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H.R. 2825 (115th): DHS Authorization Act


The text of the bill below is as of Jun 8, 2017 (Introduced).

Summary of this bill

Source: Republican Policy Committee

H.R. 2825 authorizes the activities of the Department of Homeland Security (DHS) and provides necessary oversight and guidance to the Department to ensure that it is effectively carrying out the mission of securing the homeland. A full section-by-section of the legislation can be found here and executive summary can be found here.  Major provisions include the following:

Title I – Department of Homeland Security Headquarters

Title I identifies the offices that constitute DHS’s headquarters and outlines key functions which include establishing an overall strategy to successfully further the mission of the Department, establishing incentives that improve Department-wide operational performance, managing and encouraging shared services across Department components, and establishing …


I

115th CONGRESS

1st Session

H. R. 2825

IN THE HOUSE OF REPRESENTATIVES

June 8, 2017

(for himself and Mr. Higgins of Louisiana) introduced the following bill; which was referred to the Committee on Homeland Security

A BILL

To amend the Homeland Security Act of 2002 to make certain improvements in the laws administered by the Secretary of Homeland Security, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Department of Homeland Security Authorization Act of 2017 or the DHS Authorization Act of 2017.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Prohibition on additional authorization of appropriations.

Sec. 3. Definition of congressional homeland security committees.

Title I—Department of Homeland Security Headquarters

Sec. 101. Homeland security enterprise defined.

Sec. 102. Functions and components of Headquarters of Department of Homeland Security.

Sec. 103. Repeal of Director of Shared Services and Office of Counternarcotics Enforcement of Department of Homeland Security.

Sec. 104. Responsibilities and functions of Chief Privacy Officer.

Sec. 105. Responsibilities of Chief Financial Officer.

Sec. 106. Chief Information Officer.

Sec. 107. Quadrennial Homeland Security review.

Sec. 108. Office of Strategy, Policy, and Plans.

Sec. 109. Chief Procurement Officer.

Sec. 110. Chief Security Officer.

Sec. 111. Office of Inspector General.

Sec. 112. Department of Homeland Security Rotation Program.

Sec. 113. Future Years Homeland Security Program.

Sec. 114. Field efficiencies plan.

Sec. 115. Submission to Congress of information regarding reprogramming or transfer of Department of Homeland Security resources to respond to operational surges.

Sec. 116. Report to Congress on cost savings and efficiency.

Sec. 117. Research and development and CBRNE organizational review.

Title II—Department of Homeland Security Acquisition Accountability and Efficiency

Sec. 201. Definitions.

Subtitle A—Acquisition Authorities

Sec. 211. Acquisition authorities for Under Secretary for Management of the Department of Homeland Security.

Sec. 212. Acquisition authorities for Chief Financial Officer of the Department of Homeland Security.

Sec. 213. Acquisition authorities for Chief Information Officer of the Department of Homeland Security.

Sec. 214. Acquisition authorities for Program Accountability and Risk Management.

Subtitle B—Acquisition Program Management Discipline

Sec. 221. Acquisition Review Board.

Sec. 222. Requirements to reduce duplication in acquisition programs.

Sec. 223. Government Accountability Office review of Board and of requirements to reduce duplication in acquisition programs.

Sec. 224. Excluded party list system waivers.

Sec. 225. Inspector General oversight of suspension and debarment.

Subtitle C—Acquisition Program Management Accountability and Transparency

Sec. 231. Congressional notification for major acquisition programs.

Sec. 232. Multiyear Acquisition Strategy.

Sec. 233. Acquisition reports.

2.

Prohibition on additional authorization of appropriations

No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act. This Act and such amendments shall be carried out using amounts otherwise available for such purposes.

3.

Definition of congressional homeland security committees

In this Act, the term congressional homeland security committees means—

(1)

the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(2)

the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate.

I

Department of Homeland Security Headquarters

101.

Homeland security enterprise defined

Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended—

(1)

by redesignating paragraphs (9) through (20) as paragraphs (10) through (21), respectively; and

(2)

by inserting after paragraph (8) the following new paragraph (9):

(9)

The term homeland security enterprise means any relevant governmental or nongovernmental entity involved in homeland security, including a Federal, State, or local government official, private sector representative, academic, or other policy expert.

.

102.

Functions and components of Headquarters of Department of Homeland Security

Section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) is amended—

(1)

in subsection (c)—

(A)

in the matter preceding paragraph (1), by striking through the Office of State and Local Coordination (established under section 801) and inserting through the Office of Partnership and Engagement;

(B)

in paragraph (2), by striking and after the semicolon at the end;

(C)

in paragraph (3), by striking the period and inserting ; and; and

(D)

by adding at the end the following:

(4)

entering into agreements with governments of other countries, in consultation with the Secretary of State, and international nongovernmental organizations in order to achieve the missions of the Department.

; and

(2)

by adding at the end the following new subsection:

(h)

Headquarters

(1)

Components

There is in the Department a Headquarters. The Department Headquarters shall include each of the following:

(A)

The Office of the Secretary.

(B)

The Office of the Deputy Secretary.

(C)

The Executive Secretary.

(D)

The Management Directorate, including the Office of the Chief Financial Officer.

(E)

The Office of Strategy, Policy, and Plans.

(F)

The Office of the General Counsel.

(G)

The Office of the Chief Privacy Officer.

(H)

The Office for Civil Rights and Civil Liberties.

(I)

The Office of Operations Coordination.

(J)

The Office of Intelligence and Analysis.

(K)

The Office of Legislative Affairs.

(L)

The Office of Public Affairs.

(M)

The Office of the Inspector General.

(N)

The Office of the Citizenship and Immigration Services Ombudsman.

(2)

Functions

The Secretary, acting through the appropriate official of the Headquarters, shall—

(A)

establish an overall strategy to successfully further the mission of the Department;

(B)

establish initiatives that improve Department-wide operational performance;

(C)

establish mechanisms to—

(i)

ensure that components of the Department comply with Department policies and fully implement the strategies and initiatives of the Secretary; and

(ii)

require the head of each component of the Department and component chief officers to comply with such policies and implement such strategies and initiatives;

(D)

establish annual operational and management objectives to evaluate the performance of the Department;

(E)

ensure that the Department successfully meets operational and management performance objectives through conducting oversight of component agencies;

(F)

ensure that the strategies, priorities, investments, and workforce of Department components align with Department objectives;

(G)

establish and implement policies related to Department ethics and compliance standards;

(H)

manage and encourage shared services across Department components;

(I)

lead and coordinate interaction with Congress and other external organizations; and

(J)

carry out other such functions as the Secretary determines are appropriate.

.

103.

Repeal of Director of Shared Services and Office of Counternarcotics Enforcement of Department of Homeland Security

(a)

Abolishment of Director of Shared Services

(1)

Abolishment

The position of Director of Shared Services of the Department of Homeland Security is abolished.

(2)

Conforming amendment

The Homeland Security Act of 2002 is amended by striking section 475 (6 U.S.C. 295).

(3)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by striking the item relating to section 475.

(b)

Abolishment of the Office of Counternarcotics Enforcement

(1)

Abolishment

The Office of Counternarcotics Enforcement is abolished.

(2)

Conforming amendments

The Homeland Security Act of 2002 is amended—

(A)

in subparagraph (B) of section 843(b)(1) (6 U.S.C. 413(b)(1)), by striking by— and all that follows through the end of that subparagraph and inserting by the Secretary; and; and

(B)

by striking section 878 (6 U.S.C. 112).

(3)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by striking the item relating to section 878.

104.

Responsibilities and functions of Chief Privacy Officer

(a)

In general

Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is amended—

(1)

in subsection (a)—

(A)

in the matter preceding paragraph (1)—

(i)

by inserting to be the Chief Privacy Officer of the Department, after in the Department,; and

(ii)

by striking to the Secretary, to assume and inserting to the Secretary. Such official shall have;

(B)

in paragraph (5), by striking and at the end;

(C)

by striking paragraph (6); and

(D)

by inserting after paragraph (5) the following new paragraphs:

(6)

developing guidance to assist components of the Department in developing privacy policies and practices;

(7)

establishing a mechanism to ensure such components are in compliance with Federal, regulatory, statutory, and Department privacy requirements, mandates, directives, and policies;

(8)

working with the Chief Information Officer of the Department to identify methods for managing and overseeing the records, management policies, and procedures of the Department;

(9)

working with components and offices of the Department to ensure that information sharing activities incorporate privacy protections;

(10)

serving as the Chief FOIA Officer of the Department for purposes of subsection (j) of section 552 of title 5, United States Code (popularly known as the Freedom of Information Act), to manage and process requests related to such section;

(11)

developing guidance on procedures to be followed by individuals making requests for information under section 552 of title 5, United States Code;

(12)

overseeing the management and processing of requests for information under section 552 of title 5, United States Code, within Department Headquarters and relevant Department component offices;

(13)

identifying and eliminating unnecessary and duplicative actions taken by the Department in the course of processing requests for information under section 552 of title 5, United States Code;

(14)

preparing an annual report to Congress that includes—

(A)

a description of the activities of the Department that affect privacy during the fiscal year covered by the report, including complaints of privacy violations, implementation of section 552a of title 5, United States Code (popularly known as the Privacy Act of 1974), internal controls, and other matters; and

(B)

the number of new technology programs implemented in the Department during the fiscal year covered by the report, the number of such programs that the Chief Privacy Officer has evaluated to ensure that privacy protections are considered and implemented, the number of such programs that effectively implemented privacy protections into new technology programs, and an explanation of why any new programs did not effectively implement privacy protections; and

(15)

carrying out such other responsibilities as the Secretary determines are appropriate, consistent with this section.

