I 

114TH CONGRESS 

1ST SESSION H. R. 3572 

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 

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. 

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’’. 


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

2 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. 

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. 

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. 


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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 (17) as paragraphs (15) through (19); 

10 (2) by redesignating paragraphs (9) through 

11 (12) 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 

17 Federal, State, local, and tribal government officials, 

18 private sector representatives, academics, and other 

19 policy experts.’’; and 

20 (4) by inserting after paragraph (13), as so re21 designated, the following: 

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

23 transformation’— 

24 ‘‘(A) means the development of consistent 

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1 nology, financial management, acquisition man2 agement, and human capital management; and 

3 ‘‘(B) includes governing processes and pro4 cedures, management systems, personnel activi5 ties, budget and resource planning, training, 

6 real estate management, and provision of secu7 rity, as they relate to functions cited in sub8 paragraph (A).’’. 

9 SEC. 102. HEADQUARTERS COMPONENTS. 

10 (a) IN GENERAL.—Section 102 of the Homeland Se11 curity Act of 2002 (6 U.S.C. 112) is amended— 

12 (1) in subsection (c)— 

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

14 by striking ‘‘through the Office of State and 

15 Local Coordination (established under section 

16 801)’’ and inserting ‘‘through the Office of 

17 Partnership and Engagement’’; 

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

19 after the semicolon at the end; 

20 (C) in paragraph (3), by striking the pe21 riod and inserting ‘‘; and’’; and 

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

23 ‘‘(4) entering into agreements with governments 

24 of other countries, in consultation with the Secretary 

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1 zations in order to achieve the missions of the De2 partment.’’; and 

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

4 ‘‘(h) HEADQUARTERS.— 

5 ‘‘(1) COMPONENTS.—The Department Head6 quarters shall include the following: 

7 ‘‘(A) The Office of the Secretary. 

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

9 ‘‘(C) The Executive Secretariat. 

10 ‘‘(D) The Management Directorate, includ11 ing the Office of the Chief Financial Officer. 

12 ‘‘(E) The Office of Policy. 

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

14 ‘‘(G) The Office of the Chief Privacy Offi15 cer. 

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

17 Liberties. 

18 ‘‘(I) The Office of Operations and Coordi19 nation and Planning. 

20 ‘‘(J) The Office of Intelligence and Anal21 ysis. 

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

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

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

25 Headquarters, shall— 


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

2 strategy for successfully completing its mission; 

3 ‘‘(B) establish initiatives that improve per4 formance Departmentwide; 

5 ‘‘(C) establish mechanisms to ensure that 

6 components of the Department comply with 

7 Headquarters policies and fully implement the 

8 Secretary’s strategies and initiatives; 

9 ‘‘(D) establish annual operational and 

10 management objectives to determine the De11 partment’s performance; 

12 ‘‘(E) ensure that the Department success13 fully meets operational and management per14 formance objectives through conducting over15 sight of component agencies; 

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

17 investments, and workforce of Department 

18 agencies align with Department objectives; 

19 ‘‘(G) establish and implement policies re20 lated to Department ethics and compliance 

21 standards; 

22 ‘‘(H) manage and encourage shared serv23 ices across Department components; 

24 ‘‘(I) lead and coordinate interaction with 

25 Congress and other external organizations; and 


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

2 Secretary determines are appropriate.’’. 

3 (b) ABOLISHMENT OF DIRECTOR OF SHARED SERV4 ICES.— 

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

6 Shared Services is abolished. 

7 (2) CONFORMING AMENDMENT.—Section 475 

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

9 295), and the item relating to such section in the 

10 table of contents in section 1(b) of such Act, are re11 pealed. 

12 SEC. 103. CHIEF PRIVACY OFFICER. 

13 (a) IN GENERAL.—Section 222 of the Homeland Se14 curity Act of 2002 (6 U.S.C. 142) is amended— 

15 (1) in subsection (a)— 

16 (A) in the matter preceding paragraph 

17 (1)— 

18 (i) by inserting ‘‘to be the Chief Pri19 vacy Officer of the Department,’’ after ‘‘in 

20 the Department,’’; and 

21 (ii) by striking ‘‘, to assume’’ and in22 serting ‘‘and who shall have’’; and 

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

24 follows: 


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1 ‘‘(6) preparing a report to Congress on an an2 nual basis on— 

3 ‘‘(A) activities of the Department that af4 fect privacy, including complaints of privacy 

5 violations, implementation of section 554 of 

6 title 5, United States Code (popularly known as 

7 the Privacy Act of 1974), internal controls, and 

8 other matters; and 

9 ‘‘(B) the number of new technology pro10 grams implemented in the Department each fis11 cal year, the number of those programs that the 

12 Chief Privacy Officer has evaluated to ensure 

13 that privacy protections are considered and im14 plemented, the number of those programs that 

15 effectively implemented privacy protections into 

16 new technology programs, and an explanation 

17 of why any new programs did not effectively im18 plement privacy protections.’’; 

19 (2) by redesignating subsections (b) through (e) 

20 as subsections (c) through (f); 

21 (3) by inserting after subsection (a) the fol22 lowing: 

23 ‘‘(b) ADDITIONAL RESPONSIBILITIES.—In addition 

24 to the responsibilities under subsection (a), the Chief Pri25 vacy Officer shall— 


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

2 the Department in developing privacy policies and 

3 practices; 

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, manage11 ment policies, and procedures; 

12 ‘‘(4) work with components and offices of the 

13 Department to ensure that information sharing ac14 tivities incorporate privacy protections; 

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

16 for managing and processing requests related to sec17 tion 552 of title 5, United States Code, popularly 

18 known as the Freedom of Information Act; 

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

20 be followed when making requests for information 

21 under 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, 

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1 quarters and relevant Department component of2 fices; 

3 ‘‘(8) identify and eliminate unnecessary and du4 plicative actions taken by the Department in the 

5 course of processing requests for information under 

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

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

8 Secretary determines are appropriate, consistent 

9 with this section.’’; and 

10 (4) by adding at the end the following: 

11 ‘‘(g) REASSIGNMENT OF FUNCTIONS.—The Sec12 retary may reassign the functions related to managing and 

13 processing requests for information under section 552 of 

14 title 5, United States Code, to another officer within the 

15 Department, consistent with requirements of that sec16 tion.’’. 

17 SEC. 104. OFFICE OF POLICY. 

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

19 2002 (6 U.S.C. 101 et seq.) is amended by— 

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

21 and transferring that section to appear immediately 

22 after section 890A; and 

23 (2) striking the heading for title VI and insert24 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 

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

8 and consent of the Senate. 

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

10 is to lead, conduct, and coordinate Departmentwide 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 Engage16 ment 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 De5 partment to ensure that development of the Depart6 ment’s budget is compatible with the priorities, stra7 tegic plans, and policies established by the Sec8 retary, including those priorities identified through 

9 the Quadrennial Homeland Security Review required 

10 under 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 out15 side stakeholders’ perspectives to components of the 

16 Department; 

17 ‘‘(4) establish a process to ensure that organi18 zations and other persons that are not part of the 

19 Department can communicate with Department 

20 components without compromising adherence by the 

21 officials of such components to the Department’s 

22 ethics and 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, 

3 and actions on State, local, tribal, and territorial 

4 governments; 

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 Advi9 sory Council and make studies available to the Com10 mittee on Homeland Security of the House of Rep11 resentatives and the Committee on Homeland Secu12 rity and Governmental Affairs of the Senate on an 

13 annual basis; and 

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

15 Secretary determines are appropriate, consistent 

16 with this section. 

17 ‘‘(e) COORDINATION BY DEPARTMENT COMPO18 NENTS.— 

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

20 the Secretary’s policy priorities, the head of each 

21 component of the Department shall coordinate with 

22 the Office of Policy, as appropriate, in establishing 

23 new policies or strategic planning guidance. 

24 ‘‘(2) INTERNATIONAL ACTIVITIES.— 


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1 ‘‘(A) FOREIGN NEGOTIATIONS.—Each 

2 component of the Department shall coordinate 

3 with the Under Secretary for Policy plans and 

4 efforts of the component before pursuing nego5 tiations with foreign governments, to ensure 

6 consistency with the Department’s policy prior7 ities. 

8 ‘‘(B) NOTICE OF INTERNATIONAL TRAVEL

9 BY SENIOR OFFICERS.—Each component of the 

10 Department shall notify the Under Secretary 

11 for Policy of the international travel of senior 

12 officers of the Department. 

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

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

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

16 821, and 888(d), other appropriate personnel detailed 

17 from other components of the Department to carry out 

18 the responsibilities under this section. 

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

20 ‘‘(a) IN GENERAL.—There shall be in the Office of 

21 Policy an Office of Partnership and Engagement. 

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

23 an Assistant Secretary for Partnership and Engagement 

24 to serve as the head of the Office. 


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

2 for Partnership and Engagement shall— 

3 ‘‘(1) lead the coordination of Departmentwide 

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 

12 regarding Department programs that may impact 

13 such 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 

19 that law enforcement and terrorism-focused grants 

20 to State, local, and tribal government agencies, in21 cluding grants under sections 2003 and 2004, the 

22 Commercial Equipment Direct Assistance Program, 

23 and other grants administered by the Department to 

24 support fusion centers and law enforcement-oriented 


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1 programs, are appropriately focused on terrorism 

2 prevention activities; 

3 ‘‘(5) coordinate with the Science and Tech4 nology Directorate, the Federal Emergency Manage5 ment Agency, the Department of Justice, the Na6 tional Institute of Justice, law enforcement organiza7 tions, and other appropriate entities to support the 

8 development, promulgation, and updating, as nec9 essary, of national voluntary consensus standards 

10 for training and personal protective equipment to be 

11 used in a tactical environment by law enforcement 

12 officers; 

13 ‘‘(6) create and foster strategic communications 

14 with the private sector to enhance the primary mis15 sion of the Department to protect the American 

16 homeland; 

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

18 Department’s policies, regulations, processes, and 

19 actions on the private sector; 

20 ‘‘(8) interface with other relevant Federal agen21 cies with homeland security missions to assess the 

22 impact of these agencies’ actions on the private sec23 tor; 


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

2 councils composed of representatives of industries 

3 and associations designated by the Secretary to— 

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

5 products, applications, and solutions as they re6 late to homeland security challenges; 

7 ‘‘(B) advise the Secretary on homeland se8 curity policies, regulations, processes, and ac9 tions that affect the participating industries 

10 and associations; and 

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

12 preparedness issues, including effective methods 

13 for— 

14 ‘‘(i) promoting voluntary preparedness 

15 standards to the private sector; and 

16 ‘‘(ii) assisting the private sector in 

17 adopting voluntary preparedness stand18 ards; 

19 ‘‘(10) promote existing public-private partner20 ships and developing new public-private partnerships 

21 to provide for collaboration and mutual support to 

22 address homeland security challenges; 

23 ‘‘(11) assist in the development and promotion 

24 of private sector best practices to secure critical in25 frastructure; 


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

2 regarding voluntary preparedness standards and the 

3 business justification for preparedness and pro4 moting to the private sector the adoption of vol5 untary preparedness standards; 

6 ‘‘(13) coordinate industry efforts, with respect 

7 to functions of the Department of Homeland Secu8 rity, to identify private sector resources and capabili9 ties that could be effective in supplementing Federal, 

10 State, and local government agency efforts to pre11 vent or respond to a terrorist attack; 

12 ‘‘(14) coordinate with the Commissioner of Cus13 toms and Border Protection and the appropriate 

14 senior official of the Department of Commerce on 

15 issues related to the travel and tourism industries; 

16 ‘‘(15) coordinate the activities of the Depart17 ment relating to State and local government; 

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

19 needed by State and local governments to implement 

20 the national strategy for combating terrorism; 

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

22 regular information, research, and technical support 

23 to assist local efforts at securing the homeland; 

24 ‘‘(18) develop a process for receiving meaning25 ful input from State and local governments to assist 


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1 the development of the national strategy for com2 bating terrorism and other homeland security activi3 ties; and 

4 ‘‘(19) perform such other functions as are es5 tablished by law or delegated to such Assistant Sec6 retary by the Under Secretary for Policy. 

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

8 ‘‘(a) IN GENERAL.—There shall be in the Office of 

9 Policy an Office of International Affairs. 

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

11 an Assistant Secretary for International Affairs to serve 

12 as the head of the Office and as the chief diplomatic offi13 cer of the Department. 

