SEC. 101. Short Title.
This title may be cited as the “AI in Government Act of 2020”.
Division U — Homeland Security and Governmental Affairs Provisions
DIVISION U Homeland Security and Governmental Affairs Provisions
TITLE I Ai in Government Act of 2020
SEC. 102. Definitions.
In this Act—
the term “Administrator” means the Administrator of General Services;
the term “agency” has the meaning given the term in section 3502 of title 44, United States Code;
the term “AI CoE” means the AI Center of Excellence described in section 103;
the term “artificial intelligence” has the meaning given the term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note);
the term “Director” means the Director of the Office of Management and Budget;
the term “institution of higher education” has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and
the term “nonprofit organization” means an organization described in section 501(c)(3)of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code.
SEC. 103. Ai Center of Excellence.
In General.— There is created within the General Services Administration a program to be known as the “AI Center of Excellence”, which shall—
facilitate the adoption of artificial intelligence technologies in the Federal Government;
improve cohesion and competency in the adoption and use of artificial intelligence within the Federal Government; and
carry out paragraphs (1) and (2) for the purposes of benefitting the public and enhancing the productivity and efficiency of Federal Government operations.
Duties.— The duties of the AI CoE shall include—
regularly convening individuals from agencies, industry, Federal laboratories, nonprofit organizations, institutions of higher education, and other entities to discuss recent developments in artificial intelligence, including the dissemination of information regarding programs, pilots, and other initiatives at agencies, as well as recent trends and relevant information on the understanding, adoption, and use of artificial intelligence;
collecting, aggregating, and publishing on a publicly available website information regarding programs, pilots, and other initiatives led by other agencies and any other information determined appropriate by the Administrator;
advising the Administrator, the Director, and agencies on the acquisition and use of artificial intelligence through technical insight and expertise, as needed;
assist agencies in applying Federal policies regarding the management and use of data in applications of artificial intelligence;
consulting with agencies, including the Department of Defense, the Department of Commerce, the Department of Energy, the Department of Homeland Security, the Office of Management and Budget, the Office of the Director of National Intelligence, and the National Science Foundation, that operate programs, create standards and guidelines, or otherwise fund internal projects or coordinate between the public and private sectors relating to artificial intelligence;
advising the Director on developing policy related to the use of artificial intelligence by agencies; and
advising the Director of the Office of Science and Technology Policy on developing policy related to research and national investment in artificial intelligence.
Staff.—
In general.— The Administrator shall provide necessary staff, resources, and administrative support for the AI CoE.
Shared staff.— To the maximum extent practicable, the Administrator shall meet the requirements described under paragraph (1) by using staff of the General Services Administration, including those from other agency centers of excellence, and detailees, on a reimbursable or nonreimbursable basis, from other agencies.
Fellows.— The Administrator may, to the maximum extent practicable, appoint fellows to participate in the AI CoE from nonprofit organizations, think tanks, institutions of higher education, and industry.
Sunset.— This section shall cease to be effective on the date that is 5 years after the date of enactment of this Act.
SEC. 104. Guidance for Agency Use of Artificial Intelligence.
Guidance.— Not later than 270 days after the date of enactment of this Act, the Director, in coordination with the Director of the Office of Science and Technology Policy in consultation with the Administrator and any other relevant agencies and key stakeholders as determined by the Director, shall issue a memorandum to the head of each agency that shall—
inform the development of policies regarding Federal acquisition and use by agencies regarding technologies that are empowered or enabled by artificial intelligence, including an identification of the responsibilities of agency officials managing the use of such technology;
recommend approaches to remove barriers for use by agencies of artificial intelligence technologies in order to promote the innovative application of those technologies while protecting civil liberties, civil rights, and economic and national security;
identify best practices for identifying, assessing, and mitigating any discriminatory impact or bias on the basis of any classification protected under Federal nondiscrimination laws, or any unintended consequence of the use of artificial intelligence, including policies to identify data used to train artificial intelligence algorithms as well as the data analyzed by artificial intelligence used by the agencies; and
provide a template of the required contents of the agency plans described in subsection (c).
Public Comment.— To help ensure public trust in the applications of artificial intelligence technologies, the Director shall issue a draft version of the memorandum required under subsection (a) for public comment not later than 180 days after date of enactment of this Act.
Plans.— Not later than 180 days after the date on which the Director issues the memorandum required under subsection (a) or an update to the memorandum required under subsection (d), the head of each agency shall submit to the Director and post on a publicly available page on the website of the agency—
a plan to achieve consistency with the memorandum; or
a written determination that the agency does not use and does not anticipate using artificial intelligence.
Updates.— Not later than 2 years after the date on which the Director issues the memorandum required under subsection (a), and every 2 years thereafter for 10 years, the Director shall issue updates to the memorandum.
SEC. 105. Update of Occupational Series for Artificial Intelligence.
In General.— Not later than 18 months after the date of enactment of this Act, and in accordance with chapter 51 of title 5, United States Code, the Director of the Office of Personnel Management shall—
identify key skills and competencies needed for positions related to artificial intelligence;
establish an occupational series, or update and improve an existing occupational job series, to include positions the primary duties of which relate to artificial intelligence;
to the extent appropriate, establish an estimate of the number of Federal employees in positions related to artificial intelligence, by each agency; and
using the estimate established in paragraph (3), prepare a 2-year and 5-year forecast of the number of Federal employees in positions related to artificial intelligence that each agency will need to employ.
