IB 
Union Calendar No. 135 
115TH CONGRESS 
1ST SESSION H. R. 2825 
[Report No. 115–198] 
To amend the Homeland Security Act of 2002 to make certain improvements 
in the laws administered by the Secretary of Homeland Security, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 8, 2017 
Mr. MCCAUL (for himself and Mr. HIGGINS of Louisiana) introduced the 
following bill; which was referred to the Committee on Homeland Security 
JUNE 28, 2017 
Additional sponsors: Mr. FITZPATRICK, Ms. MCSALLY, Mr. KING of New 
York, Mr. GALLAGHER, Mr. GARRETT, Mr. PERRY, Mr. DONOVAN, Mr. 
RUTHERFORD, Mr. RATCLIFFE, and Mr. KATKO 
JUNE 28, 2017 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 8, 2017] 
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A BILL 
To amend the Homeland Security Act of 2002 to make 
certain improvements in the laws administered by the 
Secretary of Homeland Security, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘De-
partment of Homeland Security Authorization Act of 2017’’ 
or the ‘‘DHS Authorization Act of 2017’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; Table of contents. 
TITLE I—DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS 
Subtitle A—Headquarters Operations 
Sec. 101. Homeland security enterprise defined. 
Sec. 102. Functions and components of Headquarters of Department of Homeland 
Security. 
Sec. 103. Repeal of Director of Shared Services and Office of Counternarcotics 
Enforcement of Department of Homeland Security. 
Sec. 104. Responsibilities and functions of Chief Privacy Officer. 
Sec. 105. Responsibilities of Chief Financial Officer. 
Sec. 106. Chief Information Officer. 
Sec. 107. Quadrennial Homeland Security review. 
Sec. 108. Office of Strategy, Policy, and Plans. 
Sec. 109. Chief Procurement Officer. 
Sec. 110. Chief Security Officer. 
Sec. 111. Office of Inspector General. 
Sec. 112. Office for Civil Rights and Civil Liberties. 
Sec. 113. Department of Homeland Security Rotation Program. 
Sec. 114. Future Years Homeland Security Program. 
Sec. 115. Field efficiencies plan. 
Sec. 116. Submission to Congress of information regarding reprogramming or 
transfer of Department of Homeland Security resources to re-
spond to operational surges. 
Sec. 117. Report to Congress on cost savings and efficiency. 
Sec. 118. Research and development and CBRNE organizational review. 
Sec. 119. Activities related to children. 
Subtitle B—Human Resources and Other Matters 
Sec. 121. Chief Human Capital Officer responsibilities. 
Sec. 122. Employee engagement steering committee and action plan. 
Sec. 123. Annual employee award program. 
Sec. 124. Independent investigation and implementation plan. 
Sec. 125. Center for faith-based and neighborhood partnerships. 
Sec. 126. Timely guidance to DHS personnel regarding Executive Orders. 
Sec. 127. Secretary’s responsibilities regarding election infrastructure. 
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TITLE II—DEPARTMENT OF HOMELAND SECURITY ACQUISITION 
ACCOUNTABILITY AND EFFICIENCY 
Sec. 201. Definitions. 
Subtitle A—Acquisition Authorities 
Sec. 211. Acquisition authorities for Under Secretary for Management of the De-
partment of Homeland Security. 
Sec. 212. Acquisition authorities for Chief Financial Officer of the Department of 
Homeland Security. 
Sec. 213. Acquisition authorities for Chief Information Officer of the Department 
of Homeland Security. 
Sec. 214. Acquisition authorities for Program Accountability and Risk Manage-
ment. 
Sec. 215. Acquisition innovation. 
Subtitle B—Acquisition Program Management Discipline 
Sec. 221. Acquisition Review Board. 
Sec. 222. Requirements to reduce duplication in acquisition programs. 
Sec. 223. Department leadership council. 
Sec. 224. Government Accountability Office review of Board and of requirements 
to reduce duplication in acquisition programs. 
Sec. 225. Excluded party list system waivers. 
Sec. 226. Inspector General oversight of suspension and debarment. 
Subtitle C—Acquisition Program Management Accountability and 
Transparency 
Sec. 231. Congressional notification for major acquisition programs. 
Sec. 232. Multiyear Acquisition Strategy. 
Sec. 233. Acquisition reports. 
TITLE III—INTELLIGENCE AND INFORMATION SHARING 
Subtitle A—Department of Homeland Security Intelligence Enterprise 
Sec. 301. Homeland intelligence doctrine. 
Sec. 302. Analysts for the Chief Intelligence Officer. 
Sec. 303. Annual homeland terrorist threat assessments. 
Sec. 304. Department of Homeland Security data framework. 
Sec. 305. Establishment of Insider Threat Program. 
Sec. 306. Threat assessment on terrorist use of virtual currency. 
Sec. 307. Department of Homeland Security counterterrorism advisory board. 
Sec. 308. Border and gang threat assessment. 
Sec. 309. Security clearance management and administration. 
Subtitle B—Stakeholder Information Sharing 
Sec. 311. Department of Homeland Security Fusion Center Partnership Initia-
tive. 
Sec. 312. Fusion center personnel needs assessment. 
Sec. 313. Program for State and local analyst clearances. 
Sec. 314. Information technology assessment. 
Sec. 315. Department of Homeland Security classified facility inventory and dis-
semination. 
Sec. 316. Terror inmate information sharing. 
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Sec. 317. Annual report on Office for State and Local Law Enforcement. 
Sec. 318. Annual catalog on Department of Homeland Security training, publica-
tions, programs, and services for State, local, and tribal law en-
forcement agencies. 
TITLE IV—MARITIME SECURITY 
Sec. 401. Strategic plan to enhance the security of the international supply chain. 
Sec. 402. Container Security Initiative. 
Sec. 403. Cyber at ports. 
Sec. 404. Facility inspection intervals. 
Sec. 405. Updates of maritime operations coordination plan. 
Sec. 406. Evaluation of Coast Guard Deployable Specialized Forces. 
Sec. 407. Cost benefit analysis of co-locating DHS assets. 
Sec. 408. Repeal of interagency operational centers for port security and secure 
systems of transportation. 
Sec. 409. Maritime security capabilities assessments. 
Sec. 410. Conforming and clerical amendments. 
TITLE V—TRANSPORTATION SECURITY ADMINISTRATION 
Subtitle A—Administration 
Sec. 501. Amendments to the Homeland Security Act of 2002 and title 5, United 
States Code. 
Sec. 502. Amendments to title 49, United States Code. 
Sec. 503. Amendments to the Aviation and Transportation Security Act. 
Sec. 504. Information required to be submitted to Congress under the strategic 5- 
year technology investment plan of the Transportation Security 
Administration. 
Sec. 505. Maintenance of security-related technology. 
Sec. 506. Transportation Security Administration efficiency. 
Sec. 507. Transportation senior executive service accountability. 
Subtitle B—Passenger Security and Screening 
Sec. 511. Department of Homeland Security trusted traveler program collabora-
tion. 
Sec. 512. PreCheck Biometric pilot project. 
Sec. 513. Identity and travel document verification. 
Sec. 514. Computed tomography pilot project. 
Sec. 515. Explosives detection canine teams for aviation. 
Sec. 516. Standard operating procedures at airport checkpoints. 
Sec. 517. Traveler redress improvement. 
Sec. 518. Screening in areas other than passenger terminals. 
Sec. 519. Federal Air Marshal Service agreements. 
Sec. 520. Federal Air Marshal mission scheduling automation. 
Sec. 521. Canine detection research and development. 
Sec. 522. International Civil Aviation Organization. 
Sec. 523. Passenger security fee. 
Sec. 524. Last point of departure airport certification. 
Sec. 525. Security standards at foreign airports. 
Sec. 526. Security incident response at airports and surface transportation hubs. 
Sec. 527. Airport security screening opt-out program. 
Sec. 528. Personnel management system review. 
Sec. 529. Innovation task force. 
Sec. 530. Airport law enforcement reimbursement. 
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Subtitle C—Transportation Security Screening Personnel Training and 
Accountability 
Sec. 531. Transportation security training programs. 
Sec. 532. Alternate new security screening personnel training program cost and 
feasibility study. 
Sec. 533. Prohibition of advance notice of covert testing to security screeners. 
Subtitle D—Airport Access Controls and Perimeter Security 
Sec. 541. Reformation of certain programs of the Transportation Security Ad-
ministration. 
Sec. 542. Airport perimeter and access control security. 
Sec. 543. Exit lane security. 
Sec. 544. Reimbursement for deployment of armed law enforcement personnel at 
airports. 
Subtitle E—Air Cargo Security 
Sec. 551. Air cargo advance screening program. 
Sec. 552. Explosives detection canine teams for air cargo security. 
Subtitle F—Information Sharing and Cybersecurity 
Sec. 561. Information sharing and cybersecurity. 
Subtitle G—Surface Transportation Security 
Sec. 571. Definitions. 
Sec. 572. Surface transportation security assessment and implementation of risk- 
based strategy. 
Sec. 573. Risk-based budgeting and resource allocation. 
Sec. 574. Surface transportation security management and interagency coordina-
tion review. 
Sec. 575. Transparency. 
Sec. 576. TSA counterterrorism asset deployment. 
Sec. 577. Surface transportation security advisory committee. 
Sec. 578. Review of the explosives detection canine team program. 
Sec. 579. Expansion of national explosives detection canine team program. 
Sec. 580. Explosive detection technology. 
Sec. 581. Study on security standards and best practices for United States and 
foreign passenger transportation systems. 
Sec. 582. Amtrak security upgrades. 
Sec. 583. Study on surface transportation inspectors. 
Sec. 584. Security awareness program. 
Sec. 585. Voluntary use of credentialing. 
Sec. 586. Background records checks for issuance of hazmat licenses. 
Sec. 587. Recurrent vetting for surface transportation credential-holders. 
Sec. 588. Pipeline security study. 
Sec. 589. Repeal of limitation relating to motor carrier security-sensitive mate-
rial tracking technology. 
Subtitle H—Security Enhancements in Public Areas of Transportation 
Facilities 
Sec. 591. Working group. 
Sec. 592. Technical assistance; Vulnerability assessment tools. 
Sec. 593. Operations centers. 
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Sec. 594. Review of regulations. 
Sec. 595. Definition. 
TITLE VI—EMERGENCY PREPAREDNESS, RESPONSE, AND 
COMMUNICATIONS 
Subtitle A—Grants, Training, Exercises, and Coordination 
Sec. 601. Urban Area Security Initiative. 
Sec. 602. State Homeland Security Grant Program. 
Sec. 603. Grants to directly eligible tribes. 
Sec. 604. Law enforcement terrorism prevention. 
Sec. 605. Prioritization. 
Sec. 606. Allowable uses. 
Sec. 607. Approval of certain equipment. 
Sec. 608. Memoranda of understanding. 
Sec. 609. Grants metrics. 
Sec. 610. Grant management best practices. 
Sec. 611. Prohibition on consolidation. 
Sec. 612. Maintenance of grant investments. 
Sec. 613. Transit security grant program. 
Sec. 614. Port security grant program. 
Sec. 615. National Domestic Preparedness Consortium. 
Sec. 616. Rural Domestic Preparedness Consortium. 
Sec. 617. Emergency support functions. 
Sec. 618. Review of National Incident Management System. 
Sec. 619. Remedial action management program. 
Sec. 620. Cyber preparedness. 
Sec. 621. Major metropolitan area counterterrorism training and exercise grant 
program. 
Sec. 622. Center for Domestic Preparedness. 
Sec. 623. Operation Stonegarden. 
Sec. 624. Non-Profit Security Grant Program. 
Sec. 625. FEMA Senior Law Enforcement Advisor. 
Sec. 626. Study of the use of grant funds for cybersecurity. 
Sec. 627. Technical expert authorized. 
Subtitle B—Communications 
Sec. 631. Office of Emergency Communications. 
Sec. 632. Responsibilities of Office of Emergency Communications Director. 
Sec. 633. Annual reporting on activities of the Office of Emergency Communica-
tions. 
Sec. 634. National Emergency Communications Plan. 
Sec. 635. Technical edit. 
Sec. 636. Public Safety Broadband Network. 
Sec. 637. Communications training. 
Subtitle C—Medical Preparedness 
Sec. 641. Chief Medical Officer. 
Sec. 642. Medical Countermeasures Program. 
Subtitle D—Management 
Sec. 651. Mission support. 
Sec. 652. Systems modernization. 
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Sec. 653. Strategic human capital plan. 
Sec. 654. Office of Disability Integration and Coordination of Department of 
Homeland Security. 
TITLE VII—OTHER MATTERS 
Sec. 701. Decision regarding certain executive memoranda. 
Sec. 702. Permanent authorization for Asia-Pacific Economic Cooperation Busi-
ness Travel Card Program. 
Sec. 703. Authorization of appropriations for Office of Inspector General. 
Sec. 704. Canine teams. 
Sec. 705. Technical amendments to the Homeland Security Act of 2002. 
TITLE 
I—DEPARTMENT 
OF 
HOMELAND SECURITY HEAD-
QUARTERS 
Subtitle A—Headquarters 
Operations 
SEC. 101. HOMELAND SECURITY ENTERPRISE DEFINED. 
Section 2 of the Homeland Security Act of 2002 (6 
U.S.C. 101) is amended— 
(1) by redesignating paragraphs (9) through (20) 
as paragraphs (10) through (21), respectively; and 
(2) by inserting after paragraph (8) the fol-
lowing new paragraph (9): 
‘‘(9) The term ‘homeland security enterprise’ 
means any relevant governmental or nongovernmental 
entity involved in homeland security, including a 
Federal, State, or local government official, private 
sector representative, academic, or other policy ex-
pert.’’. 
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‘‘(H) establish and implement, in consulta-
tion with the Office of Civil Rights and Civil 
Liberties, policies which preserve individual lib-
erty, fairness, and equality under the law; 
‘‘(I) manage and encourage shared services 
across Department components; 
‘‘(J) lead and coordinate interaction with 
Congress and other external organizations; and 
‘‘(K) carry out other such functions as the 
Secretary determines are appropriate.’’. 
SEC. 103. REPEAL OF DIRECTOR OF SHARED SERVICES AND 
OFFICE OF COUNTERNARCOTICS ENFORCE-
MENT OF DEPARTMENT OF HOMELAND SECU-
RITY. 
(a) ABOLISHMENT OF DIRECTOR OF SHARED SERV-
ICES.— 
(1) ABOLISHMENT.—The position of Director of 
Shared Services of the Department of Homeland Se-
curity is abolished. 
(2) CONFORMING AMENDMENT.—The Homeland 
Security Act of 2002 is amended by striking section 
475 (6 U.S.C. 295). 
(3) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act is amended by strik-
ing the item relating to section 475. 
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(b) ABOLISHMENT
OF
THE OFFICE
OF COUNTER-
NARCOTICS ENFORCEMENT.— 
(1) ABOLISHMENT.—The Office of Counter-
narcotics Enforcement is abolished. 
(2) CONFORMING AMENDMENTS.—The Homeland 
Security Act of 2002 is amended— 
(A) 
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’’; and 
(B) by striking section 878 (6 U.S.C. 112). 
(3) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act is amended by strik-
ing the item relating to section 878. 
SEC. 104. RESPONSIBILITIES AND FUNCTIONS OF CHIEF 
PRIVACY OFFICER. 
(a) IN GENERAL.—Section 222 of the Homeland Secu-
rity 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 
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(ii) by striking ‘‘to the Secretary, to 
assume’’ and inserting ‘‘to the Secretary. 
Such official shall have’’; 
(B) in paragraph (5), by striking ‘‘and’’ at 
the end; 
(C) by striking paragraph (6); and 
(D) by inserting after paragraph (5) the fol-
lowing new paragraphs: 
‘‘(6) developing guidance to assist components of 
the Department in developing privacy policies and 
practices; 
‘‘(7) establishing a mechanism to ensure such 
components are in compliance with Federal, regu-
latory, statutory, and Department privacy require-
ments, mandates, directives, and policies; 
‘‘(8) working with the Chief Information Officer 
of the Department to identify methods for managing 
and overseeing the records, management policies, and 
procedures of the Department; 
‘‘(9) working with components and offices of the 
Department to ensure that information sharing ac-
tivities incorporate privacy protections; 
‘‘(10) serving as the Chief FOIA Officer of the 
Department for purposes of subsection (j) of section 
552 of title 5, United States Code (popularly known 
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as the Freedom of Information Act), to manage and 
process requests related to such section; 
‘‘(11) developing guidance on procedures to be 
followed by individuals making requests for informa-
tion under section 552 of title 5, United States Code; 
‘‘(12) overseeing 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 offices; 
‘‘(13) identifying and eliminating unnecessary 
and duplicative actions taken by the Department in 
the course of processing requests for information 
under section 552 of title 5, United States Code; 
‘‘(14) preparing an annual report to Congress 
that includes— 
‘‘(A) a description of the activities of the 
Department that affect privacy during the fiscal 
year covered by the report, including complaints 
of privacy violations, implementation of section 
552a of title 5, United States Code (popularly 
known as the Privacy Act of 1974), internal con-
trols, and other matters; and 
‘‘(B) the number of new technology pro-
grams implemented in the Department during 
the fiscal year covered by the report, the number 
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of such programs that the Chief Privacy Officer 
has evaluated to ensure that privacy protections 
are considered and implemented, the number of 
such programs that effectively implemented pri-
vacy protections into new technology programs, 
and an explanation of why any new programs 
did not effectively implement privacy protec-
tions; and 
‘‘(15) carrying out such other responsibilities as 
the Secretary determines are appropriate, consistent 
with this section.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(f) 
REASSIGNMENT
OF
FUNCTIONS.—Notwith-
standing subsection (a)(10), the Secretary may reassign the 
functions related to managing and processing requests for 
information under section 552 of title 5, United States 
Code, to another officer within the Department, consistent 
with requirements of that section.’’. 
