,,ib ,union ,calendar ,no4 #bbf #aadth ,,congress #ast ,session ,h4 ,r4 #cegb ,report ,no4 #aad-big ,,in ,,the ,,house ,,of ,,representatives ,september #ah1 #bjae ,mr4 ,mc,caul 7for himself and ,mr4 ,thompson of ,mississippi7 introduced the following bill2 which was referred to the ,committee on ,homeland ,security ,october #bj1 #bjae ,additional sponsor3 ,mrs4 ,watson ,coleman ,october #bj1 #bjae ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,september #ah1 #bjae ,a ,,bill ,to amend the ,homeland ,security ,act of #bjjb to reform1 streamline1 and make improvements to the ,department of ,homeland ,security and support the ,department's efforts to implement better policy1 planning1 management1 and performance1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,,dhs ,headquarters ,reform and ,improvement ,act of #bjae4 7b7 ,table of contents ,the table of contents for this ,act is the following3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,department of ,homeland ,security ,headquarters ,reauthorization ,sec4 #aja4 ,definitions4 ,sec4 #ajb4 ,headquarters components4 ,sec4 #ajc4 ,chief ,privacy ,officer4 ,sec4 #ajd4 ,office of ,policy4 ,sec4 #aje4 ,quadrennial homeland security review4 ,sec4 #ajf4 ,future years homeland security program4 ,sec4 #ajg4 ,management and execution4 ,sec4 #ajh4 ,chief ,financial ,officer4 ,sec4 #aji4 ,chief ,procurement ,officer4 ,sec4 #aaj4 ,chief ,information ,officer4 ,sec4 #aaa4 ,chief ,human ,capital ,officer4 ,sec4 #aab4 ,chief ,security ,officer4 ,sec4 #aac4 ,cost savings and efficiency reviews4 ,sec4 #aad4 ,field efficiencies plan4 ,sec4 #aae4 ,resources to respond to operational surges4 ,sec4 #aaf4 ,department of ,homeland ,security rotation program4 ,title ,,ii--,,dhs ,acquisition ,accountability and ,efficiency ,sec4 #bja4 ,definitions4 ,sec4 #bjb4 ,prohibition on additional authorization of appropriations4 ,subtitle ,a--,acquisition ,authorities ,sec4 #baa4 ,acquisition authorities for ,under ,secretary for ,management4 ,sec4 #bab4 ,acquisition authorities for ,chief ,financial ,officer4 ,sec4 #bac4 ,acquisition authorities for ,chief ,information ,officer4 ,sec4 #bad4 ,requirements to ensure greater accountability for acquisition programs4 ,subtitle ,b--,acquisition ,program ,management ,discipline ,sec4 #bba4 ,acquisition ,review ,board4 ,sec4 #bbb4 ,requirements to reduce duplication in acquisition programs4 ,sec4 #bbc4 ,government ,accountability ,office review of ,board and of requirements to reduce duplication in acquisition programs4 ,sec4 #bbd4 ,excluded ,party ,list ,system waivers4 ,sec4 #bbe4 ,inspector ,general oversight of suspension and debarment4 ,subtitle ,c--,acquisition ,program ,management ,accountability and ,transparency ,sec4 #bca4 ,congressional notification and other requirements for major acquisition program breach4 ,sec4 #bcb4 ,multiyear acquisition strategy4 ,sec4 #bcc4 ,acquisition reports4 ,sec4 #bcd4 ,government ,accountability ,office review of multiyear acquisition strategy4 ,sec4 #bce4 ,office of ,inspector ,general report4 ,i ,department of ,homeland ,security ,headquarters ,reauthorization #aja4 ,definitions ,section #b of the ,homeland ,security ,act of #bjjb is amended-- 7#a7 by redesignating paragraphs 7#ac7 through 7#ah7 as paragraphs 7#ae7 through 7#bj72 7#b7 by redesignating paragraphs 7#i7 through 7#ab7 as paragraphs 7#aj7 through 7#ac72 7#c7 by inserting after paragraph 7#h7 the following3 7#i7 ,the term homeland security enterprise means relevant governmental and nongovernmental entities involved in homeland security1 including ,federal1 ,state1 local1 and tribal government officials1 private sector representatives1 academics1 and other policy experts4 2 and 7#d7 by inserting after paragraph 7#ac71 as so redesignated1 the following3 7#ad7 ,the term management integration and transformation-- 7,a7 means the development of consistent and consolidated functions for information technology1 financial management1 acquisition management1 and human capital management2 and 7,b7 includes governing processes and procedures1 management systems1 personnel activities1 budget and resource planning1 training1 real estate management1 and provision of security1 as they relate to functions cited in subparagraph 7,a74 4 #ajb4 ,headquarters components 7a7 ,in general ,section #ajb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aab7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a71 by striking through the ,office of ,state and ,local ,coordination 7established under section #hja7 and inserting through the ,office of ,partnership and ,engagement2 7,b7 in paragraph 7#b71 by striking and after the semicolon at the end2 7,c7 in paragraph 7#c71 by striking the period and inserting 2 and2 and 7,d7 by adding at the end the following3 7#d7 entering into agreements with governments of other countries1 in consultation with the ,secretary of ,state1 and international nongovernmental organizations in order to achieve the missions of the ,department4 2 and 7#b7 by adding at the end the following3 7h7 ,headquarters 7#a7 ,components ,the ,department ,headquarters shall include the following3 7,a7 ,the ,office of the ,secretary4 7,b7 ,the ,office of the ,deputy ,secretary4 7,c7 ,the ,executive ,secretariat4 7,d7 ,the ,management ,directorate1 including the ,office of the ,chief ,financial ,officer4 7,e7 ,the ,office of ,policy4 7,f7 ,the ,office of ,general ,counsel4 7,g7 ,the ,office of the ,chief ,privacy ,officer4 7,h7 ,the ,office of ,civil ,rights and ,civil ,liberties4 7,i7 ,the ,office of ,operations and ,coordination and ,planning4 7,j7 ,the ,office of ,intelligence and ,analysis4 7,k7 ,the ,office of ,legislative ,affairs4 7,l7 ,the ,office of ,public ,affairs4 7#b7 ,functions ,the ,secretary1 through the ,headquarters1 shall-- 7,a7 establish the ,department's overall strategy for successfully completing its mission2 7,b7 establish initiatives that improve performance ,department-wide2 7,c7 establish mechanisms to ensure that components of the ,department comply with ,headquarters policies and fully implement the ,secretary's strategies and initiatives and require the head of each component of the ,department and component chief officers to comply with such policies and implement such strategies and initiatives2 7,d7 establish annual operational and management objectives to determine the ,department's performance2 7,e7 ensure that the ,department successfully meets operational and management performance objectives through conducting oversight of component agencies2 7,f7 ensure that the strategies1 priorities1 investments1 and workforce of ,department agencies align with ,department objectives2 7,g7 establish and implement policies related to ,department ethics and compliance standards2 7,h7 manage and encourage shared services across ,department components2 7,i7 lead and coordinate interaction with ,congress and other external organizations2 and 7,j7 carry out other such functions as the ,secretary determines are appropriate4 4 7b7 ,abolishment of ,director of ,shared ,services 7#a7 ,abolishment ,the position of ,director of ,shared ,services is abolished4 7#b7 ,conforming amendment ,section #dge of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bie71 and the item relating to such section in the table of contents in section #a7;b7 of such ,act1 are repealed4 7c7 ,abolishment of the ,office of ,counternarcotics ,enforcement 7#a7 ,abolishment ,the ,office of ,counternarcotics ,enforcement is abolished4 7#b7 ,conforming amendments ,the ,homeland ,security ,act of #bjjb is amended-- 7,a7 by repealing section #hgh 7#f ,u4,s4,c4 #aab71 and the item relating to that section in the table of contents in section #a7;b7 of such ,act2 and 7,b7 in subparagraph 7,b7 of section #hdc7;b77#a7 7#f ,u4,s4,c4 #dac7;b77#a771 by striking by-- and all that follows through the end of that subparagraph and inserting by the ,secretary2 and4 #ajc4 ,chief ,privacy ,officer 7a7 ,in general ,section #bbb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #adb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by inserting to be the ,chief ,privacy ,officer of the ,department1 after in the ,department12 and 7ii7 by striking 1 to assume and inserting and who shall have2 7,b7 by amending paragraph 7#f7 to read as follows3 7#f7 preparing a report to ,congress on an annual basis on-- 7,a7 activities of the ,department that affect privacy1 including complaints of privacy violations1 implementation of section #eed of title #e1 ,united ,states ,code 7popularly known as the ,privacy ,act of #aigd71 internal controls1 and other matters2 and 7,b7 the number of new technology programs implemented in the ,department each fiscal year1 the number of those programs that the ,chief ,privacy ,officer has evaluated to ensure that privacy protections are considered and implemented1 the number of those programs that effectively implemented privacy protections into new technology programs1 and an explanation of why any new programs did not effectively implement privacy protections4 2 7#c7 by redesignating subsections 7b7 through 7e7 as subsections 7c7 through 7f72 and 7#d7 by inserting after subsection 7a7 the following3 7b7 ,additional responsibilities ,in addition to the responsibilities under subsection 7a71 the ,chief ,privacy ,officer shall-- 7#a7 develop guidance to assist components of the ,department in developing privacy policies and practices2 7#b7 establish a mechanism to ensure such components are in compliance with ,federal1 regulatory1 statutory1 and the ,department's privacy requirements1 mandates1 directives1 and policy2 7#c7 work with the ,chief ,information ,officer of the ,department to identify methods for managing and overseeing the ,department's records1 management policies1 and procedures2 7#d7 work with components and offices of the ,department to ensure that information sharing activities incorporate privacy protections2 7#e7 serve as the ,department's central office for managing and processing requests related to section #eeb of title #e1 ,united ,states ,code1 popularly known as the ,freedom of ,information ,act2 7#f7 develop public guidance on procedures to be followed when making requests for information under section #eeb of title #e1 ,united ,states ,code2 7#g7 oversee the management and processing of requests for information under section #eeb of title #e1 ,united ,states ,code1 within ,department ,headquarters and relevant ,department component offices2 7#h7 identify and eliminate unnecessary and duplicative actions taken by the ,department in the course of processing requests for information under section #eeb of title #e1 ,united ,states ,code2 and 7#i7 carry out such other responsibilities as the ,secretary determines are appropriate1 consistent with this section4 2 and 7#e7 by adding at the end the following3 7g7 ,reassignment of functions ,the ,secretary may reassign the functions related to managing and processing requests for information under section #eeb of title #e1 ,united ,states ,code1 to another officer within the ,department1 consistent with requirements of that section4 4 #ajd4 ,office of ,policy 7a7 ,in general ,the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended by-- 7#a7 redesignating section #fja as section #hij;,b1 and transferring that section to appear immediately after section #hij;,a2 and 7#b7 striking the heading for title ,,vi and inserting the following3 ,,vi ,,policy ,,and ,,planning #fja4 ,office of ,policy 7a7 ,establishment of office ,there shall be in the ,department an ,office of ,policy4 ,the ,office of ,policy shall be headed by an ,under ,secretary for ,policy1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7b7 ,mission ,the mission of the ,office of ,policy is to lead1 conduct1 and coordinate ,department-wide policy1 strategic planning1 and relationships with organizations or persons that are not part of the ,department4 7c7 ,components of ,office ,the ,office of ,policy shall include the following components3 7#a7 ,the ,office of ,partnership and ,engagement under section #fjb4 7#b7 ,the ,office of ,international ,affairs under section #fjc4 7#c7 ,the ,office of ,policy ,implementation under section #fjd4 7#d7 ,the ,office of ,strategy and ,planning under section #fje4 7d7 ,responsibilities of the ,under ,secretary ,subject to the direction and control of the ,secretary1 the ,under ,secretary for ,policy shall-- 7#a7 serve as the principal policy advisor to the ,secretary2 7#b7 coordinate with the ,under ,secretary for ,management and the ,general ,counsel of the ,department to ensure that development of the ,department's budget is compatible with the priorities1 strategic plans1 and policies established by the ,secretary1 including those priorities identified through the ,quadrennial ,homeland ,security ,review required under section #gjg2 7#c7 incorporate relevant feedback from1 and oversee and coordinate relationships with1 organizations and other persons that are not part of the ,department to ensure effective communication of outside stakeholders' perspectives to components of the ,department2 7#d7 establish a process to ensure that organizations and other persons that are not part of the ,department can communicate with ,department components without compromising adherence by the officials of such components to the ,department's ethics and policies2 7#e7 manage and coordinate the ,department's international engagement activities2 7#f7 advise1 inform1 and assist the ,secretary on the impact of the ,department's policy1 processes1 and actions on ,state1 local1 tribal1 and territorial governments2 7#g7 oversee the ,department's engagement and development of partnerships with nonprofit organizations and academic institutions2 7#h7 administer the ,homeland ,security ,advisory ,council and make studies available 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 basis2 and 7#i7 carry out such other responsibilities as the ,secretary determines are appropriate1 consistent with this section4 7e7 ,coordination by ,department components 7#a7 ,in general ,to ensure consistency with the ,secretary's policy priorities1 the head of each component of the ,department shall coordinate with the ,office of ,policy1 as appropriate1 in establishing new policies or strategic planning guidance4 7#b7 ,international activities 7,a7 ,foreign negotiations ,each component of the ,department shall coordinate with the ,under ,secretary for ,policy plans and efforts of the component before pursuing negotiations with foreign governments1 to ensure consistency with the ,department's policy priorities4 7,b7 ,notice of international travel by senior officers ,each component of the ,department shall notify the ,under ,secretary for ,policy of the international travel of senior officers of the ,department4 7f7 ,assignment of personnel ,the ,secretary shall assign to the ,office of ,policy permanent staff and1 as appropriate and consistent with sections #ejf7;c77#b71 #hba1 and #hhh7;d71 other appropriate personnel detailed from other components of the ,department to carry out the responsibilities under this section4 7g7 ,deputy ,under ,secretary for ,policy 7#a7 ,in general ,the ,secretary may-- 7,a7 establish within the ,department of ,homeland ,security a position1 to be called the ,deputy ,under ,secretary for ,policy1 to support the ,under ,secretary for ,policy in carrying out the ,under ,secretary's responsibilities2 and 7,b7 appoint a career employee to such position4 7#b7 ,limitation on establishment of ,deputy ,under ,secretary positions ,a ,deputy ,under ,secretary position 7or any substantially similar position7 within the ,department of ,homeland ,security may not be established except for the position provided for by paragraph 7#a7 unless the ,secretary of ,homeland ,security receives prior authorization from ,congress4 7#c7 ,definitions ,for purposes of paragraph 7#a7-- 7,a7 the term career employee means any employee 7as that term is defined in section #baje of title #e1 ,united ,states ,code71 but does not include a political appointee2 and 7,b7 the term political appointee means any employee who occupies a position which has been excepted from the competitive service by reason of its confidential1 policy-determining1 policy-making1 or policy-advocating character4 #fjb4 ,office of ,partnership and ,engagement 7a7 ,in general ,there shall be in the ,office of ,policy an ,office of ,partnership and ,engagement4 7b7 ,head of ,office ,the ,secretary shall appoint an ,assistant ,secretary for ,partnership and ,engagement to serve as the head of the ,office4 7c7 ,responsibilities ,the ,assistant ,secretary for ,partnership and ,engagement shall-- 7#a7 lead the coordination of ,department-wide policies relating to the role of ,state and local law enforcement in preventing1 preparing