Plan.— Not later than 120 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a comprehensive plan with a timeline to complete requirements described in subsection (a).
TITLE II Dhs Overseas Personnel Enhancement Act of 2019
SEC. 201. Short Title.
This title may be cited as the “DHS Overseas Personnel Enhancement Act of 2019”.
SEC. 202. Overseas Personnel Briefing.
In General.— Not later than 90 days after submission of the comprehensive 3-year strategy required under section 1910 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) and annually thereafter, the Secretary shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding Department personnel with primary duties that take place outside of the United States.
Requirements.— The briefings required under subsection (a) shall include the following:
A detailed summary of, and deployment schedule for, each type of personnel position with primary duties that take place outside of the United States and how each such position contributes to the Department’s mission.
Information related to how the geographic and regional placement of such positions contributes to the Department’s mission.
Information related to any risk mitigation plans for each geographic and regional placement, including to address counter-intelligence risks.
Information regarding the costs of deploying or maintaining personnel at each geographic and regional placement, including information on any cost-sharing agreement with foreign partners to cover a portion or all the costs relating to such deployment or maintenance.
Information on guidance and practices to guard against counter-espionage and counter-intelligence threats, including cyber threats, associated with Department personnel.
Information regarding trends in foreign efforts to influence such personnel while deployed overseas to contribute to the Department’s mission.
Information related to the position-specific training received by such personnel before and during placement at a foreign location.
Challenges that may impede the communication of counterterrorism information between Department personnel at foreign locations and Department entities in the United States, including technical, resource, and administrative challenges.
The status of efforts to implement the strategy referred to in subsection (a).
The status of efforts (beginning with the second briefing required under this section) to implement the enhancement plan under section 203.
SEC. 203. Overseas Personnel Enhancement Plan.
In General.— Not later than 90 days after the first briefing required under section 202, 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 plan to enhance the effectiveness of Department personnel at foreign locations.
Plan Requirements.— The plan required under subsection (a) shall include proposals to—
improve efforts of Department personnel at foreign locations, as necessary, for purposes of providing foreign partner capacity development and furthering the Department’s mission;
as appropriate, redeploy Department personnel to respond to changing threats to the United States, consistent with the limits on the resources of the Department;
enhance collaboration among Department personnel at foreign locations, other Federal personnel at foreign locations, and foreign partners;
improve the communication of information between Department personnel at foreign locations and Department entities in the United States, including to address technical, resource, and administrative challenges; and
maintain practices to guard against counter-espionage threats associated with Department personnel.
SEC. 204. Termination.
The briefing requirement under section 202 shall terminate on the date that is 4 years after the submission of the strategy referred to in subsection (a) of such section.
SEC. 205. Definitions.
TITLE III Synthetic Opioid Exposure Prevention and Training Act
SEC. 301. Short Title.
This title may be cited as the “Synthetic Opioid Exposure Prevention and Training Act”.
SEC. 302. Protection Against Potential Synthetic Opioid Exposure Within U.s. Customs and Border Protection.
In General.— Subtitle B of title IV of the Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by inserting after section 415 the following new section:
“SEC. 416. PROTECTION AGAINST POTENTIAL SYNTHETIC OPIOID EXPOSURE.
“(a) In General.—The Commissioner of U.S. Customs and Border Protection shall issue a policy that specifies effective protocols and procedures for the safe handling of potential synthetic opioids, including fentanyl, by U.S. Customs and Border Protection officers, agents, other personnel, and canines, and to reduce the risk of injury or death resulting from accidental exposure and enhance post-exposure management.
“(b) Training.—
“(1) In general.—Together with the issuance of the policy described in subsection (a), the Commissioner of U.S. Customs and Border Protection shall require mandatory and recurrent training on the following:
“(A) The potential risk of opioid exposure and safe handling procedures for potential synthetic opioids, including precautionary measures such as the use of personal protective equipment during such handling.
“(B) How to access and administer opioid receptor antagonists, including naloxone, post-exposure to potential synthetic opioids.
“(2) Integration.—The training described in paragraph (1) may be integrated into existing training under section 411(l) for U.S. Customs and Border Protection officers, agents, and other personnel.
“(c) Personal Protective Equipment and Opioid Receptor Antagonists.—Together with the issuance of the policy described in subsection (a), the Commissioner of U.S. Customs and Border Protection shall ensure the availability of personal protective equipment and opioid receptor antagonists, including naloxone, to all U.S. Customs and Border Protection officers, agents, other personnel, and canines at risk of accidental exposure to synthetic opioids.
“(d) Oversight.—To ensure effectiveness of the policy described in subsection (a)—
“(1) the Commissioner of U.S. Customs and Border Protection shall regularly monitor the efficacy of the implementation of such policy and adjust protocols and procedures, as necessary; and
“(2) the Inspector General of the Department shall audit compliance with the requirements of this section not less than once during the 3-year period after the date of the enactment of this section.”
Clerical Amendment.— The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 415 the following new item:
“Sec. 416. Protection against potential synthetic opioid exposure.”.
TITLE IV Construction Consensus Procurement Improvement Act of 2020
SEC. 401. Short Title.
This title may be cited as the “Construction Consensus Procurement Improvement Act of 2020”.
