205 
‘‘(H) administer the Cyber Crimes Center, 
as authorized under section 890A of the Home-
land Security Act of 2002 (6 U.S.C. 473); and 
‘‘(I) carry out other duties and powers pre-
scribed by the Director. 
‘‘(g) OFFICE OF ENFORCEMENT AND REMOVAL OP-
ERATIONS.— 
‘‘(1) IN
GENERAL.—There is established in 
United States Immigration and Customs Enforce-
ment the Office of Enforcement and Removal Oper-
ations. 
‘‘(2) EXECUTIVE ASSOCIATE DIRECTOR.—There 
shall be at the head of the Office of Enforcement 
and Removal Operations an Executive Associate Di-
rector, who shall report to the Director. 
‘‘(3) DUTIES.—The Office of Enforcement and 
Removal Operations shall— 
‘‘(A) serve as the law enforcement office of 
U.S. Immigration and Customs Enforcement 
with primary responsibility to enforce the civil 
immigration and nationality laws of the United 
States; 
‘‘(B) identify, locate, and arrest aliens in 
custodial settings or at-large two are subject to 
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206 
exclusion, deportation, or removal from the 
United States; 
‘‘(C) manage the ICE administrative de-
tention operations and provide medical care, 
dental, and mental health services to detained 
aliens in the custody of the agency; 
‘‘(D) detain or release on bond, super-
vision, or other appropriate condition, aliens for 
purposes of exclusion, deportation, or removal 
from the United States; 
‘‘(E) plan, coordinate, and manage the re-
moval from the United States of aliens who are 
subject to exclusion, deportation, or removal 
from the United States; 
‘‘(F) provide law enforcement support serv-
ices to Federal, State, and local law enforce-
ment partner agencies, relating to the identi-
fication, location, and arrest of aliens subject to 
removal from the United States, as well as for-
eign-nationals known or suspected to be in-
volved in criminal activity and under investiga-
tion by these partners; and 
‘‘(G) carry out other duties and powers 
prescribed by the Director. 
‘‘(h) OFFICE OF THE PRINCIPAL LEGAL ADVISOR.— 
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207 
‘‘(1) IN
GENERAL.—There is established in 
United States Immigration and Customs Enforce-
ment the Office of the Principal Legal Advisor. 
‘‘(2) PRINCIPAL LEGAL ADVISOR.—There shall 
be at the head of the Office the Principal Legal Ad-
visor a Principal Legal Advisor, who, for legal mat-
ters, shall report to the General Counsel of the De-
partment. 
‘‘(3) DUTIES.—The Office of the Principal 
Legal Advisor shall— 
‘‘(A) provide specialized legal advice and 
policy guidance to the Director; 
‘‘(B) represent the Department in all ex-
clusion, deportation, and removal proceedings 
before the Executive Office for Immigration Re-
view; 
‘‘(C) represent the United States Immigra-
tion and Customs Enforcement in matters be-
fore the Office of the Chief Administrative 
Hearing Officer; and 
‘‘(D) represent the United States Immigra-
tion and Customs Enforcement in other venues 
and forums as authorized by the Director. 
‘‘(i) OFFICE OF PROFESSIONAL RESPONSIBILITY.— 
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208 
‘‘(1) IN GENERAL.—There is established in the 
United States Immigration and Customs Enforce-
ment the Office of Professional Responsibility. 
‘‘(2) ASSISTANT DIRECTOR.—There shall be at 
the head of the Office of Professional Responsibility 
an Assistant Director, who shall report to the Direc-
tor. 
‘‘(3) DUTIES.—The Office of Professional Re-
sponsibility shall— 
‘‘(A) investigate allegations of administra-
tive, civil, and criminal misconduct involving 
any employee or contractor of United States 
Immigration and Customs Enforcement, or, as 
delegated by the Secretary, any employee or 
contractor of the Department; 
‘‘(B) inspect and review United States Im-
migration and Customs Enforcement’s offices, 
operations, and processes, including detention 
facilities operated or used by United States Im-
migration and Customs Enforcement, and pro-
vide an independent review of United States 
Immigration and Custom Enforcement’s organi-
zational health, effectiveness, and efficiency of 
mission; and 
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209 
‘‘(C) provide and manage the security pro-
grams and operations for United States Immi-
gration and Customs Enforcement. 
‘‘(j) OFFICE OF POLICY.— 
‘‘(1) IN
GENERAL.—There is established in 
United States Immigration and Customs Enforce-
ment the Office of Policy. 
‘‘(2) DUTIES.—The Office of the Policy shall— 
‘‘(A) identify and develop policies and 
guidance of U.S. Immigration and Customs En-
forcement; 
‘‘(B) provide policy recommendations, re-
search and analysis to the Director; and 
‘‘(C) coordinate policy issues with the De-
partment, components of the Department, and 
other federal, state, and local agencies and of-
fices. 
‘‘(k) OTHER AUTHORITIES.— 
‘‘(1) IN GENERAL.—The Secretary may estab-
lish such other Executive Associate Directors, As-
sistant Directors, agents, officers, or other offices as 
the Secretary determines necessary to carry out the 
missions, duties, functions, and authorities of United 
States Immigration and Customs Enforcement. 
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210 
‘‘(2) NOTIFICATION.—If the Secretary exercises 
the authority provided pursuant to paragraph (1), 
the Secretary shall notify the Committee on Home-
land Security and the Committee on the Judiciary of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and 
the Committee on the Judiciary of the Senate not 
later than 30 days before exercising the authority 
described in paragraph (1). 
‘‘(l) OTHER FEDERAL AGENCIES.—Nothing in this 
section shall be construed to limit the existing authority 
of any other Federal agency.’’. 
(b) SPECIAL RULES.— 
(1) TREATMENT.—Section 442 of the Home-
land Security Act of 2002, as amended by subsection 
(a) of this section, shall be treated as if included in 
such Act as of the date of the enactment of such 
Act, and, in addition to the functions, missions, du-
ties, and authorities specified in such amended sec-
tion 442, United States Immigration and Customs 
Enforcement shall continue to perform and carry out 
the functions, missions, duties, and authorities 
under section 442 of such Act as in existence on the 
day before such date of enactment. 
(2) RULES OF CONSTRUCTION.— 
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211 
(A) RULES AND REGULATIONS.—Notwith-
standing paragraph (1), nothing in this title 
may be construed as affecting in any manner 
any rule or regulation issued or promulgated 
pursuant to any provision of law, including sec-
tion 442 of the Homeland Security Act of 2002 
as in existence on the day before the date of the 
enactment of this Act, and any such rule or 
regulation shall continue to have full force and 
effect on and after such date. 
(B) OTHER
ACTIONS.—Notwithstanding 
paragraph (1), nothing in this title may be con-
strued as affecting in any manner any action, 
determination, policy, or decision pursuant to 
section 442 of the Homeland Security Act of 
2002 as in existence on the day before the date 
of the enactment of this Act, and any such ac-
tion, determination, policy, or decision shall 
continue to have full force and effect on and 
after such date. 
(c) CONTINUATION IN OFFICE.— 
(1) DIRECTOR.—The individual serving as As-
sistant Secretary for United States Immigration and 
Customs Enforcement on the day before the date of 
the enactment of this Act may continue to serve as 
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212 
the Director of United States Immigration and Cus-
toms Enforcement in accordance with section 442 of 
the Homeland Security Act of 2002, as amended by 
this title until the earlier of— 
(A) the date on which such individual is no 
longer eligible to serve as Director; or 
(B) the date on which a person nominated 
by the President to be the Director is confirmed 
by the Senate in accordance with such amended 
section 442. 
(2) OTHER POSITIONS.—The individuals serv-
ing as the Deputy Director, Executive Associate Di-
rectors, Deputy Executive Associate Directors, As-
sistant Directors, and other officers and employees 
under section 442 of the Homeland Security Act of 
2002 on the day before the date of the enactment 
of this Act may serve as the appropriate Deputy Di-
rector, Executive Associate Directors, Deputy Exec-
utive Associate Directors, Assistant Directors, and 
other officers and employees under such section 442 
as amended by subsection (a) of this section unless 
the Director of United States Immigration and Cus-
toms Enforcement determines that another indi-
vidual should hold such position. 
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213 
(d) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by striking the 
item relating to section 442 and inserting the following: 
‘‘Sec. 442. Establishment of United States Immigration and Customs Enforce-
ment.’’. 
(e) TRANSPORTATION.—Section 1344(b)(6) of title 
31, United States Code, is amended by inserting ‘‘the Di-
rector of United States Immigration and Customs En-
forcement, the Commissioner of Customs and Border Pro-
tection,’’ after ‘‘the Administrator of the Drug Enforce-
ment Administration,’’. 
(f) CONFORMING AMENDMENTS.— 
(1) TITLE 5.—Section 5314 of title 5, United 
States Code, is amended by inserting after ‘‘Director 
of the Bureau of Citizenship and Immigration Serv-
ices.’’ the following new item: ‘‘Director of United 
States Immigration and Customs Enforcement.’’. 
(2) HOMELAND SECURITY ACT OF 2002.—The 
Homeland Security Act of 2002 is amended— 
(A) in subsection (a)(2)(C) of section 451 
(6 U.S.C. 271), by striking ‘‘at the same level 
as the Assistant Secretary of the Bureau of 
Border Security’’ and inserting ‘‘in accordance 
with section 5314 of title 5, United States 
Code’’; 
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214 
(B) in subsection (c) of section 459 (6 
U.S.C. 276), by striking ‘‘Assistant Secretary 
of the Bureau of Border Security’’ and insert-
ing ‘‘Director of United States Immigration and 
Customs Enforcement’’; 
(C) in subsection (b)(2)(A) of section 462 
(6 U.S.C. 279), in the matter preceding clause 
(i), by striking ‘‘Assistant Secretary of the Bu-
reau of Border Security’’ and inserting ‘‘Direc-
tor of United States Immigration and Customs 
Enforcement’’; 
(D) by repealing sections, 445, and 446 (6 
U.S.C. 255, and 256); and 
(E) in section 1(b), by striking the items 
relating to sections 445 and 446. 
(3) TITLE 8.—Section 1357 of title 8, United 
States Code is amended in section (a)(5)(B) by 
striking ‘‘if the officer or employee is performing du-
ties relating to the enforcement of the immigration 
laws at the time of thearrest and if there is a likeli-
hood of the person escaping before a warrant can be 
obtained for his arrest’’. 
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215 
TITLE XII—FEDERAL LAW EN-
FORCEMENT TRAINING CEN-
TERS REFORM AND IMPROVE-
MENT 
SEC. 1201. FEDERAL LAW ENFORCEMENT TRAINING CEN-
TERS. 
(a) ESTABLISHMENT.—Section 884 of the Homeland 
Security Act of 2002 (6 U.S.C. 464) is amended to read 
as follows: 
‘‘SEC. 884. FEDERAL LAW ENFORCEMENT TRAINING CEN-
TERS. 
‘‘(a) ESTABLISHMENT.—The Secretary shall main-
tain in the Department the Federal Law Enforcement 
Training Centers (FLETC), headed by a Director, who 
shall report to the Secretary. 
‘‘(b) POSITION.—The Director shall occupy a career- 
reserved position within the Senior Executive Service. 