; and

(2)

by adding at the end the following new subsection:

(f)

Reassignment of functions

Notwithstanding subsection (a)(10), the Secretary may reassign the functions related to managing and processing requests for information under section 552 of title 5, United States Code, to another officer within the Department, consistent with requirements of that section.

.

105.

Responsibilities of Chief Financial Officer

Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 342) is amended—

(1)

by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

(2)

by inserting after subsection (a) the following new subsection (b):

(b)

Responsibilities

The Chief Financial Officer, in consultation with the Under Secretary for Management and the Under Secretary for Intelligence and Analysis, as appropriate, shall—

(1)

oversee Department budget formulation and execution;

(2)

lead and provide guidance on performance-based budgeting practices for the Department to ensure that the Department and its components are meeting missions and goals;

(3)

lead cost-estimating practices for the Department, including the development of policies on cost estimating and approval of life cycle cost estimates;

(4)

coordinate with the Office of Strategy, Policy, and Plans to ensure that the development of the budget for the Department is compatible with the long-term strategic plans, priorities, and policies of the Secretary;

(5)

develop financial management policy for the Department and oversee the implementation of such policy, including the establishment of effective internal controls over financial reporting systems and processes throughout the Department;

(6)

provide guidance for and over financial system modernization efforts throughout the Department;

(7)

lead the efforts of the Department related to financial oversight, including identifying ways to streamline and standardize business processes;

(8)

oversee the costs of acquisition programs and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable, or can be adequately funded, over the life cycle of such programs and activities; and

(9)

fully implement a common accounting structure to be used across the entire Department by fiscal year 2020.

.

106.

Chief Information Officer

(a)

In general

Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is amended—

(1)

in subsection (a), by adding at the end the following new sentence: In addition to the functions under section 3506(a)(2) of title 44, United States Code, the Chief Information Officer shall perform the functions set forth in this section and such other functions as may be assigned by the Secretary.;

(2)

by redesignating subsection (b) as subsection (d); and

(3)

by inserting after subsection (a) the following new subsections:

(b)

Responsibilities

In addition to performing the functions under section 3506 of title 44, United States Code, the Chief Information Officer shall serve as the lead technical authority for information technology programs of the Department and Department components and, in consultation with the Under Secretary for Management, shall—

(1)

advise and assist the Secretary, heads of the components of the Department, and other senior officers in carrying out the responsibilities of the Department for all activities relating to the budgets, programs, security, and operations of the information technology functions of the Department;

(2)

to the extent delegated by the Secretary, exercise leadership and authority over Department information technology management and establish the information technology priorities, policies, processes, standards, guidelines, and procedures of the Department to ensure interoperability and standardization of information technology;

(3)

maintain a consolidated inventory of the mission critical and mission essential information systems of the Department, and develop and maintain contingency plans for responding to a disruption in the operation of any of those information systems;

(4)

maintain the security, visibility, reliability, integrity, and availability of data and information technology of the Department;

(5)

establish and implement policies and procedures to effectively monitor and manage vulnerabilities in the supply chain for purchases of information technology, in consultation with the Chief Procurement Officer of the Department;

(6)

review contracts and interagency agreements associated with major information technology investments and information technology investments that have had cost, schedule, or performance challenges in the past;

(7)

assess the risk of all major information technology investments and publically report the risk rating to the Office of Management and Budget; and

(8)

carry out any other responsibilities delegated by the Secretary consistent with an effective information system management function.

(c)

Strategic plans

In coordination with the Chief Financial Officer, the Chief Information Officer shall develop an information technology strategic plan every five years and report to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate on the extent to which—

(1)

the budget of the Department aligns with priorities specified in the information technology strategic plan;

(2)

the information technology strategic plan informs the budget process of the Department;

(3)

information technology priorities were or were not funded and the reasons for not funding all priorities in a given fiscal year;

(4)

the Department has identified and addressed skills gaps needed to implement the information technology strategic plan; and

(5)

unnecessary duplicate information technology within and across the components of the Department has been eliminated.

.

(b)

Software licensing

(1)

Software inventory

Not later than 180 days after the date of the enactment of this Act and every two years thereafter until 2022, the Chief Information Officer of the Department of Homeland Security, in consultation with Department component chief information officers, shall—

(A)

conduct a Department-wide inventory of all existing software licenses held by the Department, including utilized and unutilized licenses;

(B)

assess the needs of the Department and the components of the Department for software licenses for the subsequent two fiscal years;

(C)

examine how the Department can achieve the greatest possible economies of scale and cost savings in the procurement of software licenses;

(D)

determine how the use of shared cloud-computing services will impact the needs for software licenses for the subsequent two fiscal years;

(E)

establish plans and estimated costs for eliminating unutilized software licenses for the subsequent two fiscal years; and

(F)

submit a copy of each inventory conducted under subparagraph (A) to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.

(2)

Plan to reduce software licenses

If the Chief Information Officer determines through the inventory conducted under paragraph (1) that the number of software licenses held by the Department and the components of the Department exceed the needs of the Department, not later than 90 days after the date on which the inventory is completed, the Secretary of Homeland Security shall establish a plan for reducing the number of such software licenses to meet needs of the Department.

(3)

Prohibition on procurement of new software licenses

(A)

In general

Except as provided in subparagraph (B), upon completion of a plan under paragraph (2), no additional resources may be obligated for the procurement of new software licenses for the Department until such time as the need of the Department exceeds the number of used and unused licenses held by the Department.

(B)

Exception

The Chief Information Officer may authorize the purchase of additional licenses and amend the number of needed licenses as necessary.

(c)

Comptroller General review

Not later than fiscal year 2019, the Comptroller General of the United States shall review the extent to which the Chief Information Officer fulfilled all requirements established in this section and the amendment made by this section.

(d)

Completion of first definition of capabilities

Not later than one year after the date of the enactment of this Act, the Chief Information Officer shall complete the first information technology strategic plan required under subsection (c) of section 701 of the Homeland Security Act of 2002, as added by subsection (a) of this section.

107.

Quadrennial Homeland Security review

(a)

In general

Section 707 of the Homeland Security Act of 2002 (6 U.S.C. 347) is amended—

(1)

in subsection (a)(3)—

(A)

in subparagraph (B), by striking and at the end;

(B)

by redesignating subparagraph (C) as subparagraph (D); and

(C)

by inserting after subparagraph (B) the following new subparagraph (C):

(C)

representatives from appropriate advisory committees established pursuant to section 871, including the Homeland Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise established, including the Aviation Security Advisory Committee established pursuant to section 44946 of title 49, United States Code; and

;

(2)

in subsection (b)—

(A)

in paragraph (2), by inserting before the semicolon at the end the following: based on the risk assessment required pursuant to subsection (c)(2)(B);

(B)

in paragraph (3)—

(i)

by inserting , to the extent practicable, after describe; and

(ii)

by striking budget plan and inserting resources required;

(C)

in paragraph (4)—

(i)

by inserting , to the extent practicable, after identify;

(ii)

by striking budget plan required to provide sufficient resources to successfully and inserting resources required to; and

(iii)

by striking the semicolon at the end and inserting , including any resources identified from redundant, wasteful, or unnecessary capabilities and capacities that can be redirected to better support other existing capabilities and capacities, as the case may be; and;

(D)

in paragraph (5), by striking ; and and inserting a period; and

(E)

by striking paragraph (6);

(3)

in subsection (c)—

(A)

in paragraph (1), by striking December 31 of the year and inserting 60 days after the date of the submittal of the President’s budget for the fiscal year after the fiscal year;

(B)

in paragraph (2)—

(i)

in subparagraph (B), by striking description of the threats to and inserting risk assessment of;

(ii)

in subparagraph (C), by inserting , as required under subsection (b)(2) before the semicolon at the end;

(iii)

in subparagraph (D)—

(I)

by inserting to the extent practicable, before a description; and

(II)

by striking budget plan and inserting resources required;

(iv)

in subparagraph (F)—

(I)

by inserting to the extent practicable, before a discussion; and

(II)

by striking the status of;

(v)

in subparagraph (G)—

(I)

by inserting to the extent practicable, before a discussion;

(II)

by striking the status of;

(III)

by inserting and risks before to national homeland; and

(IV)

by inserting and after the semicolon at the end;

(vi)

by striking subparagraph (H); and

(vii)

by redesignating subparagraph (I) as subparagraph (H);

(C)

by redesignating paragraph (3) as paragraph (4); and

(D)

by inserting after paragraph (2) the following new paragraph (3):

(3)

Documentation

The Secretary shall retain and, upon request, provide to Congress the following documentation regarding the quadrennial homeland security review:

(A)

Records regarding the consultation carried out the pursuant to subsection (a)(3), including—

(i)

all written communications, including communications sent out by the Secretary and feedback submitted to the Secretary through technology, online communications tools, in-person discussions, and the interagency process; and

(ii)

information on how feedback received by the Secretary informed the quadrennial homeland security review.