SEC. 402. Prohibition on Use of a Reverse Auction for the Award of a Contract for Design and Construction Services.
Finding.— Congress finds that, in contrast to a traditional auction in which the buyers bid up the price, sellers bid down the price in a reverse auction.
Prohibition.— Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to prohibit the use of reverse auctions for awarding contracts for design and construction services.
Definitions.— In this section:
The term “design and construction services” means—
site planning and landscape design;
architectural and engineering services (as defined in section 1102 of title 40, United States Code);
interior design;
performance of substantial construction work for facility, infrastructure, and environmental restoration projects;
delivery and supply of construction materials to construction sites; or
construction or substantial alteration of public buildings or public works.
The term “reverse auction” means, with respect to any procurement by an executive agency—
a real-time auction conducted through an electronic medium among 2 or more offerors who compete by submitting bids for a supply or service contract, or a delivery order, task order, or purchase order under the contract, with the ability to submit revised lower bids at any time before the closing of the auction; and
the award of the contract, delivery order, task order, or purchase order to the offeror is solely based on the price obtained through the auction process.
TITLE V Oversight.gov
SEC. 501. Establishment and Maintenance of Oversight.gov; Authorization of Funds.
In General.— Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:
“(e) Oversight.gov.—
“(1) Definition.—In this subsection, the term ‘Office of Inspector General’ means the Office of—
“(A) an Inspector General described in subparagraph (A), (B), or (I) of subsection (b)(1);
“(B) the Special Inspector General for Afghanistan Reconstruction established under section 1229 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 379);
“(C) the Special Inspector General for the Troubled Asset Relief Plan established under section 121 of title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231); and
“(D) the Special Inspector General for Pandemic Recovery established under section 4018 of the CARES Act (15 U.S.C. 9053).
“(2) Establishment.—The Council shall establish and maintain a website entitled ‘oversight.gov’—
“(A) to consolidate all public reports from each Office of Inspector General to improve the access of the public to any audit report, inspection report, or evaluation report (or portion of any such report) made by an Office of Inspector General; and
“(B) that shall include any additional resources, information, and enhancements as the Council determines are necessary or desirable.
“(3) Participation of offices of inspectors general.—Each Office of Inspector General that publishes an audit report, inspection report, or evaluation report (or portion of any such report) on the website of the Office of Inspector General shall, or in the case of the office of an Inspector General described in subparagraph (I) of subsection (b)(1) may, contemporaneously publish the report or portion thereof on oversight.gov in a manner prescribed by the Council.”
Authorization of Appropriations.— For the purposes of carrying out the mission of the Council of the Inspectors General on Integrity and Efficiency under section 11 of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by subsection (a), there are authorized to be appropriated into the revolving fund described in subsection (c)(3)(B) of such section $3,500,000 for fiscal year 2021, to remain available until expended, to carry out the duties and functions of the Council.
Effective Date.— This Act and the amendments made by this Act shall take effect on the date that is 30 days after the date of receipt by the Council of the Inspectors General on Integrity and Efficiency of an appropriation for the implementation of this Act.
TITLE VI Counter Threats Advisory Board Act of 2019
SEC. 601. Short Title.
This title may be cited as the “Counter Threats Advisory Board Act of 2019”.
SEC. 602. Department of Homeland Security Counter Threats Advisory Board.
In General.— Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by inserting after section 210E the following:
“SEC. 210F. DEPARTMENTAL COORDINATION ON COUNTER THREATS.
“(a) Establishment.—There is authorized in the Department, for a period of 2 years beginning after the date of enactment of this section, a Counter Threats Advisory Board (in this section referred to as the ‘Board’) which shall—
“(1) be composed of senior representatives of departmental operational components and headquarters elements; and
“(2) coordinate departmental intelligence activities and policy and information related to the mission and functions of the Department that counter threats.
“(b) Charter.—There shall be a charter to govern the structure and mission of the Board, which shall—
“(1) direct the Board to focus on the current threat environment and the importance of aligning departmental activities to counter threats under the guidance of the Secretary; and
“(2) be reviewed and updated as appropriate.
“(c) Members.—
“(1) In general.—The Board shall be composed of senior representatives of departmental operational components and headquarters elements.
“(2) Chair.—The Under Secretary for Intelligence and Analysis shall serve as the Chair of the Board.
“(3) Members.—The Secretary shall appoint additional members of the Board from among the following:
“(A) The Transportation Security Administration.
“(B) U.S. Customs and Border Protection.
“(C) U.S. Immigration and Customs Enforcement.
“(D) The Federal Emergency Management Agency.
“(E) The Coast Guard.
“(F) U.S. Citizenship and Immigration Services.
“(G) The United States Secret Service.
“(H) The Cybersecurity and Infrastructure Security Agency.
“(I) The Office of Operations Coordination.
“(J) The Office of the General Counsel.
“(K) The Office of Intelligence and Analysis.
“(L) The Office of Strategy, Policy, and Plans.
“(M) The Science and Technology Directorate.
“(N) The Office for State and Local Law Enforcement.
“(O) The Privacy Office.
“(P) The Office for Civil Rights and Civil Liberties.
“(Q) Other departmental offices and programs as determined appropriate by the Secretary.
“(d) Meetings.—The Board shall—
“(1) meet on a regular basis to discuss intelligence and coordinate ongoing threat mitigation efforts and departmental activities, including coordination with other Federal, State, local, tribal, territorial, and private sector partners; and
“(2) make recommendations to the Secretary.