14 ‘‘(c) FUNCTIONS.— 

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

16 International Affairs shall— 

17 ‘‘(A) coordinate international functions 

18 within the Department, including functions car19 ried out by the components of the Department, 

20 in consultation with other Federal officials with 

21 responsibility for counterterrorism and home22 land security matters; 

23 ‘‘(B) advise, inform, and assist the Sec24 retary, in consultation with overseas Depart25 ment personnel, on strategies, foreign policy 


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1 matters, and the Department’s international 

2 programs; 

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

4 Under Secretary for Management, guidance for 

5 selecting, assigning, training, and monitoring 

6 overseas deployments of Department personnel, 

7 including minimum standards for 

8 predeployment training; 

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

10 with all components of the Department engaged 

11 in international activities, a strategic plan for 

12 the international activities of the Department, 

13 establish a process for managing its implemen14 tation, and monitor the ability of the Depart15 ment’s components to comply with such a proc16 ess; 

17 ‘‘(E) develop and distribute guidance on 

18 Department policy priorities for overseas func19 tions to personnel deployed overseas, that, at a 

20 minimum, sets forth the regional and national 

21 priorities being advanced by their deployment; 

22 ‘‘(F) maintain awareness regarding the 

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1 tions with foreign government officials, and re2 view resulting draft agreements; 

3 ‘‘(G) develop, in consultation with the com4 ponents of the Department, including, as appro5 priate, with the Under Secretary for the Science 

6 and Technology Directorate, programs to sup7 port the overseas programs conducted by the 

8 Department, including training, technical as9 sistance, and equipment to ensure that Depart10 ment personnel deployed abroad have proper re11 sources and receive adequate and timely sup12 port; 

13 ‘‘(H) conduct the exchange of homeland 

14 security information, in consultation with the 

15 Under Secretary of the Office of Intelligence 

16 and Analysis, and best practices relating to 

17 homeland security with foreign nations that, in 

18 the determination of the Secretary, reciprocate 

19 the sharing of such information in a substan20 tially similar manner; 

21 ‘‘(I) submit information to the Under Sec22 retary for Policy for oversight purposes, includ23 ing preparation of the quadrennial homeland se24 curity review and on the status of overseas ac25 tivities, including training and technical assistVerDate Sep 11 2014 23:52 Sep 25, 2015 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3572.IH H3572

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1 ance and information exchange activities and 

2 the Department’s resources dedicated to these 

3 activities; 

4 ‘‘(J) promote, when appropriate, and over5 see the exchange of education, training, and in6 formation with nations friendly to the United 

7 States in order to share best practices relating 

8 to homeland security; and 

9 ‘‘(K) perform such other functions as are 

10 established by law or delegated by the Under 

11 Secretary for Policy. 

12 ‘‘(2) INVENTORY OF ASSETS DEPLOYED

13 ABROAD.—For each fiscal year, the Assistant Sec14 retary for International Affairs, in coordination with 

15 the Under Secretary for Management, shall provide 

16 to the Committee on Homeland Security of the 

17 House of Representatives and the Committee on 

18 Homeland Security and Governmental Affairs of the 

19 Senate with the annual budget request for the De20 partment, an annual accounting of all assets of the 

21 Department, including personnel, deployed outside 

22 the United States on behalf of the Department. 

23 ‘‘(3) EXCLUSIONS.—This subsection does not 

24 apply to international activities related to the protec25 tive mission of the United States Secret Service, or 


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1 to the Coast Guard when operating under the direct 

2 authority of the Secretary of Defense or the Sec3 retary of the Navy. 

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

5 ‘‘(a) IN GENERAL.—There shall be in the Office of 

6 Policy an Office of Policy Implementation. 

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

8 a Director of the Office of Policy Implementation to serve 

9 as the head of the Office. 

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

11 of Policy Implementation shall lead, conduct, coordinate, 

12 and provide overall direction and supervision of Depart13 mentwide policy development for the programs, offices, 

14 and activities of the Department, in consultation with rel15 evant officials of the Department, to ensure quality, con16 sistency, and integration across the Department, as appro17 priate. 

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

19 ‘‘(a) IN GENERAL.—There shall be in the Office of 

20 Policy of the Department an Office of Strategy and Plan21 ning. 

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

23 a Director of the Office of Strategy and Planning who 

24 shall serve as the head of the Office. 


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

2 of Strategy and Planning shall— 

3 ‘‘(1) lead and conduct long-term Department4 wide strategic planning, including the Quadrennial 

5 Homeland Security Review and planning guidance 

6 for the Department, and translate the Department’s 

7 statutory responsibilities, strategic plans, and long8 term goals into risk-based policies and procedures 

9 that improve operational effectiveness; and 

10 ‘‘(2) develop strategies to address unconven11 tional threats to the homeland.’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents 

13 in section 1(b) of such Act is amended— 

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

15 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. 

‘‘Sec. 604. Office of Policy Implementation. 

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

16 (2) by inserting after the item relating to sec17 tion 889, and inserting after the item relating sec18 tion 890A the following: 

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

of the United States and other governmental organizations.’’. 

19 (c) APPOINTMENT OF UNDER SECRETARY FOR POL20 ICY; CONTINUATION OF SERVICE OF ASSISTANT SEC21 RETARY.— 


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1 (1) TIME OF APPOINTMENT.—The President 

2 may appoint an Under Secretary for Policy under 

3 section 601 of the Homeland Security Act of 2002, 

4 as amended by this Act, only on or after January 

5 20, 2017. 

6 (2) HEAD OF OFFICE PENDING APPOINT7 MENT.—The individual serving as the Assistant Sec8 retary for Policy of the Department of Homeland 

9 Security on the date of the enactment of this Act, 

10 or their successor, may continue to serve as an As11 sistant Secretary and as the head of the Office of 

12 Policy established by such section, until the date on 

13 which the Under Secretary for Policy is appointed 

14 under such section in accordance with paragraph 

15 (1). 

16 (d) APPOINTMENT OF ASSISTANT SECRETARY FOR

17 INTERNATIONAL AFFAIRS; ABOLISHMENT OF EXISTING

18 OFFICE.— 

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

20 Homeland Security may appoint an Assistant Sec21 retary for International Affairs under section 602 of 

22 the Homeland Security Act of 2002, as amended by 

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

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1 retary for International Affairs of the Department of 

2 Homeland Security on the date of the enactment of 

3 this Act, or their successor, may continue to serve 

4 as a Deputy Assistant Secretary and as the head of 

5 the Office of International Affairs established by 

6 such section, until the date the Under Secretary for 

7 Policy is appointed under such section in accordance 

8 with paragraph (1). 

9 (3) ABOLISHMENT OF EXISTING OFFICE..— 

10 (A) IN GENERAL.—The Office of Inter11 national Affairs within the Office of the Sec12 retary is abolished. 

13 (B) TRANSFER OF ASSETS AND PER14 SONNEL.—The assets and personnel associated 

15 with such Office are transferred to the head of 

16 the Office of International Affairs provided for 

17 by section 603 of the Homeland Security Act of 

18 2002, as amended by this Act. 

19 (C) CONFORMING AMENDMENT.—Sub20 section 879 of the Homeland Security Act of 

21 2002 (6 U.S.C. 459), and the item relating to 

22 such section in section 1(b) of such Act, are re23 pealed. 

24 (e) ABOLISHMENT OF OFFICE FOR STATE AND

25 LOCAL LAW ENFORCEMENT.— 


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

2 Local Law Enforcement of the Department of 

3 Homeland Security is abolished. 

4 (2) TRANSFER OF FUNCTIONS, ASSETS, AND

5 PERSONNEL.—The functions authorized to be per6 formed by such office immediately before the enact7 ment of this Act, and the assets and personnel asso8 ciated with such functions, are transferred to the 

9 head of the Office of Partnership and Engagement 

10 provided for by section 602 of the Homeland Secu11 rity Act of 2002, as amended by this Act. 

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

13 of section 2006 of the Homeland Security Act of 

14 2002 (6 U.S.C. 607) is repealed. 

15 (f) ABOLISHMENT OF OFFICE FOR STATE AND

16 LOCAL GOVERNMENT COORDINATION.— 

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

18 Local Government Coordination of the Department 

19 of Homeland Security is abolished. 

20 (2) TRANSFER OF FUNCTIONS AND ASSETS.— 

21 The functions authorized to be performed by such 

22 office immediately before the enactment of this Act, 

23 and the assets and personnel associated with such 

24 functions, are transferred to the head of Office of 

25 Partnership and Engagement provided for by section 


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1 602 of the Homeland Security Act of 2002, as 

2 amended by this Act. 

3 (3) CONFORMING AMENDMENTS.—Section 801 

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

5 631), and the item relating to that section in the 

6 table of contents in section 1(b) of such Act, are re7 pealed. 

8 (g) ABOLISHMENT OF SPECIAL ASSISTANT TO THE

9 SECRETARY.— 

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

11 Secretary authorized by section 102(f) of the Home12 land Security Act of 2002, as in effect immediately 

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

14 is abolished. 

15 (2) TRANSFER OF FUNCTIONS AND ASSETS.— 

16 The functions authorized to be performed by such 

17 Special Assistant to the Secretary immediately be18 fore the enactment of this Act, and the assets and 

19 personnel associated with such functions, are trans20 ferred to the head of the Office of Partnership and 

21 Engagement provided for by section 602 of the 

22 Homeland Security Act of 2002, as amended by this 

23 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 repealed. 

4 (h) CONFORMING AMENDMENTS RELATING TO AS5 SISTANT SECRETARIES.—Section 103(a) of the Homeland 

6 Security 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 

17 of the Senate: 

18 ‘‘(i) The Assistant Secretary, U.S. 

19 Immigration 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 

4 of Public Affairs. 

5 ‘‘(iii) The Assistant Secretary, Office 

6 of 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 

13 International Affairs under section 602. 

14 ‘‘(iii) The Assistant Secretary for 

15 Partnership and Engagement under sec16 tion 603. 

17 ‘‘(D) LIMITATION ON CREATION OF POSI18 TIONS.—No Assistant Secretary position may 

19 be created in addition to the positions provided 

20 for by this section unless such position is au21 thorized by a statute enacted after the date of 

22 the enactment of the DHS Headquarters Re23 form and Improvement Act of 2015.’’. 

24 (i) HOMELAND SECURITY ADVISORY COUNCIL.—Sec25 tion 102(b) of the Homeland Security Act of 2002 (6 


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1 U.S.C. 112(b)) is amended by striking ‘‘and’’ after the 

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

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

4 adding at the end the following: 

5 ‘‘(4) shall establish a Homeland Security Advi6 sory Council to provide advice and recommendations 

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

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

9 may be created to perform functions transferred by this 

10 section, other than as provided in section 601 of the 

11 Homeland Security Act of 2002, as amended by this Act. 

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

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

14 that term has under section 2 of the Homeland Security 

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

16 (l) DUPLICATION REVIEW.—The Secretary of Home17 land Security shall— 

18 (1) within 1 year after the date of the enact19 ment of this Act, complete a review of the inter20 national affairs offices, functions, and responsibil21 ities of the components of the Department of Home22 land Security, to identify and eliminate areas of un23 necessary duplication; and 

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

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1 mittee on Homeland Security of the House of Rep2 resentatives and the Committee on Homeland Secu3 rity and Governmental Affairs of the Senate. 

4 SEC. 105. QUADRENNIAL HOMELAND SECURITY REVIEW. 

5 Section 707 of the Homeland Security Act of 2002 

6 (6 U.S.C. 347) is amended— 

7 (1) in subsection (a)— 

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

9 follows: 

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

11 and every 4 years thereafter, the Secretary shall 

12 conduct a review of the homeland security of the Na13 tion (in this section referred to as a ‘quadrennial 

14 homeland security review’). Such review shall be con15 ducted so that it is completed, and the report under 

16 subsection (c) is issued, by no later than December 

17 31, 2017, and by December 31 of every fourth year 

18 thereafter.’’; and 

19 (B) in paragraph (3) by striking ‘‘The Sec20 retary shall conduct each quadrennial homeland 

21 security review under this subsection in con22 sultation with’’ and inserting ‘‘In order to en23 sure that each quadrennial homeland security 

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1 ducted by the Secretary of Defense under sec2 tion 118 of title 10, United States Code, and 

3 any other major strategic review relating to di4 plomacy, intelligence, or other national security 

5 issues, the Secretary shall conduct and obtain 

6 information and feedback from entities of the 

7 homeland security enterprise through’’; 

8 (2) in subsection (b)— 

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

10 after the semicolon at the end; 

11 (B) in paragraph (6), by striking the pe12 riod and inserting ‘‘; and’’; and 

13 (C) by adding after paragraph (6) the fol14 lowing: 

15 ‘‘(7) leverage analytical tools and resources de16 veloped as part of the quadrennial homeland security 

17 review to support the Department’s ongoing pro18 grams and missions.’’; and 

19 (3) in subsection (c)(2)— 

20 (A) by striking ‘‘and’’ after the semicolon 

21 at the end of subparagraph (H); 

22 (B) by redesignating subparagraph (I) as 

23 subparagraph (L); and 

24 (C) by inserting after subparagraph (H) 

25 the following: 


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

2 under the quadrennial homeland security review 

3 will inform efforts to develop capabilities and 

4 build capacity of States, local governments, In5 dian tribes, and private entities, and of individ6 uals, families, and communities; 

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

8 the authorities, organization, governance struc9 ture, or business processes (including acquisi10 tion processes) of the Department in order to 

11 better fulfill responsibilities of the Department; 

12 and 

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

14 including materials prepared pursuant to sec15 tion 306 of title 5, relating to the preparation 

16 of an agency strategic plan, to satisfy, in whole 

17 or in part, the reporting requirements of this 

18 paragraph.’’. 

19 SEC. 106. FUTURE YEARS HOMELAND SECURITY PROGRAM. 

20 Section 874 of the Homeland Security Act of 2002 

21 (6 U.S.C. 454) is amended— 

22 (1) by amending subsection (a) to read as fol23 lows: 

24 ‘‘(a) IN GENERAL.—Not later than the 30 days fol25 lowing the date of each fiscal year on which the budget 


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1 of the President is submitted to Congress under section 

2 1105(a) of title 31, United States Code, the Secretary 

3 shall submit to the Committee on Homeland Security of 

4 the House of Representatives and the Committee on 

5 Homeland Security and Governmental Affairs of the Sen6 ate a Future Years Homeland Security Program that pro7 vides detailed estimates of the projected expenditures and 

8 corresponding requests for appropriations included in that 

9 budget. The Future Years Homeland Security Program 

10 shall cover the fiscal year for which the budget is sub11 mitted and the 4 succeeding fiscal years.’’; and 

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

13 ‘‘(d) CONSISTENCY OF BUDGET REQUEST WITH ES14 TIMATES.—For each fiscal year, the Secretary shall ensure 

15 that the projected amounts specified in program and 

16 budget information for the Department submitted to Con17 gress in support of the President’s budget request are con18 sistent with the estimated expenditures and proposed ap19 propriations necessary to support the programs, projects, 

20 and activities of the Department included in the budget 

21 pursuant to section 1105(a)(5) of title 31, United States 

22 Code. 

23 ‘‘(e) EXPLANATION OF ALIGNMENT WITH STRATE24 GIES AND PLANS.—Together with the detailed estimates 

25 of the projected expenditures and corresponding requests 


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1 for appropriations submitted for the Future Years Home2 land Security Program, the Secretary shall provide an ex3 planation of how those estimates and requests align with 

4 the homeland security strategies and plans developed and 

5 updated as appropriate by the Secretary. Such explanation 

6 shall include an evaluation of the organization, organiza7 tional structure, governance structure, and business proc8 esses (including acquisition processes) of the Department, 

9 to ensure that the Department is able to meet its respon10 sibilities. 

