622 
‘‘(1) perform regular evaluations of the Home-
land Security Rotation Program; and 
‘‘(2) not later than 90 days after the end of each 
fiscal year, submit to the Secretary a report detailing 
the findings of the evaluations under paragraph (1) 
during that fiscal year, which shall include— 
‘‘(A) an analysis of the extent to which the 
program meets the goals under subsection (b); 
‘‘(B) feedback from participants in the pro-
gram, including the extent to which rotations 
have enhanced their performance in their current 
role and opportunities to improve the program; 
‘‘(C) aggregated information about program 
participants; and 
‘‘(D) a discussion of how rotations can be 
aligned with the needs of the Department with 
respect to employee training and mission 
needs.’’. 
(b) 
CONGRESSIONAL
NOTIFICATION
AND
OVER-
SIGHT.—Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
provide to the Committee on Homeland Security and the 
Permanent Select Committee on Intelligence of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs and the Select Committee 
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on Intelligence of the Senate information about the status 
of the Homeland Security Rotation Program authorized by 
section 844 of the Homeland Security Act of 2002, as 
amended by subsection (a) of this section. 
SEC. 1113. FUTURE YEARS HOMELAND SECURITY PROGRAM. 
(a) IN GENERAL.—Section 874 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 454) is amended— 
(1) in the section heading, by striking ‘‘YEAR’’ 
and inserting ‘‘YEARS’’; 
(2) by striking subsection (a) and inserting the 
following: 
‘‘(a) IN GENERAL.—Not later than 60 days after the 
date on which the budget of the President is submitted to 
Congress under section 1105(a) of title 31, United States 
Code, the Secretary shall submit to the Committee on Home-
land Security and Governmental Affairs of the Senate and 
the Committee on Homeland Security of the House of Rep-
resentatives (referred to in this section as the ‘appropriate 
committees’) a Future Years Homeland Security Program 
that covers the fiscal year for which the budget is submitted 
and the 4 succeeding fiscal years.’’; and 
(3) by striking subsection (c) and inserting the 
following new subsections: 
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‘‘(c) PROJECTION OF ACQUISITION ESTIMATES.—On 
and after February 1, 2019, each Future Years Homeland 
Security Program shall project— 
‘‘(1) acquisition estimates for the fiscal year for 
which the budget is submitted and the 4 succeeding 
fiscal years, with specified estimates for each fiscal 
year, for all major acquisitions by the Department 
and each component of the Department; and 
‘‘(2) estimated annual deployment schedules for 
all physical asset major acquisitions over the 5-fiscal- 
year period described in paragraph (1), estimated 
costs and number of service contracts, and the full op-
erating capability for all information technology 
major acquisitions. 
‘‘(d) SENSITIVE AND CLASSIFIED INFORMATION.—The 
Secretary may include with each Future Years Homeland 
Security Program a classified or other appropriately con-
trolled document containing information required to be sub-
mitted under this section that is restricted from public dis-
closure in accordance with Federal law or Executive order. 
‘‘(e) AVAILABILITY OF INFORMATION TO THE PUB-
LIC.—The Secretary shall make available to the public in 
electronic form the information required to be submitted to 
the appropriate committees under this section, other than 
information described in subsection (d).’’. 
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(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public 
Law 107–296; 116 Stat. 2135) is amended by striking the 
item relating to section 874 and inserting the following: 
‘‘Sec. 874. Future Years Homeland Security Program.’’. 
SEC. 1114. FIELD EFFICIENCIES PLAN. 
(a) IN GENERAL.—Not later than 270 days after the 
date of enactment of this Act, the Secretary of Homeland 
Security shall submit to the Committee on Homeland Secu-
rity and the Committee on Transportation and Infrastruc-
ture of the House of Representatives and Committee on 
Homeland Security and Governmental Affairs of the Senate 
a field efficiencies plan that— 
(1) examines the facilities and administrative 
and logistics functions of components of the Depart-
ment of Homeland Security located within designated 
geographic areas; and 
(2) provides specific recommendations and an 
associated cost-benefit analysis for the consolidation of 
the facilities and administrative and logistics func-
tions of components of the Department of Homeland 
Security within each designated geographic area. 
(b) CONTENTS.—The field efficiencies plan submitted 
under subsection (a) shall include the following: 
(1) An accounting of leases held by the Depart-
ment of Homeland Security or the components of the 
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Department of Homeland Security that have expired 
in the current fiscal year or will be expiring in the 
next fiscal year, that have begun or been renewed in 
the current fiscal year, or that the Department of 
Homeland Security or the components of the Depart-
ment of Homeland Security plan to sign or renew in 
the next fiscal year. 
(2) For each designated geographic area: 
(A) An evaluation of specific facilities at 
which components, or operational entities of 
components, of the Department of Homeland Se-
curity may be closed or consolidated, including 
consideration of when leases expire or facilities 
owned by the Government become available. 
(B) An evaluation of potential consolidation 
with facilities of other Federal, State, or local 
entities, including— 
(i) offices; 
(ii) warehouses; 
(iii) training centers; 
(iv) housing; 
(v) ports, shore facilities, and airfields; 
(vi) laboratories; 
(vii) continuity of government facili-
ties; and 
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(viii) other assets as determined by the 
Secretary. 
(C) An evaluation of the potential for the 
consolidation of administrative and logistics 
functions, including— 
(i) facility maintenance; 
(ii) fleet vehicle services; 
(iii) mail handling and shipping and 
receiving; 
(iv) facility security; 
(v) procurement of goods and services; 
(vi) information technology and tele-
communications services and support; and 
(vii) additional ways to improve unity 
of effort and cost savings for field operations 
and related support activities as determined 
by the Secretary. 
(3) An implementation plan, including— 
(A) near-term actions that can co-locate, 
consolidate, or dispose of property within 24 
months; 
(B) identifying long-term occupancy agree-
ments or leases that cannot be changed without 
a significant cost to the Government; and 
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(C) how the Department of Homeland Secu-
rity can ensure it has the capacity, in both per-
sonnel and funds, needed to cover up-front costs 
to achieve consolidation and efficiencies. 
(4) An accounting of any consolidation of the 
real estate footprint of the Department or any compo-
nent of the Department, including the co-location of 
personnel from different components, offices, and 
agencies within the Department. 
SEC. 1115. MANAGEMENT. 
(a) SUBMISSION TO CONGRESS OF INFORMATION RE-
GARDING REPROGRAMMING OR TRANSFER OF DEPARTMENT 
OF HOMELAND SECURITY RESOURCES TO RESPOND TO 
OPERATIONAL SURGES.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.), as amended by sec-
tion 1108, is amended by adding at the end the following: 
‘‘SEC. 711. ANNUAL SUBMITTAL TO CONGRESS OF INFORMA-
TION ON REPROGRAMMING OR TRANSFERS 
OF FUNDS TO RESPOND TO OPERATIONAL 
SURGES. 
‘‘For each fiscal year until fiscal year 2023, the Sec-
retary shall provide to the Committee on Homeland Secu-
rity of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
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ate, together with the annual budget request for the Depart-
ment, information on— 
‘‘(1) any circumstance during the fiscal year 
covered by the report in which the Secretary exercised 
the authority to reprogram or transfer funds to ad-
dress unforeseen costs, including costs associated with 
operational surges; and 
‘‘(2) any circumstance in which any limitation 
on the transfer or reprogramming of funds affected 
the ability of the Secretary to address such unforeseen 
costs.’’. 
(b) LONG TERM REAL PROPERTY STRATEGIES.—Title 
VII of the Homeland Security Act of 2002 (6 U.S.C. 341 
et seq.), as amended by subsection (a), is amended by add-
ing at the end the following: 
‘‘SEC. 712. CHIEF FACILITIES AND LOGISTICS OFFICER. 
‘‘(a) IN GENERAL.—There is a Chief Facilities and Lo-
gistics Officer of the Department who shall report directly 
to the Under Secretary for Management. The Chief Facili-
ties and Logistics Officer shall be career reserved for a mem-
ber of the senior executive service. 
‘‘(b) RESPONSIBILITIES.—The Chief Facilities and Lo-
gistics Officer shall— 
‘‘(1) develop policies and procedures and provide 
program oversight to manage real property, facilities, 
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environmental and energy programs, personal prop-
erty, mobile assets, equipment, and other material re-
sources of the Department; 
‘‘(2) manage and execute, in consultation with 
the component heads, mission support services within 
the National Capital Region for real property, facili-
ties, environmental and energy programs, and other 
common headquarters and field activities for the De-
partment; and 
‘‘(3) provide tactical and transactional services 
for the Department in the National Capital Region, 
including transportation, facility operations, and 
maintenance. 
‘‘SEC. 713. LONG TERM REAL PROPERTY STRATEGIES. 
‘‘(a) IN GENERAL.— 
‘‘(1) FIRST STRATEGY.—Not later than 180 days 
after the date of enactment of this section, the Under 
Secretary for Management, in consultation with the 
Administrator of General Services, shall develop an 
initial 5-year regional real property strategy for the 
Department that covers the 5-fiscal-year period imme-
diately following such date of enactment. Such strat-
egy shall be geographically organized, as designated 
by the Under Secretary for Management. 
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‘‘(2) SECOND
STRATEGY.—Not later than the 
first day of the fourth fiscal year covered by the first 
strategy under paragraph (1), the Under Secretary 
for Management, in consultation with the Adminis-
trator of General Services, shall develop a second 5- 
year real property strategy for the Department that 
covers the 5 fiscal years immediately following the 
conclusion of the first strategy. 
‘‘(b) REQUIREMENTS.— 
‘‘(1) INITIAL
STRATEGY.—The initial 5-year 
strategy developed in accordance with subsection 
(a)(1) shall— 
‘‘(A) identify opportunities to consolidate 
real property, optimize the usage of Federal as-
sets, and decrease the number of commercial 
leases and square footage within the Depart-
ment’s real property portfolio; 
‘‘(B) provide alternate housing and consoli-
dation plans to increase efficiency through joint 
use of Department spaces while decreasing the 
cost of leased space; 
‘‘(C) concentrate on geographical areas with 
a significant Department presence, as identified 
by the Under Secretary for Management; 
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‘‘(D) examine the establishment of central 
Department locations in each such geographical 
region and the co-location of Department compo-
nents based on the mission sets and responsibil-
ities of such components; 
‘‘(E) identify opportunities to reduce over-
head costs through co-location or consolidation of 
real property interests or mission support activi-
ties, such as shared mail screening and proc-
essing, centralized transportation and shuttle 
services, regional transit benefit programs, com-
mon contracting for custodial and other services, 
and leveraging strategic sourcing contracts and 
sharing of specialized facilities, such as training 
facilities and resources; 
‘‘(F) manage the current Department Work-
space Standard for Office Space in accordance 
with the Department office workspace design 
process to develop the most efficient and effective 
spaces within the workspace standard usable 
square foot ranges for all leased for office space 
entered into on or after the date of the enactment 
of this section, including the renewal of any 
leases for office space existing as of such date; 
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‘‘(G) define, based on square footage, what 
constitutes a major real property acquisition; 
‘‘(H) prioritize actions to be taken to im-
prove the operations and management of the De-
partment’s real property inventory, based on 
life-cycle cost estimations, in consultation with 
component heads; 
‘‘(I) include information on the head-
quarters consolidation project of the Department, 
including— 
‘‘(i) an updated list of the components 
and offices to be included in the project; 
‘‘(ii) a comprehensive assessment of the 
current and future real property required 
by the Department at the site; and 
‘‘(iii) updated cost and schedule esti-
mates; and 
‘‘(J) include any additional information de-
termined appropriate or relevant by the Under 
Secretary for Management. 
‘‘(2) SECOND
STRATEGY.—The second 5-year 
strategy developed in accordance with subsection 
(a)(2) shall include information required in subpara-
graphs (A), (B), (C), (E), (F), (G), (H), (I), and (J) 
of paragraph (1) and information on the effectiveness 
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of implementation efforts pursuant to the Depart-
ment-wide policy required in accordance with sub-
section (c), including— 
‘‘(A) the impact of such implementation on 
departmental operations and costs; and 
‘‘(B) the degree to which the Department es-
tablished central Department locations and co-lo-
cated Department components pursuant to the 
results of the examination required by paragraph 
(1)(D). 
‘‘(c) IMPLEMENTATION POLICIES.—Not later than 90 
days after the development of each of the regional real prop-
erty strategies developed in accordance with subsection (a), 
the Under Secretary for Management shall develop or up-
date, as applicable, a Department-wide policy imple-
menting such strategies. 
‘‘(d) CERTIFICATIONS.—Subject to subsection (g)(3), 
the implementation policies developed pursuant to sub-
section (c) shall require component heads to certify to the 
Under Secretary for Management that such heads have com-
plied with the requirements specified in subsection (b) before 
making any major real property decision or recommenda-
tion, as defined by the Under Secretary, including matters 
related to new leased space, renewing any existing leases, 
or agreeing to extend or newly occupy any Federal space 
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or new construction, in accordance with the applicable re-
gional real property strategy developed in accordance with 
subsection (a). 
‘‘(e) UNDERUTILIZED SPACE.— 
‘‘(1) IN GENERAL.—The implementation policies 
developed pursuant to subsection (c) shall require 
component heads, acting through regional property 
managers under subsection (f), to annually report to 
the Under Secretary for Management on underutilized 
space and identify space that may be made available 
for use, as applicable, by other components or Federal 
agencies. 
‘‘(2) EXCEPTION.—The Under Secretary for 
Management may grant an exception to the work-
space standard usable square foot ranges described in 
subsection (b)(1)(F) for specific office locations at 
which a reduction or elimination of otherwise under-
utilized space would negatively impact a component’s 
ability to execute its mission based on readiness per-
formance measures or would increase the cost of such 
space. 
‘‘(3) UNDERUTILIZED SPACE DEFINED.—In this 
subsection, the term ‘underutilized space’ means any 
space with respect to which utilization is greater than 
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the workplace standard usable square foot ranges de-
scribed in subsection (b)(1)(F). 
‘‘(f) COMPONENT RESPONSIBILITIES.— 
‘‘(1) REGIONAL
PROPERTY
MANAGERS.—Each 
component head shall identify a senior career em-
ployee of each such component for each geographic re-
gion included in the regional real property strategies 
developed in accordance with subsection (a) to serve 
as each such component’s regional property manager. 
Each such regional property manager shall serve as 
a single point of contact for Department headquarters 
and other Department components for all real prop-
erty matters relating to each such component within 
the region in which each such component is located, 
and provide data and any other support necessary for 
the Department of Homeland Security Regional Mis-
sion Support Coordinator strategic asset and portfolio 
planning and execution. 
‘‘(2) DATA.—Regional property managers under 
paragraph (1) shall provide annually to the Under 
Secretary for Management, via a standardized and 
centralized system, data on each component’s real 
property holdings, as specified by the Undersecretary 
for Management, including relating to underutilized 
space under subsection (e) (as such term is defined in 
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such subsection), total square footage leased, annual 
cost, and total number of staff, for each geographic re-
gion included in the regional real property strategies 
developed in accordance with subsection (a). 
‘‘(g) ONGOING OVERSIGHT.— 
‘‘(1) IN
GENERAL.—The Under Secretary for 
Management shall monitor components’ adherence to 
the regional real property strategies developed in ac-
cordance with subsection (a) and the implementation 
policies developed pursuant to subsection (c). 
‘‘(2) ANNUAL REVIEW.—The Under Secretary for 
Management shall annually review the data sub-
mitted pursuant to subsection (f)(2) to ensure all un-
derutilized space (as such term is defined in sub-
section (e)) is properly identified. 
‘‘(3) CERTIFICATION REVIEW.—The Under Sec-
retary for Management shall review, and if appro-
priate, approve, component certifications under sub-
section (d) before such components may make any 
major real property decision, including matters re-
lated to new leased space, renewing any existing 
leases, or agreeing to extend or newly occupy any 
Federal space or new construction, in accordance with 
the applicable regional real property strategy devel-
oped in accordance with subsection (a). 
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‘‘(4) CONGRESSIONAL
REPORTING.—The Under 
Secretary for Management shall annually provide in-
formation to the Committee on Homeland Security 
and the Committee on Transportation and Infrastruc-
ture of the House of Representatives, the Committee 
on Homeland Security and Governmental Affairs of 
the Senate, and the Inspector General of the Depart-
ment on the real property portfolio of the Depart-
ment, including information relating to the following: 
‘‘(A) A summary of the Department’s real 
property holdings in each region described in the 
regional strategies developed in accordance with 
subsection (a), and for each such property, infor-
mation including the total square footage leased, 
the total cost, the total number of staff at each 
such property, and the square foot per person 
utilization rate for office space (and whether or 
not it conforms with the workspace standard us-
able square foot ranges established described in 
subsection (b)(1)(F)). 
‘‘(B) An accounting of all underutilized 
space (as such term is defined in subsection (e)). 
‘‘(C) An accounting of all instances in 
which the Department or its components consoli-
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dated their real property holdings or co-located 
with another entity within the Department. 
‘‘(D) A list of all certifications provided 
pursuant to subsection (d) and all such certifi-
cations approved pursuant to paragraph (3) of 
this subsection. 
‘‘(5) INSPECTOR
GENERAL
REVIEW.—Not later 
than 120 days after the last day of the fifth fiscal 
year covered in each of the initial and second regional 
real property strategies developed in accordance with 
subsection (a), the Inspector General of the Depart-
ment shall review the information submitted pursuant 
to paragraph (4) and issue findings regarding the ef-
fectiveness of the implementation of the Department- 
wide policy and oversight efforts of the management 
of real property facilities, personal property, mobile 
assets, equipment and the Department’s other mate-
rial resources as required under this section.’’. 
(c) REPORTING.—The Secretary of Homeland Security 
shall submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate copies of 
the regional strategies developed in accordance with section 
713(a) of the Homeland Security Act of 2002, as added by 
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this Act, not later than 90 days after the date of the develop-
ment of each such strategy. 
(d) RULES OF CONSTRUCTION.—Nothing in this Act 
or an amendment made by this Act shall be construed to 
effect, modify, or supersede— 
(1) the responsibility of agencies for management 
of their real property holdings pursuant to title 40 of 
the United States Code; or 
(2) the reporting requirements included in the 
Department of Homeland Security Headquarters 
Consolidation Accountability Act of 2015 (Public 
Law 114–150; 130 Stat. 366). 
(e) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public 
Law 107–296; 116 Stat. 2135), as amended by section 1108, 
is amended by inserting after the item relating to section 
710 the following: 
‘‘Sec. 711. Annual submittal to Congress of information on reprogramming or 
transfers of funds to respond to operational surges. 
‘‘Sec. 712. Chief Facilities and Logistics Officer. 
‘‘Sec. 713. Long term real property strategies.’’. 
SEC. 1116. REPORT TO CONGRESS ON COST SAVINGS AND 
EFFICIENCY. 
(a) IN GENERAL.—Not later than 2 years after the 
date of the enactment of this Act, the Secretary of Homeland 
Security shall submit to the congressional homeland secu-
rity committees (as defined in section 2 of the Homeland 
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Security Act of 2002, as amended by this Act) a report that 
includes each of the following: 
(1) A detailed accounting of the management 
and administrative expenditures and activities of 
each component of the Department of Homeland Se-
curity 
and 
identifies 
potential 
cost 
savings, 
avoidances, and efficiencies for those expenditures and 
activities. 
(2) An examination of major physical assets of 
the Department of Homeland Security, as defined by 
the Secretary of Homeland Security. 
(3) A review of the size, experience level, and geo-
graphic distribution of the operational personnel of 
the Department of Homeland Security. 
(4) Recommendations for adjustments in the 
management and administration of the Department 
of Homeland Security that would reduce deficiencies 
in the capabilities of the Department of Homeland 
Security, reduce costs, and enhance efficiencies. 
(b) FORM OF REPORT.—The report required under 
subsection (a) shall be submitted in unclassified form, but 
may include a classified annex. 
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SEC. 1117. COUNTERING WEAPONS OF MASS DESTRUCTION 
OFFICE. 