“(e) Terrorism Alerts.—The Board shall advise the Secretary on the issuance of terrorism alerts under section 203.
“(f) Prohibition on Additional Funds.—No additional funds are authorized to carry out this section.”
Technical and Conforming Amendment.— The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2135) is amended by inserting after the item relating to section 210E the following:
“Sec. 210F. Departmental coordination on counter threats.”.
Report.— Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security, acting through the Chair of the Counter Threats Advisory Board established under section 210F of the Homeland Security Act of 2002, as added by subsection (a), shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the status and activities of the Counter Threats Advisory Board.
Notice.— The Secretary of Homeland Security shall provide written notification to and brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on any changes to or introductions of new mechanisms to coordinate threats across the Department of Homeland Security.
TITLE VII Dhs Countering Unmanned Aircraft Systems Coordinator Act
SEC. 701. Dhs Countering Unmanned Aircraft Systems Coordinator Act.
Short Title.— This title may be cited as the “DHS Countering Unmanned Aircraft Systems Coordinator Act”.
Countering Unmanned Aircraft Systems Coordinator.—
In general.— Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following new section:
“SEC. 321. COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR.
“(a) Coordinator.—
“(1) In general.—The Secretary shall designate an individual in a Senior Executive Service position (as defined in section 3132 of title 5, United States Code) of the Department within the Office of Strategy, Policy, and Plans as the Countering Unmanned Aircraft Systems Coordinator (in this section referred to as the ‘Coordinator’) and provide appropriate staff to carry out the responsibilities of the Coordinator.
“(2) Responsibilities.—The Coordinator shall—
“(A) oversee and coordinate with relevant Department offices and components, including the Office of Civil Rights and Civil Liberties and the Privacy Office, on the development of guidance and regulations to counter threats associated with unmanned aircraft systems (in this section referred to as ‘UAS’) as described in section 210G;
“(B) promote research and development of counter UAS technologies in coordination within the Science and Technology Directorate;
“(C) coordinate with the relevant components and offices of the Department, including the Office of Intelligence and Analysis, to ensure the sharing of information, guidance, and intelligence relating to countering UAS threats, counter UAS threat assessments, and counter UAS technology, including the retention of UAS and counter UAS incidents within the Department;
“(D) serve as the Department liaison, in coordination with relevant components and offices of the Department, to the Department of Defense, Federal, State, local, and Tribal law enforcement entities, and the private sector regarding the activities of the Department relating to countering UAS;
“(E) maintain the information required under section 210G(g)(3); and
“(F) carry out other related counter UAS authorities and activities under section 210G, as directed by the Secretary.
“(b) Coordination With Applicable Federal Laws.—The Coordinator shall, in addition to other assigned duties, coordinate with relevant Department components and offices to ensure testing, evaluation, or deployment of a system used to identify, assess, or defeat a UAS is carried out in accordance with applicable Federal laws.
“(c) Coordination With Private Sector.—The Coordinator shall, among other assigned duties, working with the Office of Partnership and Engagement and other relevant Department offices and components, or other Federal agencies, as appropriate, serve as the principal Department official responsible for sharing to the private sector information regarding counter UAS technology, particularly information regarding instances in which counter UAS technology may impact lawful private sector services or systems.”
Technical and conforming amendment.— The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2135) is amended by inserting after the item relating to section 320 the following:
“Sec. 321. Countering Unmanned Aircraft Systems Coordinator.”.
TITLE VIII Whistleblower Protection
SEC. 801. Protection Against Reprisal for Federal Subgrantee Employees.
Section 4712 of title 41, United States Code, is amended—
in subsection (a)(2)(G), by striking “ or grantee” and inserting “ grantee, or subgrantee”;
in subsection (a)(3)(A), by striking “ contractor, subcontractor, or grantee” and inserting “ contractor, subcontractor, grantee, or subgrantee”;
in subsection (b)(1), by striking “ contractor or grantee” and inserting “ contractor, subcontractor, grantee, or subgrantee”;
in subsection (c), by striking “ contractor or grantee” each place it appears and inserting “ contractor, subcontractor, grantee, or subgrantee”;
in subsection (d), by striking “ and grantees” and inserting “ grantees, and subgrantees”; and
in subsection (f), by striking “ or grantee” each place it appears and inserting “ grantee, or subgrantee”.
TITLE IX Dotgov Act of 2020
SEC. 901. Short Title.
This title may be cited as the “DOTGOV Online Trust in Government Act of 2020” or the “DOTGOV Act of 2020”.
SEC. 902. Findings.
Congress finds that—
the .gov internet domain reflects the work of United States innovators in inventing the internet and the role that the Federal Government played in guiding the development and success of the early internet;
the .gov internet domain is a unique resource of the United States that reflects the history of innovation and global leadership of the United States;
when online public services and official communications from any level and branch of government use the .gov internet domain, they are easily recognized as official and difficult to impersonate;
the citizens of the United States deserve online public services that are safe, recognizable, and trustworthy;
the .gov internet domain should be available at no cost or a negligible cost to any Federal, State, local, or territorial government-operated or publicly controlled entity, including any Tribal government recognized by the Federal Government or a State government, for use in their official services, operations, and communications;
the .gov internet domain provides a critical service to those Federal, State, local, Tribal, and territorial governments; and
the .gov internet domain should be operated transparently and in the spirit of public accessibility, privacy, and security.
