IIB 

114TH CONGRESS 

1ST SESSION H. R. 3572 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 21, 2015 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To amend the Homeland Security Act of 2002 to reform, 

streamline, and make improvements to the Department 

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

and performance, and for other purposes. 


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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘DHS Headquarters Reform and Improvement Act of 

6 2015’’. 

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

8 this Act is the following: 

Sec. 1. Short title; Table of contents. 

Sec. 2. Prohibition on additional authorization of appropriations. 

TITLE I—DEPARTMENT OF HOMELAND SECURITY 

HEADQUARTERS REAUTHORIZATION 

Sec. 101. Definitions. 

Sec. 102. Headquarters components. 

Sec. 103. Chief Privacy Officer. 

Sec. 104. Office of Policy. 

Sec. 105. Quadrennial homeland security review. 

Sec. 106. Future years homeland security program. 

Sec. 107. Management and execution. 

Sec. 108. Chief Financial Officer. 

Sec. 109. Chief Procurement Officer. 

Sec. 110. Chief Information Officer. 

Sec. 111. Chief Human Capital Officer. 

Sec. 112. Chief Security Officer. 

Sec. 113. Cost savings and efficiency reviews. 

Sec. 114. Field efficiencies plan. 

Sec. 115. Resources to respond to operational surges. 

Sec. 116. Department of Homeland Security rotation program. 

TITLE II—DHS ACQUISITION ACCOUNTABILITY AND EFFICIENCY 

Sec. 201. Definitions. 

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. 


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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. 

1 SEC. 2. PROHIBITION ON ADDITIONAL AUTHORIZATION OF 

2 APPROPRIATIONS. 

3 No additional funds are authorized to be appro4 priated to carry out this Act and the amendments made 

5 by this Act. This Act and such amendments shall be car6 ried out using amounts otherwise available for such pur7 poses. 

8 TITLE I—DEPARTMENT OF 

9 HOMELAND SECURITY HEAD10 QUARTERS REAUTHORIZA11 TION 

12 SEC. 101. DEFINITIONS. 

13 Section 2 of the Homeland Security Act of 2002 is 

14 amended— 

15 (1) by redesignating paragraphs (13) through 

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

17 (2) by redesignating paragraphs (9) through 

18 (12) as paragraphs (10) through (13); 


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1 (3) by inserting after paragraph (8) the fol2 lowing: 

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

4 means relevant governmental and nongovernmental 

5 entities involved in homeland security, including 

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

7 private sector representatives, academics, and other 

8 policy experts.’’; and 

9 (4) by inserting after paragraph (13), as so re10 designated, the following: 

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

12 transformation’— 

13 ‘‘(A) means the development of consistent 

14 and consolidated functions for information tech15 nology, financial management, acquisition man16 agement, and human capital management; and 

17 ‘‘(B) includes governing processes and pro18 cedures, management systems, personnel activi19 ties, budget and resource planning, training, 

20 real estate management, and provision of secu21 rity, as they relate to functions cited in sub22 paragraph (A).’’. 

23 SEC. 102. HEADQUARTERS COMPONENTS. 

24 (a) IN GENERAL.—Section 102 of the Homeland Se25 curity Act of 2002 (6 U.S.C. 112) is amended— 


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1 (1) in subsection (c)— 

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

3 by striking ‘‘through the Office of State and 

4 Local Coordination (established under section 

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

6 Partnership and Engagement’’; 

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

8 after the semicolon at the end; 

9 (C) in paragraph (3), by striking the pe10 riod and inserting ‘‘; and’’; and 

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

12 ‘‘(4) entering into agreements with governments 

13 of other countries, in consultation with the Secretary 

14 of State, and international nongovernmental organi15 zations in order to achieve the missions of the De16 partment.’’; and 

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

18 ‘‘(h) HEADQUARTERS.— 

19 ‘‘(1) COMPONENTS.—The Department Head20 quarters shall include the following: 

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

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

23 ‘‘(C) The Executive Secretariat. 

24 ‘‘(D) The Management Directorate, includ25 ing the Office of the Chief Financial Officer. 


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1 ‘‘(E) The Office of Policy. 

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

3 ‘‘(G) The Office of the Chief Privacy Offi4 cer. 

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

6 Liberties. 

7 ‘‘(I) The Office of Operations and Coordi8 nation and Planning. 

9 ‘‘(J) The Office of Intelligence and Anal10 ysis. 

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

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

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

14 Headquarters, shall— 

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

16 strategy for successfully completing its mission; 

17 ‘‘(B) establish initiatives that improve per18 formance Department-wide; 

19 ‘‘(C) establish mechanisms to ensure that 

20 components of the Department comply with 

21 Headquarters policies and fully implement the 

22 Secretary’s strategies and initiatives and re23 quire the head of each component of the De24 partment and component chief officers to comVerDate Sep 11 2014 22:39 Oct 21, 2015 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3572.RFS H3572

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1 ply with such policies and implement such 

2 strategies and initiatives; 

3 ‘‘(D) establish annual operational and 

4 management objectives to determine the De5 partment’s performance; 

6 ‘‘(E) ensure that the Department success7 fully meets operational and management per8 formance objectives through conducting over9 sight of component agencies; 

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

11 investments, and workforce of Department 

12 agencies align with Department objectives; 

13 ‘‘(G) establish and implement policies re14 lated to Department ethics and compliance 

15 standards; 

16 ‘‘(H) manage and encourage shared serv17 ices across Department components; 

18 ‘‘(I) lead and coordinate interaction with 

19 Congress and other external organizations; and 

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

21 Secretary determines are appropriate.’’. 

22 (b) ABOLISHMENT OF DIRECTOR OF SHARED SERV23 ICES.— 

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

25 Shared Services is abolished. 


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1 (2) CONFORMING AMENDMENT.—Section 475 

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

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

4 table of contents in section 1(b) of such Act, are re5 pealed. 

6 (c) ABOLISHMENT OF THE OFFICE OF COUNTER7 NARCOTICS ENFORCEMENT.— 

8 (1) ABOLISHMENT.—The Office of Counter9 narcotics Enforcement is abolished. 

10 (2) CONFORMING AMENDMENTS.—The Home11 land Security Act of 2002 is amended— 

12 (A) by repealing section 878 (6 U.S.C. 

13 112), and the item relating to that section in 

14 the table of contents in section 1(b) of such 

15 Act; and 

16 (B) in subparagraph (B) of section 

17 843(b)(1) (6 U.S.C. 413(b)(1)), by striking 

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

19 that subparagraph and inserting ‘‘by the Sec20 retary; and’’. 

21 SEC. 103. CHIEF PRIVACY OFFICER. 

22 (a) IN GENERAL.—Section 222 of the Homeland Se23 curity Act of 2002 (6 U.S.C. 142) is amended— 

24 (1) in subsection (a)— 


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1 (A) in the matter preceding paragraph 

2 (1)— 

3 (i) by inserting ‘‘to be the Chief Pri4 vacy Officer of the Department,’’ after ‘‘in 

5 the Department,’’; and 

6 (ii) by striking ‘‘, to assume’’ and in7 serting ‘‘and who shall have’’; 

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

9 follows: 

10 ‘‘(6) preparing a report to Congress on an an11 nual basis on— 

12 ‘‘(A) activities of the Department that af13 fect privacy, including complaints of privacy 

14 violations, implementation of section 554 of 

15 title 5, United States Code (popularly known as 

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

17 other matters; and 

18 ‘‘(B) the number of new technology pro19 grams implemented in the Department each fis20 cal year, the number of those programs that the 

21 Chief Privacy Officer has evaluated to ensure 

22 that privacy protections are considered and im23 plemented, the number of those programs that 

24 effectively implemented privacy protections into 

25 new technology programs, and an explanation 


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1 of why any new programs did not effectively im2 plement privacy protections.’’; 

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

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

5 (4) by inserting after subsection (a) the fol6 lowing: 

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

8 to the responsibilities under subsection (a), the Chief Pri9 vacy Officer shall— 

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

11 the Department in developing privacy policies and 

12 practices; 

13 ‘‘(2) establish a mechanism to ensure such com14 ponents are in compliance with Federal, regulatory, 

15 statutory, and the Department’s privacy require16 ments, mandates, directives, and policy; 

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

18 the Department to identify methods for managing 

19 and overseeing the Department’s records, manage20 ment policies, and procedures; 

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

22 Department to ensure that information sharing ac23 tivities incorporate privacy protections; 

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

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1 tion 552 of title 5, United States Code, popularly 

2 known as the Freedom of Information Act; 

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

4 be followed when making requests for information 

5 under section 552 of title 5, United States Code; 

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

7 requests for information under section 552 of title 5, 

8 United States Code, within Department Head9 quarters and relevant Department component of10 fices; 

11 ‘‘(8) identify and eliminate unnecessary and du12 plicative actions taken by the Department in the 

13 course of processing requests for information under 

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

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

16 Secretary determines are appropriate, consistent 

17 with this section.’’; and 

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

19 ‘‘(g) REASSIGNMENT OF FUNCTIONS.—The Sec20 retary may reassign the functions related to managing and 

21 processing requests for information under section 552 of 

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

23 Department, consistent with requirements of that sec24 tion.’’. 


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1 SEC. 104. OFFICE OF POLICY. 

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

3 2002 (6 U.S.C. 101 et seq.) is amended by— 

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

5 and transferring that section to appear immediately 

6 after section 890A; and 

7 (2) striking the heading for title VI and insert8 ing the following: 

9 ‘‘TITLE VI—POLICY AND 

10 PLANNING 

11 ‘‘SEC. 601. OFFICE OF POLICY. 

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

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

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

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

16 and consent of the Senate. 

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

18 is to lead, conduct, and coordinate Department-wide pol19 icy, strategic planning, and relationships with organiza20 tions or persons that are not part of the Department. 

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

22 shall include the following components: 

23 ‘‘(1) The Office of Partnership and Engage24 ment under section 602. 

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

26 section 603. 


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

2 section 604. 

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

4 section 605. 

5 ‘‘(d) RESPONSIBILITIES OF THE UNDER SEC6 RETARY.—Subject to the direction and control of the Sec7 retary, the Under Secretary for Policy shall— 

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

9 Secretary; 

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

11 Management and the General Counsel of the De12 partment to ensure that development of the Depart13 ment’s budget is compatible with the priorities, stra14 tegic plans, and policies established by the Sec15 retary, including those priorities identified through 

16 the Quadrennial Homeland Security Review required 

17 under section 707; 

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

19 oversee and coordinate relationships with, organiza20 tions and other persons that are not part of the De21 partment to ensure effective communication of out22 side stakeholders’ perspectives to components of the 

23 Department; 

24 ‘‘(4) establish a process to ensure that organi25 zations and other persons that are not part of the 


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1 Department can communicate with Department 

2 components without compromising adherence by the 

3 officials of such components to the Department’s 

4 ethics and policies; 

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

6 international engagement activities; 

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

8 the impact of the Department’s policy, processes, 

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

10 governments; 

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

12 development of partnerships with nonprofit organiza13 tions and academic institutions; 

14 ‘‘(8) administer the Homeland Security Advi15 sory Council and make studies available to the Com16 mittee on Homeland Security of the House of Rep17 resentatives and the Committee on Homeland Secu18 rity and Governmental Affairs of the Senate on an 

19 annual basis; and 

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

21 Secretary determines are appropriate, consistent 

22 with this section. 

23 ‘‘(e) COORDINATION BY DEPARTMENT COMPO24 NENTS.— 


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

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

3 component of the Department shall coordinate with 

4 the Office of Policy, as appropriate, in establishing 

5 new policies or strategic planning guidance. 

6 ‘‘(2) INTERNATIONAL ACTIVITIES.— 

7 ‘‘(A) FOREIGN NEGOTIATIONS.—Each 

8 component of the Department shall coordinate 

9 with the Under Secretary for Policy plans and 

10 efforts of the component before pursuing nego11 tiations with foreign governments, to ensure 

12 consistency with the Department’s policy prior13 ities. 

14 ‘‘(B) NOTICE OF INTERNATIONAL TRAVEL

15 BY SENIOR OFFICERS.—Each component of the 

16 Department shall notify the Under Secretary 

17 for Policy of the international travel of senior 

18 officers of the Department. 

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

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

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

22 821, and 888(d), other appropriate personnel detailed 

23 from other components of the Department to carry out 

24 the responsibilities under this section. 

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


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

2 ‘‘(A) establish within the Department of 

3 Homeland Security a position, to be called the 

4 Deputy Under Secretary for Policy, to support 

5 the Under Secretary for Policy in carrying out 

6 the Under Secretary’s responsibilities; and 

7 ‘‘(B) appoint a career employee to such po8 sition. 

9 ‘‘(2) LIMITATION ON ESTABLISHMENT OF DEP10 UTY UNDER SECRETARY POSITIONS.—A Deputy 

11 Under Secretary position (or any substantially simi12 lar position) within the Department of Homeland 

13 Security may not be established except for the posi14 tion provided for by paragraph (1) unless the Sec15 retary of Homeland Security receives prior author16 ization from Congress. 

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

18 (1)— 

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

20 employee (as that term is defined in section 

21 2105 of title 5, United States Code), but does 

22 not include a political appointee; and 

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

24 any employee who occupies a position which has 

25 been excepted from the competitive service by 


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1 reason of its confidential, policy-determining, 

2 policy-making, or policy-advocating character. 

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

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

5 Policy an Office of Partnership and Engagement. 

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

7 an Assistant Secretary for Partnership and Engagement 

8 to serve as the head of the Office. 