‘‘(c) FUNCTIONS OF THE DIRECTOR.—The Director 
shall— 
‘‘(1) develop training goals and establish stra-
tegic and tactical organizational program plan and 
priorities; 
‘‘(2) provide direction and management for 
FLETC’s training facilities, programs, and support 
activities while ensuring that organizational program 
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216 
goals and priorities are executed in an effective and 
efficient manner; 
‘‘(3) develop homeland security and law en-
forcement training curricula, including curricula re-
lated to domestic preparedness and response to 
threats or acts of terrorism, for Federal, State, local, 
tribal, territorial, and international law enforcement 
and security agencies and private sector security 
agencies; 
‘‘(4) monitor progress toward strategic and tac-
tical FLETC plans regarding training curricula, in-
cluding curricula related to domestic preparedness 
and response to threats or acts of terrorism, and fa-
cilities; 
‘‘(5) ensure the timely dissemination of home-
land security information as necessary to Federal, 
State, local, tribal, territorial, and international law 
enforcement and security agencies and the private 
sector to achieve the training goals for such entities, 
in accordance with paragraph (1); 
‘‘(6) carry out acquisition responsibilities in a 
manner that— 
‘‘(A) fully complies with— 
‘‘(i) Federal law; 
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217 
‘‘(ii) the Federal Acquisition Regula-
tion, including requirements regarding 
agency obligations to contract only with re-
sponsible prospective contractors; and 
‘‘(iii) Department acquisition manage-
ment directives; and 
‘‘(B) ensures that a fair proportion of Fed-
eral contract and subcontract dollars are award-
ed to small businesses, maximizes opportunities 
for small business participation, and ensures, to 
the extent practicable, that small businesses 
which achieve qualified vendor status for secu-
rity-related technologies have an opportunity to 
compete for contracts for such technologies; 
‘‘(7) coordinate and share information with the 
heads of relevant components and offices on digital 
learning and training resources, as appropriate; 
‘‘(8) advise the Secretary on matters relating to 
executive level policy and program administration of 
Federal, State, local, tribal, territorial, and inter-
national law enforcement and security training ac-
tivities and private sector security agency training 
activities, including training activities related to do-
mestic preparedness and response to threats or acts 
of terrorism; 
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218 
‘‘(9) collaborate with the Secretary and relevant 
officials at other Federal departments and agencies, 
as appropriate, to improve international instruc-
tional development, training, and technical assist-
ance provided by the Federal Government to foreign 
law enforcement; and 
‘‘(10) carry out such other functions as the Sec-
retary determines are appropriate. 
‘‘(d) TRAINING RESPONSIBILITIES.— 
‘‘(1) IN GENERAL.—The Director is authorized 
to provide training to employees of Federal agencies 
who are engaged, directly or indirectly, in homeland 
security operations or Federal law enforcement ac-
tivities, including such operations or activities re-
lated to domestic preparedness and response to 
threats or acts of terrorism. In carrying out such 
training, the Director shall— 
‘‘(A) evaluate best practices of law enforce-
ment training methods and curriculum content 
to maintain state-of-the-art expertise in adult 
learning methodology; 
‘‘(B) provide expertise and technical assist-
ance, including on domestic preparedness and 
response to threats or acts of terrorism, to Fed-
eral, State, local, tribal, territorial, and inter-
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219 
national law enforcement and security agencies 
and private sector security agencies; and 
‘‘(C) maintain a performance evaluation 
process for students. 
‘‘(2) RELATIONSHIP WITH LAW ENFORCEMENT 
AGENCIES.—The Director shall consult with relevant 
law enforcement and security agencies in the devel-
opment and delivery of FLETC’s training programs. 
‘‘(3) TRAINING
DELIVERY
LOCATIONS.—The 
training required under paragraph (1) may be con-
ducted at FLETC facilities, at appropriate off-site 
locations, or by distributed learning. 
‘‘(4) STRATEGIC PARTNERSHIPS.— 
‘‘(A) IN GENERAL.—The Director may— 
‘‘(i) execute strategic partnerships 
with State and local law enforcement to 
provide such law enforcement with specific 
training, including maritime law enforce-
ment training; and 
‘‘(ii) coordinate with the Under Sec-
retary responsible for overseeing critical in-
frastructure protection, cybersecurity, and 
other related programs of the Department 
and with private sector stakeholders, in-
cluding critical infrastructure owners and 
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220 
operators, to provide training pertinent to 
improving coordination, security, and resil-
iency of critical infrastructure. 
‘‘(B) PROVISION
OF
INFORMATION.—The 
Director shall provide to the Committee on 
Homeland Security of the House of Representa-
tives and the Committee on Homeland Security 
and Governmental Affairs of the Senate, upon 
request, information on activities undertaken in 
the previous year pursuant to subparagraph 
(A). 
‘‘(5) FLETC DETAILS TO DHS.—The Director 
may detail employees of FLETC to positions 
throughout the Department in furtherance of im-
proving the effectiveness and quality of training pro-
vided by the Department and, as appropriate, the 
development of critical departmental programs and 
initiatives. 
‘‘(6) DETAIL
OF
INSTRUCTORS
TO
FLETC.— 
Partner organizations that wish to participate in 
FLETC training programs shall assign non-reim-
bursable detailed instructors to FLETC for des-
ignated time periods to support all training pro-
grams at FLETC, as appropriate. The Director 
shall determine the number of detailed instructors 
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221 
that is proportional to the number of training hours 
requested by each partner organization scheduled by 
FLETC for each fiscal year. If a partner organiza-
tion is unable to provide a proportional number of 
detailed instructors, such partner organization shall 
reimburse FLETC for the salary equivalent for such 
detailed instructors, as appropriate. 
‘‘(7) PARTNER
ORGANIZATION
EXPENSES
RE-
QUIREMENTS.— 
‘‘(A) IN GENERAL.—Partner organizations 
shall be responsible for the following expenses: 
‘‘(i) Salaries, travel expenses, lodging 
expenses, and miscellaneous per diem al-
lowances of their personnel attending 
training courses at FLETC. 
‘‘(ii) Salaries and travel expenses of 
instructors and support personnel involved 
in 
conducting 
advanced 
training 
at 
FLETC for partner organization personnel 
and the cost of expendable supplies and 
special equipment for such training, unless 
such supplies and equipment are common 
to FLETC-conducted training and have 
been included in FLETC’s budget for the 
applicable fiscal year. 
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222 
‘‘(B) EXCESS BASIC AND ADVANCED FED-
ERAL TRAINING.—All hours of advanced train-
ing and hours of basic training provided in ex-
cess of the training for which appropriations 
were made available shall be paid by the part-
ner organizations and provided to FLETC on a 
reimbursable basis in accordance with section 
4104 of title 5, United States Code. 
‘‘(8) PROVISION OF NON-FEDERAL TRAINING.— 
‘‘(A) IN GENERAL.—The Director is au-
thorized to charge and retain fees that would 
pay for its actual costs of the training for the 
following: 
‘‘(i) State, local, tribal, and territorial 
law enforcement personnel. 
‘‘(ii) Foreign law enforcement offi-
cials, including provision of such training 
at the International Law Enforcement 
Academies wherever established. 
‘‘(iii) Private sector security officers, 
participants in the Federal Flight Deck 
Officer program under section 44921 of 
title 49, United States Code, and other ap-
propriate private sector individuals. 
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223 
‘‘(B) WAIVER.—The Director may waive 
the requirement for reimbursement of any cost 
under this section and shall maintain records 
regarding the reasons for any requirements so 
waived. 
‘‘(9) REIMBURSEMENT.—The Director is au-
thorized to reimburse travel or other expenses for 
non-Federal personnel who attend activities related 
to training sponsored by FLETC, at travel and per 
diem rates established by the General Services Ad-
ministration. 
‘‘(10) STUDENT SUPPORT.—In furtherance of 
its training mission, the Director is authorized to 
provide the following support to students: 
‘‘(A) Athletic and related activities. 
‘‘(B) Short-term medical services. 
‘‘(C) Chaplain services. 
‘‘(11) AUTHORITY
TO
HIRE
FEDERAL
ANNU-
ITANTS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, the Director is author-
ized to appoint and maintain, as necessary, 
Federal annuitants who have expert knowledge 
and experience to meet the training responsibil-
ities under this subsection. 
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224 
‘‘(B) NO
REDUCTION
IN
RETIREMENT 
PAY.—A Federal annuitant employed pursuant 
to this paragraph shall not be subject to any re-
duction in pay for annuity allocable to the pe-
riod of actual employment under the provisions 
of section 8344 or 8468 of title 5, United 
States Code, or similar provision of any other 
retirement system for employees. 
‘‘(C) 
RE-EMPLOYED
ANNUITANTS.—A 
Federal annuitant employed pursuant to this 
paragraph shall not be considered an employee 
for purposes of subchapter III of chapter 83 or 
chapter 84 of title 5, United States Code, or 
such other retirement system (referred to in 
subparagraph (B)) as may apply. 
‘‘(D) 
COUNTING.—Federal 
annuitants 
shall be counted on a full time equivalent basis. 
‘‘(E) LIMITATION.—No appointment under 
this paragraph may be made which would result 
in the displacement of any employee. 
‘‘(12) TRAVEL
FOR
INTERMITTENT
EMPLOY-
EES.—The Director is authorized to reimburse inter-
mittent Federal employees traveling from outside a 
commuting distance (to be predetermined by the Di-
rector) for travel expenses and to compensate such 
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225 
employees for time spent traveling from their homes 
to work sites. 
‘‘(e) ON-FLETC HOUSING.—Notwithstanding any 
other provision of law, individuals attending training at 
any FLETC facility shall, to the extent practicable and 
in accordance with FLETC policy, reside in on-FLETC 
or FLETC-provided housing. 
‘‘(f) ADDITIONAL FISCAL AUTHORITIES.—In order to 
further the goals and objectives of FLETC, the Director 
is authorized to— 
‘‘(1) expend funds for public awareness and to 
enhance community support of law enforcement 
training, including the advertisement of available law 
enforcement training programs; 
‘‘(2) accept and use gifts of property, both real 
and personal, and to accept gifts of services, for pur-
poses that promote the functions of the Director 
pursuant to subsection (c) and the training respon-
sibilities of the Director under subsection (d); 
‘‘(3) accept reimbursement from other Federal 
agencies for the construction or renovation of train-
ing and support facilities and the use of equipment 
and technology on government owned-property; 
‘‘(4) obligate funds in anticipation of reim-
bursements from agencies receiving training at 
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226 
FLETC, except that total obligations at the end of 
a fiscal year may not exceed total budgetary re-
sources available at the end of such fiscal year; 
‘‘(5) in accordance with the purchasing author-
ity provided under section 505 of the Department of 
Homeland Security Appropriations Act, 2004 (Pub-
lic Law 108–90; 6 U.S.C. 453a)— 
‘‘(A) purchase employee and student uni-
forms; and 
‘‘(B) purchase and lease passenger motor 
vehicles, including vehicles for police-type use; 
‘‘(6) provide room and board for student in-
terns; and 
‘‘(7) expend funds each fiscal year to honor and 
memorialize FLETC graduates who have died in the 
line of duty. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) BASIC TRAINING.—The term ‘basic train-
ing’ means the entry-level training required to instill 
in new Federal law enforcement personnel funda-
mental knowledge of criminal laws, law enforcement 
and investigative techniques, laws and rules of evi-
dence, rules of criminal procedure, constitutional 
rights, search and seizure, and related issues. 