SEC. 903. Definitions.
In this Act—
the term “Administrator” means the Administrator of General Services;
the term “agency” has the meaning given the term in section 3502 of title 44, United States Code;
the term “Director” means the Director of the Cybersecurity and Infrastructure Security Agency;
the term “online service” means any internet-facing service, including a website, email, a virtual private network, or a custom application; and
the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.
SEC. 904. Duties of Department of Homeland Security.
Purpose.— The purpose of the .gov internet domain program is to—
legitimize and enhance public trust in government entities and their online services;
facilitate trusted electronic communication and connections to and from government entities;
provide simple and secure registration of .gov internet domains;
improve the security of the services hosted within these .gov internet domains, and of the .gov namespace in general; and
enable the discoverability of government services to the public and to domain registrants.
Duties and Authorities Relating to the .gov Internet Domain.—
In general.— Subtitle A of title XXII of the Homeland Security Act (6 U.S.C. 651 et seq.) is amended—
in section 2202(c) (6 U.S.C. 652(c))—
in paragraph (10), by striking “ and” at the end;
by redesignating paragraph (11) as paragraph (12); and
by inserting after paragraph (10) the following:
“(11) carry out the duties and authorities relating to the .gov internet domain, as described in section 2215; and”
; and
by adding at the end the following:
“SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET DOMAIN.
“(a) Definition.—In this section, the term ‘agency’ has the meaning given the term in section 3502 of title 44, United States Code.
“(b) Availability of .gov Internet Domain.—The Director shall make .gov internet domain name registration services, as well as any supporting services described in subsection (e), generally available—
“(1) to any Federal, State, local, or territorial government entity, or other publicly controlled entity, including any Tribal government recognized by the Federal Government or a State government, that complies with the requirements for registration developed by the Director as described in subsection (c);
“(2) without conditioning registration on the sharing of any information with the Director or any other Federal entity, other than the information required to meet the requirements described in subsection (c); and
“(3) without conditioning registration on participation in any separate service offered by the Director or any other Federal entity.
“(c) Requirements.—The Director, with the approval of the Director of the Office of Management and Budget for agency .gov internet domain requirements and in consultation with the Director of the Office of Management and Budget for .gov internet domain requirements for entities that are not agencies, shall establish and publish on a publicly available website requirements for the registration and operation of .gov internet domains sufficient to—
“(1) minimize the risk of .gov internet domains whose names could mislead or confuse users;
“(2) establish that .gov internet domains may not be used for commercial or political campaign purposes;
“(3) ensure that domains are registered and maintained only by authorized individuals; and
“(4) limit the sharing or use of any information obtained through the administration of the .gov internet domain with any other Department component or any other agency for any purpose other than the administration of the .gov internet domain, the services described in subsection (e), and the requirements for establishing a .gov inventory described in subsection (h).
“(d) Executive Branch.—
“(1) In general.—The Director of the Office of Management and Budget shall establish applicable processes and guidelines for the registration and acceptable use of .gov internet domains by agencies.
“(2) Approval required.—The Director shall obtain the approval of the Director of the Office of Management and Budget before registering a .gov internet domain name for an agency.
“(3) Compliance.—Each agency shall ensure that any website or digital service of the agency that uses a .gov internet domain is in compliance with the 21st Century IDEA Act (44 U.S.C. 3501 note) and implementation guidance issued pursuant to that Act.
“(e) Supporting Services.—
“(1) In general.—The Director may provide services to the entities described in subsection (b)(1) specifically intended to support the security, privacy, reliability, accessibility, and speed of registered .gov internet domains.
“(2) Rule of construction.—Nothing in paragraph (1) shall be construed to—
“(A) limit other authorities of the Director to provide services or technical assistance to an entity described in subsection (b)(1); or
“(B) establish new authority for services other than those the purpose of which expressly supports the operation of .gov internet domains and the needs of .gov internet domain registrants.
“(f) Fees.—
“(1) In general.—The Director may provide any service relating to the availability of the .gov internet domain program, including .gov internet domain name registration services described in subsection (b) and supporting services described in subsection (e), to entities described in subsection (b)(1) with or without reimbursement, including variable pricing.
“(2) Limitation.—The total fees collected for new .gov internet domain registrants or annual renewals of .gov internet domains shall not exceed the direct operational expenses of improving, maintaining, and operating the .gov internet domain, .gov internet domain services, and .gov internet domain supporting services.
“(g) Consultation.—The Director shall consult with the Director of the Office of Management and Budget, the Administrator of General Services, other civilian Federal agencies as appropriate, and entities representing State, local, Tribal, or territorial governments in developing the strategic direction of the .gov internet domain and in establishing requirements under subsection (c), in particular on matters of privacy, accessibility, transparency, and technology modernization.
“(h) .gov Inventory.—
“(1) In general.—The Director shall, on a continuous basis—
“(A) inventory all hostnames and services in active use within the .gov internet domain; and
“(B) provide the data described in subparagraph (A) to domain registrants at no cost.