(a) IN GENERAL.—Title XIX of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 591 et seq.) is amended— 
(1) in the title heading, by striking ‘‘DOMES-
TIC NUCLEAR DETECTION OFFICE’’ and 
inserting 
‘‘COUNTERING WEAPONS OF 
MASS DESTRUCTION OFFICE’’; 
(2) by striking section 1901 and inserting the 
following: 
‘‘SEC. 1900. DEFINITIONS. 
‘‘In this title: 
‘‘(1) ASSISTANT SECRETARY.—The term ‘Assist-
ant Secretary’ means the Assistant Secretary for the 
Countering Weapons of Mass Destruction Office. 
‘‘(2) OFFICE.—The term ‘Office’ means the 
Countering Weapons of Mass Destruction Office estab-
lished under section 1901(a). 
‘‘(3) WEAPON OF MASS DESTRUCTION.—The term 
‘weapon of mass destruction’ has the meaning given 
the term in section 101 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801). 
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‘‘Subtitle A—Countering Weapons of 
Mass Destruction Office’’; 
‘‘SEC. 1901. COUNTERING WEAPONS OF MASS DESTRUCTION 
OFFICE. 
‘‘(a) ESTABLISHMENT.—There is established in the De-
partment a Countering Weapons of Mass Destruction Of-
fice. 
‘‘(b) ASSISTANT SECRETARY.—The Office shall be 
headed by an Assistant Secretary for the Countering Weap-
ons of Mass Destruction Office, who shall be appointed by 
the President. 
‘‘(c) RESPONSIBILITIES.—The Assistant Secretary 
shall serve as the Secretary’s principal advisor on— 
‘‘(1) weapons of mass destruction matters and 
strategies; and 
‘‘(2) coordinating the efforts to counter weapons 
of mass destruction.’’; 
(3) by adding at the end the following: 
‘‘Subtitle B—Mission of the Office 
‘‘SEC. 1921. MISSION OF THE OFFICE. 
‘‘The Office shall be responsible for coordinating with 
other Federal efforts and developing departmental strategy 
and policy to plan, detect, or protect against the importa-
tion, possession, storage, transportation, development, or 
use of unauthorized chemical, biological, radiological, or 
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644 
nuclear materials, devices, or agents, in the United States 
and to protect against an attack using such materials, de-
vices, or agents against the people, territory, or interests 
of the United States. 
‘‘SEC. 1922. RELATIONSHIP TO OTHER DEPARTMENT ENTI-
TIES AND FEDERAL AGENCIES. 
‘‘(a) IN GENERAL.—The authority of the Assistant 
Secretary under this title shall neither affect nor diminish 
the authority or the responsibility of any officer of the De-
partment or of any officer of any other department or agen-
cy of the United States with respect to the command, con-
trol, or direction of the functions, personnel, funds, assets, 
and liabilities of any entity within the Department or any 
Federal department or agency. 
‘‘(b) FEDERAL EMERGENCY MANAGEMENT AGENCY.— 
Nothing in this title or any other provision of law may 
be construed to affect or reduce the responsibilities of the 
Federal Emergency Management Agency or the Adminis-
trator of the Agency, including the diversion of any asset, 
function, or mission of the Agency or the Administrator of 
the Agency.’’; 
(4) by striking section 1905; 
(5) by redesignating sections 1902, 1903, 1904, 
1906, and 1907 as sections 1923, 1924, 1925, 1926, 
and 1927, respectively, and transferring such sections 
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645 
to appear after section 1922, as added by paragraph 
(3); 
(6) in section 1923, as so redesignated— 
(A) in the section heading by striking 
‘‘MISSION
OF
OFFICE’’ and inserting ‘‘RE-
SPONSIBILITIES’’; and 
(B) in subsection (a)(11), by striking ‘‘Do-
mestic Nuclear Detection Office’’ and inserting 
‘‘Countering Weapons of Mass Destruction Of-
fice’’; 
(7) in section 1925(a), as so redesignated, by 
striking ‘‘section 1902’’ and inserting ‘‘section 1923’’; 
(8) in section 1926, as so redesignated— 
(A) by striking ‘‘section 1902(a)’’ each place 
it appears and inserting ‘‘section 1923(a)’’; and 
(B) in the matter preceding paragraph (1), 
by striking ‘‘Director for Domestic Nuclear De-
tection’’ and inserting ‘‘Assistant Secretary for 
the Countering Weapons of Mass Destruction Of-
fice’’; and 
(9) in section 1927, as so redesignated— 
(A) in subsection (a)(1)(C), in the matter 
preceding clause (i), by striking ‘‘Director of the 
Domestic Nuclear Detection Office’’ and insert-
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646 
ing ‘‘Assistant Secretary for the Countering 
Weapons of Mass Destruction Office’’; and 
(B) in subsection (c), by striking ‘‘section 
1902’’ and inserting ‘‘section 1923’’. 
(b) REFERENCES AND CONSTRUCTION.— 
(1) IN GENERAL.—Any reference in law, regula-
tion, document, paper, or other record of the United 
States to— 
(A) the Domestic Nuclear Detection Office 
shall be deemed to be a reference to the Coun-
tering Weapons of Mass Destruction Office; and 
(B) the Director for Domestic Nuclear De-
tection shall be deemed to be a reference to the 
Assistant Secretary for the Countering Weapons 
of Mass Destruction Office. 
(2) 
CONSTRUCTION.—Sections 
1923 
through 
1927 of the Homeland Security Act of 2002, as so re-
designated by subsection (a), shall be construed to 
cover the chemical and biological responsibilities of 
the Assistant Secretary for the Countering Weapons of 
Mass Destruction Office. 
(3) AUTHORITY.—The authority of the Director 
of the Domestic Nuclear Detection Office to make 
grants is transferred to the Assistant Secretary for the 
Countering Weapons of Mass Destruction, and such 
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647 
authority shall be construed to include grants for all 
purposes of title XIX of the Homeland Security Act 
of 2002, as amended by this Act. 
(c) CHIEF MEDICAL OFFICER.— 
(1) REPEAL.—Title V of the Homeland Security 
Act of 2002 (6 U.S.C. 311 et seq.) is amended by 
striking section 516. 
(2) AMENDMENT.—Title XIX of the Homeland 
Security Act of 2002 (6 U.S.C. 591 et seq.), as 
amended by subsection (a), is amended by adding at 
the end the following: 
‘‘Subtitle C—Chief Medical Officer 
‘‘SEC. 1931. CHIEF MEDICAL OFFICER. 
‘‘(a) IN GENERAL.—There is in the Department a 
Chief Medical Officer, who shall be appointed by the Sec-
retary. The Chief Medical Officer shall report to the Assist-
ant Secretary. 
‘‘(b) QUALIFICATIONS.—The individual appointed as 
Chief Medical Officer shall be a licensed physician pos-
sessing a demonstrated ability in and knowledge of medi-
cine and public health. 
‘‘(c) RESPONSIBILITIES.—The Chief Medical Officer 
shall have the responsibility within the Department for 
medical issues related to natural disasters, acts of terrorism, 
and other man-made disasters including— 
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648 
‘‘(1) serving as the principal advisor to the Sec-
retary, the Assistant Secretary, and other Department 
officials on medical and public health issues; 
‘‘(2) providing operational medical support to 
all components of the Department; 
‘‘(3) as appropriate provide medical liaisons to 
the components of the Department, on a reimbursable 
basis, to provide subject matter expertise on oper-
ational medical issues; 
‘‘(4) coordinating with State, local, and tribal 
governments, the medical community, and others 
within and outside the Department, including the De-
partment of Health and Human Services Centers for 
Disease Control, with respect to medical and public 
health matters; and 
‘‘(5) performing such other duties relating to 
such responsibilities as the Secretary may require.’’. 
(3) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of the Homeland Security Act of 
2002 (Public Law 107–296; 116 Stat. 2135) is 
amended by striking the item relating to section 516. 
(d) WORKFORCE HEALTH AND MEDICAL SUPPORT.— 
(1) IN GENERAL.—Title VII of the Homeland Se-
curity Act of 2002 (6 U.S.C. 341 et seq.), as amended 
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649 
by section 1115, is amended by adding at the end the 
following: 
‘‘SEC. 714. WORKFORCE HEALTH AND MEDICAL SUPPORT. 
‘‘(a) IN GENERAL.—The Under Secretary for Manage-
ment shall be responsible for workforce-focused health and 
medical activities of the Department. The Under Secretary 
for Management may further delegate these responsibilities 
as appropriate. 
‘‘(b) RESPONSIBILITIES.—The Under Secretary for 
Management, in coordination with the Chief Medical Offi-
cer, shall— 
‘‘(1) provide oversight and coordinate the med-
ical and health activities of the Department for the 
human and animal personnel of the Department; 
‘‘(2) establish medical, health, veterinary, and 
occupational health exposure policy, guidance, strate-
gies, and initiatives for the human and animal per-
sonnel of the Department; 
‘‘(3) as deemed appropriate by the Under Sec-
retary, provide medical liaisons to the components of 
the Department, on a reimbursable basis, to provide 
subject matter expertise on occupational medical and 
public health issues; 
‘‘(4) serve as the primary representative for the 
Department on agreements regarding the detail of De-
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650 
partment of Health and Human Services Public 
Health Service Commissioned Corps Officers to the 
Department, except that components and offices of the 
Department shall retain authority for funding, deter-
mination of specific duties, and supervision of Com-
missioned Corps officers detailed to a Department 
component; and 
‘‘(5) perform such other duties relating to such 
responsibilities as the Secretary may require.’’. 
(e) TRANSFERS; ABOLISHMENT.— 
(1) TRANSFERS.—The Secretary of Homeland 
Security shall transfer— 
(A) to the Countering Weapons of Mass De-
struction Office all functions, personnel, budget 
authority, and assets of— 
(i) the Domestic Nuclear Detection Of-
fice, as in existence on the day before the 
date of enactment of this Act; and 
(ii) the Office of Health Affairs, as in 
existence on the day before the date of enact-
ment of this Act, other than the functions, 
personnel, budget authority, and assets of 
such office necessary to perform the func-
tions of section 714 of the Homeland Secu-
rity Act of 2002, as added by this Act; and 
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651 
(B) to the Directorate of Management all 
functions, personnel, budget authority, and assets 
of the Office of Health Affairs, as in existence on 
the day before the date of enactment of this Act, 
that are necessary to perform the functions of 
section 714 of the Homeland Security Act of 
2002, as added by this Act. 
(2) ABOLISHMENT.—Upon completion of all 
transfers pursuant to paragraph (1)— 
(A) the Domestic Nuclear Detection Office of 
the Department of Homeland Security and the 
Office of Health Affairs of the Department of 
Homeland Security are abolished; 
(B) the positions of Assistant Secretary for 
Health Affairs and Director for Domestic Nu-
clear Detection are abolished. 
(f) CONFORMING AMENDMENTS.— 
(1) OTHER
OFFICERS.—Section 103(d) of the 
Homeland Security Act of 2002 (6 U.S.C. 113(d)) is 
amended— 
(A) by striking paragraph (4); and 
(B) by redesignating paragraph (5) as 
paragraph (4). 
(2) NATIONAL
BIOSURVEILLANCE
INTEGRATION 
CENTER.—Section 316(a) of the Homeland Security 
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652 
Act of 2002 (6 U.S.C. 195b(a)) is amended by strik-
ing ‘‘Secretary shall’’ and inserting ‘‘Secretary, act-
ing through the Assistant Secretary for the Coun-
tering Weapons of Mass Destruction Office, shall’’. 
(3) 
INTERNATIONAL
COOPERATION.—Section 
317(f) of the Homeland Security Act of 2002 (6 
U.S.C. 195c(f)) is amended by striking ‘‘the Chief 
Medical Officer,’’ and inserting ‘‘the Assistant Sec-
retary for the Countering Weapons of Mass Destruc-
tion Office,’’. 
(4) FUNCTIONS TRANSFERRED.—Section 505(b) 
of the Homeland Security Act of 2002 (6 U.S.C. 
315(b)) is amended— 
(A) by striking paragraph (4); 
(B) by redesignating paragraph (5) as 
paragraph (4); and 
(C) in paragraph (4), as so redesignated, by 
striking ‘‘through (4)’’ and inserting ‘‘through 
(3)’’. 
(5) COORDINATION OF DEPARTMENT OF HOME-
LAND SECURITY EFFORTS RELATED TO FOOD, AGRI-
CULTURE, AND VETERINARY DEFENSE AGAINST TER-
RORISM.—Section 528(a) of the Homeland Security 
Act of 2002 (6 U.S.C. 321q(a)) is amended by strik-
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653 
ing ‘‘Health Affairs,’’ and inserting ‘‘the Countering 
Weapons of Mass Destruction Office,’’. 
(g) DEPARTMENT OF HOMELAND SECURITY CHEM-
ICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR ACTIVI-
TIES.—Not later than 1 year after the date of enactment 
of this Act and once every year thereafter, the Secretary 
of Homeland Security shall provide a briefing and report 
to the appropriate congressional committees (as defined in 
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
101) on— 
(1) the organization and management of the 
chemical, biological, radiological, and nuclear activi-
ties of the Department of Homeland Security, includ-
ing research and development activities, and the loca-
tion of each activity under the organizational struc-
ture of the Countering Weapons of Mass Destruction 
Office; 
(2) a comprehensive inventory of chemical, bio-
logical, radiological, and nuclear activities, including 
research and development activities, of the Depart-
ment of Homeland Security, highlighting areas of col-
laboration between components, coordination with 
other agencies, and the effectiveness and accomplish-
ments of consolidated chemical, biological, radio-
logical, and nuclear activities of the Department of 
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654 
Homeland Security, including research and develop-
ment activities; 
(3) information relating to how the organiza-
tional structure of the Countering Weapons of Mass 
Destruction Office will enhance the development of 
chemical, biological, radiological, and nuclear prior-
ities and capabilities across the Department of Home-
land Security; 
(4) a discussion of any resulting cost savings 
and efficiencies gained through activities described in 
paragraphs (1) and (2); and 
(5) recommendations for any necessary statutory 
changes, or, if no statutory changes are necessary, an 
explanation of why no statutory or organizational 
changes are necessary. 
(h) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public 
Law 107–296; 116 Stat. 2135), as amended by subsection 
(b), is amended— 
(1) by inserting after the item relating to section 
713 the following: 
‘‘Sec. 714. Workforce health and medical support.’’; 
and 
(2) by striking the item relating to title XIX (in-
cluding items relating to section 1901 through section 
1907) and inserting the following: 
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655 
‘‘TITLE XIX—COUNTERING WEAPONS OF MASS DESTRUCTION 
OFFICE 
‘‘Sec. 1900. Definitions. 
‘‘Subtitle A—Countering Weapons of Mass Destruction Office 
‘‘Sec. 1901. Countering Weapons of Mass Destruction Office. 
‘‘Subtitle B—Mission of the Office 
‘‘Sec. 1921. Mission of the Office. 
‘‘Sec. 1922. Relationship to other department entities and Federal agencies. 
‘‘Sec. 1923. Responsibilities. 
‘‘Sec. 1924. Hiring authority. 
‘‘Sec. 1925. Testing authority. 
‘‘Sec. 1926. Contracting and grant making authorities. 
‘‘Sec. 1927. Joint annual interagency review of global nuclear detection architec-
ture. 
‘‘Subtitle C—Chief Medical Officer 
‘‘Sec. 1931. Chief Medical Officer.’’. 
(i) SUNSET.— 
(1) DEFINITION.—In this subsection, the term 
‘‘sunset date’’ means the date that is 5 years after the 
date of enactment of this Act. 
(2) AMENDMENTS.—Effective on the sunset date: 
(A) Title XIX of the Homeland Security Act 
of 2002 (6 U.S.C. 591 et seq.) is amended— 
(i) in the title heading, by striking 
‘‘COUNTERING 
WEAPONS 
OF 
MASS DESTRUCTION OFFICE’’ 
and inserting ‘‘DOMESTIC NUCLEAR 
DETECTION OFFICE’’; 
(ii) by striking section 1900 and all 
that follows through the end of section 1901 
and inserting the following: 
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656 
‘‘SEC. 1901. DOMESTIC NUCLEAR DETECTION OFFICE. 
‘‘(a) ESTABLISHMENT.—There shall be established in 
the Department a Domestic Nuclear Detection Office (re-
ferred to in this title as the ‘Office’). The Secretary may 
request that the Secretary of Defense, the Secretary of En-
ergy, the Secretary of State, the Attorney General, the Nu-
clear Regulatory Commission, and the directors of other 
Federal agencies, including elements of the Intelligence 
Community, provide for the reimbursable detail of per-
sonnel with relevant expertise to the Office. 
‘‘(b) DIRECTOR.—The Office shall be headed by a Di-
rector for Domestic Nuclear Detection, who shall be ap-
pointed by the President.’’; 
(iii) by redesignating sections 1923, 
1924, 1925, 1926, and 1927 as sections 
1902, 1903, 1904, 1906, and 1907, respec-
tively, and transferring such sections to ap-
pear after section 1901, as added by clause 
(ii); 
(iv) in section 1902, as so redesig-
nated— 
(I) in the section heading by 
striking ‘‘RESPONSIBILITIES’’ and 
inserting ‘‘MISSION
OF
OFFICE’’; 
and 
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657 
(II) in subsection (a)(11), by 
striking ‘‘Countering Weapons of Mass 
Destruction Office’’ and inserting ‘‘Do-
mestic Nuclear Detection Office’’; 
(v) in section 1904(a), as so redesig-
nated, by striking ‘‘section 1923’’ and in-
serting ‘‘section 1902’’; 
(vi) by inserting after section 1904, as 
redesignated and transferred by clause (iii), 
the following: 
‘‘SEC. 1905. RELATIONSHIP TO OTHER DEPARTMENT ENTI-
TIES AND FEDERAL AGENCIES. 
‘‘The authority of the Director under this title shall 
not affect the authorities or responsibilities of any officer 
of the Department or of any officer of any other department 
or agency of the United States with respect to the command, 
control, or direction of the functions, personnel, funds, as-
sets, and liabilities of any entity within the Department 
or any Federal department or agency.’’; 
(vii) in section 1906, as so redesig-
nated— 
(I) by striking ‘‘section 1923(a)’’ 
each place it appears and inserting 
‘‘section 1902(a)’’; and 
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658 
(II) in the matter preceding para-
graph (1), by striking ‘‘Assistant Sec-
retary for the Countering Weapons of 
Mass Destruction Office’’ and inserting 
‘‘Director for Domestic Nuclear Detec-
tion’’; and 
(viii) in section 1907, as so redesig-
nated— 
(I) in subsection (a)(1)(C), in the 
matter preceding clause (i), by striking 
‘‘Assistant Secretary for the Coun-
tering Weapons of Mass Destruction 
Office’’ and inserting ‘‘Director of the 
Domestic Nuclear Detection Office’’; 
and 
(II) in subsection (c), by striking 
‘‘section 1923’’ and inserting ‘‘section 
1902’’; and 
(ix) by striking the heading for subtitle 
B and all that follows through the end of 
section 1931. 
(B) Title V of the Homeland Security Act 
of 2002 (6 U.S.C. 311 et seq.) is amended by in-
serting after section 515 the following: 
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659 
‘‘SEC. 516. CHIEF MEDICAL OFFICER. 
‘‘(a) IN GENERAL.—There is in the Department a 
Chief Medical Officer, who shall be appointed by the Presi-
dent. 
‘‘(b) QUALIFICATIONS.—The individual appointed as 
Chief Medical Officer shall possess a demonstrated ability 
in and knowledge of medicine and public health. 