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‘‘(2) DETAILED INSTRUCTORS.—The term ‘de-
tailed instructors’ means personnel who are assigned 
to the Federal Law Enforcement Training Centers 
for a period of time to serve as instructors for the 
purpose of conducting basic and advanced training. 
‘‘(3) DIRECTOR.—The term ‘Director’ means 
the Director of the Federal Law Enforcement Train-
ing Centers. 
‘‘(4) DISTRIBUTED LEARNING.—The term ‘dis-
tributed learning’ means education in which students 
take academic courses by accessing information and 
communicating with the instructor, from various lo-
cations, on an individual basis, over a computer net-
work or via other technologies. 
‘‘(5) EMPLOYEE.—The term ‘employee’ has the 
meaning given such term in section 2105 of title 5, 
United States Code. 
‘‘(6) FEDERAL
AGENCY.—The term ‘Federal 
agency’ means— 
‘‘(A) an Executive Department as defined 
in section 101 of title 5, United States Code; 
‘‘(B) an independent establishment as de-
fined in section 104 of title 5, United States 
Code; 
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‘‘(C) a Government corporation as defined 
in section 9101 of title 31, United States Code; 
‘‘(D) the Government Publishing Office; 
‘‘(E) the United States Capitol Police; 
‘‘(F) the United States Supreme Court Po-
lice; and 
‘‘(G) Government agencies with law en-
forcement related duties. 
‘‘(7) LAW
ENFORCEMENT
PERSONNEL.—The 
term ‘law enforcement personnel’ means an indi-
vidual, including criminal investigators (commonly 
known as ‘agents’) and uniformed police (commonly 
known as ‘officers’), who has statutory authority to 
search, seize, make arrests, or to carry firearms. 
‘‘(8) LOCAL.—The term ‘local’ means— 
‘‘(A) of or pertaining to any county, par-
ish, municipality, city, town, township, rural 
community, unincorporated town or village, 
local public authority, educational institution, 
special district, intrastate district, council of 
governments (regardless of whether the council 
of governments is incorporated as a nonprofit 
corporation under State law), regional or inter-
state government entity, any agency or instru-
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229 
mentality of a local government, or any other 
political subdivision of a State; and 
‘‘(B) an Indian tribe or authorized tribal 
organization, or in Alaska a Native village or 
Alaska Regional Native Corporation. 
‘‘(9) 
PARTNER
ORGANIZATION.—The 
term 
‘partner organization’ means any Federal agency 
participating in FLETC’s training programs under 
a formal memorandum of understanding. 
‘‘(10) STATE.—The term ‘State’ means any 
State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Virgin Is-
lands, Guam, American Samoa, the Commonwealth 
of the Northern Mariana Islands, and any possession 
of the United States. 
‘‘(11) STUDENT INTERN.—The term ‘student 
intern’ means any eligible baccalaureate or graduate 
degree student participating in FLETC’s College In-
tern Program. 
‘‘(h) PROHIBITION ON NEW FUNDING.—No funds 
are authorized to carry out this section. This section shall 
be carried out using amounts otherwise appropriated or 
made available for such purpose.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
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amended by amending the item relating to section 884 to 
read as follows: 
‘‘Sec. 884. Federal Law Enforcement Training Centers.’’. 
TITLE 
XIII—PREVENT 
TRAF-
FICKING IN CULTURAL PROP-
ERTY 
SEC. 1301. DEFINITION. 
In this title, the term ‘‘cultural property’’ includes 
property covered under— 
(1) Article 1 of the Hague Convention for the 
Protection of Cultural Property in the Event of 
Armed Conflict, adopted at the Hague on May 14, 
1954 (Treaty 13 Doc. 106–1(A)); or 
(2) Article 1 of the Convention on the Means 
of Prohibiting and Preventing the Illicit Import, Ex-
port, and Transfer of Ownership of Cultural Prop-
erty, adopted by the United Nations Educational, 
Scientific and Cultural Organization (‘‘UNESCO’’) 
on November 14, 1970. 
SEC. 1302. STATEMENT OF POLICY. 
It shall be the policy of the United States to— 
(1) ensure the components of the Department 
of Homeland Security enhance and unify efforts 
to— 
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(A) interdict, detain, seize, and investigate 
cultural property illegally imported into the 
United States; 
(B) disrupt and dismantle smuggling and 
trafficking networks and transnational criminal 
organizations engaged in, conspiring to engage 
in, or facilitating illegal trade in cultural prop-
erty, including stolen antiquities used to finance 
terrorism; and 
(C) support Offices of United States Attor-
neys in prosecuting persons engaged in, con-
spiring to engage in, or facilitating illegal trade 
in cultural property; and 
(2) protect cultural property pursuant to its ob-
ligations under the 1954 Hague Convention for the 
Protection of Cultural Property in the Event of 
Armed Conflict, the 1970 UNESCO Convention on 
the Means of Prohibiting and Preventing the Illicit 
Import, Export, and Transfer of Ownership of Cul-
tural Property, and the Convention on Cultural 
Property Implementation Act (19 U.S.C. 2601– 
2613). 
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232 
SEC. 1303. ACTIVITIES OF THE DEPARTMENT OF HOME-
LAND SECURITY. 
The Commissioner of U.S. Customs and Border Pro-
tection and the Director of U.S. Immigration and Customs 
Enforcement shall— 
(1) designate a principal coordinator within 
U.S. Customs and Border Protection and U.S. Im-
migration and Customs Enforcement, respectively, to 
direct, manage, coordinate, and update their respec-
tive policies and procedures, as well as conduct 
interagency communications, regarding illegally im-
ported cultural property; 
(2) update existing directives, regulations, rules, 
and memoranda of understanding of U.S. Customs 
and Border Protection and U.S. Immigration and 
Customs Enforcement, respectively, and, if nec-
essary, devise additional directives, regulations, 
rules, and memoranda of understanding, relating to 
policies and procedures on the illegal importation of 
cultural property in order to— 
(A) reflect changes in cultural property 
law, including changes and updates to relevant 
treaties, bilateral agreements, statutes, regula-
tions, and case law that occurred subsequent to 
Customs Directive No. 5230–015, ‘‘Customs 
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Directive on Detention and Seizure of Cultural 
Property’’, dated April 18, 1991; 
(B) emphasize investigating, and providing 
support for investigations and prosecutions, of 
persons engaged in, conspiring to engage in, or 
facilitating the illegal importation of cultural 
property, including smugglers, dealers, buyers, 
money launderers, and any other appropriate 
parties; and 
(C) provide for communication and coordi-
nation between relevant U.S. Customs and Bor-
der Protection and U.S. Immigration and Cus-
toms Enforcement offices, respectively, in inves-
tigating and supporting prosecutions of persons 
engaged in, conspiring to engage in, or facili-
tating the illegal importation of cultural prop-
erty; and 
(3) ensure relevant personnel within U.S. Cus-
toms and Border Protection and U.S. Immigration 
and Customs Enforcement, respectively, receive suf-
ficient training in— 
(A) relevant cultural property laws; 
(B) the identification of cultural property 
that is at greatest risk of looting and traf-
ficking; and 
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234 
(C) methods of interdiction and investiga-
tive techniques specifically related to illegal 
trade in cultural property. 
SEC. 1304. ROLE OF THE SMITHSONIAN INSTITUTION. 
The Secretary of Homeland Security shall ensure 
that the heads of all components of the Department of 
Homeland Security involved in cultural property protec-
tion activities are authorized to enter into agreements or 
memoranda of understanding with the Smithsonian Insti-
tution to temporarily engage personnel from the Smithso-
nian Institution for the purposes of furthering such cul-
tural property protection activities. 
SEC. 1305. REPORT. 
Not later than 1 year after the date of the enactment 
of this Act and 3 years thereafter, the Commissioner of 
U.S. Customs and Border Protection and the Commis-
sioner of U.S. Immigration and Customs Enforcement 
shall jointly submit to the Committee on Ways and Means 
and the Committee on Homeland Security of the House 
of Representatives and the Committee on Finance and the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate a report on— 
(1) the progress of the implementation of this 
Act; and 
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(2) other actions to enhance and unify efforts 
to interdict, detain, seize, and investigate cultural 
property illegally imported into the United States, 
and investigate, disrupt, and dismantle smuggling 
and trafficking networks engaged in, conspiring to 
engage in, or facilitating the illegal importation of 
cultural property. 
TITLE 
XIV—DEPARTMENT 
OF 
HOMELAND SECURITY HEAD-
QUARTERS REFORM AND IM-
PROVEMENT 
SEC. 1401. PROHIBITION ON ADDITIONAL AUTHORIZATION 
OF APPROPRIATIONS. 
No additional funds are authorized to be appro-
priated to carry out this title and the amendments made 
by this title. This title and such amendments shall be car-
ried out using amounts otherwise available for such pur-
poses. 
Subtitle A—Department of Home-
land Security Headquarters Re-
authorization 
SEC. 1411. DEFINITIONS. 
Section 2 of the Homeland Security Act of 2002 is 
amended— 
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(1) by redesignating paragraphs (13) through 
(18) as paragraphs (15) through (20); 
(2) by redesignating paragraphs (9) through 
(12) as paragraphs (10) through (13); 
(3) by inserting after paragraph (8) the fol-
lowing: 
‘‘(9) 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 representatives, academics, and other 
policy experts.’’; and 
(4) by inserting after paragraph (13), as so re-
designated, the following: 
‘‘(14) The term ‘management integration and 
transformation’— 
‘‘(A) means the development of consistent 
and consolidated functions for information tech-
nology, financial management, acquisition man-
agement, and human capital management; and 
‘‘(B) includes governing processes and pro-
cedures, management systems, personnel activi-
ties, budget and resource planning, training, 
real estate management, and provision of secu-
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237 
rity, as they relate to functions cited in sub-
paragraph (A).’’. 
SEC. 1412. HEADQUARTERS COMPONENTS. 
(a) IN GENERAL.—Section 102 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 112) is amended— 
(1) in subsection (c)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘through the Office of State and 
Local Coordination (established under section 
801)’’ and inserting ‘‘through the Office of 
Partnership and Engagement’’; 
(B) in paragraph (2), by striking ‘‘and’’ 
after the semicolon at the end; 
(C) in paragraph (3), by striking the pe-
riod and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(4) entering into agreements with governments 
of other countries, in consultation with the Secretary 
of State, and international nongovernmental organi-
zations in order to achieve the missions of the De-
partment.’’; and 
(2) by adding at the end the following: 
‘‘(h) HEADQUARTERS.— 
‘‘(1) COMPONENTS.—The Department Head-
quarters shall include the following: 
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‘‘(A) The Office of the Secretary. 
‘‘(B) The Office of the Deputy Secretary. 
‘‘(C) The Executive Secretariat. 
‘‘(D) The Management Directorate, includ-
ing the Office of the Chief Financial Officer. 
‘‘(E) The Office of Policy. 
‘‘(F) The Office of General Counsel. 
‘‘(G) The Office of the Chief Privacy Offi-
cer. 