for1 protecting against1 and responding to natural disasters1 acts of terrorism1 and other man-made disasters within the ,united ,states2 7#b7 serve as a liaison between ,state1 local1 and tribal law enforcement agencies and the ,department1 including through consultation with such agencies regarding ,department programs that may impact such agencies2 7#c7 coordinate with the ,office of ,intelligence and ,analysis to certify the intelligence and information sharing requirements of ,state1 local1 and tribal law enforcement agencies are being addressed2 7#d7 work with the ,administrator to ensure that law enforcement and terrorism-focused grants to ,state1 local1 and tribal government agencies1 including grants under sections #bjjc and #bjjd1 the ,commercial ,equipment ,direct ,assistance ,program1 and other grants administered by the ,department to support fusion centers and law enforcement-oriented programs1 are appropriately focused on terrorism prevention activities2 7#e7 coordinate with the ,science and ,technology ,directorate1 the ,federal ,emergency ,management ,agency1 the ,department of ,justice1 the ,national ,institute of ,justice1 law enforcement organizations1 and other appropriate entities to support the development1 promulgation1 and updating1 as necessary1 of national voluntary consensus standards for training and personal protective equipment to be used in a tactical environment by law enforcement officers2 7#f7 create and foster strategic communications with the private sector to enhance the primary mission of the ,department to protect the ,american homeland2 7#g7 advise the ,secretary on the impact of the ,department's policies1 regulations1 processes1 and actions on the private sector2 7#h7 interface with other relevant ,federal agencies with homeland security missions to assess the impact of these agencies' actions on the private sector2 7#i7 create and manage private sector advisory councils composed of representatives of industries and associations designated by the ,secretary to-- 7,a7 advise the ,secretary on private sector products1 applications1 and solutions as they relate to homeland security challenges2 7,b7 advise the ,secretary on homeland security policies1 regulations1 processes1 and actions that affect the participating industries and associations2 and 7,c7 advise the ,secretary on private sector preparedness issues1 including effective methods for-- 7i7 promoting voluntary preparedness standards to the private sector2 and 7ii7 assisting the private sector in adopting voluntary preparedness standards2 7#aj7 promote existing public-private partnerships and developing new public-private partnerships to provide for collaboration and mutual support to address homeland security challenges2 7#aa7 assist in the development and promotion of private sector best practices to secure critical infrastructure2 7#ab7 provide information to the private sector regarding voluntary preparedness standards and the business justification for preparedness and promoting to the private sector the adoption of voluntary preparedness standards2 7#ac7 coordinate industry efforts1 with respect to functions of the ,department of ,homeland ,security1 to identify private sector resources and capabilities that could be effective in supplementing ,federal1 ,state1 and local government agency efforts to prevent or respond to a terrorist attack2 7#ad7 coordinate with the ,commissioner of ,customs and ,border ,protection and the appropriate senior official of the ,department of ,commerce on issues related to the travel and tourism industries2 7#ae7 coordinate the activities of the ,department relating to ,state and local government2 7#af7 assess1 and advocate for1 the resources needed by ,state and local governments to implement the national strategy for combating terrorism2 7#ag7 provide ,state and local governments with regular information1 research1 and technical support to assist local efforts at securing the homeland2 7#ah7 develop a process for receiving meaningful input from ,state and local governments to assist the development of the national strategy for combating terrorism and other homeland security activities2 and 7#ai7 perform such other functions as are established by law or delegated to such ,assistant ,secretary by the ,under ,secretary for ,policy4 #fjc4 ,office of ,international ,affairs 7a7 ,in general ,there shall be in the ,office of ,policy an ,office of ,international ,affairs4 7b7 ,head of ,office ,the ,secretary shall appoint an ,assistant ,secretary for ,international ,affairs to serve as the head of the ,office and as the chief diplomatic officer of the ,department4 7c7 ,functions 7#a7 ,in general ,the ,assistant ,secretary for ,international ,affairs shall-- 7,a7 coordinate international activities within the ,department1 including activities carried out by the components of the ,department1 in consultation with other ,federal officials with responsibility for counterterrorism and homeland security matters2 7,b7 advise1 inform1 and assist the ,secretary with respect to the development and implementation of ,departmental policy priorities1 including strategic priorities for the deployment of assets1 including personnel1 outside the ,united ,states2 7,c7 develop1 in consultation with the ,under ,secretary for ,management1 guidance for selecting1 assigning1 training1 and monitoring overseas deployments of ,department personnel1 including minimum standards for predeployment training2 7,d7 develop and update1 in coordination with all components of the ,department engaged in international activities1 a strategic plan for the international activities of the ,department1 establish a process for managing its implementation1 and establish mechanisms to monitor the alignment between assets1 including personnel1 deployed by the ,department outside the ,united ,states and the plan required by this subparagraph2 7,e7 develop and distribute guidance on ,department policy priorities for overseas activities to personnel deployed overseas1 that1 at a minimum1 sets forth the regional and national priorities being advanced by their deployment1 and establish mechanisms to foster better coordination of ,department personnel1 programs1 and activities deployed outside the ,united ,states2 7,f7 maintain awareness regarding the international travel of senior officers of the ,department and their intent to pursue negotiations with foreign government officials1 and review resulting draft agreements2 7,g7 develop1 in consultation with the components of the ,department1 including1 as appropriate1 with the ,under ,secretary for the ,science and ,technology ,directorate1 programs to support the overseas programs conducted by the ,department1 including training1 technical assistance1 and equipment to ensure that ,department personnel deployed abroad have proper resources and receive adequate and timely support2 7,h7 conduct the exchange of homeland security information1 in consultation with the ,under ,secretary of the ,office of ,intelligence and ,analysis1 and best practices relating to homeland security with foreign nations that1 in the determination of the ,secretary1 reciprocate the sharing of such information in a substantially similar manner2 7,i7 submit information to the ,under ,secretary for ,policy for oversight purposes1 including preparation of the quadrennial homeland security review and on the status of overseas activities1 including training and technical assistance and information exchange activities and the ,department's resources dedicated to these activities2 7,j7 promote1 when appropriate1 and oversee the exchange of education1 training1 and information with nations friendly to the ,united ,states in order to share best practices relating to homeland security2 and 7,k7 perform such other functions as are established by law or delegated by the ,under ,secretary for ,policy4 7#b7 ,inventory of assets deployed abroad ,for each fiscal year1 the ,assistant ,secretary for ,international ,affairs1 in coordination with the ,under ,secretary for ,management1 shall provide to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate with the annual budget request for the ,department1 an annual accounting of all assets of the ,department1 including personnel1 deployed outside the ,united ,states on behalf of the ,department4 7#c7 ,standardized framework for cost data ,the ,assistant ,secretary for ,international ,affairs shall utilize a standardized framework to collect and maintain comparable cost data for all assets of the ,department1 including personnel1 deployed outside the ,united ,states to prepare the annual accounting required by paragraph 7#b74 7#d7 ,exclusions ,this subsection does not apply to international activities related to the protective mission of the ,united ,states ,secret ,service1 or to the ,coast ,guard when operating under the direct authority of the ,secretary of ,defense or the ,secretary of the ,navy4 #fjd4 ,office of ,policy ,implementation 7a7 ,in general ,there shall be in the ,office of ,policy an ,office of ,policy ,implementation4 7b7 ,head of ,office ,the ,secretary shall appoint a ,director of the ,office of ,policy ,implementation to serve as the head of the ,office4 7c7 ,responsibilities ,the ,director of the ,office of ,policy ,implementation shall lead1 conduct1 coordinate1 and provide overall direction and supervision of ,department-wide policy development for the programs1 offices1 and activities of the ,department1 in consultation with relevant officials of the ,department1 to ensure quality1 consistency1 and integration across the ,department1 as appropriate4 #fje4 ,office of ,strategy and ,planning 7a7 ,in general ,there shall be in the ,office of ,policy of the ,department an ,office of ,strategy and ,planning4 7b7 ,head of ,office ,the ,secretary shall appoint a ,director of the ,office of ,strategy and ,planning who shall serve as the head of the ,office4 7c7 ,responsibilities ,the ,director of the ,office of ,strategy and ,planning shall-- 7#a7 lead and conduct long-term ,department-wide strategic planning1 including the ,quadrennial ,homeland ,security ,review and planning guidance for the ,department1 and translate the ,department's statutory responsibilities1 strategic plans1 and long-term goals into risk-based policies and procedures that improve operational effectiveness2 and 7#b7 develop strategies to address unconventional threats to the homeland4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended-- 7#a7 by striking the items relating to title ,,vi and inserting the following3 ,title ,,vi--,policy and ,planning ,sec4 #fja4 ,office of ,policy4 ,sec4 #fjb4 ,office of ,partnership and ,engagement4 ,sec4 #fjc4 ,office of ,international ,affairs4 ,sec4 #fjd4 ,office of ,policy ,implementation4 ,sec4 #fje4 ,office of ,strategy and ,planning4 4 7#b7 by inserting after the item relating to section #hij;,a the following3 ,sec4 #hij;,b4 ,treatment of charitable trusts for members of the ,armed ,forces of the ,united ,states and other governmental organizations4 4 7c7 ,appointment of ,under ,secretary for ,policy2 continuation of service of ,assistant ,secretary 7#a7 ,time of appointment ,the ,president may appoint an ,under ,secretary for ,policy under section #fja of the ,homeland ,security ,act of #bjjb1 as amended by this ,act1 only on or after ,january #bj1 #bjag4 7#b7 ,head of office pending appointment ,the individual serving as the ,assistant ,secretary for ,policy of the ,department of ,homeland ,security on the date of the enactment of this ,act1 or their successor1 may continue to serve as an ,assistant ,secretary and as the head of the ,office of ,policy established by such section1 until the date on which the ,under ,secretary for ,policy is appointed under such section in accordance with paragraph 7#a74 7d7 ,appointment of ,assistant ,secretary for ,international ,affairs2 abolishment of existing office 7#a7 ,time of appointment ,the ,secretary of ,homeland ,security may appoint an ,assistant ,secretary for ,international ,affairs under section #fjb of the ,homeland ,security ,act of #bjjb1 as amended by this ,act1 only on or after ,january #bj1 #bjag4 7#b7 ,head of office pending appointment ,the individual serving as the ,assistant ,secretary for ,international ,affairs of the ,department of ,homeland ,security on the date of the enactment of this ,act1 or their successor1 may continue to serve as a ,deputy ,assistant ,secretary and as the head of the ,office of ,international ,affairs established by such section1 until the date the ,under ,secretary for ,policy is appointed under such section in accordance with paragraph 7#a74 7#c7 ,abolishment of existing office4 7,a7 ,in general ,the ,office of ,international ,affairs within the ,office of the ,secretary is abolished4 7,b7 ,transfer of assets and personnel ,the assets and personnel associated with such ,office are transferred to the head of the ,office of ,international ,affairs provided for by section #fjc of the ,homeland ,security ,act of #bjjb1 as amended by this ,act4 7,c7 ,conforming amendment ,section #hgi of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dei71 and the item relating to such section in section #a7;b7 of such ,act1 are repealed4 7e7 ,abolishment of ,office for ,state and ,local ,law ,enforcement 7#a7 ,in general ,the ,office for ,state and ,local ,law ,enforcement of the ,department of ,homeland ,security is abolished4 7#b7 ,transfer of functions1 assets1 and personnel ,the functions authorized to be performed by such office immediately before the enactment of this ,act1 and the assets and personnel associated with such functions1 are transferred to the head of the ,office of ,partnership and ,engagement provided for by section #fjb of the ,homeland ,security ,act of #bjjb1 as amended by this ,act4 7#c7 ,conforming amendment ,subsection 7b7 of section #bjjf of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjg7 is repealed4 7f7 ,abolishment of ,office for ,state and ,local ,government ,coordination 7#a7 ,in general ,the ,office for ,state and ,local ,government ,coordination of the ,department of ,homeland ,security is abolished4 7#b7 ,transfer of functions and assets ,the functions authorized to be performed by such office immediately before the enactment of this ,act1 and the assets and personnel associated with such functions1 are transferred to the head of ,office of ,partnership and ,engagement provided for by section #fjb of the ,homeland ,security ,act of #bjjb1 as amended by this ,act4 7#c7 ,conforming amendments ,section #hja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fca71 and the item relating to that section in the table of contents in section #a7;b7 of such ,act1 are repealed4 7g7 ,abolishment of ,special ,assistant to the ,secretary 7#a7 ,in general ,the ,special ,assistant to the ,secretary authorized by section #ajb7;f7 of the ,homeland ,security ,act of #bjjb1 as in effect immediately before the enactment of this ,act 7#f ,u4,s4,c4 #aab7;f771 is abolished4 7#b7 ,transfer of functions and assets ,the functions authorized to be performed by such ,special ,assistant to the ,secretary immediately before the enactment of this ,act1 and the assets and personnel associated with such functions1 are transferred to the head of the ,office of ,partnership and ,engagement provided for by section #fjb of the ,homeland ,security ,act of #bjjb1 as amended by this ,act4 7#c7 ,conforming amendment ,section #ajb7;f7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aab7;f77 is repealed4 7h7 ,conforming amendments relating to ,assistant ,secretaries ,section #ajc7;a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aac7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking subparagraph 7,i7 and redesignating subparagraph 7,j7 as subparagraph 7,i72 and 7#b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,assistant ,secretaries 7,a7 ,advice and consent appointments ,the ,department shall have the following ,assistant ,secretaries appointed by the ,president1 by and with the advice and consent of the ,senate3 7i7 ,the ,assistant ,secretary1 ,u4,s4 ,immigration and ,customs ,enforcement4 7ii7 ,the ,assistant ,secretary1 ,transportation ,security ,administration4 7,b7 ,other ,presidential appointments ,the ,department shall have the following ,assistant ,secretaries appointed by the ,president3 7i7 ,the ,assistant ,secretary1 ,infrastructure ,protection4 7ii7 ,the ,assistant ,secretary1 ,office of ,public ,affairs4 7iii7 ,the ,assistant ,secretary1 ,office of ,legislative ,affairs4 7,c7 ,secretarial appointments ,the ,department shall have the following ,assistant ,secretaries appointed by the ,secretary3 7i7 ,the ,assistant ,secretary1 ,office of ,cybersecurity and ,communications4 7ii7 ,the ,assistant ,secretary for ,international ,affairs under section #fjb4 7iii7 ,the ,assistant ,secretary for ,partnership and ,engagement under section #fjc4 7,d7 ,limitation on creation of positions ,no ,assistant ,secretary position may be created in addition to the positions provided for by this section unless such position is authorized by a statute enacted after the date of the enactment of the ,,dhs ,headquarters ,reform and ,improvement ,act of #bjae4 4 7i7 ,homeland ,security ,advisory ,council ,section #ajb7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aab7;b77 is amended by striking and after the semicolon at the end of paragraph 7#b71 striking the period at the end of paragraph 7#c7 and inserting 2 and1 and adding at the end the following3 7#d7 shall establish a ,homeland ,security ,advisory ,council to provide advice and recommendations on homeland-security-related matters4 4 7j7 ,prohibition on new offices ,no new office may be created to perform functions transferred by this section1 other than as provided in section #fja of the ,homeland ,security ,act of #bjjb1 as amended by this ,act1 unless the ,secretary of ,homeland ,security receives prior authorization from ,congress permitting such change4 7k7 ,definitions ,in this section each of the terms functions1 assets1 and personnel has the meaning that term has under section #b of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja74 7l7 ,duplication review ,the ,secretary of ,homeland ,security shall-- 7#a7 within #a year after the date of the enactment of this ,act1 complete a review of the international affairs offices1 functions1 and responsibilities of the components of the ,department of ,homeland ,security1 to identify and eliminate areas of unnecessary duplication2 and 7#b7 within #cj days after the completion of such review1 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 ,senate4 #aje4 ,quadrennial homeland security review ,section #gjg of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdg7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,review required ,in fiscal year #bjag1 and every #d years thereafter1 the ,secretary shall conduct a review of the homeland security of the ,nation 7in this section referred to as a quadrennial homeland security review74 ,such review shall be conducted so that it is completed1 and the report under subsection 7c7 is issued1 by no later than ,december #ca1 #bjag1 and by ,december #ca of every fourth year thereafter4 2 and 7,b7 in paragraph 7#c7 by striking ,the ,secretary shall conduct each quadrennial homeland security review under this subsection in consultation with and inserting ,in order to ensure that each quadrennial homeland security review conducted under this section is coordinated with the quadrennial defense review conducted by the ,secretary of ,defense under section #aah of title #aj1 ,united ,states ,code1 and any other major strategic review relating to diplomacy1 intelligence1 or other national security issues1 the ,secretary shall conduct and obtain information and feedback from entities of the homeland security enterprise through2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#e71 by striking and after the semicolon at the end2 7,b7 in paragraph 7#f71 by striking the period and inserting 2 and2 and 7,c7 by adding after paragraph 7#f7 the following3 7#g7 leverage analytical tools and resources developed as part of the quadrennial homeland security review to support the ,department's ongoing programs and missions4 2 7#c7 in subsection 7c77#b7-- 7,a7 by striking and after the semicolon at the end of subparagraph 7,h72 7,b7 by redesignating subparagraph 7,i7 as subparagraph 7,l72 and 7,c7 by inserting after subparagraph 7,h7 the following3 7,i7 a description of how the conclusions under the quadrennial homeland security review will inform efforts to develop capabilities and build capacity of ,states1 local governments1 ,indian tribes1 and private entities1 and of individuals1 families1 and communities2 7,j7 as appropriate1 proposed changes to the authorities1 organization1 governance structure1 or business processes 7including acquisition processes7 of the ,department in order to better fulfill responsibilities of the ,department2 7,k7 where appropriate1 a classified annex1 including materials prepared pursuant to section #cjf of title #e1 relating to the preparation of an agency strategic plan1 to satisfy1 in whole or in part1 the reporting requirements of this paragraph2 and 4 #ajf4 ,future years homeland security program ,section #hgd of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #ded7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,in general ,not later than the #cj days following the date of each fiscal year on which the budget of the ,president is submitted to ,congress under section #aaje7;a7 of title #ca1 ,united ,states ,code1 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 ,senate a ,future ,years ,homeland ,security ,program that provides detailed estimates of the projected expenditures and corresponding requests for appropriations included in that budget4 ,the ,future ,years ,homeland ,security ,program shall cover the fiscal year for which the budget is submitted and the #d succeeding fiscal years4 2 and 7#b7 by adding at the end the following3 7d7 ,consistency of budget request with estimates ,for each fiscal year1 the ,secretary shall ensure that the projected amounts specified in program and budget information for the ,department submitted to ,congress in support of the ,president's budget request are consistent with the estimated expenditures and proposed appropriations necessary to support the programs1 projects1 and activities of the ,department included in the budget pursuant to section #aaje7;a77#e7 of title #ca1 ,united ,states ,code4 7e7 ,explanation of alignment with strategies and plans ,together with the detailed estimates of the projected expenditures and corresponding requests for appropriations submitted for the ,future ,years ,homeland ,security ,program1 the ,secretary shall provide an explanation of how those estimates and requests align with the homeland security strategies and plans developed and updated as appropriate by the ,secretary4 ,such explanation shall include an evaluation of the organization1 organizational structure1 governance structure1 and business processes 7including acquisition processes7 of the ,department1 to ensure that the ,department is able to meet its responsibilities4 7f7 ,projection of acquisition estimates ,each ,future ,years ,homeland ,security ,program shall project-- 7#a7 acquisition estimates for a period of #e fiscal years1 with specified estimates for each fiscal year1 for major acquisition programs by the ,department and each component therein1 including modernization and sustainment expenses2 and 7#b7 estimated annual deployment schedules for major acquisition programs over the #e-;fiscal-year period4 7g7 ,contingency amounts ,nothing in this section shall be construed as prohibiting the inclusion in the ,future ,years ,homeland ,security ,program of amounts for management contingencies1 subject to the requirements of subsection 7b74 7h7 ,classified or sensitive annex ,the ,secretary may include with each submission under this section a classified or sensitive annex containing any information required to be submitted under this section that is restricted from public disclosure in accordance with ,federal law1 including information that is determined to be ,sensitive ,security ,information under section #ecg of the ,department of ,homeland ,security ,appropriations ,act1 #bjjf 7#f ,u4,s4,c4 #aad7 to ,congress in a classified or sensitive annex4 7i7 ,availability of information to the public ,the ,secretary shall make available to the public in electronic form the information required to be submitted to ,congress under this section1 other than information described in subsection 7h74 4 #ajg4 ,management and execution ,section #gja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda7 is amended by striking subsections 7a7 and 7b7 and inserting the following3 7a7 ,in general ,subject to the direction and control of the ,secretary1 the ,under ,secretary for ,management shall serve as the following3 7#a7 ,the ,chief ,management ,officer for all matters related to the management and administration of the ,department in support of homeland security operations and programs4 ,with regard to the management functions for which the ,under ,secretary has responsibility by law or by direction of the ,secretary1 the ,under ,secretary for ,management takes precedence in the ,department after the ,secretary and the ,deputy ,secretary of ,homeland ,security4 7#b7 ,the senior official with the authority to administer1 implement1 and direct management integration and transformation across functional disciplines of the ,department1 including-- 7,a7 information technology1 financial management1 acquisition management1 and human capital management of the ,department to improve program efficiency and effectiveness2 7,b7 ensure compliance with laws1 rules1 regulations1 and the ,department's policies2 7,c7 conduct regular oversight2 and 7,d7 prevent unnecessary duplication of programs in the ,department4 7b7 ,responsibilities ,in addition to responsibilities designated by the ,secretary or otherwise established by law1 the ,under ,secretary for ,management shall be responsible for performing1 or delegating responsibility for performing1 the following activities of the ,department3 7#a7 ,development of the budget1 management of appropriations1 expenditures of funds1 accounting1 and finance4 7#b7 ,acquisition and procurement activities under section #gja7;d74 7#c7 ,human resources and personnel4 7#d7 ,information technology and communication systems1 in consultation with the ,under ,secretary for ,intelligence and ,analysis1 as appropriate4 7#e7 ,facilities1 property1 equipment1 and other material resources4 7#f7 ,real property and personal property4 7#g7 ,security for personnel1 information technology and communications systems1 facilities1 property1 equipment1 and other material resources4 7#h7 ,strategic management planning1 annual performance planning1 and identification and tracking of performance measures relating to the responsibilities of the ,department1 including such responsibilities under section #cjf of title #e1 ,united ,states ,code4 7#i7 ,oversight of grants and other assistance management programs to ensure proper administration4 7#aj7 ,management integration and transformation within each functional management discipline of the ,department1 including information technology1 financial management1 acquisition management1 and human capital management1 and the transition process1 to ensure an efficient and orderly consolidation of functions and personnel in the ,department and transition1 including the-- 7,a7 development of coordinated data sources and connectivity of information systems to the greatest extent practical to enhance program visibility and transparency2 7,b7 development of standardized1 automated1 and real-time management information to uniformly manage and oversee programs1 and make informed decisions to improve the efficiency of the ,department2 7,c7 development of effective program management and regular oversight mechanisms1 including clear roles and processes for program governance1 sharing of best practices1 and access to timely1 reliable1 and analyzed data on all acquisitions and investments2 7,d7 implementation of mechanisms to promote accountability for management integration among ,department and component chief officers2 7,e7 integration of financial management systems within and across the ,department to ensure financial transparency1 support daily operational and financial decisionmaking1 and maintain consecutive unqualified opinions for all financial statements1 including the responsibility to review1 approve1 and oversee the planning1 design1 acquisition1 deployment1 operation1 maintenance1 and modernization of business systems2 7,f7 integration of human resource management systems within and across the ,department to track and record information 7including attrition rates1 knowledge1 skills1 and abilities critical for workforce planning1 identifying current and future human capital needs1 including recruitment efforts and improving employee morale71 including the responsibility to review1 approve1 and oversee the planning1 design1 acquisition1 deployment1 operation1 maintenance1 and modernization of business systems2 7,g7 development of a management integration strategy for the ,department and its components to be submitted annually with the ,president's budget to ensure that management of the ,department is strengthened in the areas of human capital1 acquisition1 information technology1 and financial management1 which shall include-- 7i7 short- and long-term objectives to effectively guide implementation of interoperable business systems solutions2 7ii7 issuance of guidance and action plans with dates1 specific actions1 and costs for implementing management integration and transformation of common functional disciplines across the ,department and its components2 7iii7 specific operational and tactical goals1 activities1 and timelines needed to accomplish the integration effort2 7iv7 performance measures to monitor and validate corrective measures2 7v7 efforts to identify resources needed to achieve key actions and outcomes2 7vi7 other issues impeding management integration2 7vii7 reporting to the ,government ,accountability ,office twice annually to demonstrate measurable1 sustainable progress made in implementing the ,department's corrective action plans and achieving key outcomes1 including regarding-- 7,i7 leadership commitment2 7,,ii7 capacity building2 and 7,,iii7 continuous monitoring to address ,government ,accountability ,office designations of programs at high risk for waste1 fraud1 and abuse1 including with respect to strengthening management functions2 7viii7 review and approve any major update to the ,department's strategy related to management integration and transformation across functional disciplines and lines of business1 including any business systems modernization plans to maximize benefits and minimize costs for the ,department2 and 7ix7 before ,december #a of each year in which a ,presidential election is held1 the development of a transition and succession plan to guide the transition of ,department functions to a new ,presidential administration1 and making such plan available to the next ,secretary and ,under ,secretary for ,management and to the homeland security congressional committees4 7,h7 ,oversight1 including the conduct of internal audits and management analyses1 of the programs and activities of the ,department4 ,such supervision includes establishing oversight procedures to ensure a full and effective review of the efforts by ,department components to implement policies and procedures of the ,department for management integration and transformation4 7,i7 ,any other management duties that the ,secretary may designate4 4 #ajh4 ,chief ,financial ,officer ,section #gjb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda7 is amended by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively1 and by inserting after subsection 7a7 the following3 7b7 ,responsibilities ,notwithstanding sections #ija and #aabb of title #ca1 ,united ,states ,code1 the ,chief ,financial ,officer1 in consultation with the ,under ,secretary for ,management and the ,under ,secretary for ,intelligence and ,analysis1 as appropriate1 shall-- 7#a7 lead cost-estimating practices for the ,department1 including the development of the ,department's policy on cost estimating and approval of life cycle cost estimates2 7#b7 oversee coordination with the ,office of ,policy on the ,department's long-term strategic planning to ensure that the development of the ,department's budget is compatible with the priorities1 strategic plans1 and policies established by the ,secretary2 7#c7 develop and oversee the ,department's financial management policy2 7#d7 provide guidance for and over financial system modernization efforts throughout the ,department2 7#e7 establish effective internal controls over financial reporting systems and processes throughout the ,department2 7#f7 lead assessments of internal controls related to the ,department's financial management systems and review financial processes to ensure that internal controls are designed properly and operate effectively2 7#g7 lead the ,department's efforts related to financial oversight1 including identifying ways to streamline and standardize business processes2 7#h7 lead and provide guidance on performance-based budgeting practices for the ,department to ensure that the ,department and its components are