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

10 for Partnership and Engagement shall— 

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

12 policies relating to the role of State and local law en13 forcement in preventing, preparing for, protecting 

14 against, and responding to natural disasters, acts of 

15 terrorism, and other man-made disasters within the 

16 United States; 

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

18 tribal law enforcement agencies and the Department, 

19 including through consultation with such agencies 

20 regarding Department programs that may impact 

21 such agencies; 

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

23 and Analysis to certify the intelligence and informa24 tion sharing requirements of State, local, and tribal 

25 law enforcement agencies are being addressed; 


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1 ‘‘(4) work with the Administrator to ensure 

2 that law enforcement and terrorism-focused grants 

3 to State, local, and tribal government agencies, in4 cluding grants under sections 2003 and 2004, the 

5 Commercial Equipment Direct Assistance Program, 

6 and other grants administered by the Department to 

7 support fusion centers and law enforcement-oriented 

8 programs, are appropriately focused on terrorism 

9 prevention activities; 

10 ‘‘(5) coordinate with the Science and Tech11 nology Directorate, the Federal Emergency Manage12 ment Agency, the Department of Justice, the Na13 tional Institute of Justice, law enforcement organiza14 tions, and other appropriate entities to support the 

15 development, promulgation, and updating, as nec16 essary, of national voluntary consensus standards 

17 for training and personal protective equipment to be 

18 used in a tactical environment by law enforcement 

19 officers; 

20 ‘‘(6) create and foster strategic communications 

21 with the private sector to enhance the primary mis22 sion of the Department to protect the American 

23 homeland; 


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

2 Department’s policies, regulations, processes, and 

3 actions on the private sector; 

4 ‘‘(8) interface with other relevant Federal agen5 cies with homeland security missions to assess the 

6 impact of these agencies’ actions on the private sec7 tor; 

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

9 councils composed of representatives of industries 

10 and associations designated by the Secretary to— 

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

12 products, applications, and solutions as they re13 late to homeland security challenges; 

14 ‘‘(B) advise the Secretary on homeland se15 curity policies, regulations, processes, and ac16 tions that affect the participating industries 

17 and associations; and 

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

19 preparedness issues, including effective methods 

20 for— 

21 ‘‘(i) promoting voluntary preparedness 

22 standards to the private sector; and 

23 ‘‘(ii) assisting the private sector in 

24 adopting voluntary preparedness stand25 ards; 


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1 ‘‘(10) promote existing public-private partner2 ships and developing new public-private partnerships 

3 to provide for collaboration and mutual support to 

4 address homeland security challenges; 

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

6 of private sector best practices to secure critical in7 frastructure; 

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

9 regarding voluntary preparedness standards and the 

10 business justification for preparedness and pro11 moting to the private sector the adoption of vol12 untary preparedness standards; 

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

14 to functions of the Department of Homeland Secu15 rity, to identify private sector resources and capabili16 ties that could be effective in supplementing Federal, 

17 State, and local government agency efforts to pre18 vent or respond to a terrorist attack; 

19 ‘‘(14) coordinate with the Commissioner of Cus20 toms and Border Protection and the appropriate 

21 senior official of the Department of Commerce on 

22 issues related to the travel and tourism industries; 

23 ‘‘(15) coordinate the activities of the Depart24 ment relating to State and local government; 


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

2 needed by State and local governments to implement 

3 the national strategy for combating terrorism; 

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

5 regular information, research, and technical support 

6 to assist local efforts at securing the homeland; 

7 ‘‘(18) develop a process for receiving meaning8 ful input from State and local governments to assist 

9 the development of the national strategy for com10 bating terrorism and other homeland security activi11 ties; and 

12 ‘‘(19) perform such other functions as are es13 tablished by law or delegated to such Assistant Sec14 retary by the Under Secretary for Policy. 

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

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

17 Policy an Office of International Affairs. 

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

19 an Assistant Secretary for International Affairs to serve 

20 as the head of the Office and as the chief diplomatic offi21 cer of the Department. 

22 ‘‘(c) FUNCTIONS.— 

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

24 International Affairs shall— 


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1 ‘‘(A) coordinate international activities 

2 within the Department, including activities car3 ried out by the components of the Department, 

4 in consultation with other Federal officials with 

5 responsibility for counterterrorism and home6 land security matters; 

7 ‘‘(B) advise, inform, and assist the Sec8 retary with respect to the development and im9 plementation of Departmental policy priorities, 

10 including strategic priorities for the deployment 

11 of assets, including personnel, outside the 

12 United States; 

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

14 Under Secretary for Management, guidance for 

15 selecting, assigning, training, and monitoring 

16 overseas deployments of Department personnel, 

17 including minimum standards for 

18 predeployment training; 

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

20 with all components of the Department engaged 

21 in international activities, a strategic plan for 

22 the international activities of the Department, 

23 establish a process for managing its implemen24 tation, and establish mechanisms to monitor the 

25 alignment between assets, including personnel, 


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1 deployed by the Department outside the United 

2 States and the plan required by this subpara3 graph; 

4 ‘‘(E) develop and distribute guidance on 

5 Department policy priorities for overseas activi6 ties to personnel deployed overseas, that, at a 

7 minimum, sets forth the regional and national 

8 priorities being advanced by their deployment, 

9 and establish mechanisms to foster better co10 ordination of Department personnel, programs, 

11 and activities deployed outside the United 

12 States; 

13 ‘‘(F) maintain awareness regarding the 

14 international travel of senior officers of the De15 partment and their intent to pursue negotia16 tions with foreign government officials, and re17 view resulting draft agreements; 

18 ‘‘(G) develop, in consultation with the com19 ponents of the Department, including, as appro20 priate, with the Under Secretary for the Science 

21 and Technology Directorate, programs to sup22 port the overseas programs conducted by the 

23 Department, including training, technical as24 sistance, and equipment to ensure that Depart25 ment personnel deployed abroad have proper reVerDate Sep 11 2014 22:39 Oct 21, 2015 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3572.RFS H3572

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1 sources and receive adequate and timely sup2 port; 

3 ‘‘(H) conduct the exchange of homeland 

4 security information, in consultation with the 

5 Under Secretary of the Office of Intelligence 

6 and Analysis, and best practices relating to 

7 homeland security with foreign nations that, in 

8 the determination of the Secretary, reciprocate 

9 the sharing of such information in a substan10 tially similar manner; 

11 ‘‘(I) submit information to the Under Sec12 retary for Policy for oversight purposes, includ13 ing preparation of the quadrennial homeland se14 curity review and on the status of overseas ac15 tivities, including training and technical assist16 ance and information exchange activities and 

17 the Department’s resources dedicated to these 

18 activities; 

19 ‘‘(J) promote, when appropriate, and over20 see the exchange of education, training, and in21 formation with nations friendly to the United 

22 States in order to share best practices relating 

23 to homeland security; and 


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

2 established by law or delegated by the Under 

3 Secretary for Policy. 

4 ‘‘(2) INVENTORY OF ASSETS DEPLOYED

5 ABROAD.—For each fiscal year, the Assistant Sec6 retary for International Affairs, in coordination with 

7 the Under Secretary for Management, shall provide 

8 to the Committee on Homeland Security of the 

9 House of Representatives and the Committee on 

10 Homeland Security and Governmental Affairs of the 

11 Senate with the annual budget request for the De12 partment, an annual accounting of all assets of the 

13 Department, including personnel, deployed outside 

14 the United States on behalf of the Department. 

15 ‘‘(3) STANDARDIZED FRAMEWORK FOR COST

16 DATA.—The Assistant Secretary for International 

17 Affairs shall utilize a standardized framework to col18 lect and maintain comparable cost data for all assets 

19 of the Department, including personnel, deployed 

20 outside the United States to prepare the annual ac21 counting required by paragraph (2). 

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

23 apply to international activities related to the protec24 tive mission of the United States Secret Service, or 

25 to the Coast Guard when operating under the direct 


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1 authority of the Secretary of Defense or the Sec2 retary of the Navy. 

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

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

5 Policy an Office of Policy Implementation. 

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

7 a Director of the Office of Policy Implementation to serve 

8 as the head of the Office. 

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

10 of Policy Implementation shall lead, conduct, coordinate, 

11 and provide overall direction and supervision of Depart12 ment-wide policy development for the programs, offices, 

13 and activities of the Department, in consultation with rel14 evant officials of the Department, to ensure quality, con15 sistency, and integration across the Department, as appro16 priate. 

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

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

19 Policy of the Department an Office of Strategy and Plan20 ning. 

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

22 a Director of the Office of Strategy and Planning who 

23 shall serve as the head of the Office. 

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

25 of Strategy and Planning shall— 


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1 ‘‘(1) lead and conduct long-term Department2 wide strategic planning, including the Quadrennial 

3 Homeland Security Review and planning guidance 

4 for the Department, and translate the Department’s 

5 statutory responsibilities, strategic plans, and long6 term goals into risk-based policies and procedures 

7 that improve operational effectiveness; and 

8 ‘‘(2) develop strategies to address unconven9 tional threats to the homeland.’’. 

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

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

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

13 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.’’. 

14 (2) by inserting after the item relating to sec15 tion 890A the following: 

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

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

16 (c) APPOINTMENT OF UNDER SECRETARY FOR POL17 ICY; CONTINUATION OF SERVICE OF ASSISTANT SEC18 RETARY.— 

19 (1) TIME OF APPOINTMENT.—The President 

20 may appoint an Under Secretary for Policy under 

21 section 601 of the Homeland Security Act of 2002, 


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

2 20, 2017. 

3 (2) HEAD OF OFFICE PENDING APPOINT4 MENT.—The individual serving as the Assistant Sec5 retary for Policy of the Department of Homeland 

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

7 or their successor, may continue to serve as an As8 sistant Secretary and as the head of the Office of 

9 Policy established by such section, until the date on 

10 which the Under Secretary for Policy is appointed 

11 under such section in accordance with paragraph 

12 (1). 

13 (d) APPOINTMENT OF ASSISTANT SECRETARY FOR

14 INTERNATIONAL AFFAIRS; ABOLISHMENT OF EXISTING

15 OFFICE.— 

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

17 Homeland Security may appoint an Assistant Sec18 retary for International Affairs under section 602 of 

19 the Homeland Security Act of 2002, as amended by 

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

21 (2) HEAD OF OFFICE PENDING APPOINT22 MENT.—The individual serving as the Assistant Sec23 retary for International Affairs of the Department of 

24 Homeland Security on the date of the enactment of 

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


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1 as a Deputy Assistant Secretary and as the head of 

2 the Office of International Affairs established by 

3 such section, until the date the Under Secretary for 

4 Policy is appointed under such section in accordance 

5 with paragraph (1). 

6 (3) ABOLISHMENT OF EXISTING OFFICE.— 

7 (A) IN GENERAL.—The Office of Inter8 national Affairs within the Office of the Sec9 retary is abolished. 

10 (B) TRANSFER OF ASSETS AND PER11 SONNEL.—The assets and personnel associated 

12 with such Office are transferred to the head of 

13 the Office of International Affairs provided for 

14 by section 603 of the Homeland Security Act of 

15 2002, as amended by this Act. 

16 (C) CONFORMING AMENDMENT.—Sub17 section 879 of the Homeland Security Act of 

18 2002 (6 U.S.C. 459), and the item relating to 

19 such section in section 1(b) of such Act, are re20 pealed. 

21 (e) ABOLISHMENT OF OFFICE FOR STATE AND

22 LOCAL LAW ENFORCEMENT.— 

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

24 Local Law Enforcement of the Department of 

25 Homeland Security is abolished. 


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1 (2) TRANSFER OF FUNCTIONS, ASSETS, AND

2 PERSONNEL.—The functions authorized to be per3 formed by such office immediately before the enact4 ment of this Act, and the assets and personnel asso5 ciated with such functions, are transferred to the 

6 head of the Office of Partnership and Engagement 

7 provided for by section 602 of the Homeland Secu8 rity Act of 2002, as amended by this Act. 

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

10 of section 2006 of the Homeland Security Act of 

11 2002 (6 U.S.C. 607) is repealed. 

12 (f) ABOLISHMENT OF OFFICE FOR STATE AND

13 LOCAL GOVERNMENT COORDINATION.— 

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

15 Local Government Coordination of the Department 

16 of Homeland Security is abolished. 

17 (2) TRANSFER OF FUNCTIONS AND ASSETS.— 

18 The functions authorized to be performed by such 

19 office immediately before the enactment of this Act, 

20 and the assets and personnel associated with such 

21 functions, are transferred to the head of Office of 

22 Partnership and Engagement provided for by section 

23 602 of the Homeland Security Act of 2002, as 

24 amended by this Act. 


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1 (3) CONFORMING AMENDMENTS.—Section 801 

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

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

4 table of contents in section 1(b) of such Act, are re5 pealed. 

6 (g) ABOLISHMENT OF SPECIAL ASSISTANT TO THE

7 SECRETARY.— 

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

9 Secretary authorized by section 102(f) of the Home10 land Security Act of 2002 (6 U.S.C. 112(f)), as in 

11 effect immediately before the enactment of this Act, 

12 is abolished. 

13 (2) TRANSFER OF FUNCTIONS AND ASSETS.— 

14 The functions authorized to be performed by such 

15 Special Assistant to the Secretary immediately be16 fore the enactment of this Act, and the assets and 

17 personnel associated with such functions, are trans18 ferred to the head of the Office of Partnership and 

19 Engagement provided for by section 602 of the 

20 Homeland Security Act of 2002, as amended by this 

21 Act. 

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

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

24 112(f)) is repealed. 