‘‘(H) The Office of Civil Rights and Civil 
Liberties. 
‘‘(I) The Office of Operations and Coordi-
nation and Planning. 
‘‘(J) The Office of Intelligence and Anal-
ysis. 
‘‘(K) The Office of Legislative Affairs. 
‘‘(L) The Office of Public Affairs. 
‘‘(2) FUNCTIONS.—The Secretary, through the 
Headquarters, shall— 
‘‘(A) establish the Department’s overall 
strategy for successfully completing its mission; 
‘‘(B) establish initiatives that improve per-
formance Department-wide; 
‘‘(C) establish mechanisms to ensure that 
components of the Department comply with 
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239 
Headquarters policies and fully implement the 
Secretary’s strategies and initiatives and re-
quire the head of each component of the De-
partment and component chief officers to com-
ply with such policies and implement such 
strategies and initiatives; 
‘‘(D) establish annual operational and 
management objectives to determine the De-
partment’s performance; 
‘‘(E) ensure that the Department success-
fully meets operational and management per-
formance objectives through conducting over-
sight of component agencies; 
‘‘(F) ensure that the strategies, priorities, 
investments, and workforce of Department 
agencies align with Department objectives; 
‘‘(G) establish and implement policies re-
lated to Department ethics and compliance 
standards; 
‘‘(H) manage and encourage shared serv-
ices across Department components; 
‘‘(I) lead and coordinate interaction with 
Congress and other external organizations; and 
‘‘(J) carry out other such functions as the 
Secretary determines are appropriate.’’. 
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240 
(b) ABOLISHMENT OF DIRECTOR OF SHARED SERV-
ICES.— 
(1) ABOLISHMENT.—The position of Director of 
Shared Services is abolished. 
(2) CONFORMING
AMENDMENT.—Section 475 
of the Homeland Security Act of 2002 (6 U.S.C. 
295), and the item relating to such section in the 
table of contents in section 1(b) of such Act, are re-
pealed. 
(c) ABOLISHMENT OF THE OFFICE OF COUNTER-
NARCOTICS ENFORCEMENT.— 
(1) ABOLISHMENT.—The Office of Counter-
narcotics Enforcement is abolished. 
(2) CONFORMING AMENDMENTS.—The Home-
land Security Act of 2002 is amended— 
(A) by repealing section 878 (6 U.S.C. 
112), and the item relating to that section in 
the table of contents in section 1(b) of such 
Act; and 
(B) 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 of 
that subparagraph and inserting ‘‘by the Sec-
retary; and’’. 
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241 
SEC. 1413. CHIEF PRIVACY OFFICER. 
(a) IN GENERAL.—Section 222 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 142) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by inserting ‘‘to be the Chief Pri-
vacy Officer of the Department,’’ after ‘‘in 
the Department,’’; and 
(ii) by striking ‘‘, to assume’’ and in-
serting ‘‘and who shall have’’; 
(B) by amending paragraph (6) to read as 
follows: 
‘‘(6) preparing a report to Congress on an an-
nual basis on— 
‘‘(A) activities of the Department that af-
fect privacy, including complaints of privacy 
violations, implementation of section 554 of 
title 5, United States Code (popularly known as 
the Privacy Act of 1974), internal controls, and 
other matters; and 
‘‘(B) the number of new technology pro-
grams implemented in the Department each fis-
cal year, the number of those programs that the 
Chief Privacy Officer has evaluated to ensure 
that privacy protections are considered and im-
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242 
plemented, the number of those programs that 
effectively implemented privacy protections into 
new technology programs, and an explanation 
of why any new programs did not effectively im-
plement privacy protections.’’; 
(2) by redesignating subsections (b) through (e) 
as subsections (c) through (f); and 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) ADDITIONAL RESPONSIBILITIES.—In addition 
to the responsibilities under subsection (a), the Chief Pri-
vacy Officer shall— 
‘‘(1) develop guidance to assist components of 
the Department in developing privacy policies and 
practices; 
‘‘(2) establish a mechanism to ensure such com-
ponents are in compliance with Federal, regulatory, 
statutory, and the Department’s privacy require-
ments, mandates, directives, and policy; 
‘‘(3) work with the Chief Information Officer of 
the Department to identify methods for managing 
and overseeing the Department’s records, manage-
ment policies, and procedures; 
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243 
‘‘(4) work with components and offices of the 
Department to ensure that information sharing ac-
tivities incorporate privacy protections; 
‘‘(5) serve as the Department’s central office 
for managing and processing requests related to sec-
tion 552 of title 5, United States Code, popularly 
known as the Freedom of Information Act; 
‘‘(6) develop public guidance on procedures to 
be followed when making requests for information 
under section 552 of title 5, United States Code; 
‘‘(7) oversee the management and processing of 
requests for information under section 552 of title 5, 
United States Code, within Department Head-
quarters and relevant Department component of-
fices; 
‘‘(8) identify and eliminate unnecessary and du-
plicative actions taken by the Department in the 
course of processing requests for information under 
section 552 of title 5, United States Code; and 
‘‘(9) carry out such other responsibilities as the 
Secretary determines are appropriate, consistent 
with this section.’’; and 
(4) by adding at the end the following: 
‘‘(g) REASSIGNMENT
OF
FUNCTIONS.—The Sec-
retary may reassign the functions related to managing and 
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244 
processing requests for information under section 552 of 
title 5, United States Code, to another officer within the 
Department, consistent with requirements of that sec-
tion.’’. 
SEC. 1414. OFFICE OF POLICY. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended by— 
(1) redesignating section 601 as section 890B, 
and transferring that section to appear immediately 
after section 890A; and 
(2) striking the heading for title VI and insert-
ing the following: 
‘‘TITLE VI—POLICY AND 
PLANNING 
‘‘SEC. 601. OFFICE OF POLICY. 
‘‘(a) ESTABLISHMENT OF OFFICE.—There shall be in 
the Department an Office of Policy. The Office of Policy 
shall be headed by an Under Secretary for Policy, who 
shall be appointed by the President, by and with the advice 
and consent of the Senate. 
‘‘(b) MISSION.—The mission of the Office of Policy 
is to lead, conduct, and coordinate Department-wide pol-
icy, strategic planning, and relationships with organiza-
tions or persons that are not part of the Department. 
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‘‘(c) COMPONENTS OF OFFICE.—The Office of Policy 
shall include the following components: 
‘‘(1) The Office of Partnership and Engage-
ment under section 602. 
‘‘(2) The Office of International Affairs under 
section 603. 
‘‘(3) The Office of Policy Implementation under 
section 604. 
‘‘(4) The Office of Strategy and Planning under 
section 605. 
‘‘(d) RESPONSIBILITIES
OF
THE
UNDER
SEC-
RETARY.—Subject to the direction and control of the Sec-
retary, the Under Secretary for Policy shall— 
‘‘(1) serve as the principal policy advisor to the 
Secretary; 
‘‘(2) coordinate with the Under Secretary for 
Management and the General Counsel of the De-
partment to ensure that development of the Depart-
ment’s budget is compatible with the priorities, stra-
tegic plans, and policies established by the Sec-
retary, including those priorities identified through 
the Quadrennial Homeland Security Review required 
under section 707; 
‘‘(3) incorporate relevant feedback from, and 
oversee and coordinate relationships with, organiza-
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246 
tions and other persons that are not part of the De-
partment to ensure effective communication of out-
side stakeholders’ perspectives to components of the 
Department; 
‘‘(4) establish a process to ensure that organi-
zations and other persons that are not part of the 
Department can communicate with Department 
components without compromising adherence by the 
officials of such components to the Department’s 
ethics and policies; 
‘‘(5) manage and coordinate the Department’s 
international engagement activities; 
‘‘(6) advise, inform, and assist the Secretary on 
the impact of the Department’s policy, processes, 
and actions on State, local, tribal, and territorial 
governments; 
‘‘(7) oversee the Department’s engagement and 
development of partnerships with nonprofit organiza-
tions and academic institutions; 
‘‘(8) administer the Homeland Security Advi-
sory Council and make studies available to the Com-
mittee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate on an 
annual basis; and 
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‘‘(9) carry out such other responsibilities as the 
Secretary determines are appropriate, consistent 
with this section. 
‘‘(e) COORDINATION
BY
DEPARTMENT
COMPO-
NENTS.— 
‘‘(1) IN GENERAL.—To ensure consistency with 
the Secretary’s policy priorities, the head of each 
component of the Department shall coordinate with 
the Office of Policy, as appropriate, in establishing 
new policies or strategic planning guidance. 
‘‘(2) INTERNATIONAL ACTIVITIES.— 
‘‘(A) 
FOREIGN
NEGOTIATIONS.—Each 
component of the Department shall coordinate 
with the Under Secretary for Policy plans and 
efforts of the component before pursuing nego-
tiations with foreign governments, to ensure 
consistency with the Department’s policy prior-
ities. 
‘‘(B) NOTICE OF INTERNATIONAL TRAVEL 
BY SENIOR OFFICERS.—Each component of the 
Department shall notify the Under Secretary 
for Policy of the international travel of senior 
officers of the Department. 
‘‘(f) ASSIGNMENT OF PERSONNEL.—The Secretary 
shall assign to the Office of Policy permanent staff and, 
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248 
as appropriate and consistent with sections 506(c)(2), 
821, and 888(d), other appropriate personnel detailed 
from other components of the Department to carry out 
the responsibilities under this section. 
‘‘(g) DEPUTY UNDER SECRETARY FOR POLICY.— 
‘‘(1) IN GENERAL.—The Secretary may— 
‘‘(A) establish within the Department of 
Homeland Security a position, to be called the 
Deputy Under Secretary for Policy, to support 
the Under Secretary for Policy in carrying out 
the Under Secretary’s responsibilities; and 
‘‘(B) appoint a career employee to such po-
sition. 
‘‘(2) LIMITATION ON ESTABLISHMENT OF DEP-
UTY
UNDER
SECRETARY
POSITIONS.—A Deputy 
Under Secretary position (or any substantially simi-
lar position) within the Department of Homeland 
Security may not be established except for the posi-
tion provided for by paragraph (1) unless the Sec-
retary of Homeland Security receives prior author-
ization from Congress. 
‘‘(3) DEFINITIONS.—For purposes of paragraph 
(1)— 
‘‘(A) the term ‘career employee’ means any 
employee (as that term is defined in section 
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2105 of title 5, United States Code), but does 
not include a political appointee; and 
‘‘(B) the term ‘political appointee’ means 
any employee who occupies a position which has 
been excepted from the competitive service by 
reason of its confidential, policy-determining, 
policy-making, or policy-advocating character. 
‘‘SEC. 602. OFFICE OF PARTNERSHIP AND ENGAGEMENT. 
‘‘(a) IN GENERAL.—There shall be in the Office of 
Policy an Office of Partnership and Engagement. 
‘‘(b) HEAD OF OFFICE.—The Secretary shall appoint 
an Assistant Secretary for Partnership and Engagement 
to serve as the head of the Office. 