SEC. 105. RESPONSIBILITIES OF CHIEF FINANCIAL OFFI-
CER. 
Section 702 of the Homeland Security Act of 2002 (6 
U.S.C. 342) is amended— 
(1) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
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(2) by inserting after subsection (a) the following 
new subsection (b): 
‘‘(b) RESPONSIBILITIES.—The Chief Financial Officer, 
in consultation with the Under Secretary for Management 
and the Under Secretary for Intelligence and Analysis, as 
appropriate, shall— 
‘‘(1) oversee Department budget formulation and 
execution; 
‘‘(2) 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; 
‘‘(3) lead cost-estimating practices for the De-
partment, including the development of policies on 
cost estimating and approval of life cycle cost esti-
mates; 
‘‘(4) coordinate with the Office of Strategy, Pol-
icy, and Plans to ensure that the development of the 
budget for the Department is compatible with the 
long-term strategic plans, priorities, and policies of 
the Secretary; 
‘‘(5) develop financial management policy for the 
Department and oversee the implementation of such 
policy, including the establishment of effective inter-
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nal controls over financial reporting systems and 
processes throughout the Department; 
‘‘(6) provide guidance for and over financial sys-
tem modernization efforts throughout the Department; 
‘‘(7) lead the efforts of the Department related to 
financial oversight, including identifying ways to 
streamline and standardize business processes; 
‘‘(8) oversee the costs of acquisition programs 
and related activities to ensure that actual and 
planned costs are in accordance with budget estimates 
and are affordable, or can be adequately funded, over 
the lifecycle of such programs and activities; 
‘‘(9) fully implement a common accounting 
structure to be used across the entire Department by 
fiscal year 2020; and 
‘‘(10) track, approve, oversee, and make public 
information on expenditures by components of the De-
partment for conferences, as appropriate, including 
by requiring each component to— 
‘‘(A) report to the Inspector General of the 
Department the expenditures by such component 
for each conference hosted or attended by Depart-
ment employees for which the total expenditures 
of the Department exceed $20,000, within 15 
days after the date of the conference; and 
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‘‘(B) with respect to such expenditures, pro-
vide to the Inspector General— 
‘‘(i) the information described in sub-
sections (a), (b), and (c) of section 739 of 
title VII of division E of the Consolidated 
and Further Continuing Appropriations 
Act, 2015 (Public Law 113–235); and 
‘‘(ii) documentation of such expendi-
tures.’’. 
SEC. 106. CHIEF INFORMATION OFFICER. 
(a) IN GENERAL.—Section 703 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 343) is amended— 
(1) in subsection (a), by adding at the end the 
following new sentence: ‘‘In addition to the functions 
under section 3506(a)(2) of title 44, United States 
Code, the Chief Information Officer shall perform the 
functions set forth in this section and such other func-
tions as may be assigned by the Secretary.’’; 
(2) by redesignating subsection (b) as subsection 
(d); and 
(3) by inserting after subsection (a) the following 
new subsections: 
‘‘(b) RESPONSIBILITIES.—In addition to performing 
the functions under section 3506 of title 44, United States 
Code, the Chief Information Officer shall serve as the lead 
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technical authority for information technology programs of 
the Department and Department components and, in con-
sultation with the Under Secretary for Management, 
shall— 
‘‘(1) advise and assist the Secretary, heads of the 
components of the Department, and other senior offi-
cers in carrying out the responsibilities of the Depart-
ment for all activities relating to the budgets, pro-
grams, security, and operations of the information 
technology functions of the Department; 
‘‘(2) to the extent delegated by the Secretary, ex-
ercise leadership and authority over Department in-
formation technology management and establish the 
information technology priorities, policies, processes, 
standards, guidelines, and procedures of the Depart-
ment to ensure interoperability and standardization 
of information technology; 
‘‘(3) maintain a consolidated inventory of the 
mission critical and mission essential information 
systems of the Department, and develop and maintain 
contingency plans for responding to a disruption in 
the operation of any of those information systems; 
‘‘(4) maintain the security, visibility, reliability, 
integrity, and availability of data and information 
technology of the Department; 
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‘‘(5) establish and implement policies and proce-
dures 
to 
effectively 
monitor 
and 
manage 
vulnerabilities in the supply chain for purchases of 
information technology, in consultation with the Chief 
Procurement Officer of the Department; 
‘‘(6) review contracts and interagency agree-
ments associated with major information technology 
investments and information technology investments 
that have had cost, schedule, or performance chal-
lenges in the past; 
‘‘(7) assess the risk of all major information 
technology investments and publically report the risk 
rating to the Office of Management and Budget; and 
‘‘(8) carry out any other responsibilities dele-
gated by the Secretary consistent with an effective in-
formation system management function. 
‘‘(c) STRATEGIC PLANS.—In coordination with the 
Chief Financial Officer, the Chief Information Officer shall 
develop an information technology strategic plan every five 
years and report to the Committee on Homeland Security 
and the Committee on Appropriations of the House of Rep-
resentatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Appropria-
tions of the Senate on the extent to which— 
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‘‘(1) the budget of the Department aligns with 
priorities specified in the information technology 
strategic plan; 
‘‘(2) the information technology strategic plan 
informs the budget process of the Department; 
‘‘(3) information technology priorities were or 
were not funded and the reasons for not funding all 
priorities in a given fiscal year; 
‘‘(4) the Department has identified and ad-
dressed skills gaps needed to implement the informa-
tion technology strategic plan; and 
‘‘(5) unnecessary duplicate information tech-
nology within and across the components of the De-
partment has been eliminated.’’. 
(b) SOFTWARE LICENSING.— 
(1) SOFTWARE INVENTORY.—Not later than 180 
days after the date of the enactment of this Act and 
every two years thereafter until 2022, the Chief Infor-
mation Officer of the Department of Homeland Secu-
rity, 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; 
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(B) assess the needs of the Department and 
the components of the Department for software 
licenses for the subsequent two fiscal years; 
(C) examine how the Department can 
achieve the greatest possible economies of scale 
and cost savings in the procurement of software 
licenses; 
(D) determine how the use of shared cloud- 
computing services will impact the needs for soft-
ware licenses for the subsequent two fiscal years; 
(E) establish plans and estimated costs for 
eliminating unutilized software licenses for the 
subsequent two fiscal years; and 
(F) submit a copy of each inventory con-
ducted under subparagraph (A) to the Committee 
on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Se-
curity and Governmental Affairs of the Senate. 
(2) PLAN TO REDUCE SOFTWARE LICENSES.—If 
the Chief Information Officer determines through the 
inventory conducted under paragraph (1) that the 
number of software licenses held by the Department 
and the components of the Department exceed the 
needs of the Department, not later than 90 days after 
the date on which the inventory is completed, the Sec-
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retary of Homeland Security shall establish a plan 
for reducing the number of such software licenses to 
meet needs of the Department. 
(3) PROHIBITION
ON
PROCUREMENT
OF
NEW 
SOFTWARE LICENSES.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), upon completion of a plan 
under paragraph (2), no 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 
number of used and unused licenses held by the 
Department. 
(B) EXCEPTION.—The Chief Information 
Officer may authorize the purchase of additional 
licenses and amend the number of needed licenses 
as necessary. 
(c) COMPTROLLER GENERAL REVIEW.—Not later than 
fiscal year 2019, the Comptroller General of the United 
States shall review the extent to which the Chief Informa-
tion Officer fulfilled all requirements established in this sec-
tion and the amendment made by this section. 
(d) COMPLETION OF FIRST DEFINITION OF CAPABILI-
TIES.—Not later than one year after the date of the enact-
ment of this Act, the Chief Information Officer shall com-
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plete the first information technology strategic plan re-
quired under subsection (c) of section 701 of the Homeland 
Security Act of 2002, as added by subsection (a) of this 
section. 
SEC. 107. QUADRENNIAL HOMELAND SECURITY REVIEW. 
(a) IN GENERAL.—Section 707 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 347) is amended— 
(1) in subsection (a)(3)— 
(A) in subparagraph (B), by striking ‘‘and’’ 
at the end; 
(B) by redesignating subparagraph (C) as 
subparagraph (D); and 
(C) by inserting after subparagraph (B) the 
following new subparagraph (C): 
‘‘(C) representatives from appropriate advi-
sory committees established pursuant to section 
871, including the Homeland Security Advisory 
Council and the Homeland Security Science and 
Technology Advisory Committee, or otherwise es-
tablished, including the Aviation Security Advi-
sory Committee established pursuant to section 
44946 of title 49, United States Code; and’’; 
(2) in subsection (b)— 
(A) in paragraph (2), by inserting before 
the semicolon at the end the following: ‘‘based on 
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the risk assessment required pursuant to sub-
section (c)(2)(B)’’; 
(B) in paragraph (3)— 
(i) by inserting ‘‘, to the extent prac-
ticable,’’ after ‘‘describe’’; and 
(ii) by striking ‘‘budget plan’’ and in-
serting ‘‘resources required’’; 
(C) in paragraph (4)— 
(i) by inserting ‘‘, to the extent prac-
ticable,’’ after ‘‘identify’’; 
(ii) by striking ‘‘budget plan required 
to provide sufficient resources to success-
fully’’ and inserting ‘‘resources required to’’; 
and 
(iii) by striking the semicolon at the 
end and inserting ‘‘, including any re-
sources identified from redundant, wasteful, 
or unnecessary capabilities and capacities 
that can be redirected to better support 
other existing capabilities and capacities, as 
the case may be; and’’; 
(D) in paragraph (5), by striking ‘‘; and’’ 
and inserting a period; and 
(E) by striking paragraph (6); 
(3) in subsection (c)— 
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(A) in paragraph (1), by striking ‘‘Decem-
ber 31 of the year’’ and inserting ‘‘60 days after 
the date of the submittal of the President’s budget 
for the fiscal year after the fiscal year’’; 
(B) in paragraph (2)— 
(i) in subparagraph (B), by striking 
‘‘description of the threats to’’ and inserting 
‘‘risk assessment of’’; 
(ii) in subparagraph (C), by inserting 
‘‘, as required under subsection (b)(2)’’ be-
fore the semicolon at the end; 
(iii) in subparagraph (D)— 
(I) by inserting ‘‘to the extent 
practicable,’’ before ‘‘a description’’; 
and 
(II) by striking ‘‘budget plan’’ 
and inserting ‘‘resources required’’; 
(iv) in subparagraph (F)— 
(I) by inserting ‘‘to the extent 
practicable,’’ before ‘‘a discussion’’; and 
(II) by striking ‘‘the status of’’; 
(v) in subparagraph (G)— 
(I) by inserting ‘‘to the extent 
practicable,’’ before ‘‘a discussion’’; 
(II) by striking ‘‘the status of’’; 
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(III) by inserting ‘‘and risks’’ be-
fore ‘‘to national homeland’’; and 
(IV) by inserting ‘‘and’’ after the 
semicolon at the end; 
(vi) by striking subparagraph (H); 
and 
(vii) by redesignating subparagraph 
(I) as subparagraph (H); 
(C) by redesignating paragraph (3) as 
paragraph (4); and 
(D) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) DOCUMENTATION.—The Secretary shall re-
tain and, upon request, provide to Congress the fol-
lowing documentation regarding the quadrennial 
homeland security review: 
‘‘(A) Records regarding the consultation 
carried out the pursuant to subsection (a)(3), in-
cluding— 
‘‘(i) all written communications, in-
cluding communications sent out by the 
Secretary and feedback submitted to the 
Secretary through technology, online com-
munications tools, in-person discussions, 
and the interagency process; and 
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‘‘(ii) information on how feedback re-
ceived by the Secretary informed the quad-
rennial homeland security review. 
‘‘(B) Information regarding the risk assess-
ment, as required under subsection (c)(2)(B), in-
cluding— 
‘‘(i) the risk model utilized to generate 
the risk assessment; 
‘‘(ii) information, including data used 
in the risk model, utilized to generate the 
risk assessment; 
‘‘(iii) sources of information, including 
other risk assessments, utilized to generate 
the risk assessment; and 
‘‘(iv) information on assumptions, 
weighing factors, and subjective judgments 
utilized to generate the risk assessment, to-
gether with information on the rationale or 
basis thereof.’’; and 
(4) by redesignating subsection (d) as subsection 
(e); and 
(5) by inserting after subsection (c) the following 
new subsection (d): 
‘‘(d) REVIEW.—Not later than 90 days after the sub-
mission of each report required under subsection (c)(1), the 
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Secretary shall provide to the Committee on Homeland Se-
curity of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate information on the degree to which the findings and 
recommendations developed in the quadrennial homeland 
security review covered by the report were integrated into 
the acquisition strategy and expenditure plans for the De-
partment.’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to a quadrennial homeland 
security review conducted after December 31, 2017. 
SEC. 108. OFFICE OF STRATEGY, POLICY, AND PLANS. 
(a) IN GENERAL.—Section 709 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 349) is amended— 
(1) in subsection (a), by adding at the end the 
following: ‘‘The Office of Strategy, Policy, and Plans 
shall include the following components: 
‘‘(1) The Office of Partnership and Engagement. 
‘‘(2) The Office of International Affairs. 
‘‘(3) The Office of Cyber, Infrastructure, and Re-
silience Policy. 
‘‘(4) The Office of Strategy, Planning, Analysis, 
and Risk. 
‘‘(5) The Office of Threat Prevention and Secu-
rity Policy. 
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‘‘(6) The Office of Border, Immigration, and 
Trade Policy.’’; 
(2) by redesignating subsections (e) through (g) 
as subsections (f) through (h), respectively; and 
(3) by inserting after subsection (d) the following 
new subsection (e): 
‘‘(e) ASSISTANT SECRETARIES AND DIRECTORS.— 
‘‘(1) ASSISTANT SECRETARY FOR PARTNERSHIP 
AND ENGAGEMENT.—The Office of Partnership and 
Engagement shall be led by an Assistant Secretary for 
Partnership and Engagement appointed by the Sec-
retary. The Assistant Secretary shall— 
‘‘(A) lead the efforts of the Department to 
incorporate external feedback from stakeholders 
into policy and strategic planning efforts, as ap-
propriate, in consultation with the Office for 
Civil Rights and Civil Liberties; 
‘‘(B) conduct the activities specified in sec-
tion 2006(b); 
‘‘(C) advise the Secretary on the effects of 
the policies, regulations, processes, and actions of 
the Department on the private sector and create 
and foster strategic communications with the 
private sector to enhance the primary mission of 
the Department to protect the homeland; 
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‘‘(D) coordinate the activities of the Depart-
ment relating to State and local government; 
‘‘(E) provide State and local governments 
with regular information, research, and technical 
support to assist local efforts at securing the 
homeland; and 
‘‘(F) perform such other functions as are es-
tablished by law or delegated by the Under Sec-
retary for Policy. 
‘‘(2) ASSISTANT SECRETARY FOR INTERNATIONAL 
AFFAIRS.—The Office of International Affairs shall be 
led by an Assistant Secretary for International Af-
fairs appointed by the Secretary. The Assistant Sec-
retary 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 homeland 
security matters; 
‘‘(B) advise, inform, and assist the Sec-
retary with respect to the development and im-
plementation of the policy priorities of the De-
partment, including strategic priorities for the 
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deployment of assets, including personnel, out-
side 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 pre-deploy-
ment training; 
‘‘(D) maintain awareness regarding the 
international travel of senior officers of the De-
partment and their intent to pursue negotiations 
with foreign government officials, and review re-
sulting draft agreements; and 
‘‘(E) perform such other functions as are es-
tablished by law or delegated by the Under Sec-
retary for Policy.’’. 
(b) ABOLISHMENT OF OFFICE OF INTERNATIONAL AF-
FAIRS.— 
(1) IN GENERAL.—The Office of International 
Affairs within the Office of the Secretary of Home-
land Security is abolished. 
(2) TRANSFER OF ASSETS AND PERSONNEL.— 
The functions authorized to be performed by such of-
fice as of the day before the date of the enactment of 
this Act, and the assets and personnel associated with 
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such functions, are transferred to the head of the Of-
fice of International Affairs provided for by section 
709 of the Homeland Security Act of 2002, as amend-
ed by this section. 
(3) CONFORMING AMENDMENT.—The Homeland 
Security Act of 2002 is amended by striking section 
879 (6 U.S.C. 459). 
(4) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act is amended by strik-
ing the item relating to section 879. 
(c) TRANSFER
OF FUNCTIONS, ASSETS, AND PER-
SONNEL OF OFFICE FOR STATE AND LOCAL LAW ENFORCE-
MENT.—The functions authorized to be performed by the Of-
fice for State and Local Law Enforcement of the Depart-
ment of Homeland Security as of the day before the date 
of the enactment of this Act, and the assets and personnel 
associated with such functions, are transferred to the head 
of the Office of Partnership and Engagement provided for 
by section 709 of the Homeland Security Act of 2002, as 
amended by this section. 
(d) 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. 
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(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 709 of the 
Homeland Security Act of 2002, as amended by this 
section. 
(3) CONFORMING AMENDMENT.—The Homeland 
Security Act of 2002 is amended by striking section 
801 (6 U.S.C. 631). 
(4) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act is amended by strik-
ing the item relating to section 801. 
(e) ABOLISHMENT OF SPECIAL ASSISTANT TO SEC-
RETARY OF HOMELAND SECURITY.— 
(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 ef-
fect 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 before the en-
actment of this Act, and the assets and personnel as-
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sociated with such functions, are transferred to the 
head of the Office of Partnership and Engagement 
provided for by section 709 of the Homeland Security 
Act of 2002, as amended by this section. 
