‘‘(F) The Office of the General Counsel. 
‘‘(G) The Office of the Chief Privacy Offi-
cer. 
‘‘(H) The Office for Civil Rights and Civil 
Liberties. 
‘‘(I) The Office of Operations Coordina-
tion. 
‘‘(J) The Office of Intelligence and Anal-
ysis. 
‘‘(K) The Office of Legislative Affairs. 
‘‘(L) The Office of Public Affairs. 
‘‘(M) The Office of the Inspector General. 
‘‘(N) The Office of the Citizenship and Im-
migration Services Ombudsman. 
‘‘(O) The Office of Partnership and En-
gagement. 
‘‘(2) 
FUNCTIONS.—The 
Secretary, 
acting 
through the appropriate official of the Headquarters, 
shall— 
‘‘(A) establish an overall strategy to suc-
cessfully further the mission of the Department; 
‘‘(B) establish initiatives that improve De-
partment-wide operational performance; 
‘‘(C) establish mechanisms to—
‘‘(i) ensure that components of the 
Department comply with Department poli-
cies and fully implement the strategies and 
initiatives of the Secretary; and 
‘‘(ii) require the head of each compo-
nent of the Department and component 
chief officers to comply with such policies 
and implement such strategies and initia-
tives; 
‘‘(D) establish annual operational and 
management objectives to evaluate the perform-
ance of the Department; 
‘‘(E) ensure that the Department success-
fully meets operational and management per-
formance objectives through conducting over-
sight of component agencies; 
‘‘(F) ensure that the strategies, priorities, 
investments, and workforce of Department com-
ponents align with Department objectives; 
‘‘(G) establish and implement policies re-
lated to Department ethics and compliance 
standards; 
‘‘(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. 1103. REPEAL OF DIRECTOR OF SHARED SERVICES 
AND OFFICE OF COUNTERNARCOTICS EN-
FORCEMENT OF DEPARTMENT OF HOME-
LAND SECURITY. 
(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 Home-
land 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 
striking the item relating to section 475. 
(b) ABOLISHMENT OF THE OFFICE OF COUNTER-
NARCOTICS ENFORCEMENT.—
(1) ABOLISHMENT.—The Office of Counter-
narcotics Enforcement is abolished. 
(2) CONFORMING AMENDMENTS.—The Home-
land Security Act of 2002 is amended— 
(A) 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 
striking the item relating to section 878. 
SEC. 1104. RESPONSIBILITIES AND FUNCTIONS OF CHIEF 
PRIVACY OFFICER. 
(a) IN GENERAL.—Section 222 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 142) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by inserting ‘‘to be the Chief Pri-
vacy Officer of the Department,’’ after ‘‘in 
the Department,’’; and
(ii) by striking ‘‘to 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 
following 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 
activities 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
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 proc-
essing of requests for information under section 552 
of title 5, United States Code, within Department 
Headquarters 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 
controls, 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 num-
ber of such programs that the Chief Privacy Of-
ficer has evaluated to ensure that privacy pro-
tections are considered and implemented, the 
number of such programs that effectively imple-
mented privacy protections into new technology 
programs, and an explanation of why any new 
programs did not effectively implement privacy 
protections; 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. 1105. RESPONSIBILITIES OF CHIEF FINANCIAL OFFI-
CER. 
(a) IN GENERAL.—Section 702 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 342) is amended— 
(1) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(2) by inserting after subsection (a) the fol-
lowing new subsection (b): 
‘‘(b) RESPONSIBILITIES.—In carrying out the re-
sponsibilities, authorities, and functions specified in sec-
tion 902 of title 31, United States Code, the Chief Finan-
cial Officer 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, 
Policy, 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 
internal controls over financial reporting systems 
and processes throughout the Department; 
‘‘(6) provide guidance for and over financial 
system modernization efforts throughout the Depart-
ment; 
‘‘(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 esti-
mates and are affordable, or can be adequately fund-
ed, 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 
Department for conferences, as appropriate, includ-
ing by requiring each component to—
‘‘(A) report to the Inspector General of the 
Department the expenditures by such compo-
nent for each conference hosted or attended by 
Department employees for which the total ex-
penditures of the Department exceed $20,000, 
within 15 days after the date of the conference; 
and 
‘‘(B) with respect to such expenditures, 
provide to the Inspector General— 
‘‘(i) the information described in sub-
sections (a), (b), and (c) of section 739 of 
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.’’. 
(b) RULE
OF
CONSTRUCTION.—Nothing in the 
amendment made by this section may be construed as al-
tering or amending the responsibilities, authorities, and 
functions of the Chief Financial Officer of the Department 
of Homeland Security under section 902 of title 31, 
United States Code. 
SEC. 1106. CHIEF INFORMATION OFFICER. 
(a) IN GENERAL.—Section 703 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 343) is amended—
(1) in subsection (a), by adding at the end the 
following 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 
functions as may be assigned by the Secretary.’’; 
(2) by redesignating subsection (b) as sub-
section (d); and 
(3) by inserting after subsection (a) the fol-
lowing 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 
technical authority for information technology programs 
of the Department and Department components, and 
shall— 
‘‘(1) advise and assist the Secretary, heads of 
the components of the Department, and other senior 
officers in carrying out the responsibilities of the 
Department for all activities relating to the budgets, 
programs, security, and operations of the informa-
tion technology functions of the Department; 
‘‘(2) to the extent delegated by the Secretary, 
exercise leadership and authority over Department 
information technology management and establish
the information technology priorities, policies, proc-
esses, standards, guidelines, and procedures of the 
Department to ensure interoperability and standard-
ization of information technology; 
‘‘(3) maintain a consolidated inventory of the 
mission critical and mission essential information 
systems of the Department, and develop and main-
tain contingency plans for responding to a disrup-
tion in the operation of any of those information sys-
tems; 
‘‘(4) maintain the security, visibility, reliability, 
integrity, and availability of data and information 
technology of the Department; 
‘‘(5) establish and implement policies and pro-
cedures 
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 
information 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 Representatives and the Committee on Home-
land Security and Governmental Affairs and the Com-
mittee on Appropriations of the Senate on the extent to 
which— 
‘‘(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 
Information Officer of the Department of Homeland 
Security, in consultation with Department compo-
nent chief information officers, shall— 
(A) conduct a Department-wide inventory 
of all existing software licenses held by the De-
partment, including utilized and unutilized li-
censes; 
(B) assess the needs of the Department 
and the components of the Department for soft-
ware licenses for the subsequent 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 software licenses for the subsequent two fis-
cal 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 Com-
mittee on Homeland Security of the House of 
Representatives and the Committee on Home-
land Security 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 Depart-
ment 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 Secretary of Homeland Security shall establish a 
plan for reducing the number of such software li-
censes 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 addi-
tional 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 
Information Officer fulfilled all requirements established 
in this section and the amendment made by this section. 
(d) COMPLETION OF FIRST DEFINITION OF CAPA-
BILITIES.—Not later than one year after the date of the 
enactment of this Act, the Chief Information Officer shall 
complete the first information technology strategic plan 
required under subsection (c) of section 701 of the Home-
land Security Act of 2002, as added by subsection (a) of 
this section.
SEC. 1107. QUADRENNIAL HOMELAND SECURITY REVIEW. 
(a) IN GENERAL.—Section 707 of the Homeland Se-
curity 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 ad-
visory committees established pursuant to sec-
tion 871, including the Homeland Security Ad-
visory Council and the Homeland Security 
Science and Technology Advisory Committee, or 
otherwise established, including the Aviation 
Security Advisory Committee established pursu-
ant 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 the risk assessment required pursuant to 
subsection (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, waste-
ful, or unnecessary capabilities and capac-
ities that can be redirected to better sup-
port other existing capabilities and capac-
ities, 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)— 
(A) in paragraph (1), by striking ‘‘Decem-
ber 31 of the year’’ and inserting ‘‘60 days 
after the date of the submittal of the Presi-
dent’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 insert-
ing ‘‘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’’;
(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 
following new paragraph (3): 
‘‘(3) DOCUMENTATION.—The Secretary shall 
retain the following documentation regarding the 
quadrennial homeland security review: 
‘‘(A) Records regarding the consultation 
carried out the pursuant to subsection (a)(3), 
including— 
‘‘(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
‘‘(ii) information on how feedback re-
ceived by the Secretary informed the quad-
rennial homeland security review. 
‘‘(B) Information regarding the risk as-
sessment, 
as 
required 
under 
subsection 
(c)(2)(B), including— 
‘‘(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, 
together with information on the rationale 
or basis thereof.’’; and 
(4) by redesignating subsection (d) as sub-
section (e); and 
(5) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) REVIEW.—Not later than 90 days after the sub-
mission of each report required under subsection (c)(1),
the Secretary shall provide to the Committee on Homeland 
Security of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate information on the degree to which the find-
ings and recommendations developed in the quadrennial 
homeland security review covered by the report were inte-
grated into the acquisition strategy and expenditure plans 
for the Department.’’. 
(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. 1108. OFFICE OF STRATEGY, POLICY, AND PLANS. 
(a) IN GENERAL.—Section 708 of the Homeland Se-
curity Act of 2002 (as redesignated pursuant to section 
1705(g) of this Act; relating to the Office of Strategy, Pol-
icy, and Plans of the Department of Homeland Security) 
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 International Affairs. 
‘‘(2) The Office of Cyber, Infrastructure, and 
Resilience Policy.
‘‘(3) The Office of Strategy, Planning, Analysis, 
and Risk. 
‘‘(4) The Office of Threat Prevention and Secu-
rity Policy. 
‘‘(5) 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 fol-
lowing new subsection: 
‘‘(e) ASSISTANT SECRETARY FOR INTERNATIONAL 
AFFAIRS.—The Office of International Affairs shall be led 
by an Assistant Secretary for International Affairs ap-
pointed by the Secretary. The Assistant Secretary shall— 
‘‘(1) coordinate international activities within 
the Department, including activities carried out by 
the components of the Department, in consultation 
with other Federal officials with responsibility for 
counterterrorism and homeland security matters; 
‘‘(2) advise, inform, and assist the Secretary 
with respect to the development and implementation 
of the policy priorities of the Department, including 
strategic priorities for the deployment of assets, in-
cluding personnel, outside the United States;
‘‘(3) develop, in consultation with the Under 
Secretary for Management, guidance for selecting, 
assigning, training, and monitoring overseas deploy-
ments of Department personnel, including minimum 
standards for pre-deployment training; 
‘‘(4) maintain awareness regarding the inter-
national travel of senior officers of the Department 
and their intent to pursue negotiations with foreign 
government officials, and review resulting draft 
agreements; and 
‘‘(5) perform such other functions as are estab-
lished by law or delegated by the Under Secretary 
for Policy.’’. 
(b) ABOLISHMENT OF OFFICE OF INTERNATIONAL 
AFFAIRS.— 
(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 
office 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 International Affairs provided for by
section 708 of the Homeland Security Act of 2002, 
as amended by this section. 
(3) CONFORMING
AMENDMENT.—The Home-
land 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 
striking the item relating to section 879. 
(c) CONFORMING AMENDMENTS RELATING TO AS-
SISTANT SECRETARIES.—Subsection (a) of section 103 of 
the Homeland Security Act of 2002 (6 U.S.C. 113) is 
amended— 
(1) in the subsection heading, by inserting ‘‘; 
ASSISTANT SECRETARIES AND OTHER OFFICERS’’ 
after ‘‘UNDER SECRETARIES’’; 
(2) in paragraph (1), by amending subpara-
graph (I) to read as follows: 
‘‘(I) An Administrator of the Transpor-
tation Security Administration.’’; 
(3) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) ASSISTANT SECRETARIES.—The following 
Assistant Secretaries shall be appointed by the 
President or the Secretary, as the case may be, with-
out the advice and consent of the Senate:
‘‘(A) PRESIDENTIAL APPOINTMENTS.—The 
Department shall have the following Assistant 
Secretaries appointed by the President: 
‘‘(i) The Assistant Secretary, Infra-
structure Protection. 
‘‘(ii) The Assistant Secretary for Pub-
lic Affairs. 
‘‘(iii) The Assistant Secretary for 
Legislative Affairs. 
‘‘(B) SECRETARIAL APPOINTMENTS.—The 
Department shall have the following Assistant 
Secretaries appointed by the Secretary: 
‘‘(i) The Principal Assistant Secretary 
for External Affairs. 
‘‘(ii) The Assistant Secretary, Office 
of Cybersecurity and Communications. 
‘‘(iii) The Assistant Secretary for 
International Affairs. 
‘‘(iv) The Assistant Secretary for 
Partnership and Engagement. 
‘‘(v) The Assistant Secretary for 
Threat Prevention and Security Policy. 
‘‘(vi) The Assistant Secretary for Bor-
der, Immigration, and Trade Policy.
‘‘(vii) The Assistant Secretary for 
Cyber, Infrastructure, and Resilience Pol-
icy. 
‘‘(viii) The Assistant Secretary for 
Strategy, Planning, Analysis, and Risk. 
‘‘(ix) The Assistant Secretary for 
State and Local Law Enforcement.’’; and 
(4) by adding at the end the following new 
paragraphs: 
‘‘(3) ASSISTANT SECRETARY FOR LEGISLATIVE 
AFFAIRS.—The Assistant Secretary for Legislative 
Affairs shall oversee one internal reporting structure 
for engaging with authorizing and appropriating 
congressional committees. 
‘‘(4) LIMITATION
ON
CREATION
OF
POSI-
TIONS.—No Assistant Secretary position may be cre-
ated in addition to the positions provided for by this 
section unless such position is authorized by a stat-
ute enacted after the date of the enactment of the 
Department of Homeland Security Authorization 
Act for Fiscal Years 2018 and 2019.’’. 
(d) HOMELAND SECURITY ADVISORY COUNCIL.— 
Subsection (b) of section 102 of the Homeland Security 
Act of 2002 (6 U.S.C. 112) is amended—
(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 
paragraph: 
‘‘(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.’’. 
(e) PROHIBITION ON NEW OFFICES.—No new office 
may be created to perform functions transferred by this 
section, other than as provided in section 709 of the 
Homeland Security Act of 2002, as amended by this Act. 