‘‘(c) RESPONSIBILITIES.—The Assistant Secretary 
for Partnership and Engagement shall— 
‘‘(1) lead the coordination of Department-wide 
policies relating to the role of State and local law en-
forcement in preventing, preparing for, protecting 
against, and responding to natural disasters, acts of 
terrorism, and other man-made disasters within the 
United States; 
‘‘(2) serve as a liaison between State, local, and 
tribal law enforcement agencies and the Department, 
including through consultation with such agencies 
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regarding Department programs that may impact 
such agencies; 
‘‘(3) coordinate with the Office of Intelligence 
and Analysis to certify the intelligence and informa-
tion sharing requirements of State, local, and tribal 
law enforcement agencies are being addressed; 
‘‘(4) work with the Administrator to ensure 
that law enforcement and terrorism-focused grants 
to State, local, and tribal government agencies, in-
cluding grants under sections 2003 and 2004, the 
Commercial Equipment Direct Assistance Program, 
and other grants administered by the Department to 
support fusion centers and law enforcement-oriented 
programs, are appropriately focused on terrorism 
prevention activities; 
‘‘(5) coordinate with the Science and Tech-
nology Directorate, the Federal Emergency Manage-
ment Agency, the Department of Justice, the Na-
tional Institute of Justice, law enforcement organiza-
tions, and other appropriate entities to support the 
development, promulgation, and updating, as nec-
essary, of national voluntary consensus standards 
for training and personal protective equipment to be 
used in a tactical environment by law enforcement 
officers; 
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251 
‘‘(6) create and foster strategic communications 
with the private sector to enhance the primary mis-
sion of the Department to protect the American 
homeland; 
‘‘(7) advise the Secretary on the impact of the 
Department’s policies, regulations, processes, and 
actions on the private sector; 
‘‘(8) interface with other relevant Federal agen-
cies with homeland security missions to assess the 
impact of these agencies’ actions on the private sec-
tor; 
‘‘(9) create and manage private sector advisory 
councils composed of representatives of industries 
and associations designated by the Secretary to— 
‘‘(A) advise the Secretary on private sector 
products, applications, and solutions as they re-
late to homeland security challenges; 
‘‘(B) advise the Secretary on homeland se-
curity policies, regulations, processes, and ac-
tions that affect the participating industries 
and associations; and 
‘‘(C) advise the Secretary on private sector 
preparedness issues, including effective methods 
for— 
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252 
‘‘(i) promoting voluntary preparedness 
standards to the private sector; and 
‘‘(ii) assisting the private sector in 
adopting voluntary preparedness stand-
ards; 
‘‘(10) promote existing public-private partner-
ships and developing new public-private partnerships 
to provide for collaboration and mutual support to 
address homeland security challenges; 
‘‘(11) assist in the development and promotion 
of private sector best practices to secure critical in-
frastructure; 
‘‘(12) provide information to the private sector 
regarding voluntary preparedness standards and the 
business justification for preparedness and pro-
moting to the private sector the adoption of vol-
untary preparedness standards; 
‘‘(13) coordinate industry efforts, with respect 
to functions of the Department of Homeland Secu-
rity, to identify private sector resources and capabili-
ties that could be effective in supplementing Federal, 
State, and local government agency efforts to pre-
vent or respond to a terrorist attack; 
‘‘(14) coordinate with the Commissioner of Cus-
toms and Border Protection and the appropriate 
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253 
senior official of the Department of Commerce on 
issues related to the travel and tourism industries; 
‘‘(15) coordinate the activities of the Depart-
ment relating to State and local government; 
‘‘(16) assess, and advocate for, the resources 
needed by State and local governments to implement 
the national strategy for combating terrorism; 
‘‘(17) provide State and local governments with 
regular information, research, and technical support 
to assist local efforts at securing the homeland; 
‘‘(18) develop a process for receiving meaning-
ful input from State and local governments to assist 
the development of the national strategy for com-
bating terrorism and other homeland security activi-
ties; and 
‘‘(19) perform such other functions as are es-
tablished by law or delegated to such Assistant Sec-
retary by the Under Secretary for Policy. 
‘‘SEC. 603. OFFICE OF INTERNATIONAL AFFAIRS. 
‘‘(a) IN GENERAL.—There shall be in the Office of 
Policy an Office of International Affairs. 
‘‘(b) HEAD OF OFFICE.—The Secretary shall appoint 
an Assistant Secretary for International Affairs to serve 
as the head of the Office and as the chief diplomatic offi-
cer of the Department. 
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254 
‘‘(c) FUNCTIONS.— 
‘‘(1) IN GENERAL.—The Assistant Secretary for 
International Affairs shall— 
‘‘(A) coordinate international activities 
within the Department, including activities car-
ried out by the components of the Department, 
in consultation with other Federal officials with 
responsibility for counterterrorism and home-
land security matters; 
‘‘(B) advise, inform, and assist the Sec-
retary with respect to the development and im-
plementation of Departmental policy priorities, 
including strategic priorities for the deployment 
of assets, including personnel, outside the 
United States; 
‘‘(C) develop, in consultation with the 
Under Secretary for Management, guidance for 
selecting, assigning, training, and monitoring 
overseas deployments of Department personnel, 
including 
minimum 
standards 
for 
predeployment training; 
‘‘(D) develop and update, in coordination 
with all components of the Department engaged 
in international activities, a strategic plan for 
the international activities of the Department, 
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255 
establish a process for managing its implemen-
tation, and establish mechanisms to monitor the 
alignment between assets, including personnel, 
deployed by the Department outside the United 
States and the plan required by this subpara-
graph; 
‘‘(E) develop and distribute guidance on 
Department policy priorities for overseas activi-
ties to personnel deployed overseas, that, at a 
minimum, sets forth the regional and national 
priorities being advanced by their deployment, 
and establish mechanisms to foster better co-
ordination of Department personnel, programs, 
and activities deployed outside the United 
States; 
‘‘(F) maintain awareness regarding the 
international travel of senior officers of the De-
partment and their intent to pursue negotia-
tions with foreign government officials, and re-
view resulting draft agreements; 
‘‘(G) develop, in consultation with the com-
ponents of the Department, including, as appro-
priate, with the Under Secretary for the Science 
and Technology Directorate, programs to sup-
port the overseas programs conducted by the 
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256 
Department, including training, technical as-
sistance, and equipment to ensure that Depart-
ment personnel deployed abroad have proper re-
sources and receive adequate and timely sup-
port; 
‘‘(H) conduct the exchange of homeland 
security information, in consultation with the 
Under Secretary of the Office of Intelligence 
and Analysis, and best practices relating to 
homeland security with foreign nations that, in 
the determination of the Secretary, reciprocate 
the sharing of such information in a substan-
tially similar manner; 
‘‘(I) submit information to the Under Sec-
retary for Policy for oversight purposes, includ-
ing preparation of the quadrennial homeland se-
curity review and on the status of overseas ac-
tivities, including training and technical assist-
ance and information exchange activities and 
the Department’s resources dedicated to these 
activities; 
‘‘(J) promote, when appropriate, and over-
see the exchange of education, training, and in-
formation with nations friendly to the United 
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257 
States in order to share best practices relating 
to homeland security; and 
‘‘(K) perform such other functions as are 
established by law or delegated by the Under 
Secretary for Policy. 
‘‘(2) 
INVENTORY
OF
ASSETS
DEPLOYED 
ABROAD.—For each fiscal year, the Assistant Sec-
retary for International Affairs, in coordination with 
the Under Secretary for Management, shall provide 
to the Committee on Homeland Security of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate with the annual budget request for the De-
partment, an annual accounting of all assets of the 
Department, including personnel, deployed outside 
the United States on behalf of the Department. 
‘‘(3) STANDARDIZED
FRAMEWORK
FOR
COST 
DATA.—The Assistant Secretary for International 
Affairs shall utilize a standardized framework to col-
lect and maintain comparable cost data for all assets 
of the Department, including personnel, deployed 
outside the United States to prepare the annual ac-
counting required by paragraph (2). 
‘‘(4) EXCLUSIONS.—This subsection does not 
apply to international activities related to the protec-
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258 
tive mission of the United States Secret Service, or 
to the Coast Guard when operating under the direct 
authority of the Secretary of Defense or the Sec-
retary of the Navy. 
‘‘SEC. 604. OFFICE OF POLICY IMPLEMENTATION. 
‘‘(a) IN GENERAL.—There shall be in the Office of 
Policy an Office of Policy Implementation. 
‘‘(b) HEAD OF OFFICE.—The Secretary shall appoint 
a Director of the Office of Policy Implementation to serve 
as the head of the Office. 
‘‘(c) RESPONSIBILITIES.—The Director of the Office 
of Policy Implementation shall lead, conduct, coordinate, 
and provide overall direction and supervision of Depart-
ment-wide policy development for the programs, offices, 
and activities of the Department, in consultation with rel-
evant officials of the Department, to ensure quality, con-
sistency, and integration across the Department, as appro-
priate. 
‘‘SEC. 605. OFFICE OF STRATEGY AND PLANNING. 
‘‘(a) IN GENERAL.—There shall be in the Office of 
Policy of the Department an Office of Strategy and Plan-
ning. 
‘‘(b) HEAD OF OFFICE.—The Secretary shall appoint 
a Director of the Office of Strategy and Planning who 
shall serve as the head of the Office. 
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259 
‘‘(c) RESPONSIBILITIES.—The Director of the Office 
of Strategy and Planning shall— 
‘‘(1) lead and conduct long-term Department- 
wide strategic planning, including the Quadrennial 
Homeland Security Review and planning guidance 
for the Department, and translate the Department’s 
statutory responsibilities, strategic plans, and long- 
term goals into risk-based policies and procedures 
that improve operational effectiveness; and 
‘‘(2) develop strategies to address unconven-
tional threats to the homeland.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended— 
(1) by striking the items relating to title VI and 
inserting the following: 
‘‘TITLE VI—POLICY AND PLANNING 
‘‘Sec. 601. Office of Policy. 
‘‘Sec. 602. Office of Partnership and Engagement. 
‘‘Sec. 603. Office of International Affairs. 
‘‘Sec. 604. Office of Policy Implementation. 
‘‘Sec. 605. Office of Strategy and Planning.’’. 
(2) by inserting after the item relating to sec-
tion 890A the following: 
‘‘Sec. 890B. Treatment of charitable trusts for members of the Armed Forces 
of the United States and other governmental organizations.’’. 
(c) APPOINTMENT OF UNDER SECRETARY FOR POL-
ICY; CONTINUATION
OF SERVICE
OF ASSISTANT SEC-
RETARY.— 
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260 
(1) TIME
OF
APPOINTMENT.—The President 
may appoint an Under Secretary for Policy under 
section 601 of the Homeland Security Act of 2002, 
as amended by this title, only on or after January 
20, 2017. 
(2) HEAD
OF
OFFICE
PENDING
APPOINT-
MENT.—The individual serving as the Assistant Sec-
retary for Policy of the Department of Homeland 
Security on the date of the enactment of this Act, 
or their successor, may continue to serve as an As-
sistant Secretary and as the head of the Office of 
Policy established by such section, until the date on 
which the Under Secretary for Policy is appointed 
under such section in accordance with paragraph 
(1). 
(d) APPOINTMENT OF ASSISTANT SECRETARY FOR 
INTERNATIONAL AFFAIRS; ABOLISHMENT OF EXISTING 
OFFICE.— 
(1) TIME OF APPOINTMENT.—The Secretary of 
Homeland Security may appoint an Assistant Sec-
retary for International Affairs under section 602 of 
the Homeland Security Act of 2002, as amended by 
this title, only on or after January 20, 2017. 