“(2) Requirements.—In carrying out paragraph (1)—
“(A) data may be collected through analysis of public and non-public sources, including commercial data sets;
“(B) the Director shall share with Federal and non-Federal domain registrants all unique hostnames and services discovered within the zone of their registered domain;
“(C) the Director shall share any data or information collected or used in the management of the .gov internet domain name registration services relating to Federal executive branch registrants with the Director of the Office of Management and Budget for the purpose of fulfilling the duties of the Director of the Office of Management and Budget under section 3553 of title 44, United States Code;
“(D) the Director shall publish on a publicly available website discovered hostnames that describe publicly accessible agency websites, to the extent consistent with the security of Federal information systems but with the presumption of disclosure;
“(E) the Director may publish on a publicly available website any analysis conducted and data collected relating to compliance with Federal mandates and industry best practices, to the extent consistent with the security of Federal information systems but with the presumption of disclosure; and
“(F) the Director shall—
“(i) collect information on the use of non-.gov internet domain suffixes by agencies for their official online services;
“(ii) collect information on the use of non-.gov internet domain suffixes by State, local, Tribal, and territorial governments; and
“(iii) publish the information collected under clause (i) on a publicly available website to the extent consistent with the security of the Federal information systems, but with the presumption of disclosure.
“(3) National security coordination.—
“(A) In general.—In carrying out this subsection, the Director shall inventory, collect, and publish hostnames and services in a manner consistent with the protection of national security information.
“(B) Limitation.—The Director may not inventory, collect, or publish hostnames or services under this subsection if the Director, in coordination with other heads of agencies, as appropriate, determines that the collection or publication would—
“(i) disrupt a law enforcement investigation;
“(ii) endanger national security or intelligence activities;
“(iii) impede national defense activities or military operations; or
“(iv) hamper security remediation actions.
“(4) Strategy.—Not later than 180 days after the date of enactment of this section, the Director shall develop and submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Rules and Administration of the Senate and the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on House Administration of the House of Representatives a strategy to utilize the information collected under this subsection for countering malicious cyber activity.”
Additional duties.—
Outreach strategy.— Not later than 1 year after the date of enactment of this Act, the Director, in consultation with the Administrator and entities representing State, local, Tribal, or territorial governments, shall develop and submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Rules and Administration of the Senate and the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on House Administration of the House of Representatives an outreach strategy to local, Tribal, and territorial governments and other publicly controlled entities as determined by the Director to inform and support migration to the .gov internet domain, which shall include—
stakeholder engagement plans; and
information on how migrating information technology systems to the .gov internet domain is beneficial to that entity, including benefits relating to cybersecurity and the supporting services offered by the Federal Government.
Reference guide.— Not later than 1 year after the date of enactment of this Act, the Director, in consultation with the Administrator and entities representing State, local, Tribal, or territorial governments, shall develop and publish on a publicly available website a reference guide for migrating online services to the .gov internet domain, which shall include—
process and technical information on how to carry out a migration of common categories of online services, such as web and email services;
best practices for cybersecurity pertaining to registration and operation of a .gov internet domain; and
references to contract vehicles and other private sector resources vetted by the Director that may assist in performing the migration.
Security enhancement plan.— Not later than 1 year after the date of enactment of this Act, the Director shall develop and submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Rules and Administration of the Senate and the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on House Administration of the House of Representatives a .gov internet domain security enhancement strategy and implementation plan on how to improve the cybersecurity benefits of the .gov internet domain during the 5-year period following the date of enactment of this Act, which shall include—
a modernization plan for the information systems that support operation of the .gov top-level internet domain, such as the registrar portal, and how these information systems will remain current with evolving security trends;
a modernization plan for the structure of the .gov program and any supporting contracts, and how the program and contracts can remain flexible over time so as to take advantage of emerging technology and cybersecurity developments; and
an outline of specific security enhancements the .gov program intends to provide to users during that 5-year period.
Technical and conforming amendment.— The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–196; 116 Stat. 2135) is amended by inserting after the item relating to section 2214 the following:
“Sec. 2215. Duties and authorities relating to .gov internet domain.”.
Homeland Security Grants.— Section 2008(a) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)) is amended—
in paragraph (13), by striking “ and” at the end;
by redesignating paragraph (14) as paragraph (15); and
by inserting after paragraph (13) the following:
“(14) migrating any online service (as defined in section 3 of the DOTGOV Online Trust in Government Act of 2020) to the .gov internet domain; and”
SEC. 905. Report.
Not later than 1 year after the date of enactment of this Act, and every 2 years thereafter for 4 years, the Director shall submit a report to or conduct a detailed briefing for the Committee on Homeland Security and Governmental Affairs and the Committee on Rules and Administration of the Senate and the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on House Administration of the House of Representatives on the status of—
the outreach strategy described in section 904(b)(2)(A);
the security enhancement strategy and implementation plan described in section 904(b)(2)(C);
the inventory described in 2215(f) of the Homeland Security Act of 2002, as added by section 904(b) of this Act;
the supporting services described in section 2215(c)(1) of the Homeland Security Act of 2002, as added by section 904(b) of this Act; and
the development, assessment, and determination of the amount of any fees imposed on new .gov internet domain registrants or annual renewals of .gov internet domains in accordance with section 2215(d) of the Homeland Security Act of 2002, as added by section 904(b) of this Act.
SEC. 906. Research and Development.