(3) CONFORMING AMENDMENT.—Section 102 of 
the Homeland Security Act of 2002 (6 U.S.C. 112) is 
amended by striking subsection (f). 
(f) CONFORMING AMENDMENTS RELATING TO ASSIST-
ANT SECRETARIES.—Subsection (a) of section 103 of the 
Homeland Security Act of 2002 (6 U.S.C. 113) is amend-
ed— 
(1) in the subsection heading, by inserting ‘‘; AS-
SISTANT
SECRETARIES’’ 
after 
‘‘UNDER
SECRE-
TARIES’’; 
(2) in paragraph (1), by striking subparagraph 
(I) and redesignating subparagraphs (J) and (K) as 
subparagraphs (I) and (J), respectively; and 
(3) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) ASSISTANT SECRETARIES AND OTHER OFFI-
CIALS.— 
‘‘(A) 
ADVICE
AND
CONSENT
APPOINT-
MENTS.—The Department shall have the fol-
lowing officials appointed by the President, by 
and with the advice and consent of the Senate: 
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‘‘(i) The Assistant Secretary, U.S. Im-
migration and Customs Enforcement. 
‘‘(ii) The Administrator, Transpor-
tation Security Administration. 
‘‘(B) 
OTHER
PRESIDENTIAL
APPOINT-
MENTS.—The Department shall have the fol-
lowing Assistant Secretaries appointed by the 
President: 
‘‘(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 Inter-
national Affairs. 
‘‘(iii) The Assistant Secretary for Part-
nership and Engagement. 
‘‘(iv) The Assistant Secretary for 
Threat Prevention and Security Policy. 
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‘‘(v) The Assistant Secretary for Bor-
der, Immigration, and Trade Policy. 
‘‘(vi) The Assistant Secretary for 
Cyber, Infrastructure, and Resilience Pol-
icy. 
‘‘(vii) The Assistant Secretary for 
Strategy, Planning, Analysis, and Risk. 
‘‘(viii) The Assistant Secretary for 
State and Local Law Enforcement.’’; and 
(4) by adding at the end the following new para-
graphs: 
‘‘(3) ASSISTANT
SECRETARY, LEGISLATIVE
AF-
FAIRS.—The Assistant Secretary, Legislative Affairs 
shall oversee one internal reporting structure for en-
gaging with authorizing and appropriating congres-
sional committees. 
‘‘(4) LIMITATION ON CREATION OF POSITIONS.— 
No Assistant Secretary position may be created in ad-
dition to the positions provided for by this section un-
less such position is authorized by a statute enacted 
after the date of the enactment of the Department of 
Homeland Security Authorization Act of 2017.’’. 
(g) HOMELAND SECURITY ADVISORY COUNCIL.—Sub-
section (b) of section 102 of the Homeland Security Act of 
2002 (6 U.S.C. 112) is amended— 
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(1) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(4) shall establish a Homeland Security Advi-
sory Council to provide advice and recommendations 
on homeland security-related matters, including ad-
vice with respect to the preparation of the Quadren-
nial Homeland Security Review.’’. 
(h) PROHIBITION ON NEW OFFICES.—No new office 
may be created to perform functions transferred by this sec-
tion, other than as provided in section 709 of the Homeland 
Security Act of 2002, as amended by this Act. 
(i) DEFINITIONS.—In this section each of the terms 
‘‘functions’’, ‘‘assets’’, and ‘‘personnel’’ has the meaning 
given each such term under section 2 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 101). 
(j) DUPLICATION REVIEW.— 
(1) REVIEW REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall complete a review 
of the functions and responsibilities of each Depart-
ment of Homeland Security component responsible for 
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international affairs to identify and eliminate areas 
of unnecessary duplication. 
(2) SUBMITTAL TO CONGRESS.—Not later than 
30 days after the completion of the review required 
under paragraph (1), the Secretary shall provide the 
results of the review to the Committee on Homeland 
Security of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate. 
(3) ACTION PLAN.—Not later than one year after 
the date of the enactment of this Act, the Secretary 
shall submit to the congressional homeland security 
committees an action plan, including corrective steps 
and an estimated date of completion, to address areas 
of duplication, fragmentation, and overlap and op-
portunities for cost savings and revenue enhancement, 
as identified by the Government Accountability Office 
based on the annual report of the Government Ac-
countability Office entitled ‘‘Additional Opportunities 
to Reduce Fragmentation, Overlap, and Duplication 
and Achieve Other Financial Benefits’’. 
SEC. 109. CHIEF PROCUREMENT OFFICER. 
(a) IN GENERAL.—Title VII of the Homeland Security 
Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding 
at the end the following new section: 
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‘‘SEC. 710. CHIEF PROCUREMENT OFFICER. 
‘‘(a) IN GENERAL.—There is in the Department a 
Chief Procurement Officer, who shall serve as a senior busi-
ness advisor to agency officials on procurement-related mat-
ters and report directly to the Under Secretary for Manage-
ment. The Chief Procurement Officer is the senior procure-
ment executive for purposes of subsection (c) of section 1702 
of title 41, United States Code, and shall perform procure-
ment functions as specified in such subsection. 
‘‘(b) RESPONSIBILITIES.—The Chief Procurement Offi-
cer shall— 
‘‘(1) delegate or retain contracting authority, as 
appropriate; 
‘‘(2) issue procurement policies and oversee the 
heads of contracting activity of the Department to en-
sure compliance with those policies; 
‘‘(3) serve as the main liaison of the Department 
to industry on procurement-related issues; 
‘‘(4) account for the integrity, performance, and 
oversight of Department procurement and contracting 
functions; 
‘‘(5) ensure that procurement contracting strate-
gies and plans are consistent with the intent and di-
rection of the Acquisition Review Board; 
‘‘(6) oversee a centralized acquisition workforce 
certification and training program using, as appro-
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priate, existing best practices and acquisition train-
ing opportunities from the Federal Government, pri-
vate sector, or universities and colleges to include 
training on how best to identify actions that warrant 
referrals for suspension or debarment; 
‘‘(7) provide input on the periodic performance 
reviews of each head of contracting activity of the De-
partment; 
‘‘(8) collect baseline data and use such data to 
establish performance measures on the impact of stra-
tegic sourcing initiatives on the private sector, includ-
ing small businesses; 
‘‘(9) establish and implement policies and proce-
dures 
to 
effectively 
monitor 
and 
manage 
vulnerabilities in the supply chain for all Department 
purchases; 
‘‘(10) ensure that a fair proportion of the value 
of Federal contracts and subcontracts are awarded to 
small businesses (in accordance with the procurement 
contract goals under section 15(g) of the Small Busi-
ness Act (15 U.S.C. 644(g)), maximize opportunities 
for small business participation in such contracts, 
and ensure, to the extent practicable, small businesses 
that achieve qualified vendor status for security-re-
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lated technologies are provided an opportunity to 
compete for contracts for such technology; 
‘‘(11) conduct oversight of implementation of ad-
ministrative agreements to resolve suspension or de-
barment proceedings and, upon request, provide infor-
mation 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 agreements at 
improving contractor responsibility; and 
‘‘(12) carry out any other procurement duties 
that the Under Secretary for Management may des-
ignate. 
‘‘(c) HEAD OF CONTRACTING ACTIVITY DEFINED.—In 
this section the term ‘head of contracting activity’ means 
an official responsible for the creation, management, and 
oversight of a team of procurement professionals properly 
trained, certified, and warranted to accomplish the acquisi-
tion of products and services on behalf of the designated 
components, offices, and organizations of the Department, 
and as authorized, other government entities.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is amended by inserting after the 
item relating to section 709 the following new item: 
‘‘Sec. 710. Chief Procurement Officer.’’. 
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SEC. 110. CHIEF SECURITY OFFICER. 
(a) IN GENERAL.—Title VII of the Homeland Security 
Act of 2002 (6 U.S.C. 341 et seq.) is further amended by 
inserting after the item relating to section 710, as added 
by this Act, the following new section: 
‘‘SEC. 711. CHIEF SECURITY OFFICER. 
‘‘(a) IN GENERAL.—There is in the Department a 
Chief Security Officer, who shall report directly to the 
Under Secretary for Management. 
‘‘(b) RESPONSIBILITIES.—The Chief Security Officer 
shall— 
‘‘(1) develop and implement the security policies, 
programs, and standards of the Department; 
‘‘(2) identify training and provide education to 
Department personnel on security-related matters; 
and 
‘‘(3) provide support to Department components 
on security-related matters.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is further amended by inserting 
after the item relating to section 710, as added by this Act, 
the following new item: 
‘‘Sec. 711. Chief Security Officer.’’. 
SEC. 111. OFFICE OF INSPECTOR GENERAL. 
(a) SENSE OF CONGRESS.— 
(1) FINDINGS.—Congress finds the following: 
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(A) The Inspector General Act of 1978 man-
dates that Inspectors General are to conduct au-
dits and investigations relating to the programs 
and operations of Federal departments to pro-
mote economy, efficiency, and effectiveness in the 
administration of programs and operations, and 
to prevent and detect fraud and abuse in such 
programs and operations. 
(B) The Inspector General Act of 1978 
mandates that Inspectors General are to provide 
a means for keeping Federal departments and 
the Congress fully and currently informed about 
problems and deficiencies relating to the admin-
istration of such programs and operations and 
the necessity for and progress of corrective ac-
tion. 
(C) The Office of the Inspector General of 
the Department of Homeland Security detects, 
investigates, and prevents instances of waste, 
fraud, abuse, and mismanagement within the 
Department, and offers solutions for response. 
(D) The Office of the Inspector General of 
the Department of Homeland Security consist-
ently produces high-value, high-impact work that 
enhances the security and safety of the homeland. 
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(E) The Inspector General of the Depart-
ment of Homeland Security provides the leader-
ship and accountability within the Office of the 
Inspector General to oversee a cabinet-level agen-
cy. 
(F) The Inspector General of the Depart-
ment of Homeland Security stands as a leader 
within the Inspector General community through 
consistent exemplary service. 
(G) The Office of Inspector General of the 
Department of Homeland Security offers the 
Federal Government and American taxpayers an 
impressive return on investment, measured in 
dollars spent versus dollars saved. 
(H) The Office of the Inspector General of 
the Department of Homeland Security enhances 
the Department’s ability to effectively and effi-
ciently administer laws. 
(2) SENSE
OF
CONGRESS.—It is the sense of 
Congress that the Inspector General of the Depart-
ment of Homeland Security plays a vital role in ful-
filling the Department’s daily missions. 
(b) NOTIFICATION.—The heads of offices and compo-
nents of the Department of Homeland Security shall 
promptly advise the Inspector General of the Department 
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of all allegations of misconduct with respect to which the 
Inspector General has investigative authority under the In-
spector General Act of 1978. The Inspector General may 
waive the notification requirement under this subsection 
with respect to any category or subset of allegations of mis-
conduct. 
(c) RULE OF CONSTRUCTION.—Nothing in this section 
may be construed as affecting the authority of the Secretary 
of Homeland Security under subsection (a) of section 8I 
of the Inspector General Act of 1978 (5 U.S.C. App. 8I). 
SEC. 112. OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES. 
(a) IN GENERAL.—Section 705 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 345) is amended— 
(1) in the section heading, by striking ‘‘ESTAB-
LISHMENT OF OFFICER FOR’’; 
(2) by redesignating subsection (b) as subsection 
(c); and 
(3) by inserting after subsection (a) the following 
new subsection: 
‘‘(b) OFFICE
FOR CIVIL RIGHTS
AND CIVIL LIB-
ERTIES.—There is in the Department an Office for Civil 
Rights and Civil Liberties. Under the direction of the Offi-
cer for Civil Rights and Civil Liberties, the Office shall sup-
port the Officer in the following: 
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‘‘(1) Integrating civil rights and civil liberties 
into activities of the Department by conducting pro-
grams and providing policy advice and other tech-
nical assistance. 
‘‘(2) Investigating allegations of violations of 
civil rights and civil liberties from the public. 
‘‘(3) Carrying out the Department’s equal em-
ployment opportunity and diversity policies and pro-
grams, including complaint management and adju-
dication. 
‘‘(4) Communicating with individuals and com-
munities whose civil rights and civil liberties may be 
affected by Department activities. 
‘‘(5) Any other activities as assigned by the Offi-
cer.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $22,571,000 for each of fiscal 
years 2018 and 2019 to carry out section 705 of the Home-
land Security Act of 2002, as amended by subsection (a) 
of this section. 
SEC. 113. DEPARTMENT OF HOMELAND SECURITY ROTA-
TION PROGRAM. 
(a) ENHANCEMENTS TO THE ROTATION PROGRAM.— 
Section 844 of the Homeland Security Act of 2002 (6) 
U.S.C. 414) is amended— 
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(1) by striking ‘‘(a) ESTABLISHMENT.—’’; 
(2) by redesignating paragraphs (1) through (5) 
as subsections (a) through (e), respectively, and ad-
justing the margins accordingly; 
(3) in subsection (a), as so redesignated— 
(A) by striking ‘‘Not later than 180 days 
after the date of enactment of this section, the’’ 
and inserting ‘‘The’’; and 
(B) by striking ‘‘for employees of the De-
partment’’ and inserting ‘‘for certain personnel 
within the Department’’; 
(4) in subsection (b), as so redesignated— 
(A) by redesignating subparagraphs (A) 
through (G) as paragraphs (3) through (9), re-
spectively, and adjusting the margins accord-
ingly; 
(B) by inserting before paragraph (3), as so 
redesignated, the following new paragraphs: 
‘‘(1) seek to foster greater departmental integra-
tion and unity of effort; 
‘‘(2) seek to help enhance the knowledge, skills, 
and abilities of participating personnel with respect 
to the programs, policies, and activities of the Depart-
ment;’’; 
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(C) in paragraph (4), as so redesignated, by 
striking ‘‘middle and senior level’’; and 
(D) in paragraph (7), as so redesignated, by 
inserting before ‘‘invigorate’’ the following: ‘‘seek 
to improve morale and retention throughout the 
Department and’’; 
(5) in subsection (c), as redesignated by para-
graph (2)— 
(A) by redesignating subparagraphs (A) 
and (B) as paragraphs (1) and (2), respectively, 
and adjusting the margins accordingly; and 
(B) in paragraph (2), as so redesignated— 
(i) by striking clause (iii); and 
(ii) by redesignating clauses (i), (ii), 
and (iv) through (viii) as subparagraphs 
(A) through (G), respectively, and adjusting 
the margins accordingly; 
(6) by redesignating subsections (d) and (e), as 
redesignated by paragraph (2), as subsections (e) and 
(f), respectively; 
(7) by inserting after subsection (c) the following 
new subsection: 
‘‘(d) ADMINISTRATIVE MATTERS.—In carrying out the 
Rotation Program the Secretary shall— 
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‘‘(1) before selecting employees for participation 
in the Rotation Program, disseminate information 
broadly within the Department about the availability 
of the Rotation Program, qualifications for participa-
tion in the Rotation Program, including full-time em-
ployment within the employing component or office 
not less than one year, and the general provisions of 
the Rotation Program; 
‘‘(2) require as a condition of participation in 
the Rotation Program that an employee— 
‘‘(A) is nominated by the head of the com-
ponent or office employing the employee; and 
‘‘(B) is selected by the Secretary, or the Sec-
retary’s designee, solely on the basis of relative 
ability, knowledge, and skills, after fair and open 
competition that assures that all candidates re-
ceive equal opportunity; 
‘‘(3) ensure that each employee participating in 
the Rotation Program shall be entitled to return, 
within a reasonable period of time after the end of the 
period of participation, to the position held by the 
employee, or a corresponding or higher position, in 
the component or office that employed the employee 
prior to the participation of the employee in the Ro-
tation Program; 
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‘‘(4) require that the rights that would be avail-
able to the employee if the employee were detailed 
from the employing component or office to another 
Federal agency or office remain available to the em-
ployee during the employee participation in the Rota-
tion Program; and 
‘‘(5) require that, during the period of participa-
tion by an employee in the Rotation Program, per-
formance evaluations for the employee— 
‘‘(A) shall be conducted by officials in the 
office or component employing the employee with 
input from the supervisors of the employee at the 
component or office in which the employee is 
placed during that period; and 
‘‘(B) shall be provided the same weight with 
respect to promotions and other rewards as per-
formance evaluations for service in the office or 
component employing the employee.’’; and 
(8) by adding at the end the following new sub-
section: 
‘‘(g) INTELLIGENCE ROTATIONAL ASSIGNMENT PRO-
GRAM.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish an Intelligence Rotational Assignment Pro-
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gram as part of the Rotation Program under sub-
section (a). 
‘‘(2) ADMINISTRATION.—The Chief Human Cap-
ital Officer, in conjunction with the Chief Intelligence 
Officer, shall administer the Intelligence Rotational 
Assignment Program established pursuant to para-
graph (1). 
‘‘(3) ELIGIBLITY.—The Intelligence Rotational 
Assignment Program established pursuant to para-
graph (1) shall be open to employees serving in exist-
ing analyst positions within the Department’s Intel-
ligence Enterprise and other Department employees 
as determined appropriate by the Chief Human Cap-
ital Officer and the Chief Intelligence Officer. 
‘‘(4) COORDINATION.—The responsibilities speci-
fied in subsection (c)(2) that apply to the Rotation 
Program under such subsection shall, as applicable, 
also apply to the Intelligence Rotational Assignment 
Program under this subsection.’’. 