(B)

Information regarding the risk assessment, as required under subsection (c)(2)(B), including—

(i)

the risk model utilized to generate the risk assessment;

(ii)

information, including data used in the risk model, utilized to generate the risk assessment;

(iii)

sources of information, including other risk assessments, utilized to generate the risk assessment; and

(iv)

information on assumptions, weighing factors, and subjective judgments utilized to generate the risk assessment, together with information on the rationale or basis thereof.

; and

(4)

by redesignating subsection (d) as subsection (e); and

(5)

by inserting after subsection (c) the following new subsection (d):

(d)

Review

Not later than 90 days after the submission of each report required under subsection (c)(1), the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the degree to which the findings and recommendations developed in the quadrennial homeland security review covered by the report were integrated into the acquisition strategy and expenditure plans for the Department.

.

(b)

Effective date

The amendments made by this section shall apply with respect to a quadrennial homeland security review conducted after December 31, 2017.

108.

Office of Strategy, Policy, and Plans

(a)

In general

Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended—

(1)

in subsection (a), by adding at the end the following:

The Office of Strategy, Policy, and Plans shall include the following components:

(1)

The Office of Partnership and Engagement.

(2)

The Office of International Affairs.

(3)

The Office of Cyber, Infrastructure, and Resilience Policy.

(4)

The Office of Strategy, Planning, Analysis, and Risk.

(5)

The Office of Threat Prevention and Security Policy.

(6)

The Office of Border, Immigration, and Trade Policy.

;

(2)

by redesignating subsections (e) through (g) as subsections (f) through (h), respectively; and

(3)

by inserting after subsection (d) the following new subsection (e):

(e)

Assistant Secretaries and Directors

(1)

Assistant Secretary for Partnership and Engagement

The Office of Partnership and Engagement shall be led by an Assistant Secretary for Partnership and Engagement appointed by the Secretary. The Assistant Secretary shall—

(A)

lead the efforts of the Department to incorporate external feedback from stakeholders into policy and strategic planning efforts, as appropriate;

(B)

conduct the activities specified in section 2006(b);

(C)

advise the Secretary on the effects of the policies, regulations, processes, and actions of the Department on the private sector and create and foster strategic communications with the private sector to enhance the primary mission of the Department to protect the homeland;

(D)

coordinate the activities of the Department relating to State and local government;

(E)

provide State and local governments with regular information, research, and technical support to assist local efforts at securing the homeland; and

(F)

perform such other functions as are established by law or delegated by the Under Secretary for Policy.

(2)

Assistant Secretary for International Affairs

The Office of International Affairs shall be led by an Assistant Secretary for International Affairs appointed by the Secretary. The Assistant Secretary shall—

(A)

coordinate international activities within the Department, including activities carried out by the components of the Department, in consultation with other Federal officials with responsibility for counterterrorism and homeland security matters;

(B)

advise, inform, and assist the Secretary with respect to the development and implementation of the policy priorities of the Department, including strategic priorities for the deployment of assets, including personnel, outside the United States;

(C)

develop, in consultation with the Under Secretary for Management, guidance for selecting, assigning, training, and monitoring overseas deployments of Department personnel, including minimum standards for pre-deployment training;

(D)

maintain awareness regarding the international travel of senior officers of the Department and their intent to pursue negotiations with foreign government officials, and review resulting draft agreements; and

(E)

perform such other functions as are established by law or delegated by the Under Secretary for Policy.

.

(b)

Abolishment of Office of International Affairs

(1)

In general

The Office of International Affairs within the Office of the Secretary of Homeland Security is abolished.

(2)

Transfer of assets and personnel

The functions authorized to be performed by such office as of the day before the date of the enactment of this Act, and the assets and personnel associated with such functions, are transferred to the head of the Office of International Affairs provided for by section 709 of the Homeland Security Act of 2002, as amended by this section.

(3)

Conforming amendment

The Homeland Security Act of 2002 is amended by striking section 879 (6 U.S.C. 459).

(4)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by striking the item relating to section 879.

(c)

Transfer of functions, assets, and personnel of Office for State and Local Law Enforcement

The functions authorized to be performed by the Office for State and Local Law Enforcement of the Department of Homeland Security as of the day before the date of the enactment of this Act, and the assets and personnel associated with such functions, are transferred to the head of the Office of Partnership and Engagement provided for by section 709 of the Homeland Security Act of 2002, as amended by this section.

(d)

Abolishment of Office for State and Local Government Coordination

(1)

In general

The Office for State and Local Government Coordination of the Department of Homeland Security is abolished.

(2)

Transfer of functions and assets

The functions authorized to be performed by such office immediately before the enactment of this Act, and the assets and personnel associated with such functions, are transferred to the head of Office of Partnership and Engagement provided for by section 709 of the Homeland Security Act of 2002, as amended by this section.

(3)

Conforming amendment

The Homeland Security Act of 2002 is amended by striking section 801 (6 U.S.C. 631).

(4)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by striking the item relating to section 801.

(e)

Abolishment of Special Assistant to Secretary of Homeland Security

(1)

In general

The Special Assistant to the Secretary authorized by section 102(f) of the Homeland Security Act of 2002 (6 U.S.C. 112(f)), as in effect immediately before the enactment of this Act, is abolished.

(2)

Transfer of functions and assets

The functions authorized to be performed by such Special Assistant to the Secretary immediately before the enactment of this Act, and the assets and personnel associated with such functions, are transferred to the head of the Office of Partnership and Engagement provided for by section 709 of the Homeland Security Act of 2002, as amended by this section.

(3)

Conforming amendment

Section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) is amended by striking subsection (f).

(f)

Conforming amendments relating to Assistant Secretaries

Subsection (a) of section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113) is amended—

(1)

in the subsection heading, by inserting ; Assistant Secretaries after Under Secretaries;

(2)

in paragraph (1), by striking subparagraph (I) and redesignating subparagraphs (J) and (K) as subparagraphs (I) and (J), respectively;

(3)

by amending paragraph (2) to read as follows:

(2)

Assistant secretaries and other officials

(A)

Advice and consent appointments

The Department shall have the following officials appointed by the President, by and with the advice and consent of the Senate:

(i)

The Assistant Secretary, U.S. Immigration and Customs Enforcement.

(ii)

The Administrator, Transportation Security Administration.

(B)

Other presidential appointments

The Department shall have the following Assistant Secretaries appointed by the President:

(i)

The Assistant Secretary, Infrastructure Protection.

(ii)

The Assistant Secretary, Office of Public Affairs.

(iii)

The Assistant Secretary, Office of Legislative Affairs.

(C)

Secretarial appointments

The Department shall have the following Assistant Secretaries appointed by the Secretary:

(i)

The Assistant Secretary, Office of Cybersecurity and Communications.

(ii)

The Assistant Secretary for International Affairs.

(iii)

The Assistant Secretary for Partnership and Engagement.

(iv)

The Assistant Secretary for Threat Prevention and Security Policy.

(v)

The Assistant Secretary for Border, Immigration, and Trade Policy.

(vi)

The Assistant Secretary for Cyber, Infrastructure, and Resilience Policy.

(vii)

The Assistant Secretary for Strategy, Planning, Analysis, and Risk.

(viii)

The Assistant Secretary for State and Local Law Enforcement.

; and

(4)

by adding at the end the following new paragraphs:

(3)

Assistant Secretary, Legislative Affairs

The Assistant Secretary, Legislative Affairs shall oversee one internal reporting structure for engaging with authorizing and appropriating congressional committees.

(4)

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 Department of Homeland Security Authorization Act of 2017.

.

(g)

Homeland Security Advisory Council

Subsection (b) of section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) is amended—

(1)

in paragraph (2), by striking and at the end;

(2)

in paragraph (3), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new paragraph:

(4)

shall establish a Homeland Security Advisory Council to provide advice and recommendations on homeland-security-related matters.

.

(h)

Prohibition on new offices

No new office may be created to perform functions transferred by this section, other than as provided in section 709 of the Homeland Security Act of 2002, as amended by this Act.

(i)

Definitions

In this section each of the terms functions, assets, and personnel has the meaning given each such term under section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).

(j)

Duplication review

(1)

Review required

Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall complete a review of the functions and responsibilities of each Department of Homeland Security component responsible for international affairs to identify and eliminate areas of unnecessary duplication.

(2)

Submittal to Congress

Not later than 30 days after the completion of the review required under paragraph (1), the Secretary shall provide the results of the review to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.

(3)

Action plan

Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional homeland security committees an action plan, including corrective steps and an estimated date of completion, to address areas of duplication, fragmentation, and overlap and opportunities for cost savings and revenue enhancement, as identified by the Government Accountability Office based on the annual report of the Government Accountability Office entitled Additional Opportunities to Reduce Fragmentation, Overlap, and Duplication and Achieve Other Financial Benefits.