(f) 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 
Security Act of 2002 (6 U.S.C. 101). 
(g) DUPLICATION REVIEW.— 
(1) REVIEW
REQUIRED.—Not later than one 
year after the date of the enactment of this Act, the 
Secretary of Homeland Security shall complete a re-
view of the functions and responsibilities of each De-
partment of Homeland Security component respon-
sible for international affairs to identify and elimi-
nate areas of unnecessary duplication. 
(2) SUBMISSION 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 Sec-
retary shall submit to the congressional homeland 
security committees an action plan, including correc-
tive steps and an estimated date of completion, to 
address areas of duplication, fragmentation, and 
overlap and opportunities for cost savings and rev-
enue enhancement, as identified by the Government 
Accountability Office based on the annual report of 
the Government Accountability Office entitled ‘‘Ad-
ditional Opportunities to Reduce Fragmentation, 
Overlap, and Duplication and Achieve Other Finan-
cial Benefits’’.
SEC. 1109. OFFICE OF EXTERNAL AFFAIRS. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 709. OFFICE OF EXTERNAL AFFAIRS. 
‘‘(a) IN GENERAL.—There is established in the De-
partment an Office of External Affairs. 
‘‘(b) HEAD OF THE OFFICE.—The Office of External 
Affairs shall be headed by a Principal Assistant Secretary 
for External Affairs, who shall be appointed by the Sec-
retary. The Principal Assistant Secretary shall report to 
the Secretary. 
‘‘(c) COMPOSITION.—The Office of External Affairs 
shall include the following components: 
‘‘(1) The Office of Legislative Affairs, led by 
the Assistant Secretary for Legislative Affairs who 
shall report to the Principal Assistant Secretary for 
External Affairs. 
‘‘(2) The Office of Public Affairs, led by the As-
sistant Secretary for Public Affairs who shall report 
to the Principal Assistant Secretary for External Af-
fairs. 
‘‘(3) The Office of Partnership and Engage-
ment, led by the Assistant Secretary for Partnership 
and Engagement who shall report to the Principal 
Assistant Secretary for External Affairs.
‘‘(d) ASSISTANT SECRETARY FOR PARTNERSHIP AND 
ENGAGEMENT.—The Assistant Secretary for Partnership 
and Engagement shall be appointed by the Secretary and 
shall— 
‘‘(1) lead the efforts of the Department to in-
corporate external feedback from stakeholders into 
policy and strategic planning efforts, as appropriate, 
in consultation with the Office for Civil Rights and 
Civil Liberties; 
‘‘(2) conduct the activities specified in section 
2006(b); 
‘‘(3) 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 sec-
tor to enhance the primary mission of the Depart-
ment to protect the homeland; 
‘‘(4) coordinate the activities of the Department 
relating to State and local government; 
‘‘(5) provide State and local governments with 
regular information, research, and technical support 
to assist local efforts at securing the homeland; and 
‘‘(6) perform such other functions as are estab-
lished by law or delegated by the Secretary.’’.
(b) TRANSFER OF FUNCTIONS, ASSETS, AND PER-
SONNEL OF OFFICE FOR STATE AND LOCAL LAW EN-
FORCEMENT.—The functions authorized to be performed 
by the Office for State and Local Law Enforcement of 
the Department 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 Office of Partnership and Engagement under sec-
tion 709 of the Homeland Security Act of 2002, as added 
by this section. 
(c) ABOLISHMENT
OF OFFICE
FOR STATE
AND 
LOCAL GOVERNMENT COORDINATION.— 
(1) IN
GENERAL.—The Office for State and 
Local Government Coordination of the Department 
of Homeland Security is abolished. 
(2) TRANSFER OF FUNCTIONS AND ASSETS.— 
The functions authorized to be performed by such 
Office for State and Local Government Coordination 
immediately on the day before the date of the enact-
ment of this Act, and the assets and personnel asso-
ciated with such functions, are transferred to the Of-
fice of Partnership and Engagement under section 
709 of the Homeland Security Act of 2002, as 
added by this section.
(3) CONFORMING
AMENDMENT.—The Home-
land 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 
striking the item relating to section 801. 
(d) 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 
effect on the day before the date of the enactment 
of this Act, is abolished. 
(2) TRANSFER OF FUNCTIONS AND ASSETS.— 
The functions authorized to be performed by such 
Special Assistant to the Secretary immediately be-
fore the enactment of this Act, and the assets and 
personnel associated with such functions, are trans-
ferred to the Office of Partnership and Engagement 
under section 709 of the Homeland Security Act of 
2002, as added 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).
(e) 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 
708 (as redesignated pursuant to section 1705(o) of this 
Act) the following new item: 
‘‘Sec. 709. Office of External Affairs.’’. 
SEC. 1110. CHIEF PROCUREMENT OFFICER. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.), as amended by 
this Act, is further amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 710. CHIEF PROCUREMENT OFFICER. 
‘‘(a) IN GENERAL.—There is in the Department a 
Chief Procurement Officer, who shall serve as a senior 
business advisor to agency officials on procurement-re-
lated matters and report directly to the Under Secretary 
for Management. The Chief Procurement Officer is the 
senior procurement executive for purposes of subsection 
(c) of section 1702 of title 41, United States Code, and 
shall perform procurement functions as specified in such 
subsection. 
‘‘(b) RESPONSIBILITIES.—The Chief Procurement 
Officer shall— 
‘‘(1) delegate or retain contracting authority, as 
appropriate;
‘‘(2) issue procurement policies and oversee the 
heads of contracting activity of the Department to 
ensure compliance with those policies; 
‘‘(3) serve as the main liaison of the Depart-
ment to industry on procurement-related issues; 
‘‘(4) account for the integrity, performance, and 
oversight of Department procurement and con-
tracting functions; 
‘‘(5) ensure that procurement contracting strat-
egies and plans are consistent with the intent and 
direction of the Acquisition Review Board; 
‘‘(6) oversee a centralized acquisition workforce 
certification and training program using, as appro-
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 
Department; 
‘‘(8) collect baseline data and use such data to 
establish performance measures on the impact of 
strategic sourcing initiatives on the private sector, 
including small businesses;
‘‘(9) establish and implement policies and pro-
cedures 
to 
effectively 
monitor 
and 
manage 
vulnerabilities in the supply chain for all Depart-
ment purchases; 
‘‘(10) ensure that a fair proportion of the value 
of Federal contracts and subcontracts are awarded 
to small businesses (in accordance with the procure-
ment contract goals under section 15(g) of the Small 
Business Act (15 U.S.C. 644(g)), maximize opportu-
nities for small business participation in such con-
tracts, and ensure, to the extent practicable, small 
businesses that achieve qualified vendor status for 
security-related technologies are provided an oppor-
tunity to compete for contracts for such technology; 
‘‘(11) conduct oversight of implementation of 
administrative agreements to resolve suspension or 
debarment proceedings; 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, manage-
ment, and oversight of a team of procurement profes-
sionals properly trained, certified, and warranted to ac-
complish the acquisition of products and services on behalf 
of the designated components, offices, and organizations 
of the Department, and as authorized, other government 
entities.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by this Act, is further amended by inserting after 
the item relating to section 709 the following new item: 
‘‘Sec. 710. Chief Procurement Officer.’’. 
SEC. 1111. CHIEF SECURITY OFFICER. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.) is further amended 
by 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 poli-
cies, 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 compo-
nents 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. 1112. OFFICE OF INSPECTOR GENERAL. 
(a) SENSE OF CONGRESS.— 
(1) FINDINGS.—Congress finds the following: 
(A) The Inspector General Act of 1978 
mandates that Inspectors General are to con-
duct audits and investigations relating to the 
programs and operations of Federal depart-
ments to promote economy, efficiency, and ef-
fectiveness 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 pro-
vide a means for keeping Federal departments 
and the Congress fully and currently informed 
about problems and deficiencies relating to the 
administration of such programs and operations 
and the necessity for and progress of corrective 
action.
(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. 
(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 
agency. 
(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 
of all allegations of misconduct with respect to which the 
Inspector General has investigative authority under the 
Inspector General Act of 1978. The Inspector General 
may waive the notification requirement under this sub-
section with respect to any category or subset of allega-
tions of misconduct. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion 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. 1113. OFFICE FOR CIVIL RIGHTS AND CIVIL LIB-
ERTIES. 
(a) IN GENERAL.—Section 705 of the Homeland Se-
curity 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 sub-
section (c); and 
(3) by inserting after subsection (a) the fol-
lowing 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 
support the Officer in the following: 
‘‘(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 complaints and information 
indicating possible abuses of civil rights or civil lib-
erties, unless the Inspector General of the Depart-
ment determines that any such complaint or infor-
mation should be investigated by the Inspector Gen-
eral.
‘‘(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 Of-
ficer.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $22,571,000 for each of fis-
cal years 2018 and 2019 to carry out section 705 of the 
Homeland Security Act of 2002, as amended by subsection 
(a) of this section. 
SEC. 1114. 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— 
(1) by striking ‘‘(a) ESTABLISHMENT.—’’; 
(2) by redesignating paragraphs (1) through 
(5) as subsections (a) through (e), respectively, and 
adjusting 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 inte-
gration 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 De-
partment;’’; 
(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 through-
out 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 adjust-
ing 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 fol-
lowing new subsection: 
‘‘(d) ADMINISTRATIVE MATTERS.—In carrying out 
the Rotation Program the Secretary shall— 
‘‘(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 partici-
pation in the Rotation Program, including full-time 
employment within the employing component or of-
fice not less than one year, and the general provi-
sions 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 
Secretary’s designee, solely on the basis of rel-
ative ability, knowledge, and skills, after fair 
and open competition that assures that all can-
didates receive 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 em-
ployee prior to the participation of the employee in 
the Rotation Program; 
‘‘(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 Ro-
tation Program; and
‘‘(5) require that, during the period of partici-
pation 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 em-
ployee is placed during that period; and 
‘‘(B) shall be provided the same weight 
with respect to promotions and other rewards 
as performance evaluations for service in the of-
fice 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-
gram as part of the Rotation Program under sub-
section (a). 
‘‘(2) ADMINISTRATION.—The Chief Human 
Capital Officer, in conjunction with the Chief Intel-
ligence Officer, shall administer the Intelligence Ro-
tational Assignment Program established pursuant 
to paragraph (1). 
‘‘(3) ELIGIBLITY.—The Intelligence Rotational 
Assignment Program established pursuant to para-
graph (1) shall be open to employees serving in ex-
isting analyst positions within the Department’s In-
telligence Enterprise and other Department employ-
ees as determined appropriate by the Chief Human 
Capital Officer and the Chief Intelligence Officer. 
‘‘(4) 
COORDINATION.—The 
responsibilities 
specified in subsection (c)(2) that apply to the Rota-
tion Program under such subsection shall, as appli-
cable, also apply to the Intelligence Rotational As-
signment Program under this subsection.’’. 
(b) CONGRESSIONAL
NOTIFICATION
AND
OVER-
SIGHT.—Not later than 120 days after the date of the en-
actment of this Act, the Secretary of Homeland Security 
shall provide to the Committee on Homeland Security and 
the Permanent Select Committee on Intelligence of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate in-
formation about the status of the Homeland Security Ro-
tation Program authorized by section 844 of the Home-
land Security Act of 2002, as amended by subsection (a) 
of this section.
SEC. 1115. FUTURE YEARS HOMELAND SECURITY PRO-
GRAM. 
(a) IN GENERAL.—Section 874 of the Homeland Se-
curity 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 Homeland Security and Governmental Affairs of the 
Senate and the Committee on Homeland Security of the 
House of Representatives (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: 
‘‘(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 suc-
ceeding fiscal years, with specified estimates for each 
fiscal year, for all major acquisitions by the Depart-
ment 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 Home-
land Security Program a classified or other appropriately 
controlled document containing any information required 
to be submitted under this section that is restricted from 
public disclosure in accordance with Federal law or any 
Executive order. 
‘‘(e) AVAILABILITY OF INFORMATION TO THE PUB-
LIC.—The Secretary shall make available to the public in 
electronic form the information required to be submitted 
to the appropriate committees under this section, other 
than information described in subsection (d).’’. 
(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. 1116. FIELD EFFICIENCIES PLAN. 
(1) IN
GENERAL.—Not later than 270 days 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall submit to the 
Committee on Homeland Security and the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and Committee on Home-
land Security and Governmental Affairs of the Sen-
ate 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. 
(2) CONTENTS.—The field efficiencies plan sub-
mitted under paragraph (1) shall include the fol-
lowing: 
(A) An accounting of leases held by the 
Department or its components that have ex-
pired in the current fiscal year or will be expir-
ing in the next fiscal year, that have begun or
been renewed in the current fiscal year, or that 
the Department 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 enti-
ties of components, of the Department may 
be closed or consolidated, including consid-
eration 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; 
(V) ports, shore facilities, and 
airfields; 
(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—
ernmental Affairs of the Senate, together with the annual 
budget request for the Department, information on— 
‘‘(1) any circumstance during the year covered 
by the report in which the Secretary exercised the 
authority to reprogram or transfer funds to address 
unforeseen costs, including costs associated with 
operational surges; and 
‘‘(2) any circumstance in which any limitation 
on the transfer or reprogramming of funds affected 
the ability of the Secretary to address such unfore-
seen 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 trans-
fers of funds to respond to operational surges.’’. 
SEC. 1118. 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 Home-
land 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 
geographic 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. 
(b) FORM OF REPORT.—The report required under 
subsection (a) shall be submitted in unclassified form but 
may include a classified annex. 
SEC. 1119. 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 Tech-
nology 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 pro-
posed organizational structure for the efficient and 
effective management of such research and develop-
ment activities. 
(2) 
ORGANIZATIONAL
JUSTIFICATION.—The 
proposed organizational structure for the manage-
ment of the Department of Homeland Security’s re-
search and development activities included in the as-
sessment required under paragraph (1) shall include 
the following: 
(A) A discussion of the methodology for 
determining 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, includ-
ing a description of the effects on specific direc-
torates and offices based on any proposed relo-
cation of their activities. 