(b) 
CONGRESSIONAL
NOTIFICATION
AND
OVER-
SIGHT.—Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
provide to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate informa-
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tion about the status of the Homeland Security Rotation 
Program authorized by section 844 of the Homeland Secu-
rity Act of 2002, as amended by subsection (a) of this sec-
tion. 
SEC. 114. FUTURE YEARS HOMELAND SECURITY PROGRAM. 
(a) IN GENERAL.—Section 874 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 454) is amended— 
(1) in the section heading, by striking ‘‘YEAR’’ 
and inserting ‘‘YEARS’’; 
(2) by striking subsection (a) and inserting the 
following: 
‘‘(a) IN GENERAL.—Not later than 60 days after the 
date on which the budget of the President is submitted to 
Congress under section 1105(a) of title 31, United States 
Code, the Secretary shall submit to the Committee on Home-
land Security and Governmental Affairs of the Senate and 
the Committee on Homeland Security of the House of Rep-
resentatives (referred to in this section as the ‘appropriate 
committees’) a Future Years Homeland Security Program 
that covers the fiscal year for which the budget is submitted 
and the 4 succeeding fiscal years.’’; and 
(3) by striking subsection (c) and inserting the 
following new subsections: 
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‘‘(c) PROJECTION OF ACQUISITION ESTIMATES.—On 
and after February 1, 2018, each Future Years Homeland 
Security Program shall project— 
‘‘(1) acquisition estimates for the fiscal year for 
which the budget is submitted and the four succeeding 
fiscal years, with specified estimates for each fiscal 
year, for all major acquisitions by the Department 
and each component of the Department; and 
‘‘(2) estimated annual deployment schedules for 
all physical asset major acquisitions over the five-fis-
cal-year period described in paragraph (1) and the 
full operating capability for all information tech-
nology major acquisitions. 
‘‘(d) SENSITIVE AND CLASSIFIED INFORMATION.—The 
Secretary may include with each Future Years Homeland 
Security Program a classified or other appropriately con-
trolled document containing any information required to 
be submitted under this section that is restricted from pub-
lic disclosure in accordance with Federal law or any Execu-
tive Order. 
‘‘(e) AVAILABILITY OF INFORMATION TO THE PUB-
LIC.—The Secretary shall make available to the public in 
electronic form the information required to be submitted to 
the appropriate committees under this section, other than 
information described in subsection (d).’’. 
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(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is further amended by striking the 
item relating to section 874 and inserting the following new 
item: 
‘‘874. Future Years Homeland Security Program.’’. 
SEC. 115. FIELD EFFICIENCIES PLAN. 
(1) IN GENERAL.—Not later than 270 days after 
the date of the enactment of this Act, the Secretary of 
Homeland Security shall submit to the Committee on 
Homeland Security and the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives and Committee on Homeland Security and Gov-
ernmental Affairs of the Senate a field efficiencies 
plan that— 
(A) examines the facilities and administra-
tive and logistics functions of components of the 
Department of Homeland Security located with-
in designated geographic areas; and 
(B) provides specific recommendations and 
an associated cost-benefit analysis for the con-
solidation of the facilities and administrative 
and logistics functions of components of the De-
partment within each designated geographic 
area. 
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(2) CONTENTS.—The field efficiencies plan sub-
mitted under paragraph (1) shall include the fol-
lowing: 
(A) An accounting of leases held by the De-
partment or its components that have expired in 
the current fiscal year or will be expiring in the 
next fiscal year, that have begun or been renewed 
in the current fiscal year, or that the Depart-
ment or its components plan to sign or renew in 
the next fiscal year. 
(B) For each designated geographic area— 
(i) An evaluation of specific facilities 
at which components, or operational entities 
of components, of the Department may be 
closed or consolidated, including consider-
ation of when leases expire or facilities 
owned by the government become available. 
(ii) An evaluation of potential consoli-
dation with facilities of other Federal, 
State, or local entities, including— 
(I) offices; 
(II) warehouses; 
(III) training centers; 
(IV) housing; 
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(V) ports, shore facilities, and air-
fields; 
(VI) laboratories; and 
(VII) other assets as determined 
by the Secretary. 
(iii) An evaluation of the potential for 
the consolidation of administrative and lo-
gistics functions, including— 
(I) facility maintenance; 
(II) fleet vehicle services; 
(III) mail handling and shipping 
and receiving; 
(IV) facility security; 
(V) procurement of goods and 
services; 
(VI) information technology and 
telecommunications services and sup-
port; and 
(VII) additional ways to improve 
unity of effort and cost savings for 
field operations and related support 
activities as determined by the Sec-
retary. 
(C) An implementation plan, including— 
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(i) near-term actions that can co-lo-
cate, consolidate, or dispose of property 
within 24 months; 
(ii) identifying long-term occupancy 
agreements or leases that cannot be changed 
without a significant cost to the Govern-
ment; and 
(iii) how the Department can ensure it 
has the capacity, in both personnel and 
funds, needed to cover up-front costs to 
achieve consolidation and efficiencies. 
(D) An accounting of any consolidation of 
the real estate footprint of the Department or 
any component of the Department, including the 
co-location of personnel from different compo-
nents, offices, and agencies within the Depart-
ment. 
SEC. 116. SUBMISSION TO CONGRESS OF INFORMATION RE-
GARDING REPROGRAMMING OR TRANSFER 
OF DEPARTMENT OF HOMELAND SECURITY 
RESOURCES TO RESPOND TO OPERATIONAL 
SURGES. 
(a) IN GENERAL.—Title VII of the Homeland Security 
Act of 2002 is further amended by adding at the end the 
following new section: 
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‘‘SEC. 712. ANNUAL SUBMITTAL TO CONGRESS OF INFORMA-
TION ON REPROGRAMMING OR TRANSFERS 
OF FUNDS TO RESPOND TO OPERATIONAL 
SURGES. 
‘‘For each fiscal year until fiscal year 2023, the Sec-
retary of Homeland Security 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, together with the annual budget re-
quest for the Department, information on— 
‘‘(1) any circumstance during the year covered 
by the report in which the Secretary exercised the au-
thority to reprogram or transfer funds to address un-
foreseen costs, including costs associated with oper-
ational surges; and 
‘‘(2) any circumstance in which any limitation 
on the transfer or reprogramming of funds affected 
the ability of the Secretary to address such unforeseen 
costs.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is further amended by inserting 
after the item relating to section 711, as added by this Act, 
the following new item: 
‘‘712. Annual submittal to Congress of information on reprogramming or transfers 
of funds to respond to operational surges.’’. 
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SEC. 117. REPORT TO CONGRESS ON COST SAVINGS AND 
EFFICIENCY. 
(a) IN GENERAL.—Not later than two years after the 
date of the enactment of this Act, the Secretary of Homeland 
Security, acting through the Under Secretary of Homeland 
Security for Management, shall submit to the congressional 
homeland security committees a report that includes each 
of the following: 
(1) A detailed accounting of the management 
and administrative expenditures and activities of 
each component of the Department of Homeland Se-
curity 
and 
identifies 
potential 
cost 
savings, 
avoidances, and efficiencies for those expenditures and 
activities. 
(2) An examination of major physical assets of 
the Department, as defined by the Secretary; 
(3) A review of the size, experience level, and geo-
graphic distribution of the operational personnel of 
the Department. 
(4) Recommendations for adjustments in the 
management and administration of the Department 
that would reduce deficiencies in the capabilities of 
the Department, reduce costs, and enhance effi-
ciencies. 
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(b) FORM OF REPORT.—The report required under 
subsection (a) shall be submitted in unclassified form but 
may include a classified annex. 
SEC. 118. RESEARCH AND DEVELOPMENT AND CBRNE OR-
GANIZATIONAL REVIEW. 
(a) DEPARTMENT
OF
HOMELAND
SECURITY
RE-
SEARCH AND DEVELOPMENT ACTIVITIES.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall assess the organization and manage-
ment of the Department of Homeland Security’s re-
search and development activities, and shall develop 
and submit to the Committee on Homeland Security 
and the Committee on Science, Space, and Technology 
of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate, not later than six months after the date of the 
enactment of this Act, a proposed organizational 
structure for the management of such research and de-
velopment activities. 
(2) ORGANIZATIONAL JUSTIFICATION.—The pro-
posed organizational structure for the management of 
the Department of Homeland Security’s research and 
development activities included in the assessment re-
quired under paragraph (1) shall include the fol-
lowing: 
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(A) A discussion of the methodology for de-
termining such proposed organizational struc-
ture. 
(B) A comprehensive inventory of research 
and development activities of the Department, 
and the proposed location of each activity under 
such proposed organizational structure. 
(C) Information relating to how such pro-
posed organizational structure will facilitate and 
promote enhanced coordination and better col-
laboration between the Under Secretary for 
Science and Technology of the Department and 
the offices and components of the Department, 
including a specific description of operational 
challenges resulting from the current organiza-
tional structure and a detailed explanation of 
how the proposed organizational structure will 
address such challenges. 
(D) Information relating to how such pro-
posed organizational structure will support the 
development of research and development prior-
ities and capabilities across the Department. 
(E) A discussion of any resulting cost sav-
ings and efficiencies from such proposed organi-
zational structure. 
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(F) Recommendations for any necessary 
statutory changes, an explanation of why no 
statutory or organizational changes are nec-
essary, or a request for additional time to com-
plete the organizational justification. 
(b) DEPARTMENT OF HOMELAND SECURITY CHEM-
ICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND EXPLO-
SIVES ACTIVITIES.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall assess the organization and manage-
ment of the Department of Homeland Security’s 
chemical, biological, radiological, nuclear, and explo-
sives activities, and shall develop and submit to the 
Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Se-
curity and Governmental Affairs of the Senate, not 
later than six months after the date of the enactment 
of this Act, a proposed organizational structure to en-
sure enhanced coordination and provide strengthened 
chemical, biological, radiological, nuclear, and explo-
sives capabilities in support of homeland security. 
(2) ORGANIZATIONAL JUSTIFICATION.—The pro-
posed organizational structure for the management of 
the Department of Homeland Security’s chemical, bi-
ological, radiological, nuclear, and explosives activi-
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ties included in the assessment required under para-
graph (1) shall include the following: 
(A) A discussion of the methodology for de-
termining such proposed organizational struc-
ture. 
(B) A comprehensive inventory of chemical, 
biological, radiological, nuclear, and explosives 
activities of the Department, and the proposed 
location of each activity under such proposed or-
ganizational structure. 
(C) Information relating to how such pro-
posed organizational structure will enhance the 
development of chemical, biological, radiological, 
nuclear, and explosives priorities and capabili-
ties across the Department, including a specific 
description of operational challenges resulting 
from the current organizational structure and a 
detailed explanation of how the proposed organi-
zational structure will address such challenges. 
(D) A discussion of any resulting cost sav-
ings and efficiencies from such proposed organi-
zational structure. 
(E) Recommendations for any necessary 
statutory changes, an explanation of why no 
statutory or organizational changes are nec-
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essary, or a request for additional time to com-
plete the organizational justification. 
(c) REVIEW REQUIRED.—Not later than three months 
after the submission of the proposed organizational jus-
tifications required under subsections (a)(1) and (b)(1), the 
Comptroller General of the United States shall submit to 
the Committee on Homeland Security and the Committee 
on Science, Space, and Technology of the House of Rep-
resentatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a review of the organi-
zational justifications. The review shall consider how the 
proposed organizational realignment, or lack thereof, of re-
search and development activities and chemical, biological, 
radiological, nuclear, and explosives activities will improve 
or impede the Department’s ongoing efforts is such mission 
areas, including an assessment of— 
(1) any potential cost savings or additional costs 
incurred as a result of any proposed organizational 
realignment; 
(2) an assessment of the comparison of benefits 
and costs of the proposed organizational structure; 
(3) the extent to which the organizational jus-
tification submitted pursuant to subsections (a)(1) 
and (b)(1) fully assesses, documents, and addresses 
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any potential problems that could result from any 
proposed organizational realignment; 
(4) the extent to which the organizational jus-
tification identifies specific deficiencies in operations 
resulting from the existing organizational structure of 
the Department and an explanation of how any pro-
posed realignment will address such deficiencies; 
(5) the extent to which the Department solicited 
and incorporated the feedback of its workforce in the 
proposed organizational structure; and 
(6) the extent to which the Department conducted 
and incorporated stakeholder outreach in developing 
the proposed organizational structure. 
SEC. 119. ACTIVITIES RELATED TO CHILDREN. 
Paragraph (6) of subsection (c) of section 708 of the 
Homeland Security Act of 2002 (6 U.S.C. 349(c)), as redes-
ignated by section 410 of this Act, is amended by inserting 
‘‘, including feedback from organizations representing the 
needs of children,’’ after ‘‘stakeholder feedback’’. 
Subtitle B—Human Resources and 
Other Matters 
SEC. 121. CHIEF HUMAN CAPITAL OFFICER RESPONSIBIL-
ITIES. 
Section 704 of the Homeland Security Act of 2002 (6 
U.S.C. 344) is amended— 
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(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘, including with re-
spect to leader development and employee 
engagement,’’ after ‘‘policies’’; 
(ii) by striking ‘‘and in line’’ and in-
serting ‘‘, in line’’; and 
(iii) by inserting ‘‘and informed by 
best practices within the Federal govern-
ment and the private sector,’’ after ‘‘prior-
ities,’’; 
(B) in paragraph (2), by striking ‘‘develop 
performance measures to provide a basis for 
monitoring and evaluating’’ and inserting 
‘‘evaluate, on an ongoing basis,’’; 
(C) in paragraph (3), by inserting ‘‘that, to 
the extent practicable, are informed by employee 
feedback,’’ after ‘‘policies’’; 
(D) in paragraph (4), by inserting ‘‘includ-
ing leader development and employee engagement 
programs,’’ before ‘‘in coordination’’; 
(E) in paragraph (5), by inserting before 
the semicolon at the end the following: ‘‘that is 
informed by an assessment, carried out by the 
Chief Human Capital Officer, of the learning 
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and developmental needs of employees in super-
visory and non-supervisory roles across the De-
partment and appropriate workforce planning 
initiatives’’; 
(F) by redesignating paragraphs (9) and 
(10) as paragraphs (11) and (12), respectively; 
and 
(G) by inserting after paragraph (8) the fol-
lowing new paragraphs: 
‘‘(9) maintain a catalogue of available employee 
development opportunities, including the Homeland 
Security Rotation Program pursuant to section 844, 
departmental leadership development programs, inter-
agency development programs, and other rotational 
programs; 
‘‘(10) ensure that employee discipline and ad-
verse action programs comply with the requirements 
of all pertinent laws, rules, regulations, and Federal 
guidance, and ensure due process for employees;’’; 
(2) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; 
(3) by inserting after subsection (c) the following 
new subsection: 
‘‘(d) CHIEF LEARNING AND ENGAGEMENT OFFICER.— 
The Chief Human Capital Officer may designate an em-
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ployee of the Department to serve as a Chief Learning and 
Engagement Officer to assist the Chief Human Capital Of-
ficer in carrying out this section.’’; and 
(4) in subsection (e), as so redesignated— 
(A) by redesignating paragraphs (2), (3), 
and (4) as paragraphs (5), (6), and (7), respec-
tively; and 
(B) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) information on employee development op-
portunities catalogued pursuant to paragraph (9) of 
subsection (b) and any available data on participa-
tion rates, attrition rates, and impacts on retention 
and employee satisfaction; 
‘‘(3) information on the progress of Department- 
wide strategic workforce planning efforts as deter-
mined under paragraph (2) of subsection (b); 
‘‘(4) information on the activities of the steering 
committee established pursuant to section 710(a), in-
cluding the number of meeting, types of materials de-
veloped and distributed, and recommendations made 
to the Secretary;’’. 
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SEC. 122. EMPLOYEE ENGAGEMENT STEERING COMMITTEE 
AND ACTION PLAN. 
(a) IN GENERAL.—Title VII of the Homeland Security 
Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding 
at the end the following new section: 
‘‘SEC. 714. EMPLOYEE ENGAGEMENT. 
‘‘(a) STEERING COMMITTEE.—Not later than 120 days 
after the date of the enactment of this section, the Secretary 
shall establish an employee engagement steering committee, 
including representatives from operational components, 
headquarters, and field personnel, including supervisory 
and non-supervisory personnel, and employee labor organi-
zations that represent Department employees, and chaired 
by the Under Secretary for Management, to carry out the 
following activities: 
‘‘(1) Identify factors that have a negative impact 
on employee engagement, morale, and communica-
tions within the Department, such as perceptions 
about limitations on career progression, mobility, or 
development opportunities, collected through employee 
feedback platforms, including through annual em-
ployee surveys, questionnaires, and other communica-
tions, as appropriate. 
‘‘(2) Identify, develop, and distribute initiatives 
and best practices to improve employee engagement, 
morale, and communications within the Department, 
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including through annual employee surveys, question-
naires, and other communications, as appropriate. 
‘‘(3) Monitor efforts of each component to address 
employee engagement, morale, and communications 
based on employee feedback provided through annual 
employee surveys, questionnaires, and other commu-
nications, as appropriate. 
‘‘(4) Advise the Secretary on efforts to improve 
employee engagement, morale, and communications 
within specific components and across the Depart-
ment. 
‘‘(5) Conduct regular meetings and report, not 
less than once per quarter, to the Under Secretary for 
Management, the head of each component, and the 
Secretary on Department-wide efforts to improve em-
ployee engagement, morale, and communications. 