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1 (h) CONFORMING AMENDMENTS RELATING TO AS2 SISTANT SECRETARIES.—Section 103(a) of the Homeland 

3 Security Act of 2002 (6 U.S.C. 113(a)) is amended— 

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

5 (I) and redesignating subparagraph (J) as subpara6 graph (I); and 

7 (2) by amending paragraph (2) to read as fol8 lows: 

9 ‘‘(2) ASSISTANT SECRETARIES.— 

10 ‘‘(A) ADVICE AND CONSENT APPOINT11 MENTS.—The Department shall have the fol12 lowing Assistant Secretaries appointed by the 

13 President, by and with the advice and consent 

14 of the Senate: 

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

16 Immigration and Customs Enforcement. 

17 ‘‘(ii) The Assistant Secretary, Trans18 portation Security Administration. 

19 ‘‘(B) OTHER PRESIDENTIAL APPOINT20 MENTS.—The Department shall have the fol21 lowing Assistant Secretaries appointed by the 

22 President: 

23 ‘‘(i) The Assistant Secretary, Infra24 structure Protection. 


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1 ‘‘(ii) The Assistant Secretary, Office 

2 of Public Affairs. 

3 ‘‘(iii) The Assistant Secretary, Office 

4 of Legislative Affairs. 

5 ‘‘(C) SECRETARIAL APPOINTMENTS.—The 

6 Department shall have the following Assistant 

7 Secretaries appointed by the Secretary: 

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

9 Cybersecurity and Communications. 

10 ‘‘(ii) The Assistant Secretary for 

11 International Affairs under section 602. 

12 ‘‘(iii) The Assistant Secretary for 

13 Partnership and Engagement under sec14 tion 603. 

15 ‘‘(D) LIMITATION ON CREATION OF POSI16 TIONS.—No Assistant Secretary position may 

17 be created in addition to the positions provided 

18 for by this section unless such position is au19 thorized by a statute enacted after the date of 

20 the enactment of the DHS Headquarters Re21 form and Improvement Act of 2015.’’. 

22 (i) HOMELAND SECURITY ADVISORY COUNCIL.—Sec23 tion 102(b) of the Homeland Security Act of 2002 (6 

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

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


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

2 adding at the end the following: 

3 ‘‘(4) shall establish a Homeland Security Advi4 sory Council to provide advice and recommendations 

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

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

7 may be created to perform functions transferred by this 

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

9 Homeland Security Act of 2002, as amended by this Act, 

10 unless the Secretary of Homeland Security receives prior 

11 authorization from Congress permitting such change. 

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.’’; 

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

13 including materials prepared pursuant to sec14 tion 306 of title 5, United States Code, relating 

15 to the preparation of an agency strategic plan, 

16 to satisfy, in whole or in part, the reporting re17 quirements of this paragraph; and’’. 

18 SEC. 106. FUTURE YEARS HOMELAND SECURITY PROGRAM. 

19 Section 874 of the Homeland Security Act of 2002 

20 (6 U.S.C. 454) is amended— 

21 (1) by amending subsection (a) to read as fol22 lows: 

23 ‘‘(a) IN GENERAL.—Not later than the 30 days fol24 lowing the date of each fiscal year on which the budget 

25 of the President is submitted to Congress under section 


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1 1105(a) of title 31, United States Code, the Secretary 

2 shall submit to the Committee on Homeland Security of 

3 the House of Representatives and the Committee on 

4 Homeland Security and Governmental Affairs of the Sen5 ate a Future Years Homeland Security Program that pro6 vides detailed estimates of the projected expenditures and 

7 corresponding requests for appropriations included in that 

8 budget. The Future Years Homeland Security Program 

9 shall cover the fiscal year for which the budget is sub10 mitted and the 4 succeeding fiscal years.’’; and 

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

12 ‘‘(d) CONSISTENCY OF BUDGET REQUEST WITH ES13 TIMATES.—For each fiscal year, the Secretary shall ensure 

14 that the projected amounts specified in program and 

15 budget information for the Department submitted to Con16 gress in support of the President’s budget request are con17 sistent with the estimated expenditures and proposed ap18 propriations necessary to support the programs, projects, 

19 and activities of the Department included in the budget 

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

21 Code. 

22 ‘‘(e) EXPLANATION OF ALIGNMENT WITH STRATE23 GIES AND PLANS.—Together with the detailed estimates 

24 of the projected expenditures and corresponding requests 

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1 land Security Program, the Secretary shall provide an ex2 planation of how those estimates and requests align with 

3 the homeland security strategies and plans developed and 

4 updated as appropriate by the Secretary. Such explanation 

5 shall include an evaluation of the organization, organiza6 tional structure, governance structure, and business proc7 esses (including acquisition processes) of the Department, 

8 to ensure that the Department is able to meet its respon9 sibilities. 

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

11 Each Future Years Homeland Security Program shall 

12 project— 

13 ‘‘(1) acquisition estimates for a period of 5 fis14 cal years, with specified estimates for each fiscal 

15 year, for major acquisition programs by the Depart16 ment and each component therein, including mod17 ernization and sustainment expenses; and 

18 ‘‘(2) estimated annual deployment schedules for 

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

21 ‘‘(g) CONTINGENCY AMOUNTS.—Nothing in this sec22 tion shall be construed as prohibiting the inclusion in the 

23 Future Years Homeland Security Program of amounts for 

24 management contingencies, subject to the requirements of 

25 subsection (b). 


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1 ‘‘(h) CLASSIFIED OR SENSITIVE ANNEX.—The Sec2 retary may include with each submission under this sec3 tion a classified or sensitive annex containing any informa4 tion required to be submitted under this section that is 

5 restricted from public disclosure in accordance with Fed6 eral law, including information that is determined to be 

7 Sensitive Security Information under section 537 of the 

8 Department of Homeland Security Appropriations Act, 

9 2006 (6 U.S.C. 114) to Congress in a classified or sen10 sitive annex. 

11 ‘‘(i) AVAILABILITY OF INFORMATION TO THE PUB12 LIC.—The Secretary shall make available to the public in 

13 electronic form the information required to be submitted 

14 to Congress under this section, other than information de15 scribed in subsection (h).’’. 

16 SEC. 107. MANAGEMENT AND EXECUTION. 

17 Section 701 of the Homeland Security Act of 2002 

18 (6 U.S.C. 341) is amended by striking subsections (a) and 

19 (b) and inserting the following: 

20 ‘‘(a) IN GENERAL.—Subject to the direction and con21 trol of the Secretary, the Under Secretary for Manage22 ment shall serve as the following: 

23 ‘‘(1) The Chief Management Officer for all mat24 ters related to the management and administration 

25 of the Department in support of homeland security 


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1 operations and programs. With regard to the man2 agement functions for which the Under Secretary 

3 has responsibility by law or by direction of the Sec4 retary, the Under Secretary for Management takes 

5 precedence in the Department after the Secretary 

6 and the Deputy Secretary of Homeland Security. 

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

8 administer, implement, and direct management inte9 gration and transformation across functional dis10 ciplines of the Department, including— 

11 ‘‘(A) information technology, financial 

12 management, acquisition management, and 

13 human capital management of the Department 

14 to improve program efficiency and effectiveness; 

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

16 regulations, and the Department’s policies; 

17 ‘‘(C) conduct regular oversight; and 

18 ‘‘(D) prevent unnecessary duplication of 

19 programs in the Department. 

20 ‘‘(b) RESPONSIBILITIES.—In addition to responsibil21 ities designated by the Secretary or otherwise established 

22 by law, the Under Secretary for Management shall be re23 sponsible for performing, or delegating responsibility for 

24 performing, the following activities of the Department: 


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

2 of appropriations, expenditures of funds, accounting, 

3 and finance. 

4 ‘‘(2) Acquisition and procurement activities 

5 under section 701(d). 

6 ‘‘(3) Human resources and personnel. 

7 ‘‘(4) Information technology and communica8 tion systems, in consultation with the Under Sec9 retary for Intelligence and Analysis, as appropriate. 

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

11 material resources. 

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

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

16 ‘‘(8) Strategic management planning, annual 

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

21 Code. 

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

23 management programs to ensure proper administra24 tion. 


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

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

6 transition process, to ensure an efficient and orderly 

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

9 ‘‘(A) development of coordinated data 

10 sources and connectivity of information systems 

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

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

15 to uniformly manage and oversee programs, 

16 and make informed decisions to improve the ef17 ficiency of the Department; 

18 ‘‘(C) development of effective program 

19 management and regular oversight mechanisms, 

20 including clear roles and processes for program 

21 governance, sharing of best practices, and ac22 cess to timely, reliable, and analyzed data on all 

23 acquisitions and investments; 

24 ‘‘(D) implementation of mechanisms to 

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1 tion among Department and component chief 

2 officers; 

3 ‘‘(E) integration of financial management 

4 systems within and across the Department to 

5 ensure financial transparency, support daily 

6 operational and financial decisionmaking, and 

7 maintain consecutive unqualified opinions for 

8 all financial statements, including the responsi9 bility to review, approve, and oversee the plan10 ning, design, acquisition, deployment, operation, 

11 maintenance, and modernization of business 

12 systems; 

13 ‘‘(F) integration of human resource man14 agement systems within and across the Depart15 ment to track and record information (including 

16 attrition rates, knowledge, skills, and abilities 

17 critical for workforce planning, identifying cur18 rent and future human capital needs, including 

19 recruitment efforts and improving employee mo20 rale), including the responsibility to review, ap21 prove, and oversee the planning, design, acquisi22 tion, deployment, operation, maintenance, and 

23 modernization of business systems; 

24 ‘‘(G) development of a management inte25 gration strategy for the Department and its 


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1 components to be submitted annually with the 

2 President’s budget to ensure that management 

3 of the Department is strengthened in the areas 

4 of human capital, acquisition, information tech5 nology, and financial management, which shall 

6 include— 

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

8 effectively guide implementation of inter9 operable business systems solutions; 

10 ‘‘(ii) issuance of guidance and action 

11 plans with dates, specific actions, and costs 

12 for implementing management integration 

13 and transformation of common functional 

14 disciplines across the Department and its 

15 components; 

16 ‘‘(iii) specific operational and tactical 

17 goals, activities, and timelines needed to 

18 accomplish the integration effort; 

19 ‘‘(iv) performance measures to mon20 itor and validate corrective measures; 

21 ‘‘(v) efforts to identify resources need22 ed to achieve key actions and outcomes; 

23 ‘‘(vi) other issues impeding manage24 ment integration; 


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1 ‘‘(vii) reporting to the Government 

2 Accountability Office twice annually to 

3 demonstrate measurable, sustainable 

4 progress made in implementing the De5 partment’s corrective action plans and 

6 achieving key outcomes, including regard7 ing— 

8 ‘‘(I) leadership commitment; 

9 ‘‘(II) capacity building; and 

10 ‘‘(III) continuous monitoring to 

11 address Government Accountability 

12 Office designations of programs at 

13 high risk for waste, fraud, and abuse, 

14 including with respect to strength15 ening management functions; 

16 ‘‘(viii) review and approve any major 

17 update to the Department’s strategy re18 lated to management integration and 

19 transformation across functional disciplines 

20 and lines of business, including any busi21 ness systems modernization plans to maxi22 mize benefits and minimize costs for the 

23 Department; and 

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

25 in which a Presidential election is held, the 


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1 development of a transition and succession 

2 plan to guide the transition of Department 

3 functions to a new Presidential administra4 tion, and making such plan available to the 

5 next Secretary and Under Secretary for 

6 Management and to the homeland security 

7 congressional committees. 

8 ‘‘(H) Oversight, including the conduct of 

9 internal audits and management analyses, of 

10 the programs and activities of the Department. 

11 Such supervision includes establishing oversight 

12 procedures to ensure a full and effective review 

13 of the efforts by Department components to im14 plement policies and procedures of the Depart15 ment for management integration and trans16 formation. 

17 ‘‘(I) Any other management duties that 

18 the Secretary may designate.’’. 

19 SEC. 108. CHIEF FINANCIAL OFFICER. 

20 Section 702 of the Homeland Security Act of 2002 

21 (6 U.S.C. 341) is amended by redesignating subsections 

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

23 by inserting after subsection (a) the following: 

24 ‘‘(b) RESPONSIBILITIES.—Notwithstanding sections 

25 901 and 1122 of title 31, United States Code, the Chief 


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1 Financial Officer, in consultation with the Under Sec2 retary for Management and the Under Secretary for Intel3 ligence and Analysis, as appropriate, shall— 

4 ‘‘(1) lead cost-estimating practices for the De5 partment, including the development of the Depart6 ment’s policy on cost estimating and approval of life 

7 cycle cost estimates; 

8 ‘‘(2) oversee coordination with the Office of Pol9 icy on the Department’s long-term strategic plan10 ning to ensure that the development of the Depart11 ment’s budget is compatible with the priorities, stra12 tegic plans, and policies established by the Sec13 retary; 

14 ‘‘(3) develop and oversee the Department’s fi15 nancial management policy; 

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

17 system modernization efforts throughout the Depart18 ment; 

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

21 the Department; 

22 ‘‘(6) lead assessments of internal controls re23 lated to the Department’s financial management sys24 tems and review financial processes to ensure that 


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1 internal controls are designed properly and operate 

2 effectively; 

3 ‘‘(7) lead the Department’s efforts related to fi4 nancial oversight, including identifying ways to 

5 streamline and standardize business processes; 

6 ‘‘(8) lead and provide guidance on performance7 based budgeting practices for the Department to en8 sure that the Department and its components are 

9 meeting missions and goals; 

10 ‘‘(9) ensure that Department components’ sen11 ior financial officers certify that their major acquisi12 tion programs have adequate resources to execute 

13 their programs through the 5-year future years 

14 homeland security program period, so that the De15 partment’s funding requirements for major acquisi16 tion programs match expected resources; 

17 ‘‘(10) ensure that components identify and re18 port all expected costs of acquisition programs to the 

19 Chief Financial Officer of the Department; 

20 ‘‘(11) oversee Department budget formulation 

21 and execution; 

22 ‘‘(12) fully implement a common accounting 

23 structure to be used across the entire Department 

24 by fiscal year 2019; and 


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

2 information on expenditures by components of the 

3 Department for conferences, as appropriate, includ4 ing by requiring each component of the Department 

5 to— 

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

7 Department the expenditures by the component 

8 for each conference hosted or attended by De9 partment employees for which the total expendi10 tures of the Department exceed $20,000, within 

11 15 days after the date of the conference; and 

12 ‘‘(B) with respect to such expenditures, 

13 provide to the Inspector General— 

14 ‘‘(i) the information described in sub15 sections (a), (b), and (c) of section 739 of 

16 Public Law 113–235; and 

17 ‘‘(ii) documentation of such expendi18 tures.’’. 