(C) Information relating to how such pro-
posed organizational structure will facilitate and 
promote enhanced coordination and better col-
laboration between the research and develop-
ment activities of the Department and the of-
fices and components of the Department, in-
cluding 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. 
(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 EX-
PLOSIVES ACTIVITIES.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall— 
(A) assess the organization and manage-
ment of the Department of Homeland Secu-
rity’s chemical, biological, radiological, nuclear, 
and explosives activities, including the activities 
of the Office of Health Affairs, the Domestic 
Nuclear Detection Office, and the Office for 
Bombing Prevention; and 
(B) by not later than six months after the 
date of the enactment of this Act, 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 a proposed 
organizational structure to ensure enhanced co-
ordination, effectiveness, and efficiency by pro-
viding strengthened chemical, biological, radio-
logical, nuclear, and explosives capabilities in 
support of homeland security.
(2) 
ORGANIZATIONAL
JUSTIFICATION.—The 
proposed organizational structure for the manage-
ment of the Department of Homeland Security’s 
chemical, biological, radiological, nuclear, and explo-
sives activities included in the assessment required 
under paragraph (1) shall include the following: 
(A) A discussion of the methodology for 
determining such proposed organizational struc-
ture. 
(B) A comprehensive inventory of chem-
ical, biological, radiological, nuclear, and explo-
sives activities of the Department, and the pro-
posed location of each activity under such pro-
posed organizational 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 orga-
nizational structure will address such chal-
lenges.
(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-
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 organiza-
tional justifications 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 Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate a 
review of the organizational justifications. The review shall 
consider how the proposed organizational realignment, or 
lack thereof, of research and development activities and 
chemical, biological, radiological, nuclear, and explosives 
activities will improve or impede the Department’s ongo-
ing efforts is such mission areas, including an assessment 
of—
(1) any potential cost savings or additional 
costs incurred as a result of any proposed organiza-
tional 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 
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 
proposed realignment will address such deficiencies; 
(5) the extent to which the Department solic-
ited and incorporated the feedback of its workforce 
in the proposed organizational structure; and 
(6) the extent to which the Department con-
ducted and incorporated stakeholder outreach in de-
veloping the proposed organizational structure. 
SEC. 1120. 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 re-
designated by section 410 of this Act, is amended by in-
serting ‘‘, including feedback from organizations rep-
resenting the needs of children,’’ after ‘‘stakeholder feed-
back’’. 
Subtitle B—Human Resources and 
Other Matters 
SEC. 1131. CHIEF HUMAN CAPITAL OFFICER RESPONSIBIL-
ITIES. 
Section 704 of the Homeland Security Act of 2002 
(6 U.S.C. 344) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) by 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 em-
ployee feedback,’’ after ‘‘policies’’; 
(D) in paragraph (4), by inserting ‘‘includ-
ing leader development and employee engage-
ment 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 
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 
following 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, 
interagency development programs, and other rota-
tional 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 fol-
lowing new subsection: 
‘‘(d) CHIEF LEARNING
AND ENGAGEMENT OFFI-
CER.—The Chief Human Capital Officer may designate 
an employee of the Department to serve as a Chief Learn-
ing and Engagement Officer to assist the Chief Human 
Capital Officer 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 
following 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 Depart-
ment-wide strategic workforce planning efforts as 
determined under paragraph (2) of subsection (b); 
‘‘(4) information on the activities of the steer-
ing committee established pursuant to section 
710(a), including the number of meeting, types of 
materials developed and distributed, and rec-
ommendations made to the Secretary;’’. 
SEC. 1132. EMPLOYEE ENGAGEMENT STEERING COM-
MITTEE AND ACTION PLAN. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity 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 organizations 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 im-
pact on employee engagement, morale, and commu-
nications within the Department, such as percep-
tions about limitations on career progression, mobil-
ity, or development opportunities, collected through 
employee feedback platforms, including through an-
nual employee surveys, questionnaires, and other 
communications, as appropriate. 
‘‘(2) Identify, develop, and distribute initiatives 
and best practices to improve employee engagement, 
morale, and communications within the Department, 
including through annual employee surveys, ques-
tionnaires, and other communications, as appro-
priate. 
‘‘(3) Monitor efforts of each component to ad-
dress employee engagement, morale, and commu-
nications based on employee feedback provided 
through annual employee surveys, questionnaires, 
and other communications, 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 
employee engagement, morale, and communications. 
‘‘(b) ACTION PLAN; REPORTING.—The Secretary, 
acting through the Chief Human Capital Officer, shall— 
‘‘(1) not later than 120 days after the date of 
the establishment of the steering committee under 
subsection (a), issue a Department-wide employee 
engagement action plan, reflecting input from the 
employee engagement steering committee established 
pursuant to subsection (a) and employee feedback 
provided through annual employee surveys, question-
naires, and other communications in accordance with 
paragraph (1) of such subsection, to execute strate-
gies to improve employee engagement, morale, and 
communications 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 pro-
vided through annual employee surveys, ques-
tionnaires, 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.’’. 
(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
ENGAGE-
MENT 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 Secu-
rity of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs 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 subsection (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 
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 
component-specific employee engagement plan of 
each 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. 1133. ANNUAL EMPLOYEE AWARD PROGRAM. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.), as amended by 
this Act, is further amended by adding at the end the fol-
lowing 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 
missions. If such a program is established, the Secretary 
shall— 
‘‘(1) establish within such program categories 
of awards, each with specific criteria, that empha-
sizes honoring employees who are at the non-super-
visory level; 
‘‘(2) publicize within the Department how any 
employee or group of employees may be nominated 
for an award; 
‘‘(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 
specific 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 re-
view board described in subsection (a)(3) shall, when car-
rying out its function under such subsection, consult with
representatives from operational components and head-
quarters, including supervisory and non-supervisory per-
sonnel, 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.’’. 
(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. 1134. 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 equitable 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 whether the application of discipline and ad-
verse actions are administered in an equitable and con-
sistent manner that results in the same or substantially 
similar disciplinary outcomes across the Department for 
misconduct by a non-supervisory or supervisor employee 
who engaged in the same or substantially similar mis-
conduct. 
(b) CONSULTATION.—In carrying out the investiga-
tion described in subsection (a), the Comptroller General 
of the United States shall consult with the employee en-
gagement steering committee established pursuant to sub-
section (b)(1) of section 714 of the Homeland Security 
Act of 2002 (as added by 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 en-
gagement steering committee established pursuant to sub-
section (b)(1) of section 714 of the Homeland Security 
Act of 2002, to correct any relevant deficiencies identified 
by the Comptroller General of the United States. The 
Under Secretary for Management shall direct the em-
ployee engagement steering committee to review such plan 
to inform committee activities and action plans authorized 
under such section 714.
SEC. 1135. TIMELY GUIDANCE TO DHS PERSONNEL RE-
GARDING EXECUTIVE ORDERS. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity 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 Ex-
ecutive order affecting Department functions, programs, 
or operations takes effect, the Secretary, in coordination 
with the heads of relevant Department components and 
offices, shall make every effort to, as expeditiously as pos-
sible, provide to relevant Department personnel written 
guidance regarding how such Executive order is to be im-
plemented.’’. 
(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. 1136. 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 importance 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. 1201. 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: 
‘‘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 De-
partment 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 success-
fully execute an approved acquisition program; 
‘‘(D) ensure good acquisition program 
management of cost, schedule, risk, and system 
performance of the acquisition program at 
issue, including 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-
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 
predetermined 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 in-
cludes a documented record of decisions, exit cri-
teria, and assigned actions for such acquisition, as 
determined by the person exercising acquisition deci-
sion authority 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. 
‘‘(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 
acquisition, means a knowledge-based approach to 
capability 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; 
‘‘(I) establishing an adequate workforce 
that is qualified and sufficient to perform nec-
essary 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 
baseline.
‘‘(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 Govern-
mental Affairs of the Senate; and 
‘‘(B) the Committee on Appropriations of 
the House of Representatives and of the Sen-
ate. 
‘‘(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 re-
sponsibility for leading a process and staff to provide 
acquisition and program management oversight, pol-
icy, and guidance to ensure that statutory, regu-
latory, and higher level policy requirements are ful-
filled, including compliance with Federal law, the 
Federal Acquisition Regulation, and Department ac-
quisition management directives established by the 
Under Secretary for Management. 
‘‘(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 es-
timated by the Secretary to require an eventual total 
expenditure of at least $300,000,000 (based on fis-
cal 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.’’. 
Subtitle A—Acquisition Authorities 
SEC. 1211. ACQUISITION AUTHORITIES FOR UNDER SEC-
RETARY FOR MANAGEMENT OF THE DEPART-
MENT OF HOMELAND SECURITY. 
Section 701 of the Homeland Security Act of 2002 
(6 U.S.C. 341) is amended— 
(1) in subsection (a)(2), by inserting ‘‘and ac-
quisition management’’ after ‘‘procurement’’; 
(2) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; and 
(3) by inserting after subsection (c) the fol-
lowing 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 
Acquisition Officer of the Department. As Chief Ac-
quisition 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 described in this subsection. 
‘‘(2) FUNCTIONS
AND
RESPONSIBILITIES.—In 
addition to the authorities and functions specified in 
section 1702(b) of title 41, United States Code, the 
functions and responsibilities of the Under Secretary 
for Management related to acquisition include the 
following: 
‘‘(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 
Department achieves its mission through the 
adoption of widely accepted program manage-
ment best practices and standards and, where
appropriate, acquisition innovation best prac-
tices. 
‘‘(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 the Department shall comply with, including 
outlining relevant authorities for program man-
agers to effectively manage acquisition pro-
grams. 
‘‘(D) Ensuring that each major acquisition 
program has a Department-approved acquisi-
tion program baseline, pursuant to the Depart-
ment’s acquisition management policy. 
‘‘(E) Ensuring that the heads of compo-
nents and Component Acquisition Executives
comply with Federal law, the Federal Acquisi-
tion Regulation, 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. 
‘‘(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 
policies related to physical and information se-
curity as identified by the Under Secretary for 
Management. 
‘‘(I) Overseeing the Component Acquisition 
Executive organizational structure to ensure 
Component Acquisition Executives have suffi-
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. 
‘‘(3) DELEGATION
OF
ACQUISITION
DECISION 
AUTHORITY.— 
‘‘(A) LEVEL 3 ACQUISITIONS.—The Under 
Secretary for Management may delegate acqui-
sition decision authority in writing to the rel-
evant Component Acquisition Executive for an 
acquisition 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 acqui-
sition decision authority in writing to the rel-
evant Component Acquisition Executive for a 
major acquisition program that has a life cycle 
cost estimate of at least $300,000,000 but not 
more than $1,000,000,000 if all of the following 
requirements are met: 
‘‘(i) The component concerned pos-
sesses working policies, processes, and pro-
cedures that are consistent with Depart-
ment-level acquisition policy. 
‘‘(ii) The Component Acquisition Ex-
ecutive concerned has adequate, experi-
enced, and dedicated professional employ-
ees with program management training, as 
applicable, commensurate with the size of 
the acquisition programs and related ac-
tivities delegated to such Component Ac-
quisition Executive by the Under Secretary 
for Management. 
‘‘(iii) Each major acquisition program 
concerned 
has 
written 
documentation 
showing that it has a Department-ap-
proved acquisition program baseline and it 
is meeting agreed-upon cost, schedule, and 
performance thresholds.
‘‘(4) RELATIONSHIP
TO
UNDER
SECRETARY 
FOR SCIENCE AND TECHNOLOGY.— 
‘‘(A) IN GENERAL.—Nothing in this sub-
section shall diminish the authority granted to 
the Under Secretary for Science and Tech-
nology under this Act. The Under Secretary for 
Management and the Under Secretary for 
Science and Technology shall cooperate in mat-
ters related to the coordination of acquisitions 
across the Department so that investments of 
the Directorate of Science and Technology are 
able to support current and future requirements 
of the components of the Department. 
‘‘(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 acqui-
sition programs— 
‘‘(I) complete operational testing 
and evaluation of technologies and 
systems; 
‘‘(II) use independent verification 
and validation of operational test and
evaluation implementation and re-
sults; and 
‘‘(III) document whether such 
programs meet all performance re-
quirements included in their acquisi-
tion program baselines; 
‘‘(ii) ensure that such operational 
testing and evaluation includes all system 
components and incorporates operators 
into the testing to ensure that systems per-
form as intended in the appropriate oper-
ational setting; and 
‘‘(iii) determine if testing conducted 
by other Federal agencies and private enti-
ties is relevant and sufficient in deter-
mining whether systems perform as in-
tended in the operational setting. 
‘‘(5) DEFINITIONS.—In this subsection, the 
terms ‘acquisition’, ‘best practices’, ‘acquisition deci-
sion authority’, ‘major acquisition program’, ‘acqui-
sition program baseline’, and ‘Component Acquisi-
tion Executive’ have the meanings given such terms 
in section 830.’’.
SEC. 1212. ACQUISITION AUTHORITIES FOR CHIEF FINAN-
CIAL OFFICER OF THE DEPARTMENT OF 
HOMELAND SECURITY. 
Paragraph (2) of section 702(b) of the Homeland Se-
curity Act of 2002 (6 U.S.C. 342(b)) is amended by add-
ing 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 
programs and activities.’’. 
SEC. 1213. ACQUISITION AUTHORITIES FOR CHIEF INFOR-
MATION OFFICER OF THE DEPARTMENT OF 
HOMELAND SECURITY. 
Section 703 of the Homeland Security Act of 2002 
(6 U.S.C. 343), as amended by this Act, is further amend-
ed by adding at the end the following new subsection: 
‘‘(e) ACQUISITION RESPONSIBILITIES.—The acquisi-
tion responsibilities of the Chief Information Officer shall 
include the following: 
‘‘(1) Oversee the management of the Homeland 
Security Enterprise Architecture and ensure that, 
before each acquisition decision event (as such term 
is defined in section 830), approved information 
technology acquisitions comply with departmental in-
formation technology management processes, tech-
nical requirements, and the Homeland Security En-
terprise Architecture, and in any case in which infor-
mation technology acquisitions do not comply with 
the Department’s management directives, make rec-
ommendations to the Acquisition Review Board re-
garding such noncompliance. 