meeting missions and goals2 7#i7 ensure that ,department components' senior financial officers certify that their major acquisition programs have adequate resources to execute their programs through the #e-year future years homeland security program period1 so that the ,department's funding requirements for major acquisition programs match expected resources2 7#aj7 ensure that components identify and report all expected costs of acquisition programs to the ,chief ,financial ,officer of the ,department2 7#aa7 oversee ,department budget formulation and execution2 7#ab7 fully implement a common accounting structure to be used across the entire ,department by fiscal year #bjai2 and 7#ac7 track1 approve1 oversee1 and make public information on expenditures by components of the ,department for conferences1 as appropriate1 including by requiring each component of the ,department to-- 7,a7 report to the ,inspector ,general of the ,department the expenditures by the component for each conference hosted or attended by ,department employees for which the total expenditures of the ,department exceed #bj1jjj1 within #ae days after the date of the conference2 and 7,b7 with respect to such expenditures1 provide to the ,inspector ,general-- 7i7 the information described in subsections 7a71 7b71 and 7c7 of section #gci of ,public ,law #aac-bce2 and 7ii7 documentation of such expenditures4 4 #aji4 ,chief ,procurement ,officer 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq47 is further amended by adding at the end the following3 #gjh4 ,chief ,procurement ,officer 7a7 ,in general ,there is a ,chief ,procurement ,officer of the ,department1 who shall report directly to the ,under ,secretary for ,management4 ,the ,chief ,procurement ,officer is the senior procurement executive for purposes of section #agjb7;c7 of title #da ,united ,states ,code1 and shall perform procurement functions as specified in such section4 ,the ,chief ,procurement ,officer also shall perform other functions and responsibilities set forth in this section and as may be assigned by the ,under ,secretary for ,management4 7b7 ,responsibilities ,the ,chief ,procurement ,officer shall-- 7#a7 exercise leadership and authority to the extent delegated by the ,under ,secretary for ,management over the ,department's procurement function2 7#b7 issue procurement policies1 and shall serve as a senior business advisor to agency officials on acquisition-related matters1 including policy and workforce matters1 as determined by the ,under ,secretary for ,management2 7#c7 account for the integrity1 performance1 and oversight of ,department procurement and contracting functions and be responsible for ensuring that a procurement's contracting strategy and plans are consistent with the intent and direction of the ,acquisition ,review ,board2 7#d7 serve as the ,department's main liaison to industry on procurement-related issues2 7#e7 oversee a centralized certification and training program1 in consultation with the ,under ,secretary for ,management1 for the entire ,department acquisition workforce while using1 to the greatest extent practicable1 best practices and acquisition training opportunities already in existence within the ,federal ,government1 the private sector1 or universities and colleges1 as appropriate1 and including training on how best to identify actions that warrant referrals for suspension or debarment2 7#f7 delegate or retain contracting authority1 as appropriate2 7#g7 provide input on the periodic performance reviews of each head of contracting activity of the ,department2 7#h7 collect baseline data and use such data to establish performance measures on the impact of strategic sourcing initiatives on the private sector1 including1 in particular1 small businesses2 7#i7 ensure that a fair proportion 7as defined pursuant to the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq477 of ,federal contract and subcontract dollars are awarded to small businesses1 maximize opportunities for small business participation1 and ensure1 to the extent practicable1 small businesses that achieve qualified vendor status for security-related technologies are provided an opportunity to compete for contracts for such technology2 and 7#aj7 conduct oversight of implementation of administrative agreements to resolve suspension or debarment proceedings and1 upon request1 provide information to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate about the effectiveness of such agreements at improving contractor responsibility4 7c7 ,head of contracting activity defined ,in this section the term head of contracting activity means each official responsible for the creation1 management1 and oversight of a team of procurement professionals properly trained1 certified1 and warranted to accomplish the acquisition of products and services on behalf of the designated components1 offices1 and organizations of the ,department1 and as authorized1 other government entities4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is further amended by adding at the end of the items relating to such title the following3 ,sec4 #gjh4 ,chief ,procurement ,officer4 4 #aaj4 ,chief ,information ,officer 7a7 ,in general ,section #gjc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdc7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 ,in addition to the functions under section #cejf7;a77#b7 of title #dd1 ,united ,states ,code1 the ,chief ,information ,officer shall perform the functions set forth in this section and such other functions as may be assigned by the ,secretary42 7#b7 by redesignating subsection 7b7 as subsection 7e72 and 7#c7 by inserting after subsection 7a7 the following3 7b7 ,responsibilities ,in addition to the functions under section #cejf of title #dd1 ,united ,states ,code1 the ,chief ,information ,officer1 in consultation with the ,under ,secretary for ,management1 shall-- 7#a7 advise and assist the ,secretary1 heads of the components of the ,department1 and other senior officers in carrying out the responsibilities of the ,department for all activities relating to the budgets1 programs1 and operations of the information technology functions of the ,department2 7#b7 to the extent delegated by the ,secretary-- 7,a7 exercise leadership and authority over ,department information technology management2 and 7,b7 establish the information technology priorities1 policies1 processes1 standards1 guidelines1 and procedures of the ,department to ensure interoperability and standardization of information technology2 7#c7 serve as the lead technical authority for information technology programs2 7#d7 maintain a consolidated inventory of the ,department's mission critical and mission essential information systems1 and develop and maintain contingency plans for responding to a disruption in the operation of any of those information systems2 7#e7 maintain the security1 visibility1 reliability1 integrity1 and availability of data and information technology of the ,department including the security of the ,homeland ,security ,data ,network2 7#f7 in coordination with relevant officials of the ,department1 ensure that the ,department is in compliance with subchapter ,,ii of chapter #ce of title #dd1 ,united ,states ,code2 7#g7 establish policies and procedures to effectively monitor and manage vulnerabilities in the supply chain for purchases of information technology2 7#h7 in coordination with relevant officials of the ,department1 ensure ,department compliance with ,homeland ,security ,presidential ,directive #ab2 7#i7 in coordination with relevant officials of the ,department1 ensure that information technology systems of the ,department meet the standards established under the information sharing environment1 as defined in section #ajaf of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#f ,u4,s4,c4 #dhe72 7#aj7 develop measures to monitor the performance of ,department components' use and implementation of information technology systems and consistently monitor such performance to ensure that such systems are used effectively2 7#aa7 ensure that ,department components report to the ,chief ,information ,officer of the ,department a complete inventory of information systems and fully adhere to ,department guidance related to information technology2 7#ab7 carry out any other responsibilities delegated by the ,secretary consistent with an effective information system management function2 and 7#ac7 carry out authorities over ,department information technology consistent with section #aacdai of title #dj1 ,united ,states ,code4 7c7 ,strategic plans ,in coordination with the ,chief ,financial ,officer1 the ,chief ,information ,officer shall develop an information technology strategic plan every #e years and report to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate on-- 7#a7 how the information technology strategic plans developed under this subsection are used to help inform the ,department's budget process2 7#b7 how the ,department's budget aligns with priorities specified in the information technology strategic plans2 7#c7 in cases in which it is not possible to fund all information technology strategic plan activities for a given fiscal year1 the rationale as to why certain activities are not being funded in lieu of higher priorities2 7#d7 what decisionmaking process was used to arrive at these priorities and the role of ,department components in that process2 and 7#e7 examine the extent to which unnecessary duplicate information technology within and across the components of the ,department has been eliminated4 7d7 ,software licensing 7#a7 ,in general ,not later than #ahj days after the date of the enactment of the ,,dhs ,headquarters ,reform and ,improvement ,act of #bjae1 and every #b years thereafter1 the ,chief ,information ,officer1 in consultation with ,department component chief information officers1 shall-- 7,a7 conduct a ,department-wide inventory of all existing software licenses held by the ,department1 including utilized and unutilized licenses2 7,b7 assess the needs of the ,department and the components of the ,department for software licenses for the subsequent #b fiscal years2 7,c7 examine how the ,department can achieve the greatest possible economies of scale and cost savings in the procurement of software licenses2 7,d7 determine how the use of shared cloud-computing services will impact the needs for software licenses for the subsequent #b fiscal years2 and 7,e7 establish plans and estimated costs for eliminating unutilized software licenses for the subsequent #b fiscal years4 7#b7 ,excess software licensing 7,a7 ,plan to reduce software licenses ,if the ,chief ,information ,officer determines through the inventory conducted under paragraph 7#a7 that the number of software licenses held by the ,department and the components of the ,department exceed the needs of the ,department as assessed under paragraph 7#a71 the ,secretary1 not later than #ij days after the date on which the inventory is completed1 shall establish a plan for bringing the number of such software licenses into balance with such needs of the ,department4 7,b7 ,prohibition on procurement of new software licenses 7i7 ,in general ,except as provided in clause 7ii71 upon completion of a plan established under paragraph 7#a71 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 ,department4 7ii7 ,exception ,the ,chief ,information ,officer may authorize the purchase of additional licenses and amend the number of needed licenses as necessary4 7#c7 ,,gao review ,the ,comptroller ,general of the ,united ,states shall review the inventory conducted under paragraph 7#a77;,a7 and the plan established under paragraph 7#b77;,a74 7#d7 ,submission to ,congress ,the ,chief ,information ,officer shall submit a copy of each inventory conducted under paragraph 7#a77;,a7 and each plan established under paragraph 7#b77;,a7 to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 4 7b7 ,completion of first definition of capabilities ,the ,chief ,information ,officer shall complete the first implementation of section #gja7;c7 of the ,homeland ,security ,act of #bjjb1 as amended by this section1 by not later than #a year after the date of the enactment of this ,act4 #aaa4 ,chief ,human ,capital ,officer ,section #gjd of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdc7 is amended to read as follows3 #gjd4 ,chief ,human ,capital ,officer 7a7 ,in general ,there is a ,chief ,human ,capital ,officer of the ,department who shall report directly to the ,under ,secretary of ,management4 7b7 ,responsibilities ,the ,chief ,human ,capital ,officer shall-- 7#a7 develop and implement strategic workforce planning efforts that are consistent with ,government-wide leading principles1 and that are in line with ,department strategic human capital goals and priorities2 7#b7 develop performance measures to provide a basis for monitoring and evaluating ,department-wide strategic workforce planning efforts2 7#c7 develop strategies to recruit1 hire1 and train the ,department workforce2 7#d7 work with the component heads to identify methods for managing and overseeing human capital programs and initiatives2 7#e7 develop a career path framework1 and create opportunities for leader development2 7#f7 serve as the ,department's central office for managing employee resources1 including training and development opportunities2 7#g7 coordinate the ,department's human resource management system2 7#h7 conduct efficiency reviews to determine if components are implementing human capital programs and initiatives2 and 7#i7 identify and eliminate unnecessary and duplicative human capital policies and guidance4 7c7 ,component strategies 7#a7 ,in general ,each component of the ,department shall coordinate with the ,chief ,human ,capital ,officer of the ,department to develop or maintain its own #e-year workforce strategy that will support the ,department's goals1 objectives1 performance measures1 and determination of the proper balance of ,federal employees and private labor resources4 7#b7 ,strategy requirements ,the ,chief ,human ,capital ,officer shall ensure that1 in the development of the strategy required by subsection 7c71 the head of the component reports to the ,chief ,human ,capital ,officer on the human resources considerations associated with creating additional ,federal full-time equivalent positions1 converting private contractor positions to ,federal employee positions1 or relying on the private sector for goods and services1 including-- 7,a7 hiring projections1 including occupation and grade level1 as well as corresponding salaries1 benefits1 and hiring or retention bonuses2 7,b7 the identification of critical skills requirements over the #e-year period1 any current or anticipated need for critical skills required at the ,department1 and the training or other measures required to address such need2 7,c7 recruitment of qualified candidates and retention of qualified employees2 7,d7 supervisory and management requirements2 7,e7 travel and related personnel support costs2 7,f7 the anticipated cost and impact on mission performance associated with replacing ,federal personnel due to their retirement or other attrition2 and 7,g7 other appropriate factors4 7d7 ,annual submission ,the ,secretary shall provide to the appropriate congressional committees1 together with submission of the annual budget justification1 information on the progress within the ,department of fulfilling the workforce strategies required under subsection 7c74 4 #aab4 ,chief ,security ,officer 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq471 as amended by section #aji7;a7 of this ,act1 is further amended by adding at the end the following3 #gji4 ,chief ,security ,officer 7a7 ,in general ,there is a ,chief ,security ,officer of the ,department1 who shall report directly to the ,under ,secretary for ,management4 7b7 ,responsibilities ,the ,chief ,security ,officer shall-- 7#a7 develop and implement the ,department's security policies1 programs1 and standards2 7#b7 identify training and provide education to ,department personnel on security-related matters2 and 7#c7 provide support to ,department components on security-related matters4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is further amended by adding at the end of the items relating to such title the following3 ,sec4 #gji4 ,chief ,security ,officer4 4 #aac4 ,cost savings and efficiency reviews ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 acting through the ,under ,secretary for ,management of the ,department of ,homeland ,security1 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 that-- 7#a7 provides a detailed accounting of the management and administrative expenditures and activities of the components of the ,department and identifies potential cost savings