‘‘(b) ACTION PLAN; REPORTING.—The Secretary, act-
ing through the Chief Human Capital Officer, shall— 
‘‘(1) not later than 120 days after the date of the 
establishment of the steering committee under sub-
section (a), issue a Department-wide employee en-
gagement action plan, reflecting input from the em-
ployee engagement steering committee established pur-
suant to subsection (a) and employee feedback pro-
vided through annual employee surveys, question-
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naires, and other communications in accordance with 
paragraph (1) of such subsection, to execute strategies 
to improve employee engagement, morale, and com-
munications within the Department; and 
‘‘(2) require the head of each component to— 
‘‘(A) develop and implement a component- 
specific employee engagement plan to advance 
the action plan required under paragraph (1) 
that includes performance measures and objec-
tives, is informed by employee feedback provided 
through annual employee surveys, question-
naires, and other communications, as appro-
priate, and sets forth how employees and, where 
applicable, their labor representatives are to be 
integrated in developing programs and initia-
tives; 
‘‘(B) monitor progress on implementation of 
such action plan; and 
‘‘(C) provide to the Chief Human Capital 
Officer and the steering committee quarterly re-
ports on actions planned and progress made 
under this paragraph. 
‘‘(c) TERMINATION.—This section shall terminate on 
the date that is five years after the date of the enactment 
of this section.’’. 
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(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item related to section 713, 
as added by this Act, the following new item: 
‘‘Sec. 714. Employee engagement.’’. 
(c) SUBMISSIONS TO CONGRESS.— 
(1) DEPARTMENT-WIDE EMPLOYEE ENGAGEMENT 
ACTION PLAN.—The Secretary of Homeland Security, 
acting through the Chief Human Capital Officer of 
the Department of Homeland Security, shall submit 
to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate the 
Department-wide employee engagement action plan 
required under subsection (b)(1) of section 714 of the 
Homeland Security Act of 2002 (as added by sub-
section (a) of this section) not later than 30 days 
after the issuance of such plan under such subsection 
(b)(1). 
(2) COMPONENT-SPECIFIC
EMPLOYEE
ENGAGE-
MENT PLANS.—Each head of a component of the De-
partment of Homeland Security shall submit to the 
Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Se-
curity and Governmental Affairs of the Senate the 
component-specific employee engagement plan of each 
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such component required under subsection (b)(2) of 
section 714 of the Homeland Security Act of 2002 (as 
added by subsection (a) of this section) not later than 
30 days after the issuance of each such plan under 
such subsection (b)(2). 
SEC. 123. ANNUAL EMPLOYEE AWARD PROGRAM. 
(a) IN GENERAL.—Title VII of the Homeland Security 
Act of 2002 (6 U.S.C. 341 et seq.), as amended by section 
122 of this Act, is further amended by adding at the end 
the following new section: 
‘‘SEC. 715. ANNUAL EMPLOYEE AWARD PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary may establish an 
annual employee award program to recognize Department 
employees or groups of employees for significant contribu-
tions to the achievement of the Department’s goals and mis-
sions. If such a program is established, the Secretary 
shall— 
‘‘(1) establish within such program categories of 
awards, each with specific criteria, that emphasizes 
honoring employees who are at the non-supervisory 
level; 
‘‘(2) publicize within the Department how any 
employee or group of employees may be nominated for 
an award; 
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‘‘(3) establish an internal review board com-
prised of representatives from Department compo-
nents, headquarters, and field personnel to submit to 
the Secretary award recommendations regarding spe-
cific employees or groups of employees; 
‘‘(4) select recipients from the pool of nominees 
submitted by the internal review board under para-
graph (3) and convene a ceremony at which employ-
ees or groups of employees receive such awards from 
the Secretary; and 
‘‘(5) publicize such program within the Depart-
ment. 
‘‘(b) INTERNAL REVIEW BOARD.—The internal review 
board described in subsection (a)(3) shall, when carrying 
out its function under such subsection, consult with rep-
resentatives from operational components and headquarters, 
including supervisory and non-supervisory personnel, and 
employee labor organizations that represent Department 
employees. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to authorize additional funds to 
carry out the requirements of this section or to require the 
Secretary to provide monetary bonuses to recipients of an 
award under this section.’’. 
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(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002, as 
amended this Act, is further amended by inserting after the 
item relating to section 714 the following new item: 
‘‘Sec. 715. Annual employee award program.’’. 
SEC. 124. INDEPENDENT INVESTIGATION AND IMPLEMEN-
TATION PLAN. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act or the issuance of a report 
by the Inspector General of the Department of Homeland 
Security on the extent to which the Department has an eq-
uitable and consistent disciplinary process, whichever is 
later, but in no case later than one year after such date 
of enactment, the Comptroller General of the United States 
shall utilize, if available, such report and investigate wheth-
er the application of discipline and adverse actions are ad-
ministered in an equitable and consistent manner that re-
sults in the same or substantially similar disciplinary out-
comes across the Department for misconduct by a non-su-
pervisory or supervisor employee who engaged in the same 
or substantially similar misconduct. 
(b) CONSULTATION.—In carrying out the investigation 
described in subsection (a), the Comptroller General of the 
United States shall consult with the employee engagement 
steering committee established pursuant to subsection (b)(1) 
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of section 714 of the Homeland Security Act of 2002 (as 
added by section 122(a) of this Act). 
(c) ACTION
BY UNDER SECRETARY
FOR MANAGE-
MENT.—Upon completion of the investigation described in 
subsection (a), the Under Secretary for Management of the 
Department of Homeland Security shall review the findings 
and recommendations of such investigation and implement 
a plan, in consultation with the employee engagement steer-
ing committee established pursuant to subsection (b)(1) of 
section 714 of the Homeland Security Act of 2002, to correct 
any relevant deficiencies identified by the Comptroller Gen-
eral of the United States. The Under Secretary for Manage-
ment shall direct the employee engagement steering com-
mittee to review such plan to inform committee activities 
and action plans authorized under such section 714. 
SEC. 125. CENTER FOR FAITH-BASED AND NEIGHBORHOOD 
PARTNERSHIPS. 
(a) IN GENERAL.—Title V of the Homeland Security 
Act of 2002 (6 U.S.C. 311 et seq.), is amended by adding 
at the end the following: 
‘‘SEC. 528. CENTER FOR FAITH-BASED AND NEIGHBORHOOD 
PARTNERSHIPS. 
‘‘(a) IN GENERAL.—There is established in the Depart-
ment a Center for Faith-Based and Neighborhood Partner-
ships, headed by a Director. 
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‘‘(b) MISSION.—The mission of the Center shall be to 
develop and coordinate Departmental outreach efforts with 
faith-based and community organizations and serve as a 
liaison between such organizations and components of the 
Department for activities related to securing facilities, 
emergency preparedness and response, and combating 
human trafficking. 
‘‘(c) RESPONSIBILITIES.—In support of the mission of 
the Center for Faith-Based and Neighborhood Partnerships, 
the Director shall— 
‘‘(1) develop, in collaboration with the Adminis-
trator of the Federal Emergency Management Agency, 
exercises that engage faith-based and community or-
ganizations to test capabilities for all hazards, includ-
ing active shooter incidents; 
‘‘(2) coordinate the delivery of guidance and 
training to faith-based and community organizations 
related to securing their facilities against natural dis-
asters, acts of terrorism, and other man-made disas-
ters; 
‘‘(3) conduct outreach to faith-based and commu-
nity organizations regarding guidance, training, and 
exercises and Departmental capabilities available to 
assist faith-based and community organizations se-
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cure their facilities against natural disasters, acts of 
terrorism, and other man-made disasters; 
‘‘(4) facilitate engagement and coordination 
among the emergency management community and 
faith-based and community organizations; 
‘‘(5) deliver training and technical assistance to 
faith-based and community-based organizations and 
provide subject-matter expertise related to anti-human 
trafficking efforts to help communities successfully 
partner with other Blue Campaign components; and 
‘‘(6) perform any other duties as assigned by the 
Secretary.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is further amended by inserting 
after the item relating to section 527 the following: 
‘‘Sec. 528. Center For Faith-Based And Neighborhood Partnerships.’’. 
SEC. 126. TIMELY GUIDANCE TO DHS PERSONNEL REGARD-
ING EXECUTIVE ORDERS. 
(a) IN GENERAL.—Title VII of the Homeland Security 
Act of 2002 is further amended by adding at the end the 
following new section: 
‘‘SEC. 716. TIMELY GUIDANCE TO PERSONNEL REGARDING 
EXECUTIVE ORDERS. 
‘‘To the maximum extent practicable, before any Exec-
utive Order affecting Department functions, programs, or 
operations takes effect, the Secretary, in coordination with 
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the heads of relevant Department components and offices, 
shall make every effort to, as expeditiously as possible, pro-
vide to relevant Department personnel written guidance re-
garding how such Executive Order is to be implemented.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is further amended by inserting 
after the item relating to section 715, as added by this Act, 
the following new item: 
‘‘Sec. 716. Timely guidance to personnel regarding Executive Orders.’’. 
SEC. 127. SECRETARY’S RESPONSIBILITIES REGARDING 
ELECTION INFRASTRUCTURE. 
The Secretary of Homeland Security shall continue to 
prioritize the provision of assistance, on a voluntary basis, 
to State and local election officials in recognition of the im-
portance of election infrastructure to the United States and 
that its incapacity or destruction would have a debilitating 
impact on national security, and that state and non-state 
adversaries should not compromise election infrastructure. 
TITLE 
II—DEPARTMENT 
OF 
HOMELAND SECURITY ACQUI-
SITION ACCOUNTABILITY AND 
EFFICIENCY 
SEC. 201. DEFINITIONS. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 is amended by inserting 
before section 831 the following new section: 
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‘‘SEC. 830. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) The term ‘acquisition’ has the meaning 
given such term in section 131 of title 41, United 
States Code. 
‘‘(2) The term ‘acquisition decision authority’ 
means the authority, held by the Secretary acting 
through the Deputy Secretary or Under Secretary for 
Management to— 
‘‘(A) ensure compliance with Federal law, 
the Federal Acquisition Regulation, and Depart-
ment acquisition management directives; 
‘‘(B) review (including approving, pausing, 
modifying, or canceling) an acquisition program 
through the life cycle of such program; 
‘‘(C) ensure that acquisition program man-
agers have the resources necessary to successfully 
execute an approved acquisition program; 
‘‘(D) ensure good acquisition program man-
agement of cost, schedule, risk, and system per-
formance of the acquisition program at issue, in-
cluding assessing acquisition program baseline 
breaches and directing any corrective action for 
such breaches; and 
‘‘(E) ensure that acquisition program man-
agers, on an ongoing basis, monitor cost, sched-
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ule, and performance against established base-
lines and use tools to assess risks to an acquisi-
tion program at all phases of the life cycle of 
such program to avoid and mitigate acquisition 
program baseline breaches. 
‘‘(3) The term ‘acquisition decision event’ means, 
with respect to an acquisition program, a predeter-
mined point within each of the acquisition phases at 
which the acquisition decision authority determines 
whether such acquisition program shall proceed to the 
next acquisition phase. 
‘‘(4) The term ‘acquisition decision memo-
randum’ means, with respect to an acquisition, the 
official acquisition decision event record that includes 
a documented record of decisions, exit criteria, and 
assigned actions for such acquisition, as determined 
by the person exercising acquisition decision author-
ity for such acquisition. 
‘‘(5) The term ‘acquisition program’ means the 
process by which the Department acquires, with any 
appropriated amounts, by contract for purchase or 
lease, property or services (including construction) 
that support the missions and goals of the Depart-
ment. 
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‘‘(6) The term ‘acquisition program baseline’, 
with respect to an acquisition program, means a 
summary of the cost, schedule, and performance pa-
rameters, expressed in standard, measurable, quan-
titative terms, which must be met in order to accom-
plish the goals of such program. 
‘‘(7) The term ‘best practices’, with respect to ac-
quisition, means a knowledge-based approach to capa-
bility development that includes— 
‘‘(A) identifying and validating needs; 
‘‘(B) assessing alternatives to select the most 
appropriate solution; 
‘‘(C) clearly establishing well-defined re-
quirements; 
‘‘(D) developing realistic cost assessments 
and schedules; 
‘‘(E) securing stable funding that matches 
resources to requirements; 
‘‘(F) demonstrating technology, design, and 
manufacturing maturity; 
‘‘(G) using milestones and exit criteria or 
specific 
accomplishments 
that 
demonstrate 
progress; 
‘‘(H) adopting and executing standardized 
processes with known success across programs; 
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‘‘(I) establishing an adequate workforce that 
is qualified and sufficient to perform necessary 
functions; and 
‘‘(J) integrating the capabilities described 
in subparagraphs (A) through (I) into the De-
partment’s mission and business operations. 
‘‘(8) The term ‘breach’, with respect to a major 
acquisition program, means a failure to meet any 
cost, schedule, or performance threshold specified in 
the most recently approved acquisition program base-
line. 
‘‘(9) The term ‘congressional homeland security 
committees’ means— 
‘‘(A) the Committee on Homeland Security 
of the House of Representatives and the Com-
mittee on Homeland Security and Governmental 
Affairs of the Senate; and 
‘‘(B) the Committee on Appropriations of 
the House of Representatives and of the Senate. 
‘‘(10) The term ‘Component Acquisition Execu-
tive’ means the senior acquisition official within a 
component who is designated in writing by the Under 
Secretary for Management, in consultation with the 
component head, with authority and responsibility for 
leading a process and staff to provide acquisition and 
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program management oversight, policy, and guidance 
to ensure that statutory, regulatory, and higher level 
policy requirements are fulfilled, including compli-
ance with Federal law, the Federal Acquisition Regu-
lation, and Department acquisition management di-
rectives established by the Under Secretary for Man-
agement. 
‘‘(11) The term ‘life cycle cost’ means the total 
ownership cost of an acquisition, including all rel-
evant costs related to acquiring, owning, operating, 
maintaining, and disposing of the system, project, or 
product over a specified period of time. 
‘‘(12) The term ‘major acquisition program’ 
means a Department acquisition program that is esti-
mated by the Secretary to require an eventual total 
expenditure of at least $300,000,000 (based on fiscal 
year 2017 constant dollars) over its life cycle cost.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is further amended by inserting 
before the item relating to section 831 the following new 
item: 
‘‘830. Definitions.’’. 
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Subtitle A—Acquisition Authorities 
SEC. 211. ACQUISITION AUTHORITIES FOR UNDER SEC-
RETARY FOR MANAGEMENT OF THE DEPART-
MENT OF HOMELAND SECURITY. 
Section 701 of the Homeland Security Act of 2002 (6 
U.S.C. 341) is amended— 
(1) in subsection (a)(2), by inserting ‘‘and acqui-
sition management’’ after ‘‘procurement’’; 
(2) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; and 
(3) by inserting after subsection (c) the following 
new subsection: 
‘‘(d) ACQUISITION
AND
RELATED
RESPONSIBIL-
ITIES.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a) of section 1702 of title 41, United States Code, the 
Under Secretary for Management is the Chief Acqui-
sition Officer of the Department. As Chief Acquisition 
Officer, the Under Secretary shall have the authorities 
and perform the functions specified in subsection (b) 
of such section and shall perform all other functions 
and responsibilities delegated by the Secretary or de-
scribed in this subsection. 
‘‘(2) FUNCTIONS
AND
RESPONSIBILITIES.—In 
addition to the authorities and functions specified in 
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section 1702(b) of title 41, United States Code, the 
functions and responsibilities of the Under Secretary 
for Management related to acquisition include the fol-
lowing: 
‘‘(A) Advising the Secretary regarding ac-
quisition management activities, taking into ac-
count risks of failure to achieve cost, schedule, or 
performance parameters, to ensure that the De-
partment achieves its mission through the adop-
tion of widely accepted program management 
best practices and standards and, where appro-
priate, acquisition innovation best practices. 
‘‘(B) Leading the acquisition oversight body 
of the Department, the Acquisition Review 
Board, and exercising the acquisition decision 
authority to approve, pause, modify (including 
the rescission of approvals of program mile-
stones), or cancel major acquisition programs, 
unless the Under Secretary delegates such au-
thority to a Component Acquisition Executive 
pursuant to paragraph (3). 
‘‘(C) Establishing policies for acquisition 
that implement an approach that takes into ac-
count risks of failure to achieve cost, schedule, or 
performance parameters that all components of 
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the Department shall comply with, including 
outlining relevant authorities for program man-
agers to effectively manage acquisition programs. 
‘‘(D) Ensuring that each major acquisition 
program has a Department-approved acquisition 
program baseline, pursuant to the Department’s 
acquisition management policy. 
‘‘(E) Ensuring that the heads of components 
and Component Acquisition Executives comply 
with Federal law, the Federal Acquisition Regu-
lation, and Department acquisition management 
directives. 
‘‘(F) Providing additional scrutiny and 
oversight for an acquisition that is not a major 
acquisition if— 
‘‘(i) the acquisition is for a program 
that is important to departmental strategic 
and performance plans; 
‘‘(ii) the acquisition is for a program 
with significant program or policy implica-
tions; and 
‘‘(iii) the Secretary determines that 
such scrutiny and oversight for the acquisi-
tion is proper and necessary. 
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‘‘(G) Ensuring that grants and financial 
assistance are provided only to individuals and 
organizations 
that 
are 
not 
suspended 
or 
debarred. 
‘‘(H) Distributing guidance throughout the 
Department to ensure that contractors involved 
in acquisitions, particularly contractors that ac-
cess the Department’s information systems and 
technologies, adhere to relevant Department poli-
cies related to physical and information security 
as identified by the Under Secretary for Manage-
ment. 
‘‘(I) Overseeing the Component Acquisition 
Executive organizational structure to ensure 
Component Acquisition Executives have suffi-
cient capabilities and comply with Department 
acquisition policies. 