‘‘(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 
strategic guidance.’’. 
SEC. 1214. ACQUISITION AUTHORITIES FOR PROGRAM AC-
COUNTABILITY AND RISK MANAGEMENT. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.) is further amended 
by adding at the end the following: 
‘‘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 Manage-
ment’. The purpose of the office is to—
100 
‘‘(1) provide consistent accountability, stand-
ardization, and transparency of major acquisition 
programs of the Department; and 
‘‘(2) serve as the central oversight function for 
all Department acquisition programs. 
‘‘(b) RESPONSIBILITIES
OF
EXECUTIVE
DIREC-
TOR.—The Program Accountability and Risk Management 
shall be led by an Executive Director to oversee the re-
quirement under subsection (a). The Executive Director 
shall report directly to the Under Secretary for Manage-
ment, 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 Manage-
ment in managing the acquisition programs and re-
lated 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
101 
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 executive 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-
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 Pro-
curement Officer in developing strategies and spe-
cific plans for hiring, training, and professional de-
velopment in order to rectify any deficiency within 
the Department’s acquisition workforce. 
‘‘(7) Develop standardized certification stand-
ards in consultation with the Component Acquisition 
Executives for all acquisition program managers.
102 
‘‘(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 Acquisi-
tion Executive, into the performance evaluation of 
the relevant acquisition program manager and report 
positive or negative experiences to the relevant certi-
fying authority. 
‘‘(9) Provide technical support and assistance 
to Department acquisitions and acquisition per-
sonnel in conjunction with the Chief Procurement 
Officer. 
‘‘(10) Prepare the Comprehensive Acquisition 
Status Report for the Department, as required by 
title I of division D of the Consolidated Appropria-
tions Act, 2016 (Public Law 114–113), and make 
such report 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 acquisi-
tion management directives established by the Under Sec-
retary for Management. For each major acquisition pro-
gram, each head of a component shall—
103 
‘‘(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 identi-
fied by the Comptroller General of the United 
States, including, 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 COM-
MITTEES DEFINED.—In this section, the term ‘congres-
sional 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
104 
‘‘(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 
certain acquisition documentation to be submitted by De-
partment 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— 
‘‘(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
105 
under section 1105(a) of title 31, United States Code, the 
Secretary shall submit to the Committee on Homeland Se-
curity of the House of Representatives and Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate information on the exercise of authority under sub-
section (b) in the prior fiscal year that includes the fol-
lowing 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. 
‘‘(3) The proportion of a component’s annual 
acquisition budget attributed to that program, as 
available. 
‘‘(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 Man-
agement. 
‘‘Sec. 718. Acquisition documentation.’’. 
SEC. 1215. ACQUISITION INNOVATION. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.) as amended by
106 
this Act, is further amended by adding at the end the fol-
lowing 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 Fed-
eral Acquisition Regulation and Department acquisi-
tion management directives, as appropriate; 
‘‘(3) develop and distribute best practices and 
lessons learned regarding acquisition innovation 
throughout the Department; 
‘‘(4) establish metrics to measure the effective-
ness of acquisition innovation efforts with respect to 
cost, operational efficiency of the acquisition pro-
gram (including timeframes for executing contracts), 
and collaboration with the private sector, including 
small businesses; and 
‘‘(5) determine impacts of acquisition innova-
tion 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
107 
and acquisition innovation efforts of the De-
partment; 
‘‘(B) obtaining feedback from the private 
sector on the impact of acquisition innovation 
efforts of the Department; and 
‘‘(C) incorporating such feedback, as ap-
propriate, into future acquisition innovation ef-
forts of the Department.’’. 
(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 
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 sub-
mits the annual budget justification for the Department 
of Homeland Security for each of fiscal years 2019 
through 2023, the Secretary shall, if appropriate, provide 
information to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate on the activities undertaken in the previous fiscal year 
in furtherance of section 719 of the Homeland Security 
Act of 2002, as added by subsection (a), on the following:
108 
(1) Emerging acquisition best practices that 
were tested within the Department during such fis-
cal year. 
(2) Efforts to distribute best practices and les-
sons 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 para-
graph (3) of such section 719. 
(4) Performance as measured by the metrics es-
tablished under paragraph (4) of such section 719. 
(5) Outcomes of efforts to distribute best prac-
tices and lessons learned within the Department, in-
cluding through web-based seminars, training, and 
forums. 
(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 
programs or activities.
109 
(8) Recommendations, as necessary, to enhance 
acquisition innovation in the Department. 
Subtitle B—Acquisition Program 
Management Discipline 
SEC. 1221. ACQUISITION REVIEW BOARD. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 
is amended by adding at the end the following 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; 
‘‘(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
110 
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. 
‘‘(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 acqui-
sition life cycle framework and is able to proceed to 
the next phase and eventual full production and de-
ployment. 
‘‘(2) Oversee whether a proposed acquisition’s 
business strategy, resources, management, and ac-
countability is executable and is aligned to strategic 
initiatives.
111 
‘‘(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 
performance objectives, to ensure the reliability of 
underlying data. 
‘‘(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
112 
schedule matters before performance objectives 
are established for capabilities when feasible. 
‘‘(B) Full consideration is given to possible 
trade-offs among cost, schedule, and perform-
ance 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 
program has a Department-approved acquisition program 
baseline, the Under Secretary for Management shall cre-
ate and approve an acquisition program baseline report 
regarding such approval, and the Secretary shall— 
‘‘(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 
Security 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.
113 
‘‘(f) REPORT.—The Under Secretary for Manage-
ment 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 acqui-
sition decision memoranda. 
‘‘(2) Results of the systematic reviews con-
ducted pursuant to paragraph (4) of subsection (d). 
‘‘(3) Results of acquisition document reviews re-
quired pursuant to paragraph (5) of subsection (d). 
‘‘(4) Activities to ensure that practices are 
adopted and implemented throughout the Depart-
ment 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. 1222. REQUIREMENTS TO REDUCE DUPLICATION IN 
ACQUISITION PROGRAMS. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.)
114 
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 ineffi-
ciency for all Department investments, including major ac-
quisition programs, the Deputy Secretary, in consultation 
with the Under Secretary for Management, shall establish 
Department-wide policies to integrate all phases of the in-
vestment life cycle and help the Department identify, vali-
date, and prioritize common component requirements for 
major acquisition programs in order to increase opportuni-
ties for effectiveness and efficiencies. The policies shall 
also include strategic alternatives for developing and facili-
tating a Department component-driven requirements proc-
ess that includes oversight of a development test and eval-
uation capability; identification of priority gaps and over-
laps in Department capability needs; and provision of fea-
sible technical alternatives, including innovative commer-
cially 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
115 
help the Department reduce unnecessary duplication and 
inefficiency for all Department investments, including 
major acquisition programs. 
‘‘(c) COORDINATION.—In coordinating the actions 
necessary to carry out subsection (a), the Deputy Sec-
retary shall consult with the Under Secretary for Manage-
ment, Component Acquisition Executives, and any other 
Department officials, including the Under Secretary for 
Science and Technology or his designee, with specific 
knowledge of Department or component acquisition capa-
bilities to prevent unnecessary duplication of require-
ments. 
‘‘(d) ADVISORS.—The Deputy Secretary, in consulta-
tion with the Under Secretary for Management, shall seek 
and consider input within legal and ethical boundaries 
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 acquisi-
tion programs within their areas of responsibility.
116 
‘‘(f) RESPONSIBILITIES.—In carrying out this sec-
tion, the responsibilities of the Deputy Secretary, in con-
sultation 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 sta-
ble, measurable, achievable, at an acceptable risk 
level, and match the resources planned to be avail-
able. 
‘‘(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— 
‘‘(A) to implement portfolio reviews to 
identify common mission requirements and 
crosscutting opportunities among components 
to harmonize investments and requirements and 
prevent unnecessary overlap and duplication 
among components; and
117 
‘‘(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 anal-
yses, giving particular attention to factors such as 
cost, schedule, risk, performance, and operational ef-
ficiency 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.’’. 
SEC. 1223. 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.—
118 
‘‘(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 
matters as the Secretary or Deputy Secretary 
may direct. 
‘‘(3) RELATIONSHIP TO OTHER FORUMS.—The 
Secretary or Deputy Secretary may delegate the au-
thority to direct the implementation of any decision 
or guidance resulting from the action of a Depart-
ment leadership council to any office, component, co-
ordinator, or other senior official of the Department. 
‘‘(4) MISSION.—In addition to other matters 
assigned to it by the Secretary and Deputy Sec-
retary, a leadership council shall— 
‘‘(A) identify, assess, and validate joint re-
quirements (including existing systems and as-
119 
sociated capability gaps) to meet mission needs 
of the Department; 
‘‘(B) ensure that appropriate efficiencies 
are made among life-cycle cost, schedule, and 
performance objectives, and procurement quan-
tity objectives, in the establishment and ap-
proval 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 leader-
ship 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 
officials from components of the Department or 
other senior officials as designated by the Secretary. 
‘‘(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-
120 
sure that the Future Years Homeland Security Pro-
gram required under section 874 is consistent with 
any recommendations of a leadership council re-
quired under paragraph (2)(C), as affirmed by the 
Secretary, the Deputy Secretary, or the chairperson 
of a Department leadership council designated by 
the Secretary 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. 1224. GOVERNMENT ACCOUNTABILITY OFFICE RE-
VIEW OF BOARD AND OF REQUIREMENTS TO 
REDUCE DUPLICATION IN ACQUISITION PRO-
GRAMS. 
(a) REVIEW REQUIRED.—The Comptroller General 
of the United States shall conduct a review of the effec-
tiveness of the Acquisition Review Board established 
under section 836 of the Homeland Security Act of 2002 
(as added by this Act) and the requirements to reduce un-
necessary duplication in acquisition programs established 
under section 837 of such Act (as added by this Act) in 
improving the Department’s acquisition management 
process. 
(b) SCOPE OF REPORT.—The review shall include the 
following:
121 
(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 
working together and in preventing overlap and un-
necessary duplication. 
(2) An assessment of the effectiveness of the 
Board in instilling program management discipline. 
(3) A statement of how regularly each major 
acquisition 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 
problems 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 
headquarters mechanisms and bodies involved in the 
administration of acquisition activities. 
(c) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Comp-
troller General shall submit to the congressional homeland
122 
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. 1225. 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 
system) as maintained by the General Services Adminis-
tration, the Secretary shall submit to Congress notice of 
such waiver and an explanation for a finding by the Sec-
retary that a compelling reason exists for issuing such 
waiver. 
SEC. 1226. INSPECTOR GENERAL OVERSIGHT OF SUSPEN-
SION AND DEBARMENT. 
The Inspector General of the Department of Home-
land Security shall— 
(1) conduct audits as determined necessary by 
the Inspector General regarding grant and procure-
ment awards to identify instances in which a con-
tract or grant was improperly awarded to a sus-
pended or debarred entity and whether corrective ac-
tions were taken to prevent recurrence; and 
(2) review the suspension and debarment pro-
gram throughout the Department to assess whether
123 
suspension and debarment criteria are consistently 
applied throughout the Department and whether dis-
parities exist in the application of such criteria, par-
ticularly with respect to business size and categories. 
Subtitle C—Acquisition Program 
Management Accountability and 
Transparency 
SEC. 1231. CONGRESSIONAL NOTIFICATION FOR MAJOR AC-
QUISITION PROGRAMS. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 
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.— 
‘‘(A) NOTIFICATION
OF
BREACH.—If a 
breach occurs in a major acquisition program, 
the program manager for such program shall 
notify the Component Acquisition Executive for 
such program, the head of the component con-
cerned, the Executive Director of the Program
124 
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 great-
er than 15 percent, a schedule delay greater 
than 180 days, or a failure to meet any of the 
performance thresholds from the cost, schedule, 
or performance parameters specified in the 
most recently approved acquisition program 
baseline for such program, the Component Ac-
quisition Executive for such program shall no-
tify the Secretary and the Inspector General of 
the Department not later than five business 
days after the Component Acquisition Executive 
for such program, the head of the component 
concerned, the Executive Director of the Pro-
gram Accountability and Risk Management Di-
vision, the Under Secretary for Management, 
and the Deputy Secretary are notified of the 
breach pursuant to subparagraph (A). 
‘‘(2) REMEDIATION
PLAN
AND
ROOT
CAUSE 
ANALYSIS.—
125 
‘‘(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 Di-
rector 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 
causes of shortcomings in cost, schedule, 
or performance of the major acquisition 
program with respect to which such breach 
has occurred, including the role, if any, 
of—
126 
‘‘(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 integra-
tion 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 
outlined in the Future Years Home-
land Security Program required under 
section 874; 
‘‘(VII) legislative, legal, or regu-
latory changes; or 
‘‘(VIII) 
inadequate 
program 
management personnel, including lack
127 
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, in-
cluding the estimated impact on cost, 
schedule, or performance of such program 
if no changes are made to current require-
ments, the estimated cost of such program 
if requirements are modified, and the ex-
tent to which funding from other programs 
will need to be reduced to cover the cost 
growth of such program. 
‘‘(3) REVIEW OF CORRECTIVE ACTIONS.— 
‘‘(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
128 
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 Secretary for Management shall submit 
to the congressional homeland security commit-
tees the following: 
‘‘(i) A copy of the remediation plan 
and the root cause analysis required under 
paragraph (2). 
‘‘(ii) A statement describing the cor-
rective 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 notifi-
cation to the Secretary is made under subsection 
(a)(1)(B) relating to a breach in a major acquisition 
program, the Under Secretary for Management shall 
notify the congressional homeland security commit-
tees of such breach in the next quarterly Com-
129 
prehensive Acquisition Status Report, as required by 
title I of division D of the Consolidated Appropria-
tions Act, 2016, (Public Law 114–113) following re-
ceipt by the Under Secretary of notification under 
such subsection. 