Not later than 1 year after the date of enactment of this Act, the Under Secretary for Science and Technology of the Department shall conduct a study and submit to the Director a report on mechanisms for improving the cybersecurity benefits of the .gov internet domain, including—
how information systems support operation of the .gov top-level internet domain, such as the registrar portal, and how these information systems can remain current with evolving security trends;
how the structure of the .gov internet domain program can take advantage of emerging technology and cybersecurity developments; and
additional mechanisms to improve the cybersecurity of the .gov internet domain.
SEC. 907. Transition.
There shall be transferred to the Director the .gov internet domain program, as operated by the General Services Administration under title 41, Code of Federal Regulations, on the date on which the Director begins operational administration of the .gov internet domain program, in accordance with subsection (c).
Not later than 30 days after the date of enactment of this Act, the Director shall submit a plan for the operational and contractual transition of the .gov internet domain program to the Committee on Homeland Security and Governmental Affairs and the Committee on Rules and Administration of the Senate and the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on House Administration of the House of Representatives.
Not later than 120 days after the date of enactment of this Act, the Director shall begin operationally administering the .gov internet domain program, and shall publish on a publicly available website the requirements for domain registrants as described in section 2215(b) of the Homeland Security Act of 2002, as added by section 904(b) of this Act.
On the date on which the Director begins operational administration of the .gov internet domain program, in accordance with subsection (c), the Administrator shall rescind the requirements in part 102–173 of title 41, Code of Federal Regulations.
During the 5-year period beginning on the date of enactment of this Act, any fee charged to entities that are not agencies for new .gov internet domain registrants or annual renewals of .gov internet domains shall be not more than the amount of the fee charged for such registration or renewal as of October 1, 2019.
TITLE X Real Id Modernization Act
SEC. 1001. Real Id Modernization.
Short Title.— This title may be cited as the “REAL ID Modernization Act”.
REAL ID Act Amendments.—
Definitions.— Section 201 of the REAL ID Act of 2005 (division B of Public Law 109–13; 49 U.S.C. 30301 note) is amended—
in paragraph (1)—
by striking “ The term ‘driver’s license’ means” and inserting the following:
“(A) means”
; and
by striking “ Code.” and inserting the following:
“(B) includes driver’s licenses stored or accessed via electronic means, such as mobile or digital driver’s licenses, which have been issued in accordance with regulations prescribed by the Secretary.”
; and
in paragraph (2)—
by striking “ The term ‘identification card’ means” and inserting the following:
“(A) means”
; and
by striking “ State.” and inserting the following:
“(B) includes identification cards stored or accessed via electronic means, such as mobile or digital identification cards, which have been issued in accordance with regulations prescribed by the Secretary.”
Minimum requirements for federal recognition.— Section 202 of the REAL ID Act of 2005 (division B of Public Law 109–13; 49 U.S.C. 30301 note) is amended—
in the section heading, by striking “ document”;
in subsection (a)—
in paragraph (2), by striking “ , in consultation with the Secretary of Transportation,”; and
by adding at the end the following:
“(3) Limitation.—The presentation of digital information from a mobile or digital driver’s license or identification card to an official of a Federal agency for an official purpose may not be construed to grant consent for such Federal agency to seize the electronic device on which the license or card is stored or to examine any other information contained on such device.”
in subsection (b)—
in the subsection heading, by striking “ Document” and inserting “ Driver’s License and Identification Card”;
in the matter preceding paragraph (1), by inserting “ , or as part of,” after “ features on”;
in paragraph (5), by inserting “ , which may be the photograph taken by the State at the time the person applies for a driver’s license or identification card or may be a digital photograph of the person that is already on file with the State” before the period at the end;
in paragraph (6), by striking “ principle” and inserting “ principal”; and
in paragraph (8)—
by striking “ Physical security” and inserting “ Security”; and
by striking “ document” and inserting “ driver’s license or identification card”;
in subsection (c)—
in paragraph (1)(C), by striking “ Proof of the” and inserting “ The”;
by redesignating paragraph (3) as paragraph (4);
by inserting after paragraph (2) the following:
“(3) Electronic presentation of identity and lawful status information.—A State may accept information required under paragraphs (1) and (2) through the use of electronic transmission methods if—
“(A) the Secretary issues regulations regarding such electronic transmission that—
“(i) describe the categories of information eligible for electronic transmission; and
“(ii) include measures—
“(I) to ensure the authenticity of the information transmitted;
“(II) to protect personally identifiable information; and
“(III) to detect and prevent identity fraud; and
“(B) the State certifies to the Department of Homeland Security that its use of such electronic methods complies with regulations issued by the Secretary.”
; and
in paragraph (4)(A), as redesignated, by striking “ each document” and inserting “ the information and documentation”; and
in subsection (d)—
in paragraph (7), by striking “ document materials and papers” and inserting “ materials, records, and data”;
in paragraph (8), by striking “ security clearance requirements” and inserting “ background checks”; and
in paragraph (9), by striking “ fraudulent document recognition” and inserting “ fraud detection and prevention”.
Repeal of grants to states.— The REAL ID Act of 2005 (division B of Public Law 109–13; 49 U.S.C. 30301 note) is amended by striking section 204.
Notification of real id act of 2005 requirements.— The REAL ID Act of 2005 (division B of Public Law 109–13; 49 U.S.C. 30301 note) is amended by adding at the end the following:
“SEC. 208. NOTIFICATION OF REQUIREMENTS AND DEADLINES.
“During the 15-month period beginning 90 days before the date on which Federal agencies will no longer accept, for official purposes, driver’s licenses and identification cards that do not comply with the requirements under section 202, aircraft operators and third party reservation entities shall notify passengers about the requirements and enforcement deadlines under this Act.”
Immediate Burden Reduction Measures.— Notwithstanding any other provision of law (including regulations), beginning on the date of the enactment of this Act, a State does not need to require an applicant for a driver’s license or identification card to provide separate documentation of the applicant’s Social Security account number in order to comply with the requirements of the REAL ID Act of 2005 (division B of Public Law 109–13; 49 U.S.C. 30301 note).
TITLE XI Southwest Border Security Technology Improvement Act of 2020
SEC. 1101. Short Title.
This title may be cited as the “Southwest Border Security Technology Improvement Act of 2020”.
SEC. 1102. Definitions.
In this Act:
Appropriate congressional committees.— The term “appropriate congressional committees” means—
the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Committee on Homeland Security of the House of Representatives.
Department.— The term “Department” means the Department of Homeland Security.
Secretary.— The term “Secretary” means the Secretary of Homeland Security.
Southwest border.— The term “Southwest border” means the international land border between the United States and Mexico, including the ports of entry along such border.
SEC. 1103. Southern Border Technology Needs Analysis and Updates.
Technology Needs Analysis.— Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit, to the appropriate congressional committees, a technology needs analysis for border security technology along the Southwest border.
Contents.— The analysis required under subsection (a) shall include an assessment of—
the technology needs and gaps along the Southwest border—
to prevent terrorists and instruments of terror from entering the United States;
to combat and reduce cross-border criminal activity, including, but not limited to—
the transport of illegal goods, such as illicit drugs; and
human smuggling and human trafficking; and
to facilitate the flow of legal trade across the Southwest border;
recent technological advancements in—
manned aircraft sensor, communication, and common operating picture technology;
unmanned aerial systems and related technology, including counter-unmanned aerial system technology;
surveillance technology, including—
mobile surveillance vehicles;
associated electronics, including cameras, sensor technology, and radar;
tower-based surveillance technology;
advanced unattended surveillance sensors; and
deployable, lighter-than-air, ground surveillance equipment;
nonintrusive inspection technology, including non-X-ray devices utilizing muon tomography and other advanced detection technology;
tunnel detection technology; and
communications equipment, including—
radios;
long-term evolution broadband; and
miniature satellites;
any other technological advancements that the Secretary determines to be critical to the Department’s mission along the Southwest border;
whether the use of the technological advances described in paragraphs (2) and (3) will—
improve border security;
improve the capability of the Department to accomplish its mission along the Southwest border;
reduce technology gaps along the Southwest border; and
enhance the safety of any officer or agent of the Department or any other Federal agency;
the Department’s ongoing border security technology development efforts, including efforts by—
U.S. Customs and Border Protection;
the Science and Technology Directorate; and
the technology assessment office of any other operational component;
the technology needs for improving border security, such as—
information technology or other computer or computing systems data capture;
biometrics;
cloud storage; and
intelligence data sharing capabilities among agencies within the Department;
any other technological needs or factors, including border security infrastructure, such as physical barriers or dual-purpose infrastructure, that the Secretary determines should be considered; and
currently deployed technology or new technology that would improve the Department’s ability—
to reasonably achieve operational control and situational awareness along the Southwest border; and
to collect metrics for securing the border at and between ports of entry, as required under subsections (b) and (c) of section 1092 of division A of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 223).
Updates.—
In general.— Not later than 2 years after the submission of the analysis required under subsection (a), and biannually thereafter for the following 4 years, the Secretary shall submit an update to such analysis to the appropriate congressional committees.
Contents.— Each update required under paragraph (1) shall include a plan for utilizing the resources of the Department to meet the border security technology needs and gaps identified pursuant to subsection (b), including developing or acquiring technologies not currently in use by the Department that would allow the Department to bridge existing border technology gaps along the Southwest border.
Items to Be Considered.— In compiling the technology needs analysis and updates required under this section, the Secretary shall consider and examine—
technology that is deployed and is sufficient for the Department’s use along the Southwest border;
technology that is deployed, but is insufficient for the Department’s use along the Southwest border; and
technology that is not deployed, but is necessary for the Department’s use along the Southwest border;
current formal departmental requirements documentation examining current border security threats and challenges faced by any component of the Department;
trends and forecasts regarding migration across the Southwest border;
the impact on projected staffing and deployment needs for the Department, including staffing needs that may be fulfilled through the use of technology;
the needs and challenges faced by employees of the Department who are deployed along the Southwest border;
the need to improve cooperation among Federal, State, tribal, local, and Mexican law enforcement entities to enhance security along the Southwest border;
the privacy implications of existing technology and the acquisition and deployment of new technologies and supporting infrastructure, with an emphasis on how privacy risks might be mitigated through the use of technology, training, and policy;
the impact of any ongoing public health emergency that impacts Department operations along the Southwest border; and
the ability of, and the needs for, the Department to assist with search and rescue efforts for individuals or groups that may be in physical danger or in need of medical assistance.
Classified Form.— To the extent possible, the Secretary shall submit the technology needs analysis and updates required under this section in unclassified form, but may submit such documents, or portions of such documents, in classified form if the Secretary determines that such action is appropriate.