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

12 Each Future Years Homeland Security Program shall 

13 project— 

14 ‘‘(1) acquisition estimates for a period of 5 fis15 cal years, with specified estimates for each fiscal 

16 year, for major acquisition programs by the Depart17 ment and each component therein, including mod18 ernization and sustainment expenses; and 

19 ‘‘(2) estimated annual deployment schedules for 

20 major acquisition programs over the 5-fiscal-year pe21 riod. 

22 ‘‘(g) CONTINGENCY AMOUNTS.—Nothing in this sec23 tion shall be construed as prohibiting the inclusion in the 

24 Future Years Homeland Security Program of amounts for 


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1 management contingencies, subject to the requirements of 

2 subsection (b). 

3 ‘‘(h) CLASSIFIED OR SENSITIVE ANNEX.—The Sec4 retary may include with each submission under this sec5 tion a classified or sensitive annex containing any informa6 tion required to be submitted under this section that is 

7 restricted from public disclosure in accordance with Fed8 eral law, including information that is determined to be 

9 Sensitive Security Information under section 537 of the 

10 Department of Homeland Security Appropriations Act, 

11 2006 (6 U.S.C. 114) to Congress in a classified or sen12 sitive annex. 

13 ‘‘(i) AVAILABILITY OF INFORMATION TO THE PUB14 LIC.—The Secretary shall make available to the public in 

15 electronic form the information required to be submitted 

16 to Congress under this section, other than information de17 scribed in subsection (h).’’. 

18 SEC. 107. MANAGEMENT AND EXECUTION. 

19 Section 701 of the Homeland Security Act of 2002 

20 (6 U.S.C. 341) is amended by redesignating subsections 

21 (c) and (d) as subsections (e) and (f), respectively, and 

22 by striking subsections (a) and (b) and inserting the fol23 lowing: 


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1 ‘‘(a) IN GENERAL.—Subject to the direction and con2 trol of the Secretary, the Under Secretary for Manage3 ment shall serve as the following: 

4 ‘‘(1) The Chief Management Officer for all mat5 ters related to the management and administration 

6 of the Department in support of homeland security 

7 operations and programs. With regard to the man8 agement functions for which the Under Secretary 

9 has responsibility by law or by direction of the Sec10 retary, the Under Secretary for Management takes 

11 precedence in the Department after the Secretary 

12 and the Deputy Secretary of Homeland Security. 

13 ‘‘(2) The senior official with the authority to 

14 administer, implement, and direct management inte15 gration and transformation across functional dis16 ciplines of the Department, including— 

17 ‘‘(A) information technology, financial 

18 management, acquisition management, and 

19 human capital management of the Department 

20 to improve program efficiency and effectiveness; 

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

22 regulations, and the Department’s policies; 

23 ‘‘(C) conduct regular oversight; and 

24 ‘‘(D) prevent unnecessary duplication of 

25 programs in the Department. 


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1 ‘‘(b) RESPONSIBILITIES.—In addition to responsibil2 ities designated by the Secretary or otherwise established 

3 by law, the Under Secretary for Management shall be re4 sponsible for performing, or delegating responsibility for 

5 performing, the following activities of the Department: 

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

7 of appropriations, expenditures of funds, accounting, 

8 and finance. 

9 ‘‘(2) Acquisition and procurement activities 

10 under section 701(d). 

11 ‘‘(3) Human resources and personnel. 

12 ‘‘(4) Information technology and communica13 tion systems, in consultation with the Under Sec14 retary for Intelligence and Analysis, as appropriate. 

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

16 material resources. 

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

18 ‘‘(7) Security for personnel, information tech19 nology and communications systems, facilities, prop20 erty, equipment, and other material resources. 

21 ‘‘(8) Strategic management planning, annual 

22 performance planning, and identification and track23 ing of performance measures relating to the respon24 sibilities of the Department, including such responVerDate Sep 11 2014 23:52 Sep 25, 2015 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H3572.IH H3572

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1 sibilities under section 306 of title 5, United States 

2 Code. 

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

4 management programs to ensure proper administra5 tion. 

6 ‘‘(10) Management integration and trans7 formation within each functional management dis8 cipline of the Department, including information 

9 technology, financial management, acquisition man10 agement, and human capital management, and the 

11 transition process, to ensure an efficient and orderly 

12 consolidation of functions and personnel in the De13 partment and transition, including the— 

14 ‘‘(A) development of coordinated data 

15 sources and connectivity of information systems 

16 to the greatest extent practical to enhance pro17 gram visibility and transparency; 

18 ‘‘(B) development of standardized, auto19 mated, and real-time management information 

20 to uniformly manage and oversee programs, 

21 and make informed decisions to improve the ef22 ficiency of the Department; 

23 ‘‘(C) development of effective program 

24 management and regular oversight mechanisms, 

25 including clear roles and processes for program 


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1 governance, sharing of best practices, and ac2 cess to timely, reliable, and analyzed data on all 

3 acquisitions and investments; 

4 ‘‘(D) implementation of mechanisms to 

5 promote accountability for management integra6 tion among Department and component chief 

7 officers; 

8 ‘‘(E) integration of financial management 

9 systems within and across the Department to 

10 ensure financial transparency, support daily 

11 operational and financial decisionmaking, and 

12 maintain consecutive unqualified opinions for 

13 all financial statements, including the responsi14 bility to review, approve, and oversee the plan15 ning, design, acquisition, deployment, operation, 

16 maintenance, and modernization of business 

17 systems; 

18 ‘‘(F) integration of human resource man19 agement systems within and across the Depart20 ment to track and record information (including 

21 attrition rates, knowledge, skills, and abilities 

22 critical for workforce planning, identifying cur23 rent and future human capital needs, including 

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1 prove, and oversee the planning, design, acquisi2 tion, deployment, operation, maintenance, and 

3 modernization of business systems; 

4 ‘‘(G) development of a management inte5 gration strategy for the Department and its 

6 components to be submitted annually with the 

7 President’s budget to ensure that management 

8 of the Department is strengthened in the areas 

9 of human capital, acquisition, information tech10 nology, and financial management, which shall 

11 include— 

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

13 effectively guide implementation of inter14 operable business systems solutions; 

15 ‘‘(ii) issuance of guidance and action 

16 plans with dates, specific actions, and costs 

17 for implementing management integration 

18 and transformation of common functional 

19 disciplines across the Department and its 

20 components; 

21 ‘‘(iii) specific operational and tactical 

22 goals, activities, and timelines needed to 

23 accomplish the integration effort; 

24 ‘‘(iv) performance measures to mon25 itor and validate corrective measures; 


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1 ‘‘(v) efforts to identify resources need2 ed to achieve key actions and outcomes; 

3 ‘‘(vi) other issues impeding manage4 ment integration; 

5 ‘‘(vii) reporting to the Government 

6 Accountability Office twice annually to 

7 demonstrate measurable, sustainable 

8 progress made in implementing the De9 partment’s corrective action plans and 

10 achieving key outcomes, including regard11 ing— 

12 ‘‘(I) leadership commitment; 

13 ‘‘(II) capacity building; and 

14 ‘‘(III) continuous monitoring to 

15 address Government Accountability 

16 Office designations of programs at 

17 high risk for waste, fraud, and abuse, 

18 including with respect to strength19 ening management functions; 

20 ‘‘(viii) review and approve any major 

21 update to the Department’s strategy re22 lated to management integration and 

23 transformation across functional disciplines 

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1 mize benefits and minimize costs for the 

2 Department; and 

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

4 in which a Presidential election is held, the 

5 development of a transition and succession 

6 plan to guide the transition of Department 

7 functions to a new Presidential administra8 tion, and making such plan available to the 

9 next Secretary and Under Secretary for 

10 Management and to the homeland security 

11 congressional committees; 

12 ‘‘(H) oversight, including the conduct of 

13 internal audits and management analyses, of 

14 the programs and activities of the Department. 

15 Such supervision includes establishing oversight 

16 procedures to ensure a full and effective review 

17 of the efforts by Department components to im18 plement policies and procedures of the Depart19 ment for management integration and trans20 formation; and 

21 ‘‘(I) any other management duties that the 

22 Secretary may designate.’’. 

23 SEC. 108. CHIEF FINANCIAL OFFICER. 

24 Section 702 of the Homeland Security Act of 2002 

25 (6 U.S.C. 341) is amended by redesignating subsections 


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1 (b) and (c) as subsections (c) and (d), respectively, and 

2 by inserting after subsection (a) the following: 

3 ‘‘(b) RESPONSIBILITIES.—Notwithstanding sections 

4 901 and 1122 of title 31, United States Code, the Chief 

5 Financial Officer, in consultation with the Under Sec6 retary for Management and the Under Secretary for Intel7 ligence and Analysis, as appropriate, shall— 

8 ‘‘(1) lead cost-estimating practices for the De9 partment, including the development of the Depart10 ment’s policy on cost estimating and approval of life 

11 cycle cost estimates; 

12 ‘‘(2) oversee coordination with the Office of Pol13 icy on the Department’s long-term strategic plan14 ning to ensure that the development of the Depart15 ment’s budget is compatible with the priorities, stra16 tegic plans, and policies established by the Sec17 retary; 

18 ‘‘(3) develop and oversee the Department’s fi19 nancial management policy; 

20 ‘‘(4) provide guidance for and over financial 

21 system modernization efforts throughout the Depart22 ment; 

23 ‘‘(5) establish effective internal controls over fi24 nancial reporting systems and processes throughout 

25 the Department; 


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1 ‘‘(6) lead assessments of internal controls re2 lated to the Department’s financial management sys3 tems and review financial processes to ensure that 

4 internal controls are designed properly and operate 

5 effectively; 

6 ‘‘(7) lead the Department’s efforts related to fi7 nancial oversight, including identifying ways to 

8 streamline and standardize business processes; 

9 ‘‘(8) lead and provide guidance on performance10 based budgeting practices for the Department to en11 sure that the Department and its components are 

12 meeting missions and goals; 

13 ‘‘(9) ensure that Department components’ sen14 ior financial officers certify that their major acquisi15 tion programs have adequate resources to execute 

16 their programs through the 5-year future years 

17 homeland security program period, so that the De18 partment’s funding requirements for major acquisi19 tion programs match expected resources; 

20 ‘‘(10) ensure that components identify and re21 port all expected costs of acquisition programs to the 

22 Chief Financial Officer of the Department; 

23 ‘‘(11) oversee Department budget formulation 

24 and execution; and 


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1 ‘‘(12) fully implement a common accounting 

2 structure to be used across the entire Department 

3 by fiscal year 2019.’’. 

4 SEC. 109. CHIEF PROCUREMENT OFFICER. 

5 (a) IN GENERAL.—Title VII of the Homeland Secu6 rity Act of 2002 (6 U.S.C. 341 et seq.) is further amended 

7 by adding at the end the following: 

8 ‘‘SEC. 708. CHIEF PROCUREMENT OFFICER. 

9 ‘‘(a) IN GENERAL.—There is a Chief Procurement 

10 Officer of the Department, who shall report directly to the 

11 Under Secretary for Management. The Chief Procurement 

12 Officer is the senior procurement executive for purposes 

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

14 shall perform procurement functions as specified in such 

15 section. The Chief Procurement Officer also shall perform 

16 other functions and responsibilities set forth in this section 

17 and as may be assigned by the Under Secretary for Man18 agement. 

19 ‘‘(b) RESPONSIBILITIES.—The Chief Procurement 

20 Officer shall— 

21 ‘‘(1) exercise leadership and authority to the ex22 tent delegated by the Under Secretary for Manage23 ment over the Department procurement function; 

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

25 as a senior business advisor to agency officials on 


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1 acquisition-related matters, including policy and 

2 workforce matters, as determined by the Under Sec3 retary for Management; 

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

5 oversight of Department procurement and con6 tracting functions and be responsible for ensuring 

7 that a procurement’s contracting strategy and plans 

8 are consistent with the intent and direction of the 

9 Acquisition Review Board; 

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

11 industry on procurement-related issues; 

12 ‘‘(5) oversee a centralized certification and 

13 training program, in consultation with the Under 

14 Secretary for Management, for the entire Depart15 ment acquisition workforce while using, to the great16 est extent practicable, best practices and acquisitions 

17 training opportunities already in existence within the 

18 Federal Government, the private sector, or univer19 sities and colleges, as appropriate, and including 

20 training on how best to identify actions that warrant 

21 referrals for suspension or debarment; 

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

23 appropriate; 


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

2 reviews of each head of contracting activity of the 

3 Department; 

4 ‘‘(8) collect baseline data and establish perform5 ance measures on the impact of strategic sourcing 

6 initiatives on the private sector, including, in par7 ticular, small businesses; and 

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

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

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

11 are awarded to small businesses, maximize opportu12 nities for small business participation, and ensure, to 

13 the extent practicable, small businesses that achieve 

14 qualified vendor status for security-related tech15 nologies are provided an opportunity to compete for 

16 contracts for such technology. 