‘‘(J) Ensuring acquisition decision memo-
randa adequately document decisions made at 
acquisition decision events, including any af-
firmative determination of contractor responsi-
bility at the down selection phase and any other 
significant procurement decisions related to the 
acquisition at issue. 
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‘‘(3) DELEGATION OF ACQUISITION DECISION AU-
THORITY.— 
‘‘(A) LEVEL 3 ACQUISITIONS.—The Under 
Secretary for Management may delegate acquisi-
tion decision authority in writing to the relevant 
Component Acquisition Executive for an acquisi-
tion program that has a life cycle cost estimate 
of less than $300,000,000. 
‘‘(B) LEVEL 2 ACQUISITIONS.—The Under 
Secretary for Management may delegate acquisi-
tion decision authority in writing to the relevant 
Component Acquisition Executive for a major 
acquisition program that has a life cycle cost es-
timate of at least $300,000,000 but not more 
than $1,000,000,000 if all of the following re-
quirements are met: 
‘‘(i) The component concerned possesses 
working policies, processes, and procedures 
that are consistent with Department-level 
acquisition policy. 
‘‘(ii) The Component Acquisition Exec-
utive concerned has adequate, experienced, 
and dedicated professional employees with 
program management training, as applica-
ble, commensurate with the size of the ac-
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quisition programs and related activities 
delegated to such Component Acquisition 
Executive by the Under Secretary for Man-
agement. 
‘‘(iii) Each major acquisition program 
concerned has written documentation show-
ing that it has a Department-approved ac-
quisition program baseline and it is meet-
ing agreed-upon cost, schedule, and per-
formance thresholds. 
‘‘(4) RELATIONSHIP TO UNDER SECRETARY FOR 
SCIENCE AND TECHNOLOGY.— 
‘‘(A) IN
GENERAL.—Nothing in this sub-
section shall diminish the authority granted to 
the Under Secretary for Science and Technology 
under this Act. The Under Secretary for Man-
agement and the Under Secretary for Science 
and Technology shall cooperate in matters re-
lated to the coordination of acquisitions across 
the Department so that investments of the Direc-
torate of Science and Technology are able to sup-
port current and future requirements of the com-
ponents of the Department. 
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‘‘(B) OPERATIONAL TESTING AND EVALUA-
TION.—The Under Secretary for Science and 
Technology shall— 
‘‘(i) ensure, in coordination with rel-
evant component heads, that major acquisi-
tion programs— 
‘‘(I) complete operational testing 
and evaluation of technologies and sys-
tems; 
‘‘(II) use independent verification 
and validation of operational test and 
evaluation implementation and results; 
and 
‘‘(III) document whether such pro-
grams meet all performance require-
ments included in their acquisition 
program baselines; 
‘‘(ii) ensure that such operational test-
ing and evaluation includes all system com-
ponents and incorporates operators into the 
testing to ensure that systems perform as 
intended in the appropriate operational set-
ting; and 
‘‘(iii) determine if testing conducted by 
other Federal agencies and private entities 
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is relevant and sufficient in determining 
whether systems perform as intended in the 
operational setting. 
‘‘(5) DEFINITIONS.—In this subsection, the terms 
‘acquisition’, ‘best practices’, ‘acquisition decision au-
thority’, ‘major acquisition program’, ‘acquisition 
program baseline’, and ‘Component Acquisition Exec-
utive’ have the meanings given such terms in section 
830.’’. 
SEC. 212. ACQUISITION AUTHORITIES FOR CHIEF FINAN-
CIAL OFFICER OF THE DEPARTMENT OF 
HOMELAND SECURITY. 
Paragraph (2) of section 702(b) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 342(b)) is amended by adding 
at the end the following new subparagraph: 
‘‘(J) Oversee the costs of acquisition pro-
grams and related activities to ensure that ac-
tual and planned costs are in accordance with 
budget estimates and are affordable, or can be 
adequately funded, over the life cycle of such pro-
grams and activities.’’. 
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SEC. 213. ACQUISITION AUTHORITIES FOR CHIEF INFORMA-
TION OFFICER OF THE DEPARTMENT OF 
HOMELAND SECURITY. 
Section 703 of the Homeland Security Act of 2002 (6 
U.S.C. 343) is amended— 
(1) by redesignating subsection (b) as subsection 
(c); and 
(2) by inserting after subsection (a) the following 
new subsection: 
‘‘(b) 
ACQUISITION
RESPONSIBILITIES.—Notwith-
standing section 11315 of title 40, United States Code, the 
acquisition responsibilities of the Chief Information Officer, 
in consultation with the Under Secretary for Management, 
shall include the following: 
‘‘(1) Oversee the management of the Homeland 
Security Enterprise Architecture and ensure that, be-
fore each acquisition decision event (as such term is 
defined in section 830), approved information tech-
nology acquisitions comply with departmental infor-
mation technology management processes, technical 
requirements, and the Homeland Security Enterprise 
Architecture, and in any case in which information 
technology acquisitions do not comply with the De-
partment’s 
management 
directives, 
make 
rec-
ommendations to the Acquisition Review Board re-
garding such noncompliance. 
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‘‘(2) Be responsible for providing recommenda-
tions to the Acquisition Review Board regarding in-
formation technology programs, and be responsible for 
developing information technology acquisition stra-
tegic guidance.’’. 
SEC. 214. ACQUISITION AUTHORITIES FOR PROGRAM AC-
COUNTABILITY AND RISK MANAGEMENT. 
(a) IN GENERAL.—Title VII of the Homeland Security 
Act of 2002 (6 U.S.C. 341 et seq.) is further amended by 
adding at the end the following: 
‘‘SEC. 717. ACQUISITION AUTHORITIES FOR PROGRAM AC-
COUNTABILITY AND RISK MANAGEMENT. 
‘‘(a) ESTABLISHMENT OF OFFICE.—There is in the 
Management Directorate of the Department an office to be 
known as ‘Program Accountability and Risk Management’. 
The purpose of the office is to— 
‘‘(1) provide consistent accountability, standard-
ization, and transparency of major acquisition pro-
grams of the Department; and 
‘‘(2) serve as the central oversight function for 
all Department acquisition programs. 
‘‘(b) RESPONSIBILITIES OF EXECUTIVE DIRECTOR.— 
The Program Accountability and Risk Management shall 
be led by an Executive Director to oversee the requirement 
under subsection (a). The Executive Director shall report 
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directly to the Under Secretary for Management, and shall 
carry out the following responsibilities: 
‘‘(1) Monitor regularly the performance of De-
partment acquisition programs between acquisition 
decision events to identify problems with cost, per-
formance, or schedule that components may need to 
address to prevent cost overruns, performance issues, 
or schedule delays. 
‘‘(2) Assist the Under Secretary for Management 
in managing the acquisition programs and related 
activities of the Department. 
‘‘(3) Conduct oversight of individual acquisition 
programs to implement Department acquisition pro-
gram policy, procedures, and guidance with a pri-
ority on ensuring the data the office collects and 
maintains from Department components is accurate 
and reliable. 
‘‘(4) Serve as the focal point and coordinator for 
the acquisition life cycle review process and as the ex-
ecutive secretariat for the Acquisition Review Board. 
‘‘(5) Advise the persons having acquisition deci-
sion authority in making acquisition decisions con-
sistent with all applicable laws and in establishing 
clear lines of authority, accountability, and responsi-
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bility for acquisition decision making within the De-
partment. 
‘‘(6) Engage in the strategic planning and per-
formance evaluation process required under section 
306 of title 5, United States Code, and sections 
1105(a)(28), 1115, 1116, and 9703 of title 31, United 
States Code, by supporting the Chief Procurement Of-
ficer in developing strategies and specific plans for 
hiring, training, and professional development in 
order to rectify any deficiency within the Depart-
ment’s acquisition workforce. 
‘‘(7) Develop standardized certification stand-
ards in consultation with the Component Acquisition 
Executives for all acquisition program managers. 
‘‘(8) In the event that a certification or action 
of an acquisition program manager needs review for 
purposes of promotion or removal, provide input, in 
consultation with the relevant Component Acquisition 
Executive, into the performance evaluation of the rel-
evant acquisition program manager and report posi-
tive or negative experiences to the relevant certifying 
authority. 
‘‘(9) Provide technical support and assistance to 
Department acquisitions and acquisition personnel in 
conjunction with the Chief Procurement Officer. 
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‘‘(10) Prepare the Comprehensive Acquisition 
Status Report for the Department, as required by title 
I of division D of the Consolidated Appropriations 
Act, 2016 (Public Law 114–113), and make such re-
port available to the congressional homeland security 
committees. 
‘‘(c) RESPONSIBILITIES OF COMPONENTS.—Each head 
of a component shall comply with Federal law, the Federal 
Acquisition Regulation, and Department acquisition man-
agement directives established by the Under Secretary for 
Management. For each major acquisition program, each 
head of a component shall— 
‘‘(1) define baseline requirements and document 
changes to such requirements, as appropriate; 
‘‘(2) establish a complete life cycle cost estimate 
with supporting documentation, including an acquisi-
tion program baseline; 
‘‘(3) verify each life cycle cost estimate against 
independent cost estimates, and reconcile any dif-
ferences; 
‘‘(4) complete a cost-benefit analysis with sup-
porting documentation; 
‘‘(5) develop and maintain a schedule that is 
consistent with scheduling best practices as identified 
by the Comptroller General of the United States, in-
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100 
cluding, in appropriate cases, an integrated master 
schedule; and 
‘‘(6) ensure that all acquisition program infor-
mation provided by the component is complete, accu-
rate, timely, and valid. 
‘‘(d) CONGRESSIONAL HOMELAND SECURITY COMMIT-
TEES DEFINED.—In this section, the term ‘congressional 
homeland security committees’ means— 
‘‘(1) the Committee on Homeland Security of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate; and 
‘‘(2) the Committee on Appropriations of the 
House of Representatives and the Committee on Ap-
propriations of the Senate. 
‘‘SEC. 718. ACQUISITION DOCUMENTATION. 
‘‘(a) IN GENERAL.—For each major acquisition pro-
gram, the Executive Director responsible for the prepara-
tion of the Comprehensive Acquisition Status Report, pur-
suant to paragraph (11) of section 710(b), shall require cer-
tain acquisition documentation to be submitted by Depart-
ment components or offices. 
‘‘(b) WAIVER.—The Secretary may waive the require-
ment for submission under subsection (a) for a program for 
a fiscal year if either— 
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101 
‘‘(1) the program has not— 
‘‘(A) entered the full rate production phase 
in the acquisition life cycle; 
‘‘(B) had a reasonable cost estimate estab-
lished; and 
‘‘(C) had a system configuration defined 
fully; or 
‘‘(2) the program does not meet the definition of 
‘capital asset’, as defined by the Director of the Office 
of Management and Budget. 
‘‘(c) CONGRESSIONAL OVERSIGHT.—At the same time 
the President’s budget is submitted for a fiscal year under 
section 1105(a) of title 31, United States Code, the Sec-
retary shall submit to the Committee on Homeland Security 
of the House of Representatives and Committee on Home-
land Security and Governmental Affairs of the Senate in-
formation on the exercise of authority under subsection (b) 
in the prior fiscal year that includes the following specific 
information regarding each program for which a waiver is 
issued under subsection (b): 
‘‘(1) The grounds for granting a waiver for that 
program. 
‘‘(2) The projected cost of that program. 
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102 
‘‘(3) The proportion of a component’s annual ac-
quisition budget attributed to that program, as avail-
able. 
‘‘(4) Information on the significance of the pro-
gram with respect to the component’s operations and 
execution of its mission.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 is further 
amended by inserting after the item relating to section 716, 
as added by this Act, the following new items: 
‘‘Sec. 717. Acquisition authorities for Program Accountability and Risk Manage-
ment. 
‘‘Sec. 718. Acquisition documentation.’’. 
SEC. 215. ACQUISITION INNOVATION. 
(a) IN GENERAL.—Title VII of the Homeland Security 
Act of 2002 (6 U.S.C. 341 et seq.) as amended by this Act, 
is further amended by adding at the end the following new 
section: 
‘‘SEC. 719. ACQUISITION INNOVATION. 
‘‘The Under Secretary for Management may— 
‘‘(1) designate an individual within the Depart-
ment to manage acquisition innovation efforts of the 
Department; 
‘‘(2) test emerging acquisition best practices to 
carrying out acquisitions, consistent with the Federal 
Acquisition Regulation and Department acquisition 
management directives, as appropriate; 
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103 
‘‘(3) develop and distribute best practices and 
lessons learned regarding acquisition innovation 
throughout the Department; 
‘‘(4) establish metrics to measure the effectiveness 
of acquisition innovation efforts with respect to cost, 
operational efficiency of the acquisition program (in-
cluding timeframes for executing contracts), and col-
laboration with the private sector, including small 
businesses; and 
‘‘(5) determine impacts of acquisition innovation 
efforts on the private sector by— 
‘‘(A) engaging with the private sector, in-
cluding small businesses, to provide information 
and obtain feedback on procurement practices 
and acquisition innovation efforts of the Depart-
ment; 
‘‘(B) obtaining feedback from the private 
sector on the impact of acquisition innovation ef-
forts of the Department; and 
‘‘(C) incorporating such feedback, as appro-
priate, into future acquisition innovation efforts 
of the Department.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 is 
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104 
amended by inserting after the item relating to section 718, 
as added by this Act, the following new item: 
‘‘Sec. 719. Acquisition innovation.’’. 
(c) INFORMATION.—Not later than 90 days after the 
date on which the Secretary of Homeland Security submits 
the annual budget justification for the Department of 
Homeland Security for each of fiscal years 2019 through 
2023, the Secretary shall, if appropriate, provide informa-
tion to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate on the activi-
ties undertaken in the previous fiscal year in furtherance 
of section 719 of the Homeland Security Act of 2002, as 
added by subsection (a) of this Act, on the following: 
(1) Emerging acquisition best practices that were 
tested within the Department during such fiscal year. 
(2) Efforts to distribute best practices and lessons 
learned within the Department, including through 
web-based seminars, training, and forums, during 
such fiscal year. 
(3) Utilization by components throughout the 
Department of best practices distributed by the Under 
Secretary of Management pursuant to paragraph (3) 
of such section 719. 
(4) Performance as measured by the metrics es-
tablished under paragraph (4) of such section 719. 
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(5) Outcomes of efforts to distribute best prac-
tices and lessons learned within the Department, in-
cluding through web-based seminars, training, and fo-
rums. 
(6) Any impacts of the utilization of innovative 
acquisition mechanisms by the Department on the 
private sector, including small businesses. 
(7) The criteria used to identify specific acquisi-
tion programs or activities to be included in acquisi-
tion innovation efforts and the outcomes of such pro-
grams or activities. 
(8) Recommendations, as necessary, to enhance 
acquisition innovation in the Department. 
Subtitle B—Acquisition Program 
Management Discipline 
SEC. 221. ACQUISITION REVIEW BOARD. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is 
amended by adding at the end the following new section: 
‘‘SEC. 836. ACQUISITION REVIEW BOARD. 
‘‘(a) IN GENERAL.—The Secretary shall establish an 
Acquisition Review Board (in this section referred to as the 
‘Board’) to— 
‘‘(1) strengthen accountability and uniformity 
within the Department acquisition review process; 
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‘‘(2) review major acquisition programs; and 
‘‘(3) review the use of best practices. 
‘‘(b) COMPOSITION.—The Under Secretary for Man-
agement shall serve as chair of the Board. The Secretary 
shall also ensure participation by other relevant Depart-
ment officials, including at least two component heads or 
their designees, as permanent members of the Board. 
‘‘(c) MEETINGS.—The Board shall meet regularly for 
purposes of ensuring all acquisitions processes proceed in 
a timely fashion to achieve mission readiness. The Board 
shall convene at the discretion of the Secretary and at any 
time— 
‘‘(1) a major acquisition program— 
‘‘(A) requires authorization to proceed from 
one 
acquisition 
decision 
event 
to 
another 
throughout the acquisition life cycle; 
‘‘(B) is in breach of its approved require-
ments; or 
‘‘(C) requires additional review, as deter-
mined by the Under Secretary for Management; 
or 
‘‘(2) a non-major acquisition program requires 
review, as determined by the Under Secretary for 
Management. 
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‘‘(d) RESPONSIBILITIES.—The responsibilities of the 
Board are as follows: 
‘‘(1) Determine whether a proposed acquisition 
has met the requirements of key phases of the acquisi-
tion life cycle framework and is able to proceed to the 
next phase and eventual full production and deploy-
ment. 
‘‘(2) Oversee whether a proposed acquisition’s 
business strategy, resources, management, and ac-
countability is executable and is aligned to strategic 
initiatives. 
‘‘(3) Support the person with acquisition deci-
sion authority for an acquisition in determining the 
appropriate direction for such acquisition at key ac-
quisition decision events. 
‘‘(4) Conduct systematic reviews of acquisitions 
to ensure that such acquisitions are progressing in 
compliance with the approved documents for their 
current acquisition phases. 
‘‘(5) Review the acquisition documents of each 
major acquisition program, including the acquisition 
program baseline and documentation reflecting con-
sideration of tradeoffs among cost, schedule, and per-
formance objectives, to ensure the reliability of under-
lying data. 
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‘‘(6) Ensure that practices are adopted and im-
plemented to require consideration of trade-offs 
among cost, schedule, and performance objectives as 
part of the process for developing requirements for 
major acquisition programs prior to the initiation of 
the second acquisition decision event, including, at a 
minimum, the following practices: 
‘‘(A) Department officials responsible for 
acquisition, budget, and cost estimating func-
tions are provided with the appropriate oppor-
tunity to develop estimates and raise cost and 
schedule matters before performance objectives 
are established for capabilities when feasible. 
