a7 by redesignating paragraph 7#e7 as paragraph 7#f72 and 7,b7 by inserting after paragraph 7#d7 the following new paragraph 7#e73 7#e7 ,annual report ,for each of fiscal years #bjba through #bjbe1 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 period4 ,each such report shall include1 for the fiscal year covered by such report1 a description of each of the following3 7,a7 ,efforts to coordinate and share information regarding ,department and component agency programs with ,state1 local1 and ,tribal law enforcement agencies4 7,b7 ,efforts to improve information sharing through the ,homeland ,security ,information ,network by appropriate component agencies of the ,department and by ,state1 local1 and ,tribal law enforcement agencies4 7,c7 ,the status of performance metrics to evaluate the effectiveness of efforts to carry out responsibilities specified in this subsection4 7,d7 ,any feedback from ,state1 local1 and ,tribal law enforcement agencies about the ,office1 including the mechanisms utilized to collect such feedback4 4 7d7 ,annual catalog on ,department of ,homeland ,security training1 publications1 programs1 and services for ,state1 local1 and ,tribal law enforcement agencies ,section #bjjf7;b77#d7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjg7;b77#d77 is amended-- 7#a7 in subparagraph 7,e71 by striking and at the end2 7#b7 in subparagraph 7,f71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,g7 produce an annual catalog that summarizes opportunities for training1 publications1 programs1 and services available to ,state1 local1 and ,tribal law enforcement agencies from the ,department and from each component and office within the ,department and1 not later than #cj days after the date of such production1 disseminate such catalog1 including by-- 7i7 making such catalog available to ,state1 local1 and ,tribal law enforcement agencies1 including by posting such catalog on the website of the ,department and cooperating with national organizations that represent such agencies2 7ii7 making such catalog available through the ,homeland ,security ,information ,network2 and 7iii7 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 ,senate4 4 7e7 ,abolishment of ,office for ,state and ,local ,government ,coordination 7#a7 ,in general ,the ,office for ,state and ,local ,government ,coordination of the ,department of ,homeland ,security is abolished4 7#b7 ,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 ,act1 and the assets and personnel associated with such functions1 are transferred to the ,assistant ,secretary for ,partnership and ,engagement of the ,department under section #gaa of the ,homeland ,security ,act of #bjjb1 as added by this section4 7#c7 ,conforming amendment ,the ,homeland ,security ,act of #bjjb is amended by striking section #hja 7#f ,u4,s4,c4 #fca74 7#d7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by striking the item relating to section #hja4 7f7 ,abolishment of ,special ,assistant to ,secretary of ,homeland ,security 7#a7 ,in general ,in accordance with the amendment made by section #ajd7;c77#b7 of this ,act 7relating to striking subsection 7f7 of section #ajb of the ,homeland ,security ,act of #bjjb71 the position of ,special ,assistant to the ,secretary authorized by such subsection 7f7 is abolished4 7#b7 ,transfer of functions and assets ,the functions authorized to be performed by the ,special ,assistant to the ,secretary referred to in paragraph 7#a7 on the day before the date of the enactment of this ,act1 and the assets and personnel associated with such functions1 are transferred to the ,assistant ,secretary for ,partnership and ,engagement under section #gaa of the ,homeland ,security ,act of #bjjb1 as added by this section4 7g7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #gaj the following new item3 ,sec4 #gaa4 ,office of ,partnership and ,engagement4 4 #aji4 ,chief ,privacy ,officer ,section #bbb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #adb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by inserting to be the ,chief ,privacy ,officer of the ,department after in the ,department2 and 7ii7 by striking to the ,secretary1 to assume and inserting to the ,secretary4 ,such official shall have2 7,b7 in paragraph 7#e77;,b71 by striking and at the end2 7,c7 by striking paragraph 7#f72 and 7,d7 by inserting after paragraph 7#e7 the following new paragraphs3 7#f7 developing guidance to assist components of the ,department in developing privacy policies and practices2 7#g7 establishing a mechanism to ensure such components are in compliance with ,federal1 regulatory1 statutory1 and ,department privacy requirements1 mandates1 directives1 and policies2 7#h7 working with the ,chief ,information ,officer of the ,department to identify methods for managing and overseeing the records1 management policies1 and procedures of the ,department2 7#i7 working with components and offices of the ,department to ensure that information sharing activities incorporate privacy protections2 7#aj7 serving as the ,chief ,,foia ,officer of the ,department for purposes of subsection 7j7 of section #eeb of title #e1 ,united ,states ,code 7popularly known as the ,freedom of ,information ,act71 to manage and process requests related to such section2 7#aa7 developing guidance on procedures to be followed by individuals making requests for information under section #eeb of title #e1 ,united ,states ,code2 7#ab7 overseeing the management and processing of requests for information under section #eeb of title #e1 ,united ,states ,code1 within ,department ,headquarters and relevant ,department component offices2 7#ac7 providing component heads with input on the management of their respective ,,foia offices1 including recruiting and hiring component ,,foia officers1 budget formulation1 and organizational placement within each such component2 7#ad7 issuing guidance to relevant ,department component offices to ensure compliance with unified disclosure1 processing1 and training policies in accordance with section #eeb of title #e1 ,united ,states ,code2 7#ae7 identifying and eliminating unnecessary and duplicative actions taken by the ,department in the course of processing requests for information under section #eeb of title #e1 ,united ,states ,code2 7#af7 preparing an annual report to ,congress that includes-- 7,a7 a description of the activities of the ,department that affect privacy during the fiscal year covered by each such report1 including complaints of privacy violations1 implementation of section #eeb;a of title #e1 ,united ,states ,code 7popularly known as the ,privacy ,act of #aigd71 internal controls1 and other matters2 and 7,b7 the number of new technology programs implemented in the ,department during the fiscal year covered by each such report1 the number of such programs that the ,chief ,privacy ,officer has evaluated to ensure that privacy protections are considered and implemented1 the number of such programs that effectively implemented privacy protections into new technology programs1 and an explanation of why any new programs did not effectively implement privacy protections2 7#ag7 coordinate with the ,under ,secretary for ,intelligence and ,analysis to-- 7,a7 ensure that any intelligence information under this ,act is1 to the extent practicable1 shared1 retained1 and disseminated in a manner consistent with the protection of the privacy rights2 and 7,b7 provide training to intelligence personnel on privacy rights1 regulations1 and information practices as specified in section #eeb;a of title #e1 ,united ,states ,code 7commonly referred to as the ,privacy ,act of #aigd7 and other relevant laws1 with a focus on personnel who have authority to disseminate information analyzed by the ,department pursuant to paragraph 7#f7 of section #bja7;d7 or the responsibility to review information to be disseminated pursuant to paragraph 7#f7 of #bja7;d72 and 7#ah7 carrying out such other responsibilities as the ,secretary determines are appropriate1 consistent with this section4 2 and 7#b7 by adding at the end the following new subsection3 7f7 ,reassignment of functions ,notwithstanding subsection 7a77#aj71 the ,secretary may reassign the functions related to managing and processing requests for information under section #eeb of title #e1 ,united ,states ,code1 to another official within the ,department1 consistent with requirements of such section4 7g7 ,privacy working group 7#a7 ,in general ,the ,chief ,privacy ,officer1 or1 if the ,secretary determines appropriate1 whoever is designated by the ,secretary as the ,chief ,,foia ,officer1 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 #eeb of title #e1 ,united ,states ,code 7commonly referred to as the ,freedom of ,information ,act7 in furtherance of improving the ,department's timely compliance with such section #eeb4 7#b7 ,purpose ,the working group established in accordance with paragraph 7#a7 shall be a forum-- 7,a7 for the sharing of information and best practices2 and 7,b7 to develop solutions to challenges relating to disclosure policies and processes1 referred to in such paragraph1 encountered within ,department component offices4 7#c7 ,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 #eeb of title #e1 ,united ,states ,code1 including on the following matters3 7,a7 ,the development of guidance for uniform disclosure policies and processes1 in accordance with paragraph 7#ad7 of subsection 7a74 7,b7 ,ways to reduce unnecessary redundancies that may undermine the responsive and efficient processing of requests for information under such section #eeb4 4 #aaj4 ,chief ,financial ,officer 7a7 ,in general ,section #gjb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdb7 is amended-- 7#a7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 and 7#b7 by inserting after subsection 7a7 the following new subsection3 7b7 ,responsibilities ,in carrying out the responsibilities1 authorities1 and functions specified in section #ijb of title #ca1 ,united ,states ,code1 the ,chief ,financial ,officer shall-- 7#a7 oversee ,department budget formulation and execution2 7#b7 lead and provide guidance on performance-based budgeting practices for the ,department to ensure that the ,department and its components are meeting missions and goals2 7#c7 lead cost-estimating practices for the ,department1 including the development of policies on cost estimating and approval of life cycle cost estimates2 7#d7 coordinate with the ,office of ,strategy1 ,policy1 and ,plans to ensure that the development of the budget for the ,department is compatible with the long-term strategic plans1 priorities1 and policies of the ,secretary2 7#e7 develop financial management policy for the ,department and oversee the implementation of such policy1 including the establishment of effective internal controls over financial reporting systems and processes throughout the ,department2 7#f7 provide guidance for and over financial system modernization efforts throughout the ,department2 7#g7 lead the efforts of the ,department related to financial oversight1 including identifying ways to streamline and standardize business processes2 7#h7 oversee the costs of acquisition programs and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable1 or can be adequately funded1 over the lifecycle of such programs and activities2 7#i7 implement fully by fiscal year #bjbb a common accounting structure to be used across the entire ,department2 7#aj7 track1 approve1 oversee1 and make public information on expenditures by components of the ,department for conferences1 as appropriate1 including by requiring each component to-- 7,a7 report to the ,inspector ,general of the ,department1 the ,committee on ,homeland ,security of the ,house of ,representatives1 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 #bj1jjj1 within #ae days after the date of the conference2 and 7,b7 with respect to such expenditures1 provide-- 7i7 the information described in subsections 7a71 7b71 and 7c7 of section #gci of title ,,vii of division ,e of the ,consolidated and ,further ,continuing ,appropriations ,act1 #bjae 7,public ,law #aac-bce72 and 7ii7 documentation of such expenditures2 and 7#aa7 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 ,department4 4 7b7 ,rule of construction ,nothing in the amendment made by this section may be construed as altering or amending the responsibilities1 authorities1 and functions of the ,chief ,financial ,officer of the ,department of ,homeland ,security under section #ijb of title #ca1 ,united ,states ,code4 #aaa4 ,chief ,information ,officer 7a7 ,in general ,section #gjc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdc7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following new sentence3 ,in addition to the functions under section #cejf7;a77#b7 of title #dd1 ,united ,states ,code1 the ,chief ,information ,officer shall perform the functions set forth in this section and such other functions as may be assigned by the ,secretary42 7#b7 by redesignating subsections 7b7 and 7c7 as subsections 7d7 and 7e71 respectively2 and 7#c7 by inserting after subsection 7a7 the following new subsections3 7b7 ,responsibilities ,in addition to performing the functions under section #cejf of title #dd1 ,united ,states ,code1 the ,chief ,information ,officer shall serve as the lead technical authority for information technology programs of the ,department and ,department components1 and shall-- 7#a7 advise and assist the ,secretary1 heads of the components of the ,department1 and other senior officers in carrying out the responsibilities of the ,department for all activities relating to the budgets1 programs1 security1 and operations of the information technology functions of the ,department2 7#b7 to the extent delegated by the ,secretary1 exercise leadership and authority over ,department information technology management and establish the information technology priorities1 policies1 processes1 standards1 guidelines1 and procedures of the ,department to ensure interoperability and standardization of information technology2 7#c7 maintain a consolidated inventory of the mission critical and mission essential information systems of the ,department1 and develop and maintain contingency plans for responding to a disruption in the operation of any of such information systems2 7#d7 maintain the security1 visibility1 reliability1 integrity1 and availability of data and information technology of the ,department2 7#e7 establish and implement policies and procedures to effectively monitor and manage vulnerabilities in the supply chain for purchases of information technology1 in consultation with the ,chief ,procurement ,officer of the ,department2 7#f7 review contracts and interagency agreements associated with major information technology investments and information technology investments that have had cost1 schedule1 or performance challenges in the past2 7#g7 assess the risk of all major information technology investments and publicly report the risk rating to the ,office of ,management and ,budget2 and 7#h7 carry out any other responsibilities delegated by the ,secretary consistent with an effective information system management function4 7c7 ,strategic plans ,in coordination with the ,chief ,financial ,officer1 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-- 7#a7 the budget of the ,department aligns with priorities specified in the information technology strategic plan2 7#b7 the information technology strategic plan informs the budget process of the ,department2 7#c7 information technology priorities were or were not funded and the reasons for not funding all priorities in a given fiscal year2 7#d7 the ,department has identified and addressed skills gaps needed to implement the information technology strategic plan2 and 7#e7 unnecessary duplicate information technology within and across the components of the ,department has been eliminated4 4 7b7 ,software licensing 7#a7 ,software inventory ,not later than #ahj days after the date of the enactment of this ,act and every two years thereafter until #bjbd1 the ,chief ,information ,officer of the ,department of ,homeland ,security1 in consultation with ,department component chief information officers1 shall-- 7,a7 conduct a ,department-wide inventory of all existing software licenses held by the ,department1 including utilized and unutilized licenses2 7,b7 assess the needs of the ,department and the components of the ,department for software licenses for the subsequent two fiscal years2 7,c7 examine how the ,department can achieve the greatest possible economies of scale and cost savings in the procurement of software licenses2 7,d7 determine in writing how the use of shared cloud-computing services will impact the needs for software licenses for the subsequent two fiscal years2 7,e7 establish plans and estimated costs for eliminating unutilized software licenses for the subsequent two fiscal years2 and 7,f7 submit a copy of each inventory conducted under subparagraph 7,a7 and each written determination conducted under subparagraph 7,d7 to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7#b7 ,plan to reduce software licenses ,if the ,chief ,information ,officer of the ,department of ,homeland ,security determines through the inventory conducted under paragraph 7#a7 that the number of software licenses held by the ,department and the components of the ,department exceed the needs of the ,department1 not later than #ij days after the date on which the inventory is completed1 the ,secretary of ,homeland ,security shall establish a plan for reducing the number of such software licenses to meet the needs of the ,department4 7c7 ,comptroller general review ,not later than fiscal year #bjba1 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 section4 7d7 ,completion of first definition of capabilities ,not later than one year after the date of the enactment of this ,act1 the ,chief ,information ,officer of the ,department of ,homeland ,security shall complete the first information technology strategic plan required under subsection 7c7 of section #gja of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a7 of this section4 #aab4 ,chief ,procurement ,officer 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq471 as amended by this ,act1 is further amended by adding at the end the following new section3 #gab4 ,chief ,procurement ,officer 7a7 ,in general ,there is in the ,department a ,chief ,procurement ,officer1 who shall serve as a senior business advisor to agency officials on procurement-related matters and report directly to the ,under ,secretary for ,management4 ,the ,chief ,procurement ,officer is the senior procurement executive for purposes of subsection 7c7 of section #agjb of title #da1 ,united ,states ,code1 and shall perform procurement functions as specified in such subsection4 7b7 ,responsibilities ,the ,chief ,procurement ,officer shall-- 7#a7 delegate or retain contracting authority1 as appropriate2 7#b7 issue procurement policies and oversee the heads of contracting activity of the ,department to ensure compliance with such policies2 7#c7 serve as the main liaison of the ,department to industry on procurement-related issues2 7#d7 account for the integrity1 performance1 and oversight of ,department procurement and contracting functions2 7#e7 ensure that procurement contracting strategies and plans are consistent with the intent and direction of the ,acquisition ,review ,board2 7#f7 oversee a centralized procurement workforce certification and training program using1 as appropriate1 existing best practices and contracting training opportunities from the ,federal ,government1 private sector1 or universities and colleges1 including training on how best to identify actions that warrant referrals for suspension or debarment2 7#g7 provide input on the periodic performance reviews of each head of contracting activity of the ,department2 7#h7 collect baseline data and use such data to establish performance measures on the impact of strategic sourcing initiatives on the private sector1 including small businesses2 7#i7 establish and implement policies and procedures to effectively monitor and manage vulnerabilities in the supply chain for all ,department purchases2 7#aj7 ensure that a fair proportion of the value of ,federal contracts and subcontracts are awarded to small businesses 7in accordance with the procurement contract goals under section #ae7;g7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdd7;g7771 maximize opportunities for small business participation in such contracts1 and ensure1 to the extent practicable1 small businesses that achieve qualified vendor status for security-related technologies are provided an opportunity to compete for contracts for such technology2 7#aa7 conduct oversight of implementation of administrative agreements to resolve suspension or debarment proceedings2 and 7#ab7 carry out any other procurement duties that the ,under ,secretary for ,management may designate4 7c7 ,head of contracting activity defined ,in this section1 the term head of contracting activity means an official responsible for the establishment1 management1 and oversight of a team of procurement professionals properly trained1 certified1 and warranted to accomplish the acquisition of products and services on behalf of the designated components1 offices1 and organizations of the ,department1 and as authorized1 other government entities4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #gaa1 as added by this ,act1 the following new item3 ,sec4 #gab4 ,chief ,procurement ,officer4 4 #aac4 ,chief ,security ,officer 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq471 as amended by this ,act1 is further amended by adding at the end the following new section3 #gac4 ,chief ,security officer 7a7 ,in general ,there is in the ,department a ,chief ,security ,officer1 who shall report directly to the ,under ,secretary for ,management4 7b7 ,responsibilities ,the ,chief ,security ,officer shall-- 7#a7 develop and implement the security policies1 programs1 and standards of the ,department1 including as relates to interoperable enterprise systems2 7#b7 identify training and provide education to ,department personnel on security-related matters2 and 7#c7 provide support to ,department components on security-related matters4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is further amended by inserting after the item relating to section #gab1 as added by this ,act1 the following new item3 ,sec4 #gac4 ,chief ,security ,officer4 4 #aad4 ,chief ,data ,officer ,section #gjc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdc71 as amended by this ,act1 is further amended by adding at the end the following new subsection3 7f7 ,chief ,data ,officer 7#a7 ,in general ,the ,secretary1 in consultation with the ,chief ,information ,officer1 shall designate a career appointee of the ,department as the ,chief ,data ,officer of the ,department4 7#b7 ,qualifications ,the ,chief ,data ,officer shall possess demonstrated training and experience in the management1 governance1 generation1 collection1 protection1 analysis1 use1 and sharing of data1 including the protection and de-identification of personally identifiable information4 7#c7 ,functions ,the ,chief ,data ,officer shall be responsible for the following3 7,a7 ,ensuring that the ,department conforms with data management best practices recognized across industry and the ,federal ,government4 7,b7 ,coordinating the organization and integration of data across the ,department for improved interoperability1 analysis1 and decision-making4 7,c7 ,reviewing the impact of the infrastructure of the ,department regarding data integrity and interoperability4 7,d7 ,coordinating the release of data for public use following appropriate privacy reviews within the ,department1 as coordinated with the ,chief ,privacy ,officer4 7,e7 ,promoting the use of modern data systems to improve ,department operations4 7,f7 ,coordinating the storage of ,department records in accordance with the ,national ,archives and ,records ,administration's ,general ,records ,schedules4 7,g7 ,publishing guidance for revising record schedule proposals which shall include guidelines for keeping a written record of justification for such revisions4 7,h7 ,overseeing1 in consultation with the ,chief ,privacy ,officer of the ,department1 as appropriate1 the ,department's compliance with the following responsibilities3 7i7 ,issuing guidelines ensuring and maximizing the quality1 objectivity1 utility and integrity of information 7including statistical information74 7ii7 ,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 guidelines4 7iii7 ,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 components4 7,i7 ,coordinating with appropriate officials of the ,department1 including the ,chief ,privacy ,officer1 component privacy officers1 component ,chief ,data ,officers1 and program managers1 regarding the use of data within their respective components and under their authorities4 7,j7 ,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 purposes4 7#d7 ,component ,chief ,data ,officers ,the heads of each operational component of the ,department1 in consultation with the ,chief ,data ,officer of the ,department and the ,chief ,information ,officer of such component1 shall designate a career appointee from each such component as the ,chief ,data ,officer of such component4 ,each such component ,chief ,data ,officer shall-- 7,a7 have the qualifications described under paragraph 7#b72 and 7,b7 coordinate with and assist the ,chief ,data ,officer of the ,department in the implementation of the functions specified in subparagraphs 7,a7 through 7,f7 of paragraph 7#c7 for their respective component4 7#e7 ,reports ,not later than #ahj days after the date of the enactment of this subsection and periodically thereafter as necessary1 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 subsection1 including any concerns regarding such implementation4 7#f7 ,definition ,in this subsection1 the term career appointee has the meaning given such term in section #cacb of title #e1 ,united ,states ,code4 4 #aae4 ,officer for ,civil ,rights and ,civil ,liberties 7a7 ,in general ,section #gje of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cde7 is amended-- 7#a7 in the section heading1 by striking ,establishment of2 and 7#b7 by striking subsections 7a7 and 7b7 and inserting the following new subsections3 7a7 ,in general ,there is established within the ,department an ,office for ,civil ,rights and ,civil ,liberties4 ,the head of such ,office is the ,officer for ,civil ,rights and ,civil ,liberties1 who shall report directly to the ,secretary4 7b7 ,responsibilities ,the ,officer for ,civil ,rights and ,civil ,liberties shall carry out the following responsibilities3 7#a7 ,oversee compliance with constitutional1 statutory1 regulatory1 policy1 and other requirements relating to the civil rights and civil liberties of individuals affected by the programs and activities of the ,department4 7#b7 ,integrate civil rights and civil liberties protections into all programs and activities of the ,department4 7#c7 ,conduct civil rights and civil liberties impact assessments1 as appropriate1 including prior to the implementation of new ,department regulations1 initiatives1 programs1 or policies4 7#d7 ,conduct periodic reviews of policies1 procedures1 and activities of the ,department relating to civil rights and civil liberties4 7#e7 ,provide policy advice1 recommendations1 and other technical assistance relating to civil rights and civil liberties to the ,secretary and to heads of components1 directorates1 and offices and other personnel within the ,department4 7#f7 ,review1 assess1 and investigate complaints1 including complaints filed by members of the public1 and information indicating possible abuses of civil rights or civil liberties at the ,department1 unless the ,inspector ,general of the ,department determines that any such complaint should be investigated by the ,inspector ,general4 7#g7 ,initiate reviews1 investigations1 and assessments of the administration of the programs and activities by the ,department relating to civil rights and civil liberties1 as the ,officer determines necessary4 7#h7 ,coordinate with the ,privacy ,officer to ensure that-- 7,a7 programs1 policies1 and procedures involving civil rights1 civil liberties1 and privacy considerations are addressed in an integrated and comprehensive manner2 and 7,b7 ,congress receives appropriate reports regarding such programs1 policies1 and procedures4 7#i7 ,lead the equal employment opportunity programs of the ,department1 including complaint management and adjudication1 workforce diversity1 and promotion of the merit system principles4 7#aj7 ,make publicly available through accessible communications channels1 including the website of the ,department-- 7,a7 information on the responsibilities and functions of1 and how to contact1 the ,office2 7,b7 