109.

Chief Procurement Officer

(a)

In general

Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section:

710.

Chief Procurement Officer

(a)

In general

There is in the Department a Chief Procurement Officer, who shall serve as a senior business advisor to agency officials on procurement-related matters and report directly to the Under Secretary for Management. The Chief Procurement Officer is the senior procurement executive for purposes of subsection (c) of section 1702 of title 41, United States Code, and shall perform procurement functions as specified in such subsection.

(b)

Responsibilities

The Chief Procurement Officer shall—

(1)

delegate or retain contracting authority, as appropriate;

(2)

issue procurement policies and oversee the heads of contracting activity of the Department to ensure compliance with those policies;

(3)

serve as the main liaison of the Department to industry on procurement-related issues;

(4)

account for the integrity, performance, and oversight of Department procurement and contracting functions;

(5)

ensure that procurement contracting strategies and plans are consistent with the intent and direction of the Acquisition Review Board;

(6)

oversee a centralized acquisition workforce certification and training program using, as appropriate, existing best practices and acquisition training opportunities from the Federal Government, private sector, or universities and colleges to include training on how best to identify actions that warrant referrals for suspension or debarment;

(7)

provide input on the periodic performance reviews of each head of contracting activity of the Department;

(8)

collect baseline data and use such data to establish performance measures on the impact of strategic sourcing initiatives on the private sector, including small businesses;

(9)

establish and implement policies and procedures to effectively monitor and manage vulnerabilities in the supply chain for all Department purchases;

(10)

ensure that a fair proportion of the value of Federal contracts and subcontracts are awarded to small businesses (in accordance with the procurement contract goals under section 15(g) of the Small Business Act (15 U.S.C. 644(g))), maximize opportunities for small business participation in such contracts, and ensure, to the extent practicable, small businesses that achieve qualified vendor status for security-related technologies are provided an opportunity to compete for contracts for such technology;

(11)

conduct oversight of implementation of administrative agreements to resolve suspension or debarment proceedings and, upon request, provide information to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate about the effectiveness of such agreements at improving contractor responsibility; and

(12)

carry out any other procurement duties that the Under Secretary for Management may designate.

(c)

Head of contracting activity defined

In this section the term head of contracting activity means an official responsible for the creation, management, and oversight of a team of procurement professionals properly trained, certified, and warranted to accomplish the acquisition of products and services on behalf of the designated components, offices, and organizations of the Department, and as authorized, other government entities.

.

(b)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title VII the following new item:

Sec. 710. Chief Procurement Officer.

.

110.

Chief Security Officer

(a)

In general

Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is further amended by adding at the end the following new section:

711.

Chief Security Officer

(a)

In general

There is in the Department a Chief Security Officer, who shall report directly to the Under Secretary for Management.

(b)

Responsibilities

The Chief Security Officer shall—

(1)

develop and implement the security policies, programs, and standards of the Department;

(2)

identify training and provide education to Department personnel on security-related matters; and

(3)

provide support to Department components on security-related matters.

.

(b)

Clerical amendment

The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to title VII the following new item:

Sec. 711. Chief Security Officer.

.

111.

Office of Inspector General

(a)

Notification

The heads of offices and components of the Department of Homeland Security shall promptly advise the Inspector General of the Department of all allegations of misconduct with respect to which the Inspector General has investigative authority under the Inspector General Act of 1978. The Inspector General may waive the notification requirement under this subsection with respect to any category or subset of allegations of misconduct.

(b)

Rule of construction

Nothing in this section may be construed as affecting the authority of the Secretary of Homeland Security under subsection (a) of section 8I of the Inspector General Act of 1978 (5 U.S.C. App. 8I).

112.

Department of Homeland Security Rotation Program

(a)

Enhancements to the rotation program

Section 844 of the Homeland Security Act of 2002 (6 U.S.C. 414(a)) is amended—

(1)

by striking (a) Establishment.—;

(2)

by redesignating paragraphs (1) through (5) as subsections (a) through (e), respectively, and adjusting the margins accordingly;

(3)

in subsection (a), as so redesignated—

(A)

by striking Not later than 180 days after the date of enactment of this section, the and inserting The; and

(B)

by striking for employees of the Department and inserting for certain personnel within the Department;

(4)

in subsection (b), as so redesignated—

(A)

by redesignating subparagraphs (A) through (G) as paragraphs (3) through (9), respectively, and adjusting the margins accordingly;

(B)

by inserting before paragraph (3), as so redesignated, the following new paragraphs:

(1)

seek to foster greater departmental integration and unity of effort;

(2)

seek to help enhance the knowledge, skills, and abilities of participating personnel with respect to the programs, policies, and activities of the Department;

;

(C)

in paragraph (4), as so redesignated, by striking middle and senior level; and

(D)

in paragraph (7), as so redesignated, by inserting before invigorate the following: seek to improve morale and retention throughout the Department and;

(5)

in subsection (c), as redesignated by paragraph (2)—

(A)

by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and adjusting the margins accordingly; and

(B)

in paragraph (2), as so redesignated—

(i)

by striking clause (iii); and

(ii)

by redesignating clauses (i), (ii), and (iv) through (viii) as subparagraphs (A) through (G), respectively, and adjusting the margins accordingly;

(6)

by redesignating subsections (d) and (e), as redesignated by paragraph (2), as subsections (e) and (f), respectively;

(7)

by inserting after subsection (c) the following new subsection:

(d)

Administrative matters

In carrying out the Rotation Program the Secretary shall—

(1)

before selecting employees for participation in the Rotation Program, disseminate information broadly within the Department about the availability of the Rotation Program, qualifications for participation in the Rotation Program, including full-time employment within the employing component or office not less than one year, and the general provisions of the Rotation Program;

(2)

require as a condition of participation in the Rotation Program that an employee—

(A)

is nominated by the head of the component or office employing the employee; and

(B)

is selected by the Secretary, or the Secretary’s designee, solely on the basis of relative ability, knowledge, and skills, after fair and open competition that assures that all candidates receive equal opportunity;

(3)

ensure that each employee participating in the Rotation Program shall be entitled to return, within a reasonable period of time after the end of the period of participation, to the position held by the employee, or a corresponding or higher position, in the component or office that employed the employee prior to the participation of the employee in the Rotation Program;

(4)

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 Rotation Program; and

(5)

require that, during the period of participation by an employee in the Rotation Program, performance evaluations for the employee—

(A)

shall be conducted by officials in the office or component employing the employee with input from the supervisors of the employee at the component or office in which the employee is placed during that period; and

(B)

shall be provided the same weight with respect to promotions and other rewards as performance evaluations for service in the office or component employing the employee.

; and

(8)

by adding at the end the following new subsection:

(g)

Intelligence rotational assignment program

(1)

Establishment

The Secretary shall establish an Intelligence Rotational Assignment Program as part of the Rotation Program under subsection (a).

(2)

Administration

The Chief Human Capital Officer, in conjunction with the Chief Intelligence Officer, shall administer the Intelligence Rotational Assignment Program established pursuant to paragraph (1).

(3)

Eligibility

The Intelligence Rotational Assignment Program established pursuant to paragraph (1) shall be open to employees serving in existing analyst positions within the Department’s Intelligence Enterprise and other Department employees as determined appropriate by the Chief Human Capital Officer and the Chief Intelligence Officer.

(4)

Coordination

The responsibilities specified in subsection (c)(2) that apply to the Rotation Program under such subsection shall, as applicable, also apply to the Intelligence Rotational Assignment Program under this subsection.

.

(b)

Congressional notification and oversight

Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information about the status of the Homeland Security Rotation Program authorized by section 844 of the Homeland Security Act of 2002, as amended by subsection (a) of this section.

113.

Future Years Homeland Security Program

(a)

In general

Section 874 of the Homeland Security Act of 2002 (6 U.S.C. 454) is amended—

(1)

in the section heading, by striking year and inserting years;

(2)

by striking subsection (a) and inserting the following:

(a)

In general

Not later than 60 days after the date on which the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives (referred to in this section as the appropriate committees) a Future Years Homeland Security Program that covers the fiscal year for which the budget is submitted and the 4 succeeding fiscal years.

; and

(3)

by striking subsection (c) and inserting the following new subsections:

(c)

Projection of acquisition estimates

On and after February 1, 2018, each Future Years Homeland Security Program shall project—

(1)

acquisition estimates for the fiscal year for which the budget is submitted and the four succeeding fiscal years, with specified estimates for each fiscal year, for all major acquisitions by the Department and each component of the Department; and

(2)

estimated annual deployment schedules for all physical asset major acquisitions over the five-fiscal-year period described in paragraph (1) and the full operating capability for all information technology major acquisitions.

(d)

Sensitive and classified information

The Secretary may include with each Future Years Homeland Security Program a classified or other appropriately controlled document containing any information required to be submitted under this section that is restricted from public disclosure in accordance with Federal law or any Executive order.