19 SEC. 109. CHIEF PROCUREMENT OFFICER. 

20 (a) IN GENERAL.—Title VII of the Homeland Secu21 rity Act of 2002 (6 U.S.C. 341 et seq.) is further amended 

22 by adding at the end the following: 

23 ‘‘SEC. 708. CHIEF PROCUREMENT OFFICER. 

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

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


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1 Under Secretary for Management. The Chief Procurement 

2 Officer is the senior procurement executive for purposes 

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

4 shall perform procurement functions as specified in such 

5 section. The Chief Procurement Officer also shall perform 

6 other functions and responsibilities set forth in this section 

7 and as may be assigned by the Under Secretary for Man8 agement. 

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

10 Officer shall— 

11 ‘‘(1) exercise leadership and authority to the ex12 tent delegated by the Under Secretary for Manage13 ment over the Department’s procurement function; 

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

15 as a senior business advisor to agency officials on 

16 acquisition-related matters, including policy and 

17 workforce matters, as determined by the Under Sec18 retary for Management; 

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

20 oversight of Department procurement and con21 tracting functions and be responsible for ensuring 

22 that a procurement’s contracting strategy and plans 

23 are consistent with the intent and direction of the 

24 Acquisition Review Board; 


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

2 industry on procurement-related issues; 

3 ‘‘(5) oversee a centralized certification and 

4 training program, in consultation with the Under 

5 Secretary for Management, for the entire Depart6 ment acquisition workforce while using, to the great7 est extent practicable, best practices and acquisition 

8 training opportunities already in existence within the 

9 Federal Government, the private sector, or univer10 sities and colleges, as appropriate, and including 

11 training on how best to identify actions that warrant 

12 referrals for suspension or debarment; 

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

14 appropriate; 

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

16 reviews of each head of contracting activity of the 

17 Department; 

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

19 establish performance measures on the impact of 

20 strategic sourcing initiatives on the private sector, 

21 including, in particular, small businesses; 

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

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

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

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1 nities for small business participation, and ensure, to 

2 the extent practicable, small businesses that achieve 

3 qualified vendor status for security-related tech4 nologies are provided an opportunity to compete for 

5 contracts for such technology; and 

6 ‘‘(10) conduct oversight of implementation of 

7 administrative agreements to resolve suspension or 

8 debarment proceedings and, upon request, provide 

9 information to the Committee on Homeland Security 

10 of the House of Representatives and the Committee 

11 on Homeland Security and Governmental Affairs of 

12 the Senate about the effectiveness of such agree13 ments at improving contractor responsibility. 

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

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

16 means each official responsible for the creation, manage17 ment, and oversight of a team of procurement profes18 sionals properly trained, certified, and warranted to ac19 complish the acquisition of products and services on behalf 

20 of the designated components, offices, and organizations 

21 of the Department, and as authorized, other government 

22 entities.’’. 

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

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

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

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


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1 SEC. 110. CHIEF INFORMATION OFFICER. 

2 (a) IN GENERAL.—Section 703 of the Homeland Se3 curity Act of 2002 (6 U.S.C. 343) is amended— 

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

5 following: ‘‘In addition to the functions under sec6 tion 3506(a)(2) of title 44, United States Code, the 

7 Chief Information Officer shall perform the func8 tions set forth in this section and such other func9 tions as may be assigned by the Secretary.’’; 

10 (2) by redesignating subsection (b) as sub11 section (e); and 

12 (3) by inserting after subsection (a) the fol13 lowing: 

14 ‘‘(b) RESPONSIBILITIES.—In addition to the func15 tions under section 3506 of title 44, United States Code, 

16 the Chief Information Officer, in consultation with the 

17 Under Secretary for Management, shall— 

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

19 the components of the Department, and other senior 

20 officers in carrying out the responsibilities of the 

21 Department for all activities relating to the budgets, 

22 programs, and operations of the information tech23 nology functions of the Department; 

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


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1 ‘‘(A) exercise leadership and authority over 

2 Department information technology manage3 ment; and 

4 ‘‘(B) establish the information technology 

5 priorities, policies, processes, standards, guide6 lines, and procedures of the Department to en7 sure interoperability and standardization of in8 formation technology; 

9 ‘‘(3) serve as the lead technical authority for in10 formation technology programs; 

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

12 Department’s mission critical and mission essential 

13 information systems, and develop and maintain con14 tingency plans for responding to a disruption in the 

15 operation of any of those information systems; 

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

17 integrity, and availability of data and information 

18 technology of the Department including the security 

19 of the Homeland Security Data Network; 

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

21 the Department, ensure that the Department is in 

22 compliance with subchapter II of chapter 35 of title 

23 44, United States Code; 


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1 ‘‘(7) establish policies and procedures to effec2 tively monitor and manage vulnerabilities in the sup3 ply chain for purchases of information technology; 

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

5 the Department, ensure Department compliance 

6 with Homeland Security Presidential Directive 12; 

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

8 the Department, ensure that information technology 

9 systems of the Department meet the standards es10 tablished under the information sharing environ11 ment, as defined in section 1016 of the Intelligence 

12 Reform and Terrorism Prevention Act of 2004 (6 

13 U.S.C. 485); 

14 ‘‘(10) develop measures to monitor the perform15 ance of Department components’ use and implemen16 tation of information technology systems and con17 sistently monitor such performance to ensure that 

18 such systems are used effectively; 

19 ‘‘(11) ensure that Department components re20 port to the Chief Information Officer of the Depart21 ment a complete inventory of information systems 

22 and fully adhere to Department guidance related to 

23 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 and the Committee on Appropriations of the 

12 House of Representatives and the Committee on Home13 land Security and Governmental Affairs and the Com14 mittee on Appropriations of the Senate on— 

15 ‘‘(1) how the information technology strategic 

16 plans developed under this subsection are used to 

17 help inform the Department’s budget process; 

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

19 priorities specified in the information technology 

20 strategic plans; 

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

22 all information technology strategic plan activities 

23 for a given fiscal year, the rationale as to why cer24 tain activities are not being funded in lieu of higher 

25 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 Reform and Improvement Act of 2015, and 

12 every 2 years thereafter until 2020, the Chief Infor13 mation Officer, in consultation with Department 

14 component chief information officers, shall— 

15 ‘‘(A) conduct a Department-wide 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 ment-wide 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 Department19 wide 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 contractor positions to Federal employee positions, 

5 or relying on the private sector for goods and serv6 ices, including— 

7 ‘‘(A) hiring projections, including occupa8 tion and grade level, as well as corresponding 

9 salaries, benefits, and hiring or retention bo10 nuses; 

11 ‘‘(B) the identification of critical skills re12 quirements over the 5-year period, any current 

13 or anticipated need for critical skills required at 

14 the Department, and the training or other 

15 measures required to address such need; 

16 ‘‘(C) recruitment of qualified candidates 

17 and retention of qualified employees; 

18 ‘‘(D) supervisory and management require19 ments; 

20 ‘‘(E) travel and related personnel support 

21 costs; 

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

23 mission performance associated with replacing 

24 Federal personnel due to their retirement or 

25 other attrition; and 


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1 ‘‘(G) other appropriate factors. 

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

3 provide to the appropriate congressional committees, to4 gether with submission of the annual budget justification, 

5 information on the progress within the Department of ful6 filling the workforce strategies required under subsection 

7 (c).’’. 

8 SEC. 112. CHIEF SECURITY OFFICER. 

9 (a) IN GENERAL.—Title VII of the Homeland Secu10 rity Act of 2002 (6 U.S.C. 341 et seq.), as amended by 

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

12 at the end the following: 

13 ‘‘SEC. 709. CHIEF SECURITY OFFICER. 

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

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

16 Secretary for Management. 

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

18 shall— 

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

20 security policies, programs, and standards; 

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

22 Department personnel on security-related matters; 

23 and 

24 ‘‘(3) provide support to Department compo25 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 inventory of the manage13 ment and administrative expenditures and activities 

14 of the components of the Department and identifies 

15 potential cost savings and efficiencies for those ex16 penditures 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 Customs and Border Pro20 tection officers, Border Patrol agents, Customs and 

21 Border Protection Air and Marine agents, Customs 

22 and Border Protection agriculture specialists, Fed23 eral Protective Service law enforcement security offi24 cers, Immigration and Customs Enforcement agents, 

25 Transportation Security Administration officers, 


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1 Federal air marshals, and members of the Coast 

2 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 co-location of personnel 

12 from different components, offices, and agencies 

13 within the Department. 

14 SEC. 115. RESOURCES TO RESPOND TO OPERATIONAL 

15 SURGES. 

16 On an annual basis, the Secretary of Homeland Secu17 rity shall provide to the Committee on Homeland Security 

18 of the House of Representatives and the Committee on 

19 Homeland Security and Governmental Affairs of the Sen20 ate information on the circumstances in which the Sec21 retary exercised the authority during the preceding year 

22 to reprogram or transfer funds to address unforeseen 

23 costs, including the costs associated with operational 

24 surges, and information on any circumstances in which 

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1 pacted the Secretary’s ability to address such unforeseen 

2 costs. 

3 SEC. 116. DEPARTMENT OF HOMELAND SECURITY ROTA4 TION PROGRAM. 

5 (a) ENHANCEMENTS TO THE ROTATION PROGRAM.— 

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

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

8 (1) In paragraph (1)— 

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

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

11 and inserting ‘‘The’’; and 

12 (B) by striking ‘‘for employees of the De13 partment’’ and inserting ‘‘for certain personnel 

14 within the Department’’. 

15 (2) In paragraph (2)— 

16 (A) by redesignating subparagraphs (A) 

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

18 and inserting before subparagraph (C), as so 

19 redesignated, the following: 

20 ‘‘(A) seek to foster greater Departmental 

21 integration and unity of effort; 

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

23 skills, and abilities of participating personnel 

24 with respect to the Department’s programs, 

25 policies, and activities;’’; 


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1 (B) in subparagraph (D), as so redesig2 nated, by striking ‘‘middle and senior level’’; 

3 and 

4 (C) in subparagraph (G), as so redesig5 nated, by inserting before ‘‘invigorate’’ the fol6 lowing: ‘‘seek to improve morale and retention 

7 throughout the Department and’’. 

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

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

10 clauses (iii) through (vii). 

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

12 paragraphs (5) and (6), and inserting after para13 graph (3) the following: 

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

15 out any program established pursuant to this sec16 tion, the Secretary shall— 

17 ‘‘(A) before selecting employees for partici18 pation in such program, disseminate informa19 tion broadly within the Department about the 

20 availability of the program, qualifications for 

21 participation in the program, including full-time 

22 employment within the employing component or 

23 office not less than one year, and the general 

24 provisions of the program; 


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1 ‘‘(B) require each candidate for participa2 tion in the program to be nominated by the 

3 head of the candidate’s employing component or 

4 office and that the Secretary, or the Secretary’s 

5 designee, select each employee for the program 

6 solely on the basis of relative ability, knowledge, 

7 and skills, after fair and open competition that 

8 assures that all candidates receive equal oppor9 tunity; 

10 ‘‘(C) ensure that each employee partici11 pating in the program shall be entitled to re12 turn, within a reasonable period of time after 

13 the end of the period of participation, to the po14 sition held by the employee, or a corresponding 

15 or higher position, in the employee’s employing 

16 component or office; 

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

18 available to the employee if the employee were 

19 detailed from the employing component or office 

20 to another Federal agency or office remain 

21 available to the employee during the employee 

22 participation in the program; and 

23 ‘‘(E) require that, during the period of 

24 participation by an employee in the program, 

25 performance evaluations for the employee— 


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

2 the employee’s office or component with 

3 input from the supervisors of the employee 

4 at the component or office in which the 

5 employee is placed during that period; and 

6 ‘‘(ii) shall be provided the same 

7 weight with respect to promotions and 

8 other rewards as performance evaluations 

9 for service in the employee’s office or com10 ponent.’’. 

11 (b) CONGRESSIONAL NOTIFICATION AND OVER12 SIGHT.—Not later than 120 days after the date of the en13 actment of this Act, the Secretary of Homeland Security 

14 shall provide information to the Committee on Homeland 

15 Security of the House of Representatives and the Com16 mittee on Homeland Security and Governmental Affairs 

17 of the Senate about the status of the homeland security 

18 rotation program authorized by section 844 of the Home19 land Security Act of 2002, as amended by this section. 

20 TITLE II—DHS ACQUISITION AC21 COUNTABILITY AND EFFI22 CIENCY 

23 SEC. 201. DEFINITIONS. 

24 (a) IN GENERAL.—In this title: 


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

2 the Secretary of Homeland Security. 

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

4 means the Department of Homeland Security. 