‘‘(c) RESPONSIBILITIES.—The Chief Medical Officer 
shall have the primary responsibility within the Depart-
ment for medical issues related to natural disasters, acts 
of terrorism, and other man-made disasters, including— 
‘‘(1) serving as the principal advisor to the Sec-
retary and the Administrator on medical and public 
health issues; 
‘‘(2) coordinating the biodefense activities of the 
Department; 
‘‘(3) ensuring internal and external coordination 
of all medical preparedness and response activities of 
the Department, including training, exercises, and 
equipment support; 
‘‘(4) serving as the Department’s primary point 
of contact with the Department of Agriculture, the 
Department of Defense, the Department of Health and 
Human Services, the Department of Transportation, 
the Department of Veterans Affairs, and other Federal 
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660 
departments or agencies, on medical and public 
health issues; 
‘‘(5) serving as the Department’s primary point 
of contact for State, local, and tribal governments, the 
medical community, and others within and outside 
the Department, with respect to medical and public 
health matters; 
‘‘(6) discharging, in coordination with the Under 
Secretary for Science and Technology, the responsibil-
ities of the Department related to Project Bioshield; 
and 
‘‘(7) performing such other duties relating to 
such responsibilities as the Secretary may require.’’. 
(C) Title VII of the Homeland Security Act 
of 2002 (6 U.S.C. 341 et seq.) is amended by 
striking section 714. 
(D) Section 103(d) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 113(d)) is amended— 
(i) by redesignating paragraph (4) as 
paragraph (5); and 
(ii) by inserting after paragraph (3) 
the following: 
‘‘(4) A Director for Domestic Nuclear Detec-
tion.’’. 
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661 
(E) Section 316(a) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 195b(a)) is amended 
by striking ‘‘, acting through the Assistant Sec-
retary for the Countering Weapons of Mass De-
struction Office,’’. 
(F) Section 317(f) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 195c(f)) is amended 
by striking ‘‘the Assistant Secretary for the 
Countering Weapons of Mass Destruction Of-
fice,’’ and inserting ‘‘the Chief Medical Officer,’’. 
(G) Section 505(b) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 315(b)) is amended— 
(i) by redesignating paragraph (4) as 
paragraph (5); 
(ii) by inserting after paragraph (3) 
the following: 
‘‘(4) The Office of the Chief Medical Officer.’’; 
and 
(iii) in paragraph (5), as so redesig-
nated, by striking ‘‘through (3)’’ and insert-
ing ‘‘through (4)’’. 
(H) Section 528(a) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 321q(a)) is amended 
by striking ‘‘Health Affairs,’’ and inserting ‘‘the 
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662 
Countering Weapons of Mass Destruction Of-
fice,’’. 
(I) The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 
107–296; 116 Stat. 2135) is amended— 
(i) by inserting after the item relating 
to section 515 the following: 
‘‘Sec. 516. Chief medical officer.’’; 
(ii) by striking the item relating to sec-
tion 714; and 
(iii) by striking the item relating to 
title XIX (including items relating to sec-
tion 1900 through section 1931) and insert-
ing the following: 
‘‘TITLE XIX—DOMESTIC NUCLEAR DETECTION OFFICE 
‘‘Sec. 1901. Domestic Nuclear Detection Office. 
‘‘Sec. 1902. Mission of Office. 
‘‘Sec. 1903. Hiring authority. 
‘‘Sec. 1904. Testing authority. 
‘‘Sec. 1905. Relationship to other Department entities and Federal agencies. 
‘‘Sec. 1906. Contracting and grant making authorities. 
‘‘Sec. 1907. Joint annual interagency review of global nuclear detection architec-
ture.’’. 
(3) THIS ACT.—Effective on the sunset date, sub-
sections (a) through (h) of this section, and the 
amendments made by such subsections, shall have no 
force or effect. 
(4) TRANSFERS; ABOLISHMENT.— 
(A) TRANSFERS.—The Secretary of Home-
land Security shall transfer— 
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663 
(i) to the Domestic Nuclear Detection 
Office, all functions, personnel, budget au-
thority, and assets of the Countering Weap-
ons of Mass Destruction Office, as in exist-
ence on the day before the sunset date, ex-
cept for the functions, personnel, budget au-
thority, and assets that were transferred to 
the Countering Weapons of Mass Destruc-
tion Office under subsection (e)(1)(A)(i); 
and 
(ii) to the Office of Health Affairs, the 
functions, personnel, budget authority, and 
assets that were transferred to the Coun-
tering Weapons of Mass Destruction Office 
under subsection (e)(1)(A)(ii) or to the Di-
rectorate of Management under subsection 
(e)(1)(B). 
(B) ABOLISHMENT.—Upon completion of 
all transfers pursuant to subparagraph (A)— 
(i) the Countering Weapons of Mass 
Destruction Office of the Department of 
Homeland Security is abolished; and 
(ii) the position of Assistant Secretary 
for the Countering Weapons of Mass De-
struction Office is abolished. 
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SEC. 
1118. 
ACTIVITIES 
RELATED 
TO 
INTERNATIONAL 
AGREEMENTS; ACTIVITIES RELATED TO CHIL-
DREN. 
Section 708(c) of the Homeland Security Act of 2002, 
as so redesignated by section 1142 of this Act, is amended— 
(1) by redesignating paragraphs (6) and (7) as 
paragraphs (7) and (8), respectively; 
(2) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) enter into agreements with governments of 
other countries, in consultation with the Secretary of 
State or the head of another agency, as appropriate, 
international organizations, and international non-
governmental organizations in order to achieve the 
missions of the Department;’’; and 
(3) in paragraph (7), as so redesignated, by in-
serting ‘‘, including feedback from organizations rep-
resenting the needs of children,’’ after ‘‘stakeholder 
feedback’’. 
SEC. 1119. CANINE DETECTION RESEARCH AND DEVELOP-
MENT. 
(a) IN GENERAL.—Title III of the Homeland Security 
Act of 2002 (6 U.S.C. 181 et seq.), as amended by section 
1601 of this Act, is amended by adding at the end the fol-
lowing: 
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‘‘SEC. 321. CANINE DETECTION RESEARCH AND DEVELOP-
MENT. 
‘‘(a) IN GENERAL.—In furtherance of domestic pre-
paredness and response, the Secretary, acting through the 
Under Secretary for Science and Technology, and in con-
sultation with other relevant executive agencies, relevant 
State, local, and tribal governments, and academic and in-
dustry stakeholders, shall, to the extent practicable, conduct 
research and development of canine detection technology to 
mitigate the risk of the threats of existing and emerging 
weapons of mass destruction. 
‘‘(b) SCOPE.—The scope of the research and develop-
ment under subsection (a) may include the following: 
‘‘(1) Canine-based sensing technologies. 
‘‘(2) Chem-Bio defense technologies. 
‘‘(3) New dimensions of olfaction biology. 
‘‘(4) Novel chemical sensing technologies. 
‘‘(5) Advances in metabolomics and volatilomics. 
‘‘(6) Advances in gene therapy, phenomics, and 
molecular medicine. 
‘‘(7) Reproductive science and technology. 
‘‘(8) End user techniques, tactics, and proce-
dures. 
‘‘(9) National security policies, standards and 
practices for canine sensing technologies. 
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‘‘(10) Protective technology, medicine, and treat-
ments for the canine detection platform. 
‘‘(11) Domestic capacity and standards develop-
ment. 
‘‘(12) Emerging threat detection. 
‘‘(13) Training aids. 
‘‘(14) Genetic, behavioral, and physiological op-
timization of the canine detection platform. 
‘‘(c) COORDINATION AND COLLABORATION.—The Sec-
retary, acting through the Under Secretary for Science and 
Technology, shall ensure research and development activi-
ties are conducted in coordination and collaboration with 
academia, all levels of government, and private sector stake-
holders. 
‘‘(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table of 
contents in section 1(b) of the Homeland Security Act of 
2002 (Public Law 107–296; 116 Stat. 2135), as amended 
by this Act, is amended by inserting after the item relating 
to section 320 the following: 
‘‘Sec. 321. Canine detection research and development.’’. 
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Subtitle B—Human Resources and 
Other Matters 
SEC. 1131. CHIEF HUMAN CAPITAL OFFICER RESPONSIBIL-
ITIES. 
Section 704 of the Homeland Security Act of 2002 (6 
U.S.C. 344) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘and in line’’ and in-
serting ‘‘, in line’’; and 
(ii) by inserting ‘‘and informed by suc-
cessful practices within the Federal Govern-
ment and the private sector,’’ after ‘‘prior-
ities,’’; 
(B) in paragraph (2), by striking ‘‘develop 
performance measures to provide a basis for 
monitoring and evaluating’’ and inserting ‘‘de-
velop performance measures to monitor and 
evaluate on an ongoing basis,’’; 
(C) in paragraph (4), by inserting ‘‘includ-
ing leader development and employee engagement 
programs,’’ before ‘‘in coordination’’; 
(D) by redesignating paragraphs (9) and 
(10) as paragraphs (14) and (15), respectively; 
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(E) 
by 
redesignating 
paragraphs 
(3) 
through (8) as paragraphs (4) through (9), re-
spectively; 
(F) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) assess the need of administrative and mis-
sion support staff across the Department, to identify 
and eliminate the unnecessary use of mission-critical 
staff for administrative and mission support posi-
tions;’’; 
(G) in paragraph (6), as so redesignated, by 
inserting before the semicolon at the end the fol-
lowing: ‘‘that is informed by appropriate work-
force planning initiatives’’; and 
(H) by inserting after paragraph (9), as so 
redesignated, the following: 
‘‘(10) maintain a catalogue of available em-
ployee development opportunities easily accessible to 
employees of the Department, including departmental 
leadership development programs, interagency devel-
opment programs, and rotational programs; 
‘‘(11) approve the selection and organizational 
placement of each senior human capital official of 
each component of the Department and participate in 
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the periodic performance reviews of each such senior 
human capital official; 
‘‘(12) assess the success of the Department and 
the components of the Department regarding efforts to 
recruit and retain employees in rural and remote 
areas, and make policy recommendations as appro-
priate to the Secretary and to Congress; 
‘‘(13) develop performance measures to monitor 
and evaluate on an ongoing basis any significant 
contracts issued by the Department or a component of 
the Department to a private entity regarding the re-
cruitment, hiring, or retention of employees;’’. 
SEC. 1132. EMPLOYEE ENGAGEMENT AND RETENTION AC-
TION PLAN. 
(a) IN GENERAL.—Title VII of the Homeland Security 
Act of 2002 (6 U.S.C. 341 et seq.), as amended by section 
1117, is amended by adding at the end the following: 
‘‘SEC. 715. EMPLOYEE ENGAGEMENT AND RETENTION AC-
TION PLAN. 
‘‘(a) IN GENERAL.—The Secretary shall— 
‘‘(1) not later than 180 days after the date of en-
actment of this section, and not later than September 
30 of each fiscal year thereafter, issue a Department- 
wide employee engagement and retention action plan 
to inform and execute strategies for improving em-
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ployee engagement, employee retention, Department 
management and leadership, diversity and inclusion 
efforts, employee morale, training and development 
opportunities, and communications within the De-
partment, which shall reflect— 
‘‘(A) input from representatives from oper-
ational components, headquarters, and field per-
sonnel, including supervisory and non-super-
visory personnel, and employee labor organiza-
tions that represent employees of the Depart-
ment; 
‘‘(B) employee feedback provided through 
annual employee surveys, questionnaires, and 
other communications; and 
‘‘(C) performance measures, milestones, and 
objectives that reflect the priorities and strategies 
of the action plan to improve employee engage-
ment and retention; and 
‘‘(2) require the head of each operational compo-
nent of the Department to— 
‘‘(A) develop and implement a component- 
specific employee engagement and retention plan 
to advance the action plan required under para-
graph (1) that includes performance measures 
and objectives, is informed by employee feedback 
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provided through annual employee surveys, ques-
tionnaires, and other communications, as appro-
priate, and sets forth how employees and, if ap-
plicable, their labor representatives are to be in-
tegrated in developing programs and initiatives; 
‘‘(B) monitor progress on implementation of 
such action plan; and 
‘‘(C) provide to the Chief Human Capital 
Officer quarterly reports on actions planned and 
progress made under this paragraph. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit the ability of the depart-
mental or component leadership from developing innovative 
approaches and strategies to employee engagement or reten-
tion not specifically required under this section. 
‘‘(c) REPEAL.—This section shall be repealed on the 
date that is 5 years after the date of enactment of this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.— 
(1) IN GENERAL.—The table of contents in sec-
tion 1(b) of the Homeland Security Act of 2002 (Pub-
lic Law 107–296; 116 Stat. 2135), as amended by sec-
tion 1117, is amended by inserting after the item re-
lated to section 714 the following: 
‘‘Sec. 715. Employee engagement and retention plan.’’. 
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(2) REPEAL.—The amendment made by para-
graph (1) shall be repealed on the date that is 5 years 
after the date of enactment of this Act. 
(c) SUBMISSIONS TO CONGRESS.— 
(1) DEPARTMENT-WIDE EMPLOYEE ENGAGEMENT 
ACTION PLAN.—Not later than 2 years after the date 
of enactment of this Act, and once 2 years thereafter, 
the Secretary of Homeland Security shall submit to 
the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Se-
curity and Governmental Affairs of the Senate the 
Department-wide employee engagement action plan 
required under section 715 of the Homeland Security 
Act of 2002, as added by subsection (a). 
(2) COMPONENT-SPECIFIC
EMPLOYEE
ENGAGE-
MENT PLANS.—Each head of a component of the De-
partment of Homeland Security shall submit to the 
Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Se-
curity and Governmental Affairs of the Senate the 
component-specific employee engagement plan of each 
such component required under section 715(a)(2) of 
the Homeland Security Act of 2002 (as added by sub-
section (a)) not later than 30 days after the issuance 
of each such plan under such section 715(a)(2). 
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673 
SEC. 1133. REPORT DISCUSSING SECRETARY’S RESPON-
SIBILITIES, PRIORITIES, AND AN ACCOUNT-
ING OF THE DEPARTMENT’S WORK REGARD-
ING ELECTION INFRASTRUCTURE. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall continue to prioritize the provision of assistance, 
as appropriate and on a voluntary basis, to State and local 
election officials in recognition of the importance of election 
infrastructure to the United States. 
(b) REPORTS.—Not later than 1 year after the date 
of enactment of this Act, and once each year thereafter, the 
Secretary of Homeland Security shall submit to the Com-
mittee on Homeland Security and Governmental Affairs of 
the Senate and the Committee on Homeland Security of the 
House of Representatives a report detailing— 
(1) the responsibilities of the Secretary of Home-
land Security for coordinating the election infrastruc-
ture critical infrastructure subsector; 
(2) the priorities of the Secretary of Homeland 
Security for enhancing the security of election infra-
structure over the next 1- and 5-year periods that in-
corporates lessons learned, best practices, and obsta-
cles from the previous year; and 
(3) a summary of the election infrastructure 
work of the Department with each State, unit of local 
government, and tribal and territorial government, as 
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well as with the Government Coordinating Council 
and the Sector Coordinating Council, and interaction 
with other Federal departments and agencies. 
(c) FORM OF REPORTS.—Each report submitted under 
subsection (b) shall be unclassified, but may be accompanied 
by a classified annex, if necessary. 
(d) INITIAL REPORT.—The first report submitted 
under subsection (b) shall examine the period beginning on 
January 6, 2017 through the required reporting period. 
SEC. 1134. POLICY, GUIDANCE, TRAINING, AND COMMU-
NICATION REGARDING LAW ENFORCEMENT 
PERSONNEL. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity (in this section referred to as the ‘‘Secretary’’) shall 
conduct an inventory and assessment of training provided 
to all law enforcement personnel of the Department of 
Homeland Security (referred to in this section as the ‘‘De-
partment’’), including use of force training, and develop 
and implement a strategic plan to— 
(1) enhance, modernize, and expand training 
and continuing education for law enforcement per-
sonnel; and 
(2) eliminate duplication and increase effi-
ciencies in training and continuing education pro-
grams. 
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(b) FACTORS.—In carrying out subsection (a), the Sec-
retary shall take into account the follow factors: 
(1) The hours of training provided to law en-
forcement personnel and whether such hours should be 
increased. 
(2) The hours of continuing education provided 
to law enforcement personnel, and whether such hours 
should be increased. 
(3) The quality of training and continuing edu-
cation programs and whether the programs are in 
line with current best practices and standards. 
(4) The use of technology for training and con-
tinuing education purposes, and whether such tech-
nology should be modernized and expanded. 
(5) Reviews of training and education programs 
by law enforcement personnel, and whether such pro-
grams maximize their ability to carry out the mission 
of their components and meet the highest standards of 
professionalism and integrity. 
(6) Whether there is duplicative or overlapping 
training and continuing education programs, and 
whether such programs can be streamlined to reduce 
costs and increase efficiencies. 
(c) INPUT.—The Secretary shall work with relevant 
components of the Department to take into account feedback 
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provided by law enforcement personnel (including non-
supervisory personnel and employee labor organizations), 
community stakeholders, the Office of Science and Tech-
nology, and the Office for Civil Rights and Civil Liberties 
in carrying out the assessment of, and developing and im-
plementing the strategic plan with respect to, training and 
continuing education programs under subsection (a). 
(d) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit to the 
Chairman and Ranking Minority Member of the Committee 
on Homeland Security and Governmental Affairs of the 
Senate and the Chairman and Ranking Minority Member 
of the Committee on Homeland Security of the House of 
Representatives an evaluation of the assessment of, and the 
development and implementation of the strategic plan with 
respect to, training and continuing education programs 
under subsection (a). 
(e) ASSESSMENT.—Not later than 2 years after the 
date of enactment of this Act, the Comptroller General of 
the United States shall submit to the Chairman and Rank-
ing Minority Member of the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate and the Chair-
man and Ranking Minority Member of the Committee on 
Homeland Security of the House of Representatives a report 
that evaluates the assessment of, and the development and 
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implementation of the strategic plan with respect to, train-
ing and continuing education programs under subsection 
(a). 
(f) TIMELY GUIDANCE, COMMUNICATIONS, AND TRAIN-
ING REGARDING POLICY CHANGES AFFECTING THE CON-
DUCT OF LAW ENFORCEMENT AND ENGAGEMENT WITH 
MEMBERS OF THE PUBLIC.— 
(1) DEFINITION.—In this subsection, the term 
‘‘covered order’’ means any executive order, guidance, 
directive, or memorandum that changes policies re-
garding the conduct of law enforcement or engage-
ment with members of the public by law enforcement 
personnel. 
(2) REQUIREMENTS.—The Secretary, in coordi-
nation with the head of each affected law enforcement 
component of the Department and in consultation 
with career executives in each affected component, 
shall— 
(A) as expeditiously as possible, and not 
later than 45 days following the effective date of 
any covered order— 
(i) publish written documents detailing 
plans for the implementation of the covered 
order; 
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(ii) develop and implement a strategy 
to communicate clearly with all law en-
forcement personnel actively engaged in core 
law enforcement activities, both in super-
visory and nonsupervisory positions, and to 
provide prompt responses to questions and 
concerns raised by such personnel, about the 
covered order; and 
(iii) develop and implement a detailed 
plan to ensure that all law enforcement per-
sonnel actively engaged in core law enforce-
ment activities are sufficiently and appro-
priately trained on any new policies re-
garding the conduct of law enforcement or 
engagement with members of the public re-
sulting from the covered order; and 
(B) submit to the Chairman and Ranking 
Minority Member of the Committee on Homeland 
Security and Governmental Affairs of the Senate 
and the Chairman and Ranking Minority Mem-
ber of the Committee on Homeland Security of 
the House of Representatives a report— 
(i) not later than 30 days after the ef-
fective date of any covered order, that ex-
plains and provides a plan to remedy any 
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delay in taking action under subparagraph 
(A); and 
(ii) not later than 60 days after the ef-
fective date of any covered order, that de-
scribes the actions taken by the Secretary 
under subparagraph (A). 
SEC. 1135. HACK DHS BUG BOUNTY PILOT PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) BUG
BOUNTY
PROGRAM.—The term ‘‘bug 
bounty program’’ means a program under which an 
approved individual, organization, or company is 
temporarily authorized to identify and report 
vulnerabilities of Internet-facing information tech-
nology of the Department in exchange for compensa-
tion. 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(3) INFORMATION TECHNOLOGY.—The term ‘‘in-
formation technology’’ has the meaning given the term 
in section 11101 of title 40, United States Code. 