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 7#f72 and 7,c7 summaries of impact assessments issued by the ,officer and carried out pursuant to paragraph 7#c7 or 7#g74 7#aa7 ,engage with individuals and communities whose civil rights and civil liberties may be affected by programs and activities of the ,department1 including by informing such individuals and communities about report and redress processes and advising the ,secretary and heads of components1 directorates1 offices1 and other personnel within the ,department of concerns raised by such individuals and communities4 7c7 ,coordination with inspector general 7#a7 ,authority to investigate possible abuses ,the ,officer for ,civil ,rights and ,civil ,liberties may investigate any matter referred to in paragraph 7#f7 or 7#g7 of subsection 7b7 after fulfilling the coordination requirements under paragraph 7#b7 with respect to such matter4 7#b7 ,coordination requirements 7,a7 ,referral of matters to inspector general ,before initiating any investigation described under paragraph 7#a71 the ,officer for ,civil ,rights and ,civil ,liberties shall refer the matter and all related complaints to the ,inspector ,general of the ,department4 7,b7 ,inspector general responsibilities 7i7 ,determination and notification ,not later than #e business days after the receipt of a matter referred under subparagraph 7,a71 the ,inspector ,general shall-- 7,i7 make a determination regarding whether the ,inspector ,general intends to initiate an audit or investigation of the matter referred under subparagraph 7,a72 and 7,,ii7 notify the ,officer of such determination4 7ii7 ,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 investigation1 the ,inspector ,general shall-- 7,i7 initiate such audit or investigate by not later than #ij days after providing such notification2 or 7,,ii7 not later than #c days after the end of the #ij-;day period specified in subclause 7,i71 notify the ,officer that such audit or investigation was not initiated4 7,c7 ,provision of assistance ,at the request of the ,inspector ,general1 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 7,a74 7,d7 ,investigation by officer ,the ,officer for ,civil ,rights and ,civil ,liberties may investigate a matter referred to the ,inspector ,general under subparagraph 7,a7 only if-- 7i7 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 matter2 or 7ii7 the ,inspector ,general provides notification under subparagraph 7,b77ii77,,ii7 that an audit or investigation was not initiated4 7d7 ,transparency 7#a7 ,complaints ,in the case of a complaint made concerning allegations of abuses of civil rights and civil liberties under paragraph 7#f7 of subsection 7b71 the ,officer for ,civil ,rights and ,civil ,liberties shall-- 7,a7 provide to the individual who made the complaint notice of the receipt of such complaint within #cj days of receiving the complaint2 and 7,b7 inform the complainant of the determination of the ,officer regarding the initiation of a review1 assessment1 or investigation within the ,office1 a referral to the ,inspector ,general of the ,department1 or any other action taken4 7#b7 ,investigations ,in the case of an investigation initiated by the ,officer pursuant to paragraph 7#f7 or 7#g7 of subsection 7b71 upon the conclusion of the investigation1 the ,officer shall produce a report on the investigation which-- 7,a7 shall include the findings and recommendations of the ,officer2 7,b7 a summary of which shall be made publicly available2 7,c7 shall not include any personally identifiable information related to any individual involved in such investigation2 and 7,d7 may include a classified appendix1 as the ,officer determines appropriate4 7#c7 ,submittal to heads of operational components ,the ,officer shall transmit a copy of each report produced under paragraph 7#b7 to the ,secretary and to the relevant head of each relevant operational component of the ,department4 7#d7 ,reports to congress ,upon the conclusion of any investigation conducted by the ,officer for ,civil ,rights and ,civil ,liberties under paragraph 7#f7 or 7#g7 of subsection 7b71 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 investigation1 which shall be prepared and submitted without any prior comment or amendment by the ,secretary1 ,deputy ,secretary1 or any other officer or employee of the ,department1 unless the ,officer seeks such comment4 7e7 ,component civil rights and civil liberties officer ,the head of each of the operational components of the ,department shall designate a career appointee 7as such term is defined in section #cacb of title #e1 ,united ,states ,code7 from such component as the ,officer for ,civil ,rights and ,civil ,liberties of that component4 ,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 components4 7f7 ,access to information ,the ,officer for ,civil ,rights and ,civil ,liberties of the ,department-- 7#a7 shall have access to all records1 reports1 audits1 reviews1 documents1 papers1 recommendations1 and other materials available to the ,department that relate to programs and operations with respect to the responsibilities of the ,officer under subsection 7b72 and 7#b7 may1 to the extent the ,officer determines necessary1 and subject to the approval of the ,secretary-- 7,a7 issue a subpoena to require the production1 by any person other than a ,federal agency1 of all information1 documents1 reports1 answers1 records1 accounts1 papers1 and other documentary evidence necessary in the performance of the responsibilities of the ,officer under this section2 and 7,b7 administer to or take from any person an oath1 affirmation1 or affidavit1 whenever necessary in the performance of the responsibilities of the ,officer under this section4 7g7 ,annual report ,not later than ,march #ca of each year1 the ,officer for ,civil ,rights and ,civil ,liberties of the ,department shall submit directly to the ,president1 the ,president of the ,senate1 the ,speaker of the ,house of ,representatives1 and the appropriate committees and subcommittees of ,congress1 a report on the implementation of this section during the year preceding the year during which the report is submitted4 ,each such report shall include1 for the year covered by the report-- 7#a7 any allegations of abuse described under subsection 7b77#f7 and any actions by the ,department or a component1 directorate1 or office of the ,department that the ,officer identifies as responsive to such allegations2 7#b7 a list of ,department programs and activities for which civil rights and civil liberties impact assessments were conducted1 or policy advice1 recommendations1 or other technical assistance was provided2 7#c7 any recommendations issued by the ,officer to the ,secretary or the head of a component1 directorate1 or office1 together with information on the status of the implementation of such recommendations2 7#d7 information on the diversity and equal employment opportunity activities of the ,department1 including information on complaint management and adjudication of equal employment opportunity complaints and efforts to ensure compliance throughout the ,department with equal employment opportunity requirements2 7#e7 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 ,department1 including public meetings2 and 7#f7 information on total staffing for the ,office of ,civil ,rights and ,civil ,liberties1 including-- 7,a7 the number of full-time1 part-time and contract support personnel2 and 7,b7 information on the number of employees whose primary responsibilities include supporting the ,officer in carrying out paragraph 7#i7 of subsection 7b74 4 7b7 ,reporting to congress ,section #ajfb7;f77#a77;,a77i7 of the ,national ,security ,intelligence ,reform ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee-#a7;f77#a77;,a77i77 is amended by inserting the ,committee on ,homeland ,security of the ,house of ,representatives1 after ,affairs of the ,senate14 7c7 ,comptroller ,general review ,not later than #ahj days after the date of the enactment of this ,act1 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 7b77#aa7 of section #gje of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cde71 as amended by subsection 7a74 7d7 ,clerical amendment ,the item relating to section #gje in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended to read as follows3 ,sec4 #gje4 ,officer for ,civil ,rights and ,civil ,liberties4 4 #aaf4 ,the ,countering ,weapons of ,mass ,destruction ,office 7a7 ,qualifications for the ,assistant ,secretary ,section #aija7;b7 of the ,homeland ,security ,act is amended by inserting before the period at the end the following3 and shall have experience and expertise in chemical1 biological1 radiological1 or nuclear materials1 devices or agents and experience successfully leading a workforce that includes scientists4 7b7 ,workforce ,morale and ,retention ,not later than #ij days after enactment of this ,act1 the ,assistant ,secretary for ,countering ,weapons of ,mass ,destruction1 in coordination with the ,chief ,human ,capital ,officer of the ,department1 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 plan1 that includes metrics1 for the ,department to address morale and employee retention challenges within the office4 7c7 ,national ,technical ,nuclear ,forensics ,center ,not later than #abj days after enactment of this ,act1 the ,assistant ,secretary for ,countering ,weapons of ,mass ,destruction shall submit a report on implementation of paragraphs 7#aa7 and 7#ab7 of section #aibc7;a7 of the ,homeland ,security ,act4 7d7 ,notice of ,delay ,should the ,secretary fail to comply with provisions of subsection 7g7 of section #b of ,public ,law #aae-chg by the deadline listed therein1 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 7g71 specifying the reasons for the failure1 and comply with the provisions of subsection 7g7 within two weeks of the delivery deadline of said notice4 ,nothing in this section shall be construed to limit1 or otherwise affect the reporting required under subsection 7g74 #aag4 ,coordinator for unmanned aircraft systems countermeasures 7a7 ,in general ,title ,,iii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aha et seq47 is amended by adding at the end the following new section3 #cba4 ,countering ,unmanned ,aircraft ,systems ,coordinator 7a7 ,coordinator ,the ,secretary shall designate an official of the ,department as the ,countering ,unmanned ,aircraft ,systems 7,,uas7 ,coordinator 7in this section referred to as the ,coordinator7 to coordinate with relevant ,department offices and components1 including the ,office for ,civil ,rights and ,civil ,liberties and the ,privacy ,office1 and other relevant ,federal agencies1 as appropriate1 on the development of policies and plans to counter threats associated with ,,uas1 including relating to the following3 7#a7 ,countering ,,uas that may be used in a terrorist attack4 7#b7 ,promoting research and development of counter ,,uas technologies4 7#c7 ,ensuring the dissemination of information and guidance related to countering ,,uas threats4 7#d7 ,serving as the ,department point of contact for ,federal1 ,state1 local1 and ,tribal law enforcement entities and the private sector regarding the ,department's activities related to countering ,,uas4 7#e7 ,carrying out other related ,,uas activities1 as directed by the ,secretary4 7b7 ,coordination with applicable ,federal laws ,the ,coordinator shall1 in addition to other assigned duties1 coordinate with relevant ,department offices and components and other relevant ,federal agencies1 as appropriate1 to ensure testing1 evaluation1 or deployment of a system used to identify1 assess1 or defeat a ,,uas is carried out in accordance with applicable ,federal laws4 7c7 ,coordination with private sector ,the ,coordinator shall1 working with the ,office of ,partnership and ,engagement and other relevant ,department offices and components1 or other ,federal agencies1 as appropriate1 serve as the principal ,department official responsible for disseminating to the private sector information regarding any opportunities for public-private collaboration on counter ,,uas technology and other counter ,,uas technology information1 particularly information that may impact the development1 testing1 or lawful utilization of counter ,,uas services or systems by the private sector4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #cbj the following new item3 ,sec4 #cba4 ,countering ,unmanned ,aircraft ,systems ,coordinator4 4 #aah4 ,department of ,homeland ,security counterterrorism advisory board 7a7 ,in general ,subtitle ,a of title ,,ii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aba et seq47 is amended by adding at the end the following new section3 #baj;,h4 ,departmental coordination on counterterrorism 7a7 ,establishment ,there is in the ,department a board to be composed of senior representatives of departmental operational components and headquarters elements4 ,the purpose of the board shall be to coordinate and integrate departmental intelligence1 activities1 and policy related to the ,department's counterterrorism mission and functions1 including counter-targeted violence4 7b7 ,charter ,there shall be a charter to govern the structure and mission of the board4 ,such charter shall direct the board to focus on the current threat environment and the importance of aligning departmental counterterrorism activities under the ,secretary's guidance4 ,the charter shall be reviewed and updated every #d years1 as appropriate4 7c7 ,members 7#a7 ,chair ,the ,secretary shall appoint the ,associate ,secretary or other appropriate ,departmental official to serve as the chair of the board4 7#b7 ,additional members ,the ,secretary shall appoint additional members of the board from among the following3 7,a7 ,the ,transportation ,security ,administration4 7,b7 ,united ,states ,customs and ,border ,protection4 7,c7 ,united ,states ,immigration and ,customs ,enforcement4 7,d7 ,the ,federal ,emergency ,management ,agency4 7,e7 ,the ,united ,states ,coast ,guard4 7,f7 ,united ,states ,citizenship and ,immigration ,services4 7,g7 ,the ,united ,states ,secret ,service4 7,h7 ,the ,cybersecurity and ,infrastructure ,security ,agency4 7,i7 ,the ,office of ,operations ,coordination4 7,j7 ,the ,office of the ,general ,counsel4 7,k7 ,the ,office of ,privacy4 7,l7 ,the ,office of ,civil ,rights and ,civil ,liberties4 7,m7 ,the ,office of ,intelligence and ,analysis4 7,n7 ,the ,office of ,strategy1 ,policy1 and ,plans4 7,o7 ,the ,science and ,technology ,directorate4 7,p7 ,the ,countering ,weapons of ,mass ,destruction ,office4 7,q7 ,the ,federal ,protective ,service4 7,r7 ,other ,departmental offices and programs as determined appropriate by the ,secretary4 7d7 ,meetings ,the board shall meet on a regular basis to discuss intelligence and coordinate ongoing threat mitigation efforts and departmental activities1 including coordination with other ,federal1 ,state1 local1 tribal1 territorial1 and private sector partners1 and shall make recommendations to the ,secretary4 7e7 ,terrorism alerts ,the board shall advise the ,secretary on the issuance of terrorism alerts pursuant to section #bjc of this ,act4 4 7b7 ,transnational ,white ,supremacism ,extremism ,report 7#a7 ,in general ,not later than #ahj days after enactment of this ,act1 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 organizations4 7#b7 ,classification ,the report required under paragraph 7#a7 shall be submitted in unclassified form and be made publicly available1 but may include a classified annex for any sensitive or classified information if necessary4 7c7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by inserting after the item relating to section #baj;,g the following new item3 ,sec4 #baj;,h4 ,departmental coordination on counterterrorism4 4 7d7 ,report ,not later than #ij days after the date of the enactment of this ,act1 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 #baj;,h of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a74 #aai4 ,department of ,homeland ,security leadership council 7a7 ,in general ,subtitle ,h of title ,,viii of the ,homeland ,security ,act of #bjjb is amended by adding at the end the following new section3 #hij;,b4 ,department leadership council 7a7 ,department leadership council 7#a7 ,establishment ,the ,secretary may establish a ,department leadership council as the ,secretary determines necessary to ensure coordination and improve programs and activities of the ,department4 7#b7 ,function ,a ,department leadership council shall-- 7,a7 serve as a forum for coordination and information sharing2 7,b7 advise the ,secretary1 ,deputy ,secretary1 and ,associate ,secretary on ,department strategy1 operations1 and guidance2 and 7,c7 consider and report on such other matters as the ,secretary1 ,deputy ,secretary1 or ,associate ,secretary may direct4 7#c7 ,relationship to other forums ,the ,secretary1 ,deputy ,secretary1 or ,associate ,secretary may delegate the authority to direct the implementation of any decision or guidance resulting from the action of a ,department leadership council to any office1 component1 coordinator1 or other senior official of the ,department4 7b7 ,joint ,requirements ,council 7#a7 ,definition of joint requirement ,in this subsection1 the term joint requirement means a condition or need of more than one operating components of the ,department that is required to be met or possessed by a system1 product1 or service to satisfy an operational mission4 7#b7 ,establishment ,the ,secretary shall establish within the ,department a ,joint ,requirements ,council4 7#c7 ,mission ,in addition to other matters assigned to the ,joint ,requirements ,council by the ,secretary1 ,deputy ,secretary1 or the ,associate ,secretary1 the ,joint ,requirements ,council shall-- 7,a7 develop ,department-wide policies for identifying1 validating1 and prioritizing capability gaps and requirements that reduce duplication and increase opportunities for efficiencies in meeting mission needs of the ,department2 7,b7 assess and validate proposed capability gaps and requirements for all acquisition programs1 to ensure alignment with the ,department's strategic goals1 and that requirements are well-defined1 measurable1 achievable1 and cost-informed2 7,c7 implement portfolio reviews to identify common capability gaps or mission needs among components to harmonize investments and prevent unnecessary overlap and duplication among components2 and 7,d7 assist with developing joint requirements for any common capability gaps or mission needs identified under subparagraph 7,c72 7,e7 prioritize new and existing requirements identified under subparagraphs 7,b7 and 7,d7 to make recommendations to the ,secretary1 ,deputy ,secretary1 or ,associate ,secretary as a part of the ,department's annual budget development process2 7,f7 track any changes to existing requirements1 including the reasons for the changes1 to identify opportunities to improve the requirements generation process across the ,department2 and 7,g7 provide technical support and assistance to components1 including reviewing component-level policies for identifying1 validating1 and prioritizing capability gaps and requirements to ensure alignment with the ,department-wide policies established under subparagraph 7,a74 7#d7 ,composition 7,a7 ,chairperson ,the ,secretary shall appoint a chairperson of the ,joint ,requirements ,council1 for a term of not more than #d years1 from among senior officials from components of the ,department or other senior officials as designated by the ,secretary4 7,b7 ,participation ,the ,secretary shall ensure participation of relevant senior officials representing components of the ,department and other senior officials as designated by the ,secretary4 7,c7 ,administration ,the ,secretary shall designate a full-time employee of the ,department to serve as the executive secretariat of the ,council4 7#e7 ,relationship to future years homeland security program ,the ,secretary shall ensure that the ,future ,years ,homeland ,security ,program required under section #hgd is consistent with any recommendations of the ,joint ,requirements ,council required under paragraph 7#c77;,e71 as affirmed by the ,secretary4 7#f7 ,annual report ,within one year of the date of enactment of this ,act1 and each year thereafter1 the ,chair of the ,joint ,requirements ,council shall submit a report to the congressional homeland security committees 7as such term is defined in section #hcj7 summarizing the activities of the ,council during the preceding fiscal year4 ,the report shall include a list of documents validated by the ,council that identifies1 at a minimum1 the following details3 7,a7 ,the type of document4 7,b7 ,the relevant components4 7,c7 ,the document version1 if previously validated1 and reason for review or revision4 7,d7 ,the dates of initial submission and final validation4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #hij;,a the following new item3 ,sec4 #hij;,b4 ,department leadership council4 4 #abj4 ,school security coordinating council 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq471 as amended by this ,act1 is further amended by adding at the end the following new section3 #gad4 ,school security coordinating council 7a7 ,establishment ,there is established in the ,department a coordinating council to ensure that1 to the maximum extent practicable1 activities1 plans1 and policies to enhance the security of an early childhood education program1 elementary school1 high school1 or secondary schools against an act of terrorism are coordinated4 7b7 ,composition ,the members of the council established pursuant to subsection 7a7 shall include the following3 7#a7 ,the ,under ,secretary for ,strategy1 ,policy1 and ,plans4 7#b7 ,the ,director of the ,cybersecurity and ,infrastructure ,security4 7#c7 ,the ,administrator of the ,federal ,emergency ,management ,agency4 7#d7 ,the ,director of the ,secret ,service4 7#e7 ,the ,executive ,director of the ,office of ,academic ,engagement4 7#f7 ,the ,assistant ,secretary for ,public ,affairs4 7#g7 ,the ,civil ,rights and ,civil ,liberties ,officer4 7#h7 ,the ,privacy ,officer4 7#i7 ,any other official of the ,department the ,secretary determines appropriate4 7c7 ,leadership ,the ,secretary shall designate a member of the council to serve as chair of the council4 7d7 ,reports ,not later than #ahj days after enactment of this section1 and annually thereafter1 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 regarding the council's activities during the preceding year1 including information on any metrics regarding the efficacy of such activities and any engagement with stakeholders outside of the ,federal ,government4 7e7 ,definitions ,in this section1 the terms early childhood education program1 elementary school1 high school1 and secondary school have the meanings given such terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #gad the following new item3 ,sec4 #gad4 ,school security coordinating council4 4 ,b ,workforce ,reforms #aca4 ,chief human capital officer ,section #gjd of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdd7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting 1 including with respect to leadership development and employee engagement1 after policies2 7ii7 by striking and in line and inserting 1 in line2 and 7iii7 by inserting and informed by best practices within the ,federal ,government and the private sector1 after priorities12 7,b7 in paragraph 7#b71 by striking develop performance measures to provide a basis for monitoring and evaluating and inserting evaluate1 on an ongoing basis12 7,c7 in paragraph 7#c71 by inserting that1 to the extent practicable1 are informed by employee feedback after policies2 7,d7 in paragraph 7#d71 by inserting including internship1 leadership development1 and employee engagement programs1 before in coordination2 7,e7 in paragraph 7#e71 by inserting before the semicolon at the end the following3 that is informed by an assessment1 carried out by the ,chief ,human ,capital ,officer1 of the learning and developmental needs of employees in supervisory and non-supervisory roles across the ,department and appropriate workforce planning initiatives2 7,f7 by redesignating paragraphs 7#i7 and 7#aj7 as paragraphs 7#ab7 and 7#ac71 respectively2 and 7,g7 by inserting after paragraph 7#h7 the following new paragraphs3 7#i7 maintain a catalogue of available internship and employee development opportunities1 including the ,homeland ,security ,rotation ,program pursuant to section #hdd1 departmental leadership development programs1 interagency development programs1 and other rotational programs2 7#aj7 ensure that employee discipline and adverse action programs comply with the requirements of all pertinent laws1 rules1 regulations1 and ,federal guidance1 and ensure due process for employees2 7#aa7 analyze each ,department or ,government-wide ,federal workforce satisfaction or morale survey within #ij days of the publication of any such survey and submit to the ,secretary such analysis and1 as appropriate1 any recommendations to improve workforce satisfaction or morale within the ,department2 2 7,h7 in paragraph 7#ab71 as so redesignated1 by striking and after the semicolon at the end2 7,i7 in paragraph 7#ac71 as so redesignated1 by striking the period at the end and inserting 2 and2 and 7,j7 by adding at the end the following new paragraph3 7#ad7 oversee the consolidation1 integration1 and modernization of the ,department's human capital information technology infrastructure1 including systems to manage employee and contractor training records and employee performance records4 2 7#b7 by redesignating subsections 7d7 and 7e7 as subsections 7f7 and 7g71 respectively2 7#c7 by inserting after subsection 7c7 the following new subsections3 7d7 ,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 section4 7e7 ,internship programs 7#a7 ,in general ,in carrying out the responsibilities identified in subsections 7b77#d7 and 7b77#i71 the ,chief ,human ,capital ,officer shall1 in coordination with all the components of the ,department-- 7,a7 regularly review the catalogue of internships to ensure each program's purpose1 structure1 and eligibility requirements align with ,department and component workforce strategies and to eliminate unnecessary or duplicative programs2 7,b7 maintain data on the number of participants1 including attrition and graduation rates1 for each internship program by fiscal year2 7,c7 identify opportunities and mechanisms to convert or hire internship participants that satisfactorily complete program requirements to permanent positions2 7,d7 track the conversion or hiring rates of internship participants to permanent positions within the ,department or components by program2 and 7,e7 share lessons learned and opportunities for improving the management and administration of internship programs within the ,department and components4 7#b7 ,definitions ,in this section1 the term internship means any program that provides temporary employment or work experience to participants1 including current students and recent graduates4 2 and 7#d7 in subsection 7f71 as so redesignated-- 7,a7 by redesignating paragraphs 7#b71 7#c71 and 7#d7 as paragraphs 7#f71 7#g71 and 7#h71 respectively2 and 7,b7 by inserting after paragraph 7#a7 the following new paragraphs3 7#b7 information on employee development opportunities catalogued pursuant to paragraph 7#i7 of subsection 7b7 and any available data on participation rates1 attrition rates1 and impacts on retention and employee satisfaction2 7#c7 information on the progress of ,department-wide strategic workforce planning efforts as determined under paragraph 7#b7 of subsection 7b72 7#d7 information on the activities of the employee engagement steering committee established pursuant to section #gae1 including the number of meeting1 types of materials developed and distributed1 and recommendations made to the ,secretary2 7#e7 information on the implementation status of any cybersecurity-focused personnel systems used to recruit1 retain1 and manage mission critical cybersecurity talent authorized pursuant to the ,secretary's authority under section #bbjh2 4 #acb4 ,employee engagement steering committee and action plan 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq471 as amended by this ,act1 is further amended by adding at the end the following new section3 #gae4 ,employee engagement 7a7 ,steering committee ,not later than #abj days after the date of the enactment of this section1 the ,secretary shall establish an employee engagement steering committee1 including representatives from operational components1 headquarters1 and field personnel1 including supervisory and non-supervisory personnel1 and employee labor organizations that represent ,department employees1 and chaired by the ,under ,secretary for ,management1 to carry out the following activities3 7#a7 ,identify factors that have a negative impact