(e)

Availability of information to the public

The Secretary shall make available to the public in electronic form the information required to be submitted to the appropriate committees under this section, other than information described in subsection (d).

.

(b)

Clerical amendment

The table of contents in section 1(b) of such Act is further amended by striking the item relating to section 874 and inserting the following new item:

874. Future Years Homeland Security Program.

.

114.

Field efficiencies plan

(1)

In general

Not later than 270 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and Committee on Homeland Security and Governmental Affairs of the Senate a field efficiencies plan that—

(A)

examines the facilities and administrative and logistics functions of components of the Department of Homeland Security located within designated geographic areas; and

(B)

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 area.

(2)

Contents

The field efficiencies plan submitted under paragraph (1) shall include the following:

(A)

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 year, that have begun or been renewed in the current fiscal year, or that the Department or its components plan to sign or renew in the next fiscal year.

(B)

For each designated geographic area—

(i)

an evaluation of specific facilities at which components, or operational entities of components, of the Department may be closed or consolidated, including consideration of when leases expire or facilities owned by the government become available;

(ii)

an evaluation of potential consolidation with facilities of other Federal, State, or local entities, including—

(I)

offices;

(II)

warehouses;

(III)

training centers;

(IV)

housing;

(V)

ports, shore facilities, and airfields;

(VI)

laboratories; and

(VII)

other assets as determined by the Secretary; and

(iii)

an evaluation of the potential for the consolidation of administrative and logistics functions, including—

(I)

facility maintenance;

(II)

fleet vehicle services;

(III)

mail handling and shipping and receiving;

(IV)

facility security;

(V)

procurement of goods and services;

(VI)

information technology and telecommunications services and support; and

(VII)

additional ways to improve unity of effort and cost savings for field operations and related support activities as determined by the Secretary.

(C)

An implementation plan, including—

(i)

near-term actions that can co-locate, consolidate, or dispose of property within 24 months;

(ii)

identifying long-term occupancy agreements or leases that cannot be changed without a significant cost to the Government; and

(iii)

how the Department can ensure it has the capacity, in both personnel and funds, needed to cover up-front costs to achieve consolidation and efficiencies.

(D)

An accounting of any consolidation of the real estate footprint of the Department or any component of the Department, including the co-location of personnel from different components, offices, and agencies within the Department.

115.

Submission to Congress of information regarding reprogramming or transfer of Department of Homeland Security resources to respond to operational surges

(a)

In general

Title VII of the Homeland Security Act of 2002 is further amended by adding at the end the following new section:

712.

Annual submittal to Congress of information on reprogramming or transfers of funds to respond to operational surges

For each fiscal year until fiscal year 2023, 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, together with the annual budget request for the Department, information on—

(1)

any circumstance during the year covered by the report in which the Secretary exercised the authority to reprogram or transfer funds to address unforeseen costs, including costs associated with operational surges; and

(2)

any circumstance in which any limitation on the transfer or reprogramming of funds affected the ability of the Secretary to address such unforeseen costs.

.

(b)

Clerical amendment

The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to title VII the following new item:

712. Annual submittal to Congress of information on reprogramming or transfers of funds to respond to operational surges.

.

116.

Report to Congress on cost savings and efficiency

(a)

In general

Not later than two years after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Under Secretary of Homeland Security for Management, shall submit to the congressional homeland security committees a report that includes each of the following:

(1)

A detailed accounting of the management and administrative expenditures and activities of each component of the Department of Homeland Security and identifies potential cost savings, avoidances, and efficiencies for those expenditures and activities.

(2)

An examination of major physical assets of the Department, as defined by the Secretary;

(3)

A review of the size, experience level, and geographic distribution of the operational personnel of the Department.

(4)

Recommendations for adjustments in the management and administration of the Department that would reduce deficiencies in the capabilities of the Department, reduce costs, and enhance efficiencies.

(b)

Form of report

The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex.

117.

Research and development and CBRNE organizational review

(a)

Department of Homeland Security research and development activities

(1)

In general

The Secretary of Homeland Security shall assess the organization and management of the Department of Homeland Security’s research and development activities, and shall develop and submit to the Committee on Homeland Security and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, not later than six months after the date of the enactment of this Act, a proposed organizational structure for the management of such research and development activities.

(2)

Organizational justification

The proposed organizational structure for the management of the Department of Homeland Security’s research and development activities included in the assessment required under paragraph (1) shall include the following:

(A)

A discussion of the methodology for determining such proposed organizational structure.

(B)

A comprehensive inventory of research and development activities of the Department, and the proposed location of each activity under such proposed organizational structure.

(C)

Information relating to how such proposed organizational structure will facilitate and promote enhanced coordination and better collaboration between the Under Secretary for Science and Technology of the Department and the offices and components of the Department.

(D)

Information relating to how such proposed organizational structure will support the development of research and development priorities and capabilities across the Department.

(E)

A discussion of the resulting cost savings and efficiencies from such proposed organizational structure.

(F)

Recommendations for any necessary statutory changes.

(b)

Department of Homeland Security chemical, biological, radiological, nuclear, and explosives activities

(1)

In general

The Secretary of Homeland Security shall assess the organization and management of the Department of Homeland Security’s chemical, biological, radiological, nuclear, and explosives activities, and shall develop and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, not later than six months after the date of the enactment of this Act, a proposed organizational structure to ensure enhanced coordination and provide strengthened chemical, biological, radiological, nuclear, and explosives capabilities in support of homeland security.

(2)

Organizational justification

The proposed organizational structure for the management of the Department of Homeland Security’s chemical, biological, radiological, nuclear, and explosives activities included in the assessment required under paragraph (1) shall include the following:

(A)

A discussion of the methodology for determining such proposed organizational structure.

(B)

A comprehensive inventory of chemical, biological, radiological, nuclear, and explosives activities of the Department, and the proposed location of each activity under such proposed organizational structure.

(C)

Information relating to how such proposed organizational structure will enhance the development of chemical, biological, radiological, nuclear, and explosives priorities and capabilities across the Department.

(D)

A discussion of the resulting cost savings and efficiencies from such proposed organizational structure.

(E)

Recommendations for any necessary statutory changes.

II

Department of Homeland Security Acquisition Accountability and Efficiency

201.

Definitions

(a)

In general

Subtitle D of title VIII of the Homeland Security Act of 2002 is amended by inserting before section 831 the following new section:

830.

Definitions

In this subtitle:

(1)

The term acquisition has the meaning given such term in section 131 of title 41, United States Code.

(2)

The term acquisition decision authority means the authority, held by the Secretary acting through the Deputy Secretary or Under Secretary for Management to—

(A)

ensure compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives;

(B)

review (including approving, pausing, modifying, or canceling) an acquisition program through the life cycle of such program;

(C)

ensure that acquisition program managers have the resources necessary to successfully execute an approved acquisition program;

(D)

ensure good acquisition program management of cost, schedule, risk, and system performance of the acquisition program at issue, including assessing acquisition program baseline breaches and directing any corrective action for such breaches; and

(E)

ensure that acquisition program managers, on an ongoing basis, monitor cost, schedule, and performance against established baselines and use tools to assess risks to an acquisition program at all phases of the life cycle of such program to avoid and mitigate acquisition program baseline breaches.

(3)

The term acquisition decision event means, with respect to an acquisition program, a predetermined point within each of the acquisition phases at which the acquisition decision authority determines whether such acquisition program shall proceed to the next acquisition phase.

(4)

The term acquisition decision memorandum means, with respect to an acquisition, the official acquisition decision event record that includes a documented record of decisions, exit criteria, and assigned actions for such acquisition, as determined by the person exercising acquisition decision authority for such acquisition.

(5)

The term acquisition program means the process by which the Department acquires, with any appropriated amounts, by contract for purchase or lease, property or services (including construction) that support the missions and goals of the Department.

(6)

The term acquisition program baseline, with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be met in order to accomplish the goals of such program.

(7)

The term best practices, with respect to acquisition, means a knowledge-based approach to capability development that includes—

(A)

identifying and validating needs;

(B)

assessing alternatives to select the most appropriate solution;

(C)

clearly establishing well-defined requirements;

(D)

developing realistic cost assessments and schedules;

(E)

securing stable funding that matches resources to requirements;

(F)

demonstrating technology, design, and manufacturing maturity;

(G)

using milestones and exit criteria or specific accomplishments that demonstrate progress;

(H)

adopting and executing standardized processes with known success across programs;

(I)

establishing an adequate workforce that is qualified and sufficient to perform necessary functions; and

(J)

integrating the capabilities described in subparagraphs (A) through (I) into the Department’s mission and business operations.

(8)

The term breach, with respect to a major acquisition program, means a failure to meet any cost, schedule, or performance threshold specified in the most recently approved acquisition program baseline.

(9)

The term congressional homeland security committees means—

(A)

the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(B)

the Committee on Appropriations of the House of Representatives and of the Senate.

(10)

The term Component Acquisition Executive means the senior acquisition official within a component who is designated in writing by the Under Secretary for Management, in consultation with the component head, with authority and responsibility for leading a process and staff to provide acquisition and program management oversight, policy, and guidance to ensure that statutory, regulatory, and higher level policy requirements are fulfilled, including compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives established by the Under Secretary for Management.