‘‘(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 
acquisition program baseline for a major acquisition 
program, the Under Secretary for Management shall 
include 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; 
‘‘(C) the new acquisition schedule and esti-
mates for total acquisition cost are reasonable; 
and
130 
‘‘(D) the management structure for such 
program is adequate to manage and control 
cost, schedule, and performance. 
‘‘(c) CONGRESSIONAL HOMELAND SECURITY COM-
MITTEES DEFINED.—In this section, the term ‘congres-
sional 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. 1232. MULTIYEAR ACQUISITION STRATEGY. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 
is further amended by adding at the end the following new 
section:
131 
‘‘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 congres-
sional committees 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 Secu-
rity 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. 
‘‘(b) CONSULTATION.—In developing the strategy re-
quired under subsection (a), the Secretary shall, as the 
Secretary determines appropriate, consult with head-
132 
quarters, components, employees in the field, and individ-
uals from industry and the academic community. 
‘‘(c) CONTENTS OF STRATEGY.—The strategy shall 
include the following: 
‘‘(1) PRIORITIZED LIST.—A systematic and in-
tegrated prioritized list developed by the Under Sec-
retary for Management in coordination with all of 
the Component Acquisition Executives of Depart-
ment major acquisition programs that Department 
and component acquisition investments seek to ad-
dress, including the expected security and economic 
benefit of the program or system that is the subject 
of acquisition and an analysis of how the security 
and economic 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 
upgrades of its systems and equipment; and 
‘‘(B) plan for the acquisition and manage-
ment of future systems and equipment. 
‘‘(3) FUNDING GAPS.—A plan to address fund-
ing gaps between funding requirements for major ac-
quisition programs and known available resources,
133 
including, 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 econo-
mies 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 tech-
nologies to meet the needs of such strategy; 
‘‘(B) leverage to the greatest extent pos-
sible emerging technological trends and re-
search and development trends within the pub-
lic and private sectors; and 
‘‘(C) identify ways to ensure that appro-
priate technology is acquired and integrated 
into the Department’s operating doctrine to im-
prove mission performance. 
‘‘(5) FOCUS ON FLEXIBLE SOLUTIONS.—An as-
sessment of ways the Department can improve its 
ability to test and acquire innovative solutions to
134 
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
TAX-
PAYER DOLLARS.—An assessment of ways the De-
partment can develop incentives for program man-
agers 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. 
‘‘(8) FOCUS
ON
IMPROVING
OUTREACH.—An 
identification and assessment of ways to increase op-
135 
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 
technologies, products, and innovation that is avail-
able to meet its mission needs and to inform the De-
partment’s requirements-setting process before en-
gaging 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— 
‘‘(i) prevent misinterpretation of ac-
quisition regulations; and
136 
‘‘(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 competi-
tion, for major acquisition programs. Such plan may in-
clude assessments of the following measures in appro-
priate 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 en-
able competition for upgrades. 
‘‘(6) Acquisition of complete technical data 
packages. 
‘‘(7) Periodic competitions for subsystem up-
grades.
137 
‘‘(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 
accountability and talent management that identifies 
the acquisition workforce needs of each component 
performing acquisition functions and develops op-
tions for filling such needs with qualified individuals, 
including a cost-benefit analysis of contracting for 
acquisition assistance. 
‘‘(2) ADDITIONAL
MATTERS
COVERED.—The 
acquisition workforce plan under this subsection 
shall address ways to— 
‘‘(A) improve the recruitment, hiring, 
training, and retention of Department acquisi-
tion workforce personnel, including contracting 
officer’s representatives, in order to retain high-
ly qualified individuals who have experience in 
the acquisition life cycle, complex procurements, 
and management of large programs;
138 
‘‘(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 Depart-
ment 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; 
‘‘(vi) cost estimating and program fi-
nancial management; and
139 
‘‘(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 re-
ceive 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 
amended by inserting after the item relating to section 
838, as added by this Act, the following new item: 
‘‘Sec. 839. Multiyear acquisition strategy.’’.
140 
(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 en-
actment 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 require-
ments.
141 
(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 
this Act. 
(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 Secu-
rity and the Committee on Appropriations of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and 
the Committee on Appropriations of the Senate a re-
port on the review. Such report shall be submitted 
in unclassified form but may include a classified 
annex.
142 
SEC. 1233. 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 com-
mittees an annual comprehensive acquisition status 
report. The report shall include the following: 
‘‘(A) The information required under the 
heading ‘Office of the Under Secretary for 
Management’ under title I of division D of the 
Consolidated Appropriations Act, 2012 (Public 
Law 112–74) (as required under the Depart-
ment 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 
Secretary for additional oversight or action by
143 
the 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 re-
views, 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 
current gaps and shortfalls, the capabilities to 
be fielded, and the number of planned incre-
ments or units. 
‘‘(B) Acquisition Review Board (or other 
board designated to review the acquisition) sta-
tus of each acquisition, including the current 
acquisition phase, the date of the last review, 
and a listing of the required documents that 
have been reviewed with the dates reviewed or 
approved.
144 
‘‘(C) The most current, approved acquisi-
tion program baseline (including project sched-
ules and events). 
‘‘(D) A comparison of the original acquisi-
tion program baseline, the current acquisition 
program baseline, and the current estimate. 
‘‘(E) Whether or not an independent 
verification and validation has been imple-
mented, with an explanation for the decision 
and a summary of any findings. 
‘‘(F) A rating of cost risk, schedule risk, 
and technical risk associated with the program 
(including narrative descriptions and mitigation 
actions). 
‘‘(G) Contract status (including earned 
value management data as applicable). 
‘‘(H) A lifecycle cost of the acquisition, 
and time basis for the estimate. 
‘‘(3) UPDATES.—The Under Secretary shall 
submit quarterly updates to such report not later 
than 45 days after the completion of each quarter. 
‘‘(b) QUARTERLY PROGRAM ACCOUNTABILITY RE-
PORT.—The Under Secretary for Management shall pre-
pare a quarterly program accountability report to meet the 
mandate of the Department to perform program health
145 
assessments and improve program execution and govern-
ance. The report shall be submitted to the congressional 
homeland security committees. 
‘‘(c) CONGRESSIONAL HOMELAND SECURITY COM-
MITTEES DEFINED.—In this section, the term ‘congres-
sional 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) LEVEL 3 ACQUISITION PROGRAMS OF COMPO-
NENTS OF THE DEPARTMENT.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, component 
heads of the Department of Homeland Security shall 
identify to the Under Secretary for Management of 
the Department all level 3 acquisition programs of 
each respective component. Not later than 30 days 
after receipt of such information, the Under Sec-
retary shall certify in writing to the congressional 
homeland security committees whether such compo-
nent heads have properly identified such programs.
146 
To carry out this paragraph, the Under Secretary 
shall establish a process with a repeatable method-
ology to continually identify level 3 acquisition pro-
grams. 
(2) POLICIES AND GUIDANCE.—Not later than 
180 days after the date of the enactment of this Act, 
component heads of the Department of Homeland 
Security shall submit to the Under Secretary for 
Management of the Department their respective 
policies and relevant guidance for level 3 acquisition 
programs of each respective component. Not later 
than 90 days after receipt of such policies and guid-
ance, the Under Secretary for Management shall 
certify to the congressional homeland security com-
mittees that each component’s respective policies 
and guidance adhere to Department-wide acquisition 
policies. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by inserting 
after the item relating to section 839 the following new 
item: 
‘‘840. Acquisition reports.’’.
147 
TITLE III—INTELLIGENCE AND 
INFORMATION SHARING 
Subtitle A—Department of Home-
land Security Intelligence En-
terprise 
SEC. 1301. HOMELAND INTELLIGENCE DOCTRINE. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend-
ed by adding at the end the following new section: 
‘‘SEC. 210G. HOMELAND INTELLIGENCE DOCTRINE. 
‘‘(a) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this section, the Secretary, 
acting through the Chief Intelligence Officer of the De-
partment, in coordination with intelligence components of 
the Department, the Office of the General Counsel, the 
Privacy Office, and the Office for Civil Rights and Civil 
Liberties, shall develop and disseminate written Depart-
ment-wide guidance for the processing, analysis, produc-
tion, and dissemination of homeland security information 
(as such term is defined in section 892) and terrorism in-
formation (as such term is defined in section 1016 of the 
Intelligence Reform and Terrorism Prevention Act of 
2004 (6 U.S.C. 485)). 
‘‘(b) CONTENTS.—The guidance required under sub-
section (a) shall, at a minimum, include the following:
148 
‘‘(1) A description of guiding principles and 
purposes of the Department’s intelligence enterprise. 
‘‘(2) A summary of the roles and responsibil-
ities of each intelligence component of the Depart-
ment and programs of the intelligence components of 
the Department in the processing, analysis, produc-
tion, or dissemination of homeland security informa-
tion and terrorism information, including relevant 
authorities and restrictions applicable to each intel-
ligence component of the Department and programs 
of each such intelligence components. 
‘‘(3) Guidance for the processing, analysis, and 
production of such information. 
‘‘(4) Guidance for the dissemination of such in-
formation, including within the Department, among 
and between Federal departments and agencies, 
among and between State, local, tribal, and terri-
torial governments, including law enforcement, and 
with foreign partners and the private sector. 
‘‘(5) An assessment and description of how the 
dissemination to the intelligence community (as such 
term is defined in section 3(4) of the National Secu-
rity Act of 1947 (50 U.S.C. 3003(4))) and Federal 
law enforcement of homeland security information
149 
and terrorism information assists such entities in 
carrying out their respective missions. 
‘‘(c) FORM.—The guidance required under subsection 
(a) shall be submitted in unclassified form, but may in-
clude a classified annex. 
‘‘(d) ANNUAL REVIEW.—For each of the five fiscal 
years beginning with the fiscal year that begins after the 
date of the enactment of this section, the Secretary shall 
conduct a review of the guidance required under sub-
section (a) and, as appropriate, revise such guidance.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
210F the following new item: 
‘‘Sec. 210G. Homeland intelligence doctrine.’’. 
SEC. 1302. ANALYSTS FOR THE CHIEF INTELLIGENCE OFFI-
CER. 
Paragraph (1) of section 201(e) of the Homeland Se-
curity Act of 2002 (6 U.S.C. 121(e)) is amended by add-
ing at the end the following new sentence: ‘‘The Secretary 
shall also provide the Chief Intelligence Officer with a 
staff having appropriate expertise and experience to assist 
the Chief Intelligence Officer.’’.
150 
SEC. 1303. ANNUAL HOMELAND TERRORIST THREAT AS-
SESSMENTS. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land Security Act of 2002 (6 U.S.C. 121 et seq.), as 
amended by this Act, is further amended by adding at the 
end the following new section: 
‘‘SEC. 210H. HOMELAND TERRORIST THREAT ASSESS-
MENTS. 
‘‘(a) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this section and for each of 
the next five fiscal years (beginning in the fiscal year that 
begins after the date of the enactment of this section) the 
Secretary, acting through the Under Secretary for Intel-
ligence and Analysis, and using departmental information, 
including component information, and information pro-
vided through State and major urban area fusion centers, 
shall conduct an assessment of the terrorist threat to the 
homeland. 
‘‘(b) CONTENTS.—Each assessment under subsection 
(a) shall include the following: 
‘‘(1) Empirical data assessing terrorist activi-
ties and incidents over time in the United States, in-
cluding terrorist activities and incidents planned or 
supported by persons outside of the United States 
targeting the homeland.
151 
‘‘(2) An evaluation of current terrorist tactics, 
as well as ongoing and possible future changes in 
terrorist tactics. 
‘‘(3) An assessment of criminal activity encoun-
tered or observed by officers or employees of compo-
nents in the field which is suspected of financing ter-
rorist activity. 
‘‘(4) Detailed information on all individuals de-
nied entry to or removed from the United States as 
a result of material support provided to a foreign 
terrorist organization (as such term is used in sec-
tion 219 of the Immigration and Nationality Act (8 
U.S.C. 1189)). 
‘‘(5) The efficacy and spread of foreign ter-
rorist organization propaganda, messaging, or re-
cruitment. 
‘‘(6) An assessment of threats, including cyber 
threats, to the homeland, including to critical infra-
structure and Federal civilian networks. 
‘‘(7) An assessment of current and potential 
terrorism and criminal threats posed by individuals 
and organized groups seeking to unlawfully enter the 
United States.
152 
‘‘(8) An assessment of threats to the transpor-
tation sector, including surface and aviation trans-
portation systems. 
‘‘(c) ADDITIONAL INFORMATION.—The assessments 
required under subsection (a)— 
‘‘(1) shall, to the extent practicable, utilize ex-
isting component data collected from the field; and 
‘‘(2) may incorporate relevant information and 
analysis from other agencies of the Federal Govern-
ment, agencies of State and local governments (in-
cluding law enforcement agencies), as well as the 
private sector, disseminated in accordance with 
standard information sharing procedures and poli-
cies. 
‘‘(d) FORM.—The assessments required under sub-
section (a) shall be shared with the appropriate congres-
sional committees and submitted in classified form, but— 
‘‘(1) shall include unclassified summaries; and 
‘‘(2) may include unclassified annexes, if appro-
priate.’’. 
(b) CONFORMING AMENDMENT.—Subsection (d) of 
section 201 of the Homeland Security Act of 2002 (6 
U.S.C. 121) is amended by adding at the end the following 
new paragraph:
153 
‘‘(27) To carry out section 210H (relating to 
homeland terrorist threat assessments).’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
of the Homeland Security Act of 2002 is amended by in-
serting after the item relating to section 210G, as added 
by this Act, the following new item: 
‘‘Sec. 210H. Homeland terrorist threat assessments.’’. 
SEC. 1304. DEPARTMENT OF HOMELAND SECURITY DATA 
FRAMEWORK. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall develop a data framework to integrate existing 
Department of Homeland Security datasets and systems, 
as appropriate, for access by authorized personnel in a 
manner consistent with relevant legal authorities and pri-
vacy, civil rights, and civil liberties policies and protec-
tions. In developing such framework, the Secretary shall 
ensure, in accordance with all applicable statutory and 
regulatory requirements, the following information is in-
cluded: 
(1) All information acquired, held, or obtained 
by an office or component of the Department that 
falls within the scope of the information sharing en-
vironment, including homeland security information, 
terrorism information, weapons of mass destruction 
information, and national intelligence.