(2) HEAD
OF
OFFICE
PENDING
APPOINT-
MENT.—The individual serving as the Assistant Sec-
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261 
retary for International Affairs of the Department of 
Homeland Security on the date of the enactment of 
this Act, or their successor, may continue to serve 
as a Deputy Assistant Secretary and as the head of 
the Office of International Affairs established by 
such section, until the date the Under Secretary for 
Policy is appointed under such section in accordance 
with paragraph (1). 
(3) ABOLISHMENT OF EXISTING OFFICE.— 
(A) IN
GENERAL.—The Office of Inter-
national Affairs within the Office of the Sec-
retary is abolished. 
(B) TRANSFER
OF
ASSETS
AND
PER-
SONNEL.—The assets and personnel associated 
with such Office are transferred to the head of 
the Office of International Affairs provided for 
by section 603 of the Homeland Security Act of 
2002, as amended by this title. 
(C) 
CONFORMING
AMENDMENT.—Sub-
section 879 of the Homeland Security Act of 
2002 (6 U.S.C. 459), and the item relating to 
such section in section 1(b) of such Act, are re-
pealed. 
(e) ABOLISHMENT
OF OFFICE
FOR STATE
AND 
LOCAL LAW ENFORCEMENT.— 
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262 
(1) IN
GENERAL.—The Office for State and 
Local Law Enforcement of the Department of 
Homeland Security is abolished. 
(2) TRANSFER
OF
FUNCTIONS, ASSETS, AND 
PERSONNEL.—The functions authorized to be per-
formed by such office immediately before the enact-
ment of this Act, and the assets and personnel asso-
ciated with such functions, are transferred to the 
head of the Office of Partnership and Engagement 
provided for by section 602 of the Homeland Secu-
rity Act of 2002, as amended by this title. 
(3) CONFORMING AMENDMENT.—Subsection (b) 
of section 2006 of the Homeland Security Act of 
2002 (6 U.S.C. 607) is repealed. 
(f) ABOLISHMENT
OF OFFICE
FOR STATE
AND 
LOCAL GOVERNMENT COORDINATION.— 
(1) IN
GENERAL.—The Office for State and 
Local Government Coordination of the Department 
of Homeland Security is abolished. 
(2) TRANSFER OF FUNCTIONS AND ASSETS.— 
The functions authorized to be performed by such 
office immediately before the enactment of this Act, 
and the assets and personnel associated with such 
functions, are transferred to the head of Office of 
Partnership and Engagement provided for by section 
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263 
602 of the Homeland Security Act of 2002, as 
amended by this title. 
(3) CONFORMING AMENDMENTS.—Section 801 
of the Homeland Security Act of 2002 (6 U.S.C. 
631), and the item relating to that section in the 
table of contents in section 1(b) of such Act, are re-
pealed. 
(g) ABOLISHMENT OF SPECIAL ASSISTANT TO THE 
SECRETARY.— 
(1) IN GENERAL.—The Special Assistant to the 
Secretary authorized by section 102(f) of the Home-
land Security Act of 2002 (6 U.S.C. 112(f)), as in 
effect immediately before the enactment of this Act, 
is abolished. 
(2) TRANSFER OF FUNCTIONS AND ASSETS.— 
The functions authorized to be performed by such 
Special Assistant to the Secretary immediately be-
fore the enactment of this Act, and the assets and 
personnel associated with such functions, are trans-
ferred to the head of the Office of Partnership and 
Engagement provided for by section 602 of the 
Homeland Security Act of 2002, as amended by this 
title. 
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264 
(3) CONFORMING AMENDMENT.—Section 102(f) 
of the Homeland Security Act of 2002 (6 U.S.C. 
112(f)) is repealed. 
(h) CONFORMING AMENDMENTS RELATING TO AS-
SISTANT SECRETARIES.—Section 103(a) of the Homeland 
Security Act of 2002 (6 U.S.C. 113(a)) is amended— 
(1) in paragraph (1), by striking subparagraph 
(I) and redesignating subparagraph (J) as subpara-
graph (I); and 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) ASSISTANT SECRETARIES.— 
‘‘(A) ADVICE
AND
CONSENT
APPOINT-
MENTS.—The Department shall have the fol-
lowing Assistant Secretaries appointed by the 
President, by and with the advice and consent 
of the Senate: 
‘‘(i) The Assistant Secretary, U.S. 
Immigration and Customs Enforcement. 
‘‘(ii) The Assistant Secretary, Trans-
portation Security Administration. 
‘‘(B) 
OTHER
PRESIDENTIAL
APPOINT-
MENTS.—The Department shall have the fol-
lowing Assistant Secretaries appointed by the 
President: 
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265 
‘‘(i) The Assistant Secretary, Infra-
structure Protection. 
‘‘(ii) The Assistant Secretary, Office 
of Public Affairs. 
‘‘(iii) The Assistant Secretary, Office 
of Legislative Affairs. 
‘‘(C) SECRETARIAL APPOINTMENTS.—The 
Department shall have the following Assistant 
Secretaries appointed by the Secretary: 
‘‘(i) The Assistant Secretary, Office of 
Cybersecurity and Communications. 
‘‘(ii) The Assistant Secretary for 
International Affairs under section 602. 
‘‘(iii) The Assistant Secretary for 
Partnership and Engagement under sec-
tion 603. 
‘‘(D) LIMITATION ON CREATION OF POSI-
TIONS.—No Assistant Secretary position may 
be created in addition to the positions provided 
for by this section unless such position is au-
thorized by a statute enacted after the date of 
the enactment of the DHS Headquarters Re-
form and Improvement Act of 2015.’’. 
(i) HOMELAND SECURITY ADVISORY COUNCIL.—Sec-
tion 102(b) of the Homeland Security Act of 2002 (6 
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266 
U.S.C. 112(b)) is amended by striking ‘‘and’’ after the 
semicolon at the end of paragraph (2), striking the period 
at the end of paragraph (3) and inserting ‘‘; and’’, and 
adding at the end the following: 
‘‘(4) shall establish a Homeland Security Advi-
sory Council to provide advice and recommendations 
on homeland-security-related matters.’’. 
(j) PROHIBITION ON NEW OFFICES.—No new office 
may be created to perform functions transferred by this 
section, other than as provided in section 601 of the 
Homeland Security Act of 2002, as amended by this title, 
unless the Secretary of Homeland Security receives prior 
authorization from Congress permitting such change. 
(k) DEFINITIONS.—In this section each of the terms 
‘‘functions’’, ‘‘assets’’, and ‘‘personnel’’ has the meaning 
that term has under section 2 of the Homeland Security 
Act of 2002 (6 U.S.C. 101). 
(l) DUPLICATION REVIEW.—The Secretary of Home-
land Security shall— 
(1) within 1 year after the date of the enact-
ment of this Act, complete a review of the inter-
national affairs offices, functions, and responsibil-
ities of the components of the Department of Home-
land Security, to identify and eliminate areas of un-
necessary duplication; and 
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267 
(2) within 30 days after the completion of such 
review, provide the results of the review to the Com-
mittee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate. 
SEC. 1415. QUADRENNIAL HOMELAND SECURITY REVIEW. 
Section 707 of the Homeland Security Act of 2002 
(6 U.S.C. 347) is amended— 
(1) in subsection (a)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) REVIEW REQUIRED.—In fiscal year 2017, 
and every 4 years thereafter, the Secretary shall 
conduct a review of the homeland security of the Na-
tion (in this section referred to as a ‘quadrennial 
homeland security review’). Such review shall be con-
ducted so that it is completed, and the report under 
subsection (c) is issued, by no later than December 
31, 2017, and by December 31 of every fourth year 
thereafter.’’; and 
(B) in paragraph (3) by striking ‘‘The Sec-
retary shall conduct each quadrennial homeland 
security review under this subsection in con-
sultation with’’ and inserting ‘‘In order to en-
sure that each quadrennial homeland security 
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268 
review conducted under this section is coordi-
nated with the quadrennial defense review con-
ducted by the Secretary of Defense under sec-
tion 118 of title 10, United States Code, and 
any other major strategic review relating to di-
plomacy, intelligence, or other national security 
issues, the Secretary shall conduct and obtain 
information and feedback from entities of the 
homeland security enterprise through’’; 
(2) in subsection (b)— 
(A) in paragraph (5), by striking ‘‘and’’ 
after the semicolon at the end; 
(B) in paragraph (6), by striking the pe-
riod and inserting ‘‘; and’’; and 
(C) by adding after paragraph (6) the fol-
lowing: 
‘‘(7) leverage analytical tools and resources de-
veloped as part of the quadrennial homeland security 
review to support the Department’s ongoing pro-
grams and missions.’’; 
(3) in subsection (c)(2)— 
(A) by striking ‘‘and’’ after the semicolon 
at the end of subparagraph (H); 
(B) by redesignating subparagraph (I) as 
subparagraph (L); and 
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269 
(C) by inserting after subparagraph (H) 
the following: 
‘‘(I) a description of how the conclusions 
under the quadrennial homeland security review 
will inform efforts to develop capabilities and 
build capacity of States, local governments, In-
dian tribes, and private entities, and of individ-
uals, families, and communities; 
‘‘(J) as appropriate, proposed changes to 
the authorities, organization, governance struc-
ture, or business processes (including acquisi-
tion processes) of the Department in order to 
better fulfill responsibilities of the Department; 
‘‘(K) where appropriate, a classified annex, 
including materials prepared pursuant to sec-
tion 306 of title 5, United States Code, relating 
to the preparation of an agency strategic plan, 
to satisfy, in whole or in part, the reporting re-
quirements of this paragraph; and’’. 
SEC. 1416. FUTURE YEARS HOMELAND SECURITY PRO-
GRAM. 
Section 874 of the Homeland Security Act of 2002 
(6 U.S.C. 454) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
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‘‘(a) IN GENERAL.—Not later than the 30 days fol-
lowing the date of each fiscal year 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 Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate a Future Years Homeland Security Program that pro-
vides detailed estimates of the projected expenditures and 
corresponding requests for appropriations included in that 
budget. The Future Years Homeland Security Program 
shall cover the fiscal year for which the budget is sub-
mitted and the 4 succeeding fiscal years.’’; and 
(2) by adding at the end the following: 
‘‘(d) CONSISTENCY OF BUDGET REQUEST WITH ES-
TIMATES.—For each fiscal year, the Secretary shall ensure 
that the projected amounts specified in program and 
budget information for the Department submitted to Con-
gress in support of the President’s budget request are con-
sistent with the estimated expenditures and proposed ap-
propriations necessary to support the programs, projects, 
and activities of the Department included in the budget 
pursuant to section 1105(a)(5) of title 31, United States 
Code. 
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‘‘(e) EXPLANATION OF ALIGNMENT WITH STRATE-
GIES AND PLANS.—Together with the detailed estimates 
of the projected expenditures and corresponding requests 
for appropriations submitted for the Future Years Home-
land Security Program, the Secretary shall provide an ex-
planation of how those estimates and requests align with 
the homeland security strategies and plans developed and 
updated as appropriate by the Secretary. Such explanation 
shall include an evaluation of the organization, organiza-
tional structure, governance structure, and business proc-
esses (including acquisition processes) of the Department, 
to ensure that the Department is able to meet its respon-
sibilities. 