(11)

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 $300,000,000 (based on fiscal year 2017 constant dollars) over its life cycle cost.

.

(b)

Clerical amendment

The table of contents in section 1(b) of such Act is further amended by inserting before the item relating to section 831 the following new item:

830. Definitions.

.

A

Acquisition Authorities

211.

Acquisition authorities for Under Secretary for Management of the Department of Homeland Security

Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended—

(1)

in subsection (a)(2), by inserting and acquisition management after procurement;

(2)

by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

(3)

by inserting after subsection (c) the following new subsection:

(d)

Acquisition and related responsibilities

(1)

In general

Notwithstanding subsection (a) of section 1702 of title 41, United States Code, the Under Secretary for Management is the Chief Acquisition Officer of the Department. As Chief Acquisition Officer, the Under Secretary shall have the authorities and perform the functions specified in subsection (b) of such section and shall perform all other functions and responsibilities delegated by the Secretary or described in this subsection.

(2)

Functions and responsibilities

In addition to the authorities and functions specified in section 1702(b) of title 41, United States Code, the functions and responsibilities of the Under Secretary for Management related to acquisition include the following:

(A)

Advising the Secretary regarding acquisition management activities, taking into account risks of failure to achieve cost, schedule, or performance parameters, to ensure that the Department achieves its mission through the adoption of widely accepted program management best practices and standards and, where appropriate, acquisition innovation best practices.

(B)

Leading the acquisition oversight body of the Department, the Acquisition Review Board, and exercising the acquisition decision authority to approve, pause, modify (including the rescission of approvals of program milestones), or cancel major acquisition programs, unless the Under Secretary delegates such authority to a Component Acquisition Executive pursuant to paragraph (3).

(C)

Establishing policies for acquisition that implement an approach that takes into account risks of failure to achieve cost, schedule, or performance parameters that all components of the Department shall comply with, including outlining relevant authorities for program managers to effectively manage acquisition programs.

(D)

Ensuring that each major acquisition program has a Department-approved acquisition program baseline, pursuant to the Department’s acquisition management policy.

(E)

Ensuring that the heads of components and Component Acquisition Executives comply with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives.

(F)

Ensuring that grants and financial assistance are provided only to individuals and organizations that are not suspended or debarred.

(G)

Distributing guidance throughout the Department to ensure that contractors involved in acquisitions, particularly contractors that access the Department’s information systems and technologies, adhere to relevant Department policies related to physical and information security as identified by the Under Secretary for Management.

(H)

Overseeing the Component Acquisition Executive organizational structure to ensure Component Acquisition Executives have sufficient capabilities and comply with Department acquisition policies.

(3)

Delegation of acquisition decision authority

(A)

Level 3 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 $300,000,000.

(B)

Level 2 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 $300,000,000 but not more than $1,000,000,000 if all of the following requirements are met:

(i)

The component concerned possesses working policies, processes, and procedures that are consistent with Department-level acquisition policy.

(ii)

The Component Acquisition Executive concerned has adequate, experienced, and dedicated professional employees with program management training, as applicable, commensurate with the size of the acquisition programs and related activities delegated to such Component Acquisition Executive by the Under Secretary for Management.

(iii)

Each major acquisition program concerned has written documentation showing that it has a Department-approved acquisition program baseline and it is meeting agreed-upon cost, schedule, and performance thresholds.

(4)

Relationship to Under Secretary for Science and Technology

(A)

In general

Nothing in this subsection shall diminish the authority granted to the Under Secretary for Science and Technology under this Act. 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 are able to support current and future requirements of the components of the Department.

(B)

Operational testing and evaluation

The Under Secretary for Science and Technology shall—

(i)

ensure, in coordination with relevant component heads, that major acquisition programs—

(I)

complete operational testing and evaluation of technologies and systems;

(II)

use independent verification and validation of operational test and evaluation implementation and results; and

(III)

document whether such programs meet all performance requirements included in their acquisition program baselines;

(ii)

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 setting; and

(iii)

determine if testing conducted by other Federal agencies and private entities is relevant and sufficient in determining whether systems perform as intended in the operational setting.

(5)

Definitions

In this subsection, the terms acquisition, best practices, acquisition decision authority, major acquisition program, acquisition program baseline, and Component Acquisition Executive have the meanings given such terms in section 830.

.

212.

Acquisition authorities for Chief Financial Officer of the Department of Homeland Security

Paragraph (2) of section 702(b) of the Homeland Security Act of 2002 (6 U.S.C. 342(b)) is amended by adding at the end the following new subparagraph:

(J)

Oversee the costs of acquisition programs and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable, or can be adequately funded, over the life cycle of such programs and activities.

.

213.

Acquisition authorities for Chief Information Officer of the Department of Homeland Security

Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is amended—

(1)

by redesignating subsection (b) as subsection (c); and

(2)

by inserting after subsection (a) the following new subsection:

(b)

Acquisition responsibilities

Notwithstanding section 11315 of title 40, United States Code, the acquisition responsibilities of the Chief Information Officer, in consultation with the Under Secretary for Management, shall include the following:

(1)

Oversee the management of the Homeland Security Enterprise Architecture and ensure that, before each acquisition decision event (as such term is defined in section 830), approved information technology acquisitions comply with departmental information technology management processes, technical requirements, and the Homeland Security Enterprise Architecture, and in any case in which information technology acquisitions do not comply with the Department’s management directives, make recommendations to the Acquisition Review Board regarding such noncompliance.

(2)

Be responsible for providing recommendations to the Acquisition Review Board regarding information technology programs, and be responsible for developing information technology acquisition strategic guidance.

.

214.

Acquisition authorities for Program Accountability and Risk Management

(a)

In general

Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is further amended by adding at the end the following:

713.

Acquisition authorities for Program Accountability and Risk Management

(a)

Establishment of Office

There is in the Management Directorate of the Department an office to be known as Program Accountability and Risk Management. The purpose of the office is to—

(1)

provide consistent accountability, standardization, and transparency of major acquisition programs of the Department; and

(2)

serve as the central oversight function for all Department acquisition programs.

(b)

Responsibilities of Executive Director

The Program Accountability and Risk Management shall be led by an Executive Director to oversee the requirement under subsection (a). The Executive Director shall report directly to the Under Secretary for Management, and shall carry out the following responsibilities:

(1)

Monitor regularly the performance of Department acquisition programs between acquisition decision events to identify problems with cost, performance, or schedule that components may need to address to prevent cost overruns, performance issues, or schedule delays.

(2)

Assist the Under Secretary for Management in managing the acquisition programs and related activities of the Department.

(3)

Conduct oversight of individual acquisition programs to implement Department acquisition program policy, procedures, and guidance with a priority on ensuring the data the office collects and maintains from Department components is accurate and reliable.

(4)

Serve as the focal point and coordinator for the acquisition life cycle review process and as the executive secretariat for the Acquisition Review Board.

(5)

Advise the persons having acquisition decision authority in making acquisition decisions consistent with all applicable laws and in establishing clear lines of authority, accountability, and responsibility for acquisition decision making within the Department.

(6)

Engage in the strategic planning and performance evaluation process required under section 306 of title 5, United States Code, and sections 1105(a)(28), 1115, 1116, and 9703 of title 31, United States Code, by supporting the Chief Procurement Officer in developing strategies and specific plans for hiring, training, and professional development in order to rectify any deficiency within the Department’s acquisition workforce.

(7)

Develop standardized certification standards in consultation with the Component Acquisition Executives for all acquisition program managers.

(8)

In the event that a certification or action of an acquisition program manager needs review for purposes of promotion or removal, provide input, in consultation with the relevant Component Acquisition Executive, into the performance evaluation of the relevant acquisition program manager and report positive or negative experiences to the relevant certifying authority.

(9)

Provide technical support and assistance to Department acquisitions and acquisition personnel in conjunction with the Chief Procurement Officer.

(10)

Prepare the Comprehensive Acquisition Status Report for the Department, as required by title I of division D of the Consolidated Appropriations Act, 2016 (Public Law 114–113), and make such report available to the congressional homeland security committees.

(c)

Responsibilities of components

Each head of a component shall comply with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives established by the Under Secretary for Management. For each major acquisition program, each head of a component shall—

(1)

define baseline requirements and document changes to such requirements, as appropriate;

(2)

establish a complete life cycle cost estimate with supporting documentation, including an acquisition program baseline;

(3)

verify each life cycle cost estimate against independent cost estimates, and reconcile any differences;

(4)

complete a cost-benefit analysis with supporting documentation;

(5)

develop and maintain a schedule that is consistent with scheduling best practices as identified by the Comptroller General of the United States, including, in appropriate cases, an integrated master schedule; and

(6)

ensure that all acquisition program information provided by the component is complete, accurate, timely, and valid.

(d)

Congressional homeland security committees defined

In this section, the term congressional homeland security committees means—

(1)

the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(2)

the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate.

714.