‘‘(B) Full consideration is given to possible 
trade-offs among cost, schedule, and performance 
objectives for each alternative. 
‘‘(e) ACQUISITION PROGRAM BASELINE REPORT RE-
QUIREMENT.—If the person exercising acquisition decision 
authority over a major acquisition program approves such 
program to proceed into the planning phase before such pro-
gram has a Department-approved acquisition program 
baseline, the Under Secretary for Management shall create 
and approve an acquisition program baseline report re-
garding such approval, and the Secretary shall— 
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‘‘(1) within seven days after an acquisition deci-
sion memorandum is signed, notify in writing the 
Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Se-
curity and Governmental Affairs of the Senate of such 
decision; and 
‘‘(2) within 60 days after the acquisition deci-
sion memorandum is signed, submit to such commit-
tees a report stating the rationale for such decision 
and a plan of action to require an acquisition pro-
gram baseline for such program. 
‘‘(f) REPORT.—The Under Secretary for Management 
shall 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 on an annual basis through fiscal year 2022 on the 
activities of the Board for the prior fiscal year that includes 
information relating to the following: 
‘‘(1) For each meeting of the Board, any acquisi-
tion decision memoranda. 
‘‘(2) Results of the systematic reviews conducted 
pursuant to paragraph (4) of subsection (d). 
‘‘(3) Results of acquisition document reviews re-
quired pursuant to paragraph (5) of subsection (d). 
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‘‘(4) Activities to ensure that practices are 
adopted and implemented throughout the Department 
pursuant to paragraph (6) of subsection (d).’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.) is further amended by adding after the item 
relating to section 835 the following new item: 
‘‘Sec. 836. Acquisition Review Board.’’. 
SEC. 222. REQUIREMENTS TO REDUCE DUPLICATION IN AC-
QUISITION PROGRAMS. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is 
further amended by adding at the end the following new 
section: 
‘‘SEC. 837. REQUIREMENTS TO REDUCE DUPLICATION IN 
ACQUISITION PROGRAMS. 
‘‘(a) REQUIREMENT TO ESTABLISH POLICIES.—In an 
effort to reduce unnecessary duplication and inefficiency for 
all Department investments, including major acquisition 
programs, the Deputy Secretary, in consultation with the 
Under Secretary for Management, shall establish Depart-
ment-wide policies to integrate all phases of the investment 
life cycle and help the Department identify, validate, and 
prioritize common component requirements for major ac-
quisition programs in order to increase opportunities for 
effectiveness and efficiencies. The policies shall also include 
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strategic alternatives for developing and facilitating a De-
partment component-driven requirements process that in-
cludes oversight of a development test and evaluation capa-
bility; identification of priority gaps and overlaps in De-
partment capability needs; and provision of feasible tech-
nical alternatives, including innovative commercially 
available alternatives, to meet capability needs. 
‘‘(b) MECHANISMS TO CARRY OUT REQUIREMENT.— 
The Under Secretary for Management shall coordinate the 
actions necessary to carry out subsection (a), using such 
mechanisms as considered necessary by the Secretary to 
help the Department reduce unnecessary duplication and 
inefficiency for all Department investments, including 
major acquisition programs. 
‘‘(c) COORDINATION.—In coordinating the actions nec-
essary to carry out subsection (a), the Deputy Secretary 
shall consult with the Under Secretary for Management, 
Component Acquisition Executives, and any other Depart-
ment officials, including the Under Secretary for Science 
and Technology or his designee, with specific knowledge of 
Department or component acquisition capabilities to pre-
vent unnecessary duplication of requirements. 
‘‘(d) ADVISORS.—The Deputy Secretary, in consulta-
tion with the Under Secretary for Management, shall seek 
and consider input within legal and ethical boundaries 
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from members of Federal, State, local, and tribal govern-
ments, nonprofit organizations, and the private sector, as 
appropriate, on matters within their authority and exper-
tise in carrying out the Department’s mission. 
‘‘(e) MEETINGS.—The Deputy Secretary, in consulta-
tion with the Under Secretary for Management, shall meet 
at least quarterly and communicate with components often 
to ensure that components do not overlap or duplicate 
spending or activities on major investments and acquisition 
programs within their areas of responsibility. 
‘‘(f) RESPONSIBILITIES.—In carrying out this section, 
the responsibilities of the Deputy Secretary, in consultation 
with the Under Secretary for Management, are as follows: 
‘‘(1) To review and validate the requirements 
documents of major investments and acquisition pro-
grams prior to acquisition decision events of the in-
vestments or programs. 
‘‘(2) To ensure the requirements and scope of a 
major investment or acquisition program are stable, 
measurable, achievable, at an acceptable risk level, 
and match the resources planned to be available. 
‘‘(3) Before any entity of the Department issues 
a solicitation for a new contract, coordinate with 
other Department entities as appropriate to prevent 
unnecessary duplication and inefficiency and— 
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‘‘(A) to implement portfolio reviews to iden-
tify common mission requirements and cross-
cutting opportunities among components to har-
monize investments and requirements and pre-
vent unnecessary overlap and duplication among 
components; and 
‘‘(B) to the extent practicable, to stand-
ardize equipment purchases, streamline the ac-
quisition process, improve efficiencies, and con-
duct best practices for strategic sourcing. 
‘‘(4) To ensure program managers of major in-
vestments and acquisition programs conduct analyses, 
giving particular attention to factors such as cost, 
schedule, risk, performance, and operational efficiency 
in order to determine that programs work as intended 
within cost and budget expectations. 
‘‘(5) To propose schedules for delivery of the 
operational capability needed to meet each Depart-
ment investment and major acquisition program.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.) is further amended by adding after the item 
relating to section 836, as added by this Act, the following 
new item: 
‘‘Sec. 837. Requirements to reduce duplication in acquisition programs.’’. 
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SEC. 223. DEPARTMENT LEADERSHIP COUNCIL. 
(a) IN GENERAL.—Subtitle H of title VIII of the 
Homeland Security Act of 2002 is amended by adding at 
the end the following new section: 
‘‘SEC. 890B. DEPARTMENT LEADERSHIP COUNCIL. 
‘‘(a) DEPARTMENT LEADERSHIP COUNCIL.— 
‘‘(1) ESTABLISHMENT.—The Secretary may es-
tablish a Department leadership council as the Sec-
retary determines necessary to ensure coordination 
and improve programs and activities of the Depart-
ment. 
‘‘(2) 
FUNCTION.—A 
Department 
leadership 
council shall— 
‘‘(A) serve as coordinating forums; 
‘‘(B) advise the Secretary and Deputy Sec-
retary on Department strategy, operations, and 
guidance; and 
‘‘(C) consider and report on such other mat-
ters as the Secretary or Deputy Secretary may 
direct. 
‘‘(3) RELATIONSHIP
TO
OTHER
FORUMS.—The 
Secretary or Deputy Secretary may delegate the au-
thority to direct the implementation of any decision 
or guidance resulting from the action of a Depart-
ment leadership council to any office, component, co-
ordinator, or other senior official of the Department. 
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‘‘(4) MISSION.—In addition to other matters as-
signed to it by the Secretary and Deputy Secretary, 
a leadership council shall— 
‘‘(A) identify, assess, and validate joint re-
quirements (including existing systems and asso-
ciated capability gaps) to meet mission needs of 
the Department; 
‘‘(B) ensure that appropriate efficiencies are 
made among life-cycle cost, schedule, and per-
formance objectives, and procurement quantity 
objectives, in the establishment and approval of 
joint requirements; and 
‘‘(C) 
make 
prioritized 
capability 
rec-
ommendations for the joint requirements vali-
dated under subparagraph (A) to the Secretary, 
the Deputy Secretary, or the chairperson of a 
Department leadership council designated by the 
Secretary to review decisions of the leadership 
council. 
‘‘(5) CHAIRPERSON.—The Secretary shall ap-
point a chairperson of a leadership council, for a 
term of not more than 2 years, from among senior of-
ficials from components of the Department or other 
senior officials as designated by the Secretary. 
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‘‘(6) COMPOSITION.—A leadership council shall 
be composed of senior officials representing compo-
nents of the Department and other senior officials as 
designated by the Secretary. 
‘‘(7) RELATIONSHIP TO FUTURE YEARS HOME-
LAND SECURITY PROGRAM.—The Secretary shall en-
sure that the Future Years Homeland Security Pro-
gram required under section 874 is consistent with 
any recommendations of a leadership council required 
under paragraph (2)(C), as affirmed by the Sec-
retary, the Deputy Secretary, or the chairperson of a 
Department leadership council designated by the Sec-
retary under that paragraph.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is amended by inserting after the 
item relating to section 890A the following new item: 
‘‘Sec. 890B. Department leadership council.’’. 
SEC. 224. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 
OF BOARD AND OF REQUIREMENTS TO RE-
DUCE DUPLICATION IN ACQUISITION PRO-
GRAMS. 
(a) REVIEW REQUIRED.—The Comptroller General of 
the United States shall conduct a review of the effectiveness 
of the Acquisition Review Board established under section 
836 of the Homeland Security Act of 2002 (as added by 
section 221) and the requirements to reduce unnecessary du-
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plication in acquisition programs established under section 
837 of such Act (as added by section 222) in improving 
the Department’s acquisition management process. 
(b) SCOPE OF REPORT.—The review shall include the 
following: 
(1) An assessment of the effectiveness of the 
Board in increasing program management oversight, 
best practices and standards, and discipline among 
the components of the Department, including in work-
ing together and in preventing overlap and unneces-
sary duplication. 
(2) An assessment of the effectiveness of the 
Board in instilling program management discipline. 
(3) A statement of how regularly each major ac-
quisition program is reviewed by the Board, how 
often the Board stops major acquisition programs 
from moving forward in the phases of the acquisition 
life cycle process, and the number of major acquisi-
tion programs that have been halted because of prob-
lems with operational effectiveness, schedule delays, or 
cost overruns. 
(4) An assessment of the effectiveness of the 
Board in impacting acquisition decisionmaking with-
in the Department, including the degree to which the 
Board impacts decision making within other head-
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quarters mechanisms and bodies involved in the ad-
ministration of acquisition activities. 
(c) REPORT REQUIRED.—Not later than one year after 
the date of the enactment of this Act, the Comptroller Gen-
eral shall submit to the congressional homeland security 
committees a report on the review required by this section. 
The report shall be submitted in unclassified form but may 
include a classified annex. 
SEC. 225. EXCLUDED PARTY LIST SYSTEM WAIVERS. 
Not later than five days after the issuance of a waiver 
by the Secretary of Homeland Security of Federal require-
ments that an agency not engage in business with a con-
tractor in the Excluded Party List System (or successor sys-
tem) as maintained by the General Services Administra-
tion, the Secretary shall submit to Congress notice of such 
waiver and an explanation for a finding by the Secretary 
that a compelling reason exists for issuing such waiver. 
SEC. 226. INSPECTOR GENERAL OVERSIGHT OF SUSPEN-
SION AND DEBARMENT. 
The Inspector General of the Department of Homeland 
Security— 
(1) may audit decisions about grant and pro-
curement awards to identify instances where a con-
tract or grant was improperly awarded to a sus-
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pended or debarred entity and whether corrective ac-
tions were taken to prevent recurrence; and 
(2) shall review the suspension and debarment 
program throughout the Department of Homeland Se-
curity to assess whether suspension and debarment 
criteria are consistently applied throughout the De-
partment and whether disparities exist in the appli-
cation of such criteria, particularly with respect to 
business size and categories. 
Subtitle 
C—Acquisition 
Program 
Management Accountability and 
Transparency 
SEC. 231. CONGRESSIONAL NOTIFICATION FOR MAJOR AC-
QUISITION PROGRAMS. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is 
further amended by adding at the end the following new 
section: 
‘‘SEC. 838. CONGRESSIONAL NOTIFICATION AND OTHER RE-
QUIREMENTS FOR MAJOR ACQUISITION PRO-
GRAM BREACH. 
‘‘(a) REQUIREMENTS WITHIN DEPARTMENT IN EVENT 
OF BREACH.— 
‘‘(1) NOTIFICATIONS.— 
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‘‘(A) NOTIFICATION
OF
BREACH.—If a 
breach occurs in a major acquisition program, 
the program manager for such program shall no-
tify the Component Acquisition Executive for 
such program, the head of the component con-
cerned, the Executive Director of the Program 
Accountability and Risk Management division, 
the Under Secretary for Management, and the 
Deputy Secretary not later than 30 calendar 
days after such breach is identified. 
‘‘(B) NOTIFICATION TO SECRETARY.—If a 
breach occurs in a major acquisition program 
and such breach results in a cost overrun greater 
than 15 percent, a schedule delay greater than 
180 days, or a failure to meet any of the per-
formance thresholds from the cost, schedule, or 
performance parameters specified in the most re-
cently approved acquisition program baseline for 
such program, the Component Acquisition Exec-
utive for such program shall notify the Secretary 
and the Inspector General of the Department not 
later than five business days after the Compo-
nent Acquisition Executive for such program, the 
head of the component concerned, the Executive 
Director of the Program Accountability and Risk 
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Management Division, the Under Secretary for 
Management, and the Deputy Secretary are noti-
fied of the breach pursuant to subparagraph (A). 
‘‘(2) REMEDIATION PLAN AND ROOT CAUSE ANAL-
YSIS.— 
‘‘(A) IN GENERAL.—If a breach occurs in a 
major acquisition program, the program man-
ager for such program shall submit to the head 
of the component concerned, the Executive Direc-
tor of the Program Accountability and Risk 
Management division, and the Under Secretary 
for Management in writing a remediation plan 
and root cause analysis relating to such breach 
and program. Such plan and analysis shall be 
submitted at a date established at the discretion 
of the Under Secretary for Management. 
‘‘(B) REMEDIATION
PLAN.—The remedi-
ation plan required under this subparagraph (A) 
shall— 
‘‘(i) explain the circumstances of the 
breach at issue; 
‘‘(ii) provide prior cost estimating in-
formation; 
‘‘(iii) include a root cause analysis 
that determines the underlying cause or 
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causes of shortcomings in cost, schedule, or 
performance of the major acquisition pro-
gram with respect to which such breach has 
occurred, including the role, if any, of— 
‘‘(I) unrealistic performance ex-
pectations; 
‘‘(II) unrealistic baseline esti-
mates for cost or schedule or changes in 
program requirements; 
‘‘(III) immature technologies or 
excessive manufacturing or integration 
risk; 
‘‘(IV) unanticipated design, engi-
neering, manufacturing, or technology 
integration issues arising during pro-
gram performance; 
‘‘(V) changes to the scope of such 
program; 
‘‘(VI) inadequate program fund-
ing or changes in planned out-year 
funding from one 5-year funding plan 
to the next 5-year funding plan as out-
lined in the Future Years Homeland 
Security Program required under sec-
tion 874; 
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‘‘(VII) legislative, legal, or regu-
latory changes; or 
‘‘(VIII) inadequate program man-
agement personnel, including lack of 
sufficient number of staff, training, 
credentials, certifications, or use of best 
practices; 
‘‘(iv) propose corrective action to ad-
dress cost growth, schedule delays, or per-
formance issues; 
‘‘(v) explain the rationale for why a 
proposed corrective action is recommended; 
and 
‘‘(vi) in coordination with the Compo-
nent Acquisition Executive for such pro-
gram, discuss all options considered, includ-
ing the estimated impact on cost, schedule, 
or performance of such program if no 
changes are made to current requirements, 
the estimated cost of such program if re-
quirements are modified, and the extent to 
which funding from other programs will 
need to be reduced to cover the cost growth 
of such program. 
‘‘(3) REVIEW OF CORRECTIVE ACTIONS.— 
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‘‘(A) IN
GENERAL.—The Under Secretary 
for Management shall review the remediation 
plan required under paragraph (2). The Under 
Secretary may approve such plan or provide an 
alternative proposed corrective action within 30 
days of the submission of such plan under such 
paragraph. 
‘‘(B) SUBMISSION TO CONGRESS.—Not later 
than 30 days after the review required under 
subparagraph (A) is completed, the Under Sec-
retary for Management shall submit to the con-
gressional homeland security committees the fol-
lowing: 
‘‘(i) A copy of the remediation plan 
and the root cause analysis required under 
paragraph (2). 
‘‘(ii) A statement describing the correc-
tive action or actions that have occurred 
pursuant to paragraph (2)(b)(iv) for the 
major acquisition program at issue, with a 
justification for such action or actions. 
‘‘(b) REQUIREMENTS RELATING TO CONGRESSIONAL 
NOTIFICATION IF BREACH OCCURS.— 
‘‘(1) NOTIFICATION TO CONGRESS.—If a notifica-
tion to the Secretary is made under subsection 
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(a)(1)(B) relating to a breach in a major acquisition 
program, the Under Secretary for Management shall 
notify the congressional homeland security committees 
of such breach in the next quarterly Comprehensive 
Acquisition Status Report, as required by title I of 
division D of the Consolidated Appropriations Act, 
2016, (Public Law 114–113) following receipt by the 
Under Secretary of notification under such sub-
section. 
‘‘(2) SIGNIFICANT
VARIANCES
IN
COSTS
OR 
SCHEDULE.—If a likely cost overrun is greater than 
20 percent or a likely delay is greater than 12 months 
from the costs and schedule specified in the acquisi-
tion program baseline for a major acquisition pro-
gram, the Under Secretary for Management shall in-
clude in the notification required in paragraph (1) a 
written certification, with supporting explanation, 
that— 
‘‘(A) such program is essential to the ac-
complishment of the Department’s mission; 
‘‘(B) there are no alternatives to the capa-
bility or asset provided by such program that 
will provide equal or greater capability in both 
a more cost-effective and timely manner; 
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‘‘(C) the new acquisition schedule and esti-
mates for total acquisition cost are reasonable; 
and 
‘‘(D) the management structure for such 
program is adequate to manage and control cost, 
schedule, and performance. 