5 (3) CONGRESSIONAL HOMELAND SECURITY

6 COMMITTEES.—The term ‘‘congressional homeland 

7 security committees’’ means— 

8 (A) the Committee on Homeland Security 

9 of the House of Representatives and the Com10 mittee on Homeland Security and Govern11 mental Affairs of the Senate; and 

12 (B) the Committee on Appropriations of 

13 the House of Representatives and of the Sen14 ate. 

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

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

17 the meaning provided in section 131 of title 41, 

18 United States Code. 

19 (2) BEST PRACTICES.—The term ‘‘best prac20 tices’’, with respect to acquisition, means a knowl21 edge-based approach to capability development that 

22 includes identifying and validating needs; assessing 

23 alternatives to select the most appropriate solution; 

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1 curing stable funding that matches resources to re2 quirements; demonstrating technology, design, and 

3 manufacturing maturity; using milestones and exit 

4 criteria or specific accomplishments that dem5 onstrate progress; adopting and executing standard6 ized processes with known success across programs; 

7 establishing an adequate workforce that is qualified 

8 and sufficient to perform necessary functions; and 

9 integrating these capabilities into the Department’s 

10 mission and business operations. 

11 (c) AMENDMENTS TO DEFINITIONS IN HOMELAND

12 SECURITY ACT OF 2002.—Section 2 of the Homeland Se13 curity Act of 2002 is amended— 

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

15 IN GENERAL.—In this Act,’’; 

16 (2) in paragraph (2)— 

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

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

19 subparagraph: 

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

21 committees’ means— 

22 ‘‘(i) the Committee on Homeland Security 

23 of the House of Representatives and the Com24 mittee on Homeland Security and Govern25 mental Affairs of the Senate; and 


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1 ‘‘(ii) the Committees on Appropriations of 

2 the House of Representatives and of the Sen3 ate, where appropriate.’’; and 

4 (3) by adding at the end the following new sub5 section: 

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

7 Act, the following definitions apply: 

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

9 the meaning provided in section 131 of title 41, 

10 United States Code. 

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

12 term ‘acquisition decision authority’ means the au13 thority, held by the Secretary acting through the 

14 Deputy Secretary or Under Secretary for Manage15 ment— 

16 ‘‘(A) to ensure compliance with Federal 

17 law, the Federal Acquisition Regulation, and 

18 Department acquisition management directives; 

19 ‘‘(B) to review (including approving, halt20 ing, modifying, or cancelling) an acquisition 

21 program through the life cycle of the program; 

22 ‘‘(C) to ensure that program managers 

23 have the resources necessary to successfully 

24 execute an approved acquisition program; 


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1 ‘‘(D) to ensure good program management 

2 of cost, schedule, risk, and system performance 

3 of the acquisition, including assessing acquisi4 tion program baseline breaches and directing 

5 any corrective action for such breaches; and 

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

7 an ongoing basis, monitor cost, schedule, and 

8 performance against established baselines and 

9 use tools to assess risks to a program at all 

10 phases of the life cycle of the program to avoid 

11 and mitigate acquisition program baseline 

12 breaches. 

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

14 ‘acquisition decision event’, with respect to an in15 vestment or acquisition program, means a predeter16 mined point within the acquisition phases of the in17 vestment or acquisition program at which the invest18 ment or acquisition program will undergo a review 

19 prior to commencement of the next phase. 

20 ‘‘(4) ACQUISITION DECISION MEMORANDUM.— 

21 The term ‘acquisition decision memorandum’, with 

22 respect to an acquisition, means the official acquisi23 tion decision event record that includes a docu24 mented record of decisions, exit criteria, and as25 signed actions for the acquisition as determined by 


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1 the person exercising acquisition decision authority 

2 for the acquisition. 

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

4 term ‘acquisition program baseline’, with respect to 

5 an acquisition program, means a summary of the 

6 cost, schedule, and performance parameters, ex7 pressed in standard, measurable, quantitative terms, 

8 which must be met in order to accomplish the goals 

9 of the program. 

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

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

12 proposed acquisition, means the document that the 

13 Acquisition Review Board approves for the first ac14 quisition decision event related to validating the 

15 need of a proposed acquisition. 

16 ‘‘(7) COMPONENT ACQUISITION EXECUTIVE.— 

17 The term ‘Component Acquisition Executive’ means 

18 the senior acquisition official within a component 

19 who is designated in writing by the Under Secretary 

20 for Management, in consultation with the component 

21 head, with authority and responsibility for leading a 

22 process and staff to provide acquisition and program 

23 management oversight, policy, and guidance to en24 sure that statutory, regulatory, and higher level pol25 icy requirements are fulfilled, including compliance 


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1 with Federal law, the Federal Acquisition Regula2 tion, and Department acquisition management direc3 tives established by the Under Secretary for Man4 agement. 

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

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

7 all costs associated with research, development, pro8 curement, operation, integrated logistics support, 

9 and disposal under the program, including sup10 porting infrastructure that plans, manages, and exe11 cutes the program over its full life, and costs of com12 mon support items incurred as a result of the pro13 gram. 

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

15 ‘major acquisition program’ means a Department 

16 acquisition program that is estimated by the Sec17 retary to require an eventual total expenditure of at 

18 least $300,000,000 (based on fiscal year 2015 con19 stant dollars) over its life cycle cost.’’. 

20 Subtitle A—Acquisition Authorities 

21 SEC. 211. ACQUISITION AUTHORITIES FOR UNDER SEC22 RETARY FOR MANAGEMENT. 

23 Section 701 of the Homeland Security Act of 2002 

24 (6 U.S.C. 341), as amended by section 107 of this Act, 

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


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1 ‘‘(e) ACQUISITION AND RELATED RESPONSIBIL2 ITIES.— 

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

4 1702(b) of title 41, United States Code, the Under 

5 Secretary for Management is the Chief Acquisition 

6 Officer of the Department. As Chief Acquisition Of7 ficer, the Under Secretary shall have the authority 

8 and perform the functions as specified in section 

9 1702(b) of such title, and perform all other func10 tions and responsibilities delegated by the Secretary 

11 or described in this subsection. 

12 ‘‘(2) DUTIES AND RESPONSIBILITIES.—In addi13 tion to the authority and functions specified in sec14 tion 1702(b) of title 41, United States Code, the du15 ties and responsibilities of the Under Secretary for 

16 Management related to acquisition include the fol17 lowing: 

18 ‘‘(A) Advising the Secretary regarding ac19 quisition management activities, taking into ac20 count risks of failure to achieve cost, schedule, 

21 or performance parameters, to ensure that the 

22 Department achieves its mission through the 

23 adoption of widely accepted program manage24 ment best practices and standards. 


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1 ‘‘(B) Exercising the acquisition decision 

2 authority to approve, halt, modify (including 

3 the rescission of approvals of program mile4 stones), or cancel major acquisition programs, 

5 unless the Under Secretary delegates the au6 thority to a Component Acquisition Executive 

7 pursuant to paragraph (3). 

8 ‘‘(C) Establishing policies for acquisition 

9 that implement an approach that takes into ac10 count risks of failure to achieve cost, schedule, 

11 or performance parameters that all components 

12 of the Department shall comply with, including 

13 outlining relevant authorities for program man14 agers to effectively manage acquisition pro15 grams. 

16 ‘‘(D) Ensuring that each major acquisition 

17 program has a Department-approved acquisi18 tion program baseline, pursuant to the Depart19 ment’s acquisition management policy. 

20 ‘‘(E) Ensuring that the heads of compo21 nents and Component Acquisition Executives 

22 comply with Federal law, the Federal Acquisi23 tion Regulation, and Department acquisition 

24 management directives. 


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1 ‘‘(F) Ensuring that grants and financial 

2 assistance are provided only to individuals and 

3 organizations that are not suspended or 

4 debarred. 

5 ‘‘(G) Distributing guidance throughout the 

6 Department to ensure that contractors involved 

7 in acquisitions, particularly companies that ac8 cess the Department’s information systems and 

9 technologies, adhere to internal cybersecurity 

10 policies established by the Department of 

11 Homeland Security. 

12 ‘‘(3) DELEGATION OF ACQUISITION DECISION

13 AUTHORITY.— 

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

15 Secretary for Management may delegate acqui16 sition decision authority in writing to the rel17 evant Component Acquisition Executive for an 

18 acquisition program that has a life cycle cost 

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

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

21 Secretary for Management may delegate acqui22 sition decision authority in writing to the rel23 evant Component Acquisition Executive for a 

24 major acquisition program that has a life cycle 

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


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

2 requirements are met: 

3 ‘‘(i) The component concerned pos4 sesses working policies, processes, and pro5 cedures that are consistent with Depart6 ment-level acquisition policy. 

7 ‘‘(ii) The Component Acquisition Ex8 ecutive has adequate, experienced, dedi9 cated program management professional 

10 staff commensurate with the size of the 

11 delegated portfolio. 

12 ‘‘(iii) Each major acquisition program 

13 concerned has written documentation 

14 showing that it has a Department-ap15 proved acquisition program baseline and it 

16 is meeting agreed-upon cost, schedule, and 

17 performance thresholds. 

18 ‘‘(4) EXCLUDED PARTIES LIST SYSTEM CON19 SULTATION.—The Under Secretary for Management 

20 shall require that all Department contracting and 

21 procurement officials consult the Excluded Parties 

22 List System (or successor system) as maintained by 

23 the General Services Administration prior to award24 ing a contract or grant or entering into other trans25 actions to ascertain whether the selected contractor 


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1 is excluded from receiving Federal contracts, certain 

2 subcontracts, and certain types of Federal financial 

3 and nonfinancial assistance and benefits. 

4 ‘‘(5) RELATIONSHIP TO UNDER SECRETARY

5 FOR SCIENCE AND TECHNOLOGY.— 

6 ‘‘(A) IN GENERAL.—Nothing in this sub7 section shall diminish the authority granted to 

8 the Under Secretary for Science and Tech9 nology under this Act. The Under Secretary for 

10 Management and the Under Secretary for 

11 Science and Technology shall cooperate in mat12 ters related to the coordination of acquisitions 

13 across the Department so that investments of 

14 the Directorate of Science and Technology can 

15 support current and future requirements of the 

16 components. 

17 ‘‘(B) OPERATIONAL TESTING AND EVALUA18 TION.—The Under Secretary for Science and 

19 Technology shall— 

20 ‘‘(i) ensure, in coordination with rel21 evant component heads, that major acqui22 sition programs— 

23 ‘‘(I) complete operational testing 

24 and evaluation of technologies and 

25 systems; 


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1 ‘‘(II) use independent verification 

2 and validation of operational test and 

3 evaluation implementation and re4 sults; and 

5 ‘‘(III) document whether such 

6 programs meet all performance re7 quirements included in their acquisi8 tion program baselines; 

9 ‘‘(ii) ensure that such operational 

10 testing and evaluation includes all system 

11 components and incorporates operators 

12 into the testing to ensure that systems per13 form as intended in the appropriate oper14 ational setting; and 

15 ‘‘(iii) determine if testing conducted 

16 by other Federal agencies and private enti17 ties is relevant and sufficient in deter18 mining whether systems perform as in19 tended in the operational setting.’’. 

20 SEC. 212. ACQUISITION AUTHORITIES FOR CHIEF FINAN21 CIAL OFFICER. 

22 Section 702 of the Homeland Security Act of 2002 

23 (6 U.S.C. 342), as amended by section 108 of this Act, 

24 is further amended by adding at the end of subsection 

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


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1 ‘‘(J) Notwithstanding section 902 of title 

2 31, United States Code, provide leadership over 

3 financial management policy and programs for 

4 the Department as they relate to the Depart5 ment’s acquisitions programs, in consultation 

6 with the Under Secretary for Management.’’. 

7 SEC. 213. ACQUISITION AUTHORITIES FOR CHIEF INFORMA8 TION OFFICER. 

9 Section 703 of the Homeland Security Act of 2002 

10 (6 U.S.C. 343), as amended by section 110(a) of this Act, 

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

12 subsection: 

13 ‘‘(f) ACQUISITION RESPONSIBILITIES.—Notwith14 standing section 11315 of title 40, United States Code, 

15 the acquisition responsibilities of the Chief Information 

16 Officer, in consultation with the Under Secretary for Man17 agement, shall include the following: 

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

19 Security Enterprise Architecture and ensure that, 

20 before each acquisition decision event, approved in21 formation technology acquisitions comply with de22 partmental information technology management 

23 processes, technical requirements, and the Homeland 

24 Security Enterprise Architecture, and in any case in 

25 which information technology acquisitions do not 


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1 comply with the Department’s management direc2 tives, make recommendations to the Acquisition Re3 view Board regarding such noncompliance. 

4 ‘‘(2) Be responsible for providing recommenda5 tions to the Acquisition Review Board established in 

6 section 836 of this Act on information technology 

7 programs, and be responsible for developing infor8 mation technology acquisition strategic guidance.’’. 

9 SEC. 214. REQUIREMENTS TO ENSURE GREATER ACCOUNT10 ABILITY FOR ACQUISITION PROGRAMS. 

11 (a) IN GENERAL.—Title VII of the Homeland Secu12 rity Act of 2002 (6 U.S.C. 341 et seq.), as amended by 

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

14 by adding at the end the following: 

15 ‘‘SEC. 710. REQUIREMENTS TO ENSURE GREATER AC16 COUNTABILITY FOR ACQUISITION PRO17 GRAMS. 

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

19 Within the Management Directorate, the Under Secretary 

20 for Management shall establish a mechanism to prioritize 

21 improving the accountability, standardization, and trans22 parency of major acquisition programs of the Department 

23 in order to increase opportunities for effectiveness and ef24 ficiencies and to serve as the central oversight function 

25 of all Department acquisition programs. 


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1 ‘‘(b) RESPONSIBILITIES OF EXECUTIVE DIREC2 TOR.—The Under Secretary for Management shall des3 ignate an Executive Director to oversee the requirement 

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

5 directly to the Under Secretary and shall carry out the 

6 following responsibilities: 

7 ‘‘(1) Monitor the performance of Department 

8 acquisition programs regularly between acquisition 

9 decision events to identify problems with cost, per10 formance, or schedule that components may need to 

11 address to prevent cost overruns, performance 

12 issues, or schedule delays. 

13 ‘‘(2) Assist the Under Secretary for Manage14 ment in managing the Department’s acquisition 

15 portfolio. 

16 ‘‘(3) Conduct oversight of individual acquisition 

17 programs to implement Department acquisition pro18 gram policy, procedures, and guidance with a pri19 ority on ensuring the data it collects and maintains 

20 from its components is accurate and reliable. 

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

22 for the acquisition life cycle review process and as 

23 the executive secretariat for the Acquisition Review 

24 Board established under section 836 of this Act. 


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1 ‘‘(5) Advise the persons having acquisition deci2 sion authority in making acquisition decisions con3 sistent with all applicable laws and in establishing 

4 clear lines of authority, accountability, and responsi5 bility for acquisition decisionmaking within the De6 partment. 

7 ‘‘(6) Engage in the strategic planning and per8 formance evaluation process required under section 

9 306 of title 5, United States Code, and sections 

10 1105(a)(28), 1115, 1116, and 9703 of title 31, 

11 United States Code, by supporting the Chief Pro12 curement Officer in developing strategies and spe13 cific plans for hiring, training, and professional de14 velopment in order to rectify any deficiency within 

15 the Department’s acquisition workforce. 

16 ‘‘(7) Oversee the Component Acquisition Execu17 tive structure to ensure it has sufficient capabilities 

18 and complies with Department policies. 

19 ‘‘(8) Develop standardized certification stand20 ards in consultation with the Component Acquisition 

21 Executives for all acquisition program managers. 

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

23 certification or actions need review for purposes of 

24 promotion or removal, provide input, in consultation 

25 with the relevant Component Acquisition Executive, 


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1 into the relevant program manager’s performance 

2 evaluation, and report positive or negative experi3 ences to the relevant certifying authority. 

4 ‘‘(10) Provide technical support and assistance 

5 to Department acquisitions and acquisition per6 sonnel in conjunction with the Chief Procurement 

7 Officer. 

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

9 Acquisition Status Report, as required by the De10 partment of Homeland Security Appropriations Act, 

11 2013 (division D of Public Law 113–6; 127 Stat. 

12 343) and section 840 of this Act, and make such re13 port available to congressional homeland security 

14 committees. 

15 ‘‘(12) Prepare the Department’s Quarterly Pro16 gram Accountability Report as required by section 

17 840 of this Act, and make such report available to 

18 the congressional homeland security committees. 

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

20 head of a component shall comply with Federal law, the 

21 Federal Acquisition Regulation, and Department acquisi22 tion management directives established by the Under Sec23 retary for Management. For each major acquisition pro24 gram, each head of a component shall— 


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1 ‘‘(1) define baseline requirements and document 

2 changes to those requirements, as appropriate; 

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

4 with supporting documentation, including an acquisi5 tion program baseline; 

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

7 independent cost estimates, and reconcile any dif8 ferences; 

9 ‘‘(4) complete a cost-benefit analysis with sup10 porting documentation; 

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

12 consistent with scheduling best practices as identi13 fied by the Comptroller General of the United 

14 States, including, in appropriate cases, an integrated 

15 master schedule; and 

16 ‘‘(6) ensure that all acquisition program infor17 mation provided by the component is complete, accu18 rate, timely, and valid. 

19 ‘‘SEC. 711. ACQUISITION DOCUMENTATION. 

20 ‘‘(a) IN GENERAL.—For each major acquisition pro21 gram, the Executive Director responsible for the prepara22 tion of the Comprehensive Acquisition Status Report, pur23 suant to paragraph (11) of section 710(b), shall require 

24 certain acquisition documentation to be submitted by De25 partment components or offices. 


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1 ‘‘(b) WAIVER.—The Secretary may waive the require2 ment for submission under subsection (a) for a program 

3 for a fiscal year if either— 

4 ‘‘(1) the program has not— 

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

6 in the acquisition life cycle; 

7 ‘‘(B) had a reasonable cost estimate estab8 lished; and 

9 ‘‘(C) had a system configuration defined 

10 fully; or 

11 ‘‘(2) the program does not meet the definition 

12 of ‘capital asset’, as defined by the Director of the 

13 Office of Management and Budget. 

14 ‘‘(c) CONGRESSIONAL OVERSIGHT.—At the same 

15 time the President’s budget is submitted for a fiscal year 

16 under section 1105(a) of title 31, United States Code, the 

17 Secretary shall submit to the Committee on Homeland Se18 curity of the House of Representatives and Committee on 

19 Homeland Security and Governmental Affairs of the Sen20 ate information on the exercise of authority under sub21 section (b) in the prior fiscal year that includes the fol22 lowing specific information regarding each program for 

23 which a waiver is issued under subsection (b): 

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

25 program. 


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

2 ‘‘(3) The proportion of a component’s annual 

3 acquisition budget attributed to that program, as 

4 available. 

5 ‘‘(4) Information on the significance of the pro6 gram with respect to the component’s operations and 

7 execution of its mission.’’. 

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

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

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

11 the item relating to section 709 the following new item: 

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

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

12 Subtitle B—Acquisition Program 

13 Management Discipline 

14 SEC. 221. ACQUISITION REVIEW BOARD. 

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

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

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

18 ‘‘SEC. 836. ACQUISITION REVIEW BOARD. 

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

20 Acquisition Review Board (in this section referred to as 

21 the ‘Board’) to strengthen accountability and uniformity 

22 within the Department acquisition review process, review 

23 major acquisition programs, and review the use of best 

24 practices. 


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

2 Secretary for Management shall serve as chair of the 

3 Board. The Secretary shall also ensure participation by 

4 other relevant Department officials, including at least 2 

5 component heads or their designees, as permanent mem6 bers of the Board. 

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

8 a major acquisition program needs authorization to pro9 ceed from acquisition decision events through the acquisi10 tion life cycle and to consider any major acquisition pro11 gram in breach as necessary. The Board may also be con12 vened for non-major acquisitions that are deemed high13 risk by the Executive Director referred to in section 

14 710(b) of this Act. The Board shall also meet regularly 

15 for purposes of ensuring all acquisitions processes proceed 

16 in a timely fashion to achieve mission readiness. 

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

18 Board are as follows: 

19 ‘‘(1) Determine whether a proposed acquisition 

20 has met the requirements of key phases of the acqui21 sition life cycle framework and is able to proceed to 

22 the next phase and eventual full production and de23 ployment. 


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1 ‘‘(2) Oversee executable business strategy, re2 sources, management, accountability, and alignment 

3 to strategic initiatives. 

4 ‘‘(3) Support the person with acquisition deci5 sion authority for an acquisition in determining the 

6 appropriate direction for the acquisition at key ac7 quisition decision events. 

8 ‘‘(4) Conduct systematic reviews of acquisitions 

9 to ensure that they are progressing in compliance 

10 with the approved documents for their current acqui11 sition phase. 

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

13 major acquisition program, including the acquisition 

14 program baseline and documentation reflecting con15 sideration of tradeoffs among cost, schedule, and 

16 performance objectives, to ensure the reliability of 

17 underlying data. 

18 ‘‘(6) Ensure that practices are adopted and im19 plemented to require consideration of trade-offs 

20 among cost, schedule, and performance objectives as 

21 part of the process for developing requirements for 

22 major acquisition programs prior to the initiation of 

23 the second acquisition decision event, including, at a 

24 minimum, the following practices: 


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1 ‘‘(A) Department officials responsible for 

2 acquisition, budget, and cost estimating func3 tions are provided with the appropriate oppor4 tunity to develop estimates and raise cost and 

5 schedule matters before performance objectives 

6 are established for capabilities when feasible. 

7 ‘‘(B) Full consideration of possible trade8 offs among cost, schedule, and performance ob9 jectives for each alternative is considered. 

10 ‘‘(e) ACQUISITION PROGRAM BASELINE REPORT RE11 QUIREMENT.—If the person exercising acquisition decision 

12 authority over a major acquisition program approves the 

13 program to proceed into the planning phase before it has 

14 a Department-approved acquisition program baseline, 

15 then the Under Secretary for Management shall create 

16 and approve an acquisition program baseline report on the 

17 decision, and the Secretary shall— 

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

19 memorandum is signed, notify in writing the con20 gressional homeland security committees of such de21 cision; and 

22 ‘‘(2) within 60 days after the acquisition deci23 sion memorandum is signed, submit a report to such 

24 committees stating the rationale for the decision and 


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1 a plan of action to require an acquisition program 

2 baseline for the program. 

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

4 the term ‘best practices’ has the meaning provided in sec5 tion 4(b) of the DHS Headquarters Reform and Improve6 ment Act of 2015.’’. 

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

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

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

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

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

11 SEC. 222. REQUIREMENTS TO REDUCE DUPLICATION IN AC12 QUISITION PROGRAMS. 

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

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

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

16 section: 

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

18 ACQUISITION PROGRAMS. 

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

20 an effort to reduce unnecessary duplication and ineffi21 ciency for all Department investments, including major ac22 quisition programs, the Deputy Secretary, in consultation 

23 with the Under Secretary for Management, shall establish 

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1 date, and prioritize common component requirements for 

2 major acquisition programs in order to increase opportuni3 ties for effectiveness and efficiencies. The policies shall 

4 also include strategic alternatives for developing and facili5 tating a Department component-driven requirements proc6 ess that includes oversight of a development test and eval7 uation capability; identification of priority gaps and over8 laps in Department capability needs; and provision of fea9 sible technical alternatives, including innovative commer10 cially available alternatives, to meet capability needs. 

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

12 The Under Secretary for Management shall coordinate the 

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

14 mechanisms as considered necessary by the Secretary to 

15 help the Department reduce unnecessary duplication and 

16 inefficiency for all Department investments, including 

17 major acquisition programs. 

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

19 necessary to carry out subsection (a), the Deputy Sec20 retary shall consult with the Under Secretary for Manage21 ment, Component Acquisition Executives, and any other 

22 Department officials, including the Under Secretary for 

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1 bilities to prevent unnecessary duplication of require2 ments. 

3 ‘‘(d) ADVISORS.—The Deputy Secretary, in consulta4 tion with the Under Secretary for Management, shall seek 

5 and consider input within legal and ethical boundaries 

6 from members of Federal, State, local, and tribal govern7 ments, nonprofit organizations, and the private sector, as 

8 appropriate, on matters within their authority and exper9 tise in carrying out the Department’s mission. 

10 ‘‘(e) MEETINGS.—The Deputy Secretary, in consulta11 tion with the Under Secretary for Management, shall meet 

12 at least quarterly and communicate with components often 

13 to ensure that components do not overlap or duplicate 

14 spending or activities on major investments and acquisi15 tion programs within their areas of responsibility. 

16 ‘‘(f) RESPONSIBILITIES.—In carrying out this sec17 tion, the responsibilities of the Deputy Secretary, in con18 sultation with the Under Secretary for Management, are 

19 as follows: 

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

21 documents of major investments and acquisition pro22 grams prior to acquisition decision events of the in23 vestments or programs. 

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

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1 ble, measurable, achievable, at an acceptable risk 

2 level, and match the resources planned to be avail3 able. 

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

5 issues a solicitation for a new contract, coordinate 

6 with other Department entities as appropriate to 

7 prevent unnecessary duplication and inefficiency 

8 and— 

9 ‘‘(A) to implement portfolio reviews to 

10 identify common mission requirements and 

11 crosscutting opportunities among components 

12 to harmonize investments and requirements and 

13 prevent unnecessary overlap and duplication 

14 among components; and 

15 ‘‘(B) to the extent practicable, to stand16 ardize equipment purchases, streamline the ac17 quisition process, improve efficiencies, and con18 duct best practices for strategic sourcing. 

19 ‘‘(4) To ensure program managers of major in20 vestments and acquisition programs conduct anal21 yses, giving particular attention to factors such as 

22 cost, schedule, risk, performance, and operational ef23 ficiency in order to determine that programs work as 

24 intended within cost and budget expectations. 


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

2 operational capability needed to meet each Depart3 ment investment and major acquisition program. 

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

5 the term ‘best practices’ has the meaning provided in sec6 tion 4(b) of the DHS Headquarters Reform and Improve7 ment Act of 2015.’’. 

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

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

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

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

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

12 SEC. 223. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 

13 OF BOARD AND OF REQUIREMENTS TO RE14 DUCE DUPLICATION IN ACQUISITION PRO15 GRAMS. 

16 (a) REVIEW REQUIRED.—The Comptroller General 

17 of the United States shall conduct a review of the effec18 tiveness of the Acquisition Review Board established 

19 under section 836 of the Homeland Security Act of 2002 

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

21 unnecessary duplication in acquisition programs estab22 lished under section 837 of such Act (as added by section 

23 222) in improving the Department’s acquisition manage24 ment process. 


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

2 following: 

3 (1) An assessment of the effectiveness of the 

4 Board in increasing program management oversight, 

5 best practices and standards, and discipline among 

6 the components of the Department, including in 

7 working together and in preventing overlap and un8 necessary duplication. 

9 (2) An assessment of the effectiveness of the 

10 Board in instilling program management discipline. 

11 (3) A statement of how regularly each major 

12 acquisition program is reviewed by the Board, how 

13 often the Board stops major acquisition programs 

14 from moving forward in the phases of the acquisition 

15 life cycle process, and the number of major acquisi16 tion programs that have been halted because of 

17 problems with operational effectiveness, schedule 

18 delays, or cost overruns. 

19 (4) An assessment of the effectiveness of the 

20 Board in impacting acquisition decisionmaking with21 in the Department, including the degree to which 

22 the Board impacts decisionmaking within other 

23 headquarters mechanisms and bodies involved in the 

24 administration of acquisition activities. 


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1 (c) REPORT REQUIRED.—The Comptroller General 

2 shall submit to the congressional homeland security com3 mittees a report on the review required by this section not 

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

5 Act. The report shall be submitted in unclassified form 

6 but may include a classified annex. 

7 SEC. 224. EXCLUDED PARTY LIST SYSTEM WAIVERS. 

8 The Secretary of Homeland Security shall provide no9 tification to the congressional homeland security commit10 tees within 5 days after the issuance of a waiver by the 

11 Secretary of Federal requirements that an agency not en12 gage in business with a contractor in the Excluded Party 

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

14 General Services Administration and an explanation for 

15 a finding by the Secretary that a compelling reason exists 

16 for this action. 

17 SEC. 225. INSPECTOR GENERAL OVERSIGHT OF SUSPEN18 SION AND DEBARMENT. 

19 The Inspector General of the Department of Home20 land Security— 

21 (1) may audit decisions about grant and pro22 curement awards to identify instances where a con23 tract or grant was improperly awarded to a sus24 pended or debarred entity and whether corrective ac25 tions were taken to prevent recurrence; and 


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1 (2) shall review the suspension and debarment 

2 program throughout the Department of Homeland 

3 Security to assess whether suspension and debar4 ment criteria are consistently applied throughout the 

5 Department and whether disparities exist in the ap6 plication of such criteria, particularly with respect to 

7 business size and categories. 

8 Subtitle C—Acquisition Program 

9 Management Accountability and 

10 Transparency 

11 SEC. 231. CONGRESSIONAL NOTIFICATION AND OTHER RE12 QUIREMENTS FOR MAJOR ACQUISITION PRO13 GRAM BREACH. 

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

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

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

17 section: 

18 ‘‘SEC. 838. CONGRESSIONAL NOTIFICATION AND OTHER RE19 QUIREMENTS FOR MAJOR ACQUISITION PRO20 GRAM BREACH. 

21 ‘‘(a) BREACH DEFINED.—The term ‘breach’, with re22 spect to a major acquisition program, means a failure to 

23 meet any cost, schedule, or performance parameter speci24 fied in the acquisition program baseline. 


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1 ‘‘(b) REQUIREMENTS WITHIN DEPARTMENT IF

2 BREACH OCCURS.— 

3 ‘‘(1) NOTIFICATIONS.— 

4 ‘‘(A) NOTIFICATION OF BREACH.—If a 

5 breach occurs in a major acquisition program, 

6 the program manager for that program shall 

7 notify the Component Acquisition Executive for 

8 the program, the head of the component con9 cerned, the Executive Director referred to in 

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

11 for Management, and the Deputy Secretary. 

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

13 major acquisition program has a breach with a 

14 cost overrun greater than 15 percent or a 

15 schedule delay greater than 180 days from the 

16 costs or schedule set forth in the acquisition 

17 program baseline for the program, the Sec18 retary and the Inspector General of the Depart19 ment shall be notified not later than 5 business 

20 days after the breach is identified. 

21 ‘‘(2) REMEDIATION PLAN AND ROOT CAUSE

22 ANALYSIS.— 

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

24 breach with a cost overrun greater than 15 per25 cent or a schedule delay greater than 180 days 


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1 from the costs or schedule set forth in the ac2 quisition program baseline, a remediation plan 

3 and root cause analysis is required, and the 

4 Under Secretary for Management or his des5 ignee shall establish a date for submission with6 in the Department of a breach remediation plan 

7 and root cause analysis in accordance with this 

8 subsection. 

9 ‘‘(B) REMEDIATION PLAN.—The remedi10 ation plan required under this subsection shall 

11 be submitted in writing to the head of the com12 ponent concerned, the Executive Director re13 ferred to in section 710(b) of this Act, and the 

14 Under Secretary for Management. The plan 

15 shall— 

16 ‘‘(i) explain the circumstances of the 

17 breach; 

18 ‘‘(ii) provide prior cost estimating in19 formation; 

20 ‘‘(iii) propose corrective action to con21 trol cost growth, schedule delays, or per22 formance issues; 

23 ‘‘(iv) in coordination with Component 

24 Acquisition Executive, discuss all options 

25 considered, including the estimated impact 


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1 on cost, schedule, or performance of the 

2 program if no changes are made to current 

3 requirements, the estimated cost of the 

4 program if requirements are modified, and 

5 the extent to which funding from other 

6 programs will need to be reduced to cover 

7 the cost growth of the program; and 

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

9 proposed corrective action is recommended. 

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

11 cause analysis required under this subsection 

12 shall determine the underlying cause or causes 

13 of shortcomings in cost, schedule, or perform14 ance of the program, including the role, if any, 

15 of the following: 

16 ‘‘(i) Unrealistic performance expecta17 tions. 

18 ‘‘(ii) Unrealistic baseline estimates for 

19 cost or schedule or changes in program re20 quirements. 

21 ‘‘(iii) Immature technologies or exces22 sive manufacturing or integration risk. 

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1 tion issues arising during program per2 formance. 

3 ‘‘(v) Changes in procurement quan4 tities. 

5 ‘‘(vi) Inadequate program funding or 

6 changes in planned out-year funding from 

7 1 5-year funding plan to the next 5-year 

8 funding plan as outlined in the Future 

9 Years Homeland Security Program re10 quired under section 874 of this Act. 

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

12 changes. 

13 ‘‘(viii) Inadequate program manage14 ment personnel, including lack of training, 

15 credentials, certifications, or use of best 

16 practices. 

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

18 Secretary for Management or his designee shall es19 tablish a date for submission within the Department 

20 of a program of corrective action that ensures that 

21 1 of the following actions has occurred: 

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

23 the program is again in compliance with the 

24 original acquisition program baseline param25 eters. 


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1 ‘‘(B) A revised acquisition program base2 line has been approved. 

3 ‘‘(C) The program has been halted or can4 celled. 

5 ‘‘(c) REQUIREMENTS RELATING TO CONGRESSIONAL

6 NOTIFICATION IF BREACH OCCURS.— 

7 ‘‘(1) NOTIFICATION TO CONGRESS.—If a notifi8 cation is made under subsection (b)(1)(B) for a 

9 breach in a major acquisition program with a cost 

10 overrun greater than 15 percent or a schedule delay 

11 greater than 180 days from the costs or schedule set 

12 forth in the acquisition program baseline, or with an 

13 anticipated failure for any key performance thresh14 old or parameter specified in the acquisition pro15 gram baseline, the Under Secretary for Management 

16 shall notify the congressional homeland security 

17 committees of the breach in the next quarterly Com18 prehensive Acquisition Status Report after the 

19 Under Secretary for Management receives the notifi20 cation from the program manager under subsection 

21 (b)(1)(B). 

22 ‘‘(2) SUBSTANTIAL VARIANCES IN COSTS OR

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

24 20 percent or a likely delay is greater than 12 

25 months from the costs and schedule set forth in the 


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1 acquisition program baseline for a major acquisition 

2 program, the Under Secretary for Management shall 

3 include in the notification required in (c)(1) a writ4 ten certification, with supporting explanation, that— 

5 ‘‘(A) the acquisition is essential to the ac6 complishment of the Department’s mission; 

7 ‘‘(B) there are no alternatives to such ca8 pability or asset that will provide equal or 

9 greater capability in both a more cost-effective 

10 and timely manner; 

11 ‘‘(C) the new acquisition schedule and esti12 mates for total acquisition cost are reasonable; 

13 and 

14 ‘‘(D) the management structure for the ac15 quisition program is adequate to manage and 

16 control performance, cost, and schedule. 

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

18 than 30 calendar days after submission to such com19 mittees of a breach notification under paragraph (1) 

20 of this section for a major acquisition program, the 

21 Under Secretary for Management shall submit to 

22 such committees the following: 

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

24 the root cause analysis prepared under sub25 section (b)(2) for the program. 


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1 ‘‘(B) A statement describing the corrective 

2 action or actions that have occurred pursuant 

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

4 justification for the action or actions. 

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

6 ‘‘(1) PROHIBITION ON OBLIGATION OF

7 FUNDS.—During the 90-day period following sub8 mission under subsection (c)(3) of a remediation 

9 plan, root cause analysis, and statement of corrective 

10 actions with respect to a major acquisition program, 

11 the Under Secretary for Management shall submit a 

12 certification described in paragraph (2) of this sub13 section to the congressional homeland security com14 mittees. If the Under Secretary for Management 

15 does not submit such certification by the end of such 

16 90-day period, then funds appropriated to the major 

17 acquisition program shall not be obligated until the 

18 Under Secretary for Management submits such cer19 tification. 

20 ‘‘(2) CERTIFICATION.—For purposes of para21 graph (1), the certification described in this para22 graph is a certification that— 

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1 dresses the root cause or causes of the cost 

2 growth in the program; and 

3 ‘‘(B) the Department has conducted a 

4 thorough review of the breached program’s ac5 quisition decision event approvals and the cur6 rent acquisition decision event approval for the 

7 breached program has been adjusted as nec8 essary to account for the restructured pro9 gram.’’. 

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

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

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

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

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

14 SEC. 232. MULTIYEAR ACQUISITION STRATEGY. 

15 (a) IN GENERAL.— 

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

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

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

19 following new section: 

20 ‘‘SEC. 839. MULTIYEAR ACQUISITION STRATEGY. 

21 ‘‘(a) MULTIYEAR ACQUISITION STRATEGY RE22 QUIRED.—Not later than 1 year after the date of the en23 actment of this section, the Secretary shall submit to the 

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1 quisition strategy to guide the overall direction of the ac2 quisitions of the Department while allowing flexibility to 

3 deal with ever-changing threats and risks and to help in4 dustry better understand, plan, and align resources to 

5 meet the future acquisition needs of the Department. The 

6 strategy shall be updated and included in each Future 

7 Years Homeland Security Program required under section 

8 874 of this Act. 

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

10 the Secretary shall consult with others as the Secretary 

11 deems appropriate, including headquarters, components, 

12 employees in the field, and when appropriate, individuals 

13 from industry and the academic community. 

14 ‘‘(c) FORM OF STRATEGY.—The report shall be sub15 mitted in unclassified form but may include a classified 

16 annex for any sensitive or classified information if nec17 essary. The Department also shall publish the plan in an 

18 unclassified format that is publicly available. 

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

20 include the following: 

21 ‘‘(1) PRIORITIZED LIST.—A systematic and in22 tegrated prioritized list developed by the Under Sec23 retary for Management or his designee in coordina24 tion with all of the Component Acquisition Execu25 tives of Department major acquisition programs that 


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1 Department and component acquisition investments 

2 seek to address, that includes the expected security 

3 and economic benefit of the program or system and 

4 an analysis of how the security and economic benefit 

5 derived from the program or system will be meas6 ured. 

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

8 Department-wide inventory of investments and real 

9 property assets to help the Department plan, budg10 et, schedule, and acquire upgrades of its systems 

11 and equipment and plan for the acquisition and 

12 management of future systems and equipment. 

13 ‘‘(3) FUNDING GAPS.—A plan to address fund14 ing gaps between funding requirements for major ac15 quisition programs and known available resources in16 cluding, to the maximum extent practicable, ways of 

17 leveraging best practices to identify and eliminate 

18 overpayment for items to prevent wasteful pur19 chasing, achieve the greatest level of efficiency and 

20 cost savings by rationalizing purchases, aligning 

21 pricing for similar items, and utilizing purchase tim22 ing and economies of scale. 

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

24 identification of test, evaluation, modeling, and sim25 ulation capabilities that will be required to support 


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1 the acquisition of the technologies to meet the needs 

2 of the plan and ways to leverage to the greatest ex3 tent possible the emerging technology trends and re4 search and development trends within the public and 

5 private sectors and an identification of ways to en6 sure that the appropriate technology is acquired and 

7 integrated into the Department’s operating doctrine 

8 and procured in ways that improve mission perform9 ance. 

10 ‘‘(5) FOCUS ON FLEXIBLE SOLUTIONS.—An as11 sessment of ways the Department can improve its 

12 ability to test and acquire innovative solutions to 

13 allow needed incentives and protections for appro14 priate risk-taking in order to meet its acquisition 

15 needs with resiliency, agility, and responsiveness to 

16 assure the Nation’s homeland security and facilitate 

17 trade. 

18 ‘‘(6) FOCUS ON INCENTIVES TO SAVE TAX19 PAYER DOLLARS.—An assessment of ways the De20 partment can develop incentives for program man21 agers and senior Department acquisition officials to 

22 prevent cost overruns, avoid schedule delays, and 

23 achieve cost savings in major acquisition programs. 

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

25 PROTESTS.—An assessment of ways the Department 


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1 can improve the acquisition process to minimize cost 

2 overruns in requirements development, procurement 

3 announcements, requests for proposals, evaluation of 

4 proposals, protests of decisions and awards and 

5 through the use of best practices as defined in sec6 tion 4(b) of the DHS Headquarters Reform and Im7 provement Act of 2015 and lessons learned by the 

8 Department and other Federal agencies. 

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

10 identification and assessment of ways to increase op11 portunities for communication and collaboration with 

12 industry, small and disadvantaged businesses, intra13 government entities, university centers of excellence, 

14 accredited certification and standards development 

15 organizations, and national laboratories to ensure 

16 that the Department understands the market for 

17 technologies, products, and innovation that is avail18 able to meet its mission needs to inform the require19 ments-setting process and before engaging in an ac20 quisition, including— 

21 ‘‘(A) methods designed especially to engage 

22 small and disadvantaged businesses and a cost23 benefit analysis of the tradeoffs that small and 

24 disadvantaged businesses provide, barriers to 

25 entry for small and disadvantaged businesses, 


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1 and unique requirements for small and dis2 advantaged businesses; and 

3 ‘‘(B) within the Department Vendor Com4 munication Plan and Market Research Guide, 

5 instructions for interaction by program man6 agers with such entities to prevent misinter7 pretation of acquisition regulations and to per8 mit freedom within legal and ethical boundaries 

9 for program managers to interact with such 

10 businesses with transparency. 

11 ‘‘(9) COMPETITION.—A plan regarding competi12 tion as described in subsection (e). 

13 ‘‘(10) ACQUISITION WORKFORCE.—A plan re14 garding the Department acquisition workforce as de15 scribed in subsection (f). 

16 ‘‘(11) FEASIBILITY OF WORKFORCE DEVELOP17 MENT FUND PILOT PROGRAM.—An assessment of 

18 the feasibility of conducting a pilot program to es19 tablish an acquisition workforce development fund as 

20 described in subsection (g). 

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

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

23 address actions to ensure competition, or the option of 

24 competition, for major acquisition programs. The plan 


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1 may include assessments of the following measures in ap2 propriate cases if such measures are cost effective: 

3 ‘‘(1) Competitive prototyping. 

4 ‘‘(2) Dual-sourcing. 

5 ‘‘(3) Unbundling of contracts. 

6 ‘‘(4) Funding of next-generation prototype sys7 tems or subsystems. 

8 ‘‘(5) Use of modular, open architectures to en9 able competition for upgrades. 

10 ‘‘(6) Acquisition of complete technical data 

11 packages. 

12 ‘‘(7) Periodic competitions for subsystem up13 grades. 

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

15 small businesses. 

16 ‘‘(9) Periodic system or program reviews to ad17 dress long-term competitive effects of program deci18 sions. 

19 ‘‘(f) ACQUISITION WORKFORCE PLAN.— 

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

21 shall also include a plan (referred to in subsection 

22 (d)(10)) to address Department acquisition work23 force accountability and talent management that 

24 identifies the acquisition workforce needs of each 

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1 velops options for filling those needs with qualified 

2 individuals, including a cost-benefit analysis of con3 tracting for acquisition assistance. 

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

5 acquisition workforce plan shall address ways to— 

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

7 training, and retention of Department acquisi8 tion workforce personnel, including contracting 

9 officer’s representatives, in order to retain high10 ly qualified individuals that have experience in 

11 the acquisition life cycle, complex procurements, 

12 and management of large programs; 

13 ‘‘(B) empower program managers to have 

14 the authority to manage their programs in an 

15 accountable and transparent manner as they 

16 work with the acquisition workforce; 

17 ‘‘(C) prevent duplication within Depart18 ment acquisition workforce training and certifi19 cation requirements through leveraging already20 existing training within the Federal Govern21 ment, academic community, or private industry; 

22 ‘‘(D) achieve integration and consistency 

23 with Government-wide training and accredita24 tion standards, acquisition training tools, and 

25 training facilities; 


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1 ‘‘(E) designate the acquisition positions 

2 that will be necessary to support the Depart3 ment acquisition requirements, including in the 

4 fields of— 

5 ‘‘(i) program management; 

6 ‘‘(ii) systems engineering; 

7 ‘‘(iii) procurement, including con8 tracting; 

9 ‘‘(iv) test and evaluation; 

10 ‘‘(v) life cycle logistics; 

11 ‘‘(vi) cost estimating and program fi12 nancial management; and 

13 ‘‘(vii) additional disciplines appro14 priate to Department mission needs; 

15 ‘‘(F) strengthen the performance of con16 tracting officer’s representatives (as defined in 

17 subpart 1.602–2 and subpart 2.101 of the Fed18 eral Acquisition Regulation), including by— 

19 ‘‘(i) assessing the extent to which con20 tracting officer’s representatives are cer21 tified and receive training that is appro22 priate; 

23 ‘‘(ii) determining what training is 

24 most effective with respect to the type and 

25 complexity of assignment; and 


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1 ‘‘(iii) implementing actions to improve 

2 training based on such assessment; and 

3 ‘‘(G) identify ways to increase training for 

4 relevant investigators and auditors to examine 

5 fraud in major acquisition programs, including 

6 identifying opportunities to leverage existing 

7 Government and private sector resources in co8 ordination with the Inspector General of the 

9 Department. 

10 ‘‘(g) FEASIBILITY OF WORKFORCE DEVELOPMENT

11 FUND PILOT PROGRAM.—The strategy shall also include 

12 an assessment (referred to in subsection (d)(11)) of the 

13 feasibility of conducting a pilot program to establish a 

14 Homeland Security Acquisition Workforce Development 

15 Fund (in this subsection referred to as the ‘Fund’) to en16 sure the Department acquisition workforce has the capac17 ity, in both personnel and skills, needed to properly per18 form its mission and ensure that the Department receives 

19 the best value for the expenditure of public resources. The 

20 assessment shall address the following: 

21 ‘‘(1) Ways to fund the Fund, including the use 

22 of direct appropriations, or the credit, transfer, or 

23 deposit of unobligated or unused funds from Depart24 ment components into the Fund to remain available 

25 for obligation in the fiscal year for which credited, 


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1 transferred, or deposited and to remain available for 

2 successive fiscal years. 

3 ‘‘(2) Ways to reward the Department acquisi4 tion workforce and program managers for good pro5 gram management in controlling cost growth, lim6 iting schedule delays, and ensuring operational effec7 tiveness through providing a percentage of the sav8 ings or general acquisition bonuses. 

9 ‘‘(3) Guidance for the administration of the 

10 Fund that includes provisions to do the following: 

11 ‘‘(A) Describe the costs and benefits asso12 ciated with the use of direct appropriations or 

13 credit, transfer, or deposit of unobligated or un14 used funds to finance the Fund. 

15 ‘‘(B) Describe the manner and timing for 

16 applications for amounts in the Fund to be sub17 mitted. 

18 ‘‘(C) Explain the evaluation criteria to be 

19 used for approving or prioritizing applications 

20 for amounts in the Fund in any fiscal year. 

21 ‘‘(D) Explain the mechanism to report to 

22 Congress on the implementation of the Fund on 

23 an ongoing basis. 

24 ‘‘(E) Detail measurable performance 

25 metrics to determine if the Fund is meeting the 


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1 objective to improve the acquisition workforce 

2 and to achieve cost savings in acquisition man3 agement.’’. 

4 (2) CLERICAL AMENDMENT.—The table of con5 tents in section 1(b) of the Homeland Security Act 

6 of 2002 (6 U.S.C. 101 et seq.) is further amended 

7 by adding after the item relating to section 838 the 

8 following new item: 

‘‘Sec. 839. Multiyear acquisition strategy.’’. 

9 (b) CONFORMING AMENDMENT TO FUTURE YEARS

10 HOMELAND SECURITY PROGRAM.—Section 874(b) of the 

11 Homeland Security Act of 2002 (6 U.S.C. 454(b)) is 

12 amended— 

13 (1) by striking ‘‘and’’ at the end of paragraph 

14 (2); 

15 (2) by striking the period at the end of para16 graph (3) and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following new 

18 paragraph: 

19 ‘‘(4) include the multiyear acquisition strategy 

20 required under section 839 of this Act.’’. 

21 SEC. 233. ACQUISITION REPORTS. 

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

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

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

25 section: 


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1 ‘‘SEC. 840. ACQUISITION REPORTS. 

2 ‘‘(a) COMPREHENSIVE ACQUISITION STATUS RE3 PORT.— 

4 ‘‘(1) IN GENERAL.—The Under Secretary for 

5 Management each year shall submit to the congres6 sional homeland security committees, at the same 

7 time as the President’s budget is submitted for a fis8 cal year under section 1105(a) of title 31, United 

9 States Code, a comprehensive acquisition status re10 port. The report shall include the following: 

11 ‘‘(A) The information required under the 

12 heading ‘Office of the Under Secretary for 

13 Management’ under title I of division D of the 

14 Consolidated Appropriations Act, 2012 (Public 

15 Law 112–74) (as required under the Depart16 ment of Homeland Security Appropriations Act, 

17 2013 (Public Law 113–6)). 

18 ‘‘(B) A listing of programs that have been 

19 cancelled, modified, paused, or referred to the 

20 Under Secretary for Management or Deputy 

21 Secretary for additional oversight or action by 

22 the Board, Department Office of Inspector 

23 General, or the Comptroller General. 

24 ‘‘(C) A listing of established Executive 

25 Steering Committees, which provide governance 

26 of a program or related set of programs and 


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1 lower-tiered oversight, and support between ac2 quisition decision events and component re3 views, including the mission and membership 

4 for each. 

5 ‘‘(2) INFORMATION FOR MAJOR ACQUISITION

6 PROGRAMS.—For each major acquisition program, 

7 the report shall include the following: 

8 ‘‘(A) A narrative description, including 

9 current gaps and shortfalls, the capabilities to 

10 be fielded, and the number of planned incre11 ments or units. 

12 ‘‘(B) Acquisition Review Board (or other 

13 board designated to review the acquisition) sta14 tus of each acquisition, including the current 

15 acquisition phase, the date of the last review, 

16 and a listing of the required documents that 

17 have been reviewed with the dates reviewed or 

18 approved. 

19 ‘‘(C) The most current, approved acquisi20 tion program baseline (including project sched21 ules and events). 

22 ‘‘(D) A comparison of the original acquisi23 tion program baseline, the current acquisition 

24 program baseline, and the current estimate. 


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1 ‘‘(E) Whether or not an independent 

2 verification and validation has been imple3 mented, with an explanation for the decision 

4 and a summary of any findings. 

5 ‘‘(F) A rating of cost risk, schedule risk, 

6 and technical risk associated with the program 

7 (including narrative descriptions and mitigation 

8 actions). 

9 ‘‘(G) Contract status (including earned 

10 value management data as applicable). 

11 ‘‘(H) A lifecycle cost of the acquisition, 

12 and time basis for the estimate. 

13 ‘‘(3) UPDATES.—The Under Secretary shall 

14 submit quarterly updates to such report not later 

15 than 45 days after the completion of each quarter. 

16 ‘‘(b) QUARTERLY PROGRAM ACCOUNTABILITY RE17 PORT.—The Under Secretary for Management shall pre18 pare a quarterly program accountability report to meet the 

19 Department’s mandate to perform program health assess20 ments and improve program execution and governance. 

21 The report shall be submitted to the congressional home22 land security committees.’’. 

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

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


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

2 the item relating to section 839 the following new item: 

‘‘Sec. 840. Acquisition reports.’’. 

3 SEC. 234. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 

4 OF MULTIYEAR ACQUISITION STRATEGY. 

5 (a) REVIEW REQUIRED.—After submission to Con6 gress of the first multiyear acquisition strategy (pursuant 

7 to section 839 of the Homeland Security Act of 2002) 

8 after the date of the enactment of this Act, the Comp9 troller General of the United States shall conduct a review 

10 of the plan within 180 days to analyze the viability of the 

11 plan’s effectiveness in the following: 

12 (1) Complying with the requirements in section 

13 839 of the Homeland Security Act of 2002, as 

14 added by section 232 of this Act. 

15 (2) Establishing clear connections between De16 partment objectives and acquisition priorities. 

17 (3) Demonstrating that Department acquisition 

18 policy reflects program management best practices 

19 and standards. 

20 (4) Ensuring competition or the option of com21 petition for major acquisition programs. 

22 (5) Considering potential cost savings through 

23 using already-existing technologies when developing 

24 acquisition program requirements. 


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1 (6) Preventing duplication within Department 

2 acquisition workforce training requirements through 

3 leveraging already-existing training within the Fed4 eral Government, academic community, or private 

5 industry. 

6 (7) Providing incentives for program managers 

7 to reduce acquisition and procurement costs through 

8 the use of best practices and disciplined program 

9 management. 

10 (8) Maximizing small business utilization in ac11 quisitions by, to the maximum extent practicable, 

12 ensuring strategic sourcing vehicles seek to increase 

13 participation by small businesses, including small 

14 and disadvantaged business. 

15 (9) Assessing the feasibility of conducting a 

16 pilot program to establish a Homeland Security Ac17 quisition Workforce Development Fund. 

18 (b) REPORT REQUIRED.—The Comptroller General 

19 shall submit to the congressional homeland security com20 mittees a report on the review required by this section. 

21 The report shall be submitted in unclassified form but 

22 may include a classified annex. 

23 SEC. 235. OFFICE OF INSPECTOR GENERAL REPORT. 

24 (a) REVIEW REQUIRED.—No later than 2 years fol25 lowing the submission of the report submitted by the 


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1 Comptroller General of the United States as required by 

2 section 234, the Department’s Inspector General shall 

3 conduct a review of whether the Department has complied 

4 with the multiyear acquisition strategy (pursuant to sec5 tion 839 of the Homeland Security Act of 2002) and ad6 hered to the strategies set forth in the plan. The review 

7 shall also consider whether the Department has complied 

8 with the requirements to provide the Acquisition Review 

9 Board with a capability development plan for each major 

10 acquisition program. 

11 (b) REPORT REQUIRED.—The Inspector General 

12 shall submit to the congressional homeland security com13 mittees a report of the review required by this section. The 

14 report shall be submitted in unclassified form but may in15 clude a classified annex. 

Passed the House of Representatives October 20, 

2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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