and efficiencies for those expenditures and activities of each such component2 7#b7 examines the size1 experience level1 and geographic distribution of the operational personnel of the ,department1 including ,customs and ,border ,protection officers1 ,border ,patrol agents1 ,customs and ,border ,protection ,air and ,marine agents1 ,customs and ,border ,protection agriculture specialists1 ,federal ,protective ,service law enforcement security officers1 ,immigration and ,customs ,enforcement agents1 ,transportation ,security ,administration officers1 ,federal air marshals1 and members of the ,coast ,guard2 and 7#c7 makes recommendations for adjustments in the management and administration of the ,department that would reduce deficiencies in the ,department's capabilities1 reduce costs1 and enhance efficiencies4 #aad4 ,field efficiencies plan 7#a7 ,in general ,not later than #bgj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a field efficiencies plan that-- 7,a7 examines the facilities and administrative and logistics functions of components of the ,department of ,homeland ,security located within designated geographic areas2 and 7,b7 provides specific recommendations and an associated cost-benefit analysis for the consolidation of the facilities and administrative and logistics functions of components of the ,department within each designated geographic area4 7#b7 ,contents ,the field efficiencies plan submitted under paragraph 7#a7 shall include the following3 7,a7 ,an accounting of leases held by the ,department or its components that have expired in the current fiscal year or will be expiring in the next fiscal year1 that have begun or been renewed in the current fiscal year1 or that the ,department or its components plan to sign or renew in the next fiscal year4 7,b7 7i7 ,an evaluation for each designated geographic area of specific facilities at which components1 or operational entities of components1 of the ,department may be closed or consolidated1 including consideration of when leases expire or facilities owned by the ,government become available4 7ii7 ,the evaluation shall include consideration of potential consolidation with facilities of other ,federal1 ,state1 or local entities1 including-- 7,i7 offices2 7,,ii7 warehouses2 7,,iii7 training centers2 7,,iv7 housing2 7,v7 ports1 shore facilities1 and airfields2 7,,vi7 laboratories2 and 7,,vii7 other assets as determined by the ,secretary4 7iii7 ,the evaluation shall include the potential for the consolidation of administrative and logistics functions1 including-- 7,i7 facility maintenance2 7,,ii7 fleet vehicle services2 7,,iii7 mail handling and shipping and receiving2 7,,iv7 facility security2 7,v7 procurement of goods and services2 7,,vi7 information technology and telecommunications services and support2 and 7,,vii7 additional ways to improve unity of effort and cost savings for field operations and related support activities as determined by the ,secretary4 7,c7 ,an implementation plan1 including-- 7i7 near-term actions that can co-locate1 consolidate1 or dispose of property within #bd months2 7ii7 identifying long-term occupancy agreements or leases that cannot be changed without a significant cost to the ,government2 and 7iii7 how the ,department can ensure it has the capacity1 in both personnel and funds1 needed to cover up-front costs to achieve consolidation and efficiencies4 7,d7 ,an accounting of any consolidation in the ,department or its component's real estate footprint1 including the colocation of personnel from different components1 offices1 and agencies within the ,department4 #aae4 ,resources to respond to operational surges ,on an annual basis1 the ,secretary of ,homeland ,security shall provide to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate information on the circumstances in which the ,secretary exercised the authority during the preceding year to reprogram or transfer funds to address unforeseen costs1 including the costs associated with operational surges1 and information on any circumstances in which limitations on the transfer or reprogramming of funds impacted the ,secretary's ability to address such unforeseen costs4 #aaf4 ,department of ,homeland ,security rotation program 7a7 ,enhancements to the rotation program ,section #hdd7;a7 of the ,homeland ,security ,act of #bjjb 7#f7 ,u4,s4,c4 #dad7;a77 is amended as follows3 7#a7 ,in paragraph 7#a7-- 7,a7 by striking ,not later than #ahj days after the date of enactment of this section1 the and inserting ,the2 and 7,b7 by striking for employees of the ,department and inserting for certain personnel within the ,department4 7#b7 ,in paragraph 7#b7-- 7,a7 by redesignating subparagraphs 7,a7 through 7,g7 as subparagraphs 7,c7 through 7,i71 and inserting before subparagraph 7,c71 as so redesignated1 the following3 7,a7 seek to foster greater ,departmental integration and unity of effort2 7,b7 seek to help enhance the knowledge1 skills1 and abilities of participating personnel with respect to the ,department's programs1 policies1 and activities2 2 7,b7 in subparagraph 7,d71 as so redesignated1 by striking middle and senior level2 and 7,c7 in subparagraph 7,g71 as so redesignated1 by inserting before invigorate the following3 seek to improve morale and retention throughout the ,department and4 7#c7 ,in paragraph 7#c77;,b71 by striking clause 7iii7 and redesignating clauses 7iv7 through 7viii7 as clauses 7iii7 through 7vii74 7#d7 ,by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 and inserting after paragraph 7#c7 the following3 7#d7 ,administrative matters ,in carrying out any program established pursuant to this section1 the ,secretary shall-- 7,a7 before selecting employees for participation in such program1 disseminate information broadly within the ,department about the availability of the program1 qualifications for participation in the program1 including full-time employment within the employing component or office not less than one year1 and the general provisions of the program2 7,b7 require each candidate for participation in the program to be nominated by the head of the candidate's employing component or office and that the ,secretary1 or the ,secretary's designee1 select each employee for the program solely on the basis of relative ability1 knowledge1 and skills1 after fair and open competition that assures that all candidates receive equal opportunity2 7,c7 ensure that each employee participating in the program shall be entitled to return1 within a reasonable period of time after the end of the period of participation1 to the position held by the employee1 or a corresponding or higher position1 in the employee's employing component or office2 7,d7 require that the rights that would be available to the employee if the employee were detailed from the employing component or office to another ,federal agency or office remain available to the employee during the employee participation in the program2 and 7,e7 require that1 during the period of participation by an employee in the program1 performance evaluations for the employee-- 7i7 shall be conducted by officials in the employee's office or component with input from the supervisors of the employee at the component or office in which the employee is placed during that period2 and 7ii7 shall be provided the same weight with respect to promotions and other rewards as performance evaluations for service in the employee's office or component4 4 7b7 ,congressional notification and oversight ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security 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 about the status of the homeland security rotation program authorized by section #hdd of the ,homeland ,security ,act of #bjjb1 as amended by this section4 ,,ii ,,dhs ,acquisition ,accountability and ,efficiency #bja4 ,definitions 7a7 ,in general ,in this title3 7#a7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#b7 ,department ,the term ,department means the ,department of ,homeland ,security4 7#c7 ,congressional homeland security committees ,the term congressional homeland security committees means-- 7,a7 the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,appropriations of the ,house of ,representatives and of the ,senate4 7b7 ,additional definitions ,in this title3 7#a7 ,acquisition ,the term acquisition has the meaning provided in section #aca of title #da1 ,united ,states ,code4 7#b7 ,best practices ,the term best practices1 with respect to acquisition1 means a knowledge-based approach to capability development that includes identifying and validating needs2 assessing alternatives to select the most appropriate solution2 clearly establishing well-defined requirements2 developing realistic cost assessments and schedules2 securing stable funding that matches resources to requirements2 demonstrating technology1 design1 and manufacturing maturity2 using milestones and exit criteria or specific accomplishments that demonstrate progress2 adopting and executing standardized processes with known success across programs2 establishing an adequate workforce that is qualified and sufficient to perform necessary functions2 and integrating these capabilities into the ,department's mission and business operations4 7c7 ,amendments to definitions in homeland security act of #bjjb ,section #b of the ,homeland ,security ,act of #bjjb is amended-- 7#a7 by striking ,in this ,act1 and inserting 7a7 ,in ,general4--,in this ,act12 7#b7 in paragraph 7#b7-- 7,a7 by inserting 7,a7 after 7#b72 and 7,b7 by adding at the end the following new subparagraph3 7,b7 ,the term congressional homeland security committees means-- 7i7 the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7ii7 the ,committees on ,appropriations of the ,house of ,representatives and of the ,senate1 where appropriate4 2 and 7#c7 by adding at the end the following new subsection3 7b7 ,acquisition-,related definitions ,in this ,act1 the following definitions apply3 7#a7 ,acquisition ,the term acquisition has the meaning provided in section #aca of title #da1 ,united ,states ,code4 7#b7 ,acquisition decision authority ,the term acquisition decision authority means the authority1 held by the ,secretary acting through the ,deputy ,secretary or ,under ,secretary for ,management-- 7,a7 to ensure compliance with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives2 7,b7 to review 7including approving1 halting1 modifying1 or cancelling7 an acquisition program through the life cycle of the program2 7,c7 to ensure that program managers have the resources necessary to successfully execute an approved acquisition program2 7,d7 to ensure good program management of cost1 schedule1 risk1 and system performance of the acquisition1 including assessing acquisition program baseline breaches and directing any corrective action for such breaches2 and 7,e7 to ensure that program managers1 on an ongoing basis1 monitor cost1 schedule1 and performance against established baselines and use tools to assess risks to a program at all phases of the life cycle of the program to avoid and mitigate acquisition program baseline breaches4 7#c7 ,acquisition decision event ,the term acquisition decision event1 with respect to an investment or acquisition program1 means a predetermined point within the acquisition phases of the investment or acquisition program at which the investment or acquisition program will undergo a review prior to commencement of the next phase4 7#d7 ,acquisition decision memorandum ,the term acquisition decision memorandum1 with respect to an acquisition1 means the official acquisition decision event record that includes a documented record of decisions1 exit criteria1 and assigned actions for the acquisition as determined by the person exercising acquisition decision authority for the acquisition4 7#e7 ,acquisition program baseline ,the term acquisition program baseline1 with respect to an acquisition program1 means a summary of the cost1 schedule1 and performance parameters1 expressed in standard1 measurable1 quantitative terms1 which must be met in order to accomplish the goals of the program4 7#f7 ,capability development plan ,the term capability development plan1 with respect to a proposed acquisition1 means the document that the ,acquisition ,review ,board approves for the first acquisition decision event related to validating the need of a proposed acquisition4 7#g7 ,component acquisition executive ,the term ,component ,acquisition ,executive means the senior acquisition official within a component who is designated in writing by the ,under ,secretary for ,management1 in consultation with the component head1 with authority and responsibility for leading a process and staff to provide acquisition and program management oversight1 policy1 and guidance to ensure that statutory1 regulatory1 and higher level policy requirements are fulfilled1 including compliance with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives established by the ,under ,secretary for ,management4 7#h7 ,life cycle cost ,the term life cycle cost1 with respect to an acquisition program1 means all costs associated with research1 development1 procurement1 operation1 integrated logistics support1 and disposal under the program1 including supporting infrastructure that plans1 manages1 and executes the program over its full life1 and costs of common support items incurred as a result of the program4 7#i7 ,major acquisition program ,the term major acquisition program means a ,department acquisition program that is estimated by the ,secretary to require an eventual total expenditure of at least #cjj1jjj1jjj 7based on fiscal year #bjae constant dollars7 over its life cycle cost4 4 #bjb4 ,prohibition on additional authorization of appropriations ,no additional funds are authorized to be appropriated to carry out this title and the amendments made by this title4 ,this title and such amendments shall be carried out using amounts otherwise available for such purposes4 ,a ,acquisition ,authorities #baa4 ,acquisition authorities for ,under ,secretary for ,management ,section #gja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda71 as amended by section #ajg of this ,act1 is further amended by adding at the end the following3 7e7 ,acquisition and related responsibilities 7#a7 ,in general ,notwithstanding section #agjb7;b7 of title #da1 ,united ,states ,code1 the ,under ,secretary for ,management is the ,chief ,acquisition ,officer of the ,department4 ,as ,chief ,acquisition ,officer1 the ,under ,secretary shall have the authority and perform the functions as specified in section #agjb7;b7 of such title1 and perform all other functions and responsibilities delegated by the ,secretary or described in this subsection4 7#b7 ,duties and responsibilities ,in addition to the authority and functions specified in section #agjb7;b7 of title #da1 ,united ,states ,code1 the duties and responsibilities of the ,under ,secretary for ,management related to acquisition include the following3 7,a7 ,advising the ,secretary regarding acquisition management activities1 taking into account risks of failure to achieve cost1 schedule1 or performance parameters1 to ensure that the ,department achieves its mission through the adoption of widely accepted program management best practices and standards4 7,b7 ,exercising the acquisition decision authority to approve1 halt1 modify 7including the rescission of approvals of program milestones71 or cancel major acquisition programs1 unless the ,under ,secretary delegates the authority to a ,component ,acquisition ,executive pursuant to paragraph 7#c74 7,c7 ,establishing policies for acquisition that implement an approach that takes into account risks of failure to achieve cost1 schedule1 or performance parameters that all components of the ,department shall comply with1 including outlining relevant authorities for program managers to effectively manage acquisition programs4 7,d7 ,ensuring that each major acquisition program has a ,department-approved acquisition program baseline1 pursuant to the ,department's acquisition management policy4 7,e7 ,ensuring that the heads of components and ,component ,acquisition ,executives comply with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives4 7,f7 ,ensuring that grants and financial assistance are provided only to individuals and organizations that are not suspended or debarred4 7,g7 ,distributing guidance throughout the ,department to ensure that contractors involved in acquisitions1 particularly companies that access the ,department's information systems and technologies1 adhere to internal cybersecurity policies established by the ,department of ,homeland ,security4 7#c7 ,delegation of acquisition decision authority 7,a7 ,level #c acquisitions ,the ,under ,secretary for ,management may delegate