17 ‘‘(c) HEAD OF CONTRACTING ACTIVITY DEFINED.— 

18 In this section the term ‘head of contracting activity’ 

19 means each official responsible for the creation, manage20 ment, and oversight of a team of procurement profes21 sionals properly trained, certified, and warranted to ac22 complish the acquisition of products and services on behalf 

23 of the designated components, offices, and organizations 

24 of the Department, and as authorized, other government 

25 entities.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) of such Act is further amended by adding 

3 at the end of the items relating to such title the following: 

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

4 SEC. 110. CHIEF INFORMATION OFFICER. 

5 (a) IN GENERAL.—Section 703 of the Homeland Se6 curity Act of 2002 (6 U.S.C. 343) is amended— 

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

8 following: ‘‘In addition to the functions under sec9 tion 3506(a)(2) of title 44, United States Code, the 

10 Chief Information Officer shall perform the func11 tions set forth in this section and such other func12 tions as may be assigned by the Secretary.’’; 

13 (2) by redesignating subsection (b) as sub14 section (e); and 

15 (3) by inserting after subsection (a) the fol16 lowing: 

17 ‘‘(b) RESPONSIBILITIES.—In addition to the func18 tions under section 3506 of title 44, United States Code, 

19 the Chief Information Officer, in consultation with the 

20 Under Secretary for Management, shall— 

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

22 the components of the Department, and other senior 

23 officers in carrying out the responsibilities of the 

24 Department for all activities relating to the budgets, 


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1 programs, and operations of the information tech2 nology functions of the Department; 

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

4 ‘‘(A) exercise leadership and authority over 

5 Department information technology manage6 ment; and 

7 ‘‘(B) establish the information technology 

8 priorities, policies, processes, standards, guide9 lines, and procedures of the Department to en10 sure interoperability and standardization of in11 formation technology; 

12 ‘‘(3) serve as the lead technical authority for in13 formation technology programs; 

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

15 Department’s mission critical and mission essential 

16 information systems, and develop and maintain con17 tingency plans for responding to a disruption in the 

18 operation of any of those information systems; 

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

20 integrity, and availability of data and information 

21 technology of the Department including the security 

22 of the Homeland Security Data Network; 

23 ‘‘(6) in coordination with relevant officials of 

24 the Department, ensure that the Department is in 


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1 compliance with subchapter II of chapter 35 of title 

2 44, United States Code; 

3 ‘‘(7) establish policies and procedures to effec4 tively monitor and manage vulnerabilities in the sup5 ply chain for purchases of information technology; 

6 ‘‘(8) in coordination with relevant officials of 

7 the Department, ensure Department compliance 

8 with Homeland Security Presidential Directive 12; 

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

10 the Department, ensure that information technology 

11 systems of the Department meet the standards es12 tablished under the information sharing environ13 ment, as defined in section 1016 of the Intelligence 

14 Reform and Terrorism Prevention Act of 2004 (6 

15 U.S.C. 485); 

16 ‘‘(10) develop measures to monitor the perform17 ance of Department components’ use and implemen18 tation of information technology systems and con19 sistently monitor such performance to ensure that 

20 such systems are used effectively; 

21 ‘‘(11) ensure that Department components re22 port to the Chief Information Officer of the Depart23 ment a complete inventory of information systems 

24 and fully adhere to Department guidance related to 

25 information technology; 


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1 ‘‘(12) carry out any other responsibilities dele2 gated by the Secretary consistent with an effective 

3 information system management function; and 

4 ‘‘(13) carry out authorities over Department in5 formation technology consistent with section 113419 

6 of title 40, United States Code. 

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

8 Chief Financial Officer, the Chief Information Officer 

9 shall develop an information technology strategic plan 

10 every 5 years and report to the Committee on Homeland 

11 Security of the House of Representatives and the Com12 mittee on Homeland Security and Governmental Affairs 

13 of the Senate on— 

14 ‘‘(1) how the information technology strategic 

15 plans developed under this subsection are used to 

16 help inform the Department’s budget process; 

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

18 priorities specified in the information technology 

19 strategic plans; 

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

21 all information technology strategic plan activities 

22 for a given fiscal year, the rationale as to why cer23 tain activities are not being funded in lieu of higher 

24 priorities; 


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

2 arrive at these priorities and the role of Department 

3 components in that process; and 

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

5 duplicate information technology within and across 

6 the components of the Department has been elimi7 nated. 

8 ‘‘(d) SOFTWARE LICENSING.— 

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

10 after the date of the enactment of the DHS Head11 quarters Reauthorization Act of 2015, and every 2 

12 years thereafter, the Chief Information Officer, in 

13 consultation with Department component chief infor14 mation officers, shall— 

15 ‘‘(A) conduct a Departmentwide inventory 

16 of all existing software licenses held by the De17 partment, including utilized and unutilized li18 censes; 

19 ‘‘(B) assess the needs of the Department 

20 and the components of the Department for soft21 ware licenses for the subsequent 2 fiscal years; 

22 ‘‘(C) examine how the Department can 

23 achieve the greatest possible economies of scale 

24 and cost savings in the procurement of software 

25 licenses; 


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1 ‘‘(D) determine how the use of shared 

2 cloud-computing services will impact the needs 

3 for software licenses for the subsequent 2 fiscal 

4 years; and 

5 ‘‘(E) establish plans and estimated costs 

6 for eliminating unutilized software licenses for 

7 the subsequent 2 fiscal years. 

8 ‘‘(2) EXCESS SOFTWARE LICENSING.— 

9 ‘‘(A) PLAN TO REDUCE SOFTWARE LI10 CENSES.—If the Chief Information Officer de11 termines through the inventory conducted under 

12 paragraph (1) that the number of software li13 censes held by the Department and the compo14 nents of the Department exceed the needs of 

15 the Department as assessed under paragraph 

16 (1), the Secretary, not later than 90 days after 

17 the date on which the inventory is completed, 

18 shall establish a plan for bringing the number 

19 of such software licenses into balance with such 

20 needs of the Department. 

21 ‘‘(B) PROHIBITION ON PROCUREMENT OF

22 NEW SOFTWARE LICENSES.— 

23 ‘‘(i) IN GENERAL.—Except as pro24 vided in clause (ii), upon completion of a 

25 plan established under paragraph (1), no 


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1 additional resources may be obligated for 

2 the procurement of new software licenses 

3 for the Department until such time as the 

4 need of the Department exceeds the num5 ber of used and unused licenses held by the 

6 Department. 

7 ‘‘(ii) EXCEPTION.—The Chief Infor8 mation Officer may authorize the purchase 

9 of additional licenses and amend the num10 ber of needed licenses as necessary. 

11 ‘‘(3) GAO REVIEW.—The Comptroller General 

12 of the United States shall review the inventory con13 ducted under paragraph (1)(A) and the plan estab14 lished under paragraph (2)(A). 

15 ‘‘(4) SUBMISSION TO CONGRESS.—The Chief 

16 Information Officer shall submit a copy of each in17 ventory conducted under paragraph (1)(A) and each 

18 plan established under paragraph (2)(A) to the 

19 Committee on Homeland Security of the House of 

20 Representatives and the Committee on Homeland 

21 Security and Governmental Affairs of the Senate.’’. 

22 (b) COMPLETION OF FIRST DEFINITION OF CAPA23 BILITIES.—The Chief Information Officer shall complete 

24 the first implementation of section 701(c) of the Home25 land Security Act of 2002, as amended by this section, 


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1 by not later than 1 year after the date of the enactment 

2 of this Act. 

3 SEC. 111. CHIEF HUMAN CAPITAL OFFICER. 

4 Section 704 of the Homeland Security Act of 2002 

5 (6 U.S.C. 343) is amended to read as follows: 

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

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

8 Officer of the Department who shall report directly to the 

9 Under Secretary of Management. 

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

11 Officer shall— 

12 ‘‘(1) develop and implement strategic workforce 

13 planning efforts that are consistent with Govern14 mentwide leading principles, and that are in line 

15 with Department strategic human capital goals and 

16 priorities; 

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

18 basis for monitoring and evaluating Departmentwide 

19 strategic workforce planning efforts; 

20 ‘‘(3) develop strategies to recruit, hire, and 

21 train the Department workforce; 

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

23 methods for managing and overseeing human capital 

24 programs and initiatives; 


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1 ‘‘(5) develop a career path framework, and cre2 ate opportunities for leader development; 

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

4 for managing employee resources, including training 

5 and development opportunities; 

6 ‘‘(7) coordinate the Department’s human re7 source management system; 

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

9 components are implementing human capital pro10 grams and initiatives; and 

11 ‘‘(9) identify and eliminate unnecessary and du12 plicative human capital policies and guidance. 

13 ‘‘(c) COMPONENT STRATEGIES.— 

14 ‘‘(1) IN GENERAL.—Each component of the De15 partment shall coordinate with the Chief Human 

16 Capital Officer of the Department to develop or 

17 maintain its own 5-year workforce strategy that will 

18 support the Department’s goals, objectives, perform19 ance measures, and determination of the proper bal20 ance of Federal employees and private labor re21 sources. 

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

23 Human Capital Officer shall ensure that, in the de24 velopment of the strategy required by subsection (c), 

25 the head of the component reports to the Chief 


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1 Human Capital Officer on the human resources con2 siderations associated with creating additional Fed3 eral full-time equivalent positions, converting private 

4 contractors to Federal employees, or relying on the 

5 private sector for goods and services, including— 

6 ‘‘(A) hiring projections, including occupa7 tion and grade level, as well as corresponding 

8 salaries, benefits, and hiring or retention bo9 nuses; 

10 ‘‘(B) the identification of critical skills re11 quirements over the 5-year period, any current 

12 or anticipated need for critical skills required at 

13 the Department, and the training or other 

14 measures required to address such need; 

15 ‘‘(C) recruitment of qualified candidates 

16 and retention of qualified employees; 

17 ‘‘(D) supervisory and management require18 ments; 

19 ‘‘(E) travel and related personnel support 

20 costs; 

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

22 mission performance associated with replacing 

23 Federal personnel due to their retirement or 

24 other attrition; and 

25 ‘‘(G) other appropriate factors. 


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1 ‘‘(d) ANNUAL SUBMISSION.—The Secretary shall 

2 provide to the appropriate congressional committees, to3 gether with submission of the annual budget justification, 

4 information on the progress within the Department of ful5 filling the workforce strategies required under subsection 

6 (c).’’. 

7 SEC. 112. CHIEF SECURITY OFFICER. 

8 (a) IN GENERAL.—Title VII of the Homeland Secu9 rity Act of 2002 (6 U.S.C. 341 et seq.), as amended by 

10 section 109(a) of this Act, is further amended by adding 

11 at the end the following: 

12 ‘‘SEC. 709. CHIEF SECURITY OFFICER. 

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

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

15 Secretary for Management. 

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

17 shall— 

18 ‘‘(1) develop and implement the Department’s 

19 security policies, programs, and standards; 

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

21 Department personnel on security-related matters; 

22 and 

23 ‘‘(3) provide support to Department compo24 nents on security-related matters.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) of such Act is further amended by adding 

3 at the end of the items relating to such title the following: 

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

4 SEC. 113. COST SAVINGS AND EFFICIENCY REVIEWS. 

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

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

7 through the Under Secretary for Management of the De8 partment of Homeland Security, shall submit to the Com9 mittee on Homeland Security of the House of Representa10 tives and the Committee on Homeland Security and Gov11 ernmental Affairs of the Senate a report that— 

12 (1) provides a detailed accounting of the man13 agement and administrative expenditures and activi14 ties of the components of the Department and iden15 tifies potential cost savings and efficiencies for those 

16 expenditures and activities of each such component; 

17 (2) examines the size, experience level, and geo18 graphic distribution of the operational personnel of 

19 the Department, including U.S. Customs and Border 

20 Protection officers, Border Patrol agents, U.S. Cus21 toms and Border Protection Air and Marine agents, 

22 U.S. Customs and Border Protection agriculture 

23 specialists, Federal Protective Service law enforce24 ment security officers, U.S. Immigration and Cus25 toms Enforcement agents, Transportation Security 


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1 Administration officers, Federal air marshals, and 

2 members of the Coast Guard; and 

3 (3) makes recommendations for adjustments in 

4 the management and administration of the Depart5 ment that would reduce deficiencies in the Depart6 ment’s capabilities, reduce costs, and enhance effi7 ciencies. 

8 SEC. 114. FIELD EFFICIENCIES PLAN. 

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

10 after the date of the enactment of this Act, the Sec11 retary of Homeland Security shall submit to the 

12 Committee on Homeland Security of the House of 

13 Representatives and Committee on Homeland Secu14 rity and Governmental Affairs of the Senate a field 

15 efficiencies plan that— 

16 (A) examines the facilities and administra17 tive and logistics functions of components of the 

18 Department of Homeland Security located with19 in designated geographic areas; and 

20 (B) provides specific recommendations and 

21 an associated cost-benefit analysis for the con22 solidation of the facilities and administrative 

23 and logistics functions of components of the De24 partment within each designated geographic 

25 area. 


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1 (2) CONTENTS.—The field efficiencies plan sub2 mitted under paragraph (1) shall include the fol3 lowing: 

4 (A) An accounting of leases held by the 

5 Department or its components that have ex6 pired in the current fiscal year or will be expir7 ing in the next fiscal year, that have begun or 

8 been renewed in the current fiscal year, or that 

9 the Department or its components plan to sign 

10 or renew in the next fiscal year. 

11 (B)(i) An evaluation for each designated 

12 geographic area of specific facilities at which 

13 components, or operational entities of compo14 nents, of the Department may be closed or con15 solidated, including consideration of when leases 

16 expire or facilities owned by the Government 

17 become available. 

18 (ii) The evaluation shall include consider19 ation of potential consolidation with facilities of 

20 other Federal, State, or local entities, includ21 ing— 

22 (I) offices; 

23 (II) warehouses; 

24 (III) training centers; 

25 (IV) housing; 


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1 (V) ports, shore facilities, and air2 fields; 

3 (VI) laboratories; and 

4 (VII) other assets as determined by 

5 the Secretary. 

6 (iii) The evaluation shall include the poten7 tial for the consolidation of administrative and 

8 logistics functions, including— 

9 (I) facility maintenance; 

10 (II) fleet vehicle services; 

11 (III) mail handling and shipping and 

12 receiving; 

13 (IV) facility security; 

14 (V) procurement of goods and serv15 ices; 

16 (VI) information technology and tele17 communications services and support; and 

18 (VII) additional ways to improve unity 

19 of effort and cost savings for field oper20 ations and related support activities as de21 termined by the Secretary. 