Acquisition documentation

(a)

In general

For each major acquisition program, the Executive Director responsible for the preparation of the Comprehensive Acquisition Status Report, pursuant to paragraph (11) of section 710(b), shall require certain acquisition documentation to be submitted by Department components or offices.

(b)

Waiver

The Secretary may waive the requirement for submission under subsection (a) for a program for a fiscal year if either—

(1)

the program has not—

(A)

entered the full rate production phase in the acquisition life cycle;

(B)

had a reasonable cost estimate established; and

(C)

had a system configuration defined fully; or

(2)

the program does not meet the definition of capital asset, as defined by the Director of the Office of Management and Budget.

(c)

Congressional oversight

At the same time the President’s budget is submitted for a fiscal year under section 1105(a) of title 31, United States Code, the 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 (b) in the prior fiscal year that includes the following specific information regarding each program for which a waiver is issued under subsection (b):

(1)

The grounds for granting a waiver for that program.

(2)

The projected cost of that program.

(3)

The proportion of a component’s annual acquisition budget attributed to that program, as available.

(4)

Information on the significance of the program with respect to the component’s operations and execution of its mission.

.

(b)

Clerical amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 709 the following new items:

Sec. 713. Acquisition authorities for Program Accountability and Risk Management.

Sec. 714. Acquisition documentation.

.

B

Acquisition Program Management Discipline

221.

Acquisition Review Board

(a)

In general

Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following new section:

836.

Acquisition Review Board

(a)

In general

The Secretary shall establish an Acquisition Review Board (in this section referred to as the Board) to—

(1)

strengthen accountability and uniformity within the Department acquisition review process;

(2)

review major acquisition programs; and

(3)

review the use of best practices.

(b)

Composition

The Under Secretary for Management shall serve as chair of the Board. The Secretary shall also ensure participation by other relevant Department officials, including at least two component heads or their designees, as permanent members of the Board.

(c)

Meetings

The Board shall meet regularly for purposes of ensuring all acquisitions processes proceed in a timely fashion to achieve mission readiness. The Board shall convene at the discretion of the Secretary and at any time—

(1)

a major acquisition program—

(A)

requires authorization to proceed from one acquisition decision event to another throughout the acquisition life cycle;

(B)

is in breach of its approved requirements; or

(C)

requires additional review, as determined by the Under Secretary for Management; or

(2)

a non-major acquisition program requires review, as determined by the Under Secretary for Management.

(d)

Responsibilities

The responsibilities of the Board are as follows:

(1)

Determine whether a proposed acquisition has met the requirements of key phases of the acquisition life cycle framework and is able to proceed to the next phase and eventual full production and deployment.

(2)

Oversee whether a proposed acquisition’s business strategy, resources, management, and accountability is executable and is aligned to strategic initiatives.

(3)

Support the person with acquisition decision authority for an acquisition in determining the appropriate direction for such acquisition at key acquisition decision events.

(4)

Conduct systematic reviews of acquisitions to ensure that such acquisitions are progressing in compliance with the approved documents for their current acquisition phases.

(5)

Review the acquisition documents of each major acquisition program, including the acquisition program baseline and documentation reflecting consideration of tradeoffs among cost, schedule, and performance objectives, to ensure the reliability of underlying data.

(6)

Ensure that practices are adopted and implemented to require consideration of trade-offs among cost, schedule, and performance objectives as part of the process for developing requirements for major acquisition programs prior to the initiation of the second acquisition decision event, including, at a minimum, the following practices:

(A)

Department officials responsible for acquisition, budget, and cost estimating functions are provided with the appropriate opportunity to develop estimates and raise cost and schedule matters before performance objectives are established for capabilities when feasible.

(B)

Full consideration is given to possible trade-offs among cost, schedule, and performance objectives for each alternative.

(e)

Acquisition program baseline report requirement

If the person exercising acquisition decision authority over a major acquisition program approves such program to proceed into the planning phase before such program has a Department-approved acquisition program baseline, the Under Secretary for Management shall create and approve an acquisition program baseline report regarding such approval, and the Secretary shall—

(1)

within seven days after an acquisition decision memorandum is signed, notify in writing the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate of such decision; and

(2)

within 60 days after the acquisition decision memorandum is signed, submit to such committees a report stating the rationale for such decision and a plan of action to require an acquisition program baseline for such program.

(f)

Report

The Under Secretary for Management shall provide information to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on an annual basis through fiscal year 2022 on the activities of the Board for the prior fiscal year that includes information relating to the following:

(1)

For each meeting of the Board, any acquisition decision memoranda.

(2)

Results of the systematic reviews conducted pursuant to paragraph (4) of subsection (d).

(3)

Results of acquisition document reviews required pursuant to paragraph (5) of subsection (d).

(4)

Activities to ensure that practices are adopted and implemented throughout the Department pursuant to paragraph (6) of subsection (d).

.

(b)

Clerical amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further amended by adding after the item relating to section 835 the following new item:

Sec. 836. Acquisition Review Board.

.

222.

Requirements to reduce duplication in acquisition programs

(a)

In general

Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the end the following new section:

837.

Requirements to reduce duplication in acquisition programs

(a)

Requirement To establish policies

In an effort to reduce unnecessary duplication and inefficiency for all Department investments, including major acquisition programs, the Deputy Secretary, in consultation with the Under Secretary for Management, shall establish Department-wide policies to integrate all phases of the investment life cycle and help the Department identify, validate, and prioritize common component requirements for major acquisition programs in order to increase opportunities for effectiveness and efficiencies. 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 capability; identification of priority gaps and overlaps in Department capability needs; and provision of feasible technical alternatives, including innovative commercially available alternatives, to meet capability needs.

(b)

Mechanisms To carry out requirement

The Under Secretary for Management shall coordinate the actions necessary to carry out subsection (a), using such mechanisms as considered necessary by the Secretary to help the Department reduce unnecessary duplication and inefficiency for all Department investments, including major acquisition programs.

(c)

Coordination

In coordinating the actions necessary to carry out subsection (a), the Deputy Secretary shall consult with the Under Secretary for Management, Component Acquisition Executives, and any other Department officials, including the Under Secretary for Science and Technology or his designee, with specific knowledge of Department or component acquisition capabilities to prevent unnecessary duplication of requirements.

(d)

Advisors

The Deputy Secretary, in consultation with the Under Secretary for Management, shall seek and consider input within legal and ethical boundaries from members of Federal, State, local, and tribal governments, nonprofit organizations, and the private sector, as appropriate, on matters within their authority and expertise in carrying out the Department’s mission.

(e)

Meetings

The Deputy Secretary, in consultation with the Under Secretary for Management, shall meet at least quarterly and communicate with components often to ensure that components do not overlap or duplicate spending or activities on major investments and acquisition programs within their areas of responsibility.

(f)

Responsibilities

In carrying out this section, the responsibilities of the Deputy Secretary, in consultation with the Under Secretary for Management, are as follows:

(1)

To review and validate the requirements documents of major investments and acquisition programs prior to acquisition decision events of the investments or programs.

(2)

To ensure the requirements and scope of a major investment or acquisition program are stable, measurable, achievable, at an acceptable risk level, and match the resources planned to be available.

(3)

Before any entity of the Department issues a solicitation for a new contract, coordinate with other Department entities as appropriate to prevent unnecessary duplication and inefficiency and—

(A)

to implement portfolio reviews to identify common mission requirements and crosscutting opportunities among components to harmonize investments and requirements and prevent unnecessary overlap and duplication among components; and

(B)

to the extent practicable, to standardize equipment purchases, streamline the acquisition process, improve efficiencies, and conduct best practices for strategic sourcing.

(4)

To ensure program managers of major investments and acquisition programs conduct analyses, giving particular attention to factors such as cost, schedule, risk, performance, and operational efficiency in order to determine that programs work as intended within cost and budget expectations.

(5)

To propose schedules for delivery of the operational capability needed to meet each Department investment and major acquisition program.

.

(b)

Clerical amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further amended by adding after the item relating to section 836 the following new item:

Sec. 837. Requirements to reduce duplication in acquisition programs.

.

223.

Government Accountability Office review of Board and of requirements to reduce duplication in acquisition programs

(a)

Review required

The Comptroller General of the United States shall conduct a review of the effectiveness of the Acquisition Review Board established under section 836 of the Homeland Security Act of 2002 (as added by section 221) and the requirements to reduce unnecessary duplication in acquisition programs established under section 837 of such Act (as added by section 222) in improving the Department’s acquisition management process.

(b)

Scope of report

The review shall include the following:

(1)

An assessment of the effectiveness of the Board in increasing program management oversight, best practices and standards, and discipline among the components of the Department, including in working together and in preventing overlap and unnecessary duplication.

(2)

An assessment of the effectiveness of the Board in instilling program management discipline.

(3)

A statement of how regularly each major acquisition program is reviewed by the Board, how often the Board stops major acquisition programs from moving forward in the phases of the acquisition life cycle process, and the number of major acquisition programs that have been halted because of problems with operational effectiveness, schedule delays, or cost overruns.

(4)

An assessment of the effectiveness of the Board in impacting acquisition decisionmaking within the Department, including the degree to which the Board impacts decision making within other headquarters mechanisms and bodies involved in the administration of acquisition activities.