acquisition decision authority in writing to the relevant ,component ,acquisition ,executive for an acquisition program that has a life cycle cost estimate of less than #cjj1jjj1jjj4 7,b7 ,level #b acquisitions ,the ,under ,secretary for ,management may delegate acquisition decision authority in writing to the relevant ,component ,acquisition ,executive for a major acquisition program that has a life cycle cost estimate of at least #cjj1jjj1jjj but not more than #a1jjj1jjj1jjj if all of the following requirements are met3 7i7 ,the component concerned possesses working policies1 processes1 and procedures that are consistent with ,department-level acquisition policy4 7ii7 ,the ,component ,acquisition ,executive has adequate1 experienced1 dedicated program management professional staff commensurate with the size of the delegated portfolio4 7iii7 ,each major acquisition program concerned has written documentation showing that it has a ,department-approved acquisition program baseline and it is meeting agreed-upon cost1 schedule1 and performance thresholds4 7#d7 ,excluded parties list system consultation ,the ,under ,secretary for ,management shall require that all ,department contracting and procurement officials consult the ,excluded ,parties ,list ,system 7or successor system7 as maintained by the ,general ,services ,administration prior to awarding a contract or grant or entering into other transactions to ascertain whether the selected contractor is excluded from receiving ,federal contracts1 certain subcontracts1 and certain types of ,federal financial and nonfinancial assistance and benefits4 7#e7 ,relationship to under secretary for science and technology 7,a7 ,in general ,nothing in this subsection shall diminish the authority granted to the ,under ,secretary for ,science and ,technology under this ,act4 ,the ,under ,secretary for ,management and the ,under ,secretary for ,science and ,technology shall cooperate in matters related to the coordination of acquisitions across the ,department so that investments of the ,directorate of ,science and ,technology can support current and future requirements of the components4 7,b7 ,operational testing and evaluation ,the ,under ,secretary for ,science and ,technology shall-- 7i7 ensure1 in coordination with relevant component heads1 that major acquisition programs-- 7,i7 complete operational testing and evaluation of technologies and systems2 7,,ii7 use independent verification and validation of operational test and evaluation implementation and results2 and 7,,iii7 document whether such programs meet all performance requirements included in their acquisition program baselines2 7ii7 ensure that such operational testing and evaluation includes all system components and incorporates operators into the testing to ensure that systems perform as intended in the appropriate operational setting2 and 7iii7 determine if testing conducted by other ,federal agencies and private entities is relevant and sufficient in determining whether systems perform as intended in the operational setting4 4 #bab4 ,acquisition authorities for ,chief ,financial ,officer ,section #gjb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdb71 as amended by section #ajh of this ,act1 is further amended by adding at the end of subsection 7c77#b7 the following new subparagraph3 7,j7 ,notwithstanding section #ijb of title #ca1 ,united ,states ,code1 provide leadership over financial management policy and programs for the ,department as they relate to the ,department's acquisitions programs1 in consultation with the ,under ,secretary for ,management4 4 #bac4 ,acquisition authorities for ,chief ,information ,officer ,section #gjc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdc71 as amended by section #aaj7;a7 of this ,act1 is further amended by adding at the end the following new subsection3 7f7 ,acquisition responsibilities ,notwithstanding section #aacae of title #dj1 ,united ,states ,code1 the acquisition responsibilities of the ,chief ,information ,officer1 in consultation with the ,under ,secretary for ,management1 shall include the following3 7#a7 ,oversee the management of the ,homeland ,security ,enterprise ,architecture and ensure that1 before each acquisition decision event1 approved information technology acquisitions comply with departmental information technology management processes1 technical requirements1 and the ,homeland ,security ,enterprise ,architecture1 and in any case in which information technology acquisitions do not comply with the ,department's management directives1 make recommendations to the ,acquisition ,review ,board regarding such noncompliance4 7#b7 ,be responsible for providing recommendations to the ,acquisition ,review ,board established in section #hcf of this ,act on information technology programs1 and be responsible for developing information technology acquisition strategic guidance4 4 #bad4 ,requirements to ensure greater accountability for acquisition programs 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq471 as amended by sections #aji7;a7 and #aab7;a7 of this ,act1 is further amended by adding at the end the following3 #gaj4 ,requirements to ensure greater accountability for acquisition programs 7a7 ,requirement ,to establish mechanism ,within the ,management ,directorate1 the ,under ,secretary for ,management shall establish a mechanism to prioritize improving the accountability1 standardization1 and transparency of major acquisition programs of the ,department in order to increase opportunities for effectiveness and efficiencies and to serve as the central oversight function of all ,department acquisition programs4 7b7 ,responsibilities of executive director ,the ,under ,secretary for ,management shall designate an ,executive ,director to oversee the requirement under subsection 7a74 ,the ,executive ,director shall report directly to the ,under ,secretary and shall carry out the following responsibilities3 7#a7 ,monitor the performance of ,department acquisition programs regularly between acquisition decision events to identify problems with cost1 performance1 or schedule that components may need to address to prevent cost overruns1 performance issues1 or schedule delays4 7#b7 ,assist the ,chief ,acquisition ,officer in managing the ,department's acquisition portfolio4 7#c7 ,conduct oversight of individual acquisition programs to implement ,department acquisition program policy1 procedures1 and guidance with a priority on ensuring the data it collects and maintains from its components is accurate and reliable4 7#d7 ,serve as the focal point and coordinator for the acquisition life cycle review process and as the executive secretariat for the ,acquisition ,review ,board established under section #hcf of this ,act4 7#e7 ,advise the persons having acquisition decision authority in making acquisition decisions consistent with all applicable laws and in establishing clear lines of authority1 accountability1 and responsibility for acquisition decisionmaking within the ,department4 7#f7 ,engage in the strategic planning and performance evaluation process required under section #cjf of title #e1 ,united ,states ,code1 and sections #aaje7;a77#bh71 #aaae1 #aaaf1 and #igjc of title #ca1 ,united ,states ,code1 by supporting the ,chief ,procurement ,officer in developing strategies and specific plans for hiring1 training1 and professional development in order to rectify any deficiency within the ,department's acquisition workforce4 7#g7 ,oversee the ,component ,acquisition ,executive structure to ensure it has sufficient capabilities and complies with ,department policies4 7#h7 ,develop standardized certification standards in consultation with the ,component ,acquisition ,executives for all acquisition program managers4 7#i7 ,in the event that a program manager's certification or actions need review for purposes of promotion or removal1 provide input1 in consultation with the relevant ,component ,acquisition ,executive1 into the relevant program manager's performance evaluation1 and report positive or negative experiences to the relevant certifying authority4 7#aj7 ,provide technical support and assistance to ,department acquisitions and acquisition personnel in conjunction with the ,chief ,procurement ,officer4 7#aa7 ,prepare the ,department's ,comprehensive ,acquisition ,status ,report1 as required by the ,department of ,homeland ,security ,appropriations ,act1 #bjac 7division ,d of ,public ,law #aac-f2 #abg ,stat4 #cdc7 and section #hdj of this ,act1 and make such report available to congressional homeland security committees4 7#ab7 ,prepare the ,department's ,quarterly ,program ,accountability ,report as required by section #hdj of this ,act1 and make such report available to the congressional homeland security committees4 7c7 ,responsibilities of components ,each head of a component shall comply with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives established by the ,under ,secretary for ,management4 ,for each major acquisition program1 each head of a component shall-- 7#a7 define baseline requirements and document changes to those requirements1 as appropriate2 7#b7 establish a complete life cycle cost estimate with supporting documentation1 including an acquisition program baseline2 7#c7 verify each life cycle cost estimate against independent cost estimates1 and reconcile any differences2 7#d7 complete a cost-benefit analysis with supporting documentation2 7#e7 develop and maintain a schedule that is consistent with scheduling best practices as identified by the ,comptroller ,general of the ,united ,states1 including1 in appropriate cases1 an integrated master schedule2 and 7#f7 ensure that all acquisition program information provided by the component is complete1 accurate1 timely1 and valid4 #gaa4 ,acquisition documentation 7a7 ,in general ,for each major acquisition program1 the ,executive ,director responsible for the preparation of the ,comprehensive ,acquisition ,status ,report1 pursuant to paragraph 7#aa7 of section #gaj7;b71 shall require certain acquisition documentation to be submitted by ,department components or offices4 7b7 ,waiver ,the ,secretary may waive the requirement for submission under subsection 7a7 for a program for a fiscal year if either-- 7#a7 the program has not-- 7,a7 entered the full rate production phase in the acquisition life cycle2 7,b7 had a reasonable cost estimate established2 and 7,c7 had a system configuration defined fully2 or 7#b7 the program does not meet the definition of capital asset1 as defined by the ,director of the ,office of ,management and ,budget4 7c7 ,congressional oversight ,at the same time the ,president's budget is submitted for a fiscal year under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,secretary shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate information on the exercise of authority under subsection 7b7 in the prior fiscal year that includes the following specific information regarding each program for which a waiver is issued under subsection 7b73 7#a7 ,the grounds for granting a waiver for that program4 7#b7 ,the projected cost of that program4 7#c7 ,the proportion of a component's annual acquisition budget attributed to that program1 as available4 7#d7 ,information on the significance of the program with respect to the component's operations and execution of its mission4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is further amended by adding after the item relating to section #gji the following new item3 ,sec4 #gaj4 ,requirements to ensure greater accountability for acquisition programs4 ,sec4 #gaa4 ,acquisition documentation4 4 ,b ,acquisition ,program ,management ,discipline #bba4 ,acquisition ,review ,board 7a7 ,in general ,subtitle ,d of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cia et seq47 is amended by adding at the end the following new section3 #hcf4 ,acquisition ,review ,board 7a7 ,in general ,the ,secretary shall establish an ,acquisition ,review ,board 7in this section referred to as the ,board7 to strengthen accountability and uniformity within the ,department acquisition review process1 review major acquisition programs1 and review the use of best practices4 7b7 ,composition ,the ,deputy ,secretary or ,under ,secretary for ,management shall serve as chair of the ,board4 ,the ,secretary shall also ensure participation by other relevant ,department officials1 including at least #b component heads or their designees1 as permanent members of the ,board4 7c7 ,meetings ,the ,board shall meet every time a major acquisition program needs authorization to proceed from acquisition decision events through the acquisition life cycle and to consider any major acquisition program in breach as necessary4 ,the ,board may also be convened for non-major acquisitions that are deemed high-risk by the ,executive ,director referred to in section #gaj7;b7 of this ,act4 ,the ,board shall also meet regularly for purposes of ensuring all acquisitions processes proceed in a timely fashion to achieve mission readiness4 7d7 ,responsibilities ,the responsibilities of the ,board are as follows3 7#a7 ,determine whether a proposed acquisition has met the requirements of key phases of the acquisition life cycle framework and is able to proceed to the next phase and eventual full production and deployment4 7#b7 ,oversee executable business strategy1 resources1 management1 accountability1 and alignment to strategic initiatives4 7#c7 ,support the person with acquisition decision authority for an acquisition in determining the appropriate direction for the acquisition at key acquisition decision events4 7#d7 ,conduct systematic reviews of acquisitions to ensure that they are progressing in compliance with the approved documents for their current acquisition phase4 7#e7 ,review the acquisition documents of each major acquisition program1 including the acquisition program baseline and documentation reflecting consideration of tradeoffs among cost1 schedule1 and performance objectives1 to ensure the reliability of underlying data4 7#f7 ,ensure that practices are adopted and implemented to require consideration of trade-offs among cost1 schedule1 and performance objectives as part of the process for developing requirements for major acquisition programs prior to the initiation of the second acquisition decision event1 including1 at a minimum1 the following practices3 7,a7 ,department officials responsible for acquisition1 budget1 and cost estimating functions are provided with the appropriate opportunity to develop estimates and raise cost and schedule matters before performance objectives are established for capabilities when feasible4 7,b7 ,full consideration of possible trade-offs among cost1 schedule1 and performance objectives for each alternative is considered4 7e7 ,acquisition program baseline report requirement ,if the person exercising acquisition decision authority over a major acquisition program approves the program to proceed into the planning phase before it has a ,department-approved acquisition program baseline1 then the ,under ,secretary for ,management shall create and approve an acquisition program baseline report on the decision1 and the ,secretary shall-- 7#a7 within #g days after an acquisition decision memorandum is signed1 notify in writing the congressional homeland security committees of such decision2 and 7#b7 within #fj days after the acquisition decision memorandum is signed1 submit a report to such committees stating the rationale for the decision and a plan of action to require an acquisition program baseline for the program4 7f7 ,best practices defined ,in this section1 the term best practices has the meaning provided in section #d7;b7 of the ,,dhs ,headquarters ,reform and ,improvement ,act of #bjae4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is further amended by adding after the item relating to section #hce the following new item3 ,sec4 #hcf4 ,acquisition ,review ,board4 4 #bbb4 ,requirements to reduce duplication in acquisition programs 7a7 ,in general ,subtitle ,d of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cia et seq47 is further amended by adding at the end the following new section3 #hcg4 ,requirements to reduce duplication in acquisition programs 7a7 ,requirement ,to establish policies ,in an effort to reduce unnecessary duplication and inefficiency for all ,department investments1 including major acquisition programs1 the ,deputy ,secretary1 in consultation with the ,under ,secretary for ,management1 shall establish ,department-wide policies to integrate all phases of the investment life cycle and help the ,department identify1 validate1 and prioritize standards for common component requirements for major acquisition program requirements in order to increase opportunities