(4) PILOT PROGRAM.—The term ‘‘pilot program’’ 
means the bug bounty pilot program required to be 
established under subsection (b)(1). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
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(b) ESTABLISHMENT OF PILOT PROGRAM.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall 
establish, within the Office of the Chief Information 
Officer, a bug bounty pilot program to minimize 
vulnerabilities of Internet-facing information tech-
nology of the Department. 
(2) REQUIREMENTS.—In establishing the pilot 
program, the Secretary shall— 
(A) provide compensation for reports of pre-
viously 
unidentified 
security 
vulnerabilities 
within the websites, applications, and other 
Internet-facing information technology of the De-
partment that are accessible to the public; 
(B) award a competitive contract to an en-
tity, as necessary, to manage the pilot program 
and 
for 
executing 
the 
remediation 
of 
vulnerabilities identified as a consequence of the 
pilot program; 
(C) designate mission-critical operations 
within the Department that should be excluded 
from the pilot program; 
(D) consult with the Attorney General on 
how to ensure that approved individuals, organi-
zations, or companies that comply with the re-
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quirements of the pilot program are protected 
from prosecution under section 1030 of title 18, 
United States Code, and similar provisions of 
law for specific activities authorized under the 
pilot program; 
(E) consult with the relevant offices at the 
Department of Defense that were responsible for 
launching the 2016 ‘‘Hack the Pentagon’’ pilot 
program and subsequent Department of Defense 
bug bounty programs; 
(F) develop an expeditious process by which 
an approved individual, organization, or com-
pany can register with the entity described in 
subparagraph (B), submit to a background check 
as determined by the Department, and receive a 
determination as to eligibility for participation 
in the pilot program; and 
(G) engage qualified interested persons, in-
cluding non-government sector representatives, 
about the structure of the pilot program as con-
structive and to the extent practicable. 
(c) REPORT.—Not later than 180 days after the date 
on which the pilot program is completed, the Secretary shall 
submit to the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate and the Committee on 
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Homeland Security of the House of Representatives a report 
on the pilot program, which shall include— 
(1) the number of approved individuals, organi-
zations, or companies involved in the pilot program, 
broken down by the number of approved individuals, 
organizations, or companies that— 
(A) registered; 
(B) were approved; 
(C) submitted security vulnerabilities; and 
(D) received compensation; 
(2) the number and severity of vulnerabilities re-
ported as part of the pilot program; 
(3) the number of previously unidentified secu-
rity vulnerabilities remediated as a result of the pilot 
program; 
(4) the current number of outstanding previously 
unidentified security vulnerabilities and Department 
remediation plans; 
(5) the average length of time between the report-
ing of security vulnerabilities and remediation of the 
vulnerabilities; 
(6) the types of compensation provided under the 
pilot program; and 
(7) the lessons learned from the pilot program. 
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(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Department $250,000 
for fiscal year 2018 to carry out this section. 
SEC. 1136. COST SAVINGS ENHANCEMENTS. 
(a) IN GENERAL.— 
(1) AMENDMENT.—Subchapter II of chapter 45 
of title 5, United States Code, is amended by insert-
ing after section 4512 the following: 
‘‘§ 4512A. Department of Homeland Security awards 
for cost savings disclosures 
‘‘(a) In this section, the term ‘surplus operations and 
support funds’ means amounts made available for the oper-
ations and support account, or equivalent account, of the 
Department of Homeland Security, or a component there-
of— 
‘‘(1) that are identified by an employee of the 
Department of Homeland Security under subsection 
(b) as unnecessary; 
‘‘(2) that the Inspector General of the Depart-
ment of Homeland Security determines are not re-
quired for the purpose for which the amounts were 
made available; 
‘‘(3) that the Chief Financial Officer of the De-
partment of Homeland Security determines are not 
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684 
required for the purpose for which the amounts were 
made available; and 
‘‘(4) the rescission of which would not be detri-
mental to the full execution of the purposes for which 
the amounts were made available. 
‘‘(b) The Inspector General of the Department of 
Homeland Security may pay a cash award to any employee 
of the Department of Homeland Security whose disclosure 
of fraud, waste, or mismanagement or identification of sur-
plus operations and support funds to the Inspector General 
of the Department of Homeland Security has resulted in 
cost savings for the Department of Homeland Security. The 
amount of an award under this section may not exceed the 
lesser of— 
‘‘(1) $10,000; or 
‘‘(2) an amount equal to 1 percent of the Depart-
ment of Homeland Security’s cost savings which the 
Inspector General determines to be the total savings 
attributable to the employee’s disclosure or identifica-
tion. 
For purposes of paragraph (2), the Inspector General may 
take into account Department of Homeland Security cost 
savings projected for subsequent fiscal years which will be 
attributable to such disclosure or identification. 
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‘‘(c)(1) The Inspector General of the Department of 
Homeland Security shall refer to the Chief Financial Offi-
cer of the Department of Homeland Security any potential 
surplus operations and support funds identified by an em-
ployee that the Inspector General determines meets the re-
quirements under paragraphs (2) and (4) of subsection (a), 
along with any recommendations of the Inspector General. 
‘‘(2)(A) If the Chief Financial Officer of the Depart-
ment of Homeland Security determines that potential sur-
plus operations and support funds referred under para-
graph (1) meet the requirements under subsection (a), ex-
cept as provided in subsection (d), the Secretary of Home-
land Security shall transfer the amount of the surplus oper-
ations and support funds from the applicable appropria-
tions account to the general fund of the Treasury. 
‘‘(B) Any amounts transferred under subparagraph 
(A) shall be deposited in the Treasury and used for deficit 
reduction, except that in the case of a fiscal year for which 
there is no Federal budget deficit, such amounts shall be 
used to reduce the Federal debt (in such manner as the Sec-
retary of the Treasury considers appropriate). 
‘‘(3) The Inspector General of the Department of 
Homeland Security and the Chief Financial Officer of the 
Department of Homeland Security shall issue standards 
and definitions for purposes of making determinations re-
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lating to potential surplus operations and support funds 
identified by an employee under this subsection. 
‘‘(d)(1) The Secretary of Homeland Security may re-
tain not more than 10 percent of amounts to be transferred 
to the general fund of the Treasury under subsection (c)(2). 
‘‘(2) Amounts retained by the Secretary of Homeland 
Security under paragraph (1) may be— 
‘‘(A) used for the purpose of paying a cash 
award under subsection (b) to one or more employees 
who identified the surplus operations and support 
funds; and 
‘‘(B) to the extent amounts remain after paying 
cash awards under subsection (b), transferred or re-
programmed for use by the Department of Homeland 
Security, in accordance with any limitation on such 
a transfer or reprogramming under any other provi-
sion of law. 
‘‘(e)(1) Not later than October 1 of each fiscal year, 
the Secretary of Homeland Security shall submit to the Sec-
retary of the Treasury a report identifying the total savings 
achieved during the previous fiscal year through disclosures 
of possible fraud, waste, or mismanagement and identifica-
tions of surplus operations and support funds by an em-
ployee. 
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‘‘(2) Not later than September 30 of each fiscal year, 
the Secretary of Homeland Security shall submit to the Sec-
retary of the Treasury a report that, for the previous fiscal 
year— 
‘‘(A) describes each disclosure of possible fraud, 
waste, or mismanagement or identification of poten-
tially surplus operations and support funds by an 
employee of the Department of Homeland Security 
determined by the Department of Homeland Security 
to have merit; and 
‘‘(B) provides the number and amount of cash 
awards by the Department of Homeland Security 
under subsection (b). 
‘‘(3) The Secretary of Homeland Security shall include 
the information described in paragraphs (1) and (2) in each 
budget request of the Department of Homeland Security 
submitted to the Office of Management and Budget as part 
of the preparation of the budget of the President submitted 
to Congress under section 1105(a) of title 31. 
‘‘(4) The Secretary of the Treasury shall submit to the 
Committee on Appropriations of the Senate, the Committee 
on Appropriations of the House of Representatives, and the 
Government Accountability Office an annual report on Fed-
eral cost saving and awards based on the reports submitted 
under paragraphs (1) and (2). 
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‘‘(f) The Director of the Office of Personnel Manage-
ment shall— 
‘‘(1) ensure that the cash award program of the 
Department of Homeland Security complies with this 
section; and 
‘‘(2) submit to Congress an annual certification 
indicating whether the cash award program of the 
Department of Homeland Security complies with this 
section. 
‘‘(g) Not later than 3 years after the date of enactment 
of this section, and every 3 years thereafter, the Comptroller 
General of the United States shall submit to Congress a re-
port on the operation of the cost savings and awards pro-
gram under this section, including any recommendations 
for legislative changes.’’. 
(2) 
TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for subchapter II of 
chapter 45 of title 5, United States Code, is amended 
by inserting after the item relating to section 4512 the 
following: 
‘‘4512A. Department of Homeland Security awards for cost savings disclosures.’’. 
(3) SUNSET.—Effective 6 years after the date of 
enactment of this Act, subchapter II of chapter 45 of 
title 5, United States Code, is amended— 
(A) by striking section 4512A; and 
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(B) in the table of sections, by striking the 
item relating to section 4512A. 
(b) OFFICERS ELIGIBLE FOR CASH AWARDS.—Section 
4509 of title 5, United States Code, is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘No officer’’; and 
(2) by adding at the end the following: 
‘‘(b) The Secretary of Homeland Security may not re-
ceive a cash award under this subchapter.’’. 
SEC. 1137. CYBERSECURITY RESEARCH AND DEVELOPMENT 
PROJECTS. 
(a) CYBERSECURITY
RESEARCH
AND
DEVELOP-
MENT.— 
(1) IN GENERAL.—Title III of the Homeland Se-
curity Act of 2002 (6 U.S.C. 181 et seq.), as amended 
by section 1119 of this Act, is amended by adding at 
the end the following: 
‘‘SEC. 322. CYBERSECURITY RESEARCH AND DEVELOPMENT. 
‘‘(a) IN GENERAL.—The Under Secretary for Science 
and Technology shall support the research, development, 
testing, evaluation, and transition of cybersecurity tech-
nologies, including fundamental research to improve the 
sharing of information, information security, analytics, 
and methodologies related to cybersecurity risks and inci-
dents, consistent with current law. 
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‘‘(b) ACTIVITIES.—The research and development sup-
ported under subsection (a) shall serve the components of 
the Department and shall— 
‘‘(1) advance the development and accelerate the 
deployment of more secure information systems; 
‘‘(2) improve and create technologies for detect-
ing and preventing attacks or intrusions, including 
real-time continuous diagnostics, real-time analytic 
technologies, and full life cycle information protection; 
‘‘(3) improve and create mitigation and recovery 
methodologies, including techniques and policies for 
real-time containment of attacks and development of 
resilient networks and information systems; 
‘‘(4) assist the development and support infra-
structure and tools to support cybersecurity research 
and development efforts, including modeling, testbeds, 
and data sets for assessment of new cybersecurity 
technologies; 
‘‘(5) assist the development and support of tech-
nologies to reduce vulnerabilities in industrial control 
systems; 
‘‘(6) assist the development and support cyber 
forensics and attack attribution capabilities; 
‘‘(7) assist the development and accelerate the de-
ployment of full information life cycle security tech-
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nologies to enhance protection, control, and privacy of 
information to detect and prevent cybersecurity risks 
and incidents; 
‘‘(8) assist the development and accelerate the de-
ployment of information security measures, in addi-
tion to perimeter-based protections; 
‘‘(9) assist the development and accelerate the de-
ployment of technologies to detect improper informa-
tion access by authorized users; 
‘‘(10) assist the development and accelerate the 
deployment of cryptographic technologies to protect 
information at rest, in transit, and in use; 
‘‘(11) assist the development and accelerate the 
deployment of methods to promote greater software as-
surance; 
‘‘(12) assist the development and accelerate the 
deployment of tools to securely and automatically up-
date software and firmware in use, with limited or no 
necessary intervention by users and limited impact 
on concurrently operating systems and processes; and 
‘‘(13) assist in identifying and addressing un-
identified or future cybersecurity threats. 
‘‘(c) COORDINATION.—In carrying out this section, the 
Under Secretary for Science and Technology shall coordi-
nate activities with— 
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‘‘(1) the Director of Cybersecurity and Infra-
structure Security; 
‘‘(2) the heads of other relevant Federal depart-
ments and agencies, as appropriate; and 
‘‘(3) industry and academia. 
‘‘(d) TRANSITION TO PRACTICE.—The Under Secretary 
for Science and Technology shall— 
‘‘(1) support projects carried out under this title 
through the full life cycle of such projects, including 
research, development, testing, evaluation, pilots, and 
transitions; 
‘‘(2) identify mature technologies that address 
existing or imminent cybersecurity gaps in public or 
private information systems and networks of informa-
tion systems, protect sensitive information within and 
outside networks of information systems, identify and 
support necessary improvements identified during 
pilot programs and testing and evaluation activities, 
and introduce new cybersecurity technologies through-
out the homeland security enterprise through partner-
ships and commercialization; and 
‘‘(3) target federally funded cybersecurity re-
search that demonstrates a high probability of success-
ful transition to the commercial market within 2 
years and that is expected to have a notable impact 
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693 
on the public or private information systems and net-
works of information systems. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) CYBERSECURITY RISK.—The term ‘cyberse-
curity risk’ has the meaning given the term in section 
2209. 
‘‘(2) HOMELAND
SECURITY
ENTERPRISE.—The 
term ‘homeland security enterprise’ means relevant 
governmental and nongovernmental entities involved 
in homeland security, including Federal, State, local, 
and tribal government officials, private sector rep-
resentatives, academics, and other policy experts. 
‘‘(3) INCIDENT.—The term ‘incident’ has the 
meaning given the term in section 2209. 
‘‘(4) INFORMATION SYSTEM.—The term ‘informa-
tion system’ has the meaning given the term in sec-
tion 3502 of title 44, United States Code. 
‘‘(5) SOFTWARE
ASSURANCE.—The term ‘soft-
ware assurance’ means confidence that software— 
‘‘(A) is free from vulnerabilities, either in-
tentionally designed into the software or acciden-
tally inserted at any time during the life cycle 
of the software; and 
‘‘(B) functioning in the intended manner.’’. 
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(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of the Homeland Security Act of 
2002 (Public Law 107–296; 116 Stat. 2135), as 
amended by this Act, is amended by inserting after 
the item relating to section 321 the following: 
‘‘Sec. 322. Cybersecurity research and development.’’. 
(b) RESEARCH AND DEVELOPMENT PROJECTS.—Sec-
tion 831 of the Homeland Security Act of 2002 (6 U.S.C. 
391) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘2017’’ and inserting ‘‘2022’’; and 
(B) in paragraph (2), by striking ‘‘under 
section 845 of the National Defense Authoriza-
tion Act for Fiscal Year 1994 (Public Law 103– 
160). In applying the authorities of that section 
845, subsection (c) of that section shall apply 
with respect to prototype projects under this 
paragraph, and the Secretary shall perform the 
functions of the Secretary of Defense under sub-
section (d) thereof’’ and inserting ‘‘under section 
2371b of title 10, United States Code, and the 
Secretary shall perform the functions of the Sec-
retary of Defense as prescribed.’’; 
(2) in subsection (c)— 
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695 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by striking ‘‘2017’’ 
and inserting ‘‘2022’’; and 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) REPORT.—The Secretary shall annually 
submit to the Committee on Homeland Security and 
the Committee on Science, Space, and Technology of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate a report detailing the projects for which the 
authority granted by subsection (a) was utilized, the 
rationale for such utilizations, the funds spent uti-
lizing such authority, the extent of cost-sharing for 
such projects among Federal and non-Federal sources, 
the extent to which utilization of such authority has 
addressed a homeland security capability gap or 
threat to the homeland identified by the Department, 
the total amount of payments, if any, that were re-
ceived by the Federal Government as a result of the 
utilization of such authority during the period cov-
ered by each such report, the outcome of each project 
for which such authority was utilized, and the results 
of any audits of such projects.’’; 
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696 
(3) in subsection (d), by striking ‘‘as defined in 
section 845(e) of the National Defense Authorization 
Act for Fiscal Year 1994 (Public Law 103–160; 10 
U.S.C. 2371 note)’’ and inserting ‘‘as defined in sec-
tion 2371b(e) of title 10, United States Code.’’; and 
(4) by adding at the end the following: 
‘‘(e) TRAINING.—The Secretary shall develop a train-
ing program for acquisitions staff on the utilization of the 
authority provided under subsection (a) to ensure account-
ability and effective management of projects consistent with 
the Program Management Improvement Accountability Act 
(Public Law 114–264; 130 Stat. 1371) and the amendments 
made by such Act.’’. 
(c) NO ADDITIONAL FUNDS AUTHORIZED.—No addi-
tional funds are authorized to carry out the requirements 
of this section and the amendments made by this section. 
Such requirements shall be carried out using amounts oth-
erwise authorized. 
SEC. 1138. CYBERSECURITY TALENT EXCHANGE. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘congressional homeland security 
committees’’ means— 
(A) the Committee on Homeland Security 
and Governmental Affairs and the Committee on 
Appropriations of the Senate; and 
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(B) the Committee on Homeland Security 
and the Committee on Appropriations of the 
House of Representatives; 
(2) the term ‘‘Department’’ means the Depart-
ment of Homeland Security; and 
(3) the term ‘‘Secretary’’ means the Secretary of 
Homeland Security. 
(b) CYBERSECURITY TALENT EXCHANGE PILOT PRO-
GRAM.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall 
commence carrying out a cybersecurity talent ex-
change pilot program. 
(2) DELEGATION.—The Secretary may delegate 
any authority under this section to the Director of the 
Cybersecurity and Infrastructure Security Agency of 
the Department. 
(c) APPOINTMENT AUTHORITY.— 
(1) IN GENERAL.—Under regulations prescribed 
by the Secretary for the purpose of carrying out the 
pilot program established under subsection (b), the 
Secretary may, with the agreement of a private-sector 
organization and the consent of the employee, arrange 
for the temporary assignment of an employee to the 
private-sector organization, or from the private-sector 
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organization to a Department organization under 
this section. 
(2) ELIGIBLE EMPLOYEES.—Employees partici-
pating in the pilot program established under sub-
section (b) shall have significant education, skills, or 
experience relating to cybersecurity. 
(3) AGREEMENTS.— 
(A) IN GENERAL.—The Secretary shall pro-
vide for a written agreement among the Depart-
ment, the private-sector organization, and the 
employee concerned regarding the terms and con-
ditions of the assignment of the employee under 
this section, which— 
(i) shall require that the employee of 
the Department, upon completion of the as-
signment, will serve in the Department, or 
elsewhere in the civil service if approved by 
the Secretary, for a period equal to twice 
the length of the assignment; 
(ii) shall provide that if the employee 
of the Department or of the private-sector 
organization, as the case may be, fails to 
carry out the agreement, the employee shall 
be liable to the United States for payment 
of all expenses of the assignment, unless that 
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699 
failure was for good and sufficient reason, 
as determined by the Secretary; 
(iii) shall contain language ensuring 
that the employee of the Department does 
not improperly use pre-decisional or draft 
deliberative information that the employee 
may be privy to or aware of related to De-
partment 
programing, 
budgeting, 
resourcing, acquisition, or procurement for 
the benefit or advantage of the private-sector 
organization; and 
(iv) shall cover matters relating to con-
fidentiality, intellectual property rights, 
and such other matters as the Secretary 
considers appropriate. 
(B) LIABILITY.—An amount for which an 
employee is liable under subparagraph (A)(ii) 
shall be treated as a debt due the United States. 
(C) WAIVER.—The Secretary may waive, in 
whole or in part, collection of a debt described in 
subparagraph (B) based on a determination that 
the collection would be against equity and good 
conscience and not in the best interests of the 
United States, after taking into account any in-
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700 
dication of fraud, misrepresentation, fault, or 
lack of good faith on the part of the employee. 
(4) TERMINATION.—An assignment under this 
subsection may, at any time and for any reason, be 
terminated by the Department or the private-sector 
organization concerned. 
(5) DURATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), an assignment under this 
subsection shall be for a period of not less than 
3 months and not more than 2 years, and renew-
able up to a total of 4 years. 
(B) EXCEPTION.—An assignment under this 
subsection may be for a period in excess of 2 
years, but not more than 4 years, if the Sec-
retary determines that the assignment is nec-
essary to meet critical mission or program re-
quirements. 
(C) LIMITATION.—No employee of the De-
partment may be assigned under this subsection 
for more than a total of 4 years inclusive of all 
assignments. 
(6) STATUS OF FEDERAL EMPLOYEES ASSIGNED 
TO PRIVATE-SECTOR ORGANIZATIONS.— 
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701 
(A) IN GENERAL.—An employee of the De-
partment who is assigned to a private-sector or-
ganization under this subsection shall be consid-
ered, during the period of assignment, to be on 
detail to a regular work assignment in the De-
partment for all purposes. 
(B) WRITTEN
AGREEMENT.—The written 
agreement established under paragraph (3) shall 
address the specific terms and conditions related 
to the continued status of the employee as a Fed-
eral employee. 
(C) CERTIFICATION.—In establishing a tem-
porary assignment of an employee of the Depart-
ment to a private-sector organization, the Sec-
retary shall— 
(i) ensure that the normal duties and 
functions of the employee can be reasonably 
performed by other employees of the Depart-
ment without the transfer or reassignment 
of other personnel of the Department; and 
(ii) certify that the temporary assign-
ment of the employee shall not have an ad-
verse or negative impact on organizational 
capabilities associated with the assignment. 
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702 
(7) TERMS AND CONDITIONS FOR PRIVATE-SEC-
TOR EMPLOYEES.—An employee of a private-sector 
organization who is assigned to a Department organi-
zation under this subsection— 
(A) shall continue to receive pay and bene-
fits from the private-sector organization from 
which the employee is assigned and shall not re-
ceive pay or benefits from the Department, ex-
cept as provided in subparagraph (B); 
(B) is deemed to be an employee of the De-
partment for the purposes of— 
(i) chapters 73 and 81 of title 5, 
United States Code; 
(ii) sections 201, 203, 205, 207, 208, 
209, 603, 606, 607, 643, 654, 1905, and 
1913 of title 18, United States Code; 
(iii) sections 1343, 1344, and 1349(b) 
of title 31, United States Code; 
(iv) chapter 171 of title 28, United 
States Code (commonly known as the ‘‘Fed-
eral Tort Claims Act’’) and any other Fed-
eral tort liability statute; 
(v) the Ethics in Government Act of 
1978 (5 U.S.C. App.); and 
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703 
(vi) chapter 21 of title 41, United 
States Code; 
(C) shall not have access to any trade se-
crets or to any other nonpublic information 
which is of commercial value to the private-sec-
tor organization from which the employee is as-
signed; 
(D) may perform work that is considered 
inherently governmental in nature only when re-
quested in writing by the Secretary; and 
(E) may not be used to circumvent any lim-
itation or restriction on the size of the workforce 
of the Department. 
(8) PROHIBITION
AGAINST
CHARGING
CERTAIN 
COSTS TO THE FEDERAL GOVERNMENT.—A private- 
sector organization may not charge the Department 
or any other agency of the Federal Government, as di-
rect or indirect costs under a Federal contract, the 
costs of pay or benefits paid by the organization to 
an employee assigned to a Department organization 
under this subsection for the period of the assignment. 
(9) EXPENSES.— 
(A) IN GENERAL.—The Secretary may pay 
for travel and other work-related expenses associ-
ated with individuals participating in the pilot 
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704 
program established under subsection (b). The 
Secretary shall not pay for lodging or per diem 
expenses for employees of a private sector organi-
zation, unless such expenses are in furtherance of 
work-related travel other than participating in 
the pilot program. 
(B) BACKGROUND INVESTIGATION.—A pri-
vate person supporting an individual partici-
pating in the pilot program may pay for a back-
ground investigation associated with the partici-
pation of the individual in the pilot program. 
(10) MAXIMUM NUMBER OF PARTICIPANTS.—Not 
more than 250 individuals may concurrently partici-
pate in the pilot program established under subsection 
(b). 
(d) DETAILING OF PARTICIPANTS.—With the consent 
of an individual participating in the pilot program estab-
lished under subsection (b), the Secretary may, under the 
pilot program, detail the individual to another Federal de-
partment or agency. 
(e) SUNSET.—The pilot program established under 
subsection (b) shall terminate on the date that is 7 years 
after the date of enactment of this Act. 
(f) REPORTS.— 
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706 
Subtitle C—Other Matters 
SEC. 1141. PROTECTION OF PERSONALLY IDENTIFIABLE IN-
FORMATION. 
Paragraph (2) of section 431(c) of the Tariff Act of 
1930 (19 U.S.C. 1431(c)) is amended to read as follows: 
‘‘(2)(A) The information listed in paragraph (1) shall 
not be available for public disclosure if— 
‘‘(i) the Secretary of the Treasury makes an af-
firmative finding on a shipment-by-shipment basis 
that disclosure is likely to pose a threat of personal 
injury or property damage; or 
‘‘(ii) the information is exempt under the provi-
sions of section 552(b)(1) of title 5, United States 
Code. 
‘‘(B) The Commissioner of U.S. Customs and Border 
Protection shall ensure that any personally identifiable in-
formation, including social security numbers, passport 
numbers, and residential addresses, is removed from any 
manifest signed, produced, delivered, or transmitted under 
this section before the manifest is disclosed to the public.’’. 
SEC. 1142. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) REPEAL OF DIRECTOR OF SHARED SERVICES AND 
OFFICE OF COUNTERNARCOTICS ENFORCEMENT OF DE-
PARTMENT OF HOMELAND SECURITY.— 
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(1) ABOLISHMENT
OF
DIRECTOR
OF
SHARED 
SERVICES.— 
(A) ABOLISHMENT.—The position of Direc-
tor of Shared Services of the Department of 
Homeland Security is abolished. 
(B) CONFORMING AMENDMENT.—The Home-
land Security Act of 2002 (6 U.S.C. 101 et seq.) 
is amended by striking section 475 (6 U.S.C. 
295). 
(C) CLERICAL AMENDMENT.—The table of 
contents in section 1(b) of the Homeland Secu-
rity Act of 2002 (Public Law 107–296; 116 Stat. 
2135) is amended by striking the item relating 
to section 475. 
(2) ABOLISHMENT OF THE OFFICE OF COUNTER-
NARCOTICS ENFORCEMENT.— 
(A) ABOLISHMENT.—The Office of Counter-
narcotics Enforcement is abolished. 
(B) 
CONFORMING
AMENDMENTS.—The 
Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended— 
(i) in subparagraph (B) of section 
843(b)(1) (6 U.S.C. 413(b)(1)), by striking 
‘‘by—’’ and all that follows through the end 
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708 
of that subparagraph and inserting ‘‘by the 
Secretary; and’’; and 
(ii) by striking section 878 (6 U.S.C. 
458). 
(C) CLERICAL AMENDMENT.—The table of 
contents in section 1(b) of the Homeland Secu-
rity Act of 2002 (Public Law 107–296; 116 Stat. 
2135) is amended by striking the item relating 
to section 878. 
(b) OTHER TECHNICAL
AND CONFORMING AMEND-
MENTS.— 
(1) TITLE I.—Section 103 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 113), as amended by this 
Act, is further amended— 
(A) in subsection (a)(1)(E), by striking ‘‘the 
Bureau of’’ and inserting ‘‘United States’’; and 
(B) in subsection (d)(4), as redesignated by 
section 1117(f), by striking ‘‘section 708’’ and 
inserting ‘‘section 707’’. 
(2) TITLE VII.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.) is amended— 
(A) in subsection (c) of section 702 (6 
U.S.C. 342), as redesignated by section 1103, 
strike paragraph (4); 
(B) by striking section 706 (6 U.S.C. 346); 
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(C) by redesignating sections 707, 708, and 
709 as sections 706, 707, and 708, respectively; 
and 
(D) in section 708(c)(3), as so redesignated, 
by striking ‘‘section 707’’ and inserting ‘‘section 
706’’. 
(3) TITLE VIII.—Title VIII of the Homeland Se-
curity Act of 2002 (6 U.S.C. 361 et seq.) is amend-
ed— 
(A) by striking section 857 (6 U.S.C. 427); 
(B) by redesignating section 858 as section 
857; 
(C) by striking section 872 (6 U.S.C. 452); 
and 
(D) by striking section 881 (6 U.S.C. 461). 
(4) TITLE XVI.—Section 1611(d)(1) of the Home-
land Security Act of 2002 (6 U.S.C. 563(d)(1)) is 
amended by striking ‘‘section 707’’ and inserting 
‘‘section 706’’. 
(5) TABLE OF CONTENTS.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 
(Public Law 107–296; 116 Stat. 2135) is amended— 
(A) by striking the items relating to sections 
706 through 709 and inserting the following: 
‘‘Sec. 706. Quadrennial homeland security review. 
‘‘Sec. 707. Joint task forces. 
‘‘Sec. 708. Office of Strategy, Policy, and Plans.’’; 
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(B) by striking the items relating to sections 
857 and 858 and inserting the following: 
‘‘Sec. 857. Identification of new entrants into the Federal marketplace.’’; 
(C) by striking the item relating to section 
872; and 
(D) by striking the item relating to section 
881. 
TITLE 
II—DEPARTMENT 
OF 
HOMELAND SECURITY ACQUI-
SITION ACCOUNTABILITY AND 
EFFICIENCY 
SEC. 1201. DEFINITIONS. 
(a) IN GENERAL.—Section 2 of the Homeland Security 
Act of 2002 (6 U.S.C. 101) is amended— 
(1) by redesignating paragraphs (14) through 
(20) as paragraphs (28) through (34), respectively; 
(2) by redesignating paragraph (13) as para-
graph (26); 
(3) by redesignating paragraphs (9) through (12) 
as paragraphs (21) through (24), respectively; 
(4) by redesignating paragraphs (4) through (8) 
as paragraphs (15) through (19), respectively; 
(5) by redesignating paragraphs (1), (2), and (3) 
as paragraphs (7), (8), and (9), respectively; 
(6) by inserting before paragraph (7), as so re-
designated, the following: 
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‘‘(1) The term ‘acquisition’ has the meaning 
given the term in section 131 of title 41, United 
States Code. 
‘‘(2) The term ‘acquisition decision authority’ 
means the authority held by the Secretary, acting 
through the Under Secretary for Management, to— 
‘‘(A) ensure compliance with Federal law, 
the Federal Acquisition Regulation, and Depart-
ment acquisition management directives; 
‘‘(B) review, including approving, pausing, 
modifying, or canceling, an acquisition through-
out the life cycle of the acquisition; 
‘‘(C) ensure that acquisition program man-
agers have the resources necessary to successfully 
execute an approved acquisition program; 
‘‘(D) ensure good acquisition program man-
agement of cost, schedule, risk, and system per-
formance of the acquisition program at issue, in-
cluding assessing acquisition program baseline 
breaches and directing any corrective action for 
those breaches; and 
‘‘(E) ensure that acquisition program man-
agers, on an ongoing basis, monitor cost, sched-
ule, and performance against established base-
lines and use tools to assess risks to an acquisi-
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tion program at all phases of the life cycle of the 
acquisition program to avoid and mitigate ac-
quisition program baseline breaches. 
‘‘(3) The term ‘acquisition decision event’ means, 
with respect to an acquisition program, a predeter-
mined point within each of the acquisition phases at 
which the person exercising the acquisition decision 
authority determines whether the acquisition program 
shall proceed to the next phase. 
‘‘(4) The term ‘acquisition decision memo-
randum’ means, with respect to an acquisition, the 
official acquisition decision event record that includes 
a documented record of decisions and assigned actions 
for the acquisition, as determined by the person exer-
cising acquisition decision authority for the acquisi-
tion. 
‘‘(5) The term ‘acquisition program’ means the 
totality of activities directed to accomplish specific 
goals and objectives, which may— 
‘‘(A) provide new or improved capabilities 
in response to approved requirements or sustain 
existing capabilities; and 
‘‘(B) have multiple projects to obtain spe-
cific capability requirements or capital assets. 
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‘‘(6) The term ‘acquisition program baseline’, 
with respect to an acquisition program, means a 
summary of the cost, schedule, and performance pa-
rameters, expressed in standard, measurable, quan-
titative terms, which must be met in order to accom-
plish the goals of the program.’’; 
(7) by inserting after paragraph (9), as so redes-
ignated, the following: 
‘‘(10) The term ‘best practices’, with respect to 
acquisition, means a knowledge-based approach to ca-
pability development that includes, at a minimum— 
‘‘(A) identifying and validating needs; 
‘‘(B) assessing alternatives to select the most 
appropriate solution; 
‘‘(C) establishing requirements; 
‘‘(D) developing cost estimates and schedules 
that consider the work necessary to develop, plan, 
support, and install a program or solution; 
‘‘(E) identifying sources of funding that 
match resources to requirements; 
‘‘(F) demonstrating technology, design, and 
manufacturing maturity; 
‘‘(G) using milestones and exit criteria or 
specific 
accomplishments 
that 
demonstrate 
progress; 
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‘‘(H) adopting and executing standardized 
processes with known success across programs; 
‘‘(I) ensuring an adequate, well-trained, 
and diverse workforce that is qualified and suffi-
cient in number to perform necessary functions; 
‘‘(J) developing innovative, effective, and ef-
ficient processes and strategies; 
‘‘(K) integrating risk management and 
mitigation techniques for national security con-
siderations; and 
‘‘(L) integrating the capabilities described 
in subparagraphs (A) through (K) into the mis-
sion and business operations of the Department. 
‘‘(11) The term ‘breach’ means a failure to meet 
any cost, schedule, or performance threshold specified 
in the most recently approved acquisition program 
baseline. 
‘‘(12) The term ‘congressional homeland security 
committees’ means— 
‘‘(A) the Committee on Homeland Security 
of the House of Representatives and the Com-
mittee on Homeland Security and Governmental 
Affairs of the Senate; and 
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‘‘(B) the Committee on Appropriations of 
the House of Representatives and the Committee 
on Appropriations of the Senate. 
‘‘(13) The term ‘Component Acquisition Execu-
tive’ means the senior acquisition official within a 
component who is designated in writing by the Under 
Secretary for Management, in consultation with the 
component head, with authority and responsibility for 
leading a process and staff to provide acquisition and 
program management oversight, policy, and guidance 
to ensure that statutory, regulatory, and higher level 
policy requirements are fulfilled, including compli-
ance with Federal law, the Federal Acquisition Regu-
lation, and Department acquisition management di-
rectives established by the Under Secretary for Man-
agement. 
‘‘(14) The term ‘cost-type contract’ means a con-
tract that— 
‘‘(A) provides for payment of allowable in-
curred costs, to the extent prescribed in the con-
tract; and 
‘‘(B) establishes an estimate of total cost for 
the purpose of obligating funds and establishing 
a ceiling that the contractor may not exceed, ex-
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716 
cept at the risk of the contractor, without the ap-
proval of the contracting officer.’’; 
(8) by inserting after paragraph (19), as so re-
designated, the following: 
‘‘(20) The term ‘fixed-price contract’ means a 
contract that provides for a firm price or, in appro-
priate cases, an adjustable price.’’; 
(9) by inserting after paragraph (24), as so re-
designated, the following: 
‘‘(25) The term ‘life cycle cost’ means the total 
cost of an acquisition, including all relevant costs re-
lated to acquiring, owning, operating, maintaining, 
and disposing of the system, project, service, or prod-
uct over a specified period of time.’’; and 
(10) by inserting after paragraph (26), as so re-
designated, the following: 
‘‘(27) The term ‘major acquisition program’ 
means a Department acquisition program that is esti-
mated by the Secretary or a designee of the Secretary 
to require an eventual total expenditure of not less 
than $300,000,000 (based on fiscal year 2017 con-
stant dollars) over the life cycle cost of the program.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—Sec-
tion 501(13) of the Homeland Security Act of 2002 (6 
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717 
U.S.C. 311(13)) is amended by striking ‘‘section 2(13)(B)’’ 
and inserting ‘‘section 2(26)(B)’’. 
Subtitle A—Acquisition Authorities 
SEC. 1211. ACQUISITION AUTHORITIES FOR UNDER SEC-
RETARY FOR MANAGEMENT OF THE DEPART-
MENT OF HOMELAND SECURITY. 
Section 701 of the Homeland Security Act of 2002 (6 
U.S.C. 341) is amended— 
(1) in subsection (a)(2), by inserting ‘‘and acqui-
sition management’’ after ‘‘Procurement’’; 
(2) by redesignating subsection (d), the first sub-
section (e) (relating to the system for award manage-
ment consultation), and the second subsection (e) (re-
lating to the definition of interoperable communica-
tions) as subsections (e), (f), and (g), respectively; and 
(3) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) ACQUISITION
AND
RELATED
RESPONSIBIL-
ITIES.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a) of section 1702 of title 41, United States Code, the 
Under Secretary for Management— 
‘‘(A) is the Chief Acquisition Officer of the 
Department; 
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‘‘(B) shall have the authorities and perform 
the functions specified in subsection (b) of such 
section; and 
‘‘(C) shall perform all other functions and 
responsibilities delegated by the Secretary or de-
scribed in this subsection. 
‘‘(2) FUNCTIONS
AND
RESPONSIBILITIES.—In 
addition to the authorities and functions specified in 
section 1702(b) of title 41, United States Code, the 
functions and responsibilities of the Under Secretary 
for Management related to acquisition include the fol-
lowing: 
‘‘(A) Advising the Secretary regarding ac-
quisition management activities, taking into ac-
count risks of failure to achieve cost, schedule, or 
performance parameters, to ensure that the De-
partment achieves the mission of the Department 
through the adoption of widely accepted program 
management best practices and standards and, 
where appropriate, acquisition innovation best 
practices. 
‘‘(B) Leading the acquisition oversight body 
of the Department, the Acquisition Review 
Board, and exercising the acquisition decision 
authority to approve, pause, modify, including 
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the rescission of approvals of program mile-
stones, or cancel major acquisition programs, 
unless the Under Secretary delegates that author-
ity to a Component Acquisition Executive pursu-
ant to paragraph (3). 
‘‘(C) Establishing policies for acquisition 
that implement an approach that takes into ac-
count risks of failure to achieve cost, schedule, or 
performance parameters that all components of 
the Department shall comply with, including 
outlining relevant authorities for program man-
agers to effectively manage acquisition programs. 
‘‘(D) Ensuring that each major acquisition 
program has a Department-approved acquisition 
program baseline pursuant to the acquisition 
management policy of the Department. 
‘‘(E) Ensuring that the heads of components 
and Component Acquisition Executives comply 
with Federal law, the Federal Acquisition Regu-
lation, and Department acquisition management 
directives. 
‘‘(F) Providing additional scrutiny and 
oversight for an acquisition that is not a major 
acquisition if— 
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‘‘(i) the acquisition is for a program 
that is important to departmental strategic 
and performance plans; 
‘‘(ii) the acquisition is for a program 
with significant program or policy implica-
tions; and 
‘‘(iii) the Secretary determines that the 
scrutiny and oversight for the acquisition is 
proper and necessary. 
‘‘(G) Ensuring that grants and financial 
assistance are provided only to individuals and 
organizations 
that 
are 
not 
suspended 
or 
debarred. 
‘‘(H) Distributing guidance throughout the 
Department to ensure that contractors involved 
in acquisitions, particularly contractors that ac-
cess the information systems and technologies of 
the Department, adhere to relevant Department 
policies related to physical and information se-
curity as identified by the Under Secretary for 
Management. 
‘‘(I) Overseeing the Component Acquisition 
Executive organizational structure to ensure 
Component Acquisition Executives have suffi-
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cient capabilities and comply with Department 
acquisition policies. 
‘‘(J) Ensuring acquisition decision memo-
randa adequately document decisions made at 
acquisition decision events, including the ration-
ale for decisions made to allow programs to devi-
ate from the requirement to obtain approval by 
the Department for certain documents at acqui-
sition decision events. 
‘‘(3) DELEGATION OF ACQUISITION DECISION AU-
THORITY.— 
‘‘(A) LEVEL 3 ACQUISITIONS.—The Under 
Secretary for Management may delegate acquisi-
tion decision authority in writing to the relevant 
Component Acquisition Executive for an acquisi-
tion program that has a life cycle cost estimate 
of less than $300,000,000. 
‘‘(B) LEVEL 2 ACQUISITIONS.—The Under 
Secretary for Management may delegate acquisi-
tion decision authority in writing to the relevant 
Component Acquisition Executive for a major 
acquisition program that has a life cycle cost es-
timate of not less than $300,000,000 but not 
more than $1,000,000,000 if all of the following 
requirements are met: 
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‘‘(i) The component concerned possesses 
working policies, processes, and procedures 
that are consistent with Department-level 
acquisition policy. 
‘‘(ii) The Component Acquisition Exec-
utive concerned has a well-trained and ex-
perienced workforce, commensurate with the 
size of the acquisition program and related 
activities delegated to the Component Acqui-
sition Executive by the Under Secretary for 
Management. 
‘‘(iii) Each major acquisition con-
cerned has written documentation showing 
that the acquisition has a Department-ap-
proved acquisition program baseline and 
the acquisition is meeting agreed-upon cost, 
schedule, and performance thresholds. 
‘‘(4) RELATIONSHIP TO UNDER SECRETARY FOR 
SCIENCE AND TECHNOLOGY.— 
‘‘(A) IN
GENERAL.—Nothing in this sub-
section shall diminish the authority granted to 
the Under Secretary for Science and Technology 
under this Act. The Under Secretary for Man-
agement and the Under Secretary for Science 
and Technology shall cooperate in matters re-
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lated to the coordination of acquisitions across 
the Department so that investments of the Direc-
torate of Science and Technology are able to sup-
port current and future requirements of the com-
ponents of the Department. 
‘‘(B) TESTING
AND
EVALUATION
ACQUISI-
TION
SUPPORT.—The 
Under 
Secretary 
for 
Science and Technology shall— 
‘‘(i) ensure, in coordination with rel-
evant component heads, that all relevant ac-
quisition programs— 
‘‘(I) complete reviews of oper-
ational requirements to ensure the re-
quirements are measurable, testable, 
and achievable within the constraints 
of cost and schedule; 
‘‘(II) integrate applicable stand-
ards into development specifications; 
‘‘(III) complete systems engineer-
ing reviews and technical assessments 
during development to inform produc-
tion and deployment decisions; 
‘‘(IV) complete independent test-
ing and evaluation of technologies and 
systems; 
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‘‘(V) use independent verification 
and validation of operational testing 
and evaluation implementation and re-
sults; and 
‘‘(VI) document whether such pro-
grams meet all performance require-
ments included in their acquisition 
program baselines; 
‘‘(ii) ensure that such operational test-
ing and evaluation includes all system com-
ponents and incorporates operators into the 
testing to ensure that systems perform as 
intended in the appropriate operational set-
ting; and 
‘‘(iii) determine if testing conducted by 
other Federal agencies and private entities 
is relevant and sufficient in determining 
whether systems perform as intended in the 
operational setting.’’. 
SEC. 1212. ACQUISITION AUTHORITIES FOR CHIEF FINAN-
CIAL OFFICER OF THE DEPARTMENT OF 
HOMELAND SECURITY. 
Section 702(a) of the Homeland Security Act of 2002 
(6 U.S.C. 342(a)) is amended— 
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725 
(1) by striking ‘‘The Chief’’ and inserting the fol-
lowing: 
‘‘(1) FUNCTIONS.—The Chief’’; and 
(2) by adding at the end the following: 
‘‘(2) ACQUISITION AUTHORITIES.—The Chief Fi-
nancial Officer, in coordination with the Under Sec-
retary for Management, shall oversee the costs of ac-
quisition programs and related activities to ensure 
that actual and planned costs are in accordance with 
budget estimates and are affordable, or can be ade-
quately funded, over the life cycle of such programs 
and activities.’’. 
SEC. 1213. ACQUISITION AUTHORITIES FOR CHIEF INFOR-
MATION OFFICER OF THE DEPARTMENT OF 
HOMELAND SECURITY. 
Section 703 of the Homeland Security Act of 2002 (6 
U.S.C. 343), as amended by section 1104, is amended by 
adding at the end the following: 
‘‘(d) ACQUISITION RESPONSIBILITIES.—The acquisi-
tion responsibilities of the Chief Information Officer shall 
include— 
‘‘(1) overseeing the management of the Homeland 
Security Enterprise Architecture and ensuring that, 
before each acquisition decision event, approved infor-
mation technology acquisitions comply with depart-
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mental information technology management processes, 
technical requirements, and the Homeland Security 
Enterprise Architecture, and in any case in which in-
formation technology acquisitions do not comply with 
the management directives of the Department, making 
recommendations to the Acquisition Review Board re-
garding that noncompliance; and 
‘‘(2) being responsible for— 
‘‘(A) providing recommendations to the Ac-
quisition Review Board regarding information 
technology programs; and 
‘‘(B) developing information technology ac-
quisition strategic guidance.’’. 
SEC. 1214. ACQUISITION AUTHORITIES FOR PROGRAM AC-
COUNTABILITY AND RISK MANAGEMENT. 
(a) IN GENERAL.—Title VII of the Homeland Security 
Act of 2002 (6 U.S.C. 341 et seq.), as amended by section 
1132, is amended by adding at the end the following: 
‘‘SEC. 716. ACQUISITION AUTHORITIES FOR PROGRAM AC-
COUNTABILITY AND RISK MANAGEMENT. 
‘‘(a) ESTABLISHMENT OF OFFICE.—There is in the 
Management Directorate of the Department an office to be 
known as ‘Program Accountability and Risk Management’, 
which shall— 
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‘‘(1) provide accountability, standardization, 
and transparency of major acquisition programs of 
the Department; and 
‘‘(2) serve as the central oversight function for 
all Department acquisition programs. 
‘‘(b) RESPONSIBILITIES OF EXECUTIVE DIRECTOR.— 
The Program Accountability and Risk Management shall 
be led by an Executive Director to oversee the requirement 
under subsection (a), who shall report directly to the Under 
Secretary for Management, serve as the executive secretary 
for the Acquisition Review Board, and carry out the fol-
lowing responsibilities: 
‘‘(1) Monitor the performance of Department ac-
quisition programs between acquisition decision 
events to identify problems with cost, performance, or 
schedule that components may need to address to pre-
vent cost overruns, performance issues, or schedule 
delays. 
‘‘(2) Assist the Under Secretary for Management 
in managing the acquisition programs and related 
activities of the Department. 
‘‘(3) Conduct oversight of individual acquisition 
programs to implement Department acquisition pro-
gram policy, procedures, and guidance with a pri-
ority on ensuring the data the office collects and 
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maintains from Department components is accurate 
and reliable. 
‘‘(4) Coordinate the acquisition life cycle review 
process for the Acquisition Review Board. 
‘‘(5) Advise the persons having acquisition deci-
sion authority in making acquisition decisions con-
sistent with all applicable laws and in establishing 
lines of authority, accountability, and responsibility 
for acquisition decision making within the Depart-
ment. 
‘‘(6) Support the Chief Procurement Officer in 
developing strategies and specific plans for hiring, 
training, and professional development in order to 
improve the acquisition workforce of the Department. 
‘‘(7) In consultation with Component Acquisi-
tion Executives— 
‘‘(A) develop standards for the designation 
of key acquisition positions with major acquisi-
tion program management offices and on the 
Component Acquisition Executive support staff; 
and 
‘‘(B) provide requirements and support to 
the Chief Procurement Officer in the planning, 
development, and maintenance of the Acquisition 
Career Management Program of the Department. 
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‘‘(8) In the event that a certification or action 
of an acquisition program manager needs review for 
purposes of promotion or removal, provide input, in 
consultation with the relevant Component Acquisition 
Executive, into the performance evaluation of the rel-
evant acquisition program manager and report posi-
tive or negative experiences to the relevant certifying 
authority. 
‘‘(9) Provide technical support and assistance to 
Department acquisition programs and acquisition 
personnel and coordinate with the Chief Procurement 
Officer on workforce training and development activi-
ties. 
‘‘(c) RESPONSIBILITIES OF COMPONENTS.—Each head 
of a component shall— 
‘‘(1) comply with Federal law, the Federal Ac-
quisition Regulation, and Department acquisition 
management directives established by the Under Sec-
retary for Management; and 
‘‘(2) for each major acquisition program— 
‘‘(A) define baseline requirements and docu-
ment changes to such requirements, as appro-
priate; 
‘‘(B) develop a life cycle cost estimate that 
is consistent with best practices identified by the 
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Comptroller General of the United States and es-
tablish a complete life cycle cost estimate with 
supporting documentation, including an acquisi-
tion program baseline; 
‘‘(C) verify each life cycle cost estimate 
against independent cost estimates, and reconcile 
any differences; 
‘‘(D) complete a cost-benefit analysis with 
supporting documentation; 
‘‘(E) develop and maintain a schedule that 
is consistent with scheduling best practices as 
identified by the Comptroller General of the 
United States, including, in appropriate cases, 
an integrated master schedule; and 
‘‘(F) ensure that all acquisition program 
information provided by the component is com-
plete, accurate, timely, and valid. 
‘‘SEC. 717. ACQUISITION DOCUMENTATION. 
‘‘(a) IN GENERAL.—For each major acquisition pro-
gram, the Secretary, acting through the Under Secretary 
for Management, shall require the head of a relevant compo-
nent or office to— 
‘‘(1) maintain acquisition documentation that is 
complete, accurate, timely, and valid, and that in-
cludes, at a minimum— 
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‘‘(A) operational requirements that are vali-
dated consistent with departmental policy and 
changes to those requirements, as appropriate; 
‘‘(B) a complete life cycle cost estimate with 
supporting documentation; 
‘‘(C) verification of the life cycle cost esti-
mate against independent cost estimates, and 
reconciliation of any differences; 
‘‘(D) a cost-benefit analysis with supporting 
documentation; and 
‘‘(E) a schedule, including, as appropriate, 
an integrated master schedule; 
‘‘(2) prepare cost estimates and schedules for 
major acquisition programs under subparagraphs (B) 
and (E) of paragraph (1) in a manner consistent 
with best practices as identified by the Comptroller 
General of the United States; and 
‘‘(3) submit certain acquisition documentation to 
the Secretary to produce a semi-annual Acquisition 
Program Health Assessment of departmental acquisi-
tions for submission to Congress. 
‘‘(b) WAIVER.—The Secretary may waive the require-
ment under subsection (a)(3) on a case-by-case basis with 
respect to any major acquisition program under this section 
for a fiscal year if— 
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‘‘(1) the major acquisition program has not— 
‘‘(A) entered the full rate production phase 
in the acquisition life cycle; 
‘‘(B) had a reasonable cost estimate estab-
lished; and 
‘‘(C) had a system configuration defined 
fully; or 
‘‘(2) the major acquisition program does not 
meet the definition of capital asset, as defined by the 
Director of the Office of Management and Budget. 
‘‘(c) CONGRESSIONAL OVERSIGHT.—At the same time 
the budget of the President is submitted for a fiscal year 
under section 1105(a) of title 31, United States Code, the 
Secretary shall make information available, as applicable, 
to the congressional homeland security committees regard-
ing the requirement described in subsection (a) in the prior 
fiscal year that includes, with respect to each major acquisi-
tion program for which the Secretary has issued a waiver 
under subsection (b)— 
‘‘(1) the grounds for granting a waiver for the 
program; 
‘‘(2) the projected cost of the program; 
‘‘(3) the proportion of the annual acquisition 
budget of each component or office attributed to the 
program, as available; and 
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‘‘(4) information on the significance of the pro-
gram with respect to the operations and the execution 
of the mission of each component or office described 
in paragraph (3).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of contents in section 1(b) of the Homeland Security 
Act of 2002 (Public Law 107–296; 116 Stat. 2135), as 
amended by section 1132, is amended by inserting after the 
item relating to section 715 the following: 
‘‘Sec. 716. Acquisition authorities for Program Accountability and Risk Manage-
ment. 
‘‘Sec. 717. Acquisition documentation.’’. 
SEC. 1215. ACQUISITION INNOVATION. 
(a) IN GENERAL.—Title VII of the Homeland Security 
Act of 2002 (6 U.S.C. 341 et seq.) as amended by section 
1214, is amended by adding at the end the following: 
‘‘SEC. 718. ACQUISITION INNOVATION. 
‘‘The Under Secretary for Management shall— 
‘‘(1) encourage each of the officers under the di-
rection of the Under Secretary for Management to 
promote innovation and shall designate an individual 
to promote innovation; 
‘‘(2) establish an acquisition innovation lab or 
similar mechanism to improve the acquisition pro-
grams, acquisition workforce training, and existing 
practices of the Department through methods identi-
fied in this section; 
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‘‘(3) test emerging and established acquisition 
best practices for carrying out acquisitions, consistent 
with applicable laws, regulations, and Department 
directives, as appropriate; 
‘‘(4) develop and distribute best practices and 
lessons learned regarding acquisition innovation 
throughout the Department; 
‘‘(5) establish metrics to measure the effectiveness 
of acquisition innovation efforts with respect to cost, 
operational efficiency of the acquisition program, in-
cluding timeframes for executing contracts, and col-
laboration with the private sector, including small- 
and medium-sized businesses; and 
‘‘(6) determine impacts of acquisition innovation 
efforts on the private sector by— 
‘‘(A) engaging with the private sector, in-
cluding small- and medium-sized businesses, to 
provide information and obtain feedback on pro-
curement practices and acquisition innovation 
efforts of the Department; 
‘‘(B) obtaining feedback from the private 
sector on the impact of acquisition innovation ef-
forts of the Department; and 
‘‘(C) incorporating the feedback described in 
subparagraphs (A) and (B), as appropriate, into 
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future acquisition innovation efforts of the De-
partment.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of contents in section 1(b) of the Homeland Security 
Act of 2002 (Public Law 107–296; 116 Stat. 2135), as 
amended by section 1214, is amended by inserting after the 
item relating to section 717 the following: 
‘‘Sec. 718. Acquisition innovation.’’. 
(c) INFORMATION.— 
(1) DEFINITIONS.—In this subsection— 
(A) the term ‘‘congressional homeland secu-
rity committees’’ means— 
(i) the Committee on Homeland Secu-
rity of the House of Representatives and the 
Committee on Homeland Security and Gov-
ernmental Affairs of the Senate; and 
(ii) the Committee on Appropriations 
of the House of Representatives and the 
Committee on Appropriations of the Senate; 
and 
(B) the term ‘‘Department’’ means the De-
partment of Homeland Security. 
(2) REQUIREMENT.—Not later than 90 days 
after the date on which the Secretary of Homeland 
Security submits the annual budget justification for 
the Department for fiscal year 2020 and every fiscal 
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year thereafter through fiscal year 2025, the officers 
under the director of the Under Secretary for Manage-
ment of the Department shall provide a briefing to the 
congressional homeland security committees on the ac-
tivities undertaken in the previous fiscal year in fur-
therance of section 718 of the Homeland Security Act 
of 2002, as added by subsection (a), which shall in-
clude: 
(A) Emerging and existing acquisition best 
practices that were tested within the Department 
during that fiscal year. 
(B) Efforts to distribute best practices and 
lessons learned within the Department, including 
through web-based seminars, training, and fo-
rums, during that fiscal year. 
(C) Metrics captured by the Department 
and aggregate performance information for inno-
vation efforts. 
(D) Performance as measured by the 
metrics established under paragraph (5) of such 
section 718. 
(E) Outcomes of efforts to distribute best 
practices and lessons learned within the Depart-
ment, including through web-based seminars, 
training, and forums. 
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(F) A description of outreach and engage-
ment efforts with the private sector and any im-
pacts of innovative acquisition mechanisms on 
the private sector, including small- and medium- 
sized businesses. 
(G) The criteria used to identify specific ac-
quisition programs or activities to be included in 
acquisition innovation efforts and the outcomes 
of those programs or activities. 
(H) Recommendations, as necessary, to en-
hance acquisition innovation in the Department. 
Subtitle B—Acquisition Program 
Management Discipline 
SEC. 1221. ACQUISITION REVIEW BOARD. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 836. ACQUISITION REVIEW BOARD. 
‘‘(a) IN GENERAL.—The Secretary shall establish an 
Acquisition Review Board (in this section referred to as the 
‘Board’) to— 
‘‘(1) strengthen accountability and uniformity 
within the Department acquisition review process; 
‘‘(2) review major acquisition programs; and 
‘‘(3) review the use of best practices. 
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‘‘(b) COMPOSITION.— 
‘‘(1) CHAIRPERSON.—The Under Secretary for 
Management shall serve as chairperson of the Board. 
‘‘(2) OTHER MEMBERS.—The Secretary shall en-
sure participation by other relevant Department offi-
cials. 
‘‘(c) MEETINGS.— 
‘‘(1) REGULAR
MEETINGS.—The Board shall 
meet regularly for purposes of ensuring all acquisi-
tion programs proceed in a timely fashion to achieve 
mission readiness. 
‘‘(2) OTHER MEETINGS.—The Board shall con-
vene— 
‘‘(A) at the discretion of the Secretary; and 
‘‘(B) at any time— 
‘‘(i) a major acquisition program— 
‘‘(I) requires authorization to pro-
ceed from one acquisition decision 
event to another throughout the acqui-
sition life cycle; 
‘‘(II) is in breach of the approved 
acquisition program baseline of the 
major acquisition program; or 
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‘‘(III) requires additional review, 
as determined by the Under Secretary 
for Management; or 
‘‘(ii) a non-major acquisition program 
requires review, as determined by the Under 
Secretary for Management. 
‘‘(d) RESPONSIBILITIES.—The responsibilities of the 
Board are as follows: 
‘‘(1) Determine whether a proposed acquisition 
program has met the requirements of phases of the ac-
quisition life cycle framework and is able to proceed 
to the next phase and eventual full production and 
deployment. 
‘‘(2) Oversee whether the business strategy, re-
sources, management, and accountability of a pro-
posed acquisition are executable and are aligned to 
strategic initiatives. 
‘‘(3) Support the person with acquisition deci-
sion authority for an acquisition program in deter-
mining the appropriate direction for the acquisition 
at key acquisition decision events. 
‘‘(4) Conduct reviews of acquisitions to ensure 
that the acquisitions are progressing in compliance 
with the approved documents for their current acqui-
sition phases. 
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‘‘(5) Review the acquisition program documents 
of each major acquisition program, including the ac-
quisition program baseline and documentation reflect-
ing consideration of tradeoffs among cost, schedule, 
and performance objectives, to ensure the reliability of 
underlying data. 
‘‘(6) Ensure that practices are adopted and im-
plemented to require consideration of tradeoffs among 
cost, schedule, and performance objectives as part of 
the process for developing requirements for major ac-
quisition programs prior to the initiation of the sec-
ond acquisition decision event, including, at a min-
imum, the following practices: 
‘‘(A) Department officials responsible for 
acquisition, budget, and cost estimating func-
tions are provided with the appropriate oppor-
tunity to develop estimates and raise cost and 
schedule matters before performance objectives 
are established for capabilities when feasible. 
‘‘(B) Full consideration is given to possible 
trade-offs among cost, schedule, and performance 
objectives for each alternative. 
‘‘(e) ACQUISITION PROGRAM BASELINE REPORT RE-
QUIREMENT.—If the person exercising acquisition decision 
authority over a major acquisition program approves the 
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major acquisition program to proceed before the major ac-
quisition program has a Department-approved acquisition 
program baseline, as required by Department policy— 
‘‘(1) the Under Secretary for Management shall 
create and approve an acquisition program baseline 
report regarding such approval; and 
‘‘(2) the Secretary shall— 
‘‘(A) not later than 7 days after the date on 
which the acquisition decision memorandum is 
signed, provide written notice of the decision to 
the appropriate committees of Congress; and 
‘‘(B) not later than 60 days after the date 
on which the acquisition decision memorandum 
is signed, provide the memorandum and a brief-
ing to the appropriate committees of Congress. 