‘‘(f) PROJECTION
OF ACQUISITION ESTIMATES.— 
Each Future Years Homeland Security Program shall 
project— 
‘‘(1) acquisition estimates for a period of 5 fis-
cal years, with specified estimates for each fiscal 
year, for major acquisition programs by the Depart-
ment and each component therein, including mod-
ernization and sustainment expenses; and 
‘‘(2) estimated annual deployment schedules for 
major acquisition programs over the 5-fiscal-year pe-
riod. 
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‘‘(g) CONTINGENCY AMOUNTS.—Nothing in this sec-
tion shall be construed as prohibiting the inclusion in the 
Future Years Homeland Security Program of amounts for 
management contingencies, subject to the requirements of 
subsection (b). 
‘‘(h) CLASSIFIED OR SENSITIVE ANNEX.—The Sec-
retary may include with each submission under this sec-
tion a classified or sensitive annex containing any informa-
tion required to be submitted under this section that is 
restricted from public disclosure in accordance with Fed-
eral law, including information that is determined to be 
Sensitive Security Information under section 537 of the 
Department of Homeland Security Appropriations Act, 
2006 (6 U.S.C. 114) to Congress in a classified or sen-
sitive annex. 
‘‘(i) 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 Congress under this section, other than information de-
scribed in subsection (h).’’. 
SEC. 1417. MANAGEMENT AND EXECUTION. 
Section 701 of the Homeland Security Act of 2002 
(6 U.S.C. 341) is amended by striking subsections (a) and 
(b) and inserting the following: 
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‘‘(a) IN GENERAL.—Subject to the direction and con-
trol of the Secretary, the Under Secretary for Manage-
ment shall serve as the following: 
‘‘(1) The Chief Management Officer for all mat-
ters related to the management and administration 
of the Department in support of homeland security 
operations and programs. With regard to the man-
agement functions for which the Under Secretary 
has responsibility by law or by direction of the Sec-
retary, the Under Secretary for Management takes 
precedence in the Department after the Secretary 
and the Deputy Secretary of Homeland Security. 
‘‘(2) The senior official with the authority to 
administer, implement, and direct management inte-
gration and transformation across functional dis-
ciplines of the Department, including— 
‘‘(A) 
information 
technology, 
financial 
management, acquisition management, and 
human capital management of the Department 
to improve program efficiency and effectiveness; 
‘‘(B) ensure compliance with laws, rules, 
regulations, and the Department’s policies; 
‘‘(C) conduct regular oversight; and 
‘‘(D) prevent unnecessary duplication of 
programs in the Department. 
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‘‘(b) RESPONSIBILITIES.—In addition to responsibil-
ities designated by the Secretary or otherwise established 
by law, the Under Secretary for Management shall be re-
sponsible for performing, or delegating responsibility for 
performing, the following activities of the Department: 
‘‘(1) Development of the budget, management 
of appropriations, expenditures of funds, accounting, 
and finance. 
‘‘(2) Acquisition and procurement activities 
under section 701(d). 
‘‘(3) Human resources and personnel. 
‘‘(4) Information technology and communica-
tion systems, in consultation with the Under Sec-
retary for Intelligence and Analysis, as appropriate. 
‘‘(5) Facilities, property, equipment, and other 
material resources. 
‘‘(6) Real property and personal property. 
‘‘(7) Security for personnel, information tech-
nology and communications systems, facilities, prop-
erty, equipment, and other material resources. 
‘‘(8) Strategic management planning, annual 
performance planning, and identification and track-
ing of performance measures relating to the respon-
sibilities of the Department, including such respon-
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sibilities under section 306 of title 5, United States 
Code. 
‘‘(9) Oversight of grants and other assistance 
management programs to ensure proper administra-
tion. 
‘‘(10) Management integration and trans-
formation within each functional management dis-
cipline of the Department, including information 
technology, financial management, acquisition man-
agement, and human capital management, and the 
transition process, to ensure an efficient and orderly 
consolidation of functions and personnel in the De-
partment and transition, including the— 
‘‘(A) development of coordinated data 
sources and connectivity of information systems 
to the greatest extent practical to enhance pro-
gram visibility and transparency; 
‘‘(B) development of standardized, auto-
mated, and real-time management information 
to uniformly manage and oversee programs, 
and make informed decisions to improve the ef-
ficiency of the Department; 
‘‘(C) development of effective program 
management and regular oversight mechanisms, 
including clear roles and processes for program 
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governance, sharing of best practices, and ac-
cess to timely, reliable, and analyzed data on all 
acquisitions and investments; 
‘‘(D) implementation of mechanisms to 
promote accountability for management integra-
tion among Department and component chief 
officers; 
‘‘(E) integration of financial management 
systems within and across the Department to 
ensure financial transparency, support daily 
operational and financial decisionmaking, and 
maintain consecutive unqualified opinions for 
all financial statements, including the responsi-
bility to review, approve, and oversee the plan-
ning, design, acquisition, deployment, operation, 
maintenance, and modernization of business 
systems; 
‘‘(F) integration of human resource man-
agement systems within and across the Depart-
ment to track and record information (including 
attrition rates, knowledge, skills, and abilities 
critical for workforce planning, identifying cur-
rent and future human capital needs, including 
recruitment efforts and improving employee mo-
rale), including the responsibility to review, ap-
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prove, and oversee the planning, design, acquisi-
tion, deployment, operation, maintenance, and 
modernization of business systems; 
‘‘(G) development of a management inte-
gration strategy for the Department and its 
components to be submitted annually with the 
President’s budget to ensure that management 
of the Department is strengthened in the areas 
of human capital, acquisition, information tech-
nology, and financial management, which shall 
include— 
‘‘(i) short- and long-term objectives to 
effectively guide implementation of inter-
operable business systems solutions; 
‘‘(ii) issuance of guidance and action 
plans with dates, specific actions, and costs 
for implementing management integration 
and transformation of common functional 
disciplines across the Department and its 
components; 
‘‘(iii) specific operational and tactical 
goals, activities, and timelines needed to 
accomplish the integration effort; 
‘‘(iv) performance measures to mon-
itor and validate corrective measures; 
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‘‘(v) efforts to identify resources need-
ed to achieve key actions and outcomes; 
‘‘(vi) other issues impeding manage-
ment integration; 
‘‘(vii) reporting to the Government 
Accountability Office twice annually to 
demonstrate 
measurable, 
sustainable 
progress made in implementing the De-
partment’s corrective action plans and 
achieving key outcomes, including regard-
ing— 
‘‘(I) leadership commitment; 
‘‘(II) capacity building; and 
‘‘(III) continuous monitoring to 
address Government Accountability 
Office designations of programs at 
high risk for waste, fraud, and abuse, 
including with respect to strength-
ening management functions; 
‘‘(viii) review and approve any major 
update to the Department’s strategy re-
lated to management integration and 
transformation across functional disciplines 
and lines of business, including any busi-
ness systems modernization plans to maxi-
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mize benefits and minimize costs for the 
Department; and 
‘‘(ix) before December 1 of each year 
in which a Presidential election is held, the 
development of a transition and succession 
plan to guide the transition of Department 
functions to a new Presidential administra-
tion, and making such plan available to the 
next Secretary and Under Secretary for 
Management and to the homeland security 
congressional committees. 
‘‘(H) Oversight, including the conduct of 
internal audits and management analyses, of 
the programs and activities of the Department. 
Such supervision includes establishing oversight 
procedures to ensure a full and effective review 
of the efforts by Department components to im-
plement policies and procedures of the Depart-
ment for management integration and trans-
formation. 
‘‘(I) Any other management duties that 
the Secretary may designate.’’. 
SEC. 1418. CHIEF FINANCIAL OFFICER. 
Section 702 of the Homeland Security Act of 2002 
(6 U.S.C. 341) is amended by redesignating subsections 
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(b) and (c) as subsections (c) and (d), respectively, and 
by inserting after subsection (a) the following: 
‘‘(b) RESPONSIBILITIES.—Notwithstanding sections 
901 and 1122 of title 31, United States Code, the Chief 
Financial Officer, in consultation with the Under Sec-
retary for Management and the Under Secretary for Intel-
ligence and Analysis, as appropriate, shall— 
‘‘(1) lead cost-estimating practices for the De-
partment, including the development of the Depart-
ment’s policy on cost estimating and approval of life 
cycle cost estimates; 
‘‘(2) oversee coordination with the Office of Pol-
icy on the Department’s long-term strategic plan-
ning to ensure that the development of the Depart-
ment’s budget is compatible with the priorities, stra-
tegic plans, and policies established by the Sec-
retary; 
‘‘(3) develop and oversee the Department’s fi-
nancial management policy; 
‘‘(4) provide guidance for and over financial 
system modernization efforts throughout the Depart-
ment; 
‘‘(5) establish effective internal controls over fi-
nancial reporting systems and processes throughout 
the Department; 
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‘‘(6) lead assessments of internal controls re-
lated to the Department’s financial management sys-
tems and review financial processes to ensure that 
internal controls are designed properly and operate 
effectively; 
‘‘(7) lead the Department’s efforts related to fi-
nancial oversight, including identifying ways to 
streamline and standardize business processes; 
‘‘(8) lead and provide guidance on performance- 
based budgeting practices for the Department to en-
sure that the Department and its components are 
meeting missions and goals; 
‘‘(9) ensure that Department components’ sen-
ior financial officers certify that their major acquisi-
tion programs have adequate resources to execute 
their programs through the 5-year future years 
homeland security program period, so that the De-
partment’s funding requirements for major acquisi-
tion programs match expected resources; 
‘‘(10) ensure that components identify and re-
port all expected costs of acquisition programs to the 
Chief Financial Officer of the Department; 
‘‘(11) oversee Department budget formulation 
and execution; 
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‘‘(12) fully implement a common accounting 
structure to be used across the entire Department 
by fiscal year 2019; and 
‘‘(13) track, approve, oversee, and make public 
information on expenditures by components of the 
Department for conferences, as appropriate, includ-
ing by requiring each component of the Department 
to— 
‘‘(A) report to the Inspector General of the 
Department the expenditures by the component 
for each conference hosted or attended by De-
partment employees for which the total expendi-
tures of the Department exceed $20,000, within 
15 days after the date of the conference; and 
‘‘(B) with respect to such expenditures, 
provide to the Inspector General— 
‘‘(i) the information described in sub-
sections (a), (b), and (c) of section 739 of 
Public Law 113–235; and 
‘‘(ii) documentation of such expendi-
tures.’’. 
SEC. 1419. CHIEF PROCUREMENT OFFICER. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.) is further amended 
by adding at the end the following: 
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‘‘SEC. 708. CHIEF PROCUREMENT OFFICER. 
‘‘(a) IN GENERAL.—There is a Chief Procurement 
Officer of the Department, who shall report directly to the 
Under Secretary for Management. The Chief Procurement 
Officer is the senior procurement executive for purposes 
of section 1702(c) of title 41 United States Code, and 
shall perform procurement functions as specified in such 
section. The Chief Procurement Officer also shall perform 
other functions and responsibilities set forth in this section 
and as may be assigned by the Under Secretary for Man-
agement. 