for effectiveness and efficiencies4 ,the policies shall also include strategic alternatives for developing and facilitating a ,department component-driven requirements process that includes oversight of a development test and evaluation capability2 identification of priority gaps and overlaps in ,department capability needs2 and provision of feasible technical alternatives1 including innovative commercially available alternatives1 to meet capability needs4 7b7 ,mechanisms ,to carry out requirement ,the ,under ,secretary for ,management shall coordinate the actions necessary to carry out subsection 7a71 using such mechanisms as considered necessary by the ,secretary to help the ,department reduce unnecessary duplication and inefficiency for all ,department investments1 including major acquisition programs4 7c7 ,coordination ,in coordinating the actions necessary to carry out subsection 7a71 the ,deputy ,secretary shall consult with the ,under ,secretary for ,management1 ,component ,acquisition ,executives1 and any other ,department officials1 including the ,under ,secretary for ,science and ,technology or his designee1 with specific knowledge of ,department or component acquisition capabilities to prevent unnecessary duplication of requirements4 7d7 ,advisors ,the ,deputy ,secretary1 in consultation with the ,under ,secretary for ,management1 shall seek and consider input within legal and ethical boundaries from members of ,federal1 ,state1 local1 and tribal governments1 nonprofit organizations1 and the private sector1 as appropriate1 on matters within their authority and expertise in carrying out the ,department's mission4 7e7 ,meetings ,the ,deputy ,secretary1 in consultation with the ,under ,secretary for ,management1 shall meet at least quarterly and communicate with components often to ensure that components do not overlap or duplicate spending or priorities on major investments and acquisition programs within their areas of responsibility4 7f7 ,responsibilities ,in carrying out this section1 the responsibilities of the ,deputy ,secretary1 in consultation with the ,under ,secretary for ,management1 are as follows3 7#a7 ,to review and validate the requirements documents of major investments and acquisition programs prior to acquisition decision events of the investments or programs4 7#b7 ,to ensure the requirements and scope of a major investment or acquisition program are stable1 measurable1 achievable1 at an acceptable risk level1 and match the resources planned to be available4 7#c7 ,before any entity of the ,department issues a solicitation for a new contract1 coordinate with other ,department entities as appropriate to prevent unnecessary duplication and inefficiency and-- 7,a7 to implement portfolio reviews to identify common mission requirements and crosscutting opportunities among components to harmonize investments and requirements and prevent overlap and unnecessary duplication among components2 and 7,b7 to the extent practicable1 to standardize equipment purchases1 streamline the acquisition process1 improve efficiencies1 and conduct best practices for strategic sourcing4 7#d7 ,to ensure program managers of major investments and acquisition programs conduct analyses1 giving particular attention to factors such as cost1 schedule1 risk1 performance1 and operational efficiency in order to determine that programs work as intended within cost and budget expectations4 7#e7 ,to propose schedules for delivery of the operational capability needed to meet each ,department investment and major acquisition program4 7g7 ,best practices defined ,in this section1 the term best practices has the meaning provided in section #d7;b7 of the ,,dhs ,headquarters ,reform and ,improvement ,act of #bjae4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is further amended by adding after the item relating to section #hcf the following new item3 ,sec4 #hcg4 ,requirements to reduce duplication in acquisition programs4 4 #bbc4 ,government ,accountability ,office review of ,board and of requirements to reduce duplication in acquisition programs 7a7 ,review required ,the ,comptroller ,general of the ,united ,states shall conduct a review of the effectiveness of the ,acquisition ,review ,board established under section #hcf of the ,homeland ,security ,act of #bjjb 7as added by section #bba7 and the requirements to reduce unnecessary duplication in acquisition programs established under section #hcg of such ,act 7as added by section #bbb7 in improving the ,department's acquisition management process4 7b7 ,scope of report ,the review shall include the following3 7#a7 ,an assessment of the effectiveness of the ,board in increasing program management oversight1 best practices and standards1 and discipline among the components of the ,department1 including in working together and in preventing overlap and unnecessary duplication4 7#b7 ,an assessment of the effectiveness of the ,board in instilling program management discipline4 7#c7 ,a statement of how regularly each major acquisition program is reviewed by the ,board1 how often the ,board stops major acquisition programs from moving forward in the phases of the acquisition life cycle process1 and the number of major acquisition programs that have been halted because of problems with operational effectiveness1 schedule delays1 or cost overruns4 7#d7 ,an assessment of the effectiveness of the ,board in impacting acquisition decisionmaking within the ,department1 including the degree to which the ,board impacts decisionmaking within other headquarters mechanisms and bodies involved in the administration of acquisition activities4 7c7 ,report required ,the ,comptroller ,general shall submit to the congressional homeland security committees a report on the review required by this section not later than #a year after the date of the enactment of this ,act4 ,the report shall be submitted in unclassified form but may include a classified annex4 #bbd4 ,excluded ,party ,list ,system waivers ,the ,secretary of ,homeland ,security shall provide notification to the congressional homeland security committees within #e days after the issuance of a waiver by the ,secretary of ,federal requirements that an agency not engage in business with a contractor in the ,excluded ,party ,list ,system 7or successor system7 as maintained by the ,general ,services ,administration and an explanation for a finding by the ,secretary that a compelling reason exists for this action4 #bbe4 ,inspector ,general oversight of suspension and debarment ,the ,inspector ,general of the ,department of ,homeland ,security-- 7#a7 may audit decisions about grant and procurement awards to identify instances where a contract or grant was improperly awarded to a suspended or debarred entity and whether corrective actions were taken to prevent recurrence2 and 7#b7 shall review the suspension and debarment program throughout the ,department of ,homeland ,security to assess whether suspension and debarment criteria are consistently applied throughout the ,department and whether disparities exist in the application of such criteria1 particularly with respect to business size and categories4 ,c ,acquisition ,program ,management ,accountability and ,transparency #bca4 ,congressional notification and other requirements for major acquisition program breach 7a7 ,in general ,subtitle ,d of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cia et seq47 is further amended by adding at the end the following new section3 #hch4 ,congressional notification and other requirements for major acquisition program breach 7a7 ,breach defined ,the term breach1 with respect to a major acquisition program1 means a failure to meet any cost1 schedule1 or performance parameter specified in the acquisition program baseline4 7b7 ,requirements within department if breach occurs 7#a7 ,notifications 7,a7 ,notification of breach ,if a breach occurs in a major acquisition program1 the program manager for that program shall notify the head of the component concerned1 the ,component ,acquisition ,executive for the program1 the ,executive ,director referred to in section #gaj7;b7 of this ,act1 the ,under ,secretary for ,management1 and the ,deputy ,secretary4 7,b7 ,notification to ,secretary ,if a major acquisition program has a breach with a cost overrun greater than #ae percent or a schedule delay greater than #ahj days from the costs or schedule set forth in the acquisition program baseline for the program1 the ,secretary and the ,inspector ,general of the ,department shall be notified not later than #e business days after the breach is identified4 7#b7 ,remediation plan and root cause analysis 7,a7 ,in general ,in the case of a breach with a cost overrun greater than #ae percent or a schedule delay greater than #ahj days from the costs or schedule set forth in the acquisition program baseline1 a remediation plan and root cause analysis is required1 and the ,under ,secretary for ,management or his designee shall establish a date for submission within the ,department of a breach remediation plan and root cause analysis in accordance with this subsection4 7,b7 ,remediation plan ,the remediation plan required under this subsection shall be submitted in writing to the head of the component concerned1 the ,executive ,director referred to in section #gaj7;b7 of this ,act1 and the ,under ,secretary for ,management4 ,the plan shall-- 7i7 explain the circumstances of the breach2 7ii7 provide prior cost estimating information2 7iii7 propose corrective action to control cost growth1 schedule delays1 or performance issues2 7iv7 in coordination with ,component ,acquisition ,executive1 discuss all options considered1 including the estimated impact on cost1 schedule1 or performance of the program if no changes are made to current requirements1 the estimated cost of the program if requirements are modified1 and the extent to which funding from other programs will need to be reduced to cover the cost growth of the program2 and 7v7 explain the rationale for why the proposed corrective action is recommended4 7,c7 ,root cause analysis ,the root cause analysis required under this subsection shall determine the underlying cause or causes of shortcomings in cost1 schedule1 or performance of the program1 including the role1 if any1 of the following3 7i7 ,unrealistic performance expectations4 7ii7 ,unrealistic baseline estimates for cost or schedule or changes in program requirements4 7iii7 ,immature technologies or excessive manufacturing or integration risk4 7iv7 ,unanticipated design1 engineering1 manufacturing1 or technology integration issues arising during program performance4 7v7 ,changes in procurement quantities4 7vi7 ,inadequate program funding or changes in planned out-year funding from #a #e-year funding plan to the next #e-year funding plan as outlined in the ,future ,years ,homeland ,security ,program required under section #hgd of this ,act4 7vii7 ,legislative1 legal1 or regulatory changes4 7viii7 ,inadequate program management personnel1 including lack of training1 credentials1 certifications1 or use of best practices4 7#c7 ,correction of breach ,the ,under ,secretary for ,management or his designee shall establish a date for submission within the ,department of a program of corrective action that ensures that #a of the following actions has occurred3 7,a7 ,the breach has been corrected and the program is again in compliance with the original acquisition program baseline parameters4 7,b7 ,a revised acquisition program baseline has been approved4 7,c7 ,the program has been halted or cancelled4 7c7 ,requirements relating to congressional notification if breach occurs 7#a7 ,notification to congress ,if a notification is made under subsection 7b77#a77;,b7 for a breach in a major acquisition program with a cost overrun greater than #ae percent or a schedule delay greater than #ahj days from the costs or schedule set forth in the acquisition program baseline1 or with an anticipated failure for any key performance threshold or parameter specified in the acquisition program baseline1 the ,under ,secretary for ,management shall notify the congressional homeland security committees of the breach in the next quarterly ,comprehensive ,acquisition ,status ,report after the ,under ,secretary for ,management receives the notification from the program manager under subsection 7b77#a77;,b74 7#b7 ,substantial variances in costs or schedule ,if a likely cost overrun is greater than #bj percent or a likely delay is greater than #ab months from the costs and schedule set forth in the acquisition program baseline for a major acquisition program1 the ,under ,secretary for ,management shall include in the notification required in 7c77#a7 a written certification1 with supporting explanation1 that-- 7,a7 the acquisition is essential to the accomplishment of the ,department's mission2 7,b7 there are no alternatives to such capability or asset that will provide equal or greater capability in both a more cost-effective and timely manner2 7,c7 the new acquisition schedule and estimates for total acquisition cost are reasonable2 and 7,d7 the management structure for the acquisition program is adequate to manage and control performance1 cost1 and schedule4 7#c7 ,submissions to ,congress ,not later than #cj calendar days after submission to such committees of a breach notification under paragraph 7#a7 of this section for a major acquisition program1 the ,under ,secretary for ,management shall submit to such committees the following3 7,a7 ,a copy of the remediation plan and the root cause analysis prepared under subsection 7b77#b7 for the program4 7,b7 ,a statement describing the corrective action or actions that have occurred pursuant to subsection 7b77#c7 for the program1 with a justification for the action or actions4 7d7 ,additional actions if breach occurs 7#a7 ,prohibition on obligation of funds ,during the #ij-;day period following submission under subsection 7c77#c7 of a remediation plan1 root cause analysis1 and statement of corrective actions with respect to a major acquisition program1 the ,under ,secretary for ,management shall submit a certification described in paragraph 7#b7 of this subsection to the congressional homeland security committees4 ,if the ,under ,secretary for ,management does not submit such certification by the end of such #ij-;day period1 then funds appropriated to the major acquisition program shall not be obligated until the ,under ,secretary for ,management submits such certification4 7#b7 ,certification ,for purposes of paragraph 7#a71 the certification described in this paragraph is a certification that-- 7,a7 the ,department has adjusted or restructured the program in a manner that addresses the root cause or causes of the cost growth in the program2 and 7,b7 the ,department has conducted a thorough review of the breached program's acquisition decision event approvals and the current acquisition decision event approval for the breached program has been adjusted as necessary to account for the restructured program4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is further amended by adding after the item relating to section #hcg the following new item3 ,sec4 #hch4 ,congressional notification and other requirements for major acquisition program breach4 4 #bcb4 ,multiyear acquisition strategy 7a7 ,in general 7#a7 ,amendment ,subtitle ,d of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cia et seq47 is further amended by adding at the end the following new section3 #hci4 ,multiyear acquisition strategy 7a7 ,multiyear acquisition strategy required ,not later than #a year after the date of the enactment of this section1 the ,secretary shall submit to the appropriate homeland security committees 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 and to help industry better understand1 plan1 and align resources to meet the future acquisition needs of the ,department4 ,the strategy shall be updated and included in each ,future ,years ,homeland ,security ,program required under section #hgd of this ,act4 7b7 ,consultation ,in developing the strategy1 the ,secretary shall consult with others as the ,secretary deems appropriate1 including headquarters1 components1 employees in the field1 and when appropriate1 individuals from industry and the academic community4 7c7 ,form of strategy ,the report shall be submitted in unclassified form but may include a classified annex for any sensitive or classified information if necessary4 ,the ,department also shall publish the plan in an unclassified format that is publicly available4 7d7 ,contents of strategy ,the strategy shall include the following3 7#a7 ,prioritized list ,a systematic and integrated prioritized list developed by the ,under ,secretary for ,management or his designee in coordination