‘‘(f) REPORT.—Not later than 1 year after the date of 
enactment of this section and every year thereafter through 
fiscal year 2022, the Under Secretary for Management shall 
provide information to the appropriate committees of Con-
gress on the activities of the Board for the prior fiscal year 
that includes information relating to— 
‘‘(1) for each meeting of the Board, any acquisi-
tion decision memoranda; 
‘‘(2) the results of the systematic reviews con-
ducted under subsection (d)(4); 
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‘‘(3) the results of acquisition document reviews 
required under subsection (d)(5); and 
‘‘(4) activities to ensure that practices are adopt-
ed and implemented throughout the Department 
under subsection (d)(6).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of contents in section 1(b) of the Homeland Security 
Act of 2002 (Public Law 107–296; 116 Stat. 2135) is 
amended by inserting after the item relating to section 835 
the following: 
‘‘Sec. 836. Acquisition Review Board.’’. 
SEC. 1222. DEPARTMENT LEADERSHIP COUNCILS. 
(a) IN GENERAL.—Subtitle H of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 890B. DEPARTMENT LEADERSHIP COUNCILS. 
‘‘(a) DEPARTMENT LEADERSHIP COUNCILS.— 
‘‘(1) ESTABLISHMENT.—The Secretary may es-
tablish Department leadership councils as the Sec-
retary determines necessary to ensure coordination 
and improve programs and activities of the Depart-
ment. 
‘‘(2) 
FUNCTION.—A 
Department 
leadership 
council shall— 
‘‘(A) serve as a coordinating forum; 
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‘‘(B) advise the Secretary and Deputy Sec-
retary on Department strategy, operations, and 
guidance; 
‘‘(C) establish policies to reduce duplication 
in acquisition programs; and 
‘‘(D) consider and report on such other 
matters as the Secretary or Deputy Secretary 
may direct. 
‘‘(3) RELATIONSHIP
TO
OTHER
FORUMS.—The 
Secretary or Deputy Secretary may delegate the au-
thority to direct the implementation of any decision 
or guidance resulting from the action of a Depart-
ment leadership council to any office, component, co-
ordinator, or other senior official of the Department. 
‘‘(b) JOINT REQUIREMENTS COUNCIL.— 
‘‘(1) DEFINITION OF JOINT REQUIREMENT.—In 
this subsection, the term ‘joint requirement’ means a 
condition or capability of multiple operating compo-
nents of the Department that is required to be met or 
possessed by a system, product, service, result, or com-
ponent to satisfy a contract, standard, specification, 
or other formally imposed document. 
‘‘(2) ESTABLISHMENT.—The Secretary shall es-
tablish within the Department a Joint Requirements 
Council. 
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‘‘(3) MISSION.—In addition to other matters as-
signed to the Joint Requirements Council by the Sec-
retary and Deputy Secretary, the Joint Requirements 
Council shall— 
‘‘(A) identify, assess, and validate joint re-
quirements, including existing systems and asso-
ciated capability gaps, to meet mission needs of 
the Department; 
‘‘(B) ensure that appropriate efficiencies are 
made among life cycle cost, schedule, and per-
formance objectives, and procurement quantity 
objectives, in the establishment and approval of 
joint requirements; and 
‘‘(C) 
make 
prioritized 
capability 
rec-
ommendations for the joint requirements vali-
dated under subparagraph (A) to the Secretary, 
the Deputy Secretary, or the chairperson of a 
Department leadership council designated by the 
Secretary to review decisions of the Joint Re-
quirements Council. 
‘‘(4) CHAIRPERSON.—The Secretary shall ap-
point a chairperson of the Joint Requirements Coun-
cil, for a term of not more than 2 years, from among 
senior officials of the Department as designated by the 
Secretary. 
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‘‘(5) COMPOSITION.—The Joint Requirements 
Council shall be composed of senior officials rep-
resenting components of the Department and other 
senior officials as designated by the Secretary. 
‘‘(6) RELATIONSHIP TO FUTURE YEARS HOME-
LAND SECURITY PROGRAM.—The Secretary shall en-
sure that the Future Years Homeland Security Pro-
gram required under section 874 is consistent with 
the recommendations of the Joint Requirements Coun-
cil required under paragraph (3)(C), as affirmed by 
the Secretary, the Deputy Secretary, or the chair-
person of a Department leadership council designated 
by the Secretary under that paragraph.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of contents in section 1(b) of the Homeland Security 
Act of 2002 (Public Law 107–296; 116 Stat. 2135) is 
amended by inserting after the item relating to section 890A 
the following: 
‘‘Sec. 890B. Department Joint Requirements Council.’’. 
SEC. 1223. EXCLUDED PARTY LIST SYSTEM WAIVERS. 
Not later than 5 days after the date on which the Chief 
Procurement Officer or Chief Financial Officer of the De-
partment of Homeland Security issues a waiver of the re-
quirement that an agency not engage in business with a 
contractor or other recipient of funds listed in the System 
for Award Management, or a successor system, as main-
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746 
tained by the General Services Administration, the Office 
of Legislative Affairs of the Department of Homeland Secu-
rity shall submit to Congress notice of such waiver and an 
explanation for a finding by the Under Secretary for Man-
agement that a compelling reason exists for issuing the 
waiver. 
SEC. 1224. INSPECTOR GENERAL OVERSIGHT OF SUSPEN-
SION AND DEBARMENT. 
The Inspector General of the Department of Homeland 
Security shall— 
(1) conduct audits as determined necessary by 
the Inspector General regarding grant and procure-
ment awards to identify instances in which a con-
tract or grant was improperly awarded to a sus-
pended or debarred entity and whether corrective ac-
tions were taken to prevent recurrence; and 
(2) review the suspension and debarment pro-
gram throughout the Department of Homeland Secu-
rity to assess whether suspension and debarment cri-
teria are consistently applied throughout the Depart-
ment of Homeland Security and whether disparities 
exist in the application of such criteria, particularly 
with respect to business size and categories. 
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SEC. 1225. SUSPENSION AND DEBARMENT PROGRAM AND 
PAST PERFORMANCE. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘congressional homeland security 
committees’’ has the meaning given the term in sec-
tion 2 of the Homeland Security Act of 2002, as 
amended by this Act; 
(2) the term ‘‘Department’’ means the Depart-
ment of Homeland Security; and 
(3) the term ‘‘Secretary’’ means the Secretary of 
Homeland Security. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary shall establish 
a suspension and debarment program that ensures the 
Department and each of the components of the De-
partment comply with the laws, regulations, and 
guidance related to the suspension, debarment, and 
ineligibility of contractors. 
(2) REQUIREMENTS.—The program required to 
be established under paragraph (1) shall include poli-
cies and processes for— 
(A) tracking, reviewing, and documenting 
suspension and debarment decisions, including 
those related to poor performance, fraud, na-
tional security considerations, and other criteria 
determined appropriate by the Secretary; 
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(B) ensuring consideration of and referral 
for suspension, debarment, or other necessary ac-
tions that protect the interests of the Federal 
Government; 
(C) managing and sharing relevant docu-
ments and information on contractors for use 
across the Department; 
(D) requiring timely reporting into depart-
mental and Government-wide databases by the 
suspension and debarment officials of contractor 
suspensions, debarments, or determinations of 
ineligibility, or other relevant information; and 
(E) issuing guidance to implement these 
policies and for the timely implementation of 
agreed upon recommendations from the Inspector 
General of the Department or the Comptroller 
General of the United States. 
(3) ADDITIONAL REQUIREMENTS.—The program 
required to be established under subsection (b)(1) 
shall— 
(A) require that any referral made by a 
contracting official for consideration of actions 
to protect the interests of the Federal Government 
be evaluated by the Suspension and Debarment 
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Official in writing in accordance with applicable 
regulations; and 
(B) develop and require training for all 
contracting officials of the Department on the 
causes for suspension and debarment and com-
plying with departmental and Government-wide 
policies and processes. 
(c) PAST PERFORMANCE REVIEW.— 
(1) IN GENERAL.—The Chief Procurement Offi-
cer of the Department shall require for any solicita-
tion for a competitive contract by a component of the 
Department that the head of contracting activity for 
the component shall include past performance as an 
evaluation factor in the solicitation, consistent with 
applicable laws and regulations and policies estab-
lished by the Chief Procurement Officer. 
(2) REQUIREMENTS.—In carrying out the re-
quirements of paragraph (1), the Chief Procurement 
Officer shall establish departmental policies and pro-
cedures, consistent with applicable laws and regula-
tions, to assess the past performance of contractors 
and relevant subcontractors (including contracts per-
formed at the State or local level) as part of the 
source selection process. 
(3) WAIVERS.— 
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(A) IN GENERAL.—The Chief Procurement 
Officer of the Department may waive a require-
ment under paragraph (1) with respect to a so-
licitation if the Chief Procurement Officer deter-
mines that the waiver is in the best interest of 
the Government. 
(B) NOTIFICATION.—Not later than 30 days 
after the date on which the Chief Procurement 
Officer issues a waiver under subparagraph (A), 
the Secretary shall submit to the congressional 
homeland security committees written notice of 
the waiver, which shall include a description of 
the reasons for the waiver. 
Subtitle 
C—Acquisition 
Program 
Management Accountability and 
Transparency 
SEC. 1231. CONGRESSIONAL NOTIFICATION FOR MAJOR AC-
QUISITION PROGRAMS. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), as 
amended by section 1221, is amended by adding at the end 
the following: 
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‘‘SEC. 837. CONGRESSIONAL NOTIFICATION AND OTHER RE-
QUIREMENTS FOR MAJOR ACQUISITION PRO-
GRAM BREACH. 
‘‘(a) DEFINITION OF APPROPRIATE COMMITTEES OF 
CONGRESS.—In this section, the term ‘appropriate commit-
tees of Congress’ means— 
‘‘(1) the Committee on Homeland Security and 
the Committee on Appropriations of the House of 
Representatives and the Committee on Homeland Se-
curity and Governmental Affairs and the Committee 
on Appropriations of the Senate; and 
‘‘(2) in the case of notice or a report relating to 
the Coast Guard or the Transportation Security Ad-
ministration, the committees described in paragraph 
(1) and the Committee on Transportation and Infra-
structure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate. 
‘‘(b) REQUIREMENTS WITHIN DEPARTMENT IN EVENT 
OF BREACH.— 
‘‘(1) NOTIFICATIONS.— 
‘‘(A) NOTIFICATION
OF
BREACH.—If a 
breach occurs in a major acquisition program, 
the program manager for the program shall no-
tify the Component Acquisition Executive for the 
program, the head of the component concerned, 
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the Executive Director of the Program Account-
ability and Risk Management division, the 
Under Secretary for Management, and the Dep-
uty Secretary not later than 30 calendar days 
after the date on which the breach is identified. 
‘‘(B) NOTIFICATION TO SECRETARY.—If a 
breach occurs in a major acquisition program 
and the breach results in a cost overrun greater 
than 15 percent, a schedule delay greater than 
180 days, or a failure to meet any of the per-
formance thresholds from the cost, schedule, or 
performance parameters specified in the most re-
cently approved acquisition program baseline for 
the program, the Component Acquisition Execu-
tive for the program shall notify the Secretary 
and the Inspector General of the Department not 
later than 5 business days after the date on 
which the Component Acquisition Executive for 
the program, the head of the component con-
cerned, the Executive Director of the Program 
Accountability and Risk Management Division, 
the Under Secretary for Management, and the 
Deputy Secretary are notified of the breach 
under subparagraph (A). 
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‘‘(2) REMEDIATION PLAN AND ROOT CAUSE ANAL-
YSIS.— 
‘‘(A) IN GENERAL.—If a breach occurs in a 
major acquisition program, the program man-
ager for the program shall submit in writing to 
the head of the component concerned, the Execu-
tive Director of the Program Accountability and 
Risk Management division, and the Under Sec-
retary for Management, at a date established by 
the Under Secretary for Management, a remedi-
ation plan and root cause analysis relating to 
the breach and program. 
‘‘(B) REMEDIATION
PLAN.—The remedi-
ation plan required under subparagraph (A) 
shall— 
‘‘(i) explain the circumstances of the 
breach at issue; 
‘‘(ii) provide prior cost estimating in-
formation; 
‘‘(iii) include a root cause analysis 
that determines the underlying cause or 
causes of shortcomings in cost, schedule, or 
performance of the major acquisition pro-
gram with respect to which the breach has 
occurred, including the role, if any, of— 
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‘‘(I) unrealistic performance ex-
pectations; 
‘‘(II) unrealistic baseline esti-
mates for cost or schedule or changes in 
program requirements; 
‘‘(III) immature technologies or 
excessive manufacturing or integration 
risk; 
‘‘(IV) unanticipated design, engi-
neering, manufacturing, or technology 
integration issues arising during pro-
gram performance; 
‘‘(V) changes to the scope of the 
program; 
‘‘(VI) inadequate program fund-
ing or changes in planned out-year 
funding from one 5-year funding plan 
to the next 5-year funding plan as out-
lined in the Future Years Homeland 
Security Program required under sec-
tion 874; 
‘‘(VII) legislative, legal, or regu-
latory changes; or 
‘‘(VIII) inadequate program man-
agement personnel, including lack of 
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sufficient number of staff, training, 
credentials, certifications, or use of best 
practices; 
‘‘(iv) propose corrective action to ad-
dress cost growth, schedule delays, or per-
formance issues; 
‘‘(v) explain the rationale for why a 
proposed corrective action is recommended; 
and 
‘‘(vi) in coordination with the Compo-
nent Acquisition Executive for the program, 
discuss all options considered, including— 
‘‘(I) the estimated impact on cost, 
schedule, or performance of the pro-
gram if no changes are made to cur-
rent requirements; 
‘‘(II) the estimated cost of the pro-
gram if requirements are modified; 
and 
‘‘(III) the extent to which funding 
from other programs will need to be re-
duced to cover the cost growth of the 
program. 
‘‘(3) REVIEW OF CORRECTIVE ACTIONS.— 
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‘‘(A) IN
GENERAL.—The Under Secretary 
for Management— 
‘‘(i) shall review each remediation plan 
required under paragraph (2); and 
‘‘(ii) not later than 30 days after sub-
mission of a remediation plan under para-
graph (2), may approve the plan or provide 
an alternative proposed corrective action. 
‘‘(B) SUBMISSION TO CONGRESS.—Not later 
than 30 days after the date on which the Under 
Secretary for Management completes a review of 
a remediation plan under subparagraph (A), the 
Under Secretary for Management shall submit to 
the appropriate committees of Congress a copy of 
the remediation plan. 
‘‘(c) REQUIREMENTS RELATING TO CONGRESSIONAL 
NOTIFICATION IF BREACH OCCURS.— 
‘‘(1) NOTIFICATION TO CONGRESS.—If a notifica-
tion to the Secretary is made under subsection 
(b)(1)(B) relating to a breach in a major acquisition 
program, the Under Secretary for Management shall 
notify the appropriate committees of Congress of the 
breach in the next semi-annual Acquisition Program 
Health Assessment described in section 717(a)(3) after 
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receipt by the Under Secretary for Management of the 
notification under subsection (b)(1)(B). 
‘‘(2) SIGNIFICANT
VARIANCES
IN
COSTS
OR 
SCHEDULE.—If a likely cost overrun is greater than 
20 percent or a likely delay is greater than 12 months 
from the costs and schedule specified in the acquisi-
tion program baseline for a major acquisition pro-
gram, the Under Secretary for Management shall in-
clude in the notification required under paragraph 
(1) a written certification, with supporting expla-
nation, that— 
‘‘(A) the program is essential to the accom-
plishment of the mission of the Department; 
‘‘(B) there are no alternatives to the capa-
bility or asset provided by the program that will 
provide equal or greater capability in a more 
cost-effective and timely manner; 
‘‘(C) the management structure for the pro-
gram is adequate to manage and control cost, 
schedule, and performance; and 
‘‘(D) includes the date on which the new ac-
quisition schedule and estimates for total acqui-
sition cost will be completed.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of contents in section 1(b) of the Homeland Security 
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Act of 2002 (Public Law 107–296; 116 Stat. 2135), as 
amended by section 1221, is amended by inserting after the 
item relating to section 836 the following: 
‘‘Sec. 837. Congressional notification and other requirements for major acquisi-
tion program breach.’’. 
SEC. 1232. MULTIYEAR ACQUISITION STRATEGY. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), as 
amended by section 1231, is amended by adding at the end 
the following: 
‘‘SEC. 838. MULTIYEAR ACQUISITION STRATEGY. 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this section, the Under Secretary for 
Management shall brief the appropriate congressional com-
mittees on a multiyear acquisition strategy to— 
‘‘(1) guide the overall direction of the acquisi-
tions of the Department while allowing flexibility to 
deal with ever-changing threats and risks; 
‘‘(2) keep pace with changes in technology that 
could impact deliverables; and 
‘‘(3) help industry better understand, plan, and 
align resources to meet the future acquisition needs of 
the Department. 
‘‘(b) UPDATES.—The strategy required under sub-
section (a) shall be updated and included in each Future 
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Years Homeland Security Program required under section 
874. 
‘‘(c) CONSULTATION.—In developing the strategy re-
quired under subsection (a), the Secretary shall, as the Sec-
retary determines appropriate, consult with headquarters, 
components, employees in the field, and individuals from 
industry and the academic community.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of contents in section 1(b) of the Homeland Security 
Act of 2002 (Public Law 107–296; 116 Stat. 2135), as 
amended by section 1231, is amended by inserting after the 
item relating to section 837 the following: 
‘‘Sec. 838. Multiyear acquisition strategy.’’. 
SEC. 1233. REPORT ON BID PROTESTS. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘appropriate committees of Con-
gress’’ has the meaning given the term in section 
837(a) of the Homeland Security Act of 2002, as 
added by section 1231(a); and 
(2) the term ‘‘Department’’ means the Depart-
ment of Homeland Security. 
(b) STUDY AND REPORT.—Not later than 1 year after 
the date of enactment of this Act, the Inspector General of 
the Department shall conduct a study, in consultation with 
the Government Accountability Office when necessary, and 
submit to the appropriate committees of Congress a report 
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tests, as well as delineation of litigation costs, 
filed on major acquisitions with more than 
$100,000,000 
in 
annual 
expenditures 
or 
$300,000,000 in life cycle costs; 
(F) an analysis of how often bid protestors 
are awarded the contract that was the subject of 
the bid protest; 
(G) a summary of the results of bid protests 
in which the Department took unilateral correc-
tive action, including the average time for reme-
dial action to be completed; 
(H) the time it takes the Department to im-
plement corrective actions after a ruling or deci-
sion with respect to a bid protest, and the per-
centage of those corrective actions that are subse-
quently protested, including the outcome of any 
subsequent bid protest; 
(I) an analysis of those contracts with re-
spect to which a company files a bid protest and 
later files a subsequent bid protest; and 
(J) an assessment of the overall time spent 
on preventing and responding to bid protests as 
it relates to the procurement process; and 
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(2) any recommendations by the Inspector Gen-
eral of the Department relating to the study con-
ducted under this section. 
SEC. 1234. PROHIBITION AND LIMITATIONS ON USE OF 
COST-PLUS CONTRACTS. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Department’’ means the Depart-
ment of Homeland Security; and 
(2) the term ‘‘major acquisition program’’ has 
the meaning given the term in section 2 of the Home-
land Security Act of 2002 (6 U.S.C. 101), as amended 
by this Act. 
(b) PROHIBITION.—Not later than 120 days after the 
date of enactment of this Act, the Secretary of Homeland 
Security shall modify the acquisition regulations of the De-
partment to prohibit the use of cost-type contracts, unless 
the head of contracting activity determines in writing 
that— 
(1) a cost-type contract is required by the level 
of program risk; and 
(2) appropriate steps will be taken as soon as 
practicable to reduce that risk so that follow-on con-
tracts for the same product or service can be awarded 
on a fixed-price basis, and delineates those steps in 
writing. 
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(c) MAJOR ACQUISITION PROGRAMS.— 
(1) PROHIBITION.—The Department shall pro-
hibit the use of cost-plus contracts with respect to pro-
curements for the production of major acquisition 
programs. 
(2) LIMITATION ON AUTHORIZING OF COST-TYPE 
CONTRACTS.—The Chief Procurement Officer of the 
Department, in consultation with the Acquisition Re-
view Board required to be established under section 
836 of the Homeland Security Act of 2002, as added 
by section 1221(a), may authorize the use of a cost- 
type contract for a major acquisition program only 
upon a written determination that— 
(A) the major acquisition program is so 
complex and technically challenging that it is 
not practicable to use a contract type other than 
a cost-plus reimbursable contract for the develop-
ment of the major acquisition program; 
(B) all reasonable efforts have been made to 
define the requirements sufficiently to allow for 
the use of a contract type other than a cost-plus 
reimbursable contract for the development of the 
major acquisition program; and 
(C) despite the efforts described in subpara-
graph (B), the Department cannot define re-
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quirements sufficiently to allow for the use of a 
contract type other than a cost-plus reimbursable 
contract for the development of the major acqui-
sition program. 
SEC. 1235. BRIDGE CONTRACTS. 
(a) DEFINITIONS.—In this section— 
(1) the terms ‘‘acquisition program’’ and ‘‘con-
gressional homeland security committees’’ have the 
meanings given those terms in section 2 of the Home-
land Security Act of 2002, as amended by this Act; 
(2) the term ‘‘Department’’ means the Depart-
ment of Homeland Security; and 
(3) the term ‘‘Executive agency’’ has the mean-
ing given the term in section 105 of title 5, United 
States Code. 
(b) POLICIES AND PROCEDURES.—The Chief Procure-
ment Officer of the Department shall develop, in consulta-
tion with the Office of Federal Procurement Policy— 
(1) a common definition of a bridge contract; 
and 
(2) policies and procedures for the Department 
that, to the greatest extent practicable, seek to— 
(A) minimize the use of bridge contracts 
while providing for continuation of services to be 
performed through contracts; and 
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(B) ensure appropriate planning by con-
tracting officials. 
(c) REQUIRED ELEMENTS.—The policies and proce-
dures developed under subsection (b) shall include the fol-
lowing elements: 
(1) Sufficient time and planning to review con-
tract requirements, compete contracts as appropriate, 
enter into contracts, and consider the possibility of 
bid protests. 
(2) For contracts that do not meet timeliness 
standards or that require entering into bridge con-
tracts, contracting officials shall notify the Chief Pro-
curement Officer of the Department and the head of 
the component agency of the Department. 
(3) The Chief Procurement Officer of the Depart-
ment shall approve any bridge contract that lasts 
longer than 6 months, and the head of the component 
agency of the Department shall approve any bridge 
contract that lasts longer than 1 year. 
(d) PUBLIC NOTICE.—The Chief Procurement Officer 
of the Department shall provide public notice not later than 
30 days after entering into a bridge contract, which shall 
include the notice required under subsection (c)(2) to the 
extent that information is available. 
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(e) EXCEPTIONS.—The policies and procedures devel-
oped under subsection (b) shall not apply to— 
(1) service contracts in support of contingency 
operations, humanitarian assistance, or disaster re-
lief; 
(2) service contracts in support of national secu-
rity emergencies declared with respect to named oper-
ations; or 
(3) service contracts entered into pursuant to 
international agreements. 
(f) REPORTS.—Not later than September 30, 2020, 
and by September 30 of each subsequent year thereafter 
until 2025, the Chief Procurement Officer of the Depart-
ment shall submit to the congressional homeland security 
committees and make publicly available on the website of 
the Department a report on the use of bridge contracts for 
all acquisition programs, which shall include— 
(1) a common definition for a bridge contract, if 
in existence, that is used by contracting offices of Ex-
ecutive agencies; 
(2) the total number of bridge contracts entered 
into during the previous fiscal year; 
(3) the estimated value of each contract that re-
quired the use of a bridge contract and the cost of 
each such bridge contract; 
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(4) the reasons for and cost of each bridge con-
tract; 
(5) the types of services or goods being acquired 
under each bridge contract; 
(6) the length of the initial contract that re-
quired the use of a bridge contract, including the base 
and any exercised option years, and the cumulative 
length of any bridge contract or contracts related to 
the initial contract; 
(7) a description of how many of the contracts 
that required bridge contracts were the result of bid 
protests; 
(8) a description of existing statutory, regu-
latory, or agency guidance that the Department fol-
lowed to execute each bridge contract; and 
(9) any other matters determined to be relevant 
by the Chief Procurement Officer of the Department. 
SEC. 1236. ACQUISITION REPORTS. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), as 
amended by section 1232, is amended by adding at the end 
the following: 
‘‘SEC. 839. ACQUISITION POLICIES AND GUIDANCE. 
‘‘(a) 
PROGRAM
ACCOUNTABILITY
REPORT.—The 
Under Secretary for Management shall prepare and submit 
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to the congressional homeland security committees a semi- 
annual program accountability report to meet the mandate 
of the Department to perform program health assessments 
and improve program execution and governance. 
‘‘(b) LEVEL 3 ACQUISITION PROGRAMS OF COMPO-
NENTS OF THE DEPARTMENT.— 
‘‘(1) IDENTIFICATION.—Not later than 60 days 
after the date of enactment of this section, component 
heads of the Department shall identify to the Under 
Secretary for Management all level 3 acquisition pro-
grams of each respective component. 
‘‘(2) CERTIFICATION.—Not later than 30 days 
after receipt of the information under paragraph (1), 
the Under Secretary for Management shall certify in 
writing to the congressional homeland security com-
mittees whether the heads of the components of the De-
partment have properly identified the programs de-
scribed in that paragraph. 
‘‘(3) METHODOLOGY.—To carry out this sub-
section, the Under Secretary shall establish a process 
with a repeatable methodology to continually identify 
level 3 acquisition programs. 
‘‘(c) POLICIES AND GUIDANCE.— 
‘‘(1) SUBMISSION.—Not later than 180 days 
after the date of enactment of this section, the Compo-
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nent Acquisition Executives shall submit to the Under 
Secretary for Management the policies and relevant 
guidance for the level 3 acquisition programs of each 
component. 
‘‘(2) CERTIFICATION.—Not later than 90 days 
after receipt of the policies and guidance under sub-
paragraph (A), the Under Secretary shall certify in 
writing to the congressional homeland security com-
mittees that the policies and guidance of each compo-
nent adhere to Department-wide acquisition poli-
cies.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of contents in section 1(b) of the Homeland Security 
Act of 2002 (Public Law 107–296; 116 Stat. 2135), as 
amended by section 1232, is amended by inserting after the 
item relating to section 838 the following: 
‘‘Sec. 839. Acquisition policies and guidance.’’. 
TITLE III—INTELLIGENCE AND 
INFORMATION SHARING 
Subtitle A—Department of Home-
land Security Intelligence Enter-
prise 
SEC. 1301. HOMELAND INTELLIGENCE DOCTRINE. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land Security Act of 2002 (6 U.S.C. 121 et seq.), as amend-
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ed by section 1601(g) of this Act, is amended by adding 
at the end the following new section: 
‘‘SEC. 210F. HOMELAND INTELLIGENCE DOCTRINE. 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this section, the Secretary, acting 
through the Chief Intelligence Officer of the Department, in 
coordination with intelligence components of the Depart-
ment, the Office of the General Counsel, the Privacy Office, 
and the Office for Civil Rights and Civil Liberties, shall 
develop and disseminate written Department-wide guidance 
for the processing, analysis, production, and dissemination 
of homeland security information (as such term is defined 
in section 892) and terrorism information (as such term 
is defined in section 1016 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 485)). 
‘‘(b) CONTENTS.—The guidance required under sub-
section (a) shall, at a minimum, include the following: 
‘‘(1) A description of guiding principles and 
purposes of the Department’s intelligence enterprise. 
‘‘(2) A summary of the roles and responsibilities, 
if any, of each intelligence component of the Depart-
ment and programs of the intelligence components of 
the Department in the processing, analysis, produc-
tion, and dissemination of homeland security infor-
mation and terrorism information, including relevant 
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authorities and restrictions applicable to each intel-
ligence component of the Department and programs of 
each such intelligence component. 
‘‘(3) Guidance for the processing, analysis, and 
production of such information, including descrip-
tions of component or program specific datasets that 
facilitate the processing, analysis, and production. 
‘‘(4) Guidance for the dissemination of such in-
formation, including within the Department, among 
and between Federal departments and agencies, 
among and between State, local, tribal, and terri-
torial governments, including law enforcement agen-
cies, and with foreign partners and the private sector. 
‘‘(5) A statement of intent regarding how the dis-
semination of homeland security information and ter-
rorism information to the intelligence community (as 
such term is defined in section 3(4) of the National 
Security Act of 1947 (50 U.S.C. 3003(4))) and Fed-
eral law enforcement agencies should assist the intel-
ligence community and Federal law enforcement 
agencies in carrying out their respective missions. 
‘‘(6) A statement of intent regarding how the dis-
semination of homeland security information and ter-
rorism information to State, local, tribal, and terri-
torial government agencies, including law enforcement 
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agencies, should assist the agencies in carrying out 
their respective missions. 
‘‘(c) FORM.—The guidance required under subsection 
(a) shall be disseminated in unclassified form, but may in-
clude a classified annex. 
‘‘(d) ANNUAL REVIEW.—For each of the 5 fiscal years 
beginning with the first fiscal year that begins after the date 
of the enactment of this section, the Secretary shall conduct 
a review of the guidance required under subsection (a) and, 
as appropriate, revise such guidance.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public 
Law 107–296; 116 Stat. 2135), as amended by section 
1601(i) of this Act, is amended by inserting after the item 
relating to section 210E the following new item: 
‘‘Sec. 210F. Homeland intelligence doctrine.’’. 
SEC. 1302. PERSONNEL FOR THE CHIEF INTELLIGENCE OF-
FICER. 
Section 201(e)(1) of the Homeland Security Act of 
2002 (6 U.S.C. 121(e)(1)) is amended by adding at the end 
the following: ‘‘The Secretary shall also provide the Chief 
Intelligence Officer with a staff having appropriate compo-
nent intelligence program expertise and experience to assist 
the Chief Intelligence Officer.’’. 
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SEC. 1303. ANNUAL HOMELAND TERRORIST THREAT AS-
SESSMENTS. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land Security Act of 2002 (6 U.S.C. 121 et seq.), as amend-
ed by this Act, is further amended by adding at the end 
the following new sections: 
‘‘SEC. 210G. HOMELAND TERRORIST THREAT ASSESSMENTS. 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this section and for each of the 
following 5 fiscal years (beginning in the first fiscal year 
that begins after the date of the enactment of this section), 
the Secretary, acting through the Under Secretary for Intel-
ligence and Analysis, and using departmental information, 
including component information coordinated with each in-
telligence component of the Department and programs of 
each such intelligence component, and information provided 
through State and major urban area fusion centers, shall 
conduct an assessment of the terrorist threat to the home-
land. 
‘‘(b) CONTENTS.—Each assessment under subsection 
(a) shall include the following: 
‘‘(1) Empirical data assessing terrorist activities 
and incidents over time in the United States, includ-
ing terrorist activities and incidents planned or sup-
ported by foreign or domestic terrorists or persons 
outside of the United States to occur in the homeland. 
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‘‘(2) An evaluation of current terrorist tactics, as 
well as ongoing and possible future changes in ter-
rorist tactics. 
‘‘(3) An assessment of criminal activity encoun-
tered or observed by officers or employees of compo-
nents which is suspected of financing terrorist activ-
ity. 
‘‘(4) Detailed information on all individuals sus-
pected of involvement in terrorist activity and subse-
quently— 
‘‘(A) prosecuted for a Federal criminal of-
fense, including details of the criminal charges 
involved; 
‘‘(B) placed into removal proceedings, in-
cluding details of the removal processes and 
charges used; 
‘‘(C) denied entry into the United States, 
including details of the denial processes used; or 
‘‘(D) subjected to civil proceedings for rev-
ocation of naturalization. 
‘‘(5) The efficacy and reach of foreign and do-
mestic terrorist organization propaganda, messaging, 
or recruitment, including details of any specific prop-
aganda, messaging, or recruitment that contributed to 
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terrorist activities identified pursuant to paragraph 
(1). 
‘‘(6) An assessment of threats, including cyber 
threats, to the homeland, including to critical infra-
structure and Federal civilian networks. 
‘‘(7) An assessment of current and potential ter-
rorism and criminal threats posed by individuals and 
organized groups seeking to unlawfully enter the 
United States. 
‘‘(8) An assessment of threats to the transpor-
tation sector, including surface and aviation trans-
portation systems. 
‘‘(c) ADDITIONAL INFORMATION.—The assessments re-
quired under subsection (a)— 
‘‘(1) shall, to the extent practicable, utilize exist-
ing component data collected and existing component 
threat assessments; and 
‘‘(2) may incorporate relevant information and 
analysis from other agencies of the Federal Govern-
ment, agencies of State and local governments (in-
cluding law enforcement agencies), as well as the pri-
vate sector, disseminated in accordance with standard 
information sharing procedures and policies. 
‘‘(d) FORM.—The assessments required under sub-
section (a) shall be shared with the appropriate congres-
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sional committees and submitted in unclassified form, but 
may include separate classified annexes, if appropriate. 
‘‘SEC. 210H. REPORT ON TERRORISM PREVENTION ACTIVI-
TIES OF THE DEPARTMENT. 
‘‘(a) ANNUAL REPORT.—Not later than 1 year after 
the date of enactment of this section, and annually there-
after, the Secretary shall submit to Congress an annual re-
port that shall include the following: 
‘‘(1) A description of the status of the programs 
and policies of the Department for countering violent 
extremism and similar activities in the United 
States. 
‘‘(2) A description of the efforts of the Depart-
ment to cooperate with and provide assistance to 
other Federal departments and agencies. 
‘‘(3) Qualitative and quantitative metrics for 
evaluating the success of the programs and policies 
described in paragraph (1) and the steps taken to 
evaluate the success of those programs and policies. 
‘‘(4) An accounting of— 
‘‘(A) grants and cooperative agreements 
awarded by the Department to counter violent 
extremism; and 
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‘‘(B) all training specifically aimed at 
countering violent extremism sponsored by the 
Department. 
‘‘(5) In coordination with the Under Secretary 
for Intelligence and Analysis, an analysis of how the 
activities of the Department to counter violent extre-
mism correspond and adapt to the threat environ-
ment. 
‘‘(6) A summary of how civil rights and civil lib-
erties are protected in the activities of the Department 
to counter violent extremism. 
‘‘(7) An evaluation of the use of grants and coop-
erative agreements awarded under sections 2003 and 
2004 to support efforts of local communities in the 
United States to counter violent extremism, including 
information on the effectiveness of those grants and 
cooperative agreements in countering violent extre-
mism. 
‘‘(8) A description of how the Department incor-
porated lessons learned from the countering violent 
extremism programs and policies and similar activi-
ties of foreign, State, local, tribal, and territorial gov-
ernments and stakeholder communities. 
‘‘(9) A description of the decision process used by 
the Department to rename or refocus the entities 
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within the Department that are focused on the issues 
described in this subsection, including a description of 
the threat basis for that decision. 
‘‘(b) ANNUAL REVIEW.—Not later than 1 year after the 
date of enactment of this section, and annually thereafter, 
the Office for Civil Rights and Civil Liberties of the Depart-
ment shall— 
‘‘(1) conduct a review of the countering violent 
extremism and similar activities of the Department to 
ensure that all such activities of the Department re-
spect the privacy, civil rights, and civil liberties of all 
persons; and 
‘‘(2) make publicly available on the website of 
the Department a report containing the results of the 
review conducted under paragraph (1).’’. 
(b) CONFORMING AMENDMENTS.—The Homeland Se-
curity Act of 2002 (6 U.S.C. 101 et seq.) is amended— 
(1) in section 201(d) (6 U.S.C. 121(d)), by add-
ing at the end the following: 
‘‘(27) To carry out section 210G (relating to 
homeland terrorist threat assessments) and section 
210H (relating to terrorism prevention activities).’’; 
and 
(2) in section 2008(b)(1) (6 U.S.C. 609(b)(1))— 
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(A) in subparagraph (A), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(C) to support any organization or group 
which has knowingly or recklessly funded domes-
tic terrorism or international terrorism (as those 
terms are defined in section 2331 of title 18, 
United States Code) or organization or group 
known to engage in or recruit to such activities, 
as determined by the Secretary in consultation 
with the Administrator, the Under Secretary for 
Intelligence and Analysis, and the heads of other 
appropriate Federal departments and agencies.’’. 
(c) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public 
Law 107–296; 116 Stat. 2135), as amended by section 1301, 
is amended by inserting after the item relating to section 
210F the following: 
‘‘Sec. 210G. Homeland terrorist threat assessments. 
‘‘Sec. 210H. Report on terrorism prevention activities.’’. 
(d) SUNSET.—Effective on the date that is 5 years 
after the date of enactment of this Act— 
(1) section 210H of the Homeland Security Act 
of 2002, as added by subsection (a), is repealed; and 
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(2) the table of contents in section 1(b) of the 
Homeland Security Act of 2002 (Public Law 107– 
296; 116 Stat. 2135) is amended by striking the item 
relating to section 210H. 
SEC. 1304. DEPARTMENT OF HOMELAND SECURITY DATA 
FRAMEWORK. 
(a) IN GENERAL.— 
(1) DEVELOPMENT.—The Secretary of Homeland 
Security shall develop a data framework to integrate 
existing Department of Homeland Security datasets 
and systems, as appropriate, for access by authorized 
personnel in a manner consistent with relevant legal 
authorities and privacy, civil rights, and civil lib-
erties policies and protections. 
(2) REQUIREMENTS.—In developing the frame-
work required under paragraph (1), the Secretary of 
Homeland Security shall ensure, in accordance with 
all applicable statutory and regulatory requirements, 
the following information is included: 
(A) All information acquired, held, or ob-
tained by an office or component of the Depart-
ment of Homeland Security that falls within the 
scope of the information sharing environment, 
including homeland security information, ter-
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rorism information, weapons of mass destruction 
information, and national intelligence. 
(B) Any information or intelligence rel-
evant to priority mission needs and capability 
requirements of the homeland security enterprise, 
as determined appropriate by the Secretary. 
(b) DATA FRAMEWORK ACCESS.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall ensure that the data framework re-
quired under this section is accessible to employees of 
the Department of Homeland Security who the Sec-
retary determines— 
(A) have an appropriate security clearance; 
(B) are assigned to perform a function that 
requires access to information in such frame-
work; and 
(C) are trained in applicable standards for 
safeguarding and using such information. 
(2) GUIDANCE.—The Secretary of Homeland Se-
curity shall— 
(A) issue guidance for Department of 
Homeland Security employees authorized to ac-
cess and contribute to the data framework pursu-
ant to paragraph (1); and 
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(B) ensure that such guidance enforces a 
duty to share between offices and components of 
the Department when accessing or contributing 
to such framework for mission needs. 
(3) EFFICIENCY.—The Secretary of Homeland 
Security shall promulgate data standards and in-
struct components of the Department of Homeland 
Security to make available information through the 
data framework required under this section in a ma-
chine-readable standard format, to the greatest extent 
practicable. 
(c) EXCLUSION OF INFORMATION.—The Secretary of 
Homeland Security may exclude information from the data 
framework if the Secretary determines inclusion of such in-
formation may— 
(1) jeopardize the protection of sources, methods, 
or activities; 
(2) compromise a criminal or national security 
investigation; 
(3) be inconsistent with other Federal laws or 
regulations; or 
(4) be duplicative or not serve an operational 
purpose if included in such framework. 
(d) SAFEGUARDS.—The Secretary of Homeland Secu-
rity shall incorporate into the data framework required 
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