‘‘(c) CONGRESSIONAL HOMELAND SECURITY COMMIT-
TEES DEFINED.—In this section, the term ‘congressional 
homeland security committees’ means— 
‘‘(1) the Committee on Homeland Security of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate; and 
‘‘(2) the Committee on Appropriations of the 
House of Representatives and the Committee on Ap-
propriations of the Senate.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 837, 
as added by this Act, the following new item: 
‘‘Sec. 838. Congressional notification and other requirements for major acquisi-
tion program breach.’’. 
SEC. 232. MULTIYEAR ACQUISITION STRATEGY. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is 
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further amended by adding at the end the following new 
section: 
‘‘SEC. 839. MULTIYEAR ACQUISITION STRATEGY. 
‘‘(a) 
MULTIYEAR
ACQUISITION
STRATEGY
RE-
QUIRED.— 
‘‘(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this section, the Secretary 
shall submit to the appropriate congressional commit-
tees and the Comptroller General of the United States 
a multiyear acquisition strategy to guide the overall 
direction of the acquisitions of the Department while 
allowing flexibility to deal with ever-changing threats 
and risks, to keep pace with changes in technology 
that could impact deliverables, and to help industry 
better understand, plan, and align resources to meet 
the future acquisition needs of the Department. Such 
strategy shall be updated and included in each Future 
Years Homeland Security Program required under 
section 874. 
‘‘(2) FORM.—The strategy required under para-
graph (1) shall be submitted in unclassified form but 
may include a classified annex for any sensitive or 
classified information if necessary. The Secretary 
shall publish such strategy in an unclassified format 
that is publicly available. 
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‘‘(b) CONSULTATION.—In developing the strategy re-
quired under subsection (a), the Secretary shall, as the Sec-
retary determines appropriate, consult with headquarters, 
components, employees in the field, and individuals from 
industry and the academic community. 
‘‘(c) CONTENTS OF STRATEGY.—The strategy shall in-
clude the following: 
‘‘(1) PRIORITIZED LIST.—A systematic and inte-
grated prioritized list developed by the Under Sec-
retary for Management in coordination with all of the 
Component Acquisition Executives of Department 
major acquisition programs that Department and 
component acquisition investments seek to address, 
including the expected security and economic benefit 
of the program or system that is the subject of acqui-
sition and an analysis of how the security and eco-
nomic benefit derived from such program or system 
will be measured. 
‘‘(2) INVENTORY.—A plan to develop a reliable 
Department-wide inventory of investments and real 
property assets to help the Department— 
‘‘(A) plan, budget, schedule, and acquire up-
grades of its systems and equipment; and 
‘‘(B) plan for the acquisition and manage-
ment of future systems and equipment. 
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‘‘(3) FUNDING GAPS.—A plan to address funding 
gaps between funding requirements for major acquisi-
tion programs and known available resources, includ-
ing, to the maximum extent practicable, ways of 
leveraging best practices to identify and eliminate 
overpayment for items to— 
‘‘(A) prevent wasteful purchasing; 
‘‘(B) achieve the greatest level of efficiency 
and cost savings by rationalizing purchases; 
‘‘(C) align pricing for similar items; and 
‘‘(D) utilize purchase timing and economies 
of scale. 
‘‘(4) IDENTIFICATION
OF
CAPABILITIES.—An 
identification of test, evaluation, modeling, and sim-
ulation capabilities that will be required to— 
‘‘(A) support the acquisition of technologies 
to meet the needs of such strategy; 
‘‘(B) leverage to the greatest extent possible 
emerging technological trends and research and 
development trends within the public and pri-
vate sectors; and 
‘‘(C) identify ways to ensure that appro-
priate technology is acquired and integrated into 
the Department’s operating doctrine to improve 
mission performance. 
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‘‘(5) FOCUS ON FLEXIBLE SOLUTIONS.—An as-
sessment of ways the Department can improve its 
ability to test and acquire innovative solutions to 
allow needed incentives and protections for appro-
priate risk-taking in order to meet its acquisition 
needs with resiliency, agility, and responsiveness to 
assure homeland security and facilitate trade. 
‘‘(6) FOCUS ON INCENTIVES TO SAVE TAXPAYER 
DOLLARS.—An assessment of ways the Department 
can develop incentives for program managers and 
senior Department acquisition officials to— 
‘‘(A) prevent cost overruns; 
‘‘(B) avoid schedule delays; and 
‘‘(C) achieve cost savings in major acquisi-
tion programs. 
‘‘(7) FOCUS ON ADDRESSING DELAYS AND BID 
PROTESTS.—An assessment of ways the Department 
can improve the acquisition process to minimize cost 
overruns in— 
‘‘(A) requirements development; 
‘‘(B) procurement announcements; 
‘‘(C) requests for proposals; 
‘‘(D) evaluation of proposals; 
‘‘(E) protests of decisions and awards; and 
‘‘(F) the use of best practices. 
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‘‘(8) FOCUS
ON
IMPROVING
OUTREACH.—An 
identification and assessment of ways to increase op-
portunities for communication and collaboration with 
industry, small and disadvantaged businesses, intra- 
government entities, university centers of excellence, 
accredited certification and standards development 
organizations, and national laboratories to ensure 
that the Department understands the market for tech-
nologies, products, and innovation that is available to 
meet its mission needs and to inform the Depart-
ment’s requirements-setting process before engaging in 
an acquisition, including— 
‘‘(A) methods designed especially to engage 
small and disadvantaged businesses, a cost-ben-
efit analysis of the tradeoffs that small and dis-
advantaged businesses provide, information re-
lating to barriers to entry for small and dis-
advantaged businesses, and information relating 
to unique requirements for small and disadvan-
taged businesses; and 
‘‘(B) within the Department Vendor Com-
munication Plan and Market Research Guide, 
instructions for interaction by acquisition pro-
gram managers with such entities to— 
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‘‘(i) prevent misinterpretation of ac-
quisition regulations; and 
‘‘(ii) permit, within legal and ethical 
boundaries, interacting with such entities 
with transparency. 
‘‘(9) COMPETITION.—A plan regarding competi-
tion under subsection (d). 
‘‘(10) ACQUISITION
WORKFORCE.—A plan re-
garding the Department acquisition workforce under 
subsection (e). 
‘‘(d) COMPETITION
PLAN.—The strategy required 
under subsection (a) shall also include a plan to address 
actions to ensure competition, or the option of competition, 
for major acquisition programs. Such plan may include as-
sessments of the following measures in appropriate cases if 
such measures are cost effective: 
‘‘(1) Competitive prototyping. 
‘‘(2) Dual-sourcing. 
‘‘(3) Unbundling of contracts. 
‘‘(4) Funding of next-generation prototype sys-
tems or subsystems. 
‘‘(5) Use of modular, open architectures to enable 
competition for upgrades. 
‘‘(6) Acquisition of complete technical data pack-
ages. 
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‘‘(7) Periodic competitions for subsystem up-
grades. 
‘‘(8) Licensing of additional suppliers, including 
small businesses. 
‘‘(9) Periodic system or program reviews to ad-
dress long-term competitive effects of program deci-
sions. 
‘‘(e) ACQUISITION WORKFORCE PLAN.— 
‘‘(1) ACQUISITION
WORKFORCE.—The strategy 
required under subsection (a) shall also include a 
plan to address Department acquisition workforce ac-
countability and talent management that identifies 
the acquisition workforce needs of each component 
performing acquisition functions and develops options 
for filling such needs with qualified individuals, in-
cluding a cost-benefit analysis of contracting for ac-
quisition assistance. 
‘‘(2) ADDITIONAL MATTERS COVERED.—The ac-
quisition workforce plan under this subsection shall 
address ways to— 
‘‘(A) improve the recruitment, hiring, train-
ing, and retention of Department acquisition 
workforce personnel, including contracting offi-
cer’s representatives, in order to retain highly 
qualified individuals who have experience in the 
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acquisition life cycle, complex procurements, and 
management of large programs; 
‘‘(B) empower program managers to have 
the authority to manage their programs in an 
accountable and transparent manner as such 
managers work with the acquisition workforce; 
‘‘(C) prevent duplication within Depart-
ment acquisition workforce training and certifi-
cation requirements through leveraging already- 
existing training within the Federal Govern-
ment, academic community, or private industry; 
‘‘(D) achieve integration and consistency 
with Government-wide training and accredita-
tion standards, acquisition training tools, and 
training facilities; 
‘‘(E) designate the acquisition positions 
that will be necessary to support the Department 
acquisition requirements, including in the fields 
of— 
‘‘(i) program management; 
‘‘(ii) systems engineering; 
‘‘(iii) procurement, including con-
tracting; 
‘‘(iv) test and evaluation; 
‘‘(v) life cycle logistics; 
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‘‘(vi) cost estimating and program fi-
nancial management; and 
‘‘(vii) additional disciplines appro-
priate to Department mission needs; 
‘‘(F) strengthen the performance of con-
tracting officers’ representatives (as defined in 
subpart 1.602–2 and subpart 2.101 of the Fed-
eral Acquisition Regulation), including by— 
‘‘(i) assessing the extent to which such 
representatives are certified and receive 
training that is appropriate; 
‘‘(ii) assessing what training is most 
effective with respect to the type and com-
plexity of assignment; and 
‘‘(iii) implementing actions to improve 
training based on such assessments; and 
‘‘(G) identify ways to increase training for 
relevant investigators and auditors of the De-
partment to examine fraud in major acquisition 
programs, including identifying opportunities to 
leverage existing Government and private sector 
resources in coordination with the Inspector 
General of the Department.’’. 
(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 inserting after the item relating to section 838, 
as added by this Act, the following new item: 
‘‘Sec. 839. Multiyear acquisition strategy.’’. 
(c) GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 
OF MULTI-YEAR ACQUISITION STRATEGY.— 
(1) REVIEW.—After submission of the first 
multiyear acquisition strategy in accordance with 
section 839 of the Homeland Security Act of 2002, as 
added by subsection (a), after the date of the enact-
ment of this Act, the Comptroller General of the 
United States shall conduct a review of such plan 
within 180 days to analyze the viability of such 
plan’s effectiveness in the following: 
(A) Complying with the requirements of 
such section 839. 
(B) Establishing clear connections between 
Department of Homeland Security objectives and 
acquisition priorities. 
(C) Demonstrating that Department acqui-
sition policy reflects program management best 
practices and standards. 
(D) Ensuring competition or the option of 
competition for major acquisition programs. 
(E) Considering potential cost savings 
through using already-existing technologies when 
developing acquisition program requirements. 
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(F) Preventing duplication within Depart-
ment acquisition workforce training require-
ments through leveraging already-existing train-
ing within the Federal Government, academic 
community, or private industry. 
(G) Providing incentives for acquisition 
program managers to reduce acquisition and 
procurement costs through the use of best prac-
tices and disciplined program management. 
(2) DEFINITIONS.—The terms ‘‘acquisition’’, 
‘‘best practices’’, and ‘‘major acquisition programs’’ 
have the meaning given such terms in section 830 of 
the Homeland Security Act of 2002, as added by sec-
tion 201. 
(3) REPORT.—Not later than 180 days after the 
completion of the review required by subsection (a), 
the Comptroller General of the United States shall 
submit to the Committee on Homeland Security and 
the Committee on Appropriations of the House of 
Representatives and the Committee on Homeland Se-
curity and Governmental Affairs and the Committee 
on Appropriations of the Senate a report on the re-
view. Such report shall be submitted in unclassified 
form but may include a classified annex. 
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SEC. 233. ACQUISITION REPORTS. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is 
further amended by adding at the end the following new 
section: 
‘‘SEC. 840. ACQUISITION REPORTS. 
‘‘(a) COMPREHENSIVE
ACQUISITION
STATUS
RE-
PORT.— 
‘‘(1) IN
GENERAL.—At the same time as the 
President’s budget is submitted for a fiscal year under 
section 1105(a) of title 31, United States Code, the 
Under Secretary for Management shall submit to the 
congressional homeland security committees an an-
nual comprehensive acquisition status report. The re-
port shall include the following: 
‘‘(A) The information required under the 
heading ‘Office of the Under Secretary for Man-
agement’ under title I of division D of the Con-
solidated Appropriations Act, 2012 (Public Law 
112–74) (as required under the Department of 
Homeland Security Appropriations Act, 2013 
(Public Law 113–6)). 
‘‘(B) A listing of programs that have been 
cancelled, modified, paused, or referred to the 
Under Secretary for Management or Deputy Sec-
retary for additional oversight or action by the 
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Board, Department Office of Inspector General, 
or the Comptroller General. 
‘‘(C) A listing of established Executive 
Steering Committees, which provide governance 
of a program or related set of programs and 
lower-tiered oversight, and support between ac-
quisition decision events and component reviews, 
including the mission and membership for each. 
‘‘(2) INFORMATION
FOR
MAJOR
ACQUISITION 
PROGRAMS.—For each major acquisition program, the 
report shall include the following: 
‘‘(A) A narrative description, including cur-
rent gaps and shortfalls, the capabilities to be 
fielded, and the number of planned increments or 
units. 
‘‘(B) Acquisition Review Board (or other 
board designated to review the acquisition) sta-
tus of each acquisition, including the current ac-
quisition phase, the date of the last review, and 
a listing of the required documents that have 
been reviewed with the dates reviewed or ap-
proved. 
‘‘(C) The most current, approved acquisi-
tion program baseline (including project sched-
ules and events). 
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(d) SAFEGUARDS.—The Secretary of Homeland Secu-
rity shall incorporate into the date framework systems ca-
pabilities for auditing and ensuring the security of infor-
mation included in such framework. Such capabilities shall 
include the following: 
(1) Mechanisms for identifying insider threats. 
(2) Mechanisms for identifying security risks. 
(3) Safeguards for privacy, civil rights, and civil 
liberties. 
(e) DEADLINE FOR IMPLEMENTATION.—Not later than 
two years after the date of the enactment of this Act, the 
Secretary of Homeland Security shall ensure the data 
framework required under this section has the ability to in-
clude appropriate information in existence within the De-
partment of Homeland Security to meet its critical mission 
operations. 
(f) NOTICE TO CONGRESS.— 
(1) OPERATIONAL
NOTIFICATION.—Not 
later 
than 60 days after the date on which the data frame-
work required under this section is fully operational, 
the Secretary of Homeland Security shall provide no-
tice to the appropriate congressional committees of 
such. 
(2) REGULAR STATUS.—The Secretary shall sub-
mit to the appropriate congressional committees reg-
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‘‘(ii) Department personnel are de-
ployed to support fusion centers in the Na-
tional Network of Fusion Centers in a man-
ner consistent with the Department’s mis-
sion and existing statutory limits. 
‘‘(B) PERSONNEL
ASSIGNMENT.—Depart-
ment personnel referred to in subparagraph 
(A)(ii) may include the following: 
‘‘(i) Intelligence officers. 
‘‘(ii) Intelligence analysts. 
‘‘(iii) Other liaisons from components 
and offices of the Department, as appro-
priate. 
‘‘(C) MEMORANDA
OF
UNDERSTANDING.— 
The Under Secretary for Intelligence and Anal-
ysis shall negotiate memoranda of understanding 
between the Department and a State or local 
government, in coordination with the appro-
priate representatives from fusion centers in the 
National Network of Fusion Centers, regarding 
the exchange of information between the Depart-
ment and such fusion centers. Such memoranda 
shall include the following: 
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paragraph (5) an update on the status of such rec-
ommendation. 
‘‘(5) WEBSITE.—The Administrator shall main-
tain a public website that— 
‘‘(A) lists the members of the Advisory Com-
mittee; 
‘‘(B) provides the contact information for 
the Advisory Committee; and 
‘‘(C) information relating to meetings, min-
utes, annual reports, and the implementation of 
recommendations under this section. 
‘‘(f) NONAPPLICABILITY OF FACA.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply to the 
Advisory Committee or any subcommittee established under 
this section.’’. 
(b) ADVISORY COMMITTEE MEMBERS.— 
(1) VOTING MEMBERS.—Not later than 180 days 
after the date of the enactment of this Act, the Admin-
istrator of the Transportation Security Administra-
tion shall appoint the voting members of the Surface 
Transportation Security Advisory Committee estab-
lished under section 44947 of title 49, United States 
Code, as added by subsection (a) of this section. 
(2) NONVOTING MEMBERS.—Not later than 90 
days after the date of the enactment of this Act, each 
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ing terrorist attack scenarios, including complex, co-
ordinated terrorist attacks and active shooters, as de-
termined by the Secretary, against major metropoli-
tan areas. 
‘‘(2) INFORMATION.—In establishing the program 
pursuant to paragraph (1), the Secretary shall pro-
vide to eligible applicants— 
‘‘(A) information, in an unclassified for-
mat, on emerging terrorist attack scenarios, in-
cluding complex, coordinated terrorist attacks 
and active shooters, which grants under such 
program are intended to address; and 
‘‘(B) information on training and exercises 
best practices. 
‘‘(b) ELIGIBLE APPLICANTS.— 
‘‘(1) IN GENERAL.—Jurisdictions that receive, or 
that previously received, funding under section 2003 
may apply for a grant under the program established 
pursuant to subsection (a). 
‘‘(2) ADDITIONAL JURISDICTIONS.—Eligible ap-
plicants receiving funding under the program estab-
lished pursuant to subsection (a) may include in ac-
tivities funded by such program neighboring jurisdic-
tions that would be likely to provide mutual aid in 
response to emerging terrorist attack scenarios, in-
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