on employee engagement1 morale1 and communications within the ,department1 such as perceptions about limitations on career progression1 mobility1 or development opportunities1 collected through employee feedback platforms1 including through annual employee surveys1 questionnaires1 and other communications1 as appropriate4 7#b7 ,identify1 develop1 and distribute initiatives and best practices to improve employee engagement1 morale1 and communications within the ,department1 including through annual employee surveys1 questionnaires1 and other communications1 as appropriate4 7#c7 ,monitor efforts of each component to address employee engagement1 morale1 and communications based on employee feedback provided through annual employee surveys1 questionnaires1 and other communications1 as appropriate4 7#d7 ,advise the ,secretary on efforts to improve employee engagement1 morale1 and communications within specific components and across the ,department4 7#e7 ,conduct regular meetings and report1 not less than once per quarter1 to the ,under ,secretary for ,management1 the head of each component1 and the ,secretary on ,department-wide efforts to improve employee engagement1 morale1 and communications4 7b7 ,action plan2 reporting ,the ,secretary1 acting through the ,chief ,human ,capital ,officer1 shall-- 7#a7 not later than #abj days after the date of the establishment of the employee engagement steering committee under subsection 7a71 issue a ,department-wide employee engagement action plan1 reflecting input from the steering committee and employee feedback provided through annual employee surveys1 questionnaires1 and other communications in accordance with paragraph 7#a7 of such subsection1 to execute strategies to improve employee engagement1 morale1 and communications within the ,department2 and 7#b7 require the head of each component to-- 7,a7 develop and implement a component-specific employee engagement plan to advance the action plan required under paragraph 7#a7 that includes performance measures and objectives1 is informed by employee feedback provided through annual employee surveys1 questionnaires1 and other communications1 as appropriate1 and sets forth how employees and1 where applicable1 their labor representatives1 are to be integrated in developing programs and initiatives2 7,b7 monitor progress on implementation of such action plan2 and 7,c7 provide to the ,chief ,human ,capital ,officer and the steering committee quarterly reports on actions planned and progress made under this paragraph4 7c7 ,termination ,this section shall terminate on the date that is five years after the date of the enactment of this section4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item related to section #gad1 as added by this ,act1 the following new item3 ,sec4 #gae4 ,employee engagement4 4 7c7 ,submissions to ,congress 7#a7 ,department-wide employee engagement action plan ,the ,secretary of ,homeland ,security1 acting through the ,chief ,human ,capital ,officer of the ,department of ,homeland ,security1 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 7b77#a7 of section #gae of the ,homeland ,security ,act of #bjjb 7as added by subsection 7a7 of this section7 not later than #cj days after the issuance of such plan4 7#b7 ,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 7b77#b7 of section #gae of the ,homeland ,security ,act of #bjjb 7as added by subsection 7a7 of this section7 not later than #cj days after the issuance of each such plan4 #acc4 ,annual employee award program 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq471 as amended by this ,act1 is further amended by adding at the end the following new section3 #gaf4 ,annual employee award program 7a7 ,in general ,the ,secretary may establish an annual employee award program to recognize ,department employees or groups of employees for significant contributions to the achievement of the ,department's goals and missions4 ,if such a program is established1 the ,secretary shall-- 7#a7 establish within such program categories of awards1 each with specific criteria1 that emphasizes honoring employees who are at the non-supervisory level2 7#b7 publicize within the ,department how any employee or group of employees may be nominated for an award2 7#c7 establish an internal review board comprised of representatives from ,department components1 headquarters1 and field personnel to submit to the ,secretary award recommendations regarding specific employees or groups of employees2 7#d7 select recipients from the pool of nominees submitted by the internal review board under paragraph 7#c7 and convene a ceremony at which employees or groups of employees receive such awards from the ,secretary2 and 7#e7 publicize such program within the ,department4 7b7 ,internal review board ,the internal review board described in subsection 7a77#c7 shall1 when carrying out its function under such subsection1 consult with representatives from operational components and headquarters1 including supervisory and non-supervisory personnel1 and employee labor organizations that represent ,department employees4 7c7 ,rule of construction ,nothing in this section may be construed to authorize additional funds to carry out the requirements of this section or to require the ,secretary to provide monetary bonuses to recipients of an award under this section4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #gae1 as added by this ,act1 the following new item3 ,sec4 #gaf4 ,annual employee award program4 4 #acd4 ,department of ,homeland ,security rotation program 7a7 ,enhancements to the rotation program ,section #hdd of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dad7 is amended-- 7#a7 ,by striking 7a7 ,establishment4-- 7#b7 by redesignating paragraphs 7#a7 through 7#e7 as subsections 7a7 through 7e71 respectively1 and adjusting the margins accordingly2 7#c7 in subsection 7a71 as so redesignated1 in the first sentence-- 7,a7 by striking ,not later than #ahj days after the date of enactment of this section1 the and inserting ,the2 and 7,b7 by striking for employees of the ,department and inserting for certain personnel within the ,department2 7#d7 in subsection 7b71 as so redesignated-- 7,a7 by redesignating subparagraphs 7,a7 through 7,g7 as paragraphs 7#c7 through 7#i71 respectively1 and adjusting the margins accordingly2 7,b7 by inserting before paragraph 7#c71 as so redesignated1 the following new paragraphs3 7#a7 seek to foster greater departmental integration and unity of effort2 7#b7 seek to help enhance the knowledge1 skills1 and abilities of participating personnel with respect to the programs1 policies1 and activities of the ,department2 2 7,c7 in paragraph 7#d71 as so redesignated1 by striking middle and senior level employees and inserting personnel2 and 7,d7 in paragraph 7#g71 as so redesignated1 by inserting before invigorate the following3 seek to improve morale and retention throughout the ,department and2 7#e7 in subsection 7c71 as redesignated by paragraph 7#b7-- 7,a7 by redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively1 and adjusting the margins accordingly2 and 7,b7 in paragraph 7#b71 as so redesignated-- 7i7 by striking clause 7iii72 and 7ii7 by redesignating clauses 7i71 7ii71 and 7iv7 through 7viii7 as subparagraphs 7,a7 through 7,g71 respectively1 and adjusting the margins accordingly2 7#f7 by redesignating subsections 7d7 and 7e71 as redesignated by paragraph 7#b71 as subsections 7e7 and 7f71 respectively2 7#g7 by inserting after subsection 7c7 the following new subsection3 7d7 ,administrative matters ,in carrying out the ,rotation ,program the ,secretary shall-- 7#a7 before selecting employees for participation in the ,rotation ,program1 disseminate information broadly within the ,department about the availability of the ,rotation ,program1 qualifications for participation in the ,rotation ,program1 including a minimum length of full-time employment within the employing component or office not less than one year1 and the general provisions of the ,rotation ,program2 7#b7 require as a condition of participation in the ,rotation ,program that an employee-- 7,a7 is nominated by the head of the component or office employing the employee2 and 7,b7 is selected by the ,secretary1 or the ,secretary's designee1 solely on the basis of relative ability1 knowledge1 and skills1 after fair and open competition that assures that all candidates receive equal opportunity2 7#c7 ensure that each employee participating in the ,rotation ,program shall be entitled to return1 within a reasonable period of time after the end of the period of participation1 to the position held by the employee1 or a corresponding or higher position1 in the component or office that employed the employee prior to the participation of the employee in the ,rotation ,program2 7#d7 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 ,program2 and 7#e7 require that1 during the period of participation by an employee in the ,rotation ,program1 performance evaluations for the employee shall be-- 7,a7 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 period2 and 7,b7 provided the same weight with respect to promotions and other rewards as performance evaluations for service in the office or component employing the employee4 2 and 7#h7 by adding at the end the following new subsection3 7g7 ,intelligence rotational assignment program 7#a7 ,establishment ,the ,secretary shall establish an ,intelligence ,rotational ,assignment ,program as part of the ,rotation ,program under subsection 7a74 7#b7 ,administration ,the ,chief ,human ,capital ,officer1 in conjunction with the ,chief ,intelligence ,officer1 shall administer the ,intelligence ,rotational ,assignment ,program established pursuant to paragraph 7#a74 7#c7 ,eligibility ,the ,intelligence ,rotational ,assignment ,program established pursuant to paragraph 7#a7 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 ,officer4 7#d7 ,coordination ,the responsibilities specified in subsection 7c77#b7 that apply to the ,rotation ,program under such subsection shall1 as applicable1 also apply to the ,intelligence ,rotational ,assignment ,program under this subsection4 4 7b7 ,congressional notification and oversight ,not later than #abj days after the date of the enactment of this ,act1 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 #hdd of the ,homeland ,security ,act of #bjjb1 as amended by subsection 7a7 of this section4 #ace4 ,homeland security rotational cybersecurity research program at the ,coast ,guard ,academy 7a7 ,in general ,subtitle ,e of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #daa et seq47 is amended by adding at the end the following new section3 #hdf4 ,rotational cybersecurity research program ,to enhance the ,department's cybersecurity capacity1 the ,secretary may establish a rotational research1 development1 and training program to-- 7#a7 detail to the ,cybersecurity and ,infrastructure ,security ,agency 7including the national cybersecurity and communications integration center authorized by section #bbji7 ,coast ,guard ,academy graduates and faculty2 and 7#b7 detail to the ,coast ,guard ,academy1 as faculty1 individuals with expertise and experience in cybersecurity who are employed by-- 7,a7 the ,cybersecurity and ,infrastructure ,security ,agency 7including employees from the national cybersecurity and communications integration center72 7,b7 the ,directorate of ,science and ,technology2 or 7,c7 an institution that has been designated by the ,department as a ,center of ,excellence for ,cyber ,defense1 or the equivalent4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by adding at the of the items relating to such subtitle the following3 ,sec4 #hdf4 ,rotational cybersecurity research program4 4 #acf4 ,department of ,homeland ,security intelligence and cybersecurity diversity fellowship program 7a7 ,program ,subtitle ,d of title ,,xiii of the ,homeland ,security ,act of #bjjb 7#e ,u4,s4,c4 #ccja note et seq47 is amended by adding at the end the following new section3 #accc4 ,intelligence and cybersecurity diversity fellowship program 7a7 ,program ,the ,secretary shall carry out an intelligence and cybersecurity diversity fellowship program 7in this section referred to as the ,program7 under which an eligible individual may-- 7#a7 participate in a paid internship at the ,department that relates to intelligence1 cybersecurity1 or some combination thereof2 7#b7 receive tuition assistance from the ,secretary2 and 7#c7 upon graduation from an institution of higher education and successful completion of the ,program1 receive an offer of employment to work in an intelligence or cybersecurity position of the ,department that is in the excepted service4 7b7 ,eligibility ,to be eligible to participate in the ,program1 an individual shall-- 7#a7 be a citizen of the ,united ,states2 and 7#b7 as of the date of submitting the application to participate in the ,program-- 7,a7 have a cumulative grade point average of at least #c4b on a #d4j scale2 and 7,b7 be a sophomore1 junior1 or senior at-- 7i7 a historically ,black college or university or a minority-serving institution2 or 7ii7 an institution of higher education that is not a historically ,black college or university or a minority-serving institution and be an active participant in a minority serving organization of such institution4 7c7 ,direct hire authority ,if an individual who receives an offer of employment under subsection 7a77#c7 accepts such offer1 the ,secretary shall appoint1 without regard to provisions of subchapter ,i of chapter #cc of title #e1 ,united ,states ,code 7except for section #ccbh of such title71 such individual to the position specified in such offer4 7d7 ,reports 7#a7 ,reports ,not later than #a year after the date of the enactment of this section1 and on an annual basis thereafter1 the ,secretary shall submit to the appropriate committees of ,congress a report on the ,program4 7#b7 ,matters ,each report under paragraph 7#a7 shall include1 with respect to the most recent year1 the following3 7,a7 ,a description of outreach efforts by the ,secretary to raise awareness of the ,program among institutions of higher education in which eligible individuals are enrolled4 7,b7 ,information on specific recruiting efforts conducted by the ,secretary to increase participation in the ,program4 7,c7 ,the number of individuals participating in the ,program1 listed by the institution of higher education in which the individual is enrolled at the time of participation1 and information on the nature of such participation1 including on whether the duties of the individual under the ,program relate primarily to intelligence or to cybersecurity4 7,d7 ,the number of individuals who accepted an offer of employment under the ,program and an identification of the element within the ,department to which each individual was appointed4 7e7 ,definitions ,in this section3 7#a7 ,appropriate committees of congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,homeland ,security and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 and 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs and the ,select ,committee on ,intelligence of the ,senate4 7#b7 ,excepted service ,the term excepted service has the meaning given that term in section #bajc of title #e1 ,united ,states ,code4 7#c7 ,historically black college or university ,the term historically ,black college or university has the meaning given the term part ,b institution in section #cbb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa74 7#d7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#e7 ,minority-serving institution ,the term minority-serving institution means an institution of higher education described in section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 4 7b7 ,clerical amendments ,the table of contents for such ,act is amended by inserting after the item relating to section #accb the following new item3 ,sec4 #accc4 ,intelligence and cybersecurity diversity fellowship program4 4 #acg4 ,cyber talent management system reporting ,section #bbjh of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #feh7 is amended-- 7#a7 in subsection 7c7-- 7,a7 by striking section and inserting ,act2 and 7,b7 by striking for #d years4 7#b7 in paragraph 7#b77;,b71 by inserting and performance against those measures compared to the prior year after progress2 and 7#c7 in paragraph 7#d7-- 7,a7 by redesignating paragraphs 7,a71 7,b71 7,c71 7,d71 7,e71 and 7,f7 as paragraphs 7,b71 7,c71 7,d71 7,e71 7,f71 and 7,g71 respectively2 and 7,b7 by inserting after paragraph 7#d7 the following new paragraph3 7,a7 the target number of qualified positions to be filled by occupation and grade and level or pay band2 4 #ach4 ,acquisition workforce 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq47 as amended by this ,act1 is further amended by adding at the end the following new section3 #gag4 ,acquisition workforce 7a7 ,policies ,the ,under ,secretary for ,management shall establish policies and procedures for the effective management 7including accession1 education1 training1 and career development7 of persons serving in the acquisition workforce within the ,department and1 to the extent practicable1 shall ensure such policies and procedures are implemented uniformly throughout the ,department4 7b7 ,designation 7#a7 ,acquisition career fields ,the ,under ,secretary for ,management shall designate those career fields in the ,department that are acquisition related for the purposes of this section4 ,such career fields shall include1 at a minimum1 the following areas3 7,a7 ,program management4 7,b7 ,systems planning1 development1 and engineering4 7,c7 ,test and evaluation4 7,d7 ,procurement1 including contracting4 7,e7 ,life cycle logistics4 7,f7 ,information technology4 7,g7 ,cybersecurity4 7,h7 ,cost estimating and financial management4 7,i7 ,production1 quality assurance1 and manufacturing4 7,j7 ,property management4 7#b7 ,critical positions ,the ,under ,secretary for ,management shall designate those positions within each career field specified in paragraph 7#a7 that are considered critical4 ,such positions may only be filled by a properly qualified full-time ,government employee and1 for each major acquisition program 7as such terms is defined in section #hcj71 shall include-- 7,a7 ,program ,manager2 7,b7 ,deputy ,program ,manager2 and 7,c7 any other position of significant responsibility in an acquisition career field in which the primary duties are supervisory or management duties4 7c7 ,career paths 7#a7 ,requirements ,for each acquisition career field designated under subsection 7b71 the ,under ,secretary for ,management shall establish3 7,a7 ,qualifications ,education1 training1 and experience requirements based on the level of complexity of duties carried out in the position4 7,b7 ,certifications ,identify course work and on-the-job training requirements that demonstrate qualifications at specified levels in each career field4 7#b7 ,delegation ,the ,under ,secretary for ,management shall identify a lead office with subject matter expertise for each career field to-- 7,a7 determine the qualification and certification requirements required under paragraph 7#a7 for each specified level2 7,b7 outline procedures and timeframes for maintaining and renewing certifications2 7,c7 regularly review certification requirements to make updates1 as needed1 to keep pace with advancements in each career field2 and 7,d7 disseminate information on qualification and certification requirements1 including any updates pursuant to subparagraph 7,c71 at least annually4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #gaf1 as added by this ,act1 the following new item3 ,sec4 #gag4 ,acquisition workforce4 4 7c7 ,workforce plan ,not later than one year after the enactment of this ,act1 the ,under ,secretary for ,management shall submit to the congressional homeland security committees and the ,comptroller ,general of the ,united ,states an acquisition workforce plan4 7d7 ,contents ,the plan required under subsection 7c7 shall include-- 7#a7 a comparison of the number of needed and actual positions in each career field of the ,department's acquisition workforce1 including that filled by contractors1 by component and by certification level1 as appropriate2 7#b7 a strategy for addressing any gaps identified in the comparison pursuant to paragraph 7#a71 including efforts to recruit and train qualified individuals and a cost-benefit analysis of filling positions with contractors or government employees2 and 7#c7 any risks or challenges the ,department faces in recruiting1 training1 or maintaining a qualified acquisition workforce and strategies for mitigating those risks or challenges4 7e7 ,consultation ,in developing the plan required under subsection 7c71 the ,under ,secretary for ,management may consult with headquarters1 components1 employees in the field1 and individuals from industry and the academic community4 7f7 ,review ,not later than one year after the plan required under subsection 7c7 is submitted1 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 committees4 ,the review shall include an assessment of the reliability of the workforce data reported in the plan2 an evaluation of the ,department's strategy for addressing any identified workforce gaps1 risks1 or challenges2 and any other recommendations for improving the ,department's acquisition workforce4 #aci4 ,acquisition professional career program 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq47 is amended by adding at the end the following new section3 #gah4 ,acquisition professional career program 7a7 ,establishment ,there is established in the ,department an acquisition professional career program to develop a cadre of acquisition professionals within the ,department4 7b7 ,administration ,the ,under ,secretary for ,management shall administer the acquisition professional career program established pursuant to subsection 7a74 7c7 ,program requirements ,the ,under ,secretary for ,management shall carry out the following with respect to the acquisition professional career program3 7#a7 ,designate the occupational series1 grades1 and number of acquisition positions throughout the ,department to be included in the program and manage centrally such positions4 7#b7 ,establish and publish on the ,department's website eligibility criteria for candidates to participate in the program4 7#c7 ,carry out recruitment efforts to attract candidates-- 7,a7 from institutions of higher education1 including such institutions with established acquisition specialties and courses of study1 historically ,black colleges and universities1 and ,hispanic-serving institutions2 7,b7 with diverse work experience outside of the ,federal ,government2 or 7,c7 with military service4 7#d7 ,hire eligible candidates for designated positions under the program4 7#e7 ,develop a structured program comprised of acquisition training1 on-the-job experience1 ,department-wide rotations1 mentorship1 shadowing1 and other career development opportunities for program participants4 7#f7 ,provide1 beyond required training established for program participants1 additional specialized acquisition training1 including small business contracting and innovative acquisition techniques training4 7d7 ,reports ,not later than #ahj days after enactment of this section1 and annually thereafter for five years1 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 acquisition professional career program4 ,each such report shall include the following information3 7#a7 ,the number of candidates approved for the program4 7#b7 ,the number of candidates who commenced participation in the program1 including generalized information on such candidates' backgrounds with respect to education and prior work experience1 but not including personally identifiable information4 7#c7 ,a breakdown of the number of participants hired under the program by type of acquisition position4 7#d7 ,a list of ,department components and offices that participated in the program and information regarding length of time of each program participant in each rotation at such components or offices4 7#e7 ,program attrition rates and post-program graduation retention data1 including information on how such data compare to the prior year's data1 as available4 7#f7 ,the ,department's recruiting efforts for the program4 7#g7 ,the ,department's efforts to promote retention of program participants4 7e7 ,definitions ,in this section3 7#a7 ,hispanic-serving institution ,the term ,hispanic-serving institution has the meaning given such term in section #ejb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aaja;a74 7#b7 ,historically black colleges and universities ,the term historically ,black colleges and universities has the meaning given the term part ,b institution in section #cbb7b7 of ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa7b774 7#c7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #gag the following new item3 ,sec4 #gah4 ,acquisition professional career program4 4 #adj4 ,security clearance management and administration 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb is amended-- 7#a7 by inserting before section #gja 7#f ,u4,s4,c4 #cda7 the following3 ,a ,headquarters ,activities 2 and 7#b7 by adding at the end the following new subtitle3 ,b ,security ,clearances #gca4 ,designation of national security sensitive and public trust positions 7a7 ,in general ,the ,secretary shall require the designation of the sensitivity level of national security positions 7pursuant to part #adjj of title #e1 ,code of ,federal ,regulations1 or similar successor regulation7 be conducted in a manner consistent with respect to all components and offices of the ,department1 and consistent with ,federal guidelines4 7b7 ,implementation ,in carrying out subsection 7a71 the ,secretary shall require the utilization of uniform designation tools throughout the ,department and provide training to appropriate staff of the ,department on such utilization4 ,such training shall include guidance on factors for determining eligibility for access to classified information and eligibility to hold a national security position4 #gcb4 ,review of position designations 7a7 ,in general ,not later than #abj days of enactment of this section1 and every five years thereafter1 the ,secretary shall review all sensitivity level designations of national security positions 7pursuant to part #adjj of title #e1 ,code of ,federal ,regulations1 or similar successor regulation7 at the ,department4 7b7 ,determination ,if during the course of a review required under subsection 7a71 the ,secretary determines that a change in the sensitivity level of a position that affects the need for an individual to obtain access to classified information is warranted1 such access shall be administratively adjusted and an appropriate level periodic reinvestigation completed1 as necessary4 7c7 ,congressional reporting ,upon completion of each review required under subsection 7a71 the ,secretary 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 findings of each such review1 including the number of positions by classification level and by component and office of the ,department in which the ,secretary made a determination in accordance with subsection 7b7 to-- 7#a7 require access to classified information2 7#b7 no longer require access to classified information2 or 7#c7 otherwise require a different level of access to classified information4 #gcc4 ,audits ,beginning not later than #ahj days after the date of the enactment of this section1 the ,inspector ,general of the ,department shall conduct regular audits of compliance of the ,department with part #adjj of title #e1 ,code of ,federal ,regulations1 or similar successor regulation4 #gcd4 ,reporting 7a7 ,in general ,the ,secretary shall annually through fiscal year #bjbf 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 following3 7#a7 ,the number of denials1 suspensions1 revocations1 and appeals of the eligibility for access to classified information of an individual throughout the ,department4 7#b7 ,the date and status or disposition of each reported action under paragraph 7#a74 7#c7 ,the identification of the sponsoring entity1 whether by a component1 office1 or headquarters of the ,department1 of each action under paragraph 7#a71 and description of the grounds for each such action4 7#d7 ,demographic data1 including data relating to race1 sex1 national origin1 and disability1 of each individual for whom eligibility for access to classified information was denied1 suspended1 revoked1 or appealed1 and the number of years that each such individual was eligible for access to such information4 7#e7 ,in the case of a suspension in excess of #ahj days1 an explanation for such duration4 7b7 ,form ,each report required under subsection 7a7 shall be submitted in unclassified form and be made publicly available1 but may include a classified annex for any sensitive or classified information if necessary4 #gce4 ,uniform adjudication1 suspension1 denial1 and revocation ,not later than one year after the date of the enactment of this section1 the ,secretary1 in consultation with the ,homeland ,security ,advisory ,committee1 shall develop and 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 to achieve greater uniformity within the ,department with respect to the adjudication of eligibility of an individual for access to classified information that are consistent with the ,adjudicative ,guidelines for ,determining ,access to ,classified ,information published on ,december #bi1 #bjje1 or similar successor regulation4 ,the plan shall consider the following3 7#a7 ,mechanisms to foster greater compliance with the uniform ,department adjudication1 suspension1 denial1 and revocation standards by the head of each component and office of the ,department with the authority to adjudicate access to classified information4 7#b7 ,the establishment of an internal appeals panel responsible for final national security clearance denial and revocation determinations that is comprised of designees who are career1 supervisory employees from components and offices of the ,department with the authority to adjudicate access to classified information and headquarters1 as appropriate4 #gcf4 ,data protection ,the ,secretary shall ensure that all information received for the adjudication of eligibility of an individual for access to classified information is consistent with the ,adjudicative ,guidelines for ,determining ,access to ,classified ,information published on ,december #bi1 #bjje1 or similar successor regulation1 and is protected against misappropriation4 #gcg4 ,reference ,except as otherwise provided1 for purposes of this subtitle1 any reference to the ,department includes all components and offices of the ,department4 4 7b7 ,clerical amendment ,the table of contents of the ,homeland ,security ,act of #bjjb relating to the items relating to title ,,vii is amended-- 7#a7 by inserting before the item relating to section #gja the following new item3 ,subtitle ,a--,headquarters ,activities 2 and 7#b7 by inserting at the end the following new items3 ,subtitle ,b--,security ,clearances ,sec4 #gca4 ,designation of national security sensitive and public trust positions4 ,sec4 #gcb4 ,review of position designations4 ,sec4 #gcc4 ,audits4 ,sec4 #gcd4 ,reporting4 ,sec4 #gce4 ,uniform adjudication1 suspension1 denial1 and revocation4 ,sec4 #gcf4 ,data protection4 ,sec4 #gcg4 ,reference4 4 #ada4 ,fitness information transparency 7a7 ,consolidation of fitness standards ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security1 shall-- 7#a7 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 level2 7#b7 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 employee2 and 7#c7 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 ,register4 7b7 ,deviation from uniform fitness standards ,the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security1 may authorize the ,department or a component of the ,department to deviate from the uniform fitness standards issued pursuant to subsection 7a7 on a position-by-position basis if-- 7#a7 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-- 7,a7 a determination that such uniform fitness standards are not sufficient to protect information1 systems1 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 ,department2 and 7,b7 a description of approved additional fitness standards and a list to which positions such deviation applies2 or 7#b7 exigent circumstances created by a presidential declaration of a major disaster issued pursuant to section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 require such deviation to mitigate staffing shortages for the duration of such declaration4 7c7 ,reciprocity 7#a7 ,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 components4 7#b7 ,sufficiency ,the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security1 may1 as appropriate1 deem a favorably adjudicated personnel security investigation sufficient to satisfy a requirement to complete a contractor fitness determination under this section4 7d7 ,fitness adjudication status updates ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security and in coordination with heads of the components of the ,department1 shall implement a uniform process to-- 7#a7 provide1 not less frequently than monthly1 contractor representatives certified pursuant to subsection 7e77#a7 access to information regarding the status of fitness determinations for ,department contractor employees relevant to such contractor representatives2 and 7#b7 collect each fiscal quarter data to allow the ,department and its components and contractor representatives to assess average fitness investigation1 adjudication1 and determination processing times for each component of the ,department1 including information regarding the parameters used to calculate each such average4 7e7 ,certification ,before the implementation of the uniform process described in subsection 7d71 the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security1 shall-- 7#a7 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 practices2 and 7#b7 consult with the ,director of the ,office of ,personnel ,management to ensure that such process is consistent with current best practices across the ,federal ,government4 7f7 ,applicability of section #ddicf of title #di1 united states code ,no authority or policy created by or issued pursuant to this section shall apply to employees or contractors of an air carrier1 foreign air carrier1 or airport operator subject to employment investigations pursuant to section #ddicf of title #di1 ,united ,states ,code4 7g7 ,reports to congress ,not later than #ahj days after the publication of uniform fitness standards described in subsection 7a7 and annually thereafter for four years1 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-- 7#a7 the number of deviation requests under subsection 7b7 made to the ,chief ,security ,officer of the ,department of ,homeland ,security1 including-- 7,a7 the number of deviation requests approved and the corresponding justification for each such deviation from such fitness standards2 and 7,b7 the number of deviation requests denied and the corresponding justification for each such denial2 7#b7 information regarding the number and average duration of ,federal contractor fitness determinations for each component of the ,department2 7#c7 information regarding the use of programs or policies that allow contractors to begin work prior to the completion of a fitness determination2 7#d7 to the extent practicable1 the number of individuals who1 during the preceding calendar year1 received an unfavorable fitness determination from the ,department by reason of an affiliation with or membership in an organization dedicated to terrorism2 7#e7 to the extent practicable1 the number of individuals who1 during the preceding calendar year1 received a favorable fitness determination from the ,department despite an affiliation with or membership in an organization dedicated to terrorism2 7#f7 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 7c77#a72 7#g7 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 components2 and 7#h7 information regarding the degree to which the ,secretary1 acting through the ,chief ,security ,officer of the ,department1 uses the authority under subsection 7c77#b74 7h7 ,suitability status updates ,not later than #a year after the date of the enactment of this ,act1 the ,chief ,security ,officer of the ,department of ,homeland ,security1 in consultation with the ,chief ,human ,capital ,officer of the ,department1 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 7d74 7i7 ,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 individuals1 property1 or public spaces based on the contractor employee's association with persons or organizations that advocate1 threaten1 or use force or violence1 or any other illegal or unconstitutional means1 in an effort to prevent others from exercising their rights under the ,constitution or laws of the ,united ,states or of any ,state1 based on factors including1 at a minimum1 race1 religion1 national origin1 or disability4 7j7 ,no additional funds authorized ,no additional funds are authorized to be appropriated to carry out this ,act4 ,this ,act shall be carried out using amounts otherwise appropriated4 7k7 ,definitions ,in this section3 7#a7 ,contractor ,the term contractor has the meaning given such term in section #gaja of title #da1 ,united ,states ,code4 7#b7 ,contractor employee ,the term contractor employee means an individual who performs work for or on behalf of any ,federal agency under a contract and who1 in order to perform the work specified under such contract1 will require access to facilities1 information1 information technology systems1 staff1 or other assets of the ,department of ,homeland ,security1 and who could1 by the nature of the access or duties of such individual1 adversely affect the integrity or efficiency of the ,department4 ,such contracts include the following3 7,a7 ,personal services contracts4 7,b7 ,contracts between any non-,federal entity and the ,department4 7,c7 ,sub-contracts between any non-,federal entity and another non-,federal entity to perform work related to the primary contract with the ,department4 7#c7 ,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 determinations1 and is certified pursuant to subsection 7e77#a7 regarding the adequate protection of personally identifiable information4 7#d7 ,excepted service ,the term excepted service has the meaning given such term in section #bajc of title #e1 ,united ,states ,code4 7#e7 ,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 service1 other than a position subject to a suitability determination or as a nonappropriated fund instrumentality employee4 7#f7 ,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 service1 other than a position subject to a suitability determination1 as a contractor employee1 or as a nonappropriated fund instrumentality employee4 7#g7 ,information technology ,the term information technology has the meaning given such term in section #aaaja of title #dj1 ,united ,states ,code4 7#h7 ,nonappropriated fund instrumentality employee ,the term nonappropriated fund instrumentality employee has the meaning given such term in section #aehg7;a77#a7 of title #aj1 ,united ,states ,code4 7#i7 ,personnel security investigation ,the term personnel security investigation has the meaning given such term in subsection 7a7 of section #cjja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda74 7#aj7 ,suitability determination ,the term suitability determination has the meaning given such term in section #gca4aja of title #e1 ,code of ,federal ,regulations4 7#aa7 ,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 coercion1 or to affect the conduct of a government by mass destruction1 assassination1 or kidnapping4 #adb4 ,independent investigation of disciplinary outcomes 7a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 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 misconduct4 7b7 ,consultation ,in carrying out the investigation described in subsection 7a71 the ,comptroller ,general of the ,united ,states shall consult with the employee engagement steering committee established pursuant to subsection 7b77#a7 of section #gac of the ,homeland ,security ,act of #bjjb 7as added by this ,act74 7c7 ,action by under secretary for management ,upon completion of the investigation described in subsection 7a71 the ,under ,secretary for ,management of the ,department of ,homeland ,security shall review the findings and recommendations of such investigation and implement a plan1 in consultation with the employee engagement steering committee established pursuant to subsection 7b77#a7 of section #gac of the ,homeland ,security ,act of #bjjb1 to correct any relevant deficiencies identified by the ,comptroller ,general of the ,united ,states4 ,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 #gac4 #adc4 ,rights for transportation security officers 7a7 ,definitions ,for purposes of this section-- 7#a7 the term adjusted basic pay means-- 7,a7 the rate of pay fixed by law or administrative action for the position held by a covered employee before any deductions2 and 7,b7 any regular1 fixed supplemental payment for non-overtime hours of work creditable as basic pay for retirement purposes1 including any applicable locality payment and any special rate supplement2 7#b7 the term ,administrator means the ,administrator of the ,transportation ,security ,administration2 7#c7 the term covered employee means an employee who holds a covered position2 7#d7 the term covered position means a position within the ,transportation ,security ,administration2 7#e7 the term conversion date means the date as of which subparagraphs 7,a7 through 7,d7 of paragraph 7#c7 of subsection 7b7 take effect2 7#f7 the term #bjai ,determination means the publication1 entitled ,determination on ,transportation ,security ,officers and ,collective ,bargaining1 issued on ,july #ac1 #bjai1 by ,administrator ,david ,p4 ,pekoske2 7#g7 the term employee has the meaning given such term by section #baje of title #e1 ,united ,states ,code2 7#h7 the term ,secretary means the ,secretary of ,homeland ,security2 and 7#i7 the term ,,tsa personnel management system means any personnel management system established or modified under-- 7,a7 section #aaa7;d7 of the ,aviation and ,transportation ,security ,act 7#di ,u4,s4,c4 #ddice note72 or 7,b7 section #aad7n7 of title #di1 ,united ,states ,code4 7b7 ,conversion of ,,tsa personnel 7#a7 ,restrictions on certain personnel authorities ,notwithstanding any other provision of law1 effective as of the date of the enactment of this ,act-- 7,a7 any ,,tsa personnel management system in use for covered employees and covered positions on the day before such date of enactment1 and any ,,tsa personnel management policy1 letters1 guideline1 or directive in effect on such day may not be modified2 7,b7 no ,,tsa personnel management policy1 letter1 guideline1 or directive that was not established before such date issued pursuant to section #aaa7;d7 of the ,aviation and ,transportation ,security ,act 7#di ,u4,s4,c4 #ddice note7 or section #aad7n7 of title #di1 ,united ,states ,code1 may be established2 and 7,c7 any authority to establish or adjust a human resources management system under chapter #ig of title #e1 ,united ,states ,code1 shall terminate with respect to covered employees and covered positions4 7#b7 ,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 policy1 letter1 guideline1 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 7#c7 of this subsection4 7#c7 ,transition to general personnel management system applicable to civil service employees ,effective as of the date determined by the ,secretary1 but in no event later than #ahj days after the date of the enactment of this ,act-- 7,a7 each provision of law cited in paragraph 7#i7 of subsection 7a7 of this section is repealed2 7,b7 any ,,tsa personnel management policy1 letter1 guideline1 and directive1 including the #bjai ,determination1 shall cease to be effective2 7,c7 any human resources management system established or adjusted under chapter #ig of title #e1 ,united ,states ,code1 with respect to covered employees or covered positions shall cease to be effective2 and 7,d7 covered employees and covered positions shall be subject to the provisions of title #e1 ,united ,states ,code4 7#d7 ,safeguards on grievances ,in carrying out this ,act1 the ,secretary shall take such actions as are necessary to provide an opportunity to each covered employee with a grievance or disciplinary action 7including an adverse action7 pending within ,,tsa on the date of enactment of this ,act or at any time during the transition period described in paragraph 7#c7 of this subsection to have such grievance removed to proceedings pursuant to title #e1 ,united ,states ,code1 or continued within ,,tsa4 7c7 ,transition rules 7#a7 ,nonreduction in pay and compensation ,under pay conversion rules as the ,secretary may prescribe to carry out this ,act1 a covered employee converted from a ,,tsa personnel management system to the provisions of title #e1 ,united ,states ,code1 pursuant to paragraph 7,d7 of subsection 7b77#c7 of this section shall not be subject to any reduction in the rate of adjusted basic pay payable1 or total compensation provided1 to such covered employee4 7#b7 ,preservation of other rights ,in the case of each covered employee as of the conversion date1 the ,secretary shall take any actions necessary to ensure that-- 7,a7 any annual leave1 sick leave1 or other paid leave accrued1 accumulated1 or otherwise available to a covered employee immediately before the conversion date shall remain available to the employee until used2 and 7,b7 the ,government share of any premiums or other periodic charges under chapter #hi of title #e1 ,united ,states ,code1 governing group health insurance shall remain at least the same as was the case immediately before the conversion date4 7#c7 ,,gao study on ,,tsa pay rates ,not later than the date that is #i months after the date of enactment of this ,act1 the ,comptroller ,general shall submit a report to ,congress on the differences in rates of pay1 classified by pay system1 between ,transportation ,security ,administration employees-- 7,a7 with duty stations in the contiguous #dh ,states2 and 7,b7 with duty stations outside of such ,states1 including those employees located in any territory or possession of the ,united ,states4 7#d7 ,rule of construction ,during the transition period and after the conversion date1 the ,secretary shall ensure that the ,transportation ,security ,administration continues to prevent the hiring of individuals who have been convicted of a sex crime1 an offense involving a minor1 a crime of violence1 or terrorism4 7d7 ,consultation requirement 7#a7 ,exclusive representative ,the labor organization certified by the ,federal ,labor ,relations ,authority on ,june #bi1 #bjaa1 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 #ddija of title #di1 ,united ,states ,code1 and shall be the exclusive representative for such personnel under chapter #ga of title #e1 ,united ,states ,code1 with full rights under such chapter4 ,any collective bargaining agreement covering such personnel on the date of enactment of this ,act shall remain in effect1 consistent with paragraph 7#d74 7#b7 ,consultation rights ,not later than #g days after the date of the enactment of this ,act1 the ,secretary shall consult with the exclusive representative for the personnel described in subsection 7a7 under chapter #ga of title #e1 ,united ,states ,code1 on the formulation of plans and deadlines to carry out the conversion of covered employees and covered positions under this ,act4 ,prior to the conversion date1 the ,secretary shall provide 7in writing7 to such exclusive representative the plans for how the ,secretary intends to carry out the conversion of covered employees and covered positions under this ,act1 including with respect to such matters as-- 7,a7 the anticipated conversion date2 and 7,b7 measures to ensure compliance with subsections 7b7 and 7c74 7#c7 ,required agency response ,if any views or recommendations are presented under paragraph 7#b7 by the exclusive representative1 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 taken4 7#d7 ,sunset provision ,the provisions of this section shall cease to be effective as of the conversion date4 ,,ii ,,law ,,enforcement ,,accountability ,,reforms ,a ,de-,escalation #bja4 ,de-escalation1 use of force1 and body-worn camera policy 7a7 ,in general ,subtitle ,a of title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq471 as amended by this ,act1 is further amended by adding at the end the following new sections3 #gai4 ,de-escalation and use of force 7a7 ,policy ,not later than #ahj days after the date of the enactment of this section1 the ,secretary1 acting through the ,under ,secretary for ,management1 in consultation with ,associate ,secretary1 shall update the ,department-wide policy issued on ,september #g1 #bjah1 on the use of force by law enforcement officers of the ,department to ensure that such officers use only the amount of force that is objectively reasonable in consideration of the facts and circumstances at issue to bring incidents under control effectively1 while also ensuring the safety of such officers and other individuals4 ,such updated policy shall set forth in a clear and consistent manner that de-escalation is preferred4 7b7 ,requirements ,the ,department-wide policy updated pursuant to subsection 7a7 shall require-- 7#a7 law enforcement officers of the ,department to complete initial and recurrent training in the full range of use of force tactics1 including the use of de-escalation2 7#b7 the head of each component of the ,department with such officers to-- 7,a7 designate an individual or individuals1 having subject matter expertise regarding use of force policy1 training1 and the application of use of force tactics1 including de-escalation tactics1 to be responsible for ensuring compliance with such updated policy2 and 7,b7 maintain a use of force review council or committee1 the members of which shall have subject matter expertise described in subparagraph 7,a7 to perform internal analysis of use of force incidents to-- 7i7 inform training and tactics and develop recommendations for improvements to policies and procedures2 and 7ii7 identify trends and lessons learned to be shared within the component and across the ,department2 7#c7 make recommendations with regard to1 or report deficiencies in1 training1 policies1 or procedures2 and 7#d7 maintain data regarding use of force within such component in accordance with subsection 7c74 7c7 ,reporting 7#a7 ,in general ,the ,associate ,secretary shall-- 7,a7 issue requirements for the head of each component of the ,department to collect and maintain data regarding the use of force within each such component necessary to publish the report required under subparagraph 7,b72 and 7,b7 publish1 every six months1 a report on the ,department's website containing1 to the extent possible-- 7i7 data regarding each incident during the previous six-month period in which lethal force was used by law enforcement officers of the ,department that-- 7,i7 is disaggregated by component2 and 7,,ii7 describes-- 7aa7 specific information on the region or jurisdiction in which each such incident occurred2 and 7bb7 the circumstances surrounding each such incident2 and 7ii7 a specification of whether a ,department officer or other individual was injured or killed in each such incident2 and 7,c7 in conjunction with the report required under subparagraph 7,b71 publish a summary of any reviews with respect to which1 during the previous six-month period1 final action was taken1 including a summary of the findings resulting from any such reviews and any findings relating to whether the uses of force contemplated by any such reviews complied with ,federal law and ,department-wide policy4 7#b7 ,privacy protection ,any information published pursuant to this subsection shall be presented in a manner that protects individual privacy4 7d7 ,office of inspector general ,the ,inspector ,general of the ,department shall on an ongoing basis review compliance with subsections 7a7 and 7c74 7e7 ,de-,escalation and use of force council 7#a7 ,in general ,the ,secretary of ,homeland ,security1 acting through the ,associate ,secretary1 shall maintain an intradepartmental council1 chaired by the ,under ,secretary for ,strategy1 ,policy1 and ,plans1 at which representatives from the following components and entities may share lessons learned1 best practices1 and trends regarding de-escalation and use of force policies1 training1 and oversight3 7,a7 ,the ,office of the ,under ,secretary for ,management4 7,b7 ,u4,s4 ,customs and ,border ,protection4 7,c7 ,the ,coast ,guard4 7,d7 ,the ,secret ,service4 7,e7 ,u4,s4 ,immigration and ,customs ,enforcement4 7,f7 ,the ,federal ,emergency ,management ,agency4 7,g7 ,the ,transportation ,security ,administration4 7,h7 ,the ,cybersecurity and ,infrastructure ,security ,agency4 7,i7 ,federal ,law ,enforcement ,training ,centers4 7,j7 ,the ,office of the ,general ,counsel4 7,k7 ,the ,office of ,civil ,rights and ,civil ,liberties4 7,l7 ,the ,privacy ,office4 7#b7 ,feedback ,the ,secretary shall develop mechanisms for appropriate stakeholders1 including labor organizations1 to provide feedback1 on an ongoing basis1 to the council regarding its sharing of lessons learned1 best practices1 and trends regarding de-escalation and use of force4 #gbj4 ,body-worn camera and dashboard cameras 7a7 ,strategy 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this section1 the ,secretary1 acting through the ,under ,secretary for ,management1 shall develop and disseminate a ,department-wide directive for requiring by ,december #ca1 #bjbb1 the use of body-worn cameras by all uniformed law enforcement officers of the ,department and dashboard cameras for all marked vehicles of the ,department and associated recording protocols4 7#b7 ,principles ,the ,department-wide directive required under paragraph 7#a7 shall consider principles published by major civil and human rights organizations regarding body-worn cameras and dashboard cameras and include the following3 7,a7 ,benchmarks for implementation of the use of body-worn cameras by uniformed law enforcement officers and dashboard cameras for marked vehicles of the ,department4 7,b7 ,training requirements1 procedures1 and best practices for the use of body-worn cameras and dashboard cameras4 7,c7 ,plans to publicize the directive and the requirements set forth in this section so that the workforce and other impacted individuals are notified of new policies1 in particular1 those regarding the retention and right to inspect body-worn camera footage4 7#c7 ,limited exception ,the directive required under paragraph 7#a7 shall not apply-- 7,a7 to any personnel who operate in a location where the ,secretary carries out redundant video-monitoring or video-surveillance that is maintained in good working order and that provides video footage of a quality that is the same or better than that which would be captured by a body-worn camera or dashboard camera2 7,b7 to any vehicle that serves as a mobile command vehicle1 and to any personnel therein2 7,c7 to any vehicle1 including any ,federal1 ,state1 local1 or rented vehicle1 that the ,secretary deploys in support of protective operations and to any law enforcement personnel therein while such personnel are engaged in such protective operations2 and 7,d7 in instances in which an immediate threat to the life or safety of a uniformed law enforcement officer of the ,department makes activating a body-worn camera or dashboard camera impossible or dangerous1 except that in such an instance such officer shall activate any such camera at the first reasonable opportunity to do so4 7b7 ,retention of footage 7#a7 ,in general ,body camera and dashboard camera video footage shall be retained by the law enforcement agency that employs the officer whose camera captured the footage1 or an authorized agent thereof1 for #f months after the date it was recorded1 after which time such footage shall be permanently deleted4 7#b7 ,additional retention requirements ,notwithstanding the retention and deletion requirements in paragraph 7#a7-- 7,a7 video footage shall be automatically retained for not less than #c years if the video footage captures an interaction or event involving-- 7i7 any use of force2 or 7ii7 an encounter about which a complaint has been registered by a subject of the video footage2 and 7,b7 body camera video footage shall also be retained for not less than #c years if a longer retention period is voluntarily requested by-- 7i7 the uniformed officer whose body camera recorded the video footage1 if that officer reasonably asserts the video footage has evidentiary or exculpatory value in an ongoing investigation2 7ii7 any uniformed officer who is a subject of the video footage1 if that officer reasonably asserts the video footage has evidentiary or exculpatory value2 7iii7 any superior officer of a uniformed officer whose body camera recorded the video footage or who is a subject of the video footage1 if that superior officer reasonably asserts the video footage has evidentiary or exculpatory value2 7iv7 any uniformed officer1 if the video footage is being retained solely and exclusively for police training purposes2 7v7 any member of the public who is a subject of the video footage2 7vi7 any parent or legal guardian of a minor who is a subject of the video footage2 or 7vii7 a deceased subject's spouse1 next of kin1 or legally authorized designee4 7#c7 ,right to inspect ,during the retention periods described in paragraphs 7#a7 and 7#b71 the following persons shall have the right to inspect1 but not retain or in any matter alter1 the body camera footage3 7,a7 ,any person who is a subject of body camera video footage1 and their designated legal counsel4 7,b7 ,a parent of a minor subject of body camera video footage1 and their designated legal counsel4 7,c7 ,the spouse1 next of kin1 or legally authorized designee of a deceased subject of body camera video footage1 and their designated legal counsel4 7,d7 ,a uniformed officer whose body camera recorded the video footage1 and their designated legal counsel1 subject to the limitations and restrictions in this part4 7,e7 ,the superior officer of a uniformed officer whose body camera recorded the video footage1 subject to the limitations and restrictions in this part4 7,f7 ,any defense counsel who claims1 pursuant to a written affidavit1 to have a reasonable basis for believing a video may contain evidence that exculpates a client4 7c7 ,periodic reporting 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this section and every #ahj days thereafter until the ,secretary submits the certification described in paragraph 7#b71 the ,under ,secretary for ,management 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 regarding progress on efforts to implement the ,department-wide directive described in subsection 7a74 7#b7 ,certification ,a certification described in this paragraph is a certification submitted by the ,secretary to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate that the ,department has fully implemented the directive described in subsection 7a74 #gba4 ,prohibited use of force 7a7 ,in general ,beginning on the date that is #ij days after the date of the enactment of this section1 a law enforcement officer of the ,department who intentionally uses a chokehold or carotid hold shall be subject to disciplinary review4 ,such officer may be subject to disciplinary action1 consistent with chapter #ge of title ,v1 including termination1 except in instances in which the use of such force is determined by the ,secretary ,associate ,secretary to be objectively reasonable under the circumstances4 7b7 ,definition ,in this section1 the terms chokehold and carotid hold mean the application of any pressure to the throat or windpipe1 the use of maneuvers that restrict blood or oxygen flow to the brain1 or carotid artery restraints that prevent or hinder breathing or reduce intake of air of an individual4 4 7b7 ,clerical amendments ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting at the end of the items relating to subtitle ,a of title ,,vii the following new items3 ,sec4 #gai4 ,de-escalation and use of force4 ,sec4 #gbj4 ,body-worn camera and dashboard cameras4 ,sec4 #gba4 ,prohibited use of force4 4 #bjb4 ,de-escalation training 7a7 ,in general ,subtitle ,h of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dea et seq47 is amended by adding at the end the following new section3 #hij;,c4 ,de-escalation training 7a7 ,department training ,not later than #ij days after the issuance of the updated ,department-wide policy pursuant to section #gai1 the ,associate ,secretary shall ensure that use of force training provided to law enforcement officers of the ,department appropriately emphasize de-escalation training to reflect such policy's preference for de-escalation4 7b7 ,state and local law enforcement training ,the ,associate ,secretary1 acting through the ,director of the ,federal ,law ,enforcement ,training ,center1 in consultation with the ,deputy ,assistant ,secretary for ,state and ,local ,law ,enforcement1 shall1 to the greatest extent practicable1 increase the availability of use of force training1 including de-escalation training1 in the training curriculum made available to ,state1 local1 ,tribal1 and territorial law enforcement officers4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #hij;,b the following new item3 ,sec4 #hij;,c4 ,de-escalation training4 4 #bjc4 ,less lethal tactics assessment 7a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 the ,associate ,secretary shall commission an assessment of written policies1 training1 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 security1 including border security1 and law enforcement4 ,such assessment shall1 if appropriate1 include any recommendations for changes with respect to such policies or training to improve the use of less lethal force tactics4 ,such assessment shall1 at a minimum1 consider the use of the following3 7#a7 ,oleoresin capsicum spray or any other fog or irritant dispensers for crowd control or disbursement4 7#b7 ,electronic control weapons that discharge electrical energy4 7#c7 ,compressed air launchers1 such as compressed-air powered1 shoulder-fired launchers that deliver less lethal projectiles4 7#d7 ,munition launchers that deliver an airburst flash bang effect4 7#e7 ,less-lethal specialty impact chemical munitions4 7#f7 ,controlled tire deflation devices4 7#g7 ,long range acoustic devices4 7#h7 ,other crowd control and disbursement tactics4 7b7 ,report ,the assessment required under subsection 7a7 shall be submitted to the ,secretary of ,homeland ,security not later than one year after the commencement of such assessment4 ,not later than #ij days after receipt of such assessment1 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 assessment1 together with the ,secretary's feedback on any recommendations contained therein4 #bjd4 ,requests relating to department of homeland security personnel or equipment 7a7 ,in general ,subtitle ,h of title ,,viii of the ,homeland ,security ,act of #bjjb1 as amended by this title1 is further amended by adding at the end the following new section3 #hij;,d4 ,requests relating to personnel or equipment ,the ,secretary shall provide notification to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate of the ,secretary's acceptance of a request to augment local law enforcement capabilities with the deployment of ,department personnel1 including law enforcement personnel1 unmanned aerial system operations1 or other equipment within #bd hours of such acceptance4 ,the notification requirement under this section shall not apply to ongoing or routine joint operations or assignments authorized under law1 including section #acjc of the ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg 7#f ,u4,s4,c4 #aaab74 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #hij;,c1 as added by this title1 the following new item3 ,sec4 #hij;,d4 ,requests relating to personnel or equipment4 4 #bje4 ,best practices to reduce incidents of excessive or unauthorized force 7a7 ,in general ,the ,associate ,secretary of the ,department of ,homeland ,security1 acting through the ,under ,secretary for ,science and ,technology of the ,department of ,homeland ,security1 shall research and recommend the adoption of evidence-based practices that1 when utilized by law enforcement officers of the ,department1 have the potential to reduce incidents of excessive or unauthorized force4 ,such practices shall be based on research that takes into account the degree to which the following factors potentially contribute to such incidents3 7#a7 ,gaps in training or staffing including those that may contribute to the delayed deployment of backup resources in the field4 7#b7 ,unconscious bias regarding race1 gender1 ethnicity1 or national origin or other psychological triggers4 7#c7 ,the level of racial1 gender1 and ethnic diversity within the workforce in which such law enforcement officer serves4 7#d7 ,stress or fatigue1 and related underlying causes4 7b7 ,report ,not later than one year after commencing the research described in subsection 7a71 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 subsection4 7c7 ,research partnerships ,to carry out subsection 7a71 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 #cjh7;b77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #ahh7;b77#b774 #bjf4 ,department of ,homeland ,security component insignia required 7a7 ,in general ,subtitle ,a of title ,,vii of the ,homeland ,security ,act of #bjjb1 as amended by this ,act1 is further amended by adding at the end the following new section3 #gbb4 ,department component insignia required 7a7 ,in general ,all uniformed law enforcement officers of the ,department who are required to display or wear the official insignia or uniform 7as such term is defined in section #gaf7;c77#c7 of title #ah1 ,united ,states ,code7 of the ,department or component1 as the case may be1 to perform the duties of such officer shall display or wear such official insignia or uniform in a manner that is visible to others when carrying out such duties1 including when deployed to augment ,state or local law enforcement capabilities4 7b7 ,exception ,the requirement under subsection 7a7 shall not apply in the case of a law enforcement officer of the ,department or a component of the ,department who is engaged in undercover or covert operations4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #gba1 as added by this title1 the following new item3 ,sec4 #gbb4 ,department component insignia required4 4 #bjg4 ,,fletc advisory board 7a7 ,in general ,pursuant to section #hga of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dea71 the ,associate ,secretary of ,homeland ,security shall establish an advisory committee to the ,federal ,law ,enforcement ,training ,centers 7,,fletc7 to advise and make recommendations on matters relating to the selection1 development1 content1 and delivery of training by ,,fletc4 7b7 ,membership ,the committee established pursuant to subsection 7a7 shall be comprised of #ai members who possess diverse expertise1 knowledge1 and experience in law enforcement training1 including at least one representative from each of the following3 7#a7 ,a national association representing major metropolitan police chiefs4 7#b7 ,rural police departments4 7#c7 ,african-,american police officers4 7#d7 ,hispanic police officers4 7#e7 ,tribal police officers4 7c7 ,responsibilities ,the committee shall provide advice and recommendations to ,,fletc on the following3 7#a7 ,training policy formulation4 7#b7 ,training needs for ,state1 local1 and ,tribal law enforcement officers1 including de-escalation training4 7#c7 ,training curriculum1 course content1 and evaluation4 7#d7 ,student admission1 performance1 testing1 and evaluation4 7d7 ,quorum2 meetings ,a quorum shall consist of a majority of members and the committee shall meet at least twice annually4 ,all committee meetings shall be open to the public and announced in advance in the ,federal ,register4 7e7 ,less than lethal force report ,the committee shall review the report required under section #bjc7;b7 and issue1 as appropriate1 recommendations to ,,fletc regarding changes in training based on such report4 #bjh4 ,department of ,homeland ,security support for the national network of fusion centers ,section #baj;,a of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #abd;h7 is amended-- 7#a7 in subsection 7b77#a71 by inserting 1 including relating to privacy1 civil rights1 and civil liberties training1 after advice and assistance2 7#b7 in subsection 7c71 by adding at the end the following new paragraph3 7#g7 ,privacy1 civil rights1 and civil liberties advisors ,the ,chief ,privacy ,officer of the ,department and the ,officer for ,civil ,rights and ,civil ,liberties of the ,department1 in coordination with the ,under ,secretary for ,intelligence and ,analysis shall1 to the maximum extent practicable1 assign personnel to assist the fusion centers that participate in the ,state1 ,local1 and ,regional ,fusion ,center ,initiative1 including employees of such fusion centers who are responsible for privacy1 civil rights1 and civil liberties efforts within such fusion centers4 2 7#c7 by redesignating subsections 7k7 and 7l7 as subsections 7n7 and 7o71 respectively2 and 7#d7 by inserting after subsection 7j7 the following new subsections3 7k7 ,self-,assessment 7#a7 ,in general ,not later than one year after the date of the enactment of this subsection1 the ,secretary shall disseminate to each fusion center participating in the ,state1 ,local1 and ,regional ,fusion ,center ,initiative and receiving a grant from the ,department guidance on conducting a self-assessment with respect to adherence to privacy1 civil rights1 and civil liberties protections to privacy1 civil rights1 and civil liberties polices1 including training4 ,not later than ,august #ca1 #bjbb1 and annually thereafter1 such fusion centers shall submit to the ,secretary such self-assessments4 7#b7 ,inspector general review ,not later than ,september #cj1 #bjbb1 and annually thereafter1 the ,under ,secretary for ,intelligence and ,analysis shall submit to the ,inspector ,general of the ,department the self-assessments submitted to the ,under ,secretary4 ,not later than #ij days after the receipt of the self-assessments1 and annually thereafter1 the ,inspector ,general shall review a representative sampling1 as determined by the ,inspector ,general1 of the policies1 practices1 and performance with respect to privacy1 civil rights1 and civil liberties of the fusion centers participating in the ,state1 ,local1 and ,regional ,fusion ,center ,initiative to determine such centers' adherence to privacy1 civil rights1 and civil liberties polices1 including training4 ,each such review shall take into consideration the self-assessments of the fusion centers so sampled and reviewed4 ,the ,inspector ,general shall annually rotate the fusion centers subject to such sampling and review1 and shall endeavor to sample and review fusion centers that are diverse with respect to the metropolitan areas1 ,states1 or regions in which such fusion centers operate4 7l7 ,comptroller general ,beginning on the date that is one year after the date of the enactment of this subsection1 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 technologies1 including facial recognition1 artificial intelligence1 and machine learning1 by fusion centers participating in the ,state1 ,local1 and ,regional ,fusion ,center ,initiative1 and the effects of such technologies on the privacy1 civil rights1 and civil liberties of the ,american public4 ,each such review shall evaluate not fewer than-- 7#a7 three such fusion centers that serve high-risk urban areas 7as such term is defined in section #bjjc72 and 7#b7 two ,state fusion centers4 4 ,b ,securing of ,firearms and other ,sensitive ,assets #bba4 ,definitions ,in this title3 7#a7 ,department ,the term ,department means the ,department of ,homeland ,security4 7#b7 ,lost ,the term lost includes loss by theft4 7#c7 ,sensitive assets ,the term sensitive assets has the meaning given such term in section #gja1 as amended by section #bbb of this ,act4 7#d7 ,under secretary for management ,the term ,under ,secretary for ,management means the ,under ,secretary for ,management of the ,department4 #bbb4 ,inclusion of securing firearms and other sensitive assets in responsibilities of ,under ,secretary for ,management ,section #gja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda7 is amended-- 7#a7 in subsection 7a77#f71 by inserting 7including firearms and other sensitive assets7 after equipment2 7#b7 by redesignating the second subsection 7e7 7relating to the definition of interoperable communications7 as subsection 7f72 and 7#c7 by amending such redesignated subsection 7f7 to read as follows3 7f7 ,definitions ,in this section3 7#a7 ,interoperable communications ,the term interoperable communications has the meaning given such term in section #gcjc7;g7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#f ,u4,s4,c4 #aid7;g774 7#b7 ,sensitive assets ,the term sensitive assets means any asset1 regardless of value-- 7,a7 that the ,department issues to a ,department employee2 and 7,b7 that either the ,under ,secretary for ,management or a component head determines requires special control and accounting4 4 #bbc4 ,management directive 7a7 ,safeguarding firearms and sensitive assets directive 7#a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 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 ,department4 7#b7 ,contents ,the ,department-wide directive required under subsection 7a7 shall1 at a minimum1 include the following3 7,a7 ,descriptions of what equipment1 in addition to firearms1 is classified as a sensitive asset for the purpose of carrying out this ,act4 7,b7 ,requirements for securing ,department-issued firearms and other sensitive assets4 7,c7 ,a classification system for all categories of ,department-issued badges and corresponding requirements for safeguarding such assets4 7,d7 ,reporting requirements for lost firearms and other sensitive assets1 including timelines for such reporting1 to supervisors1 local law enforcement1 the ,federal ,bureau of ,investigation's ,national ,crime ,information ,center1 and ,department headquarters4 7,e7 ,recordkeeping requirements for lost firearms and other sensitive assets in inventory systems1 including a timeline for recording such losses4 7#c7 ,review and update of directive ,not later than one year after the issuance of the directive required under subsection 7a71 the ,under ,secretary for ,management shall review and update1 as necessary1 such directive1 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 component4 7b7 ,personal property asset management program manual ,together with the issuance of the directive required under subsection 7a71 the ,under ,secretary for ,management shall disseminate a revised version of the ,personal ,property ,asset ,management ,program ,manual that includes the following3 7#a7 ,requirements for component heads to develop procedures to safeguard firearms and other sensitive assets during on and off-duty time4 7#b7 ,requirements for the issuance of safety locking devices and policies on the use of such assets1 as applicable4 7#c7 ,requirements for initial1 recurrent1 and remedial training on safeguarding such assets4 7#d7 ,examples1 with detail1 of how to report and record lost sensitive assets across components of the ,department1 and an enforcement mechanism to ensure supervisors maintain such records4 7#e7 ,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 loss1 including information on adherence to safeguarding procedures4 #bbd4 ,component responsibilities ,department component heads shall-- 7#a7 comply with ,federal law1 ,federal regulations1 executive branch guidance1 and ,department policy1 including directives required by this ,act1 relating to the management and oversight of securing firearms and other sensitive assets2 7#b7 review the need for non-law enforcement badges2 7#c7 require component personnel to safeguard firearms and other sensitive assets in accordance with the directive issued by the ,under ,secretary for ,management under section #bbc2 7#d7 require that component personnel adhere to the procedures and timelines for properly reporting to supervisors lost firearms and other sensitive assets2 7#e7 require that lost firearms and other sensitive assets are reported to local law enforcement1 the ,federal ,bureau of ,investigation's ,national ,crime ,information ,center1 and ,department headquarters in the timeframe established in such directive2 and 7#f7 require that lost firearms and other sensitive assets are recorded in inventory systems in the timeframe established by such directive4 #bbe4 ,personal property asset management ,inspector ,general review ,the ,inspector ,general of the ,department shall1 on an ongoing basis1 review implementation of this ,act and1 not later than #ahj days after issuance of the ,department-wide directive required under section #bbc1 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 directive1 including an assessment of the adequacy of such directive1 as well as the level of compliance among the components of the ,department to achieve adequate security of sensitive assets across ,department components4 ,c ,federal ,law ,enforcement ,training ,centers #bca4 ,,fletc research and development ,the ,director of the ,federal ,law ,enforcement ,training ,centers 7,,fletc71 in coordination with the ,under ,secretary for ,science and ,technology of the ,department of ,homeland ,security1 shall conduct research and development of a technology to enhance participation rates in training offered to ,state1 local1 and ,tribal communities1 with particular attention to rural or remote communities1 for the purpose of enhancing domestic preparedness for and collective response to terrorism and other homeland security threats4 #bcb4 ,reporting on basic training programs of the ,department of ,homeland ,security 7a7 ,annual reporting 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act and annually thereafter1 the ,secretary of ,homeland ,security1 acting through the ,under ,secretary for ,management of the ,department of ,homeland ,security1 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 ,department1 including information relating to the following3 7,a7 ,the date on which each such program achieved initial accreditation1 or in the case of a program that is not currently accredited1 the reasons for not obtaining or maintaining accreditation1 the activities1 if any1 taken to achieve accreditation1 and an anticipated timeline for accreditation of such program4 7,b7 ,the date each such program most recently received accreditation or reaccreditation1 if applicable4 7,c7 ,each such program's anticipated accreditation or next reaccreditation date4 7,d7 ,the name of the accreditation manager for each such program4 7#b7 ,termination of reporting requirement ,annual reports under paragraph 7#a7 shall terminate when all basic training programs of the ,department of ,homeland ,security are accredited4 7b7 ,lapse in accreditation 7#a7 ,in general ,if a basic training program of the ,department of ,homeland ,security loses accreditation1 the head of the relevant component of the ,department shall notify the ,under ,secretary for ,management of the ,department not later than #cj days after such loss4 7#b7 ,notice to congress ,not later than #fj days after receiving a notification pursuant to subsection 7a71 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 accreditation1 the reason for such lapse1 and the activities underway and planned to regain accreditation4 7c7 ,definitions ,in this section3 7#a7 ,accreditation ,the term accreditation means the recognition by a board that a basic training program is administered1 developed1 and delivered according to an applicable set of standards4 7#b7 ,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 program4 7#c7 ,basic training program ,the term basic training program means an entry level program that is transitional to law enforcement service1 provides training on critical competencies and responsibilities1 and is typically a requirement for appointment to a law enforcement service job or job series4 7#d7 ,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 standards4 ,,iii ,,acquisition ,,reforms ,a ,authorities #cja4 ,definitions 7a7 ,in general ,subtitle ,d of title ,,viii of the ,homeland ,security ,act of #bjjb is amended by inserting before section #hca the following new section3 #hcj4 ,definitions ,in this subtitle3 7#a7 ,the term acquisition has the meaning given such term in section #aca of title #da1 ,united ,states ,code4 7#b7 ,the term acquisition decision authority means the authority1 held by the ,secretary acting through the ,under ,secretary for ,management to-- 7,a7 ensure compliance with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives2 7,b7 review 7including approving1 pausing1 modifying1 or canceling7 an acquisition program through the life cycle of such program2 7,c7 ensure that acquisition program managers have the resources necessary to successfully execute an approved acquisition program2 7,d7 ensure appropriate acquisition program management of cost1 schedule1 risk1 and system performance of the acquisition program at issue1 including assessing acquisition program baseline breaches and directing any corrective action for such breaches2 and 7,e7 ensure that acquisition program managers1 on an ongoing basis1 monitor cost1 schedule1 and performance against established baselines and use tools to assess risks to an acquisition program at all phases of the life cycle of such program to avoid and mitigate acquisition program baseline breaches4 7#c7 ,the term acquisition decision event1 with respect to an acquisition program1 means a predetermined point within the acquisition lifecycle at which the acquisition decision authority determines whether such acquisition program shall proceed to the next acquisition phase4 7#d7 ,the term acquisition decision memorandum1 with respect to an acquisition1 means the official documented record of decisions1 including the rationale for the decisions and any assigned actions for such acquisition1 as determined by the person exercising acquisition decision authority for such acquisition4 7#e7 ,the term acquisition program means the process by which the ,department acquires1 with any appropriated amounts or fee funding1 by contract for purchase or lease1 property or services 7including construction7 that support the missions and goals of the ,department4 7#f7 ,the term acquisition program baseline1 with respect to an acquisition program1 means a summary of the cost1 schedule1 and performance parameters1 expressed in standard1 measurable1 quantitative terms1 which must be met in order to accomplish the goals of such program4 7#g7 ,the term best practices1 with respect to acquisition1 means a knowledge-based approach to capability development that includes the following3 7,a7 ,identifying and validating needs4 7,b7 ,assessing alternatives to select the most appropriate solution4 7,c7 ,clearly establishing well-defined requirements4 7,d7 ,developing realistic cost estimates and schedules that account for the entire life cycle of an acquisition4 7,e7 ,securing stable funding that matches resources to requirements before initiating development4 7,f7 ,demonstrating technology1 design1 and manufacturing maturity before initiating production4 7,g7 ,using milestones and exit criteria or specific accomplishments that demonstrate the attainment of knowledge to support progress4 7,h7 ,regularly assessing and managing risks to achieving requirements and cost and schedule goals4 7,i7 ,adopting and executing standardized processes with known success across programs4 7,j7 ,establishing an adequate workforce that is qualified and sufficient to perform necessary functions4 7,k7 ,integrating the capabilities described in subparagraphs 7,a7 through 7,j7 into the ,department's mission and business operations4 7#h7 ,the term breach1 with respect to a major acquisition program1 means a failure to meet any cost1 schedule1 or performance threshold specified in the most recently approved acquisition program baseline4 7#i7 ,the term congressional homeland security committees means-- 7,a7 the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,appropriations of the ,house of ,representatives and of the ,senate4 7#aj7 ,the term ,component ,acquisition ,executive means the senior acquisition official within a component who is designated in writing by the ,under ,secretary for ,management1 in consultation with the component head4 7#aa7 ,the term life cycle cost means the total ownership cost of an acquisition1 including all relevant costs related to acquiring1 deploying1 operating1 maintaining1 and disposing of the system1 project1 or product over a specified period of time4 7#ab7 ,the term major acquisition program means a ,department capital asset1 services1 or hybrid acquisition program that is estimated by the ,secretary to require an eventual total expenditure of at least #cjj1jjj1jjj 7based on fiscal year #bjbj constant dollars7 over its life cycle or a program identified by the ,chief ,acquisition ,officer as a program of special interest4 7#ac7 ,the term non-major acquisition program means a ,department capital asset1 services1 or hybrid acquisition program that is estimated by the ,secretary to require an eventual total expenditure of less than #cjj1jjj1jjj 7based on fiscal year #bjbj constant dollars7 over its life cycle4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is further amended by inserting before the item relating to section #hca the following new item3 #hcj4 ,definitions4 4 #cjb4 ,acquisition authorities for ,office of ,program ,accountability and ,risk ,management 7a7 ,in general ,subtitle ,a of title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq471 as amended by this ,act1 is further amended by adding at the end the new section following3 #gbc4 ,office of ,program ,accountability and ,risk ,management 7a7 ,establishment of office ,within the ,management ,directorate1 there shall be a ,program ,accountability and ,risk ,management office to-- 7#a7 provide consistent accountability1 standardization1 and transparency of acquisition programs of the ,department2 7#b7 serve as the central oversight function for the ,department's acquisition portfolio2 and 7#c7 provide review and analysis of ,department acquisition programs1 as appropriate4 7b7 ,responsibilities of executive director ,the ,program ,accountability and ,risk ,management office shall be led by an ,executive ,director to oversee the requirements specified in subsection 7a74 ,the ,executive ,director shall report directly to the ,under ,secretary for ,management1 and shall carry out the following responsibilities3 7#a7 ,monitor regularly the progress of ,department major acquisition programs between acquisition decision events to identify problems with cost1 performance1 or schedule that components may need to address to prevent cost overruns1 performance issues1 or schedule delays4 7#b7 ,assist the ,under ,secretary for ,management in managing the ,department's acquisition programs1 acquisition workforce1 and related activities4 7#c7 ,conduct oversight of individual acquisition programs to implement ,department acquisition program policy1 procedures1 and guidance with a priority on ensuring the data the office collects and maintains from ,department components is accurate and reliable4 7#d7 ,serve as the focal point and coordinator for the acquisition life cycle review process and as the executive secretariat for the ,department's ,acquisition ,review ,board4 7#e7 ,advise the persons having acquisition decision authority in making acquisition decisions consistent with all applicable laws and in establishing clear lines of authority1 accountability1 and responsibility for acquisition decision making within the ,department4 7#f7 ,assess the results of major acquisition programs' post-implementation reviews and identify opportunities to improve performance throughout the acquisition process and across the ,department's acquisition portfolio4 7#g7 ,provide technical support and assistance to ,department acquisition programs and acquisition personnel4 7#h7 ,assist1 as appropriate1 with the preparation of the ,future ,years ,homeland ,security ,program4 7#i7 ,prepare and submit the ,congressional ,acquisition ,progress ,report for the ,department1 as required under section #hdj4 7#aj7 ,in coordination with the ,component ,acquisition ,executives1 maintain the ,master ,acquisition ,oversight ,list that shall serve as an inventory of all major and non-major acquisition programs within the ,department4 ,the inventory shall be updated quarterly and include1 at a minimum1 the following information for each program3 7,a7 ,component sponsoring the acquisition4 7,b7 ,name of the acquisition4 7,c7 ,acquisition level as determined by the program's anticipated life cycle cost 7as such term is defined in section #hcj7 and other criteria pursuant to the ,department-level acquisition policy4 7,d7 ,acquisition decision authority for the acquisition4 7,e7 ,current acquisition phase4 7c7 ,responsibilities of components ,each head of a component shall comply with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives established by the ,under ,secretary for ,management1 and shall carry out the following responsibilities3 7#a7 ,establish an organizational structure for conducting acquisitions within the component1 to be managed by a ,component ,acquisition ,executive1 and obtain the resources necessary to operate such an organizational structure that are aligned with the number1 type1 size1 and complexity of the acquisition programs of the component4 7#b7 ,oversee sustainment of capabilities deployed by major and non-major acquisition programs once all planned deployments are completed until such capabilities are retired or replaced4 7d7 ,responsibilities of component acquisition executives ,the ,component ,acquisition ,executive is responsible for overseeing all acquisition related activities within the component and1 as such1 shall carry out the following functions3 7#a7 ,establish and implement policies and guidance for managing and conducting oversight for major and non-major acquisition programs within the component that comply with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives established by the ,under ,secretary for ,management4 7#b7 ,ensure acquisition documentation is complete and demonstrates the critical thinking required for successful program execution prior to final approval4 7#c7 ,exercise the acquisition decision authority 7as such term is defined in section #hcj7 to approve1 pause1 modify 7including the rescission of approvals of program milestones71 or cancel non-major acquisition programs and major acquisition programs when delegated by the ,under ,secretary for ,management pursuant to section #gja7;d77#c74 7#d7 ,review1 oversee1 and direct activities between acquisition decision events for major acquisition programs within the component for which the ,under ,secretary for ,management is the acquisition decision authority4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is further amended by inserting after the item relating to section #gbb1 as added by this ,act1 the following new items3 ,sec4 #gbc4 ,office of ,program ,accountability and ,risk ,management4 4 #cjc4 ,acquisition authorities for technical support offices 7a7 ,in general ,subtitle ,d of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq47 is amended by adding at the end the following new section3 #hcf4 ,technical support offices 7a7 ,office of test and evaluation 7#a7 ,establishment of office ,within the ,department1 there shall be an ,office of ,test and ,evaluation to-- 7,a7 provide test and evaluation support across the ,department2 and 7,b7 serve as the liaison with other ,federal agencies1 foreign1 ,tribal1 ,state1 and local governments2 the private sector2 educational institutions2 and other entities with regards to test and evaluation matters4 7#b7 ,responsibilities of director ,the ,office of ,test and ,evaluation shall be led by a ,director to oversee the requirements specified in paragraph 7#a7 and to carry out the following responsibilities3 7,a7 ,establish and update as necessary test and evaluation policies1 procedures1 and guidance for the ,department4 7,b7 ,ensure1 in coordination with relevant component heads1 that major acquisition programs-- 7i7 complete reviews of operational requirements to ensure the requirements are informed by threats1 including physical and cyber threats1 and are measurable1 testable1 and achievable within the constraints of cost and schedule2 7ii7 complete independent testing and evaluation of technologies and systems throughout development2 7iii7 complete operational testing and evaluation that includes all system components and incorporates operators into the testing to ensure that systems meet the mission need as intended in the appropriate operational setting2 7iv7 use independent verification and validation of test and evaluation implementation and results1 as appropriate2 and 7v7 document whether such programs meet all operational requirements4 7,c7 ,provide oversight of test and evaluation for the ,department's major acquisition programs throughout the acquisition life cycle by-- 7i7 approving program test and evaluation master plans1 plans for individual test and evaluation events1 and other related documentation1 as deemed appropriate by the ,director2 7ii7 approving the independent test and evaluation agent or third-party tester selected for each program2 and 7iii7 providing an independent assessment to the acquisition decision authority that assesses a program's progress in meeting operational requirements and operational effectiveness1 suitability1 and resilience to inform production and deployment decisions4 7,d7 ,determine if testing conducted by other ,federal departments and agencies1 private or third-party entities1 and educational institutions is relevant and sufficient in determining whether systems perform as intended4 7#c7 ,annual report ,within one year of the date of enactment of this ,act1 and each year thereafter1 the ,director of the ,office of ,test and ,evaluation shall prepare a report summarizing the test and evaluation activities of the ,department's major acquisition programs during the preceding fiscal year4 ,each report shall be submitted in unclassified form but may include a classified annex4 ,each report shall-- 7,a7 be submitted concurrently to the ,secretary1 ,under ,secretary for ,management1 the component heads1 and the congressional homeland security committees 7as such term is defined in section #hcj72 7,b7 summarize the adequacy of any test and evaluation activities conducted for each major acquisition program in the fiscal year1 including the assessment of results in demonstrating progress against program operational requirements and determination of operational effectiveness1 suitability1 and resilience2 7,c7 assess the waivers of and deviations from program test and evaluation plans that occurred during the fiscal year1 any concerns raised by the waivers or deviations1 and the actions that have been taken or are planned to be taken to address the concerns2 and 7,d7 include any other comments and recommendations deemed appropriate1 including comments and recommendations on resources and facilities available for test and evaluation and levels of funding made available for test and evaluation activities4 7b7 ,office of systems engineering and standards 7#a7 ,establishment of office ,within the ,department1 there shall be an ,office of ,systems ,engineering and ,standards to-- 7,a7 provide systems engineering1 standards1 and human systems integration support across the ,department2 and 7,b7 serve as the liaison with other ,federal agencies1 foreign1 ,tribal1 ,state1 and local governments2 the private sector2 educational institutions2 and other entities with regards to systems engineering1 standards1 and human systems integration matters4 7#b7 ,responsibilities of director ,the ,office of ,systems ,engineering and ,standards shall be led by a ,director to oversee the requirements specified in subsection 7#a7 and to carry out the following responsibilities3 7,a7 ,establish and update as necessary systems engineering1 standards1 and human systems integration policies1 procedures1 and guidance for the ,department4 7,b7 ,ensure1 in coordination with relevant component heads1 that major acquisition programs-- 7i7 integrate applicable standards into development specifications2 and 7ii7 complete systems engineering reviews and technical assessments during development to inform production and deployment decisions4 7,c7 ,provide oversight of systems engineering1 standards1 and human systems integration for the ,department's major acquisition programs throughout the acquisition life cycle by-- 7i7 approving program systems engineering lifecycle tailoring plans2 and 7ii7 providing independent assessments1 in coordination with the ,office of the ,chief ,information ,officer as appropriate1 of a program's technical approach1 and any significant changes to the technical approach1 to inform key acquisition decisions1 such as initiating development2 and 7iii7 participating in program systems engineering lifecycle technical reviews4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is further amended by inserting after the item relating to section #hce1 as added by this ,act1 the following new items3 ,sec4 #hcf4 ,technical support offices4 4 #cjd4 ,acquisition authorities for ,under ,secretary for ,management ,section #gja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda7 is amended by-- 7#a7 in subsection 7a77#b71 inserting and acquisition management after procurement2 7#b7 redesignating subsection 7d71 the first subsection 7e7 7relating to the system for award management consultation71 and the second subsection 7e7 7relating to the definition of interoperable communications7 as subsections 7e71 7f71 and 7g71 respectively2 and 7#c7 inserting after subsection 7c7 the following new subsection3 7d7 ,acquisition and related responsibilities 7#a7 ,in general ,notwithstanding section #agjb7;a7 of title #da1 ,united ,states ,code1 the ,under ,secretary for ,management is the ,chief ,acquisition ,officer of the ,department4 ,as ,chief ,acquisition ,officer1 the ,under ,secretary shall have the authorities and perform the functions specified in such section #agjb7;b71 and perform all other functions and responsibilities delegated by the ,secretary or described in this subsection4 7#b7 ,functions and responsibilities ,in addition to the authorities and functions specified in section #agjb7;b7 of title #da1 ,united ,states ,code1 the functions and responsibilities of the ,under ,secretary for ,management related to acquisition 7as such term is defined in section #hcj7 include the following3 7,a7 ,advising the ,secretary regarding acquisition management activities1 taking into account risks of failure to achieve cost1 schedule1 or performance parameters1 to ensure that the ,department achieves its mission through the adoption of widely accepted program management best practices 7as such term is defined in section #hcj7 and standards and1 where appropriate1 acquisition innovation best practices4 7,b7 ,leading the ,department's acquisition oversight body1 the ,acquisition ,review ,board1 and synchronizing interagency coordination regarding the ,department's acquisition programs and acquisition management efforts4 7,c7 ,exercising the acquisition decision authority 7as such term is defined in section #hcj7 to approve1 pause1 modify 7including the rescission of approvals of program milestones71 or cancel major acquisition programs 7as such term is defined in section #hcj71 unless the ,under ,secretary delegates such authority to a ,component ,acquisition ,executive 7as such term is defined in section #hcj7 pursuant to paragraph 7#c74 7,d7 ,providing additional scrutiny and oversight for an acquisition that is not a major acquisition if-- 7i7 the acquisition is for a program that is important to departmental strategic and performance plans2 7ii7 the acquisition is for a program with significant program or policy implications2 and 7iii7 the ,secretary determines that such scrutiny and oversight for the acquisition is proper and necessary4 7,e7 ,establishing policies for acquisition that implement an approach that takes into account risks of failure to achieve cost1 schedule1 or performance parameters that all components of the ,department shall comply with1 including outlining relevant authorities for program managers to effectively manage acquisition programs 7as such term is defined in section #hcj74 7,f7 ,ensuring that each major acquisition program has a ,department-approved acquisition program baseline 7as such term is defined in section #hcj71 pursuant to the ,department's acquisition management policy1 that is traceable to the program's life cycle cost estimate1 integrated master schedule1 and operational requirements4 7,g7 ,assisting the heads of components and ,component ,acquisition ,executives in efforts to comply with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives4 7,h7 ,ensuring that contracts1 grants1 and financial assistance are provided only to individuals and organizations that are not suspended or debarred4 7,i7 ,distributing guidance throughout the ,department to ensure that contractors involved in acquisitions1 particularly contractors that access the ,department's information systems and technologies1 adhere to relevant ,department policies related to physical and information security as identified by the ,under ,secretary for ,management4 7,j7 ,overseeing the ,component ,acquisition ,executive organizational structure to ensure ,component ,acquisition ,executives have sufficient capabilities and comply with ,department acquisition policies4 7,k7 ,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 resources4 7#c7 ,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 asset1 services1 or hybrid acquisition program that has a life cycle cost estimate of at least #cjj1jjj1jjj but not more than #a1jjj1jjj1jjj if all of the following requirements are met3 7,a7 ,the component concerned possesses working policies1 processes1 and procedures that are consistent with ,department-level acquisition policy4 7,b7 ,the ,component ,acquisition ,executive concerned has adequate1 experienced1 and dedicated professional employees with program management training1 as applicable1 commensurate with the size of the acquisition programs and related activities delegated to such ,component ,acquisition ,executive by the ,under ,secretary for ,management4 7,c7 ,each major acquisition program concerned has written documentation showing that it has a ,department-approved acquisition program baseline and it is meeting agreed-upon cost1 schedule1 and performance thresholds4 7#d7 ,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 ,department4 ,nothing in this subsection shall diminish the authority granted to the ,under ,secretary for ,science and ,technology under this ,act4 4 #cje4 ,acquisition authorities for ,under ,secretary for ,strategy1 ,policy1 and ,plans ,subsection 7c7 of section #gji of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdi7 is amended by-- 7#a7 redesignating paragraphs 7#d7 through 7#g7 as 7#e7 through 7#h71 respectively2 and 7#b7 inserting after paragraph 7#c7 the following new paragraph3 7#d7 ensure acquisition programs 7as such term is defined in section #hcj7 support the ,,dhs ,quadrennial ,homeland ,security ,review ,report1 the ,,dhs ,strategic ,plan1 the ,,dhs ,strategic ,priorities1 and other appropriate successor documents2 4 #cjf4 ,acquisition authorities for ,chief ,information ,officer ,section #gjc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdc7 is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7c72 and 7#b7 by inserting after subsection 7a7 the following new subsection3 7b7 ,acquisition responsibilities ,in addition to the responsibilities specified in section #aacae of title #dj1 ,united ,states ,code1 the acquisition responsibilities of the ,chief ,information ,officer1 in consultation with the ,under ,secretary for ,management1 shall include the following3 7#a7 ,overseeing the management of the ,homeland ,security ,enterprise ,architecture and ensuring that1 before each acquisition decision event 7as such term is defined in section #hcj71 information technology aspects of acquisition programs comply with any departmental information technology management requirements1 security protocols1 and the ,homeland ,security ,enterprise ,architecture1 and in any case in which information technology aspects of acquisitions do not comply with the ,department's management directives1 making recommendations to the ,department's ,acquisition ,review ,board regarding such noncompliance4 7#b7 ,providing recommendations to the ,acquisition ,review ,board regarding information technology programs1 and developing information technology acquisition strategic guidance4 4 ,b ,requirements and ,oversight #cba4 ,acquisition documentation 7a7 ,in general ,subtitle ,d of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq47 is amended by adding at the end the following new section3 #hcg4 ,acquisition documentation 7a7 ,in general ,for each major acquisition program1 the ,secretary1 acting through the ,under ,secretary for ,management1 shall require the head of a relevant component or office to-- 7#a7 maintain acquisition documentation that is complete1 accurate1 timely1 and valid1 and that includes1 at a minimum-- 7,a7 operational requirements that are validated consistent with departmental policy2 7,b7 a complete life cycle cost estimate with supporting documentation2 7,c7 verification of such life cycle cost estimate against independent cost estimates1 and reconciliation of any differences2 7,d7 a cost-benefit analysis with supporting documentation2 7,e7 an integrated master schedule with supporting documentation2 7,f7 plans for conducting systems engineering reviews and test and evaluation activities throughout development to support production and deployment decisions2 7,g7 an acquisition plan that outlines the procurement approach1 including planned contracting vehicles2 7,h7 a logistics and support plan for operating and maintaining deployed capabilities until they are disposed of or retired2 and 7,i7 an acquisition program baseline 7as such term is defined in section #hcj7 that is traceable to the program's operational requirements required under 7a71 life cycle cost estimate required under 7b71 and integrated master schedule required under 7e72 7#b7 prepare cost estimates and schedules for major acquisition programs1 as required under subparagraphs 7,b7 and 7,e71 in a manner consistent with best practices as identified by the ,comptroller ,general of the ,united ,states2 7#c7 ensure any revisions to the acquisition documentation maintained pursuant to subsection 7a77#a7 are reviewed and approved in accordance with departmental policy2 and 7#d7 submit certain acquisition documentation to the ,under ,secretary for ,management to inform submission to ,congress of an annual progress report on the ,department's acquisitions as required by section #hdj of the ,homeland ,security ,act of #bjjb as amended4 7b7 ,waiver ,on a case-by-case basis with respect to any major acquisition program under this section1 the ,secretary may waive the requirement under paragraph 7#d7 of subsection 7a7 for a fiscal year if either-- 7#a7 such program has not-- 7,a7 entered the full rate production phase in the acquisition lifecycle2 7,b7 had a reasonable cost estimate established2 and 7,c7 had a system configuration defined fully2 or 7#b7 such program does not meet the definition of capital asset1 as such term is defined by the ,director of the ,office of ,management and ,budget4 7c7 ,congressional oversight ,at the same time the ,president's budget is submitted for a fiscal year under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,secretary shall make information available1 as applicable1 to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate regarding the requirement described in subsection 7a7 in the prior fiscal year that includes the following specific information regarding each major acquisition program for which the ,secretary has issued a waiver under subsection 7b73 7#a7 ,the grounds for granting a waiver for such program4 7#b7 ,the projected cost of such program4 7#c7 ,the proportion of a component's or office's annual acquisition budget attributed to such program1 as available4 7#d7 ,information on the significance of such program with respect to the component's or office's operations and execution of its mission4 7d7 ,major acquisition program defined ,in this section1 the term major acquisition program means a ,department capital asset1 services1 or hybrid acquisition program that is estimated by the ,secretary to require an eventual total expenditure of at least #cjj million 7based on fiscal year #bjbj constant dollars7 over its lifecycle or a program identified by the ,chief ,acquisition ,officer as a program of special interest4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is further amended by adding after the item relating to section #hcf the following new item3 ,sec4 #hcg4 ,acquisition documentation4 4 #cbb4 ,acquisition review board 7a7 ,in general ,subtitle ,d of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cia et seq47 is amended by adding at the end the following new section3 #hch4 ,acquisition review board 7a7 ,in general ,the ,secretary shall establish an ,acquisition ,review ,board 7in this section referred to as the ,board7 to-- 7#a7 strengthen accountability and uniformity within the ,department acquisition review process2 7#b7 review acquisition programs2 and 7#c7 review the use of best practices4 7b7 ,composition 7#a7 ,chair ,the ,under ,secretary for ,management shall serve as chair of the ,board4 7#b7 ,participation ,the ,secretary shall ensure participation by other relevant ,department officials with responsibilities related to acquisitions as permanent members of the ,board4 7#c7 ,oversight ,the ,under ,secretary for ,management shall designate a full time employee of the ,department to oversee the operations of the ,board4 7c7 ,meetings ,the ,board shall meet regularly for purposes of ensuring all acquisitions processes proceed in a timely fashion to achieve mission readiness4 ,the ,board shall convene at the ,secretary's discretion and at any time-- 7#a7 a new acquisition program is initiated2 7#b7 a major acquisition program-- 7,a7 requires authorization to proceed from one acquisition decision event to another throughout the acquisition life cycle2 7,b7 is in breach 7as such term is defined in section #hcj72 or 7,c7 requires additional review1 as determined by the ,under ,secretary for ,management2 or 7#c7 a non-major acquisition program requires review1 as determined by the ,under ,secretary for ,management4 7d7 ,responsibilities ,the responsibilities of the ,board are as follows3 7#a7 ,determine the appropriate acquisition level and acquisition decision authority for new acquisition programs based on the estimated eventual total expenditure to meet the mission need over the acquisition's life cycle regardless of funding source4 7#b7 ,determine whether a proposed acquisition has met the requirements of key phases of the acquisition life cycle framework and is able to proceed to the next phase and eventual full production and deployment4 7#c7 ,oversee whether a proposed acquisition's business strategy1 resources1 management1 and accountability is executable and is aligned to strategic initiatives4 7#d7 ,support the person with acquisition decision authority for an acquisition in determining the appropriate direction for such acquisition at key acquisition decision events4 7#e7 ,conduct systematic reviews of acquisitions to ensure that such acquisitions are progressing in compliance with the most recently approved documents for their current acquisition phases4 7#f7 ,review the acquisition documents of each major acquisition program1 including the acquisition program baseline and documentation reflecting consideration of tradeoffs among cost1 schedule1 and performance objectives1 to ensure the reliability of underlying data4 7#g7 ,ensure that practices are adopted and implemented to require consideration of trade-offs among cost1 schedule1 and performance objectives as part of the process for developing requirements for major acquisition programs prior to the initiation of the second acquisition decision event1 including1 at a minimum1 the following practices3 7,a7 ,department officials responsible for acquisition1 budget1 and cost estimating functions are provided with the appropriate opportunity to develop estimates and raise cost and schedule matters before performance objectives are established for capabilities when feasible4 7,b7 ,full consideration is given to possible trade-offs among cost1 schedule1 and performance objectives for each alternative4 7e7 ,documentation and reporting ,the chair of the ,board shall-- 7#a7 ensure that all activities and decisions made pursuant to the ,board's responsibilities in subsection 7d7 are documented in acquisition decision memorandum that includes1 at a minimum-- 7,a7 a summary of the ,board's activity or purpose for convening2 7,b7 the decision resulting from the ,board's activity2 7,c7 the rationale for the decision1 including justification for any decisions made to allow acquisition programs to deviate from the ,department's acquisition management policy2 and 7,d7 any assigned items for further action2 and 7#b7 within #g days after the acquisition decision memorandum is signed1 submit a copy of the memorandum to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is further amended by adding after the item relating to section #hcg the following new item3 ,sec4 #hch4 ,acquisition ,review ,board4 4 #cbc4 ,suspension and debarment program 7a7 ,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 laws1 regulations1 and guidance related to the suspension1 debarment1 and ineligibility of contractors4 7b7 ,requirements ,the program required to be established under subsection 7a7 shall-- 7#a7 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 regulations2 7#b7 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 processes2 and 7#c7 include policies and processes for-- 7,a7 tracking1 reviewing1 and documenting suspension and debarment decisions1 including those related to poor performance1 fraud1 national security considerations1 and other criteria determined appropriate by the ,secretary2 7,b7 ensuring consideration of and referral for suspension1 debarment1 or other necessary actions that protect the interests of the ,federal ,government2 7,c7 managing and sharing relevant documents and information on contractors for use across the ,department2 7,d7 requiring timely reporting into a centralized departmental and ,government-wide databases by the suspension and debarment officials to capture suspension and debarment activities1 document justifications for decisions1 or other relevant information2 7,e7 issuing guidance to implement these policies that is regularly updated and includes definitions for all relevant terms related to the program2 and 7,f7 timely implementation of agreed upon recommendations from the ,inspector ,general of the ,department or the ,comptroller ,general of the ,united ,states4 7c7 ,inspector general review ,beginning one year after the date of enactment of this ,act1 and every three years thereafter1 the ,inspector ,general of the ,department of ,homeland ,security shall-- 7#a7 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 recurrence2 and 7#b7 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 criteria1 particularly with respect to business size and categories4 7d7 ,definitions ,in this section-- 7#a7 the term congressional homeland security committees has the meaning given the term in section #b of the ,homeland ,security ,act of #bjjb1 as amended by this ,act2 7#b7 the term ,department means the ,department of ,homeland ,security2 and 7#c7 the term ,secretary means the ,secretary of ,homeland ,security4 #cbd4 ,requirements to buy certain items related to national security interests according to certain criteria 7a7 ,requirement ,the ,secretary shall ensure that any procurement of covered items for a frontline operational component meets the following criteria3 7#a7 ,to the maximum extent possible1 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 7as such term is described under section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 7#b7 ,each prime contractor1 with respect to the procurement of such covered items1 shall ensure1 to the maximum extent practicable1 the following3 7,a7 ,each first-tier subcontractor and end item manufacturer complies with the contractor code of business ethics and conduct under section #ceji of title #da1 ,united ,states ,code1 and the ,federal ,acquisition ,regulation4 7,b7 ,each first-tier subcontractor and end-item manufacturer is in compliance with a standard identified by the ,secretary as appropriate for quality1 such as ,,iso #ijja3bjae of the ,international ,organization for ,standardization4 7,c7 ,the ability of a first-tier subcontractor to fulfill the terms of the contract is verified4 7#c7 ,each supplier of such a covered item with an insignia 7such as any patch1 badge1 or emblem7 and each supplier of such an insignia1 if such covered item with such insignia or such insignia1 as the case may be1 is not produced1 applied1 or assembled in the ,united ,states1 shall-- 7,a7 store such covered item with such insignia or such insignia in a locked area2 7,b7 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 insignia2 and 7,c7 destroy any defective or unusable covered item with insignia or insignia in a manner established by the ,secretary1 and maintain records1 for #c years after the creation of such records1 of such destruction that include the date of such destruction1 a description of the covered item with insignia or insignia destroyed1 the quantity of the covered item with insignia or insignia destroyed1 and the method of destruction4 7b7 ,pricing ,the ,secretary shall ensure that covered items are purchased at a fair and reasonable price1 consistent with the procedures and guidelines specified in the ,federal ,acquisition ,regulation4 7c7 ,report ,not later than #ahj days after the date of the enactment of this section and annually thereafter1 the ,secretary shall provide to the ,committee on ,homeland ,security1 the ,committee on ,oversight and ,reform1 and the ,committee on ,appropriations of the ,house of ,representatives1 and the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,appropriations of the ,senate a report on the following3 7#a7 ,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 instances4 7#b7 ,the status of efforts to carry out paragraph 7#a7 of subsection 7a74 7#c7 ,a description of how the ,department ensures the compliance of each prime contractor with the requirements of paragraph 7#b7 of subsection 7a7 and any instances of non-compliance4 7d7 ,department frontline operational component described ,in this section1 the term ,department frontline operational component refers to any of the following components of the ,department3 7#a7 ,united ,states ,customs and ,border ,protection4 7#b7 ,united ,states ,immigration and ,customs ,enforcement4 7#c7 ,the ,united ,states ,secret ,service4 7#d7 ,the ,transportation ,security ,administration4 7#e7 ,the ,cybersecurity and ,infrastructure ,security ,agency4 7#f7 ,the ,federal ,protective ,service4 7#g7 ,the ,federal ,emergency ,management ,agency4 7#h7 ,the ,federal ,law ,enforcement ,training ,centers4 7e7 ,determination ,if the ,secretary determines that compliance with paragraph 7#a7 of subsection 7a7 is impractical1 the ,secretary shall1 not later than #ae days after making such determination1 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 concerns4 7f7 ,exception ,this section shall not apply to the purchase of covered items by the ,department to be used by the ,department for training purposes4 7g7 ,covered item described ,in this section1 the term covered item refers to any of the following with respect to a ,department frontline operational component3 7#a7 ,body armor components intended to provide ballistic protection for an individual1 consisting of one or more of the following3 7,a7 ,soft ballistic panels4 7,b7 ,hard ballistic plates4 7,c7 ,concealed armor carriers worn under a uniform4 7,d7 ,external armor carriers worn over a uniform4 7#b7 ,helmets that provide ballistic protection and other head protection and components4 7#c7 ,protective eyewear4 7#d7 ,rain gear1 cold weather gear1 other environmental and flame-resistant clothing4 7#e7 ,footwear4 7#f7 ,uniforms4 7#g7 ,bags and packs4 7#h7 ,holsters and tactical pouches4 7#i7 ,patches1 insignia1 and embellishments4 7#aj7 ,respiratory protective masks4 7#aa7 ,chemical1 biological1 radiological1 and nuclear protective gear4 7#ab7 ,hearing protection equipment4 7#ac7 ,any other critical safety item as determined appropriate by the ,secretary4 7h7 ,effective date ,this section applies with respect to a contract entered into by the ,department or any of its frontline operational components after #abj days of enactment of this ,act4 7i7 ,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 concerns4 7j7 ,study ,not later than #a year after the date of the enactment of this ,act1 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 7as such term is described in section #hcf of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a774 ,such study shall be informed by a ,department-wide survey of employees from across the ,department who receive uniform allowances that seeks to ascertain what1 if any1 improvements could be made to the current uniform allowances and what1 if any1 impacts current allowances have had on employee morale and retention4 ,such study shall also consider increasing by #be percent1 at minimum1 the uniform allowance for first year employees and by #ej percent1 at minimum1 the annual allowance for all other employees4 #cbe4 ,prohibition on operation or procurement of foreign-made unmanned aircraft systems 7a7 ,in general ,the ,secretary of ,homeland ,security may not operate1 provide financial assistance for1 or enter into or renew a contract for the procurement of-- 7#a7 an unmanned aircraft system 7,,uas7 that-- 7,a7 is manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country2 7,b7 uses flight controllers1 radios1 data transmission devices1 cameras1 or gimbals manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country2 7,c7 uses a ground control system or operating software developed in a covered foreign country or by a corporation domiciled in a covered foreign country2 or 7,d7 uses network connectivity or data storage located in or administered by a corporation domiciled in a covered foreign country2 or 7#b7 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 systems4 7b7 ,waiver ,the ,secretary of ,homeland ,security may waive the prohibition under subsection 7a7 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-- 7#a7 in the national interest of the ,united ,states2 7#b7 for counter-,,uas surrogate testing and training2 or 7#c7 for intelligence1 electronic warfare1 or information warfare operations1 testing1 analysis1 and or training4 7c7 ,definitions ,in this section3 7#a7 ,covered foreign country ,the term covered foreign country means a country labeled as a strategic competitor in the ,summary of the #bjah ,national ,defense ,strategy of the ,united ,states of ,america3 ,sharpening the ,american ,military's ,competitive ,edge issued by the ,department of ,defense pursuant to section #aac of title #aj1 ,united ,states ,code4 7#b7 ,unmanned aircraft system ,the term unmanned aircraft system has the meaning given such term in section #ddhja of title #di1 ,united ,states ,code4 ,c ,acquisition ,program ,management ,accountability and ,transparency #cca4 ,congressional notification for major acquisition programs 7a7 ,in general ,subtitle ,d of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cia et seq47 is further amended by adding at the end the following new section3 #hci4 ,congressional notification and other requirements for major acquisition program breach 7a7 ,requirements within department in event of breach 7#a7 ,notifications 7,a7 ,notification of breach ,if a breach 7as such term is defined in section #hcj7 occurs1 or is expected to occur1 in a major acquisition program1 the program manager for such program shall notify the ,component ,acquisition ,executive for such program1 the head of the component concerned1 the ,executive ,director of the ,program ,accountability and ,risk ,management office1 and the ,under ,secretary for ,management in writing not later than #cj days after such breach is identified4 7,b7 ,notification to secretary ,if a breach occurs1 or is expected to occur1 in a major acquisition program and such breach results in an increase greater than #ae percent of a cost threshold1 a delay greater than #ahj days of a schedule threshold1 or a failure to meet any of the performance thresholds specified in the most recently approved acquisition program baseline for such program1 the ,component ,acquisition ,executive for such program shall notify the ,secretary in writing not later than five days after the ,component ,acquisition ,executive for such program is notified of the breach pursuant to subparagraph 7,a74 7,c7 ,notification to congress ,if a notification to the ,secretary is made under subsection 7,b7 relating to a breach in a major acquisition program1 the ,under ,secretary for ,management shall notify the congressional homeland security committees 7as such term is defined in section #hcj7 of such breach in writing not later than #cj days after the notification is made to the ,secretary4 7#b7 ,remediation plan and root cause analysis 7,a7 ,in general ,if a breach occurs1 or is expected to occur1 in a major acquisition program1 the program manager for such program shall1 in coordination with the ,component ,acquisition ,executive for such a program1 submit to the head of the component concerned1 the ,executive ,director of the ,program ,accountability and ,risk ,management office1 and the ,under ,secretary for ,management in writing a remediation plan and root cause analysis relating to such breach and program4 ,such plan and analysis shall be submitted at a date established at the discretion of the ,under ,secretary for ,management4 7,b7 ,remediation plan ,the remediation plan required under this subparagraph 7,a7 shall-- 7i7 explain the circumstances of the breach at issue2 7ii7 include a root cause analysis that determines the underlying cause or causes of the breach1 including the role1 if any1 of-- 7,i7 unrealistic performance expectations2 7,,ii7 unrealistic baseline estimates for cost or schedule or changes in program requirements2 7,,iii7 immature technologies or excessive manufacturing or integration risk2 7,,iv7 unanticipated design1 engineering1 manufacturing1 or technology integration issues arising during program performance2 7,v7 changes to the scope of such program2 7,,vi7 inadequate program funding or changes in planned out-year funding from one #e-year funding plan to the next #e-year funding plan as outlined in the ,future ,years ,homeland ,security ,program required under section #hgd2 7,,vii7 legislative1 legal1 or regulatory changes2 7,,viii7 inadequate program management personnel1 including lack of sufficient number of staff1 training1 credentials1 certifications2 or 7,,ix7 inadequate assessment or mitigation of program risk2 7iii7 propose corrective action to address the underlying cause or causes of the breach as identified in clause 7ii72 7iv7 explain the rationale for why a proposed corrective action is recommended compared to other options considered2 and 7v7 identify the estimated impact on program cost1 schedule1 and performance goals of implementing the proposed corrective action1 and the extent to which funding from other programs will need to be reduced to cover the cost growth of such program4 7#c7 ,review of remediation plans 7,a7 ,in general ,the ,under ,secretary for ,management shall review the remediation plan required under paragraph 7#b74 ,the ,under ,secretary may approve such plan or provide an alternative proposed corrective action1 including cancelling the program1 within #cj days of the submission of such plan under such paragraph4 ,programs that submit a breach notification to the ,secretary pursuant to subsection 7a77#a77;,b7 shall pause all activities other than those necessary to develop the remediation plan required under subsection 7a77#b77;,b7 until the ,under ,secretary for ,management approves such a plan or provides alternative corrective actions for the program4 7,b7 ,documentation ,the ,under ,secretary for ,management shall document the result of the review required under subparagraph 7,a7 in an acquisition decision memorandum4 ,if the program is approved to continue1 the ,under ,secretary for ,management shall certify in the acquisition decision memorandum that-- 7i7 such program is essential to the accomplishment of the ,department's mission2 7ii7 there are no alternatives to the capability or asset provided by such program that will provide equal or greater capability in both a more cost-effective and timely manner2 7iii7 the estimated impact on program cost1 schedule1 and performance goals of implementing the proposed corrective action are reasonable2 and 7iv7 the management structure for such program is adequate to manage and control cost1 schedule1 and performance4 7,c7 ,submission to congress ,not later than #cj days after the review required under subparagraph 7,a7 is completed1 the ,under ,secretary for ,management shall submit to the congressional homeland security committees a copy of the remediation plan and the root cause analysis required under paragraph 7#b74 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is further amended by inserting after the item relating to section #hch the following new item3 ,sec4 #hci4 ,congressional notification and other requirements for major acquisition program breach4 4 #ccb4 ,acquisition reports 7a7 ,in general ,subtitle ,d of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cia et seq47 is further amended by adding at the end the following new section3 #hdj4 ,acquisition reports 7a7 ,congressional acquisition progress report 7#a7 ,in general ,at the same time as the ,president's budget is submitted for a fiscal year under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,under ,secretary for ,management shall submit to the congressional homeland security committees 7as such term is defined in section #hcj7 and the ,comptroller ,general of the ,united ,states an annual acquisition progress report4 ,the report shall include the following3 7,a7 ,a listing of programs that have been cancelled1 paused1 or are in breach pursuant to the section #hch of the ,homeland ,security ,act of #bjjb 7as amended74 7,b7 ,a listing of programs being tracked on the ,master ,acquisition ,oversight ,list pursuant to subsection 7b77#ab7 of section #gaa of the ,homeland ,security ,act of #bjjb as amended that have not yet established an initial ,department-approved acquisition program baseline4 7,c7 ,a listing of established ,executive ,steering ,committees1 which provide governance of a program or related set of programs and lower-tiered oversight1 and support between acquisition decision events and component reviews1 including the mission and membership for each4 7#b7 ,information for major acquisition programs ,for each major acquisition program on the ,master ,acquisition ,oversight ,list pursuant to subsection 7b77#ab7 of section #gaa of the ,homeland ,security ,act of #bjjb as amended that has at least one ,department-approved acquisition program baseline and has not yet fully deployed all planned capabilities1 the report shall include the following3 7,a7 ,a narrative describing the purpose of the program1 including the capabilities being acquired and the component7s7 sponsoring the acquisition4 7,b7 ,acquisition ,review ,board status of each acquisition1 including the current acquisition phase1 the date of the last review1 and a listing of the required documents that have been completed with the dates approved4 7,c7 ,a comparison of the cost goals in the first ,department-approved acquisition program baseline1 the current ,department-approved acquisition program baseline1 and the current estimate4 ,the comparison shall include the timeframe and confidence interval for each source and a description of and rationale for any changes4 7,d7 ,a comparison of the schedule goals in the first ,department-approved acquisition program baseline1 the current ,department-approved acquisition program baseline1 and the current schedule4 ,the comparison shall identify what each event is expected to achieve and include a description of and rationale for any changes4 7,e7 ,a comparison of the performance goals in the first ,department-approved acquisition program baseline and the current ,department-approved acquisition program baseline4 ,the comparison shall identify the rationale for any changes and whether the current performance goal has been demonstrated4 7,f7 ,a list of key test and evaluation events1 including dates they are planned or occurred4 7,g7 ,top five risks associated with the program1 including narrative descriptions and mitigation actions4 7,h7 ,contract status1 including earned value management data as applicable4 7,i7 ,total number of increments or units to be acquired1 as appropriate1 including a schedule outlining the quantity of increments or units to be procured annually until procurement is complete1 as appropriate4 7,j7 ,a table delineated by appropriation that provides 7for prior years2 past year2 current year2 budget year2 budget year plus one2 budget year plus two2 budget year plus three2 budget year plus four and beyond2 and total cost7 the actual or estimated appropriations1 obligations1 unobligated authority1 and planned expenditures4 7#c7 ,updates ,the ,under ,secretary for ,management shall submit quarterly updates to such report not later than #de days after the completion of each quarter4 ,the updates shall be submitted to the congressional homeland security committees 7as such term is defined in section #hcj7 and include the same information under paragraph 7#a7 and 7#b7 for any major acquisition program-- 7,a7 that has been newly established since the annual report was submitted2 or 7,b7 that has received approval for a revised acquisition program baseline4 7b7 ,comptroller ,general reviews 7#a7 ,briefing ,not later than three months after each annual report under subsection 7a7 is submitted1 the ,comptroller ,general of the ,united ,states shall brief the congressional homeland security committees 7as such term is defined in section #hcj7 on the contents of each such report1 including observations on the accuracy of the information presented and any other risks or challenges the ,department faces in managing its acquisition portfolio4 7#b7 ,review ,not later than three years after submission of the first annual report under subsection 7a71 the ,comptroller ,general of the ,united ,states shall evaluate and submit to the congressional homeland security committees a report on the reliability of the data used to prepare such reports4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is further amended by inserting after the item relating to section #hci the following new item3 ,sec4 #hdj4 ,acquisition reports4 4 ,,iv ,,other ,,reforms #dja4 ,quadrennial homeland security review 7a7 ,in general ,section #gjf of the ,homeland ,security ,act of #bjjb 7as redesignated by this ,act2 relating to the ,quadrennial ,homeland ,security ,review7 is amended-- 7#a7 in subsection 7a77#c7-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,c7 by inserting after subparagraph 7,b7 the following new subparagraph3 7,c7 representatives from appropriate advisory committees established pursuant to section #hga1 the ,homeland ,security ,advisory ,council1 and the ,homeland ,security ,science and ,technology ,advisory ,committee1 or otherwise established1 including the ,aviation ,security ,advisory ,committee established pursuant to section #ddidf of title #di1 ,united ,states ,code2 and 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by inserting before the semicolon at the end the following3 based on the risk assessment required pursuant to subsection 7c77#b77;,b72 7,b7 in paragraph 7#c7-- 7i7 by inserting 1 to the extent practicable1 after describe2 and 7ii7 by striking budget plan and inserting resources required2 7,c7 in paragraph 7#d7-- 7i7 by inserting 1 to the extent practicable1 after identify2 7ii7 by striking budget plan required to provide sufficient resources to successfully and inserting resources required to2 and 7iii7 by striking the semicolon at the end and inserting 1 including any resources identified from redundant1 wasteful1 or unnecessary capabilities and capacities that can be redirected to better support other existing capabilities and capacities1 as the case may be2 and2 7,d7 in paragraph 7#e71 by striking 2 and and inserting a period2 and 7,e7 by striking paragraph 7#f72 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking ,december #ca of the year and inserting #fj days after the date of the submission of the ,president's budget for the fiscal year after the fiscal year2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,b71 by striking description of the threats to and inserting risk assessment of2 7ii7 in subparagraph 7,c71 by inserting 1 as required under subsection 7b77#b7 before the semicolon at the end2 7iii7 in subparagraph 7,d7-- 7,i7 by inserting to the extent practicable1 before a description2 and 7,,ii7 by striking budget plan and inserting resources required2 7iv7 in subparagraph 7,f7-- 7,i7 by inserting to the extent practicable1 before a discussion2 and 7,,ii7 by striking the status of2 7v7 in subparagraph 7,g7-- 7,i7 by inserting to the extent practicable1 before a discussion2 7,,ii7 by striking the status of2 7,,iii7 by inserting and risks before to national homeland2 and 7,,iv7 by inserting and after the semicolon at the end2 7vi7 by striking subparagraph 7,h72 and 7vii7 by redesignating subparagraph 7,i7 as subparagraph 7,h72 7,c7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,d7 by inserting after paragraph 7#b7 the following new paragraph 7#c73 7#c7 ,documentation ,the ,secretary shall retain and1 upon request1 provide to ,congress the following documentation regarding each quadrennial homeland security review3 7,a7 ,records regarding the consultation carried out the pursuant to subsection 7a77#c71 including the following3 7i7 ,all written communications1 including communications sent out by the ,secretary and feedback submitted to the ,secretary through technology1 online communications tools1 in-person discussions1 and the interagency process4 7ii7 ,information on how feedback received by the ,secretary informed the quadrennial homeland security review4 7,b7 ,information regarding the risk assessment1 as required under subsection 7c77#b77;,b71 including the following3 7i7 ,the risk model utilized to generate the risk assessment4 7ii7 ,information1 including data used in the risk model1 utilized to generate the risk assessment4 7iii7 ,sources of information1 including other risk assessments1 utilized to generate the risk assessment4 7iv7 ,information on assumptions1 weighing factors1 and subjective judgments utilized to generate the risk assessment1 together with information on the rationale or basis thereof4 2 and 7#d7 by redesignating subsection 7d7 as subsection 7e72 and 7#e7 by inserting after subsection 7c7 the following new subsection 7d73 7d7 ,review ,not later than #ij days after the submission of each report required under subsection 7c77#a71 the ,secretary 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 information on the degree to which the findings and recommendations developed in the quadrennial homeland security review covered by each such report were integrated into the acquisition strategy and expenditure plans for the ,department4 4 7b7 ,effective date ,the amendments made by this section shall apply with respect to a quadrennial homeland security review conducted after ,december #ca1 #bjba4 #djb4 ,limitations regarding secretarial authorities associated with the protection of public property ,section #acae of title #dj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#a7-- 7,a7 by striking of the ,department of ,homeland ,security1 including employees transferred to the ,department and insert transferred to the ,department of ,homeland ,security2 and 7,b7 by striking #bjjb1 and inserting #bjjb2 7#b7 in subsection 7b77#b7-- 7,a7 by striking ,while engaged in the performance of official duties1 and inserting ,to the extent necessary to protect the property described in subsection 7a7 and persons on such property12 7,b7 in subparagraph 7,b7 by striking firearms and inserting a firearm2 7,c7 in subparagraph 7,c7 by striking if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony2 and inserting the following3 if-- 7i7 the officer or agent has probable cause to believe that the person to be arrested has committed1 is committing1 or is about to commit a felony on or related to property owned or occupied by the ,federal ,government2 7ii7 the arrest-- 7,i7 occurs on the ,federal property or an area in the immediate vicinity of the property and does not extend beyond any adjacent sidewalk1 public street1 or other adjacent areas2 7,,ii7 in the case of an agreement under subsection 7e71 occurs in an area in which arrests are permitted under the parameters established in such agreement2 or 7,,iii7 is carried out in an area not covered under subclause 7,i7 or 7,,ii7 only if-- 7aa7 the officer or agent is in active pursuit of a person who is otherwise subject to arrest under this subparagraph2 and 7bb7 such person exits the area covered by subclause 7,i7 or 7,,ii71 as applicable1 during such pursuit2 and 7iii7 there are specific and articulable facts to support a reasonable belief that the person may-- 7,i7 escape before a warrant can be obtained for his or her arrest2 7,,ii7 destroy evidence2 or 7,,iii7 continue the commission of a felony on or related to property owned or occupied by the ,federal ,government2 2 7,d7 in subparagraph 7,e7 by striking 2 and and inserting 1 except that such investigations and any associated surveillance are restricted solely to offenses that may have been committed against property owned or occupied by the ,federal ,government2 and2 and 7,e7 by striking subparagraph 7,f7 and inserting the following3 7,f7 carry out such other activities necessary to protect the property described in subsection 7a7 and persons on such property as the ,secretary may prescribe4 2 7#c7 in subsection 7e7-- 7,a7 by striking the ,secretary may enter into agreements and inserting the ,secretary shall enter into agreements1 including memoranda of understanding12 and 7,b7 by adding at the end the following3 ,any agreement1 including memoranda of understanding1 entered into under this subsection shall include a requirement that all officers and agents designated under this subsection and subject to such agreement wear body cameras while on duty42 7#d7 by redesignating subsections 7f7 and 7g7 as subsections 7h7 and 7i71 respectively2 and 7#e7 by inserting after subsection 7e7 the following3 7f7 ,identification as federal officer ,an officer or agent designated under this subsection shall1 while engaged in the performance of official duties1 display-- 7#a7 appropriate insignia identifying the department or agency of the ,department of ,homeland ,security from which such officer or agent has been designated2 and 7#b7 the full name of the officer or agent4 7g7 ,limitation on arrests ,with respect to any arrest carried out under subsection 7b77#b77;,c71 the officer or agent shall-- 7#a7 identify himself or herself and the department or agency in which such officer or agent is employed2 7#b7 inform the individual being arrested of the cause for such arrest2 7#c7 in the case of an arrest carried out pursuant to an agreement under subsection 7e71 notify any ,state or local government that is party to such agreement of the arrest2 and 7#d7 document the details of the arrest and the cause for such arrest4 4 #djc4 ,biometric enterprise management 7a7 ,biometrics and identity management development and strategy ,not later than one year after the date of the enactment of this ,act1 the ,under ,secretary for ,strategy1 ,policy1 and ,plans shall1 in coordination with the ,privacy ,officer and ,civil ,rights and ,civil ,liberties ,officer1 and consultation with appropriate heads of components or offices within the ,department1 develop and coordinate a biometrics and identity management enterprise strategy for the ,department that includes guidance and requirements regarding the front-end collection1 use1 retention1 sharing1 and disposal of biometric information by and within the ,department and requires the establishment of robust privacy protections for individuals that1 with respect to the ,united ,states ,,visit program and any other such passenger facilitation program1 prioritizes securing voluntary consent for the capture of biometrics from individuals through an opt-in approach rather than an opt-out approach4 ,upon the issuance of the strategy1 no component head shall be authorized to initiate or expand a pilot or program that includes biometrics or identity management without the ,secretary determining that the program is consistent with this strategy or successor strategy4 7b7 ,compliance with department biometrics and identity management strategy ,the ,under ,secretary for ,management shall-- 7#a7 not later than #ahj days after the issuance of the biometrics and identity management enterprise strategy required under subsection 7a7 of this section1 issue determinations regarding compliance with the strategy for each pilot or program of the ,department that uses biometric technologies or information and1 where necessary1 a corresponding corrective action plan for the pilot or program to come into compliance with the strategy within a year2 7#b7 upon issuance of determinations pursuant to paragraph 7#a71 submit determinations together with any corresponding corrective action plans to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7#c7 two years after enactment of this ,act1 submit certifications for each pilot or program that the ,secretary determines to be in compliance the strategy to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and notification of the suspension or cancellation of any pilots or programs that are not in compliance with the strategy4 7c7 ,inventory ,within #ahj days of enactment of this ,act1 the ,under ,secretary for ,management1 in coordination with the ,under ,secretary for ,science and ,technology1 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 an inventory of all pilots and programs of the ,department that use biometric technologies or information4 ,the inventory shall include1 at a minimum1 the following information for each pilot and program-- 7#a7 the components or ,department offices involved1 including their roles and responsibilities2 7#b7 the purpose of the pilot or program1 including reason for the use of biometric technologies or information in the pilot or program2 7#c7 a description of functionality1 including an overview of any technologies or systems used to capture1 share1 or match biometric information2 7#d7 the timeframes and locations of key events1 including the actual or planned initiation and completion dates for test activities and technology deployments2 7#e7 estimated total cost and funding sources2 7#f7 any contracts or agreements entered into with other ,federal departments and agencies1 private or third-party entities1 and educational institutions2 7#g7 status of implementation1 including any transition plans for pilots2 and 7#h7 status of plans for developing and issuing any related rulemakings or privacy impact assessments4 7d7 ,assessment ,within one year of submitting the inventory required under subsection 7a71 the ,under ,secretary for ,science and ,technology shall conduct and 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 assessment of all pilots or programs of the ,department that use biometric technologies or information that involves facial recognition or iris scanning4 ,the assessment shall1 at a minimum1 review-- 7#a7 the impact of device specifications and installation factors1 such as camera quality1 lighting1 and internet connectivity1 of biometric collection technologies on the ,department's ability to capture accurate data across all demographic groups1 including across age1 sex1 skin tone1 and disability status1 alone and in combination with each other1 to inform minimum biometric capture device standards2 7#b7 proposed or implemented biometric collection methods to capture accurate data across all demographic groups2 7#c7 information security of biometric technology or systems1 including lessons learned to improve resiliency against tampering or cyber threats2 and 7#d7 independent testing results of biometric matching algorithms to verify accuracy across all demographic groups4 7e7 ,limitation on expanding biometric air exit capabilities 7#a7 ,requirement ,the ,under ,secretary for ,management shall prohibit ,u4,s4 ,customs and ,border ,protection from expanding biometric air exit capabilities to additional airports1 air terminals1 or airlines1 until it has demonstrated for at least three consecutive months that the program meets its validated user requirement for capturing live biometric images of in-scope travelers on participating flights for capabilities already deployed as of the date of the enactment of this ,act4 7#b7 ,definition ,in this section1 the term in-scope traveler means any person who is required to provide biometrics upon exit from the ,united ,states pursuant to section #bae4h7;a77#a7 of title #h1 ,code of ,federal ,regulations4 #djd4 ,enhanced departmental oversight of certain intelligence matters ,paragraph 7#i7 of section #bja7;d7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aba7;d77 is amended-- 7#a7 in subparagraph 7,a71 by striking and after the semicolon2 7#b7 in subparagraph 7,b71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,c7 any intelligence information under this ,act is1 to the extent practicable1 shared1 retained1 and disseminated consistent with the protection of privacy rights1 civil rights1 and civil liberties1 as determined1 respectively1 by the ,chief ,privacy ,officer and the ,officer for ,civil ,rights and ,civil ,liberties4 4 #dje4 ,privacy1 civil rights1 and civil liberties coordination required ,no head of a component or office may initiate1 modify1 or expand a program that may substantially impact the privacy1 civil rights1 and civil liberties of individuals or includes the collection of personally identifiable information unless prior to the initiation1 modification1 or expansion1 the head of the component or office has done so in coordination with the ,chief ,privacy ,officer and the ,officer for ,civil ,rights and ,civil ,liberties of the ,department4 #djf4 ,department-wide social media policy 7a7 ,in general ,not later than #ahj days after enactment of this ,act1 the ,secretary1 acting through the ,under ,secretary for ,management1 shall issue a ,department-wide management directive for social media activity on official ,departmental accounts that shall include-- 7#a7 the roles and responsibilities of ,department offices1 including the ,office of the ,general ,counsel and ,privacy ,office1 in monitoring the ,department's compliance with the social media policy2 7#b7 a discussion of applicable ,federal laws1 regulations1 and requirements that apply to social media use1 including those related to information quality1 such as the ,data ,quality ,act1 ethical conduct1 protecting individual privacy1 and records management2 7#c7 the process for authorizing an official1 ,department branded social media account2 7#d7 training requirements1 to include mass communication and ethics training1 for authorizing agency officials to use ,department accounts to communicate in their official capacity2 and 7#e7 guidance for the personal use of social media accounts not related to official duties4 7b7 ,publication ,the ,secretary shall maintain a list of all current official social media accounts of the ,department on the website of the ,department4 #djg4 ,propaganda prohibited 7a7 ,in general ,not later than #ij days after enactment of this ,act1 the ,secretary1 acting through the ,under ,secretary for ,management1 shall issue a ,department-wide directive and corresponding oversight mechanisms to all personnel prohibiting the origination or circulation of propaganda internally or externally1 including with respect to public-facing materials4 7b7 ,inspector general review ,not later than ,september #cj1 #bjbb1 the ,inspector ,general of the ,department shall review-- 7#a7 the ,department's internal and external communications associated with the ,august #bjbj ,kenosha1 ,wisconsin shooting2 the #bjbj protests in ,portland1 ,oregon2 and the issuance of ,executive ,order #acgfi to determine if there is evidence of the ,department engaging in propaganda as defined under this ,act2 7#b7 implementation of subsection 7a72 and 7#c7 issue recommendations1 as appropriate1 to strengthen protections against the engagement of propaganda within the ,department4 7c7 ,propaganda defined ,for purposes of this section1 the term propaganda means information disseminated with the intent to promote or publicize a particular political cause or point of view1 including-- 7#a7 materials designed to support or defeat the enactment of legislation before the ,congress or any ,state or local legislature or legislative body2 7#b7 materials designed to support or defeat proposed or pending regulation1 administrative action1 or order issued by the ,executive ,branch including any ,state or local government2 7#c7 materials self-aggrandizing or overly publicizing and emphasizing the importance of the agency or activity in question2 7#d7 materials that are prepared by the agency or its contractors at the behest of the agency and circulated as the ostensible position of parties outside the agency without disclosure that the information originated with the ,department2 and 7#e7 purely partisan materials1 those designed to aid a particular political party or candidate4 #djh4 ,limits on expenses for a swearing-in ceremony 7a7 ,in general ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security may not obligate or expend any ,federal funds or use any ,government property for a reception or gathering after a swearing-in ceremony4 7b7 ,exception ,at the discretion of the ,secretary of ,homeland ,security1 the ,secretary may obligate and expend ,federal funds or use ,government property during an initial swearing-in ceremony for a presidential appointee within the ,department of ,homeland ,security for meals or refreshments served during such ceremony if the total cost does not exceed an amount established by the ,secretary not later than #ij days after the date of the enactment of this section4 7c7 ,reporting ,not later than #fj days after the end of each fiscal year beginning with fiscal year #bjba1 the ,secretary of ,homeland ,security1 acting through the ,chief ,financial ,officer of the ,department of ,homeland ,security1 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 an annual report on all funds expended during swearing-in ceremonies described in subsection 7b74 7d7 ,definitions ,in this section3 7#a7 ,government property ,the term ,government property has the meaning given such term in section #bfce4gjd7;b77#a7 of title #e1 ,code of ,federal ,regulations4 7#b7 ,swearing-in ceremony ,the term swearing-in ceremony means a gathering at which the swearing-in of a ,department of ,homeland ,security official occurs4 #dji4 ,conflict of interest awareness and reporting ,no later than #ij days after enactment1 the ,chief ,procurement ,officer shall-- 7#a7 disseminate existing laws1 regulations1 and agency policies related to avoiding personal conflicts of interest and improper business practices to all ,department contracting and grant officials1 as well as information regarding protections for such officials that report any attempt or actual interference by a ,department1 ,administration1 or other elected official or private individual with a conflict of interest or a desire to unfairly influence the procurement process2 and 7#b7 require that all ,department contracting and grant officials certify receipt and review of the information disseminated under paragraph 7#a74 #daj4 ,mentor-protg program 7a7 ,in general ,subtitle ,h of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dea et seq47 is amended by adding at the end the following new section3 #hij;,e4 ,mentor-protg program 7a7 ,establishment ,there is established in the ,department a mentor-protg program 7in this section referred to as the ,program7 under which a mentor firm enters into an agreement with a protg firm for the purpose of assisting the protg firm to compete for prime contracts and subcontracts of the ,department4 7b7 ,eligibility ,the ,secretary shall establish criteria for mentor firms and protg firms to be eligible to participate in the ,program1 including a requirement that a firm is not included on any list maintained by the ,federal ,government of contractors that have been suspended or debarred4 7c7 ,program application and approval 7#a7 ,application ,the ,secretary1 acting through the ,office of ,small and ,disadvantaged ,business ,utilization of the ,department1 shall establish a process for submission of an application jointly by a mentor firm and the protg firm selected by the mentor firm4 ,the application shall include each of the following3 7,a7 ,a description of the assistance to be provided by the mentor firm1 including1 to the extent available1 the number and a brief description of each anticipated subcontract to be awarded to the protg firm4 7,b7 ,a schedule with milestones for achieving the assistance to be provided over the period of participation in the ,program4 7,c7 ,an estimate of the costs to be incurred by the mentor firm for providing assistance under the ,program4 7,d7 ,attestation that ,program participants will submit to the ,secretary reports at times specified by the ,secretary to assist the ,secretary in evaluating the protg firm's developmental progress4 7,e7 ,attestations that ,program participants will inform the ,secretary in the event of change in eligibility or voluntary withdrawal from the ,program4 7#b7 ,approval ,not later than #fj days after receipt of an application pursuant to paragraph 7#a71 the head of the ,office of ,small and ,disadvantaged ,business ,utilization shall notify applicants of approval or1 in the case of disapproval1 the process for resubmitting an application for reconsideration4 7#c7 ,rescission ,the head of the ,office of ,small and ,disadvantaged ,business ,utilization may rescind the approval of an application under this subsection if it determines that such action is in the best interest of the ,department4 7d7 ,program duration ,a mentor firm and protg firm approved under subsection 7c7 shall enter into an agreement to participate in the ,program for a period of not less than #cf months4 7e7 ,program benefits ,a mentor firm and protg firm that enter into an agreement under subsection 7d7 may receive the following ,program benefits3 7#a7 ,with respect to an award of a contract that requires a subcontracting plan1 a mentor firm may receive evaluation credit for participating in the ,program4 7#b7 ,with respect to an award of a contract that requires a subcontracting plan1 a mentor firm may receive credit for a protg firm performing as a first tier subcontractor or a subcontractor at any tier in an amount equal to the total dollar value of any subcontracts awarded to such protg firm4 7#c7 ,a protg firm may receive technical1 managerial1 financial1 or any other mutually agreed upon benefit from a mentor firm1 including a subcontract award4 7#d7 ,any other benefits identified by the ,secretary4 7f7 ,reporting ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the head of the ,office of ,small and ,disadvantaged ,business ,utilization shall submit to the ,committees on ,homeland ,security and ,small ,business of the ,house of ,representatives a report that-- 7#a7 identifies each agreement between a mentor firm and a protg firm entered into under this section1 including number of protg firm participants that are-- 7,a7 small business concerns2 7,b7 small business concerns owned and controlled by veterans2 7,c7 small business concerns owned and controlled by service-disabled veterans2 7,d7 qualified ,h,u,b,zone small business concerns2 7,e7 small business concerns owned and controlled by socially and economically disadvantaged individuals2 7,f7 women-owned small business concerns2 7,g7 historically ,black colleges and universities2 and 7,h7 minority institutions of higher education2 7#b7 describes the type of assistance provided by mentor firms to protg firms2 7#c7 identifies contracts within the ,department in which a mentor firm serving as the prime contractor provided subcontracts to a protg firm under the ,program2 and 7#d7 assesses the degree to which there has been-- 7,a7 an increase in the technical capabilities of protg firms2 and 7,b7 an increase in the quantity and estimated value of prime contract and subcontract awards to protg firms for the period covered by the report4 7g7 ,definitions ,in this section3 7#a7 ,historically black college or university ,the term historically ,black college or university means any of the historically ,black colleges and universities referred to in section #bcbc of title #aj1 ,united ,states ,code1 as in effect on ,march #a1 #bjah4 7#b7 ,mentor firm ,the term mentor firm means a for-profit business concern that is not a small business concern that-- 7,a7 has the ability to assist and commits to assisting a protg to compete for ,federal prime contracts and subcontracts2 and 7,b7 satisfies any other requirements imposed by the ,secretary4 7#c7 ,minority institution of higher education ,the term minority institution of higher education means an institution of higher education with a student body that reflects the composition specified in section #cab7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajeh7;b774 7#d7 ,protg firm ,the term protg firm means a small business concern1 a historically ,black college or university1 or a minority institution of higher education that-- 7,a7 is eligible to enter into a prime contract or subcontract with the ,department2 and 7,b7 satisfies any other requirements imposed by the ,secretary4 7#e7 ,small business act definitions ,the terms small business concern1 small business concern owned and controlled by veterans1 small business concern owned and controlled by service-disabled veterans1 qualified ,h,u,b,zone small business concern1 and small business concern owned and controlled by women have the meaning given such terms1 respectively1 under section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 ,the term small business concern owned and controlled by socially and economically disadvantaged individuals has the meaning given such term in section #h7;d77#c77;,c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77#c77;,c774 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #hij;,d the following new item3 ,sec4 #hij;,e4 ,mentor-protg program4 4 #daa4 ,historically black colleges and universities 7,,hbcus7 homeland security partnerships 7a7 ,department-,wide strategy for enhanced partnerships with historically black colleges and universities and minority-,serving institutions ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary1 acting through the ,under ,secretary for ,strategy1 ,policy1 and ,plans of the ,department1 shall-- 7#a7 issue a ,department-wide strategy to enhance partnerships with historically ,black colleges and universities and minority-serving institutions that includes yearly goals1 including goals related to improving recruitment and hiring1 research and development1 and acquisition opportunities at such institutions1 through fiscal year #bjbe2 and 7#b7 require the head of each component of the ,department to-- 7,a7 not later than #aej days after the date of the issuance under paragraph 7#a7 of the ,department-wide strategy1 develop a component-specific action plan to implement such strategy2 7,b7 monitor progress on such implementation2 and 7,c7 not later than one year after the date of such issuance1 report to the ,secretary regarding progress on such implementation4 7b7 ,enhancement of ,research and ,development ,partnerships ,the ,secretary shall seek to enhance partnerships with historically ,black colleges and universities and minority-serving institutions with respect to administering the research and development activities of the ,department by1 among other things-- 7#a7 encouraging the participation of such colleges1 universities1 and institutions in the research1 development1 testing1 and evaluation programs and activities of the ,department2 7#b7 facilitating partnerships between such colleges1 universities1 and institutions and private sector stakeholders1 national laboratories1 and other academic institutions in areas important to homeland security1 including cybersecurity1 emergency management1 and counterterrorism2 and 7#c7 distributing funds through ,science and ,technology ,directorate grants1 cooperative agreements1 and contracts to such colleges1 universities1 and institutions for enhancements in areas important to homeland security1 including cybersecurity1 emergency management1 and counterterrorism4 7c7 ,career opportunities partnerships ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary1 acting through the ,chief ,human ,capitol ,officer of the ,department1 shall make available to historically ,black colleges and universities and minority-serving institutions a current list of internship1 fellowship1 scholarship1 and recruitment opportunities within the ,department for students and recent graduates of such colleges1 universities1 and institutions4 7d7 ,acquisition partnerships ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary1 acting through the ,chief ,procurement ,officer of the ,department1 shall-- 7#a7 identify how to increase the participation of historically ,black colleges and universities and minority-serving institutions in ,department acquisitions1 including identifying existing opportunities for historically ,black colleges and universities and minority-serving institutions to participate in the contracting program of the ,small ,business ,administration for minorities2 and 7#b7 disseminate to such colleges1 universities1 and institutions-- 7,a7 information identified in accordance with paragraph 7#a72 and 7,b7 current and future opportunities to participate in ,department acquisitions4 7e7 ,annual report 7#a7 ,in general ,not later than one year after enactment of this ,act1 and annually thereafter through #bjbf1 the ,secretary shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report on the efforts of the ,department to partner with historically ,black colleges and universities and minority-serving institutions to carry out this ,act4 7#b7 ,reporting requirements ,the annual reports required under subsection 7a7 shall include the following3 7,a7 ,a list of awards1 including the corresponding monetary value for each such award1 to historically ,black colleges and universities and minority-serving institutions1 disaggregated by grant1 contract1 cooperative agreement1 and other research development test and evaluation activity1 initiative1 and program4 7,b7 ,a description of how the ,department is partnering with historically ,black colleges and universities and minority-serving institutions under the programs referred to in subsections 7b7 and 7d71 and how such programs have helped such colleges1 universities1 and institutions participate in acquisitions with the ,department4 7,c7 ,a summary of outreach efforts to historically ,black colleges and universities and minority-serving institutions1 and an identification of any ,department programs and initiatives in which such colleges1 universities1 and institutions are under-represented among institutions of higher education4 7,d7 ,a description of the status of efforts made by the ,department pursuant to subsections 7a7 and 7c71 including-- 7i7 for subsection 7a71 ,department-wide goals pursuant to the ,department-wide strategy to enhance partnerships with historically ,black colleges and universities and minority-serving institutions under such section1 and the status of efforts to implement action plans throughout the ,department to carry out such strategy2 and 7ii7 for subsection 7c71 participation rates in each internship1 fellowship1 scholarship1 and recruitment opportunity referred to in such section1 listed by historically ,black college and university and minority-serving institution so participating4 7,e7 ,a list of memoranda of understanding entered into by the ,department with historically ,black colleges and universities and minority-serving institutions and information on the parties and scope of each such memorandum of understanding4 #dab4 ,children's technical expert ,paragraph 7#b7 of section #ejc7;b7 of the ,homeland ,security ,act 7#f ,u4,s4,c4 #cac7;b77 is amended-- 7#a7 in subparagraph 7,g71 by striking and at the end2 7#b7 in subparagraph 7,h71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,i7 identify and integrate the needs of children into activities to prepare for1 protect against1 respond to1 recover from1 and mitigate against the risk of natural disasters1 acts of terrorism1 and other manmade disasters1 including catastrophic incidents1 including by appointing a technical expert1 who may consult with relevant outside organizations and experts1 as necessary1 to coordinate such integration1 as necessary4 4 #dac4 ,modification of ,secretary's reorganization authority ,section #hgb7;a7 of the ,homeland ,security ,act of #bjjb is amended-- 7#a7 in paragraph 7#a71 by striking #aejb7;b7 and inserting #aejb2 and 7#b7 striking paragraph 7#b74 #dad4 ,definitions ,for purposes of this ,act1 the following terms should be defined as follows3 7#a7 ,foreign violent white supremacist extremist organization ,the term foreign violent white supremacist extremist organization means an organization based outside the ,united ,states that seeks1 wholly or in part1 through unlawful acts of force or violence1 to support a belief in the intellectual and moral superiority of the white race over other races4 7#b7 ,historically black college or university ,the term historically ,black college or university has the meaning given the term part ,b institution in section #cbb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa74 7#c7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#d7 ,minority-serving institution ,the term minority-serving institution means an institution of higher education described in section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 7#e7 ,public-facing materials ,the term public-facing materials means any written1 audio1 or video materials to inform the public1 including press releases1 speeches1 talking points1 fact sheets1 testimony1 letters1 reports1 billboards1 and social media4 7#f7 ,social media ,the term social media means any tools and technologies that allow a social media user to share communications1 postings1 or information1 or participate in social networking1 including but not limited to blogs1 social networks1 video1 and photo sharing websites1 online forums1 and discussion boards1 and automated data feeds4 7#g7 ,targeted violence ,the term targeted violence means any incident of violence in which an attacker selects a particular target prior to the incident of violence so as to suggest an intent to inflict mass injury or death and may be an act of domestic terrorism or international terrorism1 or an attack that otherwise lacks a clearly discernible political or ideological motivation1 such as the ,june #ab1 #bjaf1 nightclub mass shooting in ,orlando1 ,florida1 the ,october #a1 #bjag1 attack on concert-goers at a music festival in ,las ,vegas1 ,nevada1 and the ,august #c1 #bjai1 mass shooting at a store in ,el ,paso1 ,texas4 7#h7 ,violent white supremacist extremism ,the term white supremacist extremism means an ideology that seeks1 wholly or in part1 through unlawful acts of force or violence1 to support a belief in the intellectual and moral superiority of the white race over other races4