22 (C) An implementation plan, including— 

23 (i) near-term actions that can co-lo24 cate, consolidate, or dispose of property 

25 within 24 months; 


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1 (ii) identifying long-term occupancy 

2 agreements or leases that cannot be 

3 changed without a significant cost to the 

4 Government; and 

5 (iii) how the Department can ensure 

6 it has the capacity, in both personnel and 

7 funds, needed to cover up-front costs to 

8 achieve consolidation and efficiencies. 

9 (D) An accounting of any consolidation in 

10 the Department or its component’s real estate 

11 footprint, including the colocation of personnel 

12 from different components, offices, and agencies 

13 within the Department. 

14 TITLE II—DHS ACQUISITION AC15 COUNTABILITY AND EFFI16 CIENCY 

17 SEC. 201. DEFINITIONS. 

18 (a) IN GENERAL.—In this title: 

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

20 the Secretary of Homeland Security. 

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

22 means the Department of Homeland Security. 

23 (3) CONGRESSIONAL HOMELAND SECURITY

24 COMMITTEES.—The term ‘‘congressional homeland 

25 security committees’’ means— 


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1 (A) the Committee on Homeland Security 

2 of the House of Representatives and the Com3 mittee on Homeland Security and Govern4 mental Affairs of the Senate; and 

5 (B) the Committee on Appropriations of 

6 the House of Representatives and of the Sen7 ate. 

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

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

10 the meaning provided in section 131 of title 41, 

11 United States Code. 

12 (2) BEST PRACTICES.—The term ‘‘best prac13 tices’’, with respect to acquisition, means a knowl14 edge-based approach to capability development that 

15 includes identifying and validating needs; assessing 

16 alternatives to select the most appropriate solution; 

17 clearly establishing well-defined requirements; devel18 oping realistic cost assessments and schedules; se19 curing stable funding that matches resources to re20 quirements; demonstrating technology, design, and 

21 manufacturing maturity; using milestones and exit 

22 criteria or specific accomplishments that dem23 onstrate progress; adopting and executing standard24 ized processes with known success across programs; 

25 establishing an adequate workforce that is qualified 


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1 and sufficient to perform necessary functions; and 

2 integrating these capabilities into the Department’s 

3 mission and business operations. 

4 (c) AMENDMENTS TO DEFINITIONS IN HOMELAND

5 SECURITY ACT OF 2002.—Section 2 of the Homeland Se6 curity Act of 2002 is amended— 

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

8 IN GENERAL.—In this Act,’’; 

9 (2) in paragraph (2)— 

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

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

12 subparagraph: 

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

14 committees’ means— 

15 ‘‘(i) the Committee on Homeland Security 

16 of the House of Representatives and the Com17 mittee on Homeland Security and Govern18 mental Affairs of the Senate; and 

19 ‘‘(ii) the Committees on Appropriations of 

20 the House of Representatives and of the Sen21 ate, where appropriate.’’; and 

22 (3) by adding at the end the following new sub23 section: 

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

25 Act, the following definitions apply: 


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

2 the meaning provided in section 131 of title 41, 

3 United States Code. 

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

5 term ‘acquisition decision authority’ means the au6 thority, held by the Secretary acting through the 

7 Deputy Secretary or Under Secretary for Manage8 ment— 

9 ‘‘(A) to ensure compliance with Federal 

10 law, the Federal Acquisition Regulation, and 

11 Department acquisition management directives; 

12 ‘‘(B) to review (including approving, halt13 ing, modifying, or cancelling) an acquisition 

14 program through the life cycle of the program; 

15 ‘‘(C) to ensure that program managers 

16 have the resources necessary to successfully 

17 execute an approved acquisition program; and 

18 ‘‘(D) to ensure good program management 

19 of cost, schedule, risk, and system performance 

20 of the acquisition, including assessing acquisi21 tion program baseline breaches and directing 

22 any corrective action for such breaches. 

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

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1 mined point within the acquisition phases of the in2 vestment or acquisition program at which the invest3 ment or acquisition program will undergo a review 

4 prior to commencement of the next phase. 

5 ‘‘(4) ACQUISITION DECISION MEMORANDUM.— 

6 The term ‘acquisition decision memorandum’, with 

7 respect to an acquisition, means the official acquisi8 tion decision event record that includes a docu9 mented record of decisions, exit criteria, and as10 signed actions for the acquisition as determined by 

11 the person exercising acquisition decision authority 

12 for the acquisition. 

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

14 term ‘acquisition program baseline’, with respect to 

15 an acquisition program, means a summary of the 

16 cost, schedule, and performance parameters, ex17 pressed in standard, measurable, quantitative terms, 

18 which must be met in order to accomplish the goals 

19 of the program. 

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

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

22 proposed acquisition, means the document that the 

23 Acquisition Review Board approves for the first ac24 quisition decision event related to validating the 

25 need of a proposed acquisition. 


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1 ‘‘(7) COMPONENT ACQUISITION EXECUTIVE.— 

2 The term ‘Component Acquisition Executive’ means 

3 the senior acquisition official within a Component 

4 who is designated in writing by the Under Secretary 

5 for Management, in consultation with the Compo6 nent head, with authority and responsibility for lead7 ing a process and staff to provide acquisition and 

8 program management oversight, policy, and guid9 ance to ensure that statutory, regulatory, and higher 

10 level policy requirements are fulfilled, including com11 pliance with Federal law, the Federal Acquisition 

12 Regulation, and Department acquisition manage13 ment directives established by the Under Secretary 

14 for Management. 

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

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

17 all costs associated with research, development, pro18 curement, operation, integrated logistics support, 

19 and disposal under the program, including sup20 porting infrastructure that plans, manages, and exe21 cutes the program over its full life, and costs of com22 mon support items incurred as a result of the pro23 gram. 

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

25 ‘major acquisition program’ means a Department 


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1 acquisition program that is estimated by the Sec2 retary to require an eventual total expenditure of at 

3 least $300,000,000 (based on fiscal year 2015 con4 stant dollars) over its life cycle cost.’’. 

5 SEC. 202. PROHIBITION ON ADDITIONAL AUTHORIZATION 

6 OF APPROPRIATIONS. 

7 No additional funds are authorized to be appro8 priated to carry out this title and the amendments made 

9 by this title. This title and such amendments shall be car10 ried out using amounts otherwise available for such pur11 poses. 

12 Subtitle A—Acquisition Authorities 

13 SEC. 211. ACQUISITION AUTHORITIES FOR UNDER SEC14 RETARY FOR MANAGEMENT. 

15 Section 701 of the Homeland Security Act of 2002 

16 (6 U.S.C. 341), as amended by section 107 of this Act, 

17 is further amended by adding at the end the following: 

18 ‘‘(f) ACQUISITION AND RELATED RESPONSIBIL19 ITIES.— 

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

21 1702(b) of title 41, United States Code, the Under 

22 Secretary for Management is the Chief Acquisition 

23 Officer of the Department. As Chief Acquisition Of24 ficer, the Under Secretary shall have the authority 

25 and perform the functions as specified in section 


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1 1702(b) of such title, and perform all other func2 tions and responsibilities delegated by the Secretary 

3 or described in this subsection. 

4 ‘‘(2) DUTIES AND RESPONSIBILITIES.—In addi5 tion to the authority and functions specified in sec6 tion 1702(b) of title 41, United States Code, the du7 ties and responsibilities of the Under Secretary for 

8 Management related to acquisition include the fol9 lowing: 

10 ‘‘(A) Advising the Secretary regarding ac11 quisition management activities, taking into ac12 count risks of failure to achieve cost, schedule, 

13 or performance parameters, to ensure that the 

14 Department achieves its mission through the 

15 adoption of widely accepted program manage16 ment best practices and standards. 

17 ‘‘(B) Exercising the acquisition decision 

18 authority to approve, halt, modify (including 

19 the rescission of approvals of program mile20 stones), or cancel major acquisition programs, 

21 unless the Under Secretary delegates the au22 thority to a Component Acquisition Executive 

23 pursuant to paragraph (3). 

24 ‘‘(C) Establishing policies for acquisition 

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1 count risks of failure to achieve cost, schedule, 

2 or performance parameters that all Components 

3 of the Department shall comply with, including 

4 outlining relevant authorities for program man5 agers to effectively manage acquisition pro6 grams. 

7 ‘‘(D) Ensuring that each major acquisition 

8 program has a Department-approved acquisi9 tion program baseline, pursuant to the Depart10 ment’s acquisition management policy. 

11 ‘‘(E) Ensuring that the heads of Compo12 nents and Component Acquisition Executives 

13 comply with Federal law, the Federal Acquisi14 tion Regulation, and Department acquisition 

15 management directives. 

16 ‘‘(F) Ensuring that grants and financial 

17 assistance are provided only to individuals and 

18 organizations that are not suspended or 

19 debarred. 

20 ‘‘(G) Distributing guidance throughout the 

21 Department to ensure that contractors involved 

22 in acquisitions, particularly companies that ac23 cess the Department’s information systems and 

24 technologies, adhere to internal cybersecurity 


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1 policies established by the Department of 

2 Homeland Security. 

3 ‘‘(3) DELEGATION OF ACQUISITION DECISION

4 AUTHORITY.— 

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

6 Secretary for Management may delegate acqui7 sition decision authority in writing to the rel8 evant Component Acquisition Executive for an 

9 acquisition program that has a life cycle cost 

10 estimate of less than $300,000,000. 

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

12 Secretary for Management may delegate acqui13 sition decision authority in writing to the rel14 evant Component Acquisition Executive for a 

15 major acquisition program that has a life cycle 

16 cost estimate of at least $300,000,000 but not 

17 more than $1,000,000,000 if all of the following 

18 requirements are met: 

19 ‘‘(i) The Component concerned pos20 sesses working policies, processes, and pro21 cedures that are consistent with Depart22 ment-level acquisition policy. 

23 ‘‘(ii) The Component Acquisition Ex24 ecutive has adequate, experienced, dedi25 cated program management professional 


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1 staff commensurate with the size of the 

2 delegated portfolio. 

3 ‘‘(iii) Each major acquisition program 

4 concerned has written documentation 

5 showing that it has a Department-ap6 proved acquisition program baseline and it 

7 is meeting agreed-upon cost, schedule, and 

8 performance thresholds. 

9 ‘‘(4) EXCLUDED PARTIES LIST SYSTEM CON10 SULTATION.—The Under Secretary for Management 

11 shall require that all Department contracting and 

12 procurement officials consult the Excluded Parties 

13 List System (or successor system) as maintained by 

14 the General Services Administration prior to award15 ing a contract or grant or entering into other trans16 actions to ascertain whether the selected contractor 

17 is excluded from receiving Federal contracts, certain 

18 subcontracts, and certain types of Federal financial 

19 and nonfinancial assistance and benefits. 

20 ‘‘(5) RELATIONSHIP TO UNDER SECRETARY

21 FOR SCIENCE AND TECHNOLOGY.—Nothing in this 

22 subsection shall diminish the authority granted to 

23 the Under Secretary for Science and Technology 

24 under this Act. The Under Secretary for Manage25 ment and the Under Secretary for Science and 


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1 Technology shall cooperate in matters related to the 

2 coordination of acquisitions across the Department 

3 so that investments of the Directorate of Science 

4 and Technology can support current and future re5 quirements of the Components.’’. 

6 SEC. 212. ACQUISITION AUTHORITIES FOR CHIEF FINAN7 CIAL OFFICER. 

8 Section 702 of the Homeland Security Act of 2002 

9 (6 U.S.C. 342), as amended by section 108 of this Act, 

10 is further amended by adding at the end of subsection 

11 (c)(2) the following new subparagraph: 

12 ‘‘(J) Notwithstanding section 902 of title 

13 31, United States Code, provide leadership over 

14 financial management policy and programs for 

15 the Department as they relate to the Depart16 ment’s acquisitions programs, in consultation 

17 with the Under Secretary for Management.’’. 

18 SEC. 213. ACQUISITION AUTHORITIES FOR CHIEF INFORMA19 TION OFFICER. 

20 Section 703 of the Homeland Security Act of 2002 

21 (6 U.S.C. 343), as amended by section 110(a) of this Act, 

22 is further amended by adding at the end the following new 

23 subsection: 

24 ‘‘(f) ACQUISITION RESPONSIBILITIES.—Notwith25 standing section 11315 of title 40, United States Code, 


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1 the acquisition responsibilities of the Chief Information 

2 Officer, in consultation with the Under Secretary for Man3 agement, shall include the following: 

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

5 Security Enterprise Architecture and ensure that, 

6 before each acquisition decision event, approved in7 formation technology acquisitions comply with de8 partmental information technology management 

9 processes, technical requirements, and the Homeland 

10 Security Enterprise Architecture, and in any case in 

11 which information technology acquisitions do not 

12 comply with the Department’s management direc13 tives, make recommendations to the Acquisition Re14 view Board regarding such noncompliance. 

15 ‘‘(2) Be responsible for providing recommenda16 tions to the Acquisition Review Board established in 

17 section 836 of this Act on information technology 

18 programs, and be responsible for developing infor19 mation technology acquisition strategic guidance.’’. 

20 SEC. 214. REQUIREMENTS TO ENSURE GREATER ACCOUNT21 ABILITY FOR ACQUISITION PROGRAMS. 

22 (a) IN GENERAL.—Title VII of the Homeland Secu23 rity Act of 2002 (6 U.S.C. 341 et seq.), as amended by 

24 sections 109(a) and 112(a) of this Act, is further amended 

25 by adding at the end the following new section: 


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1 ‘‘SEC. 710. REQUIREMENTS TO ENSURE GREATER AC2 COUNTABILITY FOR ACQUISITION PRO3 GRAMS. 

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

5 Within the Management Directorate, the Under Secretary 

6 for Management shall establish a mechanism to prioritize 

7 improving the accountability, standardization, and trans8 parency of major acquisition programs of the Department 

9 in order to increase opportunities for effectiveness and ef10 ficiencies and to serve as the central oversight function 

11 of all Department acquisition programs. 