154 
(2) Any information or intelligence relevant to 
priority mission needs and capability requirements of 
the homeland security enterprise, as determined ap-
propriate by the Secretary. 
(b) DATA FRAMEWORK ACCESS.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall ensure that the data framework re-
quired under this section is accessible to employees 
of the Department of Homeland Security who the 
Secretary determines— 
(A) have an appropriate security clearance; 
(B) are assigned to perform a function 
that requires access to information in such 
framework; and 
(C) are trained in applicable standards for 
safeguarding and using such information. 
(2) GUIDANCE.—The Secretary of Homeland 
Security shall— 
(A) issue guidance for Department of 
Homeland Security employees authorized to ac-
cess and contribute to the data framework pur-
suant to paragraph (1); and 
(B) ensure that such guidance enforces a 
duty to share between offices and components
155 
of the Department when accessing or contrib-
uting to such framework for mission needs. 
(3) EFFICIENCY.—The Secretary of Homeland 
Security shall promulgate data standards and in-
struct components of the Department of Homeland 
Security to make available information through the 
data framework under this section in a machine- 
readable standard format, to the greatest extent 
practicable. 
(c) EXCLUSION OF INFORMATION.—The Secretary of 
Homeland Security may exclude from the data framework 
information that the Secretary determines access to or the 
confirmation of the existence of could— 
(1) jeopardize the protection of sources, meth-
ods, or activities; 
(2) compromise a criminal or national security 
investigation; 
(3) be inconsistent with the other Federal laws 
or regulations; or 
(4) be duplicative or not serve an operational 
purpose if included in such framework. 
(d) SAFEGUARDS.—The Secretary of Homeland Se-
curity shall incorporate into the date framework systems 
capabilities for auditing and ensuring the security of infor-
156 
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 
include appropriate information in existence within the 
Department of Homeland Security to meet its critical mis-
sion operations. 
(f) NOTICE TO CONGRESS.— 
(1) OPERATIONAL
NOTIFICATION.—Not later 
than 60 days after the date on which the data 
framework required under this section is fully oper-
ational, the Secretary of Homeland Security shall 
provide notice to the appropriate congressional com-
mittees of such. 
(2) REGULAR
STATUS.—The Secretary shall 
submit to the appropriate congressional committees 
regular updates on the status of the data framework 
required under this section, including, when applica-
157 
ble, the use of such data framework to support clas-
sified operations. 
(g) DEFINITIONS.—In this section: 
(1) NATIONAL INTELLIGENCE.—The term ‘‘na-
tional intelligence’’ has the meaning given such term 
in section 3(5) of the National Security Act of 1947 
(50 U.S.C. 3003(5)). 
(2) 
APPROPRIATE
CONGRESSIONAL
COM-
MITTEE.—The term ‘‘appropriate congressional com-
mittee’’ has the meaning given such term in section 
2(2) of the Homeland Security Act of 2002 (6 
U.S.C. 101(11)). 
SEC. 1305. ESTABLISHMENT OF INSIDER THREAT PRO-
GRAM. 
(a) IN GENERAL.—Title I of the Homeland Security 
Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding 
at the end the following new section: 
‘‘SEC. 104. INSIDER THREAT PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish an Insider Threat Program within the Department. 
Such Program shall— 
‘‘(1) provide training and education for Depart-
ment personnel to identify, prevent, mitigate, and re-
spond to insider threat risks to the Department’s 
critical assets;
158 
‘‘(2) provide investigative support regarding po-
tential insider threats that may pose a risk to the 
Department’s critical assets; and 
‘‘(3) conduct risk mitigation activities for in-
sider threats. 
‘‘(b) STEERING COMMITTEE.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a Steering Committee within the Department. 
The Under Secretary for Intelligence and Analysis 
shall serve as the Chair of the Steering Committee. 
The Chief Security Officer shall serve as the Vice 
Chair. The Steering Committee shall be comprised 
of representatives of the Office of Intelligence and 
Analysis, the Office of the Chief Information Officer, 
the Office of the General Counsel, the Office for 
Civil Rights and Civil Liberties, the Privacy Office, 
the Office of the Chief Human Capital Officer, the 
Office of the Chief Financial Officer, the Federal 
Protective Service, the Office of the Chief Procure-
ment Officer, the Science and Technology Direc-
torate, and other components or offices of the De-
partment as appropriate. Such representatives shall 
meet on a regular basis to discuss cases and issues 
related to insider threats to the Department’s crit-
ical assets, in accordance with subsection (a).
159 
‘‘(2) RESPONSIBILITIES.—Not later than one 
year after the date of the enactment of this section, 
the Under Secretary for Intelligence and Analysis 
and the Chief Security Officer, in coordination with 
the Steering Committee established pursuant to 
paragraph (1), shall— 
‘‘(A) develop a holistic strategy for Depart-
ment-wide efforts to identify, prevent, mitigate, 
and respond to insider threats to the Depart-
ment’s critical assets; 
‘‘(B) develop a plan to implement the in-
sider threat measures identified in the strategy 
developed under subparagraph (A) across the 
components and offices of the Department; 
‘‘(C) document insider threat policies and 
controls; 
‘‘(D) conduct a baseline risk assessment of 
insider threats posed to the Department’s crit-
ical assets; 
‘‘(E) examine existing programmatic and 
technology best practices adopted by the Fed-
eral Government, industry, and research insti-
tutions to implement solutions that are vali-
dated and cost-effective;
160 
‘‘(F) develop a timeline for deploying work-
place monitoring technologies, employee aware-
ness campaigns, and education and training 
programs related to identifying, preventing, 
mitigating, and responding to potential insider 
threats to the Department’s critical assets; 
‘‘(G) require the Chair and Vice Chair of 
the Steering Committee to consult with the 
Under Secretary for Science and Technology 
and other appropriate stakeholders to ensure 
the Insider Threat Program is informed, on an 
ongoing basis, by current information regarding 
threats, beset practices, and available tech-
nology; and 
‘‘(H) develop, collect, and report metrics 
on the effectiveness of the Department’s insider 
threat mitigation efforts. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) CRITICAL ASSETS.—The term ‘critical as-
sets’ means the people, facilities, information, and 
technology required for the Department to fulfill its 
mission. 
‘‘(2) INSIDER.—The term ‘insider’ means— 
‘‘(A) any person who has access to classi-
fied national security information and is em-
161 
ployed by, detailed to, or assigned to the De-
partment, including members of the Armed 
Forces, experts or consultants to the Depart-
ment, industrial or commercial contractors, li-
censees, certificate holders, or grantees of the 
Department, including all subcontractors, per-
sonal services contractors, or any other category 
of person who acts for or on behalf of the De-
partment, as determined by the Secretary; or 
‘‘(B) State, local, tribal, territorial, and 
private sector personnel who possess security 
clearances granted by the Department. 
‘‘(3) INSIDER
THREAT.—The term ‘insider 
threat’ means the threat that an insider will use his 
or her authorized access, wittingly or unwittingly, to 
do harm to the security of the United States, includ-
ing damage to the United States through espionage, 
terrorism, the unauthorized disclosure of classified 
national security information, or through the loss or 
degradation of departmental resources or capabili-
ties.’’. 
(b) REPORTING.— 
(1) IN
GENERAL.—Not later than two years 
after the date of the enactment of section 104 of the 
Homeland Security Act of 2002 (as added by sub-
162 
section (a) of this section) and the biennially there-
after for the next four years, the Secretary of Home-
land Security shall submit to the Committee on 
Homeland Security and the Permanent Select Com-
mittee on Intelligence of the House of Representa-
tives and the Committee on Homeland Security and 
Governmental Affairs and the Select Committee on 
Intelligence of the Senate a report on how the De-
partment of Homeland Security and its components 
and offices have implemented the strategy developed 
pursuant to subsection (b)(2)(A) of such section 
104, the status of the Department’s risk assessment 
of critical assets, the types of insider threat training 
conducted, the number of Department employees 
who have received such training, and information on 
the effectiveness of the Insider Threat Program (es-
tablished pursuant to subsection (a) of such section 
104), based on metrics developed, collected, and re-
ported pursuant to subsection (b)(2)(H) of such sec-
tion 104. 
(2) DEFINITIONS.—In this subsection, the 
terms ‘‘critical assets’’, ‘‘insider’’, and ‘‘insider 
threat’’ have the meanings given such terms in sec-
tion 104 of the Homeland Security Act of 2002 (as 
added by subsection (a) of this section).
163 
(c) 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 
103 the following new item: 
‘‘Sec. 104. Insider Threat Program.’’. 
SEC. 1306. THREAT ASSESSMENT ON TERRORIST USE OF 
VIRTUAL CURRENCY. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Under Secretary 
of Homeland Security for Intelligence and Analysis, as au-
thorized by section 201(b)(1) of the Homeland Security 
Act of 2002 (6 U.S.C. 121), shall, in coordination with 
appropriate Federal partners, develop and disseminate a 
threat assessment regarding the actual and potential 
threat posed by individuals using virtual currency to carry 
out activities in furtherance of an act of terrorism, includ-
ing the provision of material support or resources to a for-
eign terrorist organization. Consistent with the protection 
of classified and confidential unclassified information, the 
Under Secretary shall share the threat assessment devel-
oped under this section with State, local, and tribal law 
enforcement officials, including officials that operate with-
in State, local, and regional fusion centers through the De-
partment of Homeland Security State, Local, and Re-
gional Fusion Center Initiative established in section 210A 
of the Homeland Security Act of 2002 (6 U.S.C. 124h).
164 
(b) DEFINITIONS.—In this section: 
(1) FOREIGN TERRORIST ORGANIZATION.—The 
term ‘‘foreign terrorist organization’’ means an or-
ganization designated as a foreign terrorist organiza-
tion under section 219 of the Immigration and Na-
tionality Act (8 U.S.C. 1189). 
(2) VIRTUAL
CURRENCY.—The term ‘‘virtual 
currency’’ means a digital representation of value 
that functions as a medium of exchange, a unit of 
account, or a store of value. 
SEC. 
1307. 
DEPARTMENT 
OF 
HOMELAND 
SECURITY 
COUNTERTERRORISM ADVISORY BOARD. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land Security Act of 2002 (6 U.S.C. 121 et seq.), as 
amended by this Act, is further amended by adding at the 
end the following new section: 
‘‘SEC. 210I. DEPARTMENTAL COORDINATION ON COUNTER-
TERRORISM. 
‘‘(a) ESTABLISHMENT.—There is in the Department 
a board to be composed of senior representatives of de-
partmental operational components and headquarters ele-
ments. The purpose of the board shall be to coordinate 
and integrate departmental intelligence, activities, and 
policy related to the counterterrorism mission and func-
tions of the Department.
165 
‘‘(b) CHARTER.—There shall be a charter to govern 
the structure and mission of the board. Such charter shall 
direct the board to focus on the current threat environ-
ment and the importance of aligning departmental 
counterterrorism activities under the Secretary’s guidance. 
The charter shall be reviewed and updated every four 
years, as appropriate. 
‘‘(c) MEMBERS.— 
‘‘(1) CHAIR.—The Secretary shall appoint a 
Coordinator for Counterterrorism within the Depart-
ment who will serve as the chair of the board. 
‘‘(2) ADDITIONAL
MEMBERS.—The Secretary 
shall appoint additional members of the board from 
among the following: 
‘‘(A) The Transportation Security Admin-
istration. 
‘‘(B) U.S. Customs and Border Protection. 
‘‘(C) U.S. Immigration and Customs En-
forcement. 
‘‘(D) The Federal Emergency Management 
Agency. 
‘‘(E) The Coast Guard. 
‘‘(F) United States Citizenship and Immi-
gration Services. 
‘‘(G) The United States Secret Service.
166 
‘‘(H) The National Protection and Pro-
grams Directorate. 
‘‘(I) The Office of Operations Coordina-
tion. 
‘‘(J) The Office of the General Counsel. 
‘‘(K) The Office of Intelligence and Anal-
ysis. 
‘‘(L) The Office of Policy. 
‘‘(M) The Science and Technology Direc-
torate. 
‘‘(N) Other departmental offices and pro-
grams as determined appropriate by the Sec-
retary. 
‘‘(d) MEETINGS.—The board shall meet on a regular 
basis to discuss intelligence and coordinate ongoing threat 
mitigation efforts and departmental activities, including 
coordination with other Federal, State, local, tribal, terri-
torial, and private sector partners, and shall make rec-
ommendations to the Secretary. 
‘‘(e) TERRORISM ALERTS.—The board shall advise 
the Secretary on the issuance of terrorism alerts pursuant 
to section 203 of this Act. 
‘‘(f) PROHIBITION ON ADDITIONAL FUNDS.—No ad-
ditional funds are authorized to carry out this section.’’.
167 
(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 
210H, as added by this Act, the following new item: 
‘‘Sec. 210I. Departmental coordination on counterterrorism.’’. 
(c) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Homeland 
Security, acting through the Coordinator for Counterter-
rorism, shall submit to the Committee on Homeland Secu-
rity of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate a report on the status and activities of the board 
established under section 210I of the Homeland Security 
Act of 2002, as added by subsection (a) of this section. 
SEC. 1308. BORDER AND GANG THREAT ASSESSMENT. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall conduct a threat assessment on wheth-
er human smuggling organizations and transnational 
gangs are exploiting vulnerabilities in border security 
screening programs to gain access to the United States 
and threaten the United States or border security. 
(b) RECOMMENDATIONS.—Upon completion of the 
threat assessment required under subsection (a), the Sec-
retary of Homeland Security shall make a determination
168 
if any changes are required to address security 
vulnerabilities identified in such assessment. 
SEC. 1309. SECURITY CLEARANCE MANAGEMENT AND AD-
MINISTRATION. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 is amended— 
(1) by inserting before section 701 (6 U.S.C. 
341) the following: 
‘‘Subtitle A—Headquarters 
Activities’’; 
and 
(2) by adding at the end the following new sub-
title: 
‘‘Subtitle B—Security Clearances 
‘‘SEC. 731. DESIGNATION OF NATIONAL SECURITY SEN-
SITIVE AND PUBLIC TRUST POSITIONS. 
‘‘(a) IN GENERAL.—The Secretary shall require the 
designation of the sensitivity level of national security po-
sitions (pursuant to part 1400 of title 5, Code of Federal 
Regulations, or similar successor regulation) be conducted 
in a consistent manner with respect to all components and 
offices of the Department, and consistent with Federal 
guidelines. 
‘‘(b) IMPLEMENTATION.—In carrying out subsection 
(a), the Secretary shall require the utilization of uniform
169 
designation tools throughout the Department and provide 
training to appropriate staff of the Department on such 
utilization. Such training shall include guidance on factors 
for determining eligibility for access to classified informa-
tion and eligibility to hold a national security position. 
‘‘SEC. 732. REVIEW OF POSITION DESIGNATIONS. 
‘‘(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this subtitle, and every five years 
thereafter, the Secretary shall review all sensitivity level 
designations of national security positions (pursuant to 
part 1400 of title 5, Code of Federal Regulations, or simi-
lar successor regulation) at the Department. 
‘‘(b) DETERMINATION.—If during the course of a re-
view required under subsection (a), the Secretary deter-
mines that a change in the sensitivity level of a position 
that affects the need for an individual to obtain access 
to classified information is warranted, such access shall 
be administratively adjusted and an appropriate level peri-
odic reinvestigation completed, as necessary. 
‘‘(c) CONGRESSIONAL REPORTING.—Upon comple-
tion of each review required under subsection (a), the Sec-
retary shall report to the Committee on Homeland Secu-
rity of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate on the findings of each such review, including the
170 
number of positions by classification level and by compo-
nent and office of the Department in which the Secretary 
made a determination in accordance with subsection (b) 
to— 
‘‘(1) require access to classified information; 
‘‘(2) no longer require access to classified infor-
mation; or 
‘‘(3) otherwise require a different level of access 
to classified information. 
‘‘SEC. 733. AUDITS. 
‘‘Beginning not later than 180 days after the date 
of the enactment of this section, the Inspector General of 
the Department shall conduct regular audits of compliance 
of the Department with part 1400 of title 5, Code of Fed-
eral Regulations, or similar successor regulation. 
‘‘SEC. 734. REPORTING. 
‘‘(a) IN GENERAL.—The Secretary shall annually 
through fiscal year 2022 submit to the Committee on 
Homeland Security and the Committee on Oversight and 
Government Reform of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on the following: 
‘‘(1) The number of denials, suspensions, rev-
ocations, and appeals of the eligibility for access to
171 
classified information of an individual throughout 
the Department. 
‘‘(2) The date and status or disposition of each 
reported action under paragraph (1). 
‘‘(3) The identification of the sponsoring entity, 
whether by a component, office, or headquarters of 
the Department, of each action under paragraph (1), 
and description of the grounds for each such action. 
‘‘(4) Demographic data, including data relating 
to race, sex, national origin, and disability, of each 
individual for whom eligibility for access to classified 
information was denied, suspended, revoked, or ap-
pealed, and the number of years that each such indi-
vidual was eligible for access to such information. 
‘‘(5) In the case of a suspension in excess of 
180 days, an explanation for such duration. 
‘‘(b) FORM.—The report required under subsection 
(a) shall be submitted in unclassified form and be made 
publicly available, but may include a classified annex for 
any sensitive or classified information if necessary. 
‘‘SEC. 735. UNIFORM ADJUDICATION, SUSPENSION, DENIAL, 
AND REVOCATION. 
‘‘Not later than one year after the date of the enact-
ment of this section, the Secretary, in consultation with 
the Homeland Security Advisory Committee, shall develop
172 
a plan to achieve greater uniformity within the Depart-
ment with respect to the adjudication of eligibility of an 
individual for access to classified information that are con-
sistent with the Adjudicative Guidelines for Determining 
Access to Classified Information published on December 
29, 2005, or similar successor regulation. The Secretary 
shall submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate the plan. The plan shall consider the following: 
‘‘(1) Mechanisms to foster greater compliance 
with the uniform Department adjudication, suspen-
sion, denial, and revocation standards by the head of 
each component and office of the Department with 
the authority to adjudicate access to classified infor-
mation. 
‘‘(2) The establishment of an internal appeals 
panel responsible for final national security clear-
ance denial and revocation determinations that is 
comprised of designees who are career, supervisory 
employees from components and offices of the De-
partment with the authority to adjudicate access to 
classified information and headquarters, as appro-
priate.
173 
‘‘SEC. 736. DATA PROTECTION. 
‘‘The Secretary shall ensure that all information re-
ceived for the adjudication of eligibility of an individual 
for access to classified information is consistent with the 
Adjudicative Guidelines for Determining Access to Classi-
fied Information published on December 29, 2005, or 
similar successor regulation, and is protected against mis-
appropriation. 
‘‘SEC. 737. REFERENCE. 
‘‘Except as otherwise provided, for purposes of this 
subtitle, any reference to the ‘Department’ includes all 
components and offices of the Department.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Homeland Security Act of 2002 is amended— 
(1) by inserting before the item relating to sec-
tion 701 the following new item: 
‘‘Subtitle A—Headquarters Activities’’; 
and 
(2) by inserting after the final item relating to 
title VII the following new items: 
‘‘Subtitle B—Security Clearances 
‘‘Sec. 731. Designation of national security sensitive and public trust positions. 
‘‘Sec. 732. Review of position designations. 
‘‘Sec. 733. Audits. 
‘‘Sec. 734. Reporting. 
‘‘Sec. 735. Uniform adjudication, suspension, denial, and revocation. 
‘‘Sec. 736. Data protection. 
‘‘Sec. 737. Reference.’’.
176 
‘‘(5) reduce inefficiencies and maximize the ef-
fectiveness of Federal resource support to the Na-
tional Network of Fusion Centers; 
‘‘(6) provide analytic and reporting advice and 
assistance to the National Network of Fusion Cen-
ters; 
‘‘(7) review information within the scope of the 
information sharing environment, including home-
land security information, terrorism information, 
and weapons of mass destruction information, that 
is gathered by the National Network of Fusion Cen-
ters and incorporate such information, as appro-
priate, into the Department’s own such information; 
‘‘(8) provide for the effective dissemination of 
information within the scope of the information 
sharing environment to the National Network of Fu-
sion Centers; 
‘‘(9) facilitate close communication and coordi-
nation between the National Network of Fusion 
Centers and the Department and other Federal de-
partments and agencies; 
‘‘(10) provide the National Network of Fusion 
Centers with expertise on Department resources and 
operations, including, in coordination with the na-
tional cybersecurity and communications integration
177 
center under section 227, access to timely technical 
assistance, risk management support, and incident 
response capabilities with respect to cyber threat in-
dicators, defensive measures, cybersecurity risks, 
and incidents (as such terms are defined in such sec-
tion), which may include attribution, mitigation, and 
remediation, and the provision of information and 
recommendations on security and resilience, includ-
ing implications of cybersecurity risks to equipment 
and technology related to the electoral process; 
‘‘(11) coordinate the provision of training and 
technical assistance to the National Network of Fu-
sion Centers and encourage participating fusion cen-
ters to take part in terrorism threat-related exercises 
conducted by the Department; 
‘‘(12) review information relating to cybersecu-
rity risks that is gathered by State, local, and re-
gional fusion centers, and incorporate such informa-
tion, as appropriate, into the Department’s own in-
formation relating to cybersecurity risks; 
‘‘(13) ensure the dissemination to State, local, 
and regional fusion centers of the information de-
scribed in paragraph (12); 
‘‘(14) ensure, to the greatest extent practicable, 
that support for the National Network of Fusion
178 
Centers is included as a national priority in applica-
ble homeland security grant guidance; 
‘‘(15) ensure that each fusion center in the Na-
tional Network of Fusion Centers has a privacy pol-
icy approved by the Chief Privacy Officer of the De-
partment and a civil rights and civil liberties policy 
approved by the Officer for Civil Rights and Civil 
Liberties of the Department; 
‘‘(16) coordinate the nationwide suspicious ac-
tivity report initiative to ensure information gath-
ered by the National Network of Fusion Centers is 
incorporated as appropriate; 
‘‘(17) promote and facilitate, to the greatest ex-
tent practicable, nationwide suspicious activity re-
port training of fire, emergency medical services, 
emergency management, and public heath personnel; 
‘‘(18) lead Department efforts to ensure fusion 
centers in the National Network of Fusion Centers 
are the primary focal points for the sharing of home-
land security information, terrorism information, 
and weapons of mass destruction information with 
State, local, tribal, and territorial entities to the 
greatest extent practicable; 
‘‘(19) develop and disseminate best practices on 
the appropriate levels for staffing at fusion centers
179 
in the National Network of Fusion Centers of quali-
fied representatives from State, local, tribal, and ter-
ritorial law enforcement, fire, emergency medical, 
and emergency management services, and public 
health disciplines, as well as the private sector; and 
‘‘(20) carry out such other duties as the Sec-
retary determines appropriate.’’; 
(4) in subsection (c)— 
(A) by striking so much as precedes para-
graph (3)(B) and inserting the following: 
‘‘(c) RESOURCE ALLOCATION.— 
‘‘(1) INFORMATION SHARING AND PERSONNEL 
ASSIGNMENT.— 
‘‘(A) INFORMATION SHARING.—The Under 
Secretary for Intelligence and Analysis shall en-
sure that, as appropriate— 
‘‘(i) fusion centers in the National 
Network of Fusion Centers have access to 
homeland security information sharing sys-
tems; and 
‘‘(ii) Department personnel are de-
ployed to support fusion centers in the Na-
tional Network of Fusion Centers in a 
manner consistent with the Department’s 
mission and existing statutory limits.
180 
‘‘(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 under-
standing between the Department and a State 
or local government, in coordination with the 
appropriate representatives from fusion centers 
in the National Network of Fusion Centers, re-
garding the exchange of information between 
the Department and such fusion centers. Such 
memoranda shall include the following: 
‘‘(i) The categories of information to 
be provided by each entity to the other en-
tity that are parties to any such memo-
randa. 
‘‘(ii) The contemplated uses of the ex-
changed information that is the subject of 
any such memoranda.
181 
‘‘(iii) The procedures for developing 
joint products. 
‘‘(iv) The information sharing dispute 
resolution processes. 
‘‘(v) Any protections necessary to en-
sure the exchange of information accords 
with applicable law and policies. 
‘‘(2) SOURCES OF SUPPORT.— 
‘‘(A) IN
GENERAL.—Information shared 
and personnel assigned pursuant to paragraph 
(1) may be shared or provided, as the case may 
be, by the following Department components 
and offices, in coordination with the respective 
component or office head and in consultation 
with the principal officials of fusion centers in 
the National Network of Fusion Centers: 
‘‘(i) The Office of Intelligence and 
Analysis. 
‘‘(ii) The Office of Infrastructure Pro-
tection. 
‘‘(iii) The Transportation Security 
Administration. 
‘‘(iv) U.S. Customs and Border Pro-
tection.
182 
‘‘(v) U.S. Immigration and Customs 
Enforcement. 
‘‘(vi) The Coast Guard. 
‘‘(vii) The national cybersecurity and 
communications integration center under 
section 227. 
‘‘(viii) Other components or offices of 
the Department, as determined by the Sec-
retary. 
‘‘(B) COORDINATION
WITH
OTHER
FED-
ERAL AGENCIES.—The Under Secretary for In-
telligence and Analysis shall coordinate with ap-
propriate officials throughout the Federal Gov-
ernment to ensure the deployment to fusion 
centers in the National Network of Fusion Cen-
ters of representatives with relevant expertise of 
other Federal departments and agencies. 
‘‘(3) RESOURCE ALLOCATION CRITERIA.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
make available criteria for sharing information 
and deploying personnel to support a fusion 
center in the National Network of Fusion Cen-
ters in a manner consistent with the Depart-
ment’s mission and existing statutory limits.’’; 
and
183 
(B) in paragraph (4)(B), in the matter 
preceding clause (i), by inserting ‘‘in which 
such fusion center is located’’ after ‘‘region’’; 
(5) in subsection (d)— 
(A) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (4) as 
paragraph (5); 
(C) by inserting after paragraph (3) the 
following new paragraph: 
‘‘(4) assist, in coordination with the national 
cybersecurity and communications integration center 
under section 227, fusion centers in using informa-
tion relating to cybersecurity risks to develop a com-
prehensive and accurate threat picture;’’. 
(D) in paragraph (5), as so redesignated— 
(i) by striking ‘‘government’’ and in-
serting ‘‘governments’’; and 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(E) by adding at the end the following new 
paragraph: 
‘‘(6) utilize Department information, including 
information held by components and offices, to de-
184 
velop analysis focused on the mission of the Depart-
ment under section 101(b).’’; 
(6) in subsection (e)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) IN
GENERAL.—To the greatest extent 
practicable, the Secretary shall make it a priority to 
allocate resources, including deployed personnel, 
under this section from U.S. Customs and Border 
Protection, U.S. Immigration and Customs Enforce-
ment, and the Coast Guard to support fusion centers 
in the National Network of Fusion Centers located 
in jurisdictions along land or maritime borders of 
the United States in order to enhance the integrity 
of and security at such borders by helping Federal, 
State, local, tribal, and territorial law enforcement 
authorities to identify, investigate, and otherwise 
interdict persons, weapons, and related contraband 
that pose a threat to homeland security.’’; and 
(B) in paragraph (2), in the matter pre-
ceding subparagraph (A), by striking ‘‘partici-
pating State, local, and regional fusion centers’’ 
and inserting ‘‘fusion centers in the National 
Network of Fusion Centers’’; 
(7) in subsection (j)—
185 
(A) by redesignating paragraph (5) as 
paragraph (7); 
(B) 
by 
redesignating 
paragraphs 
(1) 
through (4) as paragraphs (2) through (5), re-
spectively; 
(C) by inserting before paragraph (2) the 
following new paragraph: 
‘‘(1) the term ‘cybersecurity risk’ has the mean-
ing given such term in section 227;’’. 
(D) in paragraph (5), as so redesignated, 
by striking ‘‘and’’ at the end; and 
(E) by inserting after such paragraph (5) 
the following new paragraph: 
‘‘(6) the term ‘National Network of Fusion 
Centers’ means a decentralized arrangement of fu-
sion centers intended to enhance individual State 
and urban area fusion centers’ ability to leverage the 
capabilities and expertise of all fusion centers for the 
purpose of enhancing analysis and homeland secu-
rity information sharing nationally; and’’; and 
(8) by striking subsection (k). 
(b) ACCOUNTABILITY REPORT.—Not later than one 
year after the date of the enactment of this Act and annu-
ally thereafter through 2024, the Under Secretary for In-
telligence and Analysis of the Department of Homeland
186 
Security shall report to the Committee on Homeland Secu-
rity and the Permanent Select Committee on Intelligence 
of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Se-
lect Committee on Intelligence of the Senate on the efforts 
of the Office of Intelligence and Analysis of the Depart-
ment and other relevant components and offices of the De-
partment to enhance support provided to fusion centers 
in the National Network of Fusion Centers, including 
meeting the requirements specified in section 210A of the 
Homeland Security Act of 2002 (6 U.S.C. 124h), as 
amended by subsection (a) of this section. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by striking the item relating to section 210A and 
inserting the following new item: 
‘‘Sec. 210A. Department of Homeland Security Fusion Center Partnership Ini-
tiative.’’. 
(d) REFERENCE.—Any reference in any law, rule, or 
regulation to the ‘‘Department of Homeland Security 
State, Local, and Regional Fusion Center Initiative’’ shall 
be deemed to be a reference to the ‘‘Department of Home-
land Security Fusion Center Partnership Initiative’’.
187 
SEC. 1312. FUSION CENTER PERSONNEL NEEDS ASSESS-
MENT. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall conduct an assessment of De-
partment of Homeland Security personnel assigned to fu-
sion centers pursuant to subsection (c) of section 210A 
of the Homeland Security Act of 2002 (6 U.S.C. 124h), 
as amended by this Act, including an assessment of wheth-
er deploying additional Department personnel to such fu-
sion centers would enhance the Department’s mission 
under section 101(b) of such Act and the National Net-
work of Fusion Centers. The assessment required under 
this subsection shall include the following: 
(1) Information on the current deployment of 
the Department’s personnel to each fusion center. 
(2) Information on the roles and responsibilities 
of the Department’s Office of Intelligence and Anal-
ysis intelligence officers, intelligence analysts, senior 
reports officers, reports officers, and regional direc-
tors deployed to fusion centers. 
(3) Information on Federal resources, in addi-
tion to personnel, provided to each fusion center. 
(4) An analysis of the optimal number of per-
sonnel the Office of Intelligence and Analysis should 
deploy to fusion centers, including a cost-benefit
189 
(2) NATIONAL
NETWORK
OF
FUSION
CEN-
TERS.—The term ‘‘National Network of Fusion Cen-
ters’’ has the meaning given such term in subsection 
(j) of section 210A of the Homeland Security Act of 
2002 (6 U.S.C. 124h), as amended by this Act. 
SEC. 1313. PROGRAM FOR STATE AND LOCAL ANALYST 
CLEARANCES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that any program established by the Under Sec-
retary for Intelligence and Analysis of the Department of 
Homeland Security to provide eligibility for access to in-
formation classified as Top Secret for State, local, tribal, 
and territorial analysts located in fusion centers shall be 
consistent with the need to know requirements pursuant 
to Executive Order No. 13526 (50 U.S.C. 3161 note). 
(b) REPORT.—Not later than two years after the date 
of the enactment of this Act, the Under Secretary of Intel-
ligence and Analysis of the Department of Homeland Se-
curity, in consultation with the Director of National Intel-
ligence, shall submit to the Committee on Homeland Secu-
rity and the Permanent Select Committee on Intelligence 
of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Se-
lect Committee on Intelligence of the Senate a report on 
the following:
190 
(1) The process by which the Under Secretary 
of Intelligence and Analysis determines a need to 
know pursuant to Executive Order No. 13526 to 
sponsor Top Secret clearances for appropriate State, 
local, tribal, and territorial analysts located in fusion 
centers. 
(2) The effects of such Top Secret clearances 
on enhancing information sharing with State, local, 
tribal, and territorial partners. 
(3) The cost for providing such Top Secret 
clearances for State, local, tribal, and territorial ana-
lysts located in fusion centers, including training 
and background investigations. 
(4) The operational security protocols, training, 
management, and risks associated with providing 
such Top Secret clearances for State, local, tribal, 
and territorial analysts located in fusion centers. 
(c) DEFINITION.—In this section, the term ‘‘fusion 
center’’ has the meaning given such term in subsection 
(j) of section 210A of the Homeland Security Act of 2002 
(6 U.S.C. 124h). 
SEC. 1314. INFORMATION TECHNOLOGY ASSESSMENT. 
(a) IN GENERAL.—The Under Secretary of Intel-
ligence and Analysis of the Department of Homeland Se-
curity, in collaboration with the Chief Information Officer
191 
of the Department and representatives from the National 
Network of Fusion Centers, shall conduct an assessment 
of information systems (as such term is defined in section 
3502 of title 44, United States Code) used to share home-
land security information between the Department and fu-
sion centers in the National Network of Fusion Centers 
and make upgrades to such systems, as appropriate. Such 
assessment shall include the following: 
(1) An evaluation of the accessibility and ease 
of use of such systems by fusion centers in the Na-
tional Network of Fusion Centers. 
(2) A review to determine how to establish im-
proved interoperability of departmental information 
systems with existing information systems used by 
fusion centers in the National Network of Fusion 
Centers. 
(3) An evaluation of participation levels of de-
partmental components and offices of information 
systems used to share homeland security information 
with fusion centers in the National Network of Fu-
sion Centers. 
(b) DEFINITIONS.—In this section: 
(1) FUSION CENTER.—The term ‘‘fusion cen-
ter’’ has the meaning given such term in subsection
192 
(j) of section 210A of the Homeland Security Act of 
2002 (6 U.S.C. 124h). 
(2) NATIONAL
NETWORK
OF
FUSION
CEN-
TERS.—The term ‘‘National Network of Fusion Cen-
ters’’ has the meaning given such term in subsection 
(j) of section 210A of the Homeland Security Act of 
2002 (6 U.S.C. 124h), as amended by this Act. 
SEC. 1315. DEPARTMENT OF HOMELAND SECURITY CLASSI-
FIED FACILITY INVENTORY AND DISSEMINA-
TION. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall, to the extent practicable— 
(1) maintain an inventory of those Department 
of Homeland Security facilities that the Department 
certifies to house classified infrastructure or systems 
at the secret level and above; 
(2) update such inventory on a regular basis; 
and 
(3) share part or all of such inventory with— 
(A) Department personnel who have been 
granted the appropriate security clearance; 
(B) non-Federal governmental personnel 
who have been granted a Top Secret security 
clearance; and
193 
(C) other personnel as determined appro-
priate by the Secretary. 
(b) INVENTORY.—The inventory of facilities de-
scribed in subsection (a) may include— 
(1) the location of such facilities; 
(2) the attributes of such facilities (including 
the square footage of, the total capacity of, the num-
ber of workstations in, and the number of conference 
rooms in, such facilities); 
(3) the entities that operate such facilities; and 
(4) the date of establishment of such facilities. 
SEC. 1316. TERROR INMATE INFORMATION SHARING. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, in coordination with the Attorney General and in con-
sultation with other appropriate Federal officials, shall, as 
appropriate, share with State, local, and regional fusion 
centers through the Department of Homeland Security 
Fusion Center Partnership Initiative under section 210A 
of the Homeland Security Act of 2002 (6 U.S.C. 124h), 
as amended by this Act, as well as other relevant law en-
forcement entities, release information from a Federal cor-
rectional facility, including the name, charging date, and 
expected place and date of release, of certain individuals 
who may pose a terrorist threat.
194 
(b) SCOPE.—The information shared pursuant to 
subsection (a) shall be— 
(1) for homeland security purposes; and 
(2) regarding individuals convicted of a Federal 
crime of terrorism (as such term is defined in sec-
tion 2332b of title 18, United States Code). 
(c) PERIODIC THREAT ASSESSMENTS.—Consistent 
with the protection of classified information and controlled 
unclassified information, the Secretary of Homeland Secu-
rity shall coordinate with appropriate Federal officials to 
provide State, local, and regional fusion centers described 
in subsection (a) with periodic assessments regarding the 
overall threat from known or suspected terrorists currently 
incarcerated in a Federal correctional facility, including 
the assessed risks of such populations engaging in ter-
rorist activity upon release. 
(d) PRIVACY PROTECTIONS.—Prior to affecting the 
information sharing described in subsection (a), the Sec-
retary shall receive input and advice from the Officer for 
Civil Rights and Civil Liberties, the Officer for Privacy 
and the Chief Intelligence Officer of the Department. 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as requiring the establishment of 
a list or registry of individuals convicted of terrorism.
195 
SEC. 1317. ANNUAL REPORT ON OFFICE FOR STATE AND 
LOCAL LAW ENFORCEMENT. 
Subsection (b) of section 2006 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 607) is amended— 
(1) by redesignating paragraph (5) as para-
graph (6); and 
(2) by inserting after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) ANNUAL
REPORT.—For each of fiscal 
years 2018 through 2022, the Assistant Secretary 
for State and Local Law Enforcement 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 a report on the activities of the Office for 
State and Local Law Enforcement. Each such re-
port shall include, for the fiscal year covered by the 
report, a description of each of the following: 
‘‘(A) Efforts to coordinate and share infor-
mation regarding Department and component 
agency programs with State, local, and tribal 
law enforcement agencies. 
‘‘(B) Efforts to improve information shar-
ing through the Homeland Security Information 
Network by appropriate component agencies of
196 
the Department and by State, local, and tribal 
law enforcement agencies. 
‘‘(C) The status of performance metrics 
within the Office of State and Local Law En-
forcement to evaluate the effectiveness of ef-
forts to carry out responsibilities set forth with-
in the subsection. 
‘‘(D) Any feedback from State, local, and 
tribal law enforcement agencies about the Of-
fice, including the mechanisms utilized to collect 
such feedback. 
‘‘(E) Efforts to carry out all other respon-
sibilities of the Office of State and Local Law 
Enforcement.’’. 
SEC. 1318. ANNUAL CATALOG ON DEPARTMENT OF HOME-
LAND SECURITY TRAINING, PUBLICATIONS, 
PROGRAMS, 
AND 
SERVICES 
FOR 
STATE, 
LOCAL, AND TRIBAL LAW ENFORCEMENT 
AGENCIES. 
Paragraph (4) of section 2006(b) of the Homeland 
Security Act of 2002 (6 U.S.C. 607(b)) is amended— 
(1) in subparagraph (E), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (F), by striking the period 
and inserting a semicolon; and
197 
(3) by adding at the end the following new sub-
paragraphs: 
‘‘(G) produce an annual catalog that sum-
marizes opportunities for training, publications, 
programs, and services available to State, local, 
and tribal law enforcement agencies from the 
Department and from each component and of-
fice within the Department and, not later than 
30 days after the date of such production, dis-
seminate the catalog, including by— 
‘‘(i) making such catalog available to 
State, local, and tribal law enforcement 
agencies, including by posting the catalog 
on the website of the Department and co-
operating with national organizations that 
represent such agencies; 
‘‘(ii) making such catalog available 
through the Homeland Security Informa-
tion Network; and 
‘‘(iii) submitting such catalog to the 
Committee on Homeland Security of the 
House of Representatives and the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate; and
198 
‘‘(H) in coordination with appropriate com-
ponents and offices of the Department and 
other Federal agencies, develop, maintain, and 
make available information on Federal re-
sources intended to support fusion center access 
to Federal information and resources.’’. 
TITLE IV—MARITIME SECURITY 
SEC. 1401. STRATEGIC PLAN TO ENHANCE THE SECURITY 
OF THE INTERNATIONAL SUPPLY CHAIN. 
Paragraph (2) of section 201(g) of the Security and 
Accountability for Every Port Act of 2006 (6 U.S.C. 
941(g)) is amended to read as follows: 
‘‘(2) UPDATES.—Not later than 270 days after 
the date of the enactment of this paragraph and 
every three years thereafter, the Secretary shall sub-
mit to the appropriate congressional committees a 
report that contains an update of the strategic plan 
required by subsection (a).’’. 
SEC. 1402. CONTAINER SECURITY INITIATIVE. 
Subsection (l) of section 205 of the Security and Ac-
countability for Every Port Act of 2006 (6 U.S.C. 945) 
is amended— 
(1) by striking ‘‘(1) IN GENERAL.—Not later 
than September 30, 2007,’’ and inserting ‘‘Not later 
than 270 days after the date of the enactment of the
199 
Border and Maritime Security Coordination Im-
provement Act,’’; 
(2) by redesignating subparagraphs (A) through 
(H) as paragraphs (1) through (8), respectively, and 
by moving the margins of such paragraphs (as so re-
designated) two ems to the left; and 
(3) by striking paragraph (2). 
SEC. 1403. CYBER AT PORTS. 
(a) CYBERSECURITY ENHANCEMENTS TO MARITIME 
SECURITY ACTIVITIES.—Subparagraph (B) of section 
70112(a)(2) of title 46, United States Code, is amended— 
(1) by redesignating clauses (i) through (iii) as 
clauses (ii) and (iv), respectively; and 
(2) by inserting before clause (ii) the following 
new clause: 
‘‘(i) shall facilitate the sharing of information 
relating to cybersecurity risks and incidents (as such 
terms are defined in section 227 of the Homeland 
Security Act of 2002 (6 U.S.C. 148)) to address 
port-specific cybersecurity risks and incidents, which 
may include the establishment of a working group of 
members of such committees to address such port- 
specific cybersecurity risks and incidents;’’. 
(b) VULNERABILITY ASSESSMENTS AND SECURITY 
PLANS.—Title 46, United States Code, is amended—