with all of the ,component ,acquisition ,executives of ,department major acquisition programs that ,department and component acquisition investments seek to address1 that includes the expected security and economic benefit of the program or system and an analysis of how the security and economic benefit derived from the program or system will be measured4 7#b7 ,inventory ,a plan to develop a reliable ,department-wide inventory of investments and real property assets to help the ,department plan1 budget1 schedule1 and acquire upgrades of its systems and equipment and plan for the acquisition and management of future systems and equipment4 7#c7 ,funding gaps ,a plan to address funding gaps between funding requirements for major acquisition programs and known available resources including1 to the maximum extent practicable1 ways of leveraging best practices to identify and eliminate overpayment for items to prevent wasteful purchasing1 achieve the greatest level of efficiency and cost savings by rationalizing purchases1 aligning pricing for similar items1 and utilizing purchase timing and economies of scale4 7#d7 ,identification of capabilities ,an identification of test1 evaluation1 modeling1 and simulation capabilities that will be required to support the acquisition of the technologies to meet the needs of the plan and ways to leverage to the greatest extent possible the emerging technology trends and research and development trends within the public and private sectors and an identification of ways to ensure that the appropriate technology is acquired and integrated into the ,department's operating doctrine and procured in ways that improve mission performance4 7#e7 ,focus on flexible solutions ,an assessment of ways the ,department can improve its ability to test and acquire innovative solutions to allow needed incentives and protections for appropriate risk-taking in order to meet its acquisition needs with resiliency1 agility1 and responsiveness to assure the ,nation's homeland security and facilitate trade4 7#f7 ,focus on ,incentives to ,save ,taxpayer ,dollars ,an assessment of ways the ,department can develop incentives for program managers and senior ,department acquisition officials to prevent cost overruns1 avoid schedule delays1 and achieve cost savings in major acquisition programs4 7#g7 ,focus on addressing delays and bid protests ,an assessment of ways the ,department can improve the acquisition process to minimize cost overruns in requirements development1 procurement announcements1 requests for proposals1 evaluation of proposals1 protests of decisions and awards and through the use of best practices as defined in section #d7;b7 of the ,,dhs ,headquarters ,reform and ,improvement ,act of #bjae and lessons learned by the ,department and other ,federal agencies4 7#h7 ,focus on improving outreach ,an identification and assessment of ways to increase opportunities for communication and collaboration with industry1 small and disadvantaged businesses1 intra-government entities1 university centers of excellence1 accredited certification and standards development organizations1 and national laboratories to ensure that the ,department understands the market for technologies1 products1 and innovation that is available to meet its mission needs to inform the requirements-setting process and before engaging in an acquisition1 including-- 7,a7 methods designed especially to engage small and disadvantaged businesses and a cost-benefit analysis of the tradeoffs that small and disadvantaged businesses provide1 barriers to entry for small and disadvantaged businesses1 and unique requirements for small and disadvantaged businesses2 and 7,b7 within the ,department ,vendor ,communication ,plan and ,market ,research ,guide1 instructions for interaction by program managers with such entities to prevent misinterpretation of acquisition regulations and to permit freedom within legal and ethical boundaries for program managers to interact with such businesses with transparency4 7#i7 ,competition ,a plan regarding competition as described in subsection 7e74 7#aj7 ,acquisition workforce ,a plan regarding the ,department acquisition workforce as described in subsection 7f74 7#aa7 ,feasibility of workforce development fund pilot program ,an assessment of the feasibility of conducting a pilot program to establish an acquisition workforce development fund as described in subsection 7g74 7e7 ,competition plan ,the strategy shall also include a plan 7referred to in subsection 7d77#i77 that shall address actions to ensure competition1 or the option of competition1 for major acquisition programs4 ,the plan may include assessments of the following measures in appropriate cases if such measures are cost effective3 7#a7 ,competitive prototyping4 7#b7 ,dual-sourcing4 7#c7 ,unbundling of contracts4 7#d7 ,funding of next-generation prototype systems or subsystems4 7#e7 ,use of modular1 open architectures to enable competition for upgrades4 7#f7 ,acquisition of complete technical data packages4 7#g7 ,periodic competitions for subsystem upgrades4 7#h7 ,licensing of additional suppliers1 including small businesses4 7#i7 ,periodic system or program reviews to address long-term competitive effects of program decisions4 7f7 ,acquisition workforce plan 7#a7 ,acquisition workforce ,the strategy shall also include a plan 7referred to in subsection 7d77#aj77 to address ,department acquisition workforce accountability and talent management that identifies the acquisition workforce needs of each component performing acquisition functions and develops options for filling those needs with qualified individuals1 including a cost-benefit analysis of contracting for acquisition assistance4 7#b7 ,additional matters covered ,the acquisition workforce plan shall address ways to-- 7,a7 improve the recruitment1 hiring1 training1 and retention of ,department acquisition workforce personnel1 including contracting officer's representatives1 in order to retain highly qualified individuals that have experience in the acquisition life cycle1 complex procurements1 and management of large programs2 7,b7 empower program managers to have the authority to manage their programs in an accountable and transparent manner as they work with the acquisition workforce2 7,c7 prevent duplication within ,department acquisition workforce training and certification requirements through leveraging already-existing training within the ,federal ,government1 academic community1 or private industry2 7,d7 achieve integration and consistency with ,government-wide training and accreditation standards1 acquisition training tools1 and training facilities2 7,e7 designate the acquisition positions that will be necessary to support the ,department acquisition requirements1 including in the fields of-- 7i7 program management2 7ii7 systems engineering2 7iii7 procurement1 including contracting2 7iv7 test and evaluation2 7v7 life cycle logistics2 7vi7 cost estimating and program financial management2 and 7vii7 additional disciplines appropriate to ,department mission needs2 7,f7 strengthen the performance of contracting officer's representatives 7as defined in subpart #a4fjb-b and subpart #b4aja of the ,federal ,acquisition ,regulation71 including by-- 7i7 assessing the extent to which contracting officer's representatives are certified and receive training that is appropriate2 7ii7 determining what training is most effective with respect to the type and complexity of assignment2 and 7iii7 implementing actions to improve training based on such assessment2 and 7,g7 identify ways to increase training for relevant investigators and auditors to examine fraud in major acquisition programs1 including identifying opportunities to leverage existing ,government and private sector resources in coordination with the ,inspector ,general of the ,department4 7g7 ,feasibility of workforce development fund pilot program ,the strategy shall also include an assessment 7referred to in subsection 7d77#aa77 of the feasibility of conducting a pilot program to establish a ,homeland ,security ,acquisition ,workforce ,development ,fund 7in this subsection referred to as the ,fund7 to ensure the ,department acquisition workforce has the capacity1 in both personnel and skills1 needed to properly perform its mission and ensure that the ,department receives the best value for the expenditure of public resources4 ,the assessment shall address the following3 7#a7 ,ways to fund the ,fund1 including the use of direct appropriations1 or the credit1 transfer1 or deposit of unobligated or unused funds from ,department components into the ,fund to remain available for obligation in the fiscal year for which credited1 transferred1 or deposited and to remain available for successive fiscal years4 7#b7 ,ways to reward the ,department acquisition workforce and program managers for good program management in controlling cost growth1 limiting schedule delays1 and ensuring operational effectiveness through providing a percentage of the savings or general acquisition bonuses4 7#c7 ,guidance for the administration of the ,fund that includes provisions to do the following3 7,a7 ,describe the costs and benefits associated with the use of direct appropriations or credit1 transfer1 or deposit of unobligated or unused funds to finance the ,fund4 7,b7 ,describe the manner and timing for applications for amounts in the ,fund to be submitted4 7,c7 ,explain the evaluation criteria to be used for approving or prioritizing applications for amounts in the ,fund in any fiscal year4 7,d7 ,explain the mechanism to report to ,congress on the implementation of the ,fund on an ongoing basis4 7,e7 ,detail measurable performance metrics to determine if the ,fund is meeting the objective to improve the acquisition workforce and to achieve cost savings in acquisition management4 4 7#b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is further amended by adding after the item relating to section #hch the following new item3 ,sec4 #hci4 ,multiyear acquisition strategy4 4 7b7 ,conforming amendment to future years homeland security program ,section #hgd7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #ded7;b77 is amended-- 7#a7 by striking and at the end of paragraph 7#b72 7#b7 by striking the period at the end of paragraph 7#c7 and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#d7 include the multiyear acquisition strategy required under section #hci of this ,act4 4 #bcc4 ,acquisition reports 7a7 ,in general ,subtitle ,d of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cia et seq47 is further amended by adding at the end the following new section3 #hdj4 ,acquisition reports 7a7 ,comprehensive ,acquisition ,status ,report 7#a7 ,in general ,the ,under ,secretary for ,management each year shall submit to the congressional homeland security committees1 at the same time as the ,president's budget is submitted for a fiscal year under section #aaje7;a7 of title #ca1 ,united ,states ,code1 a comprehensive acquisition status report4 ,the report shall include the following3 7,a7 ,the information required under the heading ,office of the ,under ,secretary for ,management under title ,i of division ,d of the ,consolidated ,appropriations ,act1 #bjab 7,public ,law #aab-gd7 7as required under the ,department of ,homeland ,security ,appropriations ,act1 #bjac 7,public ,law #aac-f774 7,b7 ,a listing of programs that have been cancelled1 modified1 paused1 or referred to the ,under ,secretary for ,management or ,deputy ,secretary for additional oversight or action by the ,board1 ,department ,office of ,inspector ,general1 or the ,comptroller ,general4 7,c7 ,a listing of established ,executive ,steering ,committees1 which provide governance of a program or related set of programs and lower-tiered oversight1 and support between acquisition decision events and component reviews1 including the mission and membership for each4 7#b7 ,information for major acquisition programs ,for each major acquisition program1 the report shall include the following3 7,a7 ,a narrative description1 including current gaps and shortfalls1 the capabilities to be fielded1 and the number of planned increments or units4 7,b7 ,acquisition ,review ,board 7or other board designated to review the acquisition7 status of each acquisition1 including the current acquisition phase1 the date of the last review1 and a listing of the required documents that have been reviewed with the dates reviewed or approved4 7,c7 ,the most current1 approved acquisition program baseline 7including project schedules and events74 7,d7 ,a comparison of the original acquisition program baseline1 the current acquisition program baseline1 and the current estimate4 7,e7 ,whether or not an independent verification and validation has been implemented1 with an explanation for the decision and a summary of any findings4 7,f7 ,a rating of cost risk1 schedule risk1 and technical risk associated with the program 7including narrative descriptions and mitigation actions74 7,g7 ,contract status 7including earned value management data as applicable74 7,h7 ,a lifecycle cost of the acquisition1 and time basis for the estimate4 7#c7 ,updates ,the ,under ,secretary shall submit quarterly updates to such report not later than #de days after the completion of each quarter4 7b7 ,quarterly ,program ,accountability ,report ,the ,under ,secretary for ,management shall prepare a quarterly program accountability report to meet the ,department's mandate to perform program health assessments and improve program execution and governance4 ,the report shall be submitted to the congressional homeland security committees4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is further amended by adding after the item relating to section #hci the following new item3 ,sec4 #hdj4 ,acquisition reports4 4 #bcd4 ,government ,accountability ,office review of multiyear acquisition strategy 7a7 ,review required ,after submission to ,congress of the first multiyear acquisition strategy 7pursuant to section #hci of the ,homeland ,security ,act of #bjjb7 after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a review of the plan within #ahj days to analyze the viability of the plan's effectiveness in the following3 7#a7 ,complying with the requirements in section #hci of the ,homeland ,security ,act of #bjjb1 as added by section #bcb of this ,act4 7#b7 ,establishing clear connections between ,department objectives and acquisition priorities4 7#c7 ,demonstrating that ,department acquisition policy reflects program management best practices and standards4 7#d7 ,ensuring competition or the option of competition for major acquisition programs4 7#e7 ,considering potential cost savings through using already-existing technologies when developing acquisition program requirements4 7#f7 ,preventing duplication within ,department acquisition workforce training requirements through leveraging already-existing training within the ,federal ,government1 academic community1 or private industry4 7#g7 ,providing incentives for program managers to reduce acquisition and procurement costs through the use of best practices and disciplined program management4 7#h7 ,maximizing small business utilization in acquisitions by1 to the maximum extent practicable1 ensuring strategic sourcing vehicles seek to increase participation by small businesses1 including small and disadvantaged business4 7#i7 ,assessing the feasibility of conducting a pilot program to establish a ,homeland ,security ,acquisition ,workforce ,development ,fund4 7b7 ,report required ,the ,comptroller ,general shall submit to the congressional homeland security committees a report on the review required by this section4 ,the report shall be submitted in unclassified form but may include a classified annex4 #bce4 ,office of ,inspector ,general report 7a7 ,review required ,no later than #b years following the submission of the report submitted by the ,comptroller ,general of the ,united ,states as required by section #bcd1 the ,department's ,inspector ,general shall conduct a review of whether the ,department has complied with the multiyear acquisition strategy 7pursuant to section #hci of the ,homeland ,security ,act of #bjjb7 and adhered to the strategies set forth in the plan4 ,the review shall also consider whether the ,department has complied with the requirements to provide the ,acquisition ,review ,board with a capability development plan for each major acquisition program4 7b7 ,report required ,the ,inspector ,general shall submit to the congressional homeland security committees a report of the review required by this section4 ,the report shall be submitted in unclassified form but may include a classified annex4 ,october #bj1 #bjae ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed