‘‘SEC. 704. CHIEF HUMAN CAPITAL OFFICER. 
‘‘The Chief Human Capital Officer appointed under 
section 103(d)(3) shall report to the Secretary, or to any 
other official of the Department, as the Secretary may di-
rect. The Chief Human Capital Officer—
‘‘(1) shall assess the ability of Department per-
sonnel to fulfill the Department’s missions, and 
oversee the implementation of effective recruitment 
and retention efforts across the Department; 
‘‘(2) shall ensure that all employees of the De-
partment are informed of their rights and remedies 
under chapters 12 and 23 of title 5, United States 
Code, by—
‘‘(A) participating in the 2302(c) Certifi-
cation Program of the Office of Special Coun-
sel; 
‘‘(B) achieving certification from the Office 
of Special Counsel of the Department’s compli-
ance with section 2302(c) of title 5, United 
States Code; and 
‘‘(C) informing the Congress of such cer-
tification not later than 24 months after the 
date of enactment of this paragraph; and 
‘‘(3) shall perform such other functions as may 
be required by law or prescribed by the Secretary.’’.
(e) ABOLISHMENT OF UNDER SECRETARY FOR MAN-
AGEMENT.—
(1) ABOLISHMENT.—Section 103(a) of the 
Homeland Security Act of 2002 (6 U.S.C. 113(a)) 
is amended by striking paragraph (7), and by redes-
ignating paragraphs (8) and (9) as paragraph (7) 
and (8), respectively. 
(2) 
CONTINUED
SERVICE.—Notwithstanding 
the amendment made by subsection (a), an indi-
vidual serving as Under Secretary for Management 
of the Department of Homeland Security imme-
diately before the enactment of this Act may con-
tinue to serve in such role at the discretion of the 
Secretary of Homeland Security. 
(f) BASIC PAY RATES.—Section 5315 of title 5, 
United States Code, is amended by inserting after the 
item relating to Chief Information Officer, Department of 
Homeland Security, the following: ‘‘Chief Acquisition Offi-
cer, Department of Homeland Security.’’. 
SEC. 702. ADDITIONAL BUDGET-RELATED SUBMISSION. 
(a) IN GENERAL.—Beginning in fiscal year 2006, 
and annually thereafter, the Secretary of Homeland Secu-
rity shall submit to the Congress budget request informa-
tion for the Department of Homeland Security’s informa-
tion technology-related spending that is organized by di-
rectorate and by Department-wide critical mission area, 
including the integration of information technology sys-
tems to improve departmental operations, management, 
and information sharing. 
(b) SUBMISSION.—The Secretary shall submit the in-
formation under subsection (a) at the same time as the 
submission of the President’s annual budget request to the 
Congress. 
SEC. 703. CONGRESSIONAL NOTIFICATION REQUIREMENTS. 
(a) IN GENERAL.—Title I of the Homeland Security 
Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 
104. 
CONGRESSIONAL 
NOTIFICATION 
REQUIRE-
MENTS. 
‘‘(a) IN GENERAL.—The Secretary shall keep each 
appropriate congressional committee fully and currently 
informed of the Department’s activities, including any sig-
nificant initiative of any directorate, office, or component 
of the Department, and any significant failure or material 
delay in implementing any initiative for which notification 
is required by this subsection. 
‘‘(b) COPIES OF AGREEMENTS, MEMORANDA, AND 
OTHER
INSTRUMENTS.—The Secretary shall provide 
promptly to each appropriate congressional committee a 
copy of any agreement, memorandum, or other instrument
that creates or evidences any obligation that is binding 
on the Department with respect to any other Federal, 
State, or local department, agency, or other entity, or to 
any private sector entity, excluding grants, contracts or 
cooperative agreements. 
‘‘(c) UNCLASSIFIED VERSIONS OF CLASSIFIED NOTI-
FICATIONS.—
‘‘(1) IN
GENERAL.—(A) The Secretary may 
submit any notification required under this section 
in classified form, if that is necessary in order to 
provide the information required by this section. 
‘‘(B) In carrying out subparagraph (A), the 
Secretary may submit any classified notification by 
delivering it to the premises of any committee of the 
House of Representatives or the Senate that the 
Speaker of the House or President of the Senate, 
has determined to have storage facilities appropriate 
for classified material of such type. 
‘‘(2) UNCLASSIFIED NOTIFICATION.—When the 
Secretary submits a classified notification pursuant 
to paragraph (1), the Secretary shall provide to each 
appropriate congressional committee, at the same 
time the Secretary provides any classified notifica-
tion to such committees under this section, a notifi-
cation in an unclassified form containing as much of
the substance of such classified notification as can 
be provided in an unclassified format. 
‘‘(3) PROMPT SUBMISSION.—If providing a no-
tification in an unclassified form under paragraph 
(2) would delay the Secretary’s submission of the 
notification, the Secretary shall submit the unclassi-
fied notification required by paragraph (2) as soon 
as practicable after submission of the classified noti-
fication to which it relates. 
‘‘(d) SENSE OF CONGRESS.—Notwithstanding the re-
quirements of subsections (a) through (c), it is the sense 
of the Congress that senior officials of the Department 
should routinely consult with the appropriate congres-
sional committees prior to adopting any significant initia-
tive to implement the statutory responsibilities of the De-
partment. 
‘‘(e) SIGNIFICANT INITIATIVE DEFINED.—As used in 
this section, the term ‘significant initiative’—
‘‘(1) means any new or largely unprecedented 
program, activity, or system of the Department or 
any significant expansion of an existing program, ac-
tivity, or system, that implements any of the Depart-
ment’s responsibilities under this Act or any other 
legally binding mandate; and