‘‘(b) RESPONSIBILITIES.—The Chief Procurement 
Officer shall— 
‘‘(1) exercise leadership and authority to the ex-
tent delegated by the Under Secretary for Manage-
ment over the Department’s procurement function; 
‘‘(2) issue procurement policies, and shall serve 
as a senior business advisor to agency officials on 
acquisition-related matters, including policy and 
workforce matters, as determined by the Under Sec-
retary for Management; 
‘‘(3) account for the integrity, performance, and 
oversight of Department procurement and con-
tracting functions and be responsible for ensuring 
that a procurement’s contracting strategy and plans 
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are consistent with the intent and direction of the 
Acquisition Review Board; 
‘‘(4) serve as the Department’s main liaison to 
industry on procurement-related issues; 
‘‘(5) oversee a centralized certification and 
training program, in consultation with the Under 
Secretary for Management, for the entire Depart-
ment acquisition workforce while using, to the great-
est extent practicable, best practices and acquisition 
training opportunities already in existence within the 
Federal Government, the private sector, or univer-
sities and colleges, as appropriate, and including 
training on how best to identify actions that warrant 
referrals for suspension or debarment; 
‘‘(6) delegate or retain contracting authority, as 
appropriate; 
‘‘(7) provide input on the periodic performance 
reviews of each head of contracting activity of the 
Department; 
‘‘(8) collect baseline data and use such data to 
establish performance measures on the impact of 
strategic sourcing initiatives on the private sector, 
including, in particular, small businesses; 
‘‘(9) ensure that a fair proportion (as defined 
pursuant to the Small Business Act (15 U.S.C. 631 
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et seq.)) of Federal contract and subcontract dollars 
are awarded to small businesses, maximize opportu-
nities for small business participation, and ensure, to 
the extent practicable, small businesses that achieve 
qualified vendor status for security-related tech-
nologies are provided an opportunity to compete for 
contracts for such technology; and 
‘‘(10) conduct oversight of implementation of 
administrative agreements to resolve suspension or 
debarment proceedings and, upon request, provide 
information to the Committee on Homeland Security 
of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of 
the Senate about the effectiveness of such agree-
ments at improving contractor responsibility. 
‘‘(c) HEAD OF CONTRACTING ACTIVITY DEFINED.— 
In this section the term ‘head of contracting activity’ 
means each official responsible for the creation, manage-
ment, and oversight of a team of procurement profes-
sionals properly trained, certified, and warranted to ac-
complish the acquisition of products and services on behalf 
of the designated components, offices, and organizations 
of the Department, and as authorized, other government 
entities.’’. 
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(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by adding 
at the end of the items relating to such title the following: 
‘‘Sec. 708. Chief Procurement Officer.’’. 
SEC. 1420. CHIEF INFORMATION OFFICER. 
(a) IN GENERAL.—Section 703 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 343) is amended— 
(1) in subsection (a), by adding at the end the 
following: ‘‘In addition to the functions under sec-
tion 3506(a)(2) of title 44, United States Code, the 
Chief Information Officer shall perform the func-
tions set forth in this section and such other func-
tions as may be assigned by the Secretary.’’; 
(2) by redesignating subsection (b) as sub-
section (e); and 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) RESPONSIBILITIES.—In addition to the func-
tions under section 3506 of title 44, United States Code, 
the Chief Information Officer, in consultation with the 
Under Secretary for Management, shall— 
‘‘(1) advise and assist the Secretary, heads of 
the components of the Department, and other senior 
officers in carrying out the responsibilities of the 
Department for all activities relating to the budgets, 
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programs, and operations of the information tech-
nology functions of the Department; 
‘‘(2) to the extent delegated by the Secretary— 
‘‘(A) exercise leadership and authority over 
Department information technology manage-
ment; and 
‘‘(B) establish the information technology 
priorities, policies, processes, standards, guide-
lines, and procedures of the Department to en-
sure interoperability and standardization of in-
formation technology; 
‘‘(3) serve as the lead technical authority for in-
formation technology programs; 
‘‘(4) maintain a consolidated inventory of the 
Department’s mission critical and mission essential 
information systems, and develop and maintain con-
tingency plans for responding to a disruption in the 
operation of any of those information systems; 
‘‘(5) maintain the security, visibility, reliability, 
integrity, and availability of data and information 
technology of the Department including the security 
of the Homeland Security Data Network; 
‘‘(6) in coordination with relevant officials of 
the Department, ensure that the Department is in 
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compliance with subchapter II of chapter 35 of title 
44, United States Code; 
‘‘(7) establish policies and procedures to effec-
tively monitor and manage vulnerabilities in the sup-
ply chain for purchases of information technology; 
‘‘(8) in coordination with relevant officials of 
the Department, ensure Department compliance 
with Homeland Security Presidential Directive 12; 
‘‘(9) in coordination with relevant officials of 
the Department, ensure that information technology 
systems of the Department meet the standards es-
tablished under the information sharing environ-
ment, as defined in section 1016 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (6 
U.S.C. 485); 
‘‘(10) develop measures to monitor the perform-
ance of Department components’ use and implemen-
tation of information technology systems and con-
sistently monitor such performance to ensure that 
such systems are used effectively; 
‘‘(11) ensure that Department components re-
port to the Chief Information Officer of the Depart-
ment a complete inventory of information systems 
and fully adhere to Department guidance related to 
information technology; 
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‘‘(12) carry out any other responsibilities dele-
gated by the Secretary consistent with an effective 
information system management function; and 
‘‘(13) carry out authorities over Department in-
formation technology consistent with section 113419 
of title 40, United States Code. 
‘‘(c) STRATEGIC PLANS.—In coordination with the 
Chief Financial Officer, the Chief Information Officer 
shall develop an information technology strategic plan 
every 5 years and report to the Committee on Homeland 
Security and the Committee on Appropriations of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs and the Com-
mittee on Appropriations of the Senate on— 
‘‘(1) how the information technology strategic 
plans developed under this subsection are used to 
help inform the Department’s budget process; 
‘‘(2) how the Department’s budget aligns with 
priorities specified in the information technology 
strategic plans; 
‘‘(3) in cases in which it is not possible to fund 
all information technology strategic plan activities 
for a given fiscal year, the rationale as to why cer-
tain activities are not being funded in lieu of higher 
priorities; 
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‘‘(4) what decisionmaking process was used to 
arrive at these priorities and the role of Department 
components in that process; and 
‘‘(5) examine the extent to which unnecessary 
duplicate information technology within and across 
the components of the Department has been elimi-
nated. 
‘‘(d) SOFTWARE LICENSING.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of the enactment of the DHS Head-
quarters Reform and Improvement Act of 2015, and 
every 2 years thereafter until 2020, the Chief Infor-
mation Officer, in consultation with Department 
component chief information officers, shall— 
‘‘(A) conduct a Department-wide inventory 
of all existing software licenses held by the De-
partment, including utilized and unutilized li-
censes; 
‘‘(B) assess the needs of the Department 
and the components of the Department for soft-
ware licenses for the subsequent 2 fiscal years; 
‘‘(C) examine how the Department can 
achieve the greatest possible economies of scale 
and cost savings in the procurement of software 
licenses; 
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‘‘(D) determine how the use of shared 
cloud-computing services will impact the needs 
for software licenses for the subsequent 2 fiscal 
years; and 
‘‘(E) establish plans and estimated costs 
for eliminating unutilized software licenses for 
the subsequent 2 fiscal years. 
‘‘(2) EXCESS SOFTWARE LICENSING.— 
‘‘(A) PLAN
TO
REDUCE
SOFTWARE
LI-
CENSES.—If the Chief Information Officer de-
termines through the inventory conducted under 
paragraph (1) that the number of software li-
censes held by the Department and the compo-
nents of the Department exceed the needs of 
the Department as assessed under paragraph 
(1), the Secretary, not later than 90 days after 
the date on which the inventory is completed, 
shall establish a plan for bringing the number 
of such software licenses into balance with such 
needs of the Department. 
‘‘(B) PROHIBITION ON PROCUREMENT OF 
NEW SOFTWARE LICENSES.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), upon completion of a 
plan established under paragraph (1), no 
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additional resources may be obligated for 
the procurement of new software licenses 
for the Department until such time as the 
need of the Department exceeds the num-
ber of used and unused licenses held by the 
Department. 
‘‘(ii) EXCEPTION.—The Chief Infor-
mation Officer may authorize the purchase 
of additional licenses and amend the num-
ber of needed licenses as necessary. 
‘‘(3) GAO REVIEW.—The Comptroller General 
of the United States shall review the inventory con-
ducted under paragraph (1)(A) and the plan estab-
lished under paragraph (2)(A). 
‘‘(4) SUBMISSION
TO
CONGRESS.—The Chief 
Information Officer shall submit a copy of each in-
ventory conducted under paragraph (1)(A) and each 
plan established under paragraph (2)(A) to the 
Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate.’’. 
(b) COMPLETION OF FIRST DEFINITION OF CAPA-
BILITIES.—The Chief Information Officer shall complete 
the first implementation of section 701(c) of the Home-
land Security Act of 2002, as amended by this section, 
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by not later than 1 year after the date of the enactment 
of this Act. 
SEC. 1421. CHIEF HUMAN CAPITAL OFFICER. 
Section 704 of the Homeland Security Act of 2002 
(6 U.S.C. 343) is amended to read as follows: 
‘‘SEC. 704. CHIEF HUMAN CAPITAL OFFICER. 
‘‘(a) IN GENERAL.—There is a Chief Human Capital 
Officer of the Department who shall report directly to the 
Under Secretary of Management. 
‘‘(b) RESPONSIBILITIES.—The Chief Human Capital 
Officer shall— 
‘‘(1) develop and implement strategic workforce 
planning efforts that are consistent with Govern-
ment-wide leading principles, and that are in line 
with Department strategic human capital goals and 
priorities; 
‘‘(2) develop performance measures to provide a 
basis for monitoring and evaluating Department- 
wide strategic workforce planning efforts; 
‘‘(3) develop strategies to recruit, hire, and 
train the Department workforce; 
‘‘(4) work with the component heads to identify 
methods for managing and overseeing human capital 
programs and initiatives; 
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‘‘(5) develop a career path framework, and cre-
ate opportunities for leader development; 
‘‘(6) serve as the Department’s central office 
for managing employee resources, including training 
and development opportunities; 
‘‘(7) coordinate the Department’s human re-
source management system; 
‘‘(8) conduct efficiency reviews to determine if 
components are implementing human capital pro-
grams and initiatives; and 
‘‘(9) identify and eliminate unnecessary and du-
plicative human capital policies and guidance. 
‘‘(c) COMPONENT STRATEGIES.— 
‘‘(1) IN GENERAL.—Each component of the De-
partment shall coordinate with the Chief Human 
Capital Officer of the Department to develop or 
maintain its own 5-year workforce strategy that will 
support the Department’s goals, objectives, perform-
ance measures, and determination of the proper bal-
ance of Federal employees and private labor re-
sources. 
‘‘(2) STRATEGY
REQUIREMENTS.—The Chief 
Human Capital Officer shall ensure that, in the de-
velopment of the strategy required by subsection (c), 
the head of the component reports to the Chief 
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