12 ‘‘(b) RESPONSIBILITIES OF EXECUTIVE DIREC13 TOR.—The Under Secretary for Management shall des14 ignate an Executive Director to oversee the requirement 

15 under subsection (a). The Executive Director shall report 

16 directly to the Under Secretary and shall carry out the 

17 following responsibilities: 

18 ‘‘(1) Monitor the performance of Department 

19 acquisition programs regularly between acquisition 

20 decision events to identify problems with cost, per21 formance, or schedule that Components may need to 

22 address to prevent cost overruns, performance 

23 issues, or schedule delays. 

24 ‘‘(2) Assist the Chief Acquisition Officer in 

25 managing the Department’s acquisition portfolio. 


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1 ‘‘(3) Conduct oversight of individual acquisition 

2 programs to implement Department acquisition pro3 gram policy, procedures, and guidance with a pri4 ority on ensuring the data it collects and maintains 

5 from its Components is accurate and reliable. 

6 ‘‘(4) Serve as the focal point and coordinator 

7 for the acquisition life cycle review process and as 

8 the executive secretariat for the Acquisition Review 

9 Board established under section 836 of this Act. 

10 ‘‘(5) Advise the persons having acquisition deci11 sion authority in making acquisition decisions con12 sistent with all applicable laws and in establishing 

13 clear lines of authority, accountability, and responsi14 bility for acquisition decisionmaking within the De15 partment. 

16 ‘‘(6) Engage in the strategic planning and per17 formance evaluation process required under section 

18 306 of title 5, United States Code, and sections 

19 1105(a)(28), 1115, 1116, and 9703 of title 31, 

20 United States Code, by supporting the Chief Pro21 curement Officer in developing strategies and spe22 cific plans for hiring, training, and professional de23 velopment in order to rectify any deficiency within 

24 the Department’s acquisition workforce. 


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1 ‘‘(7) Oversee the Component Acquisition Execu2 tive structure to ensure it has sufficient capabilities 

3 and complies with Department policies. 

4 ‘‘(8) Develop standardized certification stand5 ards in consultation with the Component Acquisition 

6 Executives for all acquisition program managers. 

7 ‘‘(9) In the event that a program manager’s 

8 certification or actions need review for purposes of 

9 promotion or removal, provide input, in consultation 

10 with the relevant Component Acquisition Executive, 

11 into the relevant program manager’s performance 

12 evaluation, and report positive or negative experi13 ences to the relevant certifying authority. 

14 ‘‘(10) Provide technical support and assistance 

15 to Department acquisitions and acquisition per16 sonnel in conjunction with the Chief Procurement 

17 Officer. 

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

19 Acquisition Status Report, as required by the De20 partment of Homeland Security Appropriations Act, 

21 2013 (division D of Public Law 113–6; 127 Stat. 

22 343) and section 840 of this Act, and make such re23 port available to congressional homeland security 

24 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 

4 the congressional homeland security committees. 

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

6 head of a Component shall comply with Federal law, the 

7 Federal Acquisition Regulation, and Department acquisi8 tion management directives established by the Under Sec9 retary for Management. For each major acquisition pro10 gram, each head of a Component shall— 

11 ‘‘(1) establish a complete life cycle cost estimate 

12 with supporting documentation, including an acquisi13 tion program baseline; 

14 ‘‘(2) verify each life cycle cost estimate against 

15 independent cost estimates, and reconcile any dif16 ferences; 

17 ‘‘(3) complete a cost-benefit analysis with sup18 porting documentation; 

19 ‘‘(4) develop and maintain a schedule that is 

20 consistent with scheduling best practices as identi21 fied by the Comptroller General of the United 

22 States, including, in appropriate cases, an integrated 

23 master schedule; and 


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1 ‘‘(5) ensure that all acquisition program infor2 mation provided by the Component is complete, ac3 curate, timely, and valid.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 in section 1(b) of the Homeland Security Act of 2002 (6 

6 U.S.C. 101 et seq.) is further amended by adding after 

7 the item relating to section 708 the following new item: 

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

8 Subtitle B—Acquisition Program 

9 Management Discipline 

10 SEC. 221. ACQUISITION REVIEW BOARD. 

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

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

13 is amended by adding at the end the following new section: 

14 ‘‘SEC. 836. ACQUISITION REVIEW BOARD. 

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

16 Acquisition Review Board (in this section referred to as 

17 the ‘Board’) to strengthen accountability and uniformity 

18 within the Department acquisition review process, review 

19 major acquisition programs, and review the use of best 

20 practices. 

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

22 Secretary for Management shall serve as chair of the 

23 Board. The Secretary shall also ensure participation by 

24 other relevant Department officials, including at least 2 


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1 Component heads or their designees, as permanent mem2 bers of the Board. 

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

4 a major acquisition program needs authorization to pro5 ceed from acquisition decision events through the acquisi6 tion life cycle and to consider any major acquisition pro7 gram in breach as necessary. The Board may also be con8 vened for non-major acquisitions that are deemed high9 risk by the Executive Director referred to in section 

10 710(b) of this Act. The Board shall also meet regularly 

11 for purposes of ensuring all acquisitions processes proceed 

12 in a timely fashion to achieve mission readiness. 

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

14 Board are as follows: 

15 ‘‘(1) Determine whether a proposed acquisition 

16 has met the requirements of key phases of the acqui17 sition life cycle framework and is able to proceed to 

18 the next phase and eventual full production and de19 ployment. 

20 ‘‘(2) Oversee executable business strategy, re21 sources, management, accountability, and alignment 

22 to strategic initiatives. 

23 ‘‘(3) Support the person with acquisition deci24 sion authority for an acquisition in determining the 


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1 appropriate direction for the acquisition at key ac2 quisition decision events. 

3 ‘‘(4) Conduct systematic reviews of acquisitions 

4 to ensure that they are progressing in compliance 

5 with the approved documents for their current acqui6 sition phase. 

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

8 major acquisition program, including the acquisition 

9 program baseline, to ensure the reliability of under10 lying data. 

11 ‘‘(6) Ensure that practices are adopted and im12 plemented to require consideration of trade-offs 

13 among cost, schedule, and performance objectives as 

14 part of the process for developing requirements for 

15 major acquisition programs prior to the initiation of 

16 the second acquisition decision event, including, at a 

17 minimum, the following practices: 

18 ‘‘(A) Department officials responsible for 

19 acquisition, budget, and cost estimating func20 tions are provided with the appropriate oppor21 tunity to develop estimates and raise cost and 

22 schedule matters before performance objectives 

23 are established for capabilities when feasible. 


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1 ‘‘(B) Full consideration of possible trade2 offs among cost, schedule, and performance ob3 jectives for each alternative is considered. 

4 ‘‘(e) ACQUISITION PROGRAM BASELINE REPORT RE5 QUIREMENT.—If the person exercising acquisition decision 

6 authority over a major acquisition program approves the 

7 program to proceed into the planning phase before it has 

8 a Department-approved acquisition program baseline, 

9 then the Under Secretary for Management shall create 

10 and approve an acquisition program baseline report on the 

11 decision, and the Secretary shall— 

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

13 memorandum is signed, notify in writing the con14 gressional homeland security committees of such de15 cision; and 

16 ‘‘(2) within 60 days after the acquisition deci17 sion memorandum is signed, submit a report to such 

18 committees stating the rationale for the decision and 

19 a plan of action to require an acquisition program 

20 baseline for the program. 

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

22 the term ‘best practices’ has the meaning provided in sec23 tion 4(b) of the DHS Headquarters Reform and Improve24 ment Act of 2015.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) of the Homeland Security Act of 2002 (6 

3 U.S.C. 101 et seq.) is further amended by adding after 

4 the item relating to section 835 the following new item: 

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

5 SEC. 222. REQUIREMENTS TO REDUCE DUPLICATION IN AC6 QUISITION PROGRAMS. 

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

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

9 is further amended by adding at the end the following new 

10 section: 

11 ‘‘SEC. 837. REQUIREMENTS TO REDUCE DUPLICATION IN 

12 ACQUISITION PROGRAMS. 

13 ‘‘(a) REQUIREMENT TO ESTABLISH POLICIES.—In 

14 an effort to reduce unnecessary duplication and ineffi15 ciency for all Department investments, including major ac16 quisition programs, the Deputy Secretary, in consultation 

17 with the Under Secretary for Management, shall establish 

18 Departmentwide policies to integrate all phases of the in19 vestment life cycle and help the Department identify, vali20 date, and prioritize standards for common Component re21 quirements for major acquisition program requirements in 

22 order to increase opportunities for effectiveness and effi23 ciencies. The policies shall also include strategic alter24 natives for developing and facilitating a Department Com25 ponent-driven requirements process that includes overVerDate Sep 11 2014 23:52 Sep 25, 2015 Jkt 049200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H3572.IH H3572

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1 sight of a development test and evaluation capability; iden2 tification of priority gaps and overlaps in Department ca3 pability needs; and provision of feasible technical alter4 natives, including innovative commercially available alter5 natives, to meet capability needs. 

6 ‘‘(b) MECHANISMS TO CARRY OUT REQUIREMENT.— 

7 The Under Secretary for Management shall coordinate the 

8 actions necessary to carry out subsection (a), using such 

9 mechanisms as considered necessary by the Secretary to 

10 help the Department reduce unnecessary duplication and 

11 inefficiency for all Department investments, including 

12 major acquisition programs. 

13 ‘‘(c) COORDINATION.—In coordinating the actions 

14 necessary to carry out subsection (a), the Deputy Sec15 retary shall consult with the Under Secretary for Manage16 ment, Component Acquisition Executives, and any other 

17 Department officials, including the Under Secretary for 

18 Science and Technology or his designee, with specific 

19 knowledge of Department or Component acquisition capa20 bilities to prevent unnecessary duplication of require21 ments. 

22 ‘‘(d) ADVISORS.—The Deputy Secretary, in consulta23 tion with the Under Secretary for Management, shall seek 

24 and consider input within legal and ethical boundaries 

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1 ments, nonprofit organizations, and the private sector, as 

2 appropriate, on matters within their authority and exper3 tise in carrying out the Department’s mission. 

4 ‘‘(e) MEETINGS.—The Deputy Secretary, in consulta5 tion with the Under Secretary for Management, shall meet 

6 at least quarterly and communicate with Components 

7 often to ensure that Components do not overlap or dupli8 cate spending or priorities on major investments and ac9 quisition programs within their areas of responsibility. 

10 ‘‘(f) RESPONSIBILITIES.—In carrying out this sec11 tion, the responsibilities of the Deputy Secretary, in con12 sultation with the Under Secretary for Management, are 

13 as follows: 

14 ‘‘(1) To review and validate the requirements 

15 documents of major investments and acquisition pro16 grams prior to acquisition decision events of the in17 vestments or programs. 

18 ‘‘(2) To ensure the requirements and scope of 

19 a major investment or acquisition program are sta20 ble, measurable, achievable, at an acceptable risk 

21 level, and match the resources planned to be avail22 able. 

23 ‘‘(3) Before any entity of the Department 

24 issues a solicitation for a new contract, coordinate 

25 with other Department entities as appropriate to 


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1 prevent unnecessary duplication and inefficiency 

2 and— 

3 ‘‘(A) to implement portfolio reviews to 

4 identify common mission requirements and 

5 crosscutting opportunities among Components 

6 to harmonize investments and requirements and 

7 prevent overlap and unnecessary duplication 

8 among Components; and 

9 ‘‘(B) to the extent practicable, to stand10 ardize equipment purchases, streamline the ac11 quisition process, improve efficiencies, and con12 duct best practices for strategic sourcing. 

13 ‘‘(4) To ensure program managers of major in14 vestments and acquisition programs conduct anal15 yses, giving particular attention to factors such as 

16 cost, schedule, risk, performance, and operational ef17 ficiency in order to determine that programs work as 

18 intended within cost and budget expectations. 

19 ‘‘(5) To propose schedules for delivery of the 

20 operational capability needed to meet each Depart21 ment investment and major acquisition program. 

22 ‘‘(g) BEST PRACTICES DEFINED.—In this section, 

23 the term ‘best practices’ has the meaning provided in sec24 tion 4(b) of the DHS Headquarters Reform and Improve25 ment Act of 2015.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) of the Homeland Security Act of 2002 (6 

3 U.S.C. 101 et seq.) is further amended by adding after 

4 the item relating to section 836 the following new item: 

‘‘Sec. 837. Requirements to reduce duplication in acquisition programs.’’. 

5 SEC. 223. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 

6 OF BOARD AND OF REQUIREMENTS TO RE7 DUCE DUPLICATION IN ACQUISITION PRO8 GRAMS. 

9 (a) REVIEW REQUIRED.—The Comptroller General 

10 of the United States shall conduct a review of the effec11 tiveness of the Acquisition Review Board established 

12 under section 836 of the Homeland Security Act of 2002 

13 (as added by section 221) and the requirements to reduce 

14 unnecessary duplication in acquisition programs estab15 lished under section 837 of such Act (as added by section 

16 222) in improving the Department’s acquisition manage17 ment process. 

18 (b) SCOPE OF REPORT.—The review shall include the 

19 following: 

20 (1) An assessment of the effectiveness of the 

21 Department in increasing program management 

22 oversight, best practices and standards, and dis23 cipline among the Components of the Department, 

24 including in working together and in preventing 

25 overlap and unnecessary duplication. 


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1 (2) An assessment of the effectiveness of the 

2 Department in instilling program management dis3 cipline. 

4 (3) A statement of how regularly each major 

5 acquisition program is reviewed by the Board, how 

6 often the Board stops major acquisition programs 

7 from moving forward in the phases of the acquisition 

8 life cycle process, and the number of major acquisi9 tion programs that have been halted because of 

10 problems with operational effectiveness, schedule 

11 delays, or cost overruns. 

12 (c) REPORT REQUIRED.—The Comptroller General 

13 shall submit to the congressional homeland security com14 mittees a report on the review required by this section not 

15 later than 1 year after the date of the enactment of this 

16 Act. The report shall be submitted in unclassified form 

17 but may include a classified annex. 

18 SEC. 224. EXCLUDED PARTY LIST SYSTEM WAIVERS. 

19 The Secretary of Homeland Security shall provide no20 tification to the congressional homeland security commit21 tees within 5 days after the issuance of a waiver by the 

22 Secretary of Federal requirements that an agency not en23 gage in business with a contractor in the Excluded Party 

24 List System (or successor system) as maintained by the 

25 General Services Administration and an explanation for 


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1 a finding by the Secretary that a compelling reason exists 

2 for this action. 

3 SEC. 225. INSPECTOR GENERAL OVERSIGHT OF SUSPEN4 SION AND DEBARMENT. 

5 The Inspector General of the Department of Home6 land Security— 

7 (1) may audit decisions about grant and pro8 curement awards to identify instances where a con9 tract or grant was improperly awarded to a sus10 pended or debarred entity and whether corrective ac11 tions were taken to prevent recurrence; and 

12 (2) shall review the suspension and debarment 

13 program throughout the Department of Homeland 

14 Security to assess whether suspension and debar15 ment criteria are consistently applied throughout the 

16 Department and whether disparities exist in the ap17 plication of such criteria, particularly with respect to 

18 business size and categories. 


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1 Subtitle C—Acquisition Program 

2 Management Accountability and 

3 Transparency 

4 SEC. 231. CONGRESSIONAL NOTIFICATION AND OTHER RE5 QUIREMENTS FOR MAJOR ACQUISITION PRO6 GRAM BREACH. 

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

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

9 is further amended by adding at the end the following new 

10 section: 

11 ‘‘SEC. 838. CONGRESSIONAL NOTIFICATION AND OTHER RE12 QUIREMENTS FOR MAJOR ACQUISITION PRO13 GRAM BREACH. 

14 ‘‘(a) BREACH DEFINED.—The term ‘breach’, with re15 spect to a major acquisition program, means a failure to 

16 meet any cost, schedule, or performance parameter speci17 fied in the acquisition program baseline. 

18 ‘‘(b) REQUIREMENTS WITHIN DEPARTMENT IF

19 BREACH OCCURS.— 

20 ‘‘(1) NOTIFICATIONS.— 

21 ‘‘(A) NOTIFICATION OF BREACH.—If a 

22 breach occurs in a major acquisition program, 

23 the program manager for that program shall 

24 notify the head of the Component concerned, 

25 the Component Acquisition Executive for the 


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1 program, the Executive Director referred to in 

2 section 710(b) of this Act, the Under Secretary 

3 for Management, and the Deputy Secretary. 

4 ‘‘(B) NOTIFICATION TO SECRETARY.—If a 

5 major acquisition program has a breach with a 

6 cost overrun greater than 15 percent or a 

7 schedule delay greater than 180 days from the 

8 costs or schedule set forth in the acquisition 

9 program baseline for the program, the Sec10 retary and the Inspector General of the Depart11 ment shall be notified not later than 5 business 

12 days after the breach is identified. 

13 ‘‘(2) REMEDIATION PLAN AND ROOT CAUSE

14 ANALYSIS.— 

15 ‘‘(A) IN GENERAL.—In the case of a 

16 breach with a cost overrun greater than 15 per17 cent or a schedule delay greater than 180 days 

18 from the costs or schedule set forth in the ac19 quisition program baseline, a remediation plan 

20 and root cause analysis is required, and the 

21 Under Secretary for Management or his des22 ignee shall establish a date for submission with23 in the Department of a breach remediation plan 

24 and root cause analysis in accordance with this 

25 subsection. 


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1 ‘‘(B) REMEDIATION PLAN.—The remedi2 ation plan required under this subsection shall 

3 be submitted in writing to the head of the Com4 ponent concerned, the Executive Director re5 ferred to in section 710(b) of this Act, and the 

6 Under Secretary for Management. The plan 

7 shall— 

8 ‘‘(i) explain the circumstances of the 

9 breach; 

10 ‘‘(ii) provide prior cost estimating in11 formation; 

12 ‘‘(iii) propose corrective action to con13 trol cost growth, schedule delays, or per14 formance issues; 

15 ‘‘(iv) in coordination with Component 

16 Acquisition Executive, discuss all options 

17 considered, including the estimated impact 

18 on cost, schedule, or performance of the 

19 program if no changes are made to current 

20 requirements, the estimated cost of the 

21 program if requirements are modified, and 

22 the extent to which funding from other 

23 programs will need to be reduced to cover 

24 the cost growth of the program; and 


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1 ‘‘(v) explain the rationale for why the 

2 proposed corrective action is recommended. 

3 ‘‘(C) ROOT CAUSE ANALYSIS.—The root 

4 cause analysis required under this subsection 

5 shall determine the underlying cause or causes 

6 of shortcomings in cost, schedule, or perform7 ance of the program, including the role, if any, 

8 of the following: 

9 ‘‘(i) Unrealistic performance expecta10 tions. 

11 ‘‘(ii) Unrealistic baseline estimates for 

12 cost or schedule or changes in program re13 quirements. 

14 ‘‘(iii) Immature technologies or exces15 sive manufacturing or integration risk. 

16 ‘‘(iv) Unanticipated design, engineer17 ing, manufacturing, or technology integra18 tion issues arising during program per19 formance. 

20 ‘‘(v) Changes in procurement quan21 tities. 

22 ‘‘(vi) Inadequate program funding or 

23 changes in planned out-year funding from 

24 1 5-year funding plan to the next 5-year 

25 funding plan as outlined in the Future 


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1 Years Homeland Security Program re2 quired under section 874 of this Act. 

3 ‘‘(vii) Legislative, legal, or regulatory 

4 changes. 

5 ‘‘(viii) Inadequate program manage6 ment personnel, including lack of training, 

7 credentials, certifications, or use of best 

8 practices. 

9 ‘‘(3) CORRECTION OF BREACH.—The Under 

10 Secretary for Management or his designee shall es11 tablish a date for submission within the Department 

12 of a program of corrective action that ensures that 

13 1 of the following actions has occurred: 

14 ‘‘(A) The breach has been corrected and 

15 the program is again in compliance with the 

16 original acquisition program baseline param17 eters. 

18 ‘‘(B) A revised acquisition program base19 line has been approved. 

20 ‘‘(C) The program has been halted or can21 celled. 

22 ‘‘(c) REQUIREMENTS RELATING TO CONGRESSIONAL

23 NOTIFICATION IF BREACH OCCURS.— 

24 ‘‘(1) NOTIFICATION TO CONGRESS.—If a notifi25 cation is made under subsection (b)(1)(B) for a 


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1 breach in a major acquisition program with a cost 

2 overrun greater than 15 percent or a schedule delay 

3 greater than 180 days from the costs or schedule set 

4 forth in the acquisition program baseline, or with an 

5 anticipated failure for any key performance thresh6 old or parameter specified in the acquisition pro7 gram baseline, the Under Secretary for Management 

8 shall notify the congressional homeland security 

9 committees of the breach in the next quarterly Com10 prehensive Acquisition Status Report after the 

11 Under Secretary for Management receives the notifi12 cation from the program manager under subsection 

13 (b)(1)(B). 

14 ‘‘(2) SUBSTANTIAL VARIANCES IN COSTS OR

15 SCHEDULE.—If a likely cost overrun is greater than 

16 20 percent or a likely delay is greater than 12 

17 months from the costs and schedule set forth in the 

18 acquisition program baseline for a major acquisition 

19 program, the Under Secretary for Management shall 

20 include in the notification required in (c)(1) a writ21 ten certification, with supporting explanation, that— 

22 ‘‘(A) the acquisition is essential to the ac23 complishment of the Department’s mission; 

24 ‘‘(B) there are no alternatives to such ca25 pability or asset that will provide equal or 


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1 greater capability in both a more cost-effective 

2 and timely manner; 

3 ‘‘(C) the new acquisition schedule and esti4 mates for total acquisition cost are reasonable; 

5 and 

6 ‘‘(D) the management structure for the ac7 quisition program is adequate to manage and 

8 control performance, cost, and schedule. 

9 ‘‘(3) SUBMISSIONS TO CONGRESS.—Not later 

10 than 30 calendar days after submission to such com11 mittees of a breach notification under paragraph (1) 

12 of this section for a major acquisition program, the 

13 Under Secretary for Management shall submit to 

14 such committees the following: 

15 ‘‘(A) A copy of the remediation plan and 

16 the root cause analysis prepared under sub17 section (b)(2) for the program. 

18 ‘‘(B) A statement describing the corrective 

19 action or actions that have occurred pursuant 

20 to subsection (b)(3) for the program, with a 

21 justification for the action or actions. 

22 ‘‘(d) ADDITIONAL ACTIONS IF BREACH OCCURS.— 

23 ‘‘(1) PROHIBITION ON OBLIGATION OF

24 FUNDS.—During the 90-day period following sub25 mission under subsection (c)(3) of a remediation 


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1 plan, root cause analysis, and statement of corrective 

2 actions with respect to a major acquisition program, 

3 the Under Secretary for Management shall submit a 

4 certification described in paragraph (2) of this sub5 section to the congressional homeland security com6 mittees. If the Under Secretary for Management 

7 does not submit such certification by the end of such 

8 90-day period, then funds appropriated to the major 

9 acquisition program shall not be obligated until the 

10 Under Secretary for Management submits such cer11 tification. 

12 ‘‘(2) CERTIFICATION.—For purposes of para13 graph (1), the certification described in this para14 graph is a certification that— 

15 ‘‘(A) the Department has adjusted or re16 structured the program in a manner that ad17 dresses the root cause or causes of the cost 

18 growth in the program; and 

19 ‘‘(B) the Department has conducted a 

20 thorough review of the breached program’s ac21 quisition decision event approvals and the cur22 rent acquisition decision event approval for the 

23 breached program has been adjusted as nec24 essary to account for the restructured pro25 gram.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) of the Homeland Security Act of 2002 (6 

3 U.S.C. 101 et seq.) is further amended by adding after 

4 the item relating to section 837 the following new item: 

‘‘Sec. 838. Congressional notification and other requirements for major acquisition program breach.’’. 

5 SEC. 232. MULTIYEAR ACQUISITION STRATEGY. 

6 (a) IN GENERAL.— 

7 (1) AMENDMENT.—Subtitle D of title VIII of 

8 the Homeland Security Act of 2002 (6 U.S.C. 391 

9 et seq.) is further amended by adding at the end the 

10 following new section: 

11 ‘‘SEC. 839. MULTIYEAR ACQUISITION STRATEGY. 

12 ‘‘(a) MULTIYEAR ACQUISITION STRATEGY RE13 QUIRED.—Not later than 1 year after the date of the en14 actment of this section, the Secretary shall submit to the 

15 appropriate homeland security committees a multiyear ac16 quisition strategy to guide the overall direction of the ac17 quisitions of the Department while allowing flexibility to 

18 deal with ever-changing threats and risks and to help in19 dustry better understand, plan, and align resources to 

20 meet the future acquisition needs of the Department. The 

21 strategy shall be updated and included in each Future 

22 Years Homeland Security Program required under section 

23 874 of this Act. 


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1 ‘‘(b) CONSULTATION.—In developing the strategy, 

2 the Secretary shall consult with others as the Secretary 

3 deems appropriate, including headquarters, Components, 

4 employees in the field, and when appropriate, individuals 

5 from industry and the academic community. 

6 ‘‘(c) FORM OF STRATEGY.—The report shall be sub7 mitted in unclassified form but may include a classified 

8 annex for any sensitive or classified information if nec9 essary. The Department also shall publish the plan in an 

10 unclassified format that is publicly available. 

11 ‘‘(d) CONTENTS OF STRATEGY.—The strategy shall 

12 include the following: 

13 ‘‘(1) PRIORITIZED LIST.—A systematic and in14 tegrated prioritized list developed by the Under Sec15 retary for Management or his designee in coordina16 tion with all of the Component Acquisition Execu17 tives of Department major acquisition programs that 

18 Department and Component acquisition investments 

19 seek to address, that includes the expected security 

20 and economic benefit of the program or system and 

21 an analysis of how the security and economic benefit 

22 derived from the program or system will be meas23 ured. 

24 ‘‘(2) INVENTORY.—A plan to develop a reliable 

25 Departmentwide inventory of investments and real 


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1 property assets to help the Department plan, budg2 et, schedule, and acquire upgrades of its systems 

3 and equipment and plan for the acquisition and 

4 management of future systems and equipment. 

5 ‘‘(3) FUNDING GAPS.—A plan to address fund6 ing gaps between funding requirements for major ac7 quisition programs and known available resources in8 cluding, to the maximum extent practicable, ways of 

9 leveraging best practices to identify and eliminate 

10 overpayment for items to prevent wasteful pur11 chasing, achieve the greatest level of efficiency and 

12 cost savings by rationalizing purchases, aligning 

13 pricing for similar items, and utilizing purchase tim14 ing and economies of scale. 

15 ‘‘(4) IDENTIFICATION OF CAPABILITIES.—An 

16 identification of test, evaluation, modeling, and sim17 ulation capabilities that will be required to support 

18 the acquisition of the technologies to meet the needs 

19 of the plan and ways to leverage to the greatest ex20 tent possible the emerging technology trends and re21 search and development trends within the public and 

22 private sectors and an identification of ways to en23 sure that the appropriate technology is acquired and 

24 integrated into the Department’s operating doctrine 


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1 and procured in ways that improve mission perform2 ance. 

3 ‘‘(5) FOCUS ON FLEXIBLE SOLUTIONS.—An as4 sessment of ways the Department can improve its 

5 ability to test and acquire innovative solutions to 

6 allow needed incentives and protections for appro7 priate risk-taking in order to meet its acquisition 

8 needs with resiliency, agility, and responsiveness to 

9 assure the Nation’s homeland security and facilitate 

10 trade. 

