IB 

Union Calendar No. 226 

114TH CONGRESS 

1ST SESSION H. R. 3572 

[Report No. 114–297] 

To amend the Homeland Security Act of 2002 to reform, streamline, and 

make improvements to the Department of Homeland Security and support the Department’s efforts to implement better policy, planning, management, and performance, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2015 

Mr. MCCAUL (for himself and Mr. THOMPSON of Mississippi) introduced the 

following bill; which was referred to the Committee on Homeland Security 

OCTOBER 20, 2015 

Additional sponsor: Mrs. WATSON COLEMAN

OCTOBER 20, 2015 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on September 18, 2015] 


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A BILL 

To amend the Homeland Security Act of 2002 to reform, 

streamline, and make improvements to the Department 

of Homeland Security and support the Department’s efforts to implement better policy, planning, management, 

and performance, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘DHS Headquarters Reform and Improvement Act of 

6 2015’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is the following: 

Sec. 1. Short title; table of contents. 

TITLE I—DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS 

REAUTHORIZATION 

Sec. 101. Definitions. 

Sec. 102. Headquarters components. 

Sec. 103. Chief Privacy Officer. 

Sec. 104. Office of Policy. 

Sec. 105. Quadrennial homeland security review. 

Sec. 106. Future years homeland security program. 

Sec. 107. Management and execution. 

Sec. 108. Chief Financial Officer. 

Sec. 109. Chief Procurement Officer. 

Sec. 110. Chief Information Officer. 

Sec. 111. Chief Human Capital Officer. 

Sec. 112. Chief Security Officer. 

Sec. 113. Cost savings and efficiency reviews. 

Sec. 114. Field efficiencies plan. 

Sec. 115. Resources to respond to operational surges. 

Sec. 116. Department of Homeland Security rotation program. 

TITLE II—DHS ACQUISITION ACCOUNTABILITY AND EFFICIENCY 

Sec. 201. Definitions. 

Sec. 202. Prohibition on additional authorization of appropriations. 

Subtitle A—Acquisition Authorities 

Sec. 211. Acquisition authorities for Under Secretary for Management. 

Sec. 212. Acquisition authorities for Chief Financial Officer. 

Sec. 213. Acquisition authorities for Chief Information Officer. 

Sec. 214. Requirements to ensure greater accountability for acquisition programs. 

Subtitle B—Acquisition Program Management Discipline 

Sec. 221. Acquisition Review Board. 

Sec. 222. Requirements to reduce duplication in acquisition programs. 

Sec. 223. Government Accountability Office review of Board and of requirements 

to reduce duplication in acquisition programs. 


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Sec. 224. Excluded Party List System waivers. 

Sec. 225. Inspector General oversight of suspension and debarment. 

Subtitle C—Acquisition Program Management Accountability and 

Transparency 

Sec. 231. Congressional notification and other requirements for major acquisition 

program breach. 

Sec. 232. Multiyear acquisition strategy. 

Sec. 233. Acquisition reports. 

Sec. 234. Government Accountability Office review of multiyear acquisition strategy. 

Sec. 235. Office of Inspector General report. 

1 TITLE I—DEPARTMENT OF 

2 HOMELAND SECURITY HEAD3 QUARTERS REAUTHORIZA4 TION 

5 SEC. 101. DEFINITIONS. 

6 Section 2 of the Homeland Security Act of 2002 is 

7 amended— 

8 (1) by redesignating paragraphs (13) through 

9 (18) as paragraphs (15) through (20); 

10 (2) by redesignating paragraphs (9) through (12) 

11 as paragraphs (10) through (13); 

12 (3) by inserting after paragraph (8) the fol13 lowing: 

14 ‘‘(9) The term ‘homeland security enterprise’ 

15 means relevant governmental and nongovernmental 

16 entities involved in homeland security, including Fed17 eral, State, local, and tribal government officials, pri18 vate sector representatives, academics, and other pol19 icy experts.’’; and 


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1 (4) by inserting after paragraph (13), as so re2 designated, the following: 

3 ‘‘(14) The term ‘management integration and 

4 transformation’— 

5 ‘‘(A) means the development of consistent 

6 and consolidated functions for information tech7 nology, financial management, acquisition man8 agement, and human capital management; and 

9 ‘‘(B) includes governing processes and pro10 cedures, management systems, personnel activi11 ties, budget and resource planning, training, real 

12 estate management, and provision of security, as 

13 they relate to functions cited in subparagraph 

14 (A).’’. 

15 SEC. 102. HEADQUARTERS COMPONENTS. 

16 (a) IN GENERAL.—Section 102 of the Homeland Secu17 rity Act of 2002 (6 U.S.C. 112) is amended— 

18 (1) in subsection (c)— 

19 (A) in the matter preceding paragraph (1), 

20 by striking ‘‘through the Office of State and 

21 Local Coordination (established under section 

22 801)’’ and inserting ‘‘through the Office of Part23 nership and Engagement’’; 

24 (B) in paragraph (2), by striking ‘‘and’’ 

25 after the semicolon at the end; 


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1 (C) in paragraph (3), by striking the period 

2 and inserting ‘‘; and’’; and 

3 (D) by adding at the end the following: 

4 ‘‘(4) entering into agreements with governments 

5 of other countries, in consultation with the Secretary 

6 of State, and international nongovernmental organi7 zations in order to achieve the missions of the Depart8 ment.’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(h) HEADQUARTERS.— 

11 ‘‘(1) COMPONENTS.—The Department Head12 quarters shall include the following: 

13 ‘‘(A) The Office of the Secretary. 

14 ‘‘(B) The Office of the Deputy Secretary. 

15 ‘‘(C) The Executive Secretariat. 

16 ‘‘(D) The Management Directorate, includ17 ing the Office of the Chief Financial Officer. 

18 ‘‘(E) The Office of Policy. 

19 ‘‘(F) The Office of General Counsel. 

20 ‘‘(G) The Office of the Chief Privacy Officer. 

21 ‘‘(H) The Office of Civil Rights and Civil 

22 Liberties. 

23 ‘‘(I) The Office of Operations and Coordina24 tion and Planning. 

25 ‘‘(J) The Office of Intelligence and Analysis. 


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1 ‘‘(K) The Office of Legislative Affairs. 

2 ‘‘(L) The Office of Public Affairs. 

3 ‘‘(2) FUNCTIONS.—The Secretary, through the 

4 Headquarters, shall— 

5 ‘‘(A) establish the Department’s overall 

6 strategy for successfully completing its mission; 

7 ‘‘(B) establish initiatives that improve per8 formance Department-wide; 

9 ‘‘(C) establish mechanisms to ensure that 

10 components of the Department comply with 

11 Headquarters policies and fully implement the 

12 Secretary’s strategies and initiatives and require 

13 the head of each component of the Department 

14 and component chief officers to comply with such 

15 policies and implement such strategies and ini16 tiatives; 

17 ‘‘(D) establish annual operational and 

18 management objectives to determine the Depart19 ment’s performance; 

20 ‘‘(E) ensure that the Department success21 fully meets operational and management per22 formance objectives through conducting oversight 

23 of component agencies; 


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1 ‘‘(F) ensure that the strategies, priorities, 

2 investments, and workforce of Department agen3 cies align with Department objectives; 

4 ‘‘(G) establish and implement policies re5 lated to Department ethics and compliance 

6 standards; 

7 ‘‘(H) manage and encourage shared services 

8 across Department components; 

9 ‘‘(I) lead and coordinate interaction with 

10 Congress and other external organizations; and 

11 ‘‘(J) carry out other such functions as the 

12 Secretary determines are appropriate.’’. 

13 (b) ABOLISHMENT OF DIRECTOR OF SHARED SERV14 ICES.— 

15 (1) ABOLISHMENT.—The position of Director of 

16 Shared Services is abolished. 

17 (2) CONFORMING AMENDMENT.—Section 475 of 

18 the Homeland Security Act of 2002 (6 U.S.C. 295), 

19 and the item relating to such section in the table of 

20 contents in section 1(b) of such Act, are repealed. 

21 (c) ABOLISHMENT OF THE OFFICE OF COUNTER22 NARCOTICS ENFORCEMENT.— 

23 (1) ABOLISHMENT.—The Office of Counter24 narcotics Enforcement is abolished. 


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1 (2) CONFORMING AMENDMENTS.—The Homeland 

2 Security Act of 2002 is amended— 

3 (A) by repealing section 878 (6 U.S.C. 112), 

4 and the item relating to that section in the table 

5 of contents in section 1(b) of such Act; and 

6 (B) in subparagraph (B) of section 

7 843(b)(1) (6 U.S.C. 413(b)(1)), by striking 

8 ‘‘by—’’ and all that follows through the end of 

9 that subparagraph and inserting ‘‘by the Sec10 retary; and’’. 

11 SEC. 103. CHIEF PRIVACY OFFICER. 

12 (a) IN GENERAL.—Section 222 of the Homeland Secu13 rity Act of 2002 (6 U.S.C. 142) is amended— 

14 (1) in subsection (a)— 

15 (A) in the matter preceding paragraph 

16 (1)— 

17 (i) by inserting ‘‘to be the Chief Pri18 vacy Officer of the Department,’’ after ‘‘in 

19 the Department,’’; and 

20 (ii) by striking ‘‘, to assume’’ and in21 serting ‘‘and who shall have’’; 

22 (B) by amending paragraph (6) to read as 

23 follows: 

24 ‘‘(6) preparing a report to Congress on an an25 nual basis on— 


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1 ‘‘(A) activities of the Department that affect 

2 privacy, including complaints of privacy viola3 tions, implementation of section 554 of title 5, 

4 United States Code (popularly known as the Pri5 vacy Act of 1974), internal controls, and other 

6 matters; and 

7 ‘‘(B) the number of new technology pro8 grams implemented in the Department each fis9 cal year, the number of those programs that the 

10 Chief Privacy Officer has evaluated to ensure 

11 that privacy protections are considered and im12 plemented, the number of those programs that ef13 fectively implemented privacy protections into 

14 new technology programs, and an explanation of 

15 why any new programs did not effectively imple16 ment privacy protections.’’; 

17 (3) by redesignating subsections (b) through (e) 

18 as subsections (c) through (f); and 

19 (4) by inserting after subsection (a) the fol20 lowing: 

21 ‘‘(b) ADDITIONAL RESPONSIBILITIES.—In addition to 

22 the responsibilities under subsection (a), the Chief Privacy 

23 Officer shall— 


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1 ‘‘(1) develop guidance to assist components of the 

2 Department in developing privacy policies and prac3 tices; 

4 ‘‘(2) establish a mechanism to ensure such com5 ponents are in compliance with Federal, regulatory, 

6 statutory, and the Department’s privacy require7 ments, mandates, directives, and policy; 

8 ‘‘(3) work with the Chief Information Officer of 

9 the Department to identify methods for managing 

10 and overseeing the Department’s records, management 

11 policies, and procedures; 

12 ‘‘(4) work with components and offices of the De13 partment to ensure that information sharing activi14 ties incorporate privacy protections; 

15 ‘‘(5) serve as the Department’s central office for 

16 managing and processing requests related to section 

17 552 of title 5, United States Code, popularly known 

18 as the Freedom of Information Act; 

19 ‘‘(6) develop public guidance on procedures to be 

20 followed when making requests for information under 

21 section 552 of title 5, United States Code; 

22 ‘‘(7) oversee the management and processing of 

23 requests for information under section 552 of title 5, 

24 United States Code, within Department Headquarters 

25 and relevant Department component offices; 


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1 ‘‘(8) identify and eliminate unnecessary and du2 plicative actions taken by the Department in the 

3 course of processing requests for information under 

4 section 552 of title 5, United States Code; and 

5 ‘‘(9) carry out such other responsibilities as the 

6 Secretary determines are appropriate, consistent with 

7 this section.’’; and 

8 (5) by adding at the end the following: 

9 ‘‘(g) REASSIGNMENT OF FUNCTIONS.—The Secretary 

10 may reassign the functions related to managing and proc11 essing requests for information under section 552 of title 

12 5, United States Code, to another officer within the Depart13 ment, consistent with requirements of that section.’’. 

14 SEC. 104. OFFICE OF POLICY. 

15 (a) IN GENERAL.—The Homeland Security Act of 

16 2002 (6 U.S.C. 101 et seq.) is amended by— 

17 (1) redesignating section 601 as section 890B, 

18 and transferring that section to appear immediately 

19 after section 890A; and 

20 (2) striking the heading for title VI and insert21 ing the following: 


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1 ‘‘TITLE VI—POLICY AND 

2 PLANNING 

3 ‘‘SEC. 601. OFFICE OF POLICY. 

4 ‘‘(a) ESTABLISHMENT OF OFFICE.—There shall be in 

5 the Department an Office of Policy. The Office of Policy 

6 shall be headed by an Under Secretary for Policy, who shall 

7 be appointed by the President, by and with the advice and 

8 consent of the Senate. 

9 ‘‘(b) MISSION.—The mission of the Office of Policy is 

10 to lead, conduct, and coordinate Department-wide policy, 

11 strategic planning, and relationships with organizations or 

12 persons that are not part of the Department. 

13 ‘‘(c) COMPONENTS OF OFFICE.—The Office of Policy 

14 shall include the following components: 

15 ‘‘(1) The Office of Partnership and Engagement 

16 under section 602. 

17 ‘‘(2) The Office of International Affairs under 

18 section 603. 

19 ‘‘(3) The Office of Policy Implementation under 

20 section 604. 

21 ‘‘(4) The Office of Strategy and Planning under 

22 section 605. 

23 ‘‘(d) RESPONSIBILITIES OF THE UNDER SEC24 RETARY.—Subject to the direction and control of the Sec25 retary, the Under Secretary for Policy shall— 


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1 ‘‘(1) serve as the principal policy advisor to the 

2 Secretary; 

3 ‘‘(2) coordinate with the Under Secretary for 

4 Management and the General Counsel of the Depart5 ment to ensure that development of the Department’s 

6 budget is compatible with the priorities, strategic 

7 plans, and policies established by the Secretary, in8 cluding those priorities identified through the Quad9 rennial Homeland Security Review required under 

10 section 707; 

11 ‘‘(3) incorporate relevant feedback from, and 

12 oversee and coordinate relationships with, organiza13 tions and other persons that are not part of the De14 partment to ensure effective communication of outside 

15 stakeholders’ perspectives to components of the De16 partment; 

17 ‘‘(4) establish a process to ensure that organiza18 tions and other persons that are not part of the De19 partment can communicate with Department compo20 nents without compromising adherence by the officials 

21 of such components to the Department’s ethics and 

22 policies; 

23 ‘‘(5) manage and coordinate the Department’s 

24 international engagement activities; 


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1 ‘‘(6) advise, inform, and assist the Secretary on 

2 the impact of the Department’s policy, processes, and 

3 actions on State, local, tribal, and territorial govern4 ments; 

5 ‘‘(7) oversee the Department’s engagement and 

6 development of partnerships with nonprofit organiza7 tions and academic institutions; 

8 ‘‘(8) administer the Homeland Security Advisory 

9 Council and make studies available to the Committee 

10 on Homeland Security of the House of Representa11 tives and the Committee on Homeland Security and 

12 Governmental Affairs of the Senate on an annual 

13 basis; and 

14 ‘‘(9) carry out such other responsibilities as the 

15 Secretary determines are appropriate, consistent with 

16 this section. 

17 ‘‘(e) COORDINATION BY DEPARTMENT COMPONENTS.— 

18 ‘‘(1) IN GENERAL.—To ensure consistency with 

19 the Secretary’s policy priorities, the head of each com20 ponent of the Department shall coordinate with the 

21 Office of Policy, as appropriate, in establishing new 

22 policies or strategic planning guidance. 

23 ‘‘(2) INTERNATIONAL ACTIVITIES.— 

24 ‘‘(A) FOREIGN NEGOTIATIONS.—Each com25 ponent of the Department shall coordinate with 


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1 the Under Secretary for Policy plans and efforts 

2 of the component before pursuing negotiations 

3 with foreign governments, to ensure consistency 

4 with the Department’s policy priorities. 

5 ‘‘(B) NOTICE OF INTERNATIONAL TRAVEL BY

6 SENIOR OFFICERS.—Each component of the De7 partment shall notify the Under Secretary for 

8 Policy of the international travel of senior offi9 cers of the Department. 

10 ‘‘(f) ASSIGNMENT OF PERSONNEL.—The Secretary 

11 shall assign to the Office of Policy permanent staff and, 

12 as appropriate and consistent with sections 506(c)(2), 821, 

13 and 888(d), other appropriate personnel detailed from other 

14 components of the Department to carry out the responsibil15 ities under this section. 

16 ‘‘(g) DEPUTY UNDER SECRETARY FOR POLICY.— 

17 ‘‘(1) IN GENERAL.—The Secretary may— 

18 ‘‘(A) establish within the Department of 

19 Homeland Security a position, to be called the 

20 Deputy Under Secretary for Policy, to support 

21 the Under Secretary for Policy in carrying out 

22 the Under Secretary’s responsibilities; and 

23 ‘‘(B) appoint a career employee to such po24 sition. 


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1 ‘‘(2) LIMITATION ON ESTABLISHMENT OF DEPUTY

2 UNDER SECRETARY POSITIONS.—A Deputy Under 

3 Secretary position (or any substantially similar posi4 tion) within the Department of Homeland Security 

5 may not be established except for the position pro6 vided for by paragraph (1) unless the Secretary of 

7 Homeland Security receives prior authorization from 

8 Congress. 

9 ‘‘(3) DEFINITIONS.—For purposes of paragraph 

10 (1)— 

11 ‘‘(A) the term ‘career employee’ means any 

12 employee (as that term is defined in section 2105 

13 of title 5, United States Code), but does not in14 clude a political appointee; and 

15 ‘‘(B) the term ‘political appointee’ means 

16 any employee who occupies a position which has 

17 been excepted from the competitive service by 

18 reason of its confidential, policy-determining, 

19 policy-making, or policy-advocating character. 

20 ‘‘SEC. 602. OFFICE OF PARTNERSHIP AND ENGAGEMENT. 

21 ‘‘(a) IN GENERAL.—There shall be in the Office of Pol22 icy an Office of Partnership and Engagement. 

23 ‘‘(b) HEAD OF OFFICE.—The Secretary shall appoint 

24 an Assistant Secretary for Partnership and Engagement to 

25 serve as the head of the Office. 


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1 ‘‘(c) RESPONSIBILITIES.—The Assistant Secretary for 

2 Partnership and Engagement shall— 

3 ‘‘(1) lead the coordination of Department-wide 

4 policies relating to the role of State and local law en5 forcement in preventing, preparing for, protecting 

6 against, and responding to natural disasters, acts of 

7 terrorism, and other man-made disasters within the 

8 United States; 

9 ‘‘(2) serve as a liaison between State, local, and 

10 tribal law enforcement agencies and the Department, 

11 including through consultation with such agencies re12 garding Department programs that may impact such 

13 agencies; 

14 ‘‘(3) coordinate with the Office of Intelligence 

15 and Analysis to certify the intelligence and informa16 tion sharing requirements of State, local, and tribal 

17 law enforcement agencies are being addressed; 

18 ‘‘(4) work with the Administrator to ensure that 

19 law enforcement and terrorism-focused grants to 

20 State, local, and tribal government agencies, includ21 ing grants under sections 2003 and 2004, the Com22 mercial Equipment Direct Assistance Program, and 

23 other grants administered by the Department to sup24 port fusion centers and law enforcement-oriented proVerDate Sep 11 2014 22:07 Oct 20, 2015 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6203 E:\BILLS\H3572.RH H3572

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1 grams, are appropriately focused on terrorism preven2 tion activities; 

3 ‘‘(5) coordinate with the Science and Technology 

4 Directorate, the Federal Emergency Management 

5 Agency, the Department of Justice, the National In6 stitute of Justice, law enforcement organizations, and 

7 other appropriate entities to support the development, 

8 promulgation, and updating, as necessary, of na9 tional voluntary consensus standards for training 

10 and personal protective equipment to be used in a 

11 tactical environment by law enforcement officers; 

12 ‘‘(6) create and foster strategic communications 

13 with the private sector to enhance the primary mis14 sion of the Department to protect the American home15 land; 

16 ‘‘(7) advise the Secretary on the impact of the 

17 Department’s policies, regulations, processes, and ac18 tions on the private sector; 

19 ‘‘(8) interface with other relevant Federal agen20 cies with homeland security missions to assess the im21 pact of these agencies’ actions on the private sector; 

22 ‘‘(9) create and manage private sector advisory 

23 councils composed of representatives of industries and 

24 associations designated by the Secretary to— 


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1 ‘‘(A) advise the Secretary on private sector 

2 products, applications, and solutions as they re3 late to homeland security challenges; 

4 ‘‘(B) advise the Secretary on homeland se5 curity policies, regulations, processes, and ac6 tions that affect the participating industries and 

7 associations; and 

8 ‘‘(C) advise the Secretary on private sector 

9 preparedness issues, including effective methods 

10 for— 

11 ‘‘(i) promoting voluntary preparedness 

12 standards to the private sector; and 

13 ‘‘(ii) assisting the private sector in 

14 adopting voluntary preparedness standards; 

15 ‘‘(10) promote existing public-private partner16 ships and developing new public-private partnerships 

17 to provide for collaboration and mutual support to 

18 address homeland security challenges; 

19 ‘‘(11) assist in the development and promotion of 

20 private sector best practices to secure critical infra21 structure; 

22 ‘‘(12) provide information to the private sector 

23 regarding voluntary preparedness standards and the 

24 business justification for preparedness and promoting 


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1 to the private sector the adoption of voluntary pre2 paredness standards; 

3 ‘‘(13) coordinate industry efforts, with respect to 

4 functions of the Department of Homeland Security, to 

5 identify private sector resources and capabilities that 

6 could be effective in supplementing Federal, State, 

7 and local government agency efforts to prevent or re8 spond to a terrorist attack; 

9 ‘‘(14) coordinate with the Commissioner of Cus10 toms and Border Protection and the appropriate sen11 ior official of the Department of Commerce on issues 

12 related to the travel and tourism industries; 

13 ‘‘(15) coordinate the activities of the Department 

14 relating to State and local government; 

15 ‘‘(16) assess, and advocate for, the resources 

16 needed by State and local governments to implement 

17 the national strategy for combating terrorism; 

18 ‘‘(17) provide State and local governments with 

19 regular information, research, and technical support 

20 to assist local efforts at securing the homeland; 

21 ‘‘(18) develop a process for receiving meaningful 

22 input from State and local governments to assist the 

23 development of the national strategy for combating 

24 terrorism and other homeland security activities; and 


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1 ‘‘(19) perform such other functions as are estab2 lished by law or delegated to such Assistant Secretary 

3 by the Under Secretary for Policy. 

4 ‘‘SEC. 603. OFFICE OF INTERNATIONAL AFFAIRS. 

5 ‘‘(a) IN GENERAL.—There shall be in the Office of Pol6 icy an Office of International Affairs. 

7 ‘‘(b) HEAD OF OFFICE.—The Secretary shall appoint 

8 an Assistant Secretary for International Affairs to serve as 

9 the head of the Office and as the chief diplomatic officer 

10 of the Department. 

11 ‘‘(c) FUNCTIONS.— 

12 ‘‘(1) IN GENERAL.—The Assistant Secretary for 

13 International Affairs shall— 

14 ‘‘(A) coordinate international activities 

15 within the Department, including activities car16 ried out by the components of the Department, 

17 in consultation with other Federal officials with 

18 responsibility for counterterrorism and homeland 

19 security matters; 

20 ‘‘(B) advise, inform, and assist the Sec21 retary with respect to the development and im22 plementation of Departmental policy priorities, 

23 including strategic priorities for the deployment 

24 of assets, including personnel, outside the United 

25 States; 


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1 ‘‘(C) develop, in consultation with the 

2 Under Secretary for Management, guidance for 

3 selecting, assigning, training, and monitoring 

4 overseas deployments of Department personnel, 

5 including minimum standards for 

6 predeployment training; 

7 ‘‘(D) develop and update, in coordination 

8 with all components of the Department engaged 

9 in international activities, a strategic plan for 

10 the international activities of the Department, 

11 establish a process for managing its implementa12 tion, and establish mechanisms to monitor the 

13 alignment between assets, including personnel, 

14 deployed by the Department outside the United 

15 States and the plan required by this subpara16 graph; 

17 ‘‘(E) develop and distribute guidance on 

18 Department policy priorities for overseas activi19 ties to personnel deployed overseas, that, at a 

20 minimum, sets forth the regional and national 

21 priorities being advanced by their deployment, 

22 and establish mechanisms to foster better coordi23 nation of Department personnel, programs, and 

24 activities deployed outside the United States; 


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1 ‘‘(F) maintain awareness regarding the 

2 international travel of senior officers of the De3 partment and their intent to pursue negotiations 

4 with foreign government officials, and review re5 sulting draft agreements; 

6 ‘‘(G) develop, in consultation with the com7 ponents of the Department, including, as appro8 priate, with the Under Secretary for the Science 

9 and Technology Directorate, programs to support 

10 the overseas programs conducted by the Depart11 ment, including training, technical assistance, 

12 and equipment to ensure that Department per13 sonnel deployed abroad have proper resources 

14 and receive adequate and timely support; 

15 ‘‘(H) conduct the exchange of homeland se16 curity information, in consultation with the 

17 Under Secretary of the Office of Intelligence and 

18 Analysis, and best practices relating to homeland 

19 security with foreign nations that, in the deter20 mination of the Secretary, reciprocate the shar21 ing of such information in a substantially simi22 lar manner; 

23 ‘‘(I) submit information to the Under Sec24 retary for Policy for oversight purposes, includ25 ing preparation of the quadrennial homeland seVerDate Sep 11 2014 22:07 Oct 20, 2015 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\H3572.RH H3572

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1 curity review and on the status of overseas ac2 tivities, including training and technical assist3 ance and information exchange activities and the 

4 Department’s resources dedicated to these activi5 ties; 

6 ‘‘(J) promote, when appropriate, and over7 see the exchange of education, training, and in8 formation with nations friendly to the United 

9 States in order to share best practices relating to 

10 homeland security; and 

11 ‘‘(K) perform such other functions as are es12 tablished by law or delegated by the Under Sec13 retary for Policy. 

14 ‘‘(2) INVENTORY OF ASSETS DEPLOYED

15 ABROAD.—For each fiscal year, the Assistant Sec16 retary for International Affairs, in coordination with 

17 the Under Secretary for Management, shall provide to 

18 the Committee on Homeland Security of the House of 

19 Representatives and the Committee on Homeland Se20 curity and Governmental Affairs of the Senate with 

21 the annual budget request for the Department, an an22 nual accounting of all assets of the Department, in23 cluding personnel, deployed outside the United States 

24 on behalf of the Department. 


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1 ‘‘(3) STANDARDIZED FRAMEWORK FOR COST

2 DATA.—The Assistant Secretary for International Af3 fairs shall utilize a standardized framework to collect 

4 and maintain comparable cost data for all assets of 

5 the Department, including personnel, deployed outside 

6 the United States to prepare the annual accounting 

7 required by paragraph (2). 

8 ‘‘(4) EXCLUSIONS.—This subsection does not 

9 apply to international activities related to the protec10 tive mission of the United States Secret Service, or to 

11 the Coast Guard when operating under the direct au12 thority of the Secretary of Defense or the Secretary of 

13 the Navy. 

14 ‘‘SEC. 604. OFFICE OF POLICY IMPLEMENTATION. 

15 ‘‘(a) IN GENERAL.—There shall be in the Office of Pol16 icy an Office of Policy Implementation. 

17 ‘‘(b) HEAD OF OFFICE.—The Secretary shall appoint 

18 a Director of the Office of Policy Implementation to serve 

19 as the head of the Office. 

20 ‘‘(c) RESPONSIBILITIES.—The Director of the Office of 

21 Policy Implementation shall lead, conduct, coordinate, and 

22 provide overall direction and supervision of Department23 wide policy development for the programs, offices, and ac24 tivities of the Department, in consultation with relevant ofVerDate Sep 11 2014 22:07 Oct 20, 2015 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\H3572.RH H3572

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1 ficials of the Department, to ensure quality, consistency, 

2 and integration across the Department, as appropriate. 

3 ‘‘SEC. 605. OFFICE OF STRATEGY AND PLANNING. 

4 ‘‘(a) IN GENERAL.—There shall be in the Office of Pol5 icy of the Department an Office of Strategy and Planning. 

6 ‘‘(b) HEAD OF OFFICE.—The Secretary shall appoint 

7 a Director of the Office of Strategy and Planning who shall 

8 serve as the head of the Office. 

9 ‘‘(c) RESPONSIBILITIES.—The Director of the Office of 

10 Strategy and Planning shall— 

11 ‘‘(1) lead and conduct long-term Department12 wide strategic planning, including the Quadrennial 

13 Homeland Security Review and planning guidance 

14 for the Department, and translate the Department’s 

15 statutory responsibilities, strategic plans, and long16 term goals into risk-based policies and procedures 

17 that improve operational effectiveness; and 

18 ‘‘(2) develop strategies to address unconventional 

19 threats to the homeland.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents in 

21 section 1(b) of such Act is amended— 

22 (1) by striking the items relating to title VI and 

23 inserting the following: 

‘‘TITLE VI—POLICY AND PLANNING 

‘‘Sec. 601. Office of Policy. 

‘‘Sec. 602. Office of Partnership and Engagement. 

‘‘Sec. 603. Office of International Affairs. 


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‘‘Sec. 604. Office of Policy Implementation. 

‘‘Sec. 605. Office of Strategy and Planning.’’. 

1 (2) by inserting after the item relating to section 

2 890A the following: 

‘‘Sec. 890B. Treatment of charitable trusts for members of the Armed Forces of 

the United States and other governmental organizations.’’. 

3 (c) APPOINTMENT OF UNDER SECRETARY FOR POLICY; 

4 CONTINUATION OF SERVICE OF ASSISTANT SECRETARY.— 

5 (1) TIME OF APPOINTMENT.—The President may 

6 appoint an Under Secretary for Policy under section 

7 601 of the Homeland Security Act of 2002, as amend8 ed by this Act, only on or after January 20, 2017. 

9 (2) HEAD OF OFFICE PENDING APPOINTMENT.— 

10 The individual serving as the Assistant Secretary for 

11 Policy of the Department of Homeland Security on 

12 the date of the enactment of this Act, or their suc13 cessor, may continue to serve as an Assistant Sec14 retary and as the head of the Office of Policy estab15 lished by such section, until the date on which the 

16 Under Secretary for Policy is appointed under such 

17 section in accordance with paragraph (1). 

18 (d) APPOINTMENT OF ASSISTANT SECRETARY FOR

19 INTERNATIONAL AFFAIRS; ABOLISHMENT OF EXISTING OF20 FICE.— 

21 (1) TIME OF APPOINTMENT.—The Secretary of 

22 Homeland Security may appoint an Assistant Sec23 retary for International Affairs under section 602 of 


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1 the Homeland Security Act of 2002, as amended by 

2 this Act, only on or after January 20, 2017. 

3 (2) HEAD OF OFFICE PENDING APPOINTMENT.— 

4 The individual serving as the Assistant Secretary for 

5 International Affairs of the Department of Homeland 

6 Security on the date of the enactment of this Act, or 

7 their successor, may continue to serve as a Deputy 

8 Assistant Secretary and as the head of the Office of 

9 International Affairs established by such section, until 

10 the date the Under Secretary for Policy is appointed 

11 under such section in accordance with paragraph (1). 

12 (3) ABOLISHMENT OF EXISTING OFFICE..— 

13 (A) IN GENERAL.—The Office of Inter14 national Affairs within the Office of the Sec15 retary is abolished. 

16 (B) TRANSFER OF ASSETS AND PER17 SONNEL.—The assets and personnel associated 

18 with such Office are transferred to the head of 

19 the Office of International Affairs provided for 

20 by section 603 of the Homeland Security Act of 

21 2002, as amended by this Act. 

22 (C) CONFORMING AMENDMENT.—Section 

23 879 of the Homeland Security Act of 2002 (6 

24 U.S.C. 459), and the item relating to such sec25 tion in section 1(b) of such Act, are repealed. 


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1 (e) ABOLISHMENT OF OFFICE FOR STATE AND LOCAL

2 LAW ENFORCEMENT.— 

3 (1) IN GENERAL.—The Office for State and 

4 Local Law Enforcement of the Department of Home5 land Security is abolished. 

6 (2) TRANSFER OF FUNCTIONS, ASSETS, AND PER7 SONNEL.—The functions authorized to be performed 

8 by such office immediately before the enactment of 

9 this Act, and the assets and personnel associated with 

10 such functions, are transferred to the head of the Of11 fice of Partnership and Engagement provided for by 

12 section 602 of the Homeland Security Act of 2002, as 

13 amended by this Act. 

14 (3) CONFORMING AMENDMENT.—Subsection (b) 

15 of section 2006 of the Homeland Security Act of 2002 

16 (6 U.S.C. 607) is repealed. 

17 (f) ABOLISHMENT OF OFFICE FOR STATE AND LOCAL

18 GOVERNMENT COORDINATION.— 

19 (1) IN GENERAL.—The Office for State and 

20 Local Government Coordination of the Department of 

21 Homeland Security is abolished. 

22 (2) TRANSFER OF FUNCTIONS AND ASSETS.—The 

23 functions authorized to be performed by such office 

24 immediately before the enactment of this Act, and the 

25 assets and personnel associated with such functions, 


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1 are transferred to the head of Office of Partnership 

2 and Engagement provided for by section 602 of the 

3 Homeland Security Act of 2002, as amended by this 

4 Act. 

5 (3) CONFORMING AMENDMENTS.—Section 801 of 

6 the Homeland Security Act of 2002 (6 U.S.C. 631), 

7 and the item relating to that section in the table of 

8 contents in section 1(b) of such Act, are repealed. 

9 (g) ABOLISHMENT OF SPECIAL ASSISTANT TO THE

10 SECRETARY.— 

11 (1) IN GENERAL.—The Special Assistant to the 

12 Secretary authorized by section 102(f) of the Home13 land Security Act of 2002, as in effect immediately 

14 before the enactment of this Act (6 U.S.C. 112(f)), is 

15 abolished. 

16 (2) TRANSFER OF FUNCTIONS AND ASSETS.—The 

17 functions authorized to be performed by such Special 

18 Assistant to the Secretary immediately before the en19 actment of this Act, and the assets and personnel as20 sociated with such functions, are transferred to the 

21 head of the Office of Partnership and Engagement 

22 provided for by section 602 of the Homeland Security 

23 Act of 2002, as amended by this Act. 


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1 (3) CONFORMING AMENDMENT.—Section 102(f) 

2 of the Homeland Security Act of 2002 (6 U.S.C. 

3 112(f)) is repe¶aled. 

4 (h) CONFORMING AMENDMENTS RELATING TO ASSIST5 ANT SECRETARIES.—Section 103(a) of the Homeland Secu6 rity Act of 2002 (6 U.S.C. 113(a)) is amended— 

7 (1) in paragraph (1), by striking subparagraph 

8 (I) and redesignating subparagraph (J) as subpara9 graph (I); and 

10 (2) by amending paragraph (2) to read as fol11 lows: 

12 ‘‘(2) ASSISTANT SECRETARIES.— 

13 ‘‘(A) ADVICE AND CONSENT APPOINT14 MENTS.—The Department shall have the fol15 lowing Assistant Secretaries appointed by the 

16 President, by and with the advice and consent of 

17 the Senate: 

18 ‘‘(i) The Assistant Secretary, U.S. Im19 migration and Customs Enforcement. 

20 ‘‘(ii) The Assistant Secretary, Trans21 portation Security Administration. 

22 ‘‘(B) OTHER PRESIDENTIAL APPOINT23 MENTS.—The Department shall have the fol24 lowing Assistant Secretaries appointed by the 

25 President: 


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1 ‘‘(i) The Assistant Secretary, Infra2 structure Protection. 

3 ‘‘(ii) The Assistant Secretary, Office of 

4 Public Affairs. 

5 ‘‘(iii) The Assistant Secretary, Office of 

6 Legislative Affairs. 

7 ‘‘(C) SECRETARIAL APPOINTMENTS.—The 

8 Department shall have the following Assistant 

9 Secretaries appointed by the Secretary: 

10 ‘‘(i) The Assistant Secretary, Office of 

11 Cybersecurity and Communications. 

12 ‘‘(ii) The Assistant Secretary for Inter13 national Affairs under section 602. 

14 ‘‘(iii) The Assistant Secretary for Part15 nership and Engagement under section 603. 

16 ‘‘(D) LIMITATION ON CREATION OF POSI17 TIONS.—No Assistant Secretary position may be 

18 created in addition to the positions provided for 

19 by this section unless such position is authorized 

20 by a statute enacted after the date of the enact21 ment of the DHS Headquarters Reform and Im22 provement Act of 2015.’’. 

23 (i) HOMELAND SECURITY ADVISORY COUNCIL.—Sec24 tion 102(b) of the Homeland Security Act of 2002 (6 U.S.C. 

25 112(b)) is amended by striking ‘‘and’’ after the semicolon 


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1 at the end of paragraph (2), striking the period at the end 

2 of paragraph (3) and inserting ‘‘; and’’, and adding at the 

3 end the following: 

4 ‘‘(4) shall establish a Homeland Security Advi5 sory Council to provide advice and recommendations 

6 on homeland-security-related matters.’’. 

7 (j) PROHIBITION ON NEW OFFICES.—No new office 

8 may be created to perform functions transferred by this sec9 tion, other than as provided in section 601 of the Homeland 

10 Security Act of 2002, as amended by this Act, unless the 

11 Secretary of Homeland Security receives prior authoriza12 tion from Congress permitting such change. 

13 (k) DEFINITIONS.—In this section each of the terms 

14 ‘‘functions’’, ‘‘assets’’, and ‘‘personnel’’ has the meaning 

15 that term has under section 2 of the Homeland Security 

16 Act of 2002 (6 U.S.C. 101). 

17 (l) DUPLICATION REVIEW.—The Secretary of Home18 land Security shall— 

19 (1) within 1 year after the date of the enactment 

20 of this Act, complete a review of the international af21 fairs offices, functions, and responsibilities of the com22 ponents of the Department of Homeland Security, to 

23 identify and eliminate areas of unnecessary duplica24 tion; and 


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1 (2) within 30 days after the completion of such 

2 review, provide the results of the review to the Com3 mittee on Homeland Security of the House of Rep4 resentatives and the Committee on Homeland Secu5 rity and Governmental Affairs of the Senate. 

6 SEC. 105. QUADRENNIAL HOMELAND SECURITY REVIEW. 

7 Section 707 of the Homeland Security Act of 2002 (6 

8 U.S.C. 347) is amended— 

9 (1) in subsection (a)— 

10 (A) by amending paragraph (1) to read as 

11 follows: 

12 ‘‘(1) REVIEW REQUIRED.—In fiscal year 2017, 

13 and every 4 years thereafter, the Secretary shall con14 duct a review of the homeland security of the Nation 

15 (in this section referred to as a ‘quadrennial home16 land security review’). Such review shall be conducted 

17 so that it is completed, and the report under sub18 section (c) is issued, by no later than December 31, 

19 2017, and by December 31 of every fourth year there20 after.’’; and 

21 (B) in paragraph (3) by striking ‘‘The Sec22 retary shall conduct each quadrennial homeland 

23 security review under this subsection in consulta24 tion with’’ and inserting ‘‘In order to ensure 

25 that each quadrennial homeland security review 


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1 conducted under this section is coordinated with 

2 the quadrennial defense review conducted by the 

3 Secretary of Defense under section 118 of title 

4 10, United States Code, and any other major 

5 strategic review relating to diplomacy, intel6 ligence, or other national security issues, the Sec7 retary shall conduct and obtain information and 

8 feedback from entities of the homeland security 

9 enterprise through’’; 

10 (2) in subsection (b)— 

11 (A) in paragraph (5), by striking ‘‘and’’ 

12 after the semicolon at the end; 

13 (B) in paragraph (6), by striking the period 

14 and inserting ‘‘; and’’; and 

15 (C) by adding after paragraph (6) the fol16 lowing: 

17 ‘‘(7) leverage analytical tools and resources de18 veloped as part of the quadrennial homeland security 

19 review to support the Department’s ongoing programs 

20 and missions.’’; 

21 (3) in subsection (c)(2)— 

22 (A) by striking ‘‘and’’ after the semicolon at 

23 the end of subparagraph (H); 

24 (B) by redesignating subparagraph (I) as 

25 subparagraph (L); and 


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1 (C) by inserting after subparagraph (H) the 

2 following: 

3 ‘‘(I) a description of how the conclusions 

4 under the quadrennial homeland security review 

5 will inform efforts to develop capabilities and 

6 build capacity of States, local governments, In7 dian tribes, and private entities, and of individ8 uals, families, and communities; 

9 ‘‘(J) as appropriate, proposed changes to 

10 the authorities, organization, governance struc11 ture, or business processes (including acquisition 

12 processes) of the Department in order to better 

13 fulfill responsibilities of the Department; 

14 ‘‘(K) where appropriate, a classified annex, 

15 including materials prepared pursuant to section 

16 306 of title 5, relating to the preparation of an 

17 agency strategic plan, to satisfy, in whole or in 

18 part, the reporting requirements of this para19 graph; and’’. 

20 SEC. 106. FUTURE YEARS HOMELAND SECURITY PROGRAM. 

21 Section 874 of the Homeland Security Act of 2002 (6 

22 U.S.C. 454) is amended— 

23 (1) by amending subsection (a) to read as fol24 lows: 


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1 ‘‘(a) IN GENERAL.—Not later than the 30 days fol2 lowing the date of each fiscal year on which the budget of 

3 the President is submitted to Congress under section 

4 1105(a) of title 31, United States Code, the Secretary shall 

5 submit to the Committee on Homeland Security of the 

6 House of Representatives and the Committee on Homeland 

7 Security and Governmental Affairs of the Senate a Future 

8 Years Homeland Security Program that provides detailed 

9 estimates of the projected expenditures and corresponding 

10 requests for appropriations included in that budget. The 

11 Future Years Homeland Security Program shall cover the 

12 fiscal year for which the budget is submitted and the 4 suc13 ceeding fiscal years.’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(d) CONSISTENCY OF BUDGET REQUEST WITH ESTI16 MATES.—For each fiscal year, the Secretary shall ensure 

17 that the projected amounts specified in program and budget 

18 information for the Department submitted to Congress in 

19 support of the President’s budget request are consistent with 

20 the estimated expenditures and proposed appropriations 

21 necessary to support the programs, projects, and activities 

22 of the Department included in the budget pursuant to sec23 tion 1105(a)(5) of title 31, United States Code. 

24 ‘‘(e) EXPLANATION OF ALIGNMENT WITH STRATEGIES

25 AND PLANS.—Together with the detailed estimates of the 


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1 projected expenditures and corresponding requests for ap2 propriations submitted for the Future Years Homeland Se3 curity Program, the Secretary shall provide an explanation 

4 of how those estimates and requests align with the homeland 

5 security strategies and plans developed and updated as ap6 propriate by the Secretary. Such explanation shall include 

7 an evaluation of the organization, organizational structure, 

8 governance structure, and business processes (including ac9 quisition processes) of the Department, to ensure that the 

10 Department is able to meet its responsibilities. 

11 ‘‘(f) PROJECTION OF ACQUISITION ESTIMATES.—Each 

12 Future Years Homeland Security Program shall project— 

13 ‘‘(1) acquisition estimates for a period of 5 fiscal 

14 years, with specified estimates for each fiscal year, for 

15 major acquisition programs by the Department and 

16 each component therein, including modernization and 

17 sustainment expenses; and 

18 ‘‘(2) estimated annual deployment schedules for 

19 major acquisition programs over the 5-fiscal-year pe20 riod. 

21 ‘‘(g) CONTINGENCY AMOUNTS.—Nothing in this section 

22 shall be construed as prohibiting the inclusion in the Future 

23 Years Homeland Security Program of amounts for manage24 ment contingencies, subject to the requirements of subsection 

25 (b). 


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1 ‘‘(h) CLASSIFIED OR SENSITIVE ANNEX.—The Sec2 retary may include with each submission under this section 

3 a classified or sensitive annex containing any information 

4 required to be submitted under this section that is restricted 

5 from public disclosure in accordance with Federal law, in6 cluding information that is determined to be Sensitive Se7 curity Information under section 537 of the Department of 

8 Homeland Security Appropriations Act, 2006 (6 U.S.C. 

9 114) to Congress in a classified or sensitive annex. 

10 ‘‘(i) AVAILABILITY OF INFORMATION TO THE PUB11 LIC.—The Secretary shall make available to the public in 

12 electronic form the information required to be submitted to 

13 Congress under this section, other than information de14 scribed in subsection (h).’’. 

15 SEC. 107. MANAGEMENT AND EXECUTION. 

16 Section 701 of the Homeland Security Act of 2002 (6 

17 U.S.C. 341) is amended by striking subsections (a) and (b) 

18 and inserting the following: 

19 ‘‘(a) IN GENERAL.—Subject to the direction and con20 trol of the Secretary, the Under Secretary for Management 

21 shall serve as the following: 

22 ‘‘(1) The Chief Management Officer for all mat23 ters related to the management and administration of 

24 the Department in support of homeland security oper25 ations and programs. With regard to the management 


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1 functions for which the Under Secretary has responsi2 bility by law or by direction of the Secretary, the 

3 Under Secretary for Management takes precedence in 

4 the Department after the Secretary and the Deputy 

5 Secretary of Homeland Security. 

6 ‘‘(2) The senior official with the authority to ad7 minister, implement, and direct management integra8 tion and transformation across functional disciplines 

9 of the Department, including— 

10 ‘‘(A) information technology, financial 

11 management, acquisition management, and 

12 human capital management of the Department 

13 to improve program efficiency and effectiveness; 

14 ‘‘(B) ensure compliance with laws, rules, 

15 regulations, and the Department’s policies; 

16 ‘‘(C) conduct regular oversight; and 

17 ‘‘(D) prevent unnecessary duplication of 

18 programs in the Department. 

19 ‘‘(b) RESPONSIBILITIES.—In addition to responsibil20 ities designated by the Secretary or otherwise established 

21 by law, the Under Secretary for Management shall be re22 sponsible for performing, or delegating responsibility for 

23 performing, the following activities of the Department: 


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1 ‘‘(1) Development of the budget, management of 

2 appropriations, expenditures of funds, accounting, 

3 and finance. 

4 ‘‘(2) Acquisition and procurement activities 

5 under section 701(d). 

6 ‘‘(3) Human resources and personnel. 

7 ‘‘(4) Information technology and communication 

8 systems, in consultation with the Under Secretary for 

9 Intelligence and Analysis, as appropriate. 

10 ‘‘(5) Facilities, property, equipment, and other 

11 material resources. 

12 ‘‘(6) Real property and personal property. 

13 ‘‘(7) Security for personnel, information tech14 nology and communications systems, facilities, prop15 erty, equipment, and other material resources. 

16 ‘‘(8) Strategic management planning, annual 

17 performance planning, and identification and track18 ing of performance measures relating to the respon19 sibilities of the Department, including such respon20 sibilities under section 306 of title 5, United States 

21 Code. 

22 ‘‘(9) Oversight of grants and other assistance 

23 management programs to ensure proper administra24 tion. 


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1 ‘‘(10) Management integration and trans2 formation within each functional management dis3 cipline of the Department, including information 

4 technology, financial management, acquisition man5 agement, and human capital management, and the 

6 transition process, to ensure an efficient and orderly 

7 consolidation of functions and personnel in the De8 partment and transition, including the— 

9 ‘‘(A) development of coordinated data 

10 sources and connectivity of information systems 

11 to the greatest extent practical to enhance pro12 gram visibility and transparency; 

13 ‘‘(B) development of standardized, auto14 mated, and real-time management information 

15 to uniformly manage and oversee programs, and 

16 make informed decisions to improve the effi17 ciency of the Department; 

18 ‘‘(C) development of effective program man19 agement and regular oversight mechanisms, in20 cluding clear roles and processes for program 

21 governance, sharing of best practices, and access 

22 to timely, reliable, and analyzed data on all ac23 quisitions and investments; 


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1 ‘‘(D) implementation of mechanisms to pro2 mote accountability for management integration 

3 among Department and component chief officers; 

4 ‘‘(E) integration of financial management 

5 systems within and across the Department to en6 sure financial transparency, support daily oper7 ational and financial decisionmaking, and 

8 maintain consecutive unqualified opinions for 

9 all financial statements, including the responsi10 bility to review, approve, and oversee the plan11 ning, design, acquisition, deployment, operation, 

12 maintenance, and modernization of business sys13 tems; 

14 ‘‘(F) integration of human resource man15 agement systems within and across the Depart16 ment to track and record information (including 

17 attrition rates, knowledge, skills, and abilities 

18 critical for workforce planning, identifying cur19 rent and future human capital needs, including 

20 recruitment efforts and improving employee mo21 rale), including the responsibility to review, ap22 prove, and oversee the planning, design, acquisi23 tion, deployment, operation, maintenance, and 

24 modernization of business systems; 


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1 ‘‘(G) development of a management integra2 tion strategy for the Department and its compo3 nents to be submitted annually with the Presi4 dent’s budget to ensure that management of the 

5 Department is strengthened in the areas of 

6 human capital, acquisition, information tech7 nology, and financial management, which shall 

8 include— 

9 ‘‘(i) short- and long-term objectives to 

10 effectively guide implementation of inter11 operable business systems solutions; 

12 ‘‘(ii) issuance of guidance and action 

13 plans with dates, specific actions, and costs 

14 for implementing management integration 

15 and transformation of common functional 

16 disciplines across the Department and its 

17 components; 

18 ‘‘(iii) specific operational and tactical 

19 goals, activities, and timelines needed to ac20 complish the integration effort; 

21 ‘‘(iv) performance measures to monitor 

22 and validate corrective measures; 

23 ‘‘(v) efforts to identify resources needed 

24 to achieve key actions and outcomes; 


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1 ‘‘(vi) other issues impeding manage2 ment integration; 

3 ‘‘(vii) reporting to the Government Ac4 countability Office twice annually to dem5 onstrate measurable, sustainable progress 

6 made in implementing the Department’s 

7 corrective action plans and achieving key 

8 outcomes, including regarding— 

9 ‘‘(I) leadership commitment; 

10 ‘‘(II) capacity building; and 

11 ‘‘(III) continuous monitoring to 

12 address Government Accountability Of13 fice designations of programs at high 

14 risk for waste, fraud, and abuse, in15 cluding with respect to strengthening 

16 management functions; 

17 ‘‘(viii) review and approve any major 

18 update to the Department’s strategy related 

19 to management integration and trans20 formation across functional disciplines and 

21 lines of business, including any business 

22 systems modernization plans to maximize 

23 benefits and minimize costs for the Depart24 ment; and 


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1 ‘‘(ix) before December 1 of each year in 

2 which a Presidential election is held, the de3 velopment of a transition and succession 

4 plan to guide the transition of Department 

5 functions to a new Presidential administra6 tion, and making such plan available to the 

7 next Secretary and Under Secretary for 

8 Management and to the homeland security 

9 congressional committees. 

10 ‘‘(H) Oversight, including the conduct of in11 ternal audits and management analyses, of the 

12 programs and activities of the Department. Such 

13 supervision includes establishing oversight proce14 dures to ensure a full and effective review of the 

15 efforts by Department components to implement 

16 policies and procedures of the Department for 

17 management integration and transformation. 

18 ‘‘(I) Any other management duties that the 

19 Secretary may designate.’’. 

20 SEC. 108. CHIEF FINANCIAL OFFICER. 

21 Section 702 of the Homeland Security Act of 2002 (6 

22 U.S.C. 341) is amended by redesignating subsections (b) 

23 and (c) as subsections (c) and (d), respectively, and by in24 serting after subsection (a) the following: 


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1 ‘‘(b) RESPONSIBILITIES.—Notwithstanding sections 

2 901 and 1122 of title 31, United States Code, the Chief Fi3 nancial Officer, in consultation with the Under Secretary 

4 for Management and the Under Secretary for Intelligence 

5 and Analysis, as appropriate, shall— 

6 ‘‘(1) lead cost-estimating practices for the De7 partment, including the development of the Depart8 ment’s policy on cost estimating and approval of life 

9 cycle cost estimates; 

10 ‘‘(2) oversee coordination with the Office of Pol11 icy on the Department’s long-term strategic planning 

12 to ensure that the development of the Department’s 

13 budget is compatible with the priorities, strategic 

14 plans, and policies established by the Secretary; 

15 ‘‘(3) develop and oversee the Department’s finan16 cial management policy; 

17 ‘‘(4) provide guidance for and over financial sys18 tem modernization efforts throughout the Department; 

19 ‘‘(5) establish effective internal controls over fi20 nancial reporting systems and processes throughout 

21 the Department; 

22 ‘‘(6) lead assessments of internal controls related 

23 to the Department’s financial management systems 

24 and review financial processes to ensure that internal 

25 controls are designed properly and operate effectively; 


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1 ‘‘(7) lead the Department’s efforts related to fi2 nancial oversight, including identifying ways to 

3 streamline and standardize business processes; 

4 ‘‘(8) lead and provide guidance on performance5 based budgeting practices for the Department to en6 sure that the Department and its components are 

7 meeting missions and goals; 

8 ‘‘(9) ensure that Department components’ senior 

9 financial officers certify that their major acquisition 

10 programs have adequate resources to execute their 

11 programs through the 5-year future years homeland 

12 security program period, so that the Department’s 

13 funding requirements for major acquisition programs 

14 match expected resources; 

15 ‘‘(10) ensure that components identify and re16 port all expected costs of acquisition programs to the 

17 Chief Financial Officer of the Department; 

18 ‘‘(11) oversee Department budget formulation 

19 and execution; 

20 ‘‘(12) fully implement a common accounting 

21 structure to be used across the entire Department by 

22 fiscal year 2019; and 

23 ‘‘(13) track, approve, oversee, and make public 

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1 partment for conferences, as appropriate, including 

2 by requiring each component of the Department to— 

3 ‘‘(A) report to the Inspector General of the 

4 Department the expenditures by the component 

5 for each conference hosted or attended by Depart6 ment employees for which the total expenditures 

7 of the Department exceed $20,000, within 15 

8 days after the date of the conference; and 

9 ‘‘(B) with respect to such expenditures, pro10 vide to the Inspector General— 

11 ‘‘(i) the information described in sub12 sections (a), (b), and (c) of section 739 of 

13 Public Law 113–235; and 

14 ‘‘(ii) documentation of such expendi15 tures.’’. 

16 SEC. 109. CHIEF PROCUREMENT OFFICER. 

17 (a) IN GENERAL.—Title VII of the Homeland Security 

18 Act of 2002 (6 U.S.C. 341 et seq.) is further amended by 

19 adding at the end the following: 

20 ‘‘SEC. 708. CHIEF PROCUREMENT OFFICER. 

21 ‘‘(a) IN GENERAL.—There is a Chief Procurement Of22 ficer of the Department, who shall report directly to the 

23 Under Secretary for Management. The Chief Procurement 

24 Officer is the senior procurement executive for purposes of 

25 section 1702(c) of title 41 United States Code, and shall 


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1 perform procurement functions as specified in such section. 

2 The Chief Procurement Officer also shall perform other 

3 functions and responsibilities set forth in this section and 

4 as may be assigned by the Under Secretary for Manage5 ment. 

6 ‘‘(b) RESPONSIBILITIES.—The Chief Procurement Offi7 cer shall— 

8 ‘‘(1) exercise leadership and authority to the ex9 tent delegated by the Under Secretary for Manage10 ment over the Department’s procurement function; 

11 ‘‘(2) issue procurement policies, and shall serve 

12 as a senior business advisor to agency officials on ac13 quisition-related matters, including policy and work14 force matters, as determined by the Under Secretary 

15 for Management; 

16 ‘‘(3) account for the integrity, performance, and 

17 oversight of Department procurement and contracting 

18 functions and be responsible for ensuring that a pro19 curement’s contracting strategy and plans are con20 sistent with the intent and direction of the Acquisi21 tion Review Board; 

22 ‘‘(4) serve as the Department’s main liaison to 

23 industry on procurement-related issues; 

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1 retary for Management, for the entire Department ac2 quisition workforce while using, to the greatest extent 

3 practicable, best practices and acquisition training 

4 opportunities already in existence within the Federal 

5 Government, the private sector, or universities and 

6 colleges, as appropriate, and including training on 

7 how best to identify actions that warrant referrals for 

8 suspension or debarment; 

9 ‘‘(6) delegate or retain contracting authority, as 

10 appropriate; 

11 ‘‘(7) provide input on the periodic performance 

12 reviews of each head of contracting activity of the De13 partment; 

14 ‘‘(8) collect baseline data and use such data to 

15 establish performance measures on the impact of stra16 tegic sourcing initiatives on the private sector, includ17 ing, in particular, small businesses; 

18 ‘‘(9) ensure that a fair proportion (as defined 

19 pursuant to the Small Business Act (15 U.S.C. 631 

20 et seq.)) of Federal contract and subcontract dollars 

21 are awarded to small businesses, maximize opportuni22 ties for small business participation, and ensure, to 

23 the extent practicable, small businesses that achieve 

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1 nologies are provided an opportunity to compete for 

2 contracts for such technology; and 

3 ‘‘(10) conduct oversight of implementation of ad4 ministrative agreements to resolve suspension or de5 barment proceedings and, upon request, provide infor6 mation to the Committee on Homeland Security of 

7 the House of Representatives and the Committee on 

8 Homeland Security and Governmental Affairs of the 

9 Senate about the effectiveness of such agreements at 

10 improving contractor responsibility. 

11 ‘‘(c) HEAD OF CONTRACTING ACTIVITY DEFINED.—In 

12 this section the term ‘head of contracting activity’ means 

13 each official responsible for the creation, management, and 

14 oversight of a team of procurement professionals properly 

15 trained, certified, and warranted to accomplish the acquisi16 tion of products and services on behalf of the designated 

17 components, offices, and organizations of the Department, 

18 and as authorized, other government entities.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents in 

20 section 1(b) of such Act is further amended by adding at 

21 the end of the items relating to such title the following: 

‘‘Sec. 708. Chief Procurement Officer.’’. 

22 SEC. 110. CHIEF INFORMATION OFFICER. 

23 (a) IN GENERAL.—Section 703 of the Homeland Secu24 rity Act of 2002 (6 U.S.C. 343) is amended— 


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1 (1) in subsection (a), by adding at the end the 

2 following: ‘‘In addition to the functions under section 

3 3506(a)(2) of title 44, United States Code, the Chief 

4 Information Officer shall perform the functions set 

5 forth in this section and such other functions as may 

6 be assigned by the Secretary.’’; 

7 (2) by redesignating subsection (b) as subsection 

8 (e); and 

9 (3) by inserting after subsection (a) the fol10 lowing: 

11 ‘‘(b) RESPONSIBILITIES.—In addition to the functions 

12 under section 3506 of title 44, United States Code, the Chief 

13 Information Officer, in consultation with the Under Sec14 retary for Management, shall— 

15 ‘‘(1) advise and assist the Secretary, heads of the 

16 components of the Department, and other senior offi17 cers in carrying out the responsibilities of the Depart18 ment for all activities relating to the budgets, pro19 grams, and operations of the information technology 

20 functions of the Department; 

21 ‘‘(2) to the extent delegated by the Secretary— 

22 ‘‘(A) exercise leadership and authority over 

23 Department information technology manage24 ment; and 


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1 ‘‘(B) establish the information technology 

2 priorities, policies, processes, standards, guide3 lines, and procedures of the Department to en4 sure interoperability and standardization of in5 formation technology; 

6 ‘‘(3) serve as the lead technical authority for in7 formation technology programs; 

8 ‘‘(4) maintain a consolidated inventory of the 

9 Department’s mission critical and mission essential 

10 information systems, and develop and maintain con11 tingency plans for responding to a disruption in the 

12 operation of any of those information systems; 

13 ‘‘(5) maintain the security, visibility, reliability, 

14 integrity, and availability of data and information 

15 technology of the Department including the security of 

16 the Homeland Security Data Network; 

17 ‘‘(6) in coordination with relevant officials of the 

18 Department, ensure that the Department is in com19 pliance with subchapter II of chapter 35 of title 44, 

20 United States Code; 

21 ‘‘(7) establish policies and procedures to effec22 tively monitor and manage vulnerabilities in the sup23 ply chain for purchases of information technology; 


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1 ‘‘(8) in coordination with relevant officials of the 

2 Department, ensure Department compliance with 

3 Homeland Security Presidential Directive 12; 

4 ‘‘(9) in coordination with relevant officials of the 

5 Department, ensure that information technology sys6 tems of the Department meet the standards established 

7 under the information sharing environment, as de8 fined in section 1016 of the Intelligence Reform and 

9 Terrorism Prevention Act of 2004 (6 U.S.C. 485); 

10 ‘‘(10) develop measures to monitor the perform11 ance of Department components’ use and implementa12 tion of information technology systems and consist13 ently monitor such performance to ensure that such 

14 systems are used effectively; 

15 ‘‘(11) ensure that Department components report 

16 to the Chief Information Officer of the Department a 

17 complete inventory of information systems and fully 

18 adhere to Department guidance related to information 

19 technology; 

20 ‘‘(12) carry out any other responsibilities dele21 gated by the Secretary consistent with an effective in22 formation system management function; and 

23 ‘‘(13) carry out authorities over Department in24 formation technology consistent with section 113419 

25 of title 40, United States Code. 


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1 ‘‘(c) STRATEGIC PLANS.—In coordination with the 

2 Chief Financial Officer, the Chief Information Officer shall 

3 develop an information technology strategic plan every 5 

4 years and report to the Committee on Homeland Security 

5 of the House of Representatives and the Committee on 

6 Homeland Security and Governmental Affairs of the Senate 

7 on— 

8 ‘‘(1) how the information technology strategic 

9 plans developed under this subsection are used to help 

10 inform the Department’s budget process; 

11 ‘‘(2) how the Department’s budget aligns with 

12 priorities specified in the information technology 

13 strategic plans; 

14 ‘‘(3) in cases in which it is not possible to fund 

15 all information technology strategic plan activities for 

16 a given fiscal year, the rationale as to why certain 

17 activities are not being funded in lieu of higher prior18 ities; 

19 ‘‘(4) what decisionmaking process was used to 

20 arrive at these priorities and the role of Department 

21 components in that process; and 

22 ‘‘(5) examine the extent to which unnecessary 

23 duplicate information technology within and across 

24 the components of the Department has been elimi25 nated. 


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1 ‘‘(d) SOFTWARE LICENSING.— 

2 ‘‘(1) IN GENERAL.—Not later than 180 days 

3 after the date of the enactment of the DHS Head4 quarters Reform and Improvement Act of 2015, and 

5 every 2 years thereafter, the Chief Information Offi6 cer, in consultation with Department component chief 

7 information officers, shall— 

8 ‘‘(A) conduct a Department-wide inventory 

9 of all existing software licenses held by the De10 partment, including utilized and unutilized li11 censes; 

12 ‘‘(B) assess the needs of the Department and 

13 the components of the Department for software 

14 licenses for the subsequent 2 fiscal years; 

15 ‘‘(C) examine how the Department can 

16 achieve the greatest possible economies of scale 

17 and cost savings in the procurement of software 

18 licenses; 

19 ‘‘(D) determine how the use of shared cloud20 computing services will impact the needs for soft21 ware licenses for the subsequent 2 fiscal years; 

22 and 

23 ‘‘(E) establish plans and estimated costs for 

24 eliminating unutilized software licenses for the 

25 subsequent 2 fiscal years. 


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1 ‘‘(2) EXCESS SOFTWARE LICENSING.— 

2 ‘‘(A) PLAN TO REDUCE SOFTWARE LI3 CENSES.—If the Chief Information Officer deter4 mines through the inventory conducted under 

5 paragraph (1) that the number of software li6 censes held by the Department and the compo7 nents of the Department exceed the needs of the 

8 Department as assessed under paragraph (1), the 

9 Secretary, not later than 90 days after the date 

10 on which the inventory is completed, shall estab11 lish a plan for bringing the number of such soft12 ware licenses into balance with such needs of the 

13 Department. 

14 ‘‘(B) PROHIBITION ON PROCUREMENT OF

15 NEW SOFTWARE LICENSES.— 

16 ‘‘(i) IN GENERAL.—Except as provided 

17 in clause (ii), upon completion of a plan es18 tablished under paragraph (1), no addi19 tional resources may be obligated for the 

20 procurement of new software licenses for the 

21 Department until such time as the need of 

22 the Department exceeds the number of used 

23 and unused licenses held by the Depart24 ment. 


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1 ‘‘(ii) EXCEPTION.—The Chief Informa2 tion Officer may authorize the purchase of 

3 additional licenses and amend the number 

4 of needed licenses as necessary. 

5 ‘‘(3) GAO REVIEW.—The Comptroller General of 

6 the United States shall review the inventory con7 ducted under paragraph (1)(A) and the plan estab8 lished under paragraph (2)(A). 

9 ‘‘(4) SUBMISSION TO CONGRESS.—The Chief In10 formation Officer shall submit a copy of each inven11 tory conducted under paragraph (1)(A) and each 

12 plan established under paragraph (2)(A) to the Com13 mittee on Homeland Security of the House of Rep14 resentatives and the Committee on Homeland Secu15 rity and Governmental Affairs of the Senate.’’. 

16 (b) COMPLETION OF FIRST DEFINITION OF CAPABILI17 TIES.—The Chief Information Officer shall complete the 

18 first implementation of section 701(c) of the Homeland Se19 curity Act of 2002, as amended by this section, by not later 

20 than 1 year after the date of the enactment of this Act. 

21 SEC. 111. CHIEF HUMAN CAPITAL OFFICER. 

22 Section 704 of the Homeland Security Act of 2002 (6 

23 U.S.C. 343) is amended to read as follows: 


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1 ‘‘SEC. 704. CHIEF HUMAN CAPITAL OFFICER. 

2 ‘‘(a) IN GENERAL.—There is a Chief Human Capital 

3 Officer of the Department who shall report directly to the 

4 Under Secretary of Management. 

5 ‘‘(b) RESPONSIBILITIES.—The Chief Human Capital 

6 Officer shall— 

7 ‘‘(1) develop and implement strategic workforce 

8 planning efforts that are consistent with Government9 wide leading principles, and that are in line with De10 partment strategic human capital goals and prior11 ities; 

12 ‘‘(2) develop performance measures to provide a 

13 basis for monitoring and evaluating Department-wide 

14 strategic workforce planning efforts; 

15 ‘‘(3) develop strategies to recruit, hire, and train 

16 the Department workforce; 

17 ‘‘(4) work with the component heads to identify 

18 methods for managing and overseeing human capital 

19 programs and initiatives; 

20 ‘‘(5) develop a career path framework, and create 

21 opportunities for leader development; 

22 ‘‘(6) serve as the Department’s central office for 

23 managing employee resources, including training and 

24 development opportunities; 

25 ‘‘(7) coordinate the Department’s human re26 source management system; 


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1 ‘‘(8) conduct efficiency reviews to determine if 

2 components are implementing human capital pro3 grams and initiatives; and 

4 ‘‘(9) identify and eliminate unnecessary and du5 plicative human capital policies and guidance. 

6 ‘‘(c) COMPONENT STRATEGIES.— 

7 ‘‘(1) IN GENERAL.—Each component of the De8 partment shall coordinate with the Chief Human 

9 Capital Officer of the Department to develop or main10 tain its own 5-year workforce strategy that will sup11 port the Department’s goals, objectives, performance 

12 measures, and determination of the proper balance of 

13 Federal employees and private labor resources. 

14 ‘‘(2) STRATEGY REQUIREMENTS.—The Chief 

15 Human Capital Officer shall ensure that, in the de16 velopment of the strategy required by subsection (c), 

17 the head of the component reports to the Chief Human 

18 Capital Officer on the human resources considerations 

19 associated with creating additional Federal full-time 

20 equivalent positions, converting private contractor po21 sitions to Federal employee positions, or relying on 

22 the private sector for goods and services, including— 

23 ‘‘(A) hiring projections, including occupa24 tion and grade level, as well as corresponding 


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1 salaries, benefits, and hiring or retention bo2 nuses; 

3 ‘‘(B) the identification of critical skills re4 quirements over the 5-year period, any current 

5 or anticipated need for critical skills required at 

6 the Department, and the training or other meas7 ures required to address such need; 

8 ‘‘(C) recruitment of qualified candidates 

9 and retention of qualified employees; 

10 ‘‘(D) supervisory and management require11 ments; 

12 ‘‘(E) travel and related personnel support 

13 costs; 

14 ‘‘(F) the anticipated cost and impact on 

15 mission performance associated with replacing 

16 Federal personnel due to their retirement or 

17 other attrition; and 

18 ‘‘(G) other appropriate factors. 

19 ‘‘(d) ANNUAL SUBMISSION.—The Secretary shall pro20 vide to the appropriate congressional committees, together 

21 with submission of the annual budget justification, infor22 mation on the progress within the Department of fulfilling 

23 the workforce strategies required under subsection (c).’’. 


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1 SEC. 112. CHIEF SECURITY OFFICER. 

2 (a) IN GENERAL.—Title VII of the Homeland Security 

3 Act of 2002 (6 U.S.C. 341 et seq.), as amended by section 

4 109(a) of this Act, is further amended by adding at the end 

5 the following: 

6 ‘‘SEC. 709. CHIEF SECURITY OFFICER. 

7 ‘‘(a) IN GENERAL.—There is a Chief Security Officer 

8 of the Department, who shall report directly to the Under 

9 Secretary for Management. 

10 ‘‘(b) RESPONSIBILITIES.—The Chief Security Officer 

11 shall— 

12 ‘‘(1) develop and implement the Department’s se13 curity policies, programs, and standards; 

14 ‘‘(2) identify training and provide education to 

15 Department personnel on security-related matters; 

16 and 

17 ‘‘(3) provide support to Department components 

18 on security-related matters.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents in 

20 section 1(b) of such Act is further amended by adding at 

21 the end of the items relating to such title the following: 

‘‘Sec. 709. Chief Security Officer.’’. 

22 SEC. 113. COST SAVINGS AND EFFICIENCY REVIEWS. 

23 Not later than 1 year after the date of the enactment 

24 of this Act, the Secretary of Homeland Security, acting 

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1 ment of Homeland Security, shall submit to the Committee 

2 on Homeland Security of the House of Representatives and 

3 the Committee on Homeland Security and Governmental 

4 Affairs of the Senate a report that— 

5 (1) provides a detailed accounting of the man6 agement and administrative expenditures and activi7 ties of the components of the Department and identi8 fies potential cost savings and efficiencies for those ex9 penditures and activities of each such component; 

10 (2) examines the size, experience level, and geo11 graphic distribution of the operational personnel of 

12 the Department, including Customs and Border Pro13 tection officers, Border Patrol agents, Customs and 

14 Border Protection Air and Marine agents, Customs 

15 and Border Protection agriculture specialists, Federal 

16 Protective Service law enforcement security officers, 

17 Immigration and Customs Enforcement agents, 

18 Transportation Security Administration officers, Fed19 eral air marshals, and members of the Coast Guard; 

20 and 

21 (3) makes recommendations for adjustments in 

22 the management and administration of the Depart23 ment that would reduce deficiencies in the Depart24 ment’s capabilities, reduce costs, and enhance effi25 ciencies. 


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1 SEC. 114. FIELD EFFICIENCIES PLAN. 

2 (1) IN GENERAL.—Not later than 270 days after 

3 the date of the enactment of this Act, the Secretary of 

4 Homeland Security shall submit to the Committee on 

5 Homeland Security of the House of Representatives 

6 and Committee on Homeland Security and Govern7 mental Affairs of the Senate a field efficiencies plan 

8 that— 

9 (A) examines the facilities and administra10 tive and logistics functions of components of the 

11 Department of Homeland Security located with12 in designated geographic areas; and 

13 (B) provides specific recommendations and 

14 an associated cost-benefit analysis for the con15 solidation of the facilities and administrative 

16 and logistics functions of components of the De17 partment within each designated geographic 

18 area. 

19 (2) CONTENTS.—The field efficiencies plan sub20 mitted under paragraph (1) shall include the fol21 lowing: 

22 (A) An accounting of leases held by the De23 partment or its components that have expired in 

24 the current fiscal year or will be expiring in the 

25 next fiscal year, that have begun or been renewed 

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1 ment or its components plan to sign or renew in 

2 the next fiscal year. 

3 (B)(i) An evaluation for each designated ge4 ographic area of specific facilities at which com5 ponents, or operational entities of components, of 

6 the Department may be closed or consolidated, 

7 including consideration of when leases expire or 

8 facilities owned by the Government become avail9 able. 

10 (ii) The evaluation shall include consider11 ation of potential consolidation with facilities of 

12 other Federal, State, or local entities, includ13 ing— 

14 (I) offices; 

15 (II) warehouses; 

16 (III) training centers; 

17 (IV) housing; 

18 (V) ports, shore facilities, and airfields; 

19 (VI) laboratories; and 

20 (VII) other assets as determined by the 

21 Secretary. 

22 (iii) The evaluation shall include the poten23 tial for the consolidation of administrative and 

24 logistics functions, including— 

25 (I) facility maintenance; 


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1 (II) fleet vehicle services; 

2 (III) mail handling and shipping and 

3 receiving; 

4 (IV) facility security; 

5 (V) procurement of goods and services; 

6 (VI) information technology and tele7 communications services and support; and 

8 (VII) additional ways to improve 

9 unity of effort and cost savings for field op10 erations and related support activities as 

11 determined by the Secretary. 

12 (C) An implementation plan, including— 

13 (i) near-term actions that can co-lo14 cate, consolidate, or dispose of property 

15 within 24 months; 

16 (ii) identifying long-term occupancy 

17 agreements or leases that cannot be changed 

18 without a significant cost to the Govern19 ment; and 

20 (iii) how the Department can ensure it 

21 has the capacity, in both personnel and 

22 funds, needed to cover up-front costs to 

23 achieve consolidation and efficiencies. 

24 (D) An accounting of any consolidation in 

25 the Department or its component’s real estate 


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1 footprint, including the colocation of personnel 

2 from different components, offices, and agencies 

3 within the Department. 

4 SEC. 115. RESOURCES TO RESPOND TO OPERATIONAL 

5 SURGES. 

6 On an annual basis, the Secretary of Homeland Secu7 rity shall provide to the Committee on Homeland Security 

8 of the House of Representatives and the Committee on 

9 Homeland Security and Governmental Affairs of the Senate 

10 information on the circumstances in which the Secretary 

11 exercised the authority during the preceding year to repro12 gram or transfer funds to address unforeseen costs, includ13 ing the costs associated with operational surges, and infor14 mation on any circumstances in which limitations on the 

15 transfer or reprogramming of funds impacted the Sec16 retary’s ability to address such unforeseen costs. 

17 SEC. 116. DEPARTMENT OF HOMELAND SECURITY ROTA18 TION PROGRAM. 

19 (a) ENHANCEMENTS TO THE ROTATION PROGRAM.— 

20 Section 844(a) of the Homeland Security Act of 2002 (6) 

21 U.S.C. 414(a)) is amended as follows: 

22 (1) In paragraph (1)— 

23 (A) by striking ‘‘Not later than 180 days 

24 after the date of enactment of this section, the’’ 

25 and inserting ‘‘The’’; and 


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1 (B) by striking ‘‘for employees of the De2 partment’’ and inserting ‘‘for certain personnel 

3 within the Department’’. 

4 (2) In paragraph (2)— 

5 (A) by redesignating subparagraphs (A) 

6 through (G) as subparagraphs (C) through (I), 

7 and inserting before subparagraph (C), as so re8 designated, the following: 

9 ‘‘(A) seek to foster greater Departmental in10 tegration and unity of effort; 

11 ‘‘(B) seek to help enhance the knowledge, 

12 skills, and abilities of participating personnel 

13 with respect to the Department’s programs, poli14 cies, and activities;’’; 

15 (B) in subparagraph (D), as so redesig16 nated, by striking ‘‘middle and senior level’’; and 

17 (C) in subparagraph (G), as so redesig18 nated, by inserting before ‘‘invigorate’’ the fol19 lowing: ‘‘seek to improve morale and retention 

20 throughout the Department and’’. 

21 (3) In paragraph (3)(B), by striking clause (iii) 

22 and redesignating clauses (iv) through (viii) as 

23 clauses (iii) through (vii). 


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1 (4) By redesignating paragraphs (4) and (5) as 

2 paragraphs (5) and (6), and inserting after para3 graph (3) the following: 

4 ‘‘(4) ADMINISTRATIVE MATTERS.—In carrying 

5 out any program established pursuant to this section, 

6 the Secretary shall— 

7 ‘‘(A) before selecting employees for partici8 pation in such program, disseminate informa9 tion broadly within the Department about the 

10 availability of the program, qualifications for 

11 participation in the program, including full12 time employment within the employing compo13 nent or office not less than one year, and the 

14 general provisions of the program; 

15 ‘‘(B) require each candidate for participa16 tion in the program to be nominated by the head 

17 of the candidate’s employing component or office 

18 and that the Secretary, or the Secretary’s des19 ignee, select each employee for the program solely 

20 on the basis of relative ability, knowledge, and 

21 skills, after fair and open competition that 

22 assures that all candidates receive equal oppor23 tunity; 

24 ‘‘(C) ensure that each employee partici25 pating in the program shall be entitled to return, 


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1 within a reasonable period of time after the end 

2 of the period of participation, to the position 

3 held by the employee, or a corresponding or high4 er position, in the employee’s employing compo5 nent or office; 

6 ‘‘(D) require that the rights that would be 

7 available to the employee if the employee were 

8 detailed from the employing component or office 

9 to another Federal agency or office remain avail10 able to the employee during the employee partici11 pation in the program; and 

12 ‘‘(E) require that, during the period of par13 ticipation by an employee in the program, per14 formance evaluations for the employee— 

15 ‘‘(i) shall be conducted by officials in 

16 the employee’s office or component with 

17 input from the supervisors of the employee 

18 at the component or office in which the em19 ployee is placed during that period; and 

20 ‘‘(ii) shall be provided the same weight 

21 with respect to promotions and other re22 wards as performance evaluations for serv23 ice in the employee’s office or component.’’. 

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1 ment of this Act, the Secretary of Homeland Security shall 

2 provide information to the Committee on Homeland Secu3 rity of the House of Representatives and the Committee on 

4 Homeland Security and Governmental Affairs of the Senate 

5 about the status of the homeland security rotation program 

6 authorized by section 844 of the Homeland Security Act of 

7 2002, as amended by this section. 

8 TITLE II—DHS ACQUISITION AC9 COUNTABILITY AND EFFI10 CIENCY 

11 SEC. 201. DEFINITIONS. 

12 (a) IN GENERAL.—In this title: 

13 (1) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Homeland Security. 

15 (2) DEPARTMENT.—The term ‘‘Department’’ 

16 means the Department of Homeland Security. 

17 (3) CONGRESSIONAL HOMELAND SECURITY COM18 MITTEES.—The term ‘‘congressional homeland secu19 rity committees’’ means— 

20 (A) the Committee on Homeland Security of 

21 the House of Representatives and the Committee 

22 on Homeland Security and Governmental Af23 fairs of the Senate; and 

24 (B) the Committee on Appropriations of the 

25 House of Representatives and of the Senate. 


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1 (b) ADDITIONAL DEFINITIONS.—In this title: 

2 (1) ACQUISITION.—The term ‘‘acquisition’’ has 

3 the meaning provided in section 131 of title 41, 

4 United States Code. 

5 (2) BEST PRACTICES.—The term ‘‘best prac6 tices’’, with respect to acquisition, means a knowl7 edge-based approach to capability development that 

8 includes identifying and validating needs; assessing 

9 alternatives to select the most appropriate solution; 

10 clearly establishing well-defined requirements; devel11 oping realistic cost assessments and schedules; secur12 ing stable funding that matches resources to require13 ments; demonstrating technology, design, and manu14 facturing maturity; using milestones and exit criteria 

15 or specific accomplishments that demonstrate 

16 progress; adopting and executing standardized proc17 esses with known success across programs; estab18 lishing an adequate workforce that is qualified and 

19 sufficient to perform necessary functions; and inte20 grating these capabilities into the Department’s mis21 sion and business operations. 

22 (c) AMENDMENTS TO DEFINITIONS IN HOMELAND SE23 CURITY ACT OF 2002.—Section 2 of the Homeland Security 

24 Act of 2002 is amended— 


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1 (1) by striking ‘‘In this Act,’’ and inserting ‘‘(a) 

2 IN GENERAL.—In this Act,’’; 

3 (2) in paragraph (2)— 

4 (A) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 

5 (B) by adding at the end the following new 

6 subparagraph: 

7 ‘‘(B) The term ‘congressional homeland security 

8 committees’ means— 

9 ‘‘(i) the Committee on Homeland Security 

10 of the House of Representatives and the Com11 mittee on Homeland Security and Governmental 

12 Affairs of the Senate; and 

13 ‘‘(ii) the Committees on Appropriations of 

14 the House of Representatives and of the Senate, 

15 where appropriate.’’; and 

16 (3) by adding at the end the following new sub17 section: 

18 ‘‘(b) ACQUISITION-RELATED DEFINITIONS.—In this 

19 Act, the following definitions apply: 

20 ‘‘(1) ACQUISITION.—The term ‘acquisition’ has 

21 the meaning provided in section 131 of title 41, 

22 United States Code. 

23 ‘‘(2) ACQUISITION DECISION AUTHORITY.—The 

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1 thority, held by the Secretary acting through the Dep2 uty Secretary or Under Secretary for Management— 

3 ‘‘(A) to ensure compliance with Federal 

4 law, the Federal Acquisition Regulation, and De5 partment acquisition management directives; 

6 ‘‘(B) to review (including approving, halt7 ing, modifying, or cancelling) an acquisition 

8 program through the life cycle of the program; 

9 ‘‘(C) to ensure that program managers have 

10 the resources necessary to successfully execute an 

11 approved acquisition program; 

12 ‘‘(D) to ensure good program management 

13 of cost, schedule, risk, and system performance of 

14 the acquisition, including assessing acquisition 

15 program baseline breaches and directing any 

16 corrective action for such breaches; and 

17 ‘‘(E) to ensure that program managers, on 

18 an ongoing basis, monitor cost, schedule, and 

19 performance against established baselines and 

20 use tools to assess risks to a program at all 

21 phases of the life cycle of the program to avoid 

22 and mitigate acquisition program baseline 

23 breaches. 

24 ‘‘(3) ACQUISITION DECISION EVENT.—The term 

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1 ment or acquisition program, means a predetermined 

2 point within the acquisition phases of the investment 

3 or acquisition program at which the investment or 

4 acquisition program will undergo a review prior to 

5 commencement of the next phase. 

6 ‘‘(4) ACQUISITION DECISION MEMORANDUM.— 

7 The term ‘acquisition decision memorandum’, with 

8 respect to an acquisition, means the official acquisi9 tion decision event record that includes a documented 

10 record of decisions, exit criteria, and assigned actions 

11 for the acquisition as determined by the person exer12 cising acquisition decision authority for the acquisi13 tion. 

14 ‘‘(5) ACQUISITION PROGRAM BASELINE.—The 

15 term ‘acquisition program baseline’, with respect to 

16 an acquisition program, means a summary of the 

17 cost, schedule, and performance parameters, expressed 

18 in standard, measurable, quantitative terms, which 

19 must be met in order to accomplish the goals of the 

20 program. 

21 ‘‘(6) CAPABILITY DEVELOPMENT PLAN.—The 

22 term ‘capability development plan’, with respect to a 

23 proposed acquisition, means the document that the 

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1 quisition decision event related to validating the need 

2 of a proposed acquisition. 

3 ‘‘(7) COMPONENT ACQUISITION EXECUTIVE.—The 

4 term ‘Component Acquisition Executive’ means the 

5 senior acquisition official within a component who is 

6 designated in writing by the Under Secretary for 

7 Management, in consultation with the component 

8 head, with authority and responsibility for leading a 

9 process and staff to provide acquisition and program 

10 management oversight, policy, and guidance to ensure 

11 that statutory, regulatory, and higher level policy re12 quirements are fulfilled, including compliance with 

13 Federal law, the Federal Acquisition Regulation, and 

14 Department acquisition management directives estab15 lished by the Under Secretary for Management. 

16 ‘‘(8) LIFE CYCLE COST.—The term ‘life cycle 

17 cost’, with respect to an acquisition program, means 

18 all costs associated with research, development, pro19 curement, operation, integrated logistics support, and 

20 disposal under the program, including supporting in21 frastructure that plans, manages, and executes the 

22 program over its full life, and costs of common sup23 port items incurred as a result of the program. 

24 ‘‘(9) MAJOR ACQUISITION PROGRAM.—The term 

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1 quisition program that is estimated by the Secretary 

2 to require an eventual total expenditure of at least 

3 $300,000,000 (based on fiscal year 2015 constant dol4 lars) over its life cycle cost.’’. 

5 SEC. 202. PROHIBITION ON ADDITIONAL AUTHORIZATION 

6 OF APPROPRIATIONS. 

7 No additional funds are authorized to be appropriated 

8 to carry out this title and the amendments made by this 

9 title. This title and such amendments shall be carried out 

10 using amounts otherwise available for such purposes. 

11 Subtitle A—Acquisition Authorities 

12 SEC. 211. ACQUISITION AUTHORITIES FOR UNDER SEC13 RETARY FOR MANAGEMENT. 

14 Section 701 of the Homeland Security Act of 2002 (6 

15 U.S.C. 341), as amended by section 107 of this Act, is fur16 ther amended by adding at the end the following: 

17 ‘‘(e) ACQUISITION AND RELATED RESPONSIBIL18 ITIES.— 

19 ‘‘(1) IN GENERAL.—Notwithstanding section 

20 1702(b) of title 41, United States Code, the Under 

21 Secretary for Management is the Chief Acquisition 

22 Officer of the Department. As Chief Acquisition Offi23 cer, the Under Secretary shall have the authority and 

24 perform the functions as specified in section 1702(b) 

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1 sponsibilities delegated by the Secretary or described 

2 in this subsection. 

3 ‘‘(2) DUTIES AND RESPONSIBILITIES.—In addi4 tion to the authority and functions specified in sec5 tion 1702(b) of title 41, United States Code, the du6 ties and responsibilities of the Under Secretary for 

7 Management related to acquisition include the fol8 lowing: 

9 ‘‘(A) Advising the Secretary regarding ac10 quisition management activities, taking into ac11 count risks of failure to achieve cost, schedule, or 

12 performance parameters, to ensure that the De13 partment achieves its mission through the adop14 tion of widely accepted program management 

15 best practices and standards. 

16 ‘‘(B) Exercising the acquisition decision au17 thority to approve, halt, modify (including the 

18 rescission of approvals of program milestones), 

19 or cancel major acquisition programs, unless the 

20 Under Secretary delegates the authority to a 

21 Component Acquisition Executive pursuant to 

22 paragraph (3). 

23 ‘‘(C) Establishing policies for acquisition 

24 that implement an approach that takes into ac25 count risks of failure to achieve cost, schedule, or 


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1 performance parameters that all components of 

2 the Department shall comply with, including 

3 outlining relevant authorities for program man4 agers to effectively manage acquisition programs. 

5 ‘‘(D) Ensuring that each major acquisition 

6 program has a Department-approved acquisition 

7 program baseline, pursuant to the Department’s 

8 acquisition management policy. 

9 ‘‘(E) Ensuring that the heads of components 

10 and Component Acquisition Executives comply 

11 with Federal law, the Federal Acquisition Regu12 lation, and Department acquisition management 

13 directives. 

14 ‘‘(F) Ensuring that grants and financial 

15 assistance are provided only to individuals and 

16 organizations that are not suspended or 

17 debarred. 

18 ‘‘(G) Distributing guidance throughout the 

19 Department to ensure that contractors involved 

20 in acquisitions, particularly companies that ac21 cess the Department’s information systems and 

22 technologies, adhere to internal cybersecurity 

23 policies established by the Department of Home24 land Security. 


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1 ‘‘(3) DELEGATION OF ACQUISITION DECISION AU2 THORITY.— 

3 ‘‘(A) LEVEL 3 ACQUISITIONS.—The Under 

4 Secretary for Management may delegate acquisi5 tion decision authority in writing to the relevant 

6 Component Acquisition Executive for an acquisi7 tion program that has a life cycle cost estimate 

8 of less than $300,000,000. 

9 ‘‘(B) LEVEL 2 ACQUISITIONS.—The Under 

10 Secretary for Management may delegate acquisi11 tion decision authority in writing to the relevant 

12 Component Acquisition Executive for a major 

13 acquisition program that has a life cycle cost es14 timate of at least $300,000,000 but not more 

15 than $1,000,000,000 if all of the following re16 quirements are met: 

17 ‘‘(i) The component concerned possesses 

18 working policies, processes, and procedures 

19 that are consistent with Department-level 

20 acquisition policy. 

21 ‘‘(ii) The Component Acquisition Exec22 utive has adequate, experienced, dedicated 

23 program management professional staff 

24 commensurate with the size of the delegated 

25 portfolio. 


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1 ‘‘(iii) Each major acquisition program 

2 concerned has written documentation show3 ing that it has a Department-approved ac4 quisition program baseline and it is meet5 ing agreed-upon cost, schedule, and per6 formance thresholds. 

7 ‘‘(4) EXCLUDED PARTIES LIST SYSTEM CON8 SULTATION.—The Under Secretary for Management 

9 shall require that all Department contracting and 

10 procurement officials consult the Excluded Parties 

11 List System (or successor system) as maintained by 

12 the General Services Administration prior to award13 ing a contract or grant or entering into other trans14 actions to ascertain whether the selected contractor is 

15 excluded from receiving Federal contracts, certain 

16 subcontracts, and certain types of Federal financial 

17 and nonfinancial assistance and benefits. 

18 ‘‘(5) RELATIONSHIP TO UNDER SECRETARY FOR

19 SCIENCE AND TECHNOLOGY.— 

20 ‘‘(A) IN GENERAL.—Nothing in this sub21 section shall diminish the authority granted to 

22 the Under Secretary for Science and Technology 

23 under this Act. The Under Secretary for Man24 agement and the Under Secretary for Science 

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1 lated to the coordination of acquisitions across 

2 the Department so that investments of the Direc3 torate of Science and Technology can support 

4 current and future requirements of the compo5 nents. 

6 ‘‘(B) OPERATIONAL TESTING AND EVALUA7 TION.—The Under Secretary for Science and 

8 Technology shall— 

9 ‘‘(i) ensure, in coordination with rel10 evant component heads, that major acquisi11 tion programs— 

12 ‘‘(I) complete operational testing 

13 and evaluation of technologies and sys14 tems; 

15 ‘‘(II) use independent verification 

16 and validation of operational test and 

17 evaluation implementation and results; 

18 and 

19 ‘‘(III) document whether such pro20 grams meet all performance require21 ments included in their acquisition 

22 program baselines; 

23 ‘‘(ii) ensure that such operational test24 ing and evaluation includes all system com25 ponents and incorporates operators into the 


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1 testing to ensure that systems perform as 

2 intended in the appropriate operational set3 ting; and 

4 ‘‘(iii) determine if testing conducted by 

5 other Federal agencies and private entities 

6 is relevant and sufficient in determining 

7 whether systems perform as intended in the 

8 operational setting.’’. 

9 SEC. 212. ACQUISITION AUTHORITIES FOR CHIEF FINAN10 CIAL OFFICER. 

11 Section 702 of the Homeland Security Act of 2002 (6 

12 U.S.C. 342), as amended by section 108 of this Act, is fur13 ther amended by adding at the end of subsection (c)(2) the 

14 following new subparagraph: 

15 ‘‘(J) Notwithstanding section 902 of title 

16 31, United States Code, provide leadership over 

17 financial management policy and programs for 

18 the Department as they relate to the Depart19 ment’s acquisitions programs, in consultation 

20 with the Under Secretary for Management.’’. 

21 SEC. 213. ACQUISITION AUTHORITIES FOR CHIEF INFORMA22 TION OFFICER. 

23 Section 703 of the Homeland Security Act of 2002 (6 

24 U.S.C. 343), as amended by section 110(a) of this Act, is 


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1 further amended by adding at the end the following new 

2 subsection: 

3 ‘‘(f) ACQUISITION RESPONSIBILITIES.—Notwith4 standing section 11315 of title 40, United States Code, the 

5 acquisition responsibilities of the Chief Information Officer, 

6 in consultation with the Under Secretary for Management, 

7 shall include the following: 

8 ‘‘(1) Oversee the management of the Homeland 

9 Security Enterprise Architecture and ensure that, be10 fore each acquisition decision event, approved infor11 mation technology acquisitions comply with depart12 mental information technology management processes, 

13 technical requirements, and the Homeland Security 

14 Enterprise Architecture, and in any case in which in15 formation technology acquisitions do not comply with 

16 the Department’s management directives, make rec17 ommendations to the Acquisition Review Board re18 garding such noncompliance. 

19 ‘‘(2) Be responsible for providing recommenda20 tions to the Acquisition Review Board established in 

21 section 836 of this Act on information technology pro22 grams, and be responsible for developing information 

23 technology acquisition strategic guidance.’’. 


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1 SEC. 214. REQUIREMENTS TO ENSURE GREATER ACCOUNT2 ABILITY FOR ACQUISITION PROGRAMS. 

3 (a) IN GENERAL.—Title VII of the Homeland Security 

4 Act of 2002 (6 U.S.C. 341 et seq.), as amended by sections 

5 109(a) and 112(a) of this Act, is further amended by adding 

6 at the end the following: 

7 ‘‘SEC. 710. REQUIREMENTS TO ENSURE GREATER ACCOUNT8 ABILITY FOR ACQUISITION PROGRAMS. 

9 ‘‘(a) REQUIREMENT TO ESTABLISH MECHANISM.— 

10 Within the Management Directorate, the Under Secretary 

11 for Management shall establish a mechanism to prioritize 

12 improving the accountability, standardization, and trans13 parency of major acquisition programs of the Department 

14 in order to increase opportunities for effectiveness and effi15 ciencies and to serve as the central oversight function of 

16 all Department acquisition programs. 

17 ‘‘(b) RESPONSIBILITIES OF EXECUTIVE DIRECTOR.— 

18 The Under Secretary for Management shall designate an 

19 Executive Director to oversee the requirement under sub20 section (a). The Executive Director shall report directly to 

21 the Under Secretary and shall carry out the following re22 sponsibilities: 

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1 dress to prevent cost overruns, performance issues, or 

2 schedule delays. 

3 ‘‘(2) Assist the Chief Acquisition Officer in man4 aging the Department’s acquisition portfolio. 

5 ‘‘(3) Conduct oversight of individual acquisition 

6 programs to implement Department acquisition pro7 gram policy, procedures, and guidance with a pri8 ority on ensuring the data it collects and maintains 

9 from its components is accurate and reliable. 

10 ‘‘(4) Serve as the focal point and coordinator for 

11 the acquisition life cycle review process and as the ex12 ecutive secretariat for the Acquisition Review Board 

13 established under section 836 of this Act. 

14 ‘‘(5) Advise the persons having acquisition deci15 sion authority in making acquisition decisions con16 sistent with all applicable laws and in establishing 

17 clear lines of authority, accountability, and responsi18 bility for acquisition decisionmaking within the De19 partment. 

20 ‘‘(6) Engage in the strategic planning and per21 formance evaluation process required under section 

22 306 of title 5, United States Code, and sections 

23 1105(a)(28), 1115, 1116, and 9703 of title 31, United 

24 States Code, by supporting the Chief Procurement Of25 ficer in developing strategies and specific plans for 


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1 hiring, training, and professional development in 

2 order to rectify any deficiency within the Depart3 ment’s acquisition workforce. 

4 ‘‘(7) Oversee the Component Acquisition Execu5 tive structure to ensure it has sufficient capabilities 

6 and complies with Department policies. 

7 ‘‘(8) Develop standardized certification stand8 ards in consultation with the Component Acquisition 

9 Executives for all acquisition program managers. 

10 ‘‘(9) In the event that a program manager’s cer11 tification or actions need review for purposes of pro12 motion or removal, provide input, in consultation 

13 with the relevant Component Acquisition Executive, 

14 into the relevant program manager’s performance 

15 evaluation, and report positive or negative experi16 ences to the relevant certifying authority. 

17 ‘‘(10) Provide technical support and assistance 

18 to Department acquisitions and acquisition personnel 

19 in conjunction with the Chief Procurement Officer. 

20 ‘‘(11) Prepare the Department’s Comprehensive 

21 Acquisition Status Report, as required by the Depart22 ment of Homeland Security Appropriations Act, 2013 

23 (division D of Public Law 113–6; 127 Stat. 343) and 

24 section 840 of this Act, and make such report avail25 able to congressional homeland security committees. 


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1 ‘‘(12) Prepare the Department’s Quarterly Pro2 gram Accountability Report as required by section 

3 840 of this Act, and make such report available to the 

4 congressional homeland security committees. 

5 ‘‘(c) RESPONSIBILITIES OF COMPONENTS.—Each head 

6 of a component shall comply with Federal law, the Federal 

7 Acquisition Regulation, and Department acquisition man8 agement directives established by the Under Secretary for 

9 Management. For each major acquisition program, each 

10 head of a component shall— 

11 ‘‘(1) define baseline requirements and document 

12 changes to those requirements, as appropriate; 

13 ‘‘(2) establish a complete life cycle cost estimate 

14 with supporting documentation, including an acquisi15 tion program baseline; 

16 ‘‘(3) verify each life cycle cost estimate against 

17 independent cost estimates, and reconcile any dif18 ferences; 

19 ‘‘(4) complete a cost-benefit analysis with sup20 porting documentation; 

21 ‘‘(5) develop and maintain a schedule that is 

22 consistent with scheduling best practices as identified 

23 by the Comptroller General of the United States, in24 cluding, in appropriate cases, an integrated master 

25 schedule; and 


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1 ‘‘(6) ensure that all acquisition program infor2 mation provided by the component is complete, accu3 rate, timely, and valid. 

4 ‘‘SEC. 711. ACQUISITION DOCUMENTATION. 

5 ‘‘(a) IN GENERAL.—For each major acquisition pro6 gram, the Executive Director responsible for the prepara7 tion of the Comprehensive Acquisition Status Report, pur8 suant to paragraph (11) of section 710(b), shall require cer9 tain acquisition documentation to be submitted by Depart10 ment components or offices. 

11 ‘‘(b) WAIVER.—The Secretary may waive the require12 ment for submission under subsection (a) for a program for 

13 a fiscal year if either— 

14 ‘‘(1) the program has not— 

15 ‘‘(A) entered the full rate production phase 

16 in the acquisition life cycle; 

17 ‘‘(B) had a reasonable cost estimate estab18 lished; and 

19 ‘‘(C) had a system configuration defined 

20 fully; or 

21 ‘‘(2) the program does not meet the definition of 

22 ‘capital asset’, as defined by the Director of the Office 

23 of Management and Budget. 

24 ‘‘(c) CONGRESSIONAL OVERSIGHT.—At the same time 

25 the President’s budget is submitted for a fiscal year under 


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1 section 1105(a) of title 31, United States Code, the Sec2 retary shall submit to the Committee on Homeland Security 

3 of the House of Representatives and Committee on Home4 land Security and Governmental Affairs of the Senate in5 formation on the exercise of authority under subsection (b) 

6 in the prior fiscal year that includes the following specific 

7 information regarding each program for which a waiver is 

8 issued under subsection (b): 

9 ‘‘(1) The grounds for granting a waiver for that 

10 program. 

11 ‘‘(2) The projected cost of that program. 

12 ‘‘(3) The proportion of a component’s annual ac13 quisition budget attributed to that program, as avail14 able. 

15 ‘‘(4) Information on the significance of the pro16 gram with respect to the component’s operations and 

17 execution of its mission.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents in 

19 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

20 101 et seq.) is further amended by adding after the item 

21 relating to section 709 the following new item: 

‘‘Sec. 710. Requirements to ensure greater accountability for acquisition programs. 

‘‘Sec. 711. Acquisition documentation.’’. 


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1 Subtitle B—Acquisition Program 

2 Management Discipline 

3 SEC. 221. ACQUISITION REVIEW BOARD. 

4 (a) IN GENERAL.—Subtitle D of title VIII of the 

5 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is 

6 amended by adding at the end the following new section: 

7 ‘‘SEC. 836. ACQUISITION REVIEW BOARD. 

8 ‘‘(a) IN GENERAL.—The Secretary shall establish an 

9 Acquisition Review Board (in this section referred to as the 

10 ‘Board’) to strengthen accountability and uniformity with11 in the Department acquisition review process, review major 

12 acquisition programs, and review the use of best practices. 

13 ‘‘(b) COMPOSITION.—The Deputy Secretary or Under 

14 Secretary for Management shall serve as chair of the Board. 

15 The Secretary shall also ensure participation by other rel16 evant Department officials, including at least 2 component 

17 heads or their designees, as permanent members of the 

18 Board. 

19 ‘‘(c) MEETINGS.—The Board shall meet every time a 

20 major acquisition program needs authorization to proceed 

21 from acquisition decision events through the acquisition life 

22 cycle and to consider any major acquisition program in 

23 breach as necessary. The Board may also be convened for 

24 non-major acquisitions that are deemed high-risk by the Ex25 ecutive Director referred to in section 710(b) of this Act. 


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1 The Board shall also meet regularly for purposes of ensur2 ing all acquisitions processes proceed in a timely fashion 

3 to achieve mission readiness. 

4 ‘‘(d) RESPONSIBILITIES.—The responsibilities of the 

5 Board are as follows: 

6 ‘‘(1) Determine whether a proposed acquisition 

7 has met the requirements of key phases of the acquisi8 tion life cycle framework and is able to proceed to the 

9 next phase and eventual full production and deploy10 ment. 

11 ‘‘(2) Oversee executable business strategy, re12 sources, management, accountability, and alignment 

13 to strategic initiatives. 

14 ‘‘(3) Support the person with acquisition deci15 sion authority for an acquisition in determining the 

16 appropriate direction for the acquisition at key acqui17 sition decision events. 

18 ‘‘(4) Conduct systematic reviews of acquisitions 

19 to ensure that they are progressing in compliance 

20 with the approved documents for their current acqui21 sition phase. 

22 ‘‘(5) Review the acquisition documents of each 

23 major acquisition program, including the acquisition 

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1 formance objectives, to ensure the reliability of under2 lying data. 

3 ‘‘(6) Ensure that practices are adopted and im4 plemented to require consideration of trade-offs 

5 among cost, schedule, and performance objectives as 

6 part of the process for developing requirements for 

7 major acquisition programs prior to the initiation of 

8 the second acquisition decision event, including, at a 

9 minimum, the following practices: 

10 ‘‘(A) Department officials responsible for 

11 acquisition, budget, and cost estimating func12 tions are provided with the appropriate oppor13 tunity to develop estimates and raise cost and 

14 schedule matters before performance objectives 

15 are established for capabilities when feasible. 

16 ‘‘(B) Full consideration of possible trade17 offs among cost, schedule, and performance objec18 tives for each alternative is considered. 

19 ‘‘(e) ACQUISITION PROGRAM BASELINE REPORT RE20 QUIREMENT.—If the person exercising acquisition decision 

21 authority over a major acquisition program approves the 

22 program to proceed into the planning phase before it has 

23 a Department-approved acquisition program baseline, then 

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1 prove an acquisition program baseline report on the deci2 sion, and the Secretary shall— 

3 ‘‘(1) within 7 days after an acquisition decision 

4 memorandum is signed, notify in writing the congres5 sional homeland security committees of such decision; 

6 and 

7 ‘‘(2) within 60 days after the acquisition deci8 sion memorandum is signed, submit a report to such 

9 committees stating the rationale for the decision and 

10 a plan of action to require an acquisition program 

11 baseline for the program. 

12 ‘‘(f) BEST PRACTICES DEFINED.—In this section, the 

13 term ‘best practices’ has the meaning provided in section 

14 4(b) of the DHS Headquarters Reform and Improvement 

15 Act of 2015.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents in 

17 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

18 101 et seq.) is further amended by adding after the item 

19 relating to section 835 the following new item: 

‘‘Sec. 836. Acquisition Review Board.’’. 

20 SEC. 222. REQUIREMENTS TO REDUCE DUPLICATION IN AC21 QUISITION PROGRAMS. 

22 (a) IN GENERAL.—Subtitle D of title VIII of the 

23 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is 

24 further amended by adding at the end the following new 

25 section: 


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1 ‘‘SEC. 837. REQUIREMENTS TO REDUCE DUPLICATION IN 

2 ACQUISITION PROGRAMS. 

3 ‘‘(a) REQUIREMENT TO ESTABLISH POLICIES.—In an 

4 effort to reduce unnecessary duplication and inefficiency for 

5 all Department investments, including major acquisition 

6 programs, the Deputy Secretary, in consultation with the 

7 Under Secretary for Management, shall establish Depart8 ment-wide policies to integrate all phases of the investment 

9 life cycle and help the Department identify, validate, and 

10 prioritize standards for common component requirements 

11 for major acquisition program requirements in order to in12 crease opportunities for effectiveness and efficiencies. The 

13 policies shall also include strategic alternatives for devel14 oping and facilitating a Department component-driven re15 quirements process that includes oversight of a development 

16 test and evaluation capability; identification of priority 

17 gaps and overlaps in Department capability needs; and 

18 provision of feasible technical alternatives, including inno19 vative commercially available alternatives, to meet capa20 bility needs. 

21 ‘‘(b) MECHANISMS TO CARRY OUT REQUIREMENT.— 

22 The Under Secretary for Management shall coordinate the 

23 actions necessary to carry out subsection (a), using such 

24 mechanisms as considered necessary by the Secretary to 

25 help the Department reduce unnecessary duplication and 


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1 inefficiency for all Department investments, including 

2 major acquisition programs. 

3 ‘‘(c) COORDINATION.—In coordinating the actions nec4 essary to carry out subsection (a), the Deputy Secretary 

5 shall consult with the Under Secretary for Management, 

6 Component Acquisition Executives, and any other Depart7 ment officials, including the Under Secretary for Science 

8 and Technology or his designee, with specific knowledge of 

9 Department or component acquisition capabilities to pre10 vent unnecessary duplication of requirements. 

11 ‘‘(d) ADVISORS.—The Deputy Secretary, in consulta12 tion with the Under Secretary for Management, shall seek 

13 and consider input within legal and ethical boundaries 

14 from members of Federal, State, local, and tribal govern15 ments, nonprofit organizations, and the private sector, as 

16 appropriate, on matters within their authority and exper17 tise in carrying out the Department’s mission. 

18 ‘‘(e) MEETINGS.—The Deputy Secretary, in consulta19 tion with the Under Secretary for Management, shall meet 

20 at least quarterly and communicate with components often 

21 to ensure that components do not overlap or duplicate 

22 spending or priorities on major investments and acquisi23 tion programs within their areas of responsibility. 


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1 ‘‘(f) RESPONSIBILITIES.—In carrying out this section, 

2 the responsibilities of the Deputy Secretary, in consultation 

3 with the Under Secretary for Management, are as follows: 

4 ‘‘(1) To review and validate the requirements 

5 documents of major investments and acquisition pro6 grams prior to acquisition decision events of the in7 vestments or programs. 

8 ‘‘(2) To ensure the requirements and scope of a 

9 major investment or acquisition program are stable, 

10 measurable, achievable, at an acceptable risk level, 

11 and match the resources planned to be available. 

12 ‘‘(3) Before any entity of the Department issues 

13 a solicitation for a new contract, coordinate with 

14 other Department entities as appropriate to prevent 

15 unnecessary duplication and inefficiency and— 

16 ‘‘(A) to implement portfolio reviews to iden17 tify common mission requirements and cross18 cutting opportunities among components to har19 monize investments and requirements and pre20 vent overlap and unnecessary duplication among 

21 components; and 

22 ‘‘(B) to the extent practicable, to stand23 ardize equipment purchases, streamline the ac24 quisition process, improve efficiencies, and con25 duct best practices for strategic sourcing. 


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1 ‘‘(4) To ensure program managers of major in2 vestments and acquisition programs conduct analyses, 

3 giving particular attention to factors such as cost, 

4 schedule, risk, performance, and operational efficiency 

5 in order to determine that programs work as intended 

6 within cost and budget expectations. 

7 ‘‘(5) To propose schedules for delivery of the 

8 operational capability needed to meet each Depart9 ment investment and major acquisition program. 

10 ‘‘(g) BEST PRACTICES DEFINED.—In this section, the 

11 term ‘best practices’ has the meaning provided in section 

12 4(b) of the DHS Headquarters Reform and Improvement 

13 Act of 2015.’’. 

14 (b) CLERICAL AMENDMENT.—The table of contents in 

15 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

16 101 et seq.) is further amended by adding after the item 

17 relating to section 836 the following new item: 

‘‘Sec. 837. Requirements to reduce duplication in acquisition programs.’’. 

18 SEC. 223. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 

19 OF BOARD AND OF REQUIREMENTS TO RE20 DUCE DUPLICATION IN ACQUISITION PRO21 GRAMS. 

22 (a) REVIEW REQUIRED.—The Comptroller General of 

23 the United States shall conduct a review of the effectiveness 

24 of the Acquisition Review Board established under section 

25 836 of the Homeland Security Act of 2002 (as added by 


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1 section 221) and the requirements to reduce unnecessary du2 plication in acquisition programs established under section 

3 837 of such Act (as added by section 222) in improving 

4 the Department’s acquisition management process. 

5 (b) SCOPE OF REPORT.—The review shall include the 

6 following: 

7 (1) An assessment of the effectiveness of the 

8 Board in increasing program management oversight, 

9 best practices and standards, and discipline among 

10 the components of the Department, including in work11 ing together and in preventing overlap and unneces12 sary duplication. 

13 (2) An assessment of the effectiveness of the 

14 Board in instilling program management discipline. 

15 (3) A statement of how regularly each major ac16 quisition program is reviewed by the Board, how 

17 often the Board stops major acquisition programs 

18 from moving forward in the phases of the acquisition 

19 life cycle process, and the number of major acquisi20 tion programs that have been halted because of prob21 lems with operational effectiveness, schedule delays, or 

22 cost overruns. 

23 (4) An assessment of the effectiveness of the 

24 Board in impacting acquisition decisionmaking with25 in the Department, including the degree to which the 


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1 Board impacts decisionmaking within other head2 quarters mechanisms and bodies involved in the ad3 ministration of acquisition activities. 

4 (c) REPORT REQUIRED.—The Comptroller General 

5 shall submit to the congressional homeland security com6 mittees a report on the review required by this section not 

7 later than 1 year after the date of the enactment of this 

8 Act. The report shall be submitted in unclassified form but 

9 may include a classified annex. 

10 SEC. 224. EXCLUDED PARTY LIST SYSTEM WAIVERS. 

11 The Secretary of Homeland Security shall provide no12 tification to the congressional homeland security committees 

13 within 5 days after the issuance of a waiver by the Sec14 retary of Federal requirements that an agency not engage 

15 in business with a contractor in the Excluded Party List 

16 System (or successor system) as maintained by the General 

17 Services Administration and an explanation for a finding 

18 by the Secretary that a compelling reason exists for this 

19 action. 

20 SEC. 225. INSPECTOR GENERAL OVERSIGHT OF SUSPEN21 SION AND DEBARMENT. 

22 The Inspector General of the Department of Homeland 

23 Security— 

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1 tract or grant was improperly awarded to a sus2 pended or debarred entity and whether corrective ac3 tions were taken to prevent recurrence; and 

4 (2) shall review the suspension and debarment 

5 program throughout the Department of Homeland Se6 curity to assess whether suspension and debarment 

7 criteria are consistently applied throughout the De8 partment and whether disparities exist in the appli9 cation of such criteria, particularly with respect to 

10 business size and categories. 

11 Subtitle C—Acquisition Program 

12 Management Accountability and 

13 Transparency 

14 SEC. 231. CONGRESSIONAL NOTIFICATION AND OTHER RE15 QUIREMENTS FOR MAJOR ACQUISITION PRO16 GRAM BREACH. 

17 (a) IN GENERAL.—Subtitle D of title VIII of the 

18 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is 

19 further amended by adding at the end the following new 

20 section: 

21 ‘‘SEC. 838. CONGRESSIONAL NOTIFICATION AND OTHER RE22 QUIREMENTS FOR MAJOR ACQUISITION PRO23 GRAM BREACH. 

24 ‘‘(a) BREACH DEFINED.—The term ‘breach’, with re25 spect to a major acquisition program, means a failure to 


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1 meet any cost, schedule, or performance parameter specified 

2 in the acquisition program baseline. 

3 ‘‘(b) REQUIREMENTS WITHIN DEPARTMENT IF

4 BREACH OCCURS.— 

5 ‘‘(1) NOTIFICATIONS.— 

6 ‘‘(A) NOTIFICATION OF BREACH.—If a 

7 breach occurs in a major acquisition program, 

8 the program manager for that program shall no9 tify the head of the component concerned, the 

10 Component Acquisition Executive for the pro11 gram, the Executive Director referred to in sec12 tion 710(b) of this Act, the Under Secretary for 

13 Management, and the Deputy Secretary. 

14 ‘‘(B) NOTIFICATION TO SECRETARY.—If a 

15 major acquisition program has a breach with a 

16 cost overrun greater than 15 percent or a sched17 ule delay greater than 180 days from the costs or 

18 schedule set forth in the acquisition program 

19 baseline for the program, the Secretary and the 

20 Inspector General of the Department shall be no21 tified not later than 5 business days after the 

22 breach is identified. 

23 ‘‘(2) REMEDIATION PLAN AND ROOT CAUSE ANAL24 YSIS.— 


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1 ‘‘(A) IN GENERAL.—In the case of a breach 

2 with a cost overrun greater than 15 percent or 

3 a schedule delay greater than 180 days from the 

4 costs or schedule set forth in the acquisition pro5 gram baseline, a remediation plan and root 

6 cause analysis is required, and the Under Sec7 retary for Management or his designee shall es8 tablish a date for submission within the Depart9 ment of a breach remediation plan and root 

10 cause analysis in accordance with this sub11 section. 

12 ‘‘(B) REMEDIATION PLAN.—The remedi13 ation plan required under this subsection shall 

14 be submitted in writing to the head of the compo15 nent concerned, the Executive Director referred 

16 to in section 710(b) of this Act, and the Under 

17 Secretary for Management. The plan shall— 

18 ‘‘(i) explain the circumstances of the 

19 breach; 

20 ‘‘(ii) provide prior cost estimating in21 formation; 

22 ‘‘(iii) propose corrective action to con23 trol cost growth, schedule delays, or per24 formance issues; 


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1 ‘‘(iv) in coordination with Component 

2 Acquisition Executive, discuss all options 

3 considered, including the estimated impact 

4 on cost, schedule, or performance of the pro5 gram if no changes are made to current re6 quirements, the estimated cost of the pro7 gram if requirements are modified, and the 

8 extent to which funding from other pro9 grams will need to be reduced to cover the 

10 cost growth of the program; and 

11 ‘‘(v) explain the rationale for why the 

12 proposed corrective action is recommended. 

13 ‘‘(C) ROOT CAUSE ANALYSIS.—The root 

14 cause analysis required under this subsection 

15 shall determine the underlying cause or causes of 

16 shortcomings in cost, schedule, or performance of 

17 the program, including the role, if any, of the 

18 following: 

19 ‘‘(i) Unrealistic performance expecta20 tions. 

21 ‘‘(ii) Unrealistic baseline estimates for 

22 cost or schedule or changes in program re23 quirements. 

24 ‘‘(iii) Immature technologies or exces25 sive manufacturing or integration risk. 


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1 ‘‘(iv) Unanticipated design, engineer2 ing, manufacturing, or technology integra3 tion issues arising during program per4 formance. 

5 ‘‘(v) Changes in procurement quan6 tities. 

7 ‘‘(vi) Inadequate program funding or 

8 changes in planned out-year funding from 1 

9 5-year funding plan to the next 5-year 

10 funding plan as outlined in the Future 

11 Years Homeland Security Program required 

12 under section 874 of this Act. 

13 ‘‘(vii) Legislative, legal, or regulatory 

14 changes. 

15 ‘‘(viii) Inadequate program manage16 ment personnel, including lack of training, 

17 credentials, certifications, or use of best 

18 practices. 

19 ‘‘(3) CORRECTION OF BREACH.—The Under Sec20 retary for Management or his designee shall establish 

21 a date for submission within the Department of a 

22 program of corrective action that ensures that 1 of the 

23 following actions has occurred: 


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1 ‘‘(A) The breach has been corrected and the 

2 program is again in compliance with the origi3 nal acquisition program baseline parameters. 

4 ‘‘(B) A revised acquisition program baseline 

5 has been approved. 

6 ‘‘(C) The program has been halted or can7 celled. 

8 ‘‘(c) REQUIREMENTS RELATING TO CONGRESSIONAL

9 NOTIFICATION IF BREACH OCCURS.— 

10 ‘‘(1) NOTIFICATION TO CONGRESS.—If a notifica11 tion is made under subsection (b)(1)(B) for a breach 

12 in a major acquisition program with a cost overrun 

13 greater than 15 percent or a schedule delay greater 

14 than 180 days from the costs or schedule set forth in 

15 the acquisition program baseline, or with an antici16 pated failure for any key performance threshold or 

17 parameter specified in the acquisition program base18 line, the Under Secretary for Management shall no19 tify the congressional homeland security committees of 

20 the breach in the next quarterly Comprehensive Ac21 quisition Status Report after the Under Secretary for 

22 Management receives the notification from the pro23 gram manager under subsection (b)(1)(B). 

24 ‘‘(2) SUBSTANTIAL VARIANCES IN COSTS OR

25 SCHEDULE.—If a likely cost overrun is greater than 


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1 20 percent or a likely delay is greater than 12 months 

2 from the costs and schedule set forth in the acquisi3 tion program baseline for a major acquisition pro4 gram, the Under Secretary for Management shall in5 clude in the notification required in (c)(1) a written 

6 certification, with supporting explanation, that— 

7 ‘‘(A) the acquisition is essential to the ac8 complishment of the Department’s mission; 

9 ‘‘(B) there are no alternatives to such capa10 bility or asset that will provide equal or greater 

11 capability in both a more cost-effective and time12 ly manner; 

13 ‘‘(C) the new acquisition schedule and esti14 mates for total acquisition cost are reasonable; 

15 and 

16 ‘‘(D) the management structure for the ac17 quisition program is adequate to manage and 

18 control performance, cost, and schedule. 

19 ‘‘(3) SUBMISSIONS TO CONGRESS.—Not later 

20 than 30 calendar days after submission to such com21 mittees of a breach notification under paragraph (1) 

22 of this section for a major acquisition program, the 

23 Under Secretary for Management shall submit to such 

24 committees the following: 


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1 ‘‘(A) A copy of the remediation plan and 

2 the root cause analysis prepared under sub3 section (b)(2) for the program. 

4 ‘‘(B) A statement describing the corrective 

5 action or actions that have occurred pursuant to 

6 subsection (b)(3) for the program, with a jus7 tification for the action or actions. 

8 ‘‘(d) ADDITIONAL ACTIONS IF BREACH OCCURS.— 

9 ‘‘(1) PROHIBITION ON OBLIGATION OF FUNDS.— 

10 During the 90-day period following submission under 

11 subsection (c)(3) of a remediation plan, root cause 

12 analysis, and statement of corrective actions with re13 spect to a major acquisition program, the Under Sec14 retary for Management shall submit a certification 

15 described in paragraph (2) of this subsection to the 

16 congressional homeland security committees. If the 

17 Under Secretary for Management does not submit 

18 such certification by the end of such 90-day period, 

19 then funds appropriated to the major acquisition pro20 gram shall not be obligated until the Under Secretary 

21 for Management submits such certification. 

22 ‘‘(2) CERTIFICATION.—For purposes of para23 graph (1), the certification described in this para24 graph is a certification that— 


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1 ‘‘(A) the Department has adjusted or re2 structured the program in a manner that ad3 dresses the root cause or causes of the cost growth 

4 in the program; and 

5 ‘‘(B) the Department has conducted a thor6 ough review of the breached program’s acquisi7 tion decision event approvals and the current ac8 quisition decision event approval for the 

9 breached program has been adjusted as necessary 

10 to account for the restructured program.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents in 

12 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

13 101 et seq.) is further amended by adding after the item 

14 relating to section 837 the following new item: 

‘‘Sec. 838. Congressional notification and other requirements for major acquisition program breach.’’. 

15 SEC. 232. MULTIYEAR ACQUISITION STRATEGY. 

16 (a) IN GENERAL.— 

17 (1) AMENDMENT.—Subtitle D of title VIII of the 

18 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 

19 is further amended by adding at the end the following 

20 new section: 

21 ‘‘SEC. 839. MULTIYEAR ACQUISITION STRATEGY. 

22 ‘‘(a) MULTIYEAR ACQUISITION STRATEGY RE23 QUIRED.—Not later than 1 year after the date of the enact24 ment of this section, the Secretary shall submit to the apVerDate Sep 11 2014 22:07 Oct 20, 2015 Jkt 059200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6203 E:\BILLS\H3572.RH H3572

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1 propriate homeland security committees a multiyear acqui2 sition strategy to guide the overall direction of the acquisi3 tions of the Department while allowing flexibility to deal 

4 with ever-changing threats and risks and to help industry 

5 better understand, plan, and align resources to meet the fu6 ture acquisition needs of the Department. The strategy shall 

7 be updated and included in each Future Years Homeland 

8 Security Program required under section 874 of this Act. 

9 ‘‘(b) CONSULTATION.—In developing the strategy, the 

10 Secretary shall consult with others as the Secretary deems 

11 appropriate, including headquarters, components, employ12 ees in the field, and when appropriate, individuals from 

13 industry and the academic community. 

14 ‘‘(c) FORM OF STRATEGY.—The report shall be sub15 mitted in unclassified form but may include a classified 

16 annex for any sensitive or classified information if nec17 essary. The Department also shall publish the plan in an 

18 unclassified format that is publicly available. 

19 ‘‘(d) CONTENTS OF STRATEGY.—The strategy shall in20 clude the following: 

21 ‘‘(1) PRIORITIZED LIST.—A systematic and inte22 grated prioritized list developed by the Under Sec23 retary for Management or his designee in coordina24 tion with all of the Component Acquisition Executives 

25 of Department major acquisition programs that DeVerDate Sep 11 2014 22:07 Oct 20, 2015 Jkt 059200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6203 E:\BILLS\H3572.RH H3572

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1 partment and component acquisition investments seek 

2 to address, that includes the expected security and 

3 economic benefit of the program or system and an 

4 analysis of how the security and economic benefit de5 rived from the program or system will be measured. 

6 ‘‘(2) INVENTORY.—A plan to develop a reliable 

7 Department-wide inventory of investments and real 

8 property assets to help the Department plan, budget, 

9 schedule, and acquire upgrades of its systems and 

10 equipment and plan for the acquisition and manage11 ment of future systems and equipment. 

12 ‘‘(3) FUNDING GAPS.—A plan to address funding 

13 gaps between funding requirements for major acquisi14 tion programs and known available resources includ15 ing, to the maximum extent practicable, ways of 

16 leveraging best practices to identify and eliminate 

17 overpayment for items to prevent wasteful pur18 chasing, achieve the greatest level of efficiency and 

19 cost savings by rationalizing purchases, aligning 

20 pricing for similar items, and utilizing purchase tim21 ing and economies of scale. 

22 ‘‘(4) IDENTIFICATION OF CAPABILITIES.—An 

23 identification of test, evaluation, modeling, and sim24 ulation capabilities that will be required to support 

25 the acquisition of the technologies to meet the needs of 


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1 the plan and ways to leverage to the greatest extent 

2 possible the emerging technology trends and research 

3 and development trends within the public and private 

4 sectors and an identification of ways to ensure that 

5 the appropriate technology is acquired and integrated 

6 into the Department’s operating doctrine and pro7 cured in ways that improve mission performance. 

8 ‘‘(5) FOCUS ON FLEXIBLE SOLUTIONS.—An as9 sessment of ways the Department can improve its 

10 ability to test and acquire innovative solutions to 

11 allow needed incentives and protections for appro12 priate risk-taking in order to meet its acquisition 

13 needs with resiliency, agility, and responsiveness to 

14 assure the Nation’s homeland security and facilitate 

15 trade. 

16 ‘‘(6) FOCUS ON INCENTIVES TO SAVE TAXPAYER

17 DOLLARS.—An assessment of ways the Department 

18 can develop incentives for program managers and 

19 senior Department acquisition officials to prevent cost 

20 overruns, avoid schedule delays, and achieve cost sav21 ings in major acquisition programs. 

22 ‘‘(7) FOCUS ON ADDRESSING DELAYS AND BID

23 PROTESTS.—An assessment of ways the Department 

24 can improve the acquisition process to minimize cost 

25 overruns in requirements development, procurement 


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1 announcements, requests for proposals, evaluation of 

2 proposals, protests of decisions and awards and 

3 through the use of best practices as defined in section 

4 4(b) of the DHS Headquarters Reform and Improve5 ment Act of 2015 and lessons learned by the Depart6 ment and other Federal agencies. 

7 ‘‘(8) FOCUS ON IMPROVING OUTREACH.—An 

8 identification and assessment of ways to increase op9 portunities for communication and collaboration with 

10 industry, small and disadvantaged businesses, intra11 government entities, university centers of excellence, 

12 accredited certification and standards development 

13 organizations, and national laboratories to ensure 

14 that the Department understands the market for tech15 nologies, products, and innovation that is available to 

16 meet its mission needs to inform the requirements-set17 ting process and before engaging in an acquisition, 

18 including— 

19 ‘‘(A) methods designed especially to engage 

20 small and disadvantaged businesses and a cost21 benefit analysis of the tradeoffs that small and 

22 disadvantaged businesses provide, barriers to 

23 entry for small and disadvantaged businesses, 

24 and unique requirements for small and dis25 advantaged businesses; and 


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1 ‘‘(B) within the Department Vendor Com2 munication Plan and Market Research Guide, 

3 instructions for interaction by program man4 agers with such entities to prevent misinterpreta5 tion of acquisition regulations and to permit 

6 freedom within legal and ethical boundaries for 

7 program managers to interact with such busi8 nesses with transparency. 

9 ‘‘(9) COMPETITION.—A plan regarding competi10 tion as described in subsection (e). 

11 ‘‘(10) ACQUISITION WORKFORCE.—A plan re12 garding the Department acquisition workforce as de13 scribed in subsection (f). 

14 ‘‘(11) FEASIBILITY OF WORKFORCE DEVELOP15 MENT FUND PILOT PROGRAM.—An assessment of the 

16 feasibility of conducting a pilot program to establish 

17 an acquisition workforce development fund as de18 scribed in subsection (g). 

19 ‘‘(e) COMPETITION PLAN.—The strategy shall also in20 clude a plan (referred to in subsection (d)(9)) that shall 

21 address actions to ensure competition, or the option of com22 petition, for major acquisition programs. The plan may in23 clude assessments of the following measures in appropriate 

24 cases if such measures are cost effective: 

25 ‘‘(1) Competitive prototyping. 


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1 ‘‘(2) Dual-sourcing. 

2 ‘‘(3) Unbundling of contracts. 

3 ‘‘(4) Funding of next-generation prototype sys4 tems or subsystems. 

5 ‘‘(5) Use of modular, open architectures to enable 

6 competition for upgrades. 

7 ‘‘(6) Acquisition of complete technical data pack8 ages. 

9 ‘‘(7) Periodic competitions for subsystem up10 grades. 

11 ‘‘(8) Licensing of additional suppliers, including 

12 small businesses. 

13 ‘‘(9) Periodic system or program reviews to ad14 dress long-term competitive effects of program deci15 sions. 

16 ‘‘(f) ACQUISITION WORKFORCE PLAN.— 

17 ‘‘(1) ACQUISITION WORKFORCE.—The strategy 

18 shall also include a plan (referred to in subsection 

19 (d)(10)) to address Department acquisition workforce 

20 accountability and talent management that identifies 

21 the acquisition workforce needs of each component 

22 performing acquisition functions and develops options 

23 for filling those needs with qualified individuals, in24 cluding a cost-benefit analysis of contracting for ac25 quisition assistance. 


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1 ‘‘(2) ADDITIONAL MATTERS COVERED.—The ac2 quisition workforce plan shall address ways to— 

3 ‘‘(A) improve the recruitment, hiring, train4 ing, and retention of Department acquisition 

5 workforce personnel, including contracting offi6 cer’s representatives, in order to retain highly 

7 qualified individuals that have experience in the 

8 acquisition life cycle, complex procurements, and 

9 management of large programs; 

10 ‘‘(B) empower program managers to have 

11 the authority to manage their programs in an 

12 accountable and transparent manner as they 

13 work with the acquisition workforce; 

14 ‘‘(C) prevent duplication within Depart15 ment acquisition workforce training and certifi16 cation requirements through leveraging already17 existing training within the Federal Govern18 ment, academic community, or private industry; 

19 ‘‘(D) achieve integration and consistency 

20 with Government-wide training and accredita21 tion standards, acquisition training tools, and 

22 training facilities; 

23 ‘‘(E) designate the acquisition positions 

24 that will be necessary to support the Department 


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1 acquisition requirements, including in the fields 

2 of— 

3 ‘‘(i) program management; 

4 ‘‘(ii) systems engineering; 

5 ‘‘(iii) procurement, including con6 tracting; 

7 ‘‘(iv) test and evaluation; 

8 ‘‘(v) life cycle logistics; 

9 ‘‘(vi) cost estimating and program fi10 nancial management; and 

11 ‘‘(vii) additional disciplines appro12 priate to Department mission needs; 

13 ‘‘(F) strengthen the performance of con14 tracting officer’s representatives (as defined in 

15 subpart 1.602–2 and subpart 2.101 of the Fed16 eral Acquisition Regulation), including by— 

17 ‘‘(i) assessing the extent to which con18 tracting officer’s representatives are cer19 tified and receive training that is appro20 priate; 

21 ‘‘(ii) determining what training is 

22 most effective with respect to the type and 

23 complexity of assignment; and 

24 ‘‘(iii) implementing actions to improve 

25 training based on such assessment; and 


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1 ‘‘(G) identify ways to increase training for 

2 relevant investigators and auditors to examine 

3 fraud in major acquisition programs, including 

4 identifying opportunities to leverage existing 

5 Government and private sector resources in co6 ordination with the Inspector General of the De7 partment. 

8 ‘‘(g) FEASIBILITY OF WORKFORCE DEVELOPMENT

9 FUND PILOT PROGRAM.—The strategy shall also include an 

10 assessment (referred to in subsection (d)(11)) of the feasi11 bility of conducting a pilot program to establish a Home12 land Security Acquisition Workforce Development Fund (in 

13 this subsection referred to as the ‘Fund’) to ensure the De14 partment acquisition workforce has the capacity, in both 

15 personnel and skills, needed to properly perform its mission 

16 and ensure that the Department receives the best value for 

17 the expenditure of public resources. The assessment shall ad18 dress the following: 

19 ‘‘(1) Ways to fund the Fund, including the use 

20 of direct appropriations, or the credit, transfer, or de21 posit of unobligated or unused funds from Depart22 ment components into the Fund to remain available 

23 for obligation in the fiscal year for which credited, 

24 transferred, or deposited and to remain available for 

25 successive fiscal years. 


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1 ‘‘(2) Ways to reward the Department acquisition 

2 workforce and program managers for good program 

3 management in controlling cost growth, limiting 

4 schedule delays, and ensuring operational effectiveness 

5 through providing a percentage of the savings or gen6 eral acquisition bonuses. 

7 ‘‘(3) Guidance for the administration of the 

8 Fund that includes provisions to do the following: 

9 ‘‘(A) Describe the costs and benefits associ10 ated with the use of direct appropriations or 

11 credit, transfer, or deposit of unobligated or un12 used funds to finance the Fund. 

13 ‘‘(B) Describe the manner and timing for 

14 applications for amounts in the Fund to be sub15 mitted. 

16 ‘‘(C) Explain the evaluation criteria to be 

17 used for approving or prioritizing applications 

18 for amounts in the Fund in any fiscal year. 

19 ‘‘(D) Explain the mechanism to report to 

20 Congress on the implementation of the Fund on 

21 an ongoing basis. 

22 ‘‘(E) Detail measurable performance metrics 

23 to determine if the Fund is meeting the objective 

24 to improve the acquisition workforce and to 


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1 achieve cost savings in acquisition manage2 ment.’’. 

3 (2) CLERICAL AMENDMENT.—The table of con4 tents in section 1(b) of the Homeland Security Act of 

5 2002 (6 U.S.C. 101 et seq.) is further amended by 

6 adding after the item relating to section 838 the fol7 lowing new item: 

‘‘Sec. 839. Multiyear acquisition strategy.’’. 

8 (b) CONFORMING AMENDMENT TO FUTURE YEARS

9 HOMELAND SECURITY PROGRAM.—Section 874(b) of the 

10 Homeland Security Act of 2002 (6 U.S.C. 454(b)) is 

11 amended— 

12 (1) by striking ‘‘and’’ at the end of paragraph 

13 (2); 

14 (2) by striking the period at the end of para15 graph (3) and inserting ‘‘; and’’; and 

16 (3) by adding at the end the following new para17 graph: 

18 ‘‘(4) include the multiyear acquisition strategy 

19 required under section 839 of this Act.’’. 

20 SEC. 233. ACQUISITION REPORTS. 

21 (a) IN GENERAL.—Subtitle D of title VIII of the 

22 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is 

23 further amended by adding at the end the following new 

24 section: 


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1 ‘‘SEC. 840. ACQUISITION REPORTS. 

2 ‘‘(a) COMPREHENSIVE ACQUISITION STATUS RE3 PORT.— 

4 ‘‘(1) IN GENERAL.—The Under Secretary for 

5 Management each year shall submit to the congres6 sional homeland security committees, at the same 

7 time as the President’s budget is submitted for a fiscal 

8 year under section 1105(a) of title 31, United States 

9 Code, a comprehensive acquisition status report. The 

10 report shall include the following: 

11 ‘‘(A) The information required under the 

12 heading ‘Office of the Under Secretary for Man13 agement’ under title I of division D of the Con14 solidated Appropriations Act, 2012 (Public Law 

15 112–74) (as required under the Department of 

16 Homeland Security Appropriations Act, 2013 

17 (Public Law 113–6)). 

18 ‘‘(B) A listing of programs that have been 

19 cancelled, modified, paused, or referred to the 

20 Under Secretary for Management or Deputy Sec21 retary for additional oversight or action by the 

22 Board, Department Office of Inspector General, 

23 or the Comptroller General. 

24 ‘‘(C) A listing of established Executive 

25 Steering Committees, which provide governance 

26 of a program or related set of programs and 


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1 lower-tiered oversight, and support between ac2 quisition decision events and component reviews, 

3 including the mission and membership for each. 

4 ‘‘(2) INFORMATION FOR MAJOR ACQUISITION

5 PROGRAMS.—For each major acquisition program, the 

6 report shall include the following: 

7 ‘‘(A) A narrative description, including cur8 rent gaps and shortfalls, the capabilities to be 

9 fielded, and the number of planned increments or 

10 units. 

11 ‘‘(B) Acquisition Review Board (or other 

12 board designated to review the acquisition) sta13 tus of each acquisition, including the current ac14 quisition phase, the date of the last review, and 

15 a listing of the required documents that have 

16 been reviewed with the dates reviewed or ap17 proved. 

18 ‘‘(C) The most current, approved acquisi19 tion program baseline (including project sched20 ules and events). 

21 ‘‘(D) A comparison of the original acquisi22 tion program baseline, the current acquisition 

23 program baseline, and the current estimate. 

24 ‘‘(E) Whether or not an independent 

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1 mented, with an explanation for the decision and 

2 a summary of any findings. 

3 ‘‘(F) A rating of cost risk, schedule risk, 

4 and technical risk associated with the program 

5 (including narrative descriptions and mitigation 

6 actions). 

7 ‘‘(G) Contract status (including earned 

8 value management data as applicable). 

9 ‘‘(H) A lifecycle cost of the acquisition, and 

10 time basis for the estimate. 

11 ‘‘(3) UPDATES.—The Under Secretary shall sub12 mit quarterly updates to such report not later than 

13 45 days after the completion of each quarter. 

14 ‘‘(b) QUARTERLY PROGRAM ACCOUNTABILITY RE15 PORT.—The Under Secretary for Management shall prepare 

16 a quarterly program accountability report to meet the De17 partment’s mandate to perform program health assessments 

18 and improve program execution and governance. The report 

19 shall be submitted to the congressional homeland security 

20 committees.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents in 

22 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

23 101 et seq.) is further amended by adding after the item 

24 relating to section 839 the following new item: 

‘‘Sec. 840. Acquisition reports.’’. 


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1 SEC. 234. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 

2 OF MULTIYEAR ACQUISITION STRATEGY. 

3 (a) REVIEW REQUIRED.—After submission to Congress 

4 of the first multiyear acquisition strategy (pursuant to sec5 tion 839 of the Homeland Security Act of 2002) after the 

6 date of the enactment of this Act, the Comptroller General 

7 of the United States shall conduct a review of the plan with8 in 180 days to analyze the viability of the plan’s effective9 ness in the following: 

10 (1) Complying with the requirements in section 

11 839 of the Homeland Security Act of 2002, as added 

12 by section 232 of this Act. 

13 (2) Establishing clear connections between De14 partment objectives and acquisition priorities. 

15 (3) Demonstrating that Department acquisition 

16 policy reflects program management best practices 

17 and standards. 

18 (4) Ensuring competition or the option of com19 petition for major acquisition programs. 

20 (5) Considering potential cost savings through 

21 using already-existing technologies when developing 

22 acquisition program requirements. 

23 (6) Preventing duplication within Department 

24 acquisition workforce training requirements through 

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1 eral Government, academic community, or private in2 dustry. 

3 (7) Providing incentives for program managers 

4 to reduce acquisition and procurement costs through 

5 the use of best practices and disciplined program 

6 management. 

7 (8) Maximizing small business utilization in ac8 quisitions by, to the maximum extent practicable, en9 suring strategic sourcing vehicles seek to increase par10 ticipation by small businesses, including small and 

11 disadvantaged business. 

12 (9) Assessing the feasibility of conducting a pilot 

13 program to establish a Homeland Security Acquisi14 tion Workforce Development Fund. 

15 (b) REPORT REQUIRED.—The Comptroller General 

16 shall submit to the congressional homeland security com17 mittees a report on the review required by this section. The 

18 report shall be submitted in unclassified form but may in19 clude a classified annex. 

20 SEC. 235. OFFICE OF INSPECTOR GENERAL REPORT. 

21 (a) REVIEW REQUIRED.—No later than 2 years fol22 lowing the submission of the report submitted by the Comp23 troller General of the United States as required by section 

24 234, the Department’s Inspector General shall conduct a re25 view of whether the Department has complied with the 


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1 multiyear acquisition strategy (pursuant to section 839 of 

2 the Homeland Security Act of 2002) and adhered to the 

3 strategies set forth in the plan. The review shall also con4 sider whether the Department has complied with the re5 quirements to provide the Acquisition Review Board with 

6 a capability development plan for each major acquisition 

7 program. 

8 (b) REPORT REQUIRED.—The Inspector General shall 

9 submit to the congressional homeland security committees 

10 a report of the review required by this section. The report 

11 shall be submitted in unclassified form but may include a 

12 classified annex. 


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Union Calendar No. 226 

114TH CONGRESS 

1ST SESSION H. R. 3572 

[Report No. 114–297] 

A BILL 

To amend the Homeland Security Act of 2002 to 

ance, and for other purposes. ter policy, planning, management, and performport the Department’s efforts to implement betthe Department of Homeland Security and supreform, streamline, and make improvements to 

OCTOBER 20, 2015 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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