11 ‘‘(6) FOCUS ON INCENTIVES TO SAVE TAX12 PAYER DOLLARS.—An assessment of ways the De13 partment can develop incentives for program man14 agers and senior Department acquisition officials to 

15 prevent cost overruns, avoid schedule delays, and 

16 achieve cost savings in major acquisition programs. 

17 ‘‘(7) FOCUS ON ADDRESSING DELAYS AND BID

18 PROTESTS.—An assessment of ways the Department 

19 can improve the acquisition process to minimize cost 

20 overruns in requirements development, procurement 

21 announcements, requests for proposals, evaluation of 

22 proposals, protests of decisions and awards and 

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1 provement Act of 2015 and lessons learned by the 

2 Department and other Federal agencies. 

3 ‘‘(8) FOCUS ON IMPROVING OUTREACH.—An 

4 identification and assessment of ways to increase op5 portunities for communication and collaboration with 

6 industry, small and disadvantaged businesses, intra7 government entities, university centers of excellence, 

8 accredited certification and standards development 

9 organizations, and national laboratories to ensure 

10 that the Department understands the market for 

11 technologies, products, and innovation that is avail12 able to meet its mission needs to inform the require13 ments-setting process and before engaging in an ac14 quisition, including— 

15 ‘‘(A) methods designed especially to engage 

16 small and disadvantaged businesses and a cost17 benefit analysis of the tradeoffs that small and 

18 disadvantaged businesses provide, barriers to 

19 entry for small and disadvantaged businesses, 

20 and unique requirements for small and dis21 advantaged businesses; and 

22 ‘‘(B) within the Department Vendor Com23 munication Plan and Market Research Guide, 

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1 pretation of acquisition regulations and to per2 mit freedom within legal and ethical boundaries 

3 for program managers to interact with such 

4 businesses with transparency. 

5 ‘‘(9) COMPETITION.—A plan regarding competi6 tion as described in subsection (e). 

7 ‘‘(10) ACQUISITION WORKFORCE.—A plan re8 garding the Department acquisition workforce as de9 scribed in subsection (f). 

10 ‘‘(11) FEASIBILITY OF WORKFORCE DEVELOP11 MENT FUND PILOT PROGRAM.—An assessment of 

12 the feasibility of conducting a pilot program to es13 tablish an acquisition workforce development fund as 

14 described in subsection (g). 

15 ‘‘(e) COMPETITION PLAN.—The strategy shall also 

16 include a plan (referred to in subsection (d)(9)) that shall 

17 address actions to ensure competition, or the option of 

18 competition, for major acquisition programs. The plan 

19 may include assessments of the following measures in ap20 propriate cases if such measures are cost effective: 

21 ‘‘(1) Competitive prototyping. 

22 ‘‘(2) Dual-sourcing. 

23 ‘‘(3) Unbundling of contracts. 

24 ‘‘(4) Funding of next-generation prototype sys25 tems or subsystems. 


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1 ‘‘(5) Use of modular, open architectures to en2 able competition for upgrades. 

3 ‘‘(6) Acquisition of complete technical data 

4 packages. 

5 ‘‘(7) Periodic competitions for subsystem up6 grades. 

7 ‘‘(8) Licensing of additional suppliers, including 

8 small businesses. 

9 ‘‘(9) Periodic system or program reviews to ad10 dress long-term competitive effects of program deci11 sions. 

12 ‘‘(f) ACQUISITION WORKFORCE PLAN.— 

13 ‘‘(1) ACQUISITION WORKFORCE.—The strategy 

14 shall also include a plan (referred to in subsection 

15 (d)(10)) to address Department acquisition work16 force accountability and talent management that 

17 identifies the acquisition workforce needs of each 

18 Component performing acquisition functions and de19 velops options for filling those needs with qualified 

20 individuals, including a cost-benefit analysis of con21 tracting for acquisition assistance. 

22 ‘‘(2) ADDITIONAL MATTERS COVERED.—The 

23 acquisition workforce plan shall address ways to— 

24 ‘‘(A) improve the recruitment, hiring, 

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1 tion workforce personnel, including contracting 

2 officer’s representatives, in order to retain high3 ly qualified individuals that have experience in 

4 the acquisition life cycle, complex procurements, 

5 and management of large programs; 

6 ‘‘(B) empower program managers to have 

7 the authority to manage their programs in an 

8 accountable and transparent manner as they 

9 work with the acquisition workforce; 

10 ‘‘(C) prevent duplication within Depart11 ment acquisition workforce training and certifi12 cation requirements through leveraging already13 existing training within the Federal Govern14 ment, academic community, or private industry; 

15 ‘‘(D) achieve integration and consistency 

16 with Governmentwide training and accreditation 

17 standards, acquisition training tools, and train18 ing facilities; 

19 ‘‘(E) designate the acquisition positions 

20 that will be necessary to support the Depart21 ment acquisition requirements, including in the 

22 fields of— 

23 ‘‘(i) program management; 

24 ‘‘(ii) systems engineering; 


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1 ‘‘(iii) procurement, including con2 tracting; 

3 ‘‘(iv) test and evaluation; 

4 ‘‘(v) life cycle logistics; 

5 ‘‘(vi) cost estimating and program fi6 nancial management; and 

7 ‘‘(vii) additional disciplines appro8 priate to Department mission needs; 

9 ‘‘(F) strengthen the performance of con10 tracting officer’s representatives (as defined in 

11 subpart 1.602–2 and subpart 2.101 of the Fed12 eral Acquisition Regulation), including by— 

13 ‘‘(i) assessing the extent to which con14 tracting officer’s representatives are cer15 tified and receive training that is appro16 priate; 

17 ‘‘(ii) determining what training is 

18 most effective with respect to the type and 

19 complexity of assignment; and 

20 ‘‘(iii) implementing actions to improve 

21 training based on such assessment; and 

22 ‘‘(G) identify ways to increase training for 

23 relevant investigators and auditors to examine 

24 fraud in major acquisition programs, including 

25 identifying opportunities to leverage existing 


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1 Government and private sector resources in co2 ordination with the Inspector General of the 

3 Department. 

4 ‘‘(g) FEASIBILITY OF WORKFORCE DEVELOPMENT

5 FUND PILOT PROGRAM.—The strategy shall also include 

6 an assessment (referred to in subsection (d)(11)) of the 

7 feasibility of conducting a pilot program to establish a 

8 Homeland Security Acquisition Workforce Development 

9 Fund (in this subsection referred to as the ‘Fund’) to en10 sure the Department acquisition workforce has the capac11 ity, in both personnel and skills, needed to properly per12 form its mission and ensure that the Department receives 

13 the best value for the expenditure of public resources. The 

14 assessment shall address the following: 

15 ‘‘(1) Ways to fund the Fund, including the use 

16 of direct appropriations, or the credit, transfer, or 

17 deposit of unobligated or unused funds from Depart18 ment Components into the Fund to remain available 

19 for obligation in the fiscal year for which credited, 

20 transferred, or deposited and to remain available for 

21 successive fiscal years. 

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1 tiveness through providing a percentage of the sav2 ings or general acquisition bonuses. 

3 ‘‘(3) Guidance for the administration of the 

4 Fund that includes provisions to do the following: 

5 ‘‘(A) Describe the costs and benefits asso6 ciated with the use of direct appropriations or 

7 credit, transfer, or deposit of unobligated or un8 used funds to finance the Fund. 

9 ‘‘(B) Describe the manner and timing for 

10 applications for amounts in the Fund to be sub11 mitted. 

12 ‘‘(C) Explain the evaluation criteria to be 

13 used for approving or prioritizing applications 

14 for amounts in the Fund in any fiscal year. 

15 ‘‘(D) Explain the mechanism to report to 

16 Congress on the implementation of the Fund on 

17 an ongoing basis. 

18 ‘‘(E) Detail measurable performance 

19 metrics to determine if the Fund is meeting the 

20 objective to improve the acquisition workforce 

21 and to achieve cost savings in acquisition man22 agement.’’. 

23 (2) CLERICAL AMENDMENT.—The table of con24 tents in section 1(b) of the Homeland Security Act 

25 of 2002 (6 U.S.C. 101 et seq.) is further amended 


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1 by adding after the item relating to section 838 the 

2 following new item: 

‘‘Sec. 839. Multiyear acquisition strategy.’’. 

3 (b) CONFORMING AMENDMENT TO FUTURE YEARS

4 HOMELAND SECURITY PROGRAM.—Section 874(b) of the 

5 Homeland Security Act of 2002 (6 U.S.C. 454(b)) is 

6 amended— 

7 (1) by striking ‘‘and’’ at the end of paragraph 

8 (2); 

9 (2) by striking the period at the end of para10 graph (3) and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(4) include the multiyear acquisition strategy 

14 required under section 839 of this Act.’’. 

15 SEC. 233. ACQUISITION REPORTS. 

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

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

18 is further amended by adding at the end the following new 

19 section: 

20 ‘‘SEC. 840. ACQUISITION REPORTS. 

21 ‘‘(a) COMPREHENSIVE ACQUISITION STATUS RE22 PORT.— 

23 ‘‘(1) IN GENERAL.—The Under Secretary for 

24 Management each year shall submit to the congres25 sional homeland security committees, at the same 


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1 time as the President’s budget is submitted for a fis2 cal year under section 1105(a) of title 31, United 

3 States Code, a comprehensive acquisition status re4 port. The report shall include the following: 

5 ‘‘(A) The information required under the 

6 heading ‘Office of the Under Secretary for 

7 Management’ under title I of division D of the 

8 Consolidated Appropriations Act, 2012 (Public 

9 Law 112–74) (as required under the Depart10 ment of Homeland Security Appropriations Act, 

11 2013 (Public Law 113–6)). 

12 ‘‘(B) A listing of programs that have been 

13 cancelled, modified, paused, or referred to the 

14 Under Secretary for Management or Deputy 

15 Secretary for additional oversight or action by 

16 the Board, Department Office of Inspector 

17 General, or the Comptroller General. 

18 ‘‘(C) A listing of established Executive 

19 Steering Committees, which provide governance 

20 of a program or related set of programs and 

21 lower-tiered oversight, and support between ac22 quisition decision events and Component re23 views, including the mission and membership 

24 for each. 


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1 ‘‘(2) INFORMATION FOR MAJOR ACQUISITION

2 PROGRAMS.—For each major acquisition program, 

3 the report shall include the following: 

4 ‘‘(A) A narrative description, including 

5 current gaps and shortfalls, the capabilities to 

6 be fielded, and the number of planned incre7 ments or units. 

8 ‘‘(B) Acquisition Review Board (or other 

9 board designated to review the acquisition) sta10 tus of each acquisition, including the current 

11 acquisition phase, the date of the last review, 

12 and a listing of the required documents that 

13 have been reviewed with the dates reviewed or 

14 approved. 

15 ‘‘(C) The most current, approved acquisi16 tion program baseline (including project sched17 ules and events). 

18 ‘‘(D) A comparison of the original acquisi19 tion program baseline, the current acquisition 

20 program baseline, and the current estimate. 

21 ‘‘(E) Whether or not an independent 

22 verification and validation has been imple23 mented, with an explanation for the decision 

24 and a summary of any findings. 


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1 ‘‘(F) A rating of cost risk, schedule risk, 

2 and technical risk associated with the program 

3 (including narrative descriptions and mitigation 

4 actions). 

5 ‘‘(G) Contract status (including earned 

6 value management data as applicable). 

7 ‘‘(H) A life cycle cost of the acquisition, 

8 and time basis for the estimate. 

9 ‘‘(3) UPDATES.—The Under Secretary shall 

10 submit quarterly updates to such report not later 

11 than 45 days after the completion of each quarter. 

12 ‘‘(b) QUARTERLY PROGRAM ACCOUNTABILITY RE13 PORT.—The Under Secretary for Management shall pre14 pare a quarterly program accountability report to meet the 

15 Department’s mandate to perform program health assess16 ments and improve program execution and governance. 

17 The report shall be submitted to the congressional home18 land security committees.’’. 

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

20 in section 1(b) of the Homeland Security Act of 2002 (6 

21 U.S.C. 101 et seq.) is further amended by adding after 

22 the item 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 Con4 gress of the first multiyear acquisition strategy (pursuant 

5 to section 839 of the Homeland Security Act of 2002) 

6 after the date of the enactment of this Act, the Comp7 troller General of the United States shall conduct a review 

8 of the plan within 180 days to analyze the viability of the 

9 plan’s effectiveness in the following: 

10 (1) Complying with the requirements in section 

11 839 of the Homeland Security Act of 2002, as 

12 added 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 

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1 eral Government, academic community, or private 

2 industry. 

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) Assessing the feasibility of conducting a 

8 pilot program to establish a Homeland Security Ac9 quisition Workforce Development Fund. 

10 (b) REPORT REQUIRED.—The Comptroller General 

11 shall submit to the congressional homeland security com12 mittees a report on the review required by this section. 

13 The report shall be submitted in unclassified form but 

14 may include a classified annex. 

15 SEC. 235. OFFICE OF INSPECTOR GENERAL REPORT. 

16 (a) REVIEW REQUIRED.—No later than 2 years fol17 lowing the submission of the report submitted by the 

18 Comptroller General of the United States as required by 

19 section 234, the Department’s Inspector General shall 

20 conduct a review of whether the Department has complied 

21 with the multiyear acquisition strategy (pursuant to sec22 tion 839 of the Homeland Security Act of 2002) and ad23 hered to the strategies set forth in the plan. The review 

24 shall also consider whether the Department has complied 

25 with the requirements to provide the Acquisition Review 


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1 Board with a capability development plan for each major 

2 acquisition program. 

3 (b) REPORT REQUIRED.—The Inspector General 

4 shall submit to the congressional homeland security com5 mittees a report of the review required by this section. The 

6 report shall be submitted in unclassified form but may in7 clude a classified annex. 

Æ 


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