(c)

Report required

Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the congressional homeland security committees a report on the review required by this section. The report shall be submitted in unclassified form but may include a classified annex.

224.

Excluded party list system waivers

Not later than five days after the issuance of a waiver by the Secretary of Homeland Security of Federal requirements that an agency not engage in business with a contractor in the Excluded Party List System (or successor system) as maintained by the General Services Administration, the Secretary shall submit to Congress notice of such waiver and an explanation for a finding by the Secretary that a compelling reason exists for issuing such waiver.

225.

Inspector General oversight of suspension and debarment

The Inspector General of the Department of Homeland Security—

(1)

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 recurrence; and

(2)

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 criteria, particularly with respect to business size and categories.

C

Acquisition Program Management Accountability and Transparency

231.

Congressional notification for major acquisition programs

(a)

In general

Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the end the following new section:

838.

Congressional notification and other requirements for major acquisition program breach

(a)

Requirements within Department in event of breach

(1)

Notifications

(A)

Notification of breach

If a breach occurs in a major acquisition program, the program manager for such program shall notify the Component Acquisition Executive for such program, the head of the component concerned, the Executive Director of the Program Accountability and Risk Management division, the Under Secretary for Management, and the Deputy Secretary not later than 30 calendar days after such breach is identified.

(B)

Notification to Secretary

If a breach occurs in a major acquisition program and such breach results in a cost overrun greater than 15 percent, a schedule delay greater than 180 days, or a failure to meet any of the performance thresholds from the cost, schedule, or performance parameters specified in the most recently approved acquisition program baseline for such program, the Component Acquisition Executive for such program shall notify the Secretary and the Inspector General of the Department not later than five business days after the Component Acquisition Executive for such program, the head of the component concerned, the Executive Director of the Program Accountability and Risk Management Division, the Under Secretary for Management, and the Deputy Secretary are notified of the breach pursuant to subparagraph (A).

(2)

Remediation plan and root cause analysis

(A)

In general

If a breach occurs in a major acquisition program, the program manager for such program shall submit to the head of the component concerned, the Executive Director of the Program Accountability and Risk Management division, and the Under Secretary for Management in writing a remediation plan and root cause analysis relating to such breach and program. Such plan and analysis shall be submitted at a date established at the discretion of the Under Secretary for Management.

(B)

Remediation plan

The remediation plan required under this subparagraph (A) shall—

(i)

explain the circumstances of the breach at issue;

(ii)

provide prior cost estimating information;

(iii)

include a root cause analysis that determines the underlying cause or causes of shortcomings in cost, schedule, or performance of the major acquisition program with respect to which such breach has occurred, including the role, if any, of—

(I)

unrealistic performance expectations;

(II)

unrealistic baseline estimates for cost or schedule or changes in program requirements;

(III)

immature technologies or excessive manufacturing or integration risk;

(IV)

unanticipated design, engineering, manufacturing, or technology integration issues arising during program performance;

(V)

changes to the scope of such program;

(VI)

inadequate program funding or changes in planned out-year funding from one 5-year funding plan to the next 5-year funding plan as outlined in the Future Years Homeland Security Program required under section 874;

(VII)

legislative, legal, or regulatory changes; or

(VIII)

inadequate program management personnel, including lack of sufficient number of staff, training, credentials, certifications, or use of best practices;

(iv)

propose corrective action to address cost growth, schedule delays, or performance issues;

(v)

explain the rationale for why a proposed corrective action is recommended; and

(vi)

in coordination with the Component Acquisition Executive for such program, discuss all options considered, including the estimated impact on cost, schedule, or performance of such program if no changes are made to current requirements, the estimated cost of such program if requirements are modified, and the extent to which funding from other programs will need to be reduced to cover the cost growth of such program.

(3)

Review of corrective actions

(A)

In general

The Under Secretary for Management shall review the remediation plan required under paragraph (2). The Under Secretary may approve such plan or provide an alternative proposed corrective action within 30 days of the submission of such plan under such paragraph.

(B)

Submission to Congress

Not later than 30 days after the review required under subparagraph (A) is completed, the Under Secretary for Management shall submit to the congressional homeland security committees the following:

(i)

A copy of the remediation plan and the root cause analysis required under paragraph (2).

(ii)

A statement describing the corrective action or actions that have occurred pursuant to paragraph (2)(b)(iv) for the major acquisition program at issue, with a justification for such action or actions.

(b)

Requirements relating to congressional notification if breach occurs

(1)

Notification to Congress

If a notification to the Secretary is made under subsection (a)(1)(B) relating to a breach in a major acquisition program, the Under Secretary for Management shall notify the congressional homeland security committees of such breach in the next quarterly Comprehensive Acquisition Status Report, as required by title I of division D of the Consolidated Appropriations Act, 2016 (Public Law 114–113), following receipt by the Under Secretary of notification under such subsection.

(2)

Significant variances in costs or schedule

If a likely cost overrun is greater than 20 percent or a likely delay is greater than 12 months from the costs and schedule specified in the acquisition program baseline for a major acquisition program, the Under Secretary for Management shall include in the notification required in paragraph (1) a written certification, with supporting explanation, that—

(A)

such program is essential to the accomplishment of the Department’s mission;

(B)

there are no alternatives to the capability or asset provided by such program that will provide equal or greater capability in both a more cost-effective and timely manner;

(C)

the new acquisition schedule and estimates for total acquisition cost are reasonable; and

(D)

the management structure for such program is adequate to manage and control cost, schedule, and performance.

(c)

Congressional homeland security committees defined

In this section, the term congressional homeland security committees means—

(1)

the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(2)

the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate.

.

(b)

Clerical amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 835 the following new item:

Sec. 838. Congressional notification and other requirements for major acquisition program breach.

.

232.

Multiyear Acquisition Strategy

(a)

In general

Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the end the following new section:

839.

Multiyear acquisition strategy

(a)

Multiyear acquisition strategy required

(1)

In general

Not later than one year after the date of the enactment of this section, the Secretary shall submit to the appropriate congressional committees and the Comptroller General of the United States a multiyear acquisition strategy to guide the overall direction of the acquisitions of the Department while allowing flexibility to deal with ever-changing threats and risks, and to help industry better understand, plan, and align resources to meet the future acquisition needs of the Department. Such strategy shall be updated and included in each Future Years Homeland Security Program required under section 874.

(2)

Form

The strategy required under paragraph (1) shall be submitted in unclassified form but may include a classified annex for any sensitive or classified information if necessary. The Secretary shall publish such strategy in an unclassified format that is publicly available.

(b)

Consultation

In developing the strategy required under subsection (a), the Secretary shall, as the Secretary determines appropriate, consult with headquarters, components, employees in the field, and individuals from industry and the academic community.

(c)

Contents of strategy

The strategy shall include the following:

(1)

Prioritized list

A systematic and integrated prioritized list developed by the Under Secretary for Management in coordination with all of the Component Acquisition Executives of Department major acquisition programs that Department and component acquisition investments seek to address, including the expected security and economic benefit of the program or system that is the subject of acquisition and an analysis of how the security and economic benefit derived from such program or system will be measured.

(2)

Inventory

A plan to develop a reliable Department-wide inventory of investments and real property assets to help the Department—

(A)

plan, budget, schedule, and acquire upgrades of its systems and equipment; and

(B)

plan for the acquisition and management of future systems and equipment.

(3)

Funding gaps

A plan to address funding gaps between funding requirements for major acquisition programs and known available resources, including, to the maximum extent practicable, ways of leveraging best practices to identify and eliminate overpayment for items to—

(A)

prevent wasteful purchasing;

(B)

achieve the greatest level of efficiency and cost savings by rationalizing purchases;

(C)

align pricing for similar items; and

(D)

utilize purchase timing and economies of scale.

(4)

Identification of capabilities

An identification of test, evaluation, modeling, and simulation capabilities that will be required to—

(A)

support the acquisition of technologies to meet the needs of such strategy;

(B)

leverage to the greatest extent possible emerging technological trends and research and development trends within the public and private sectors; and

(C)

identify ways to ensure that appropriate technology is acquired and integrated into the Department’s operating doctrine to improve mission performance.

(5)

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 resiliency, agility, and responsiveness to assure homeland security and facilitate trade.

(6)

Focus on incentives to save taxpayer dollars

An assessment of ways the Department can develop incentives for program managers and senior Department acquisition officials to—

(A)

prevent cost overruns;

(B)

avoid schedule delays; and

(C)

achieve cost savings in major acquisition programs.

(7)

Focus on addressing delays and bid protests

An assessment of ways the Department can improve the acquisition process to minimize cost overruns in—

(A)

requirements development;

(B)

procurement announcements;

(C)

requests for proposals;

(D)

evaluation of proposals;

(E)

protests of decisions and awards; and

(F)

the use of best practices.

(8)

Focus on improving outreach

An identification and assessment of ways to increase opportunities for communication and collaboration with industry, small and disadvantaged businesses, intra-government entities, university centers of excellence, accredited certification and standards development organizations, and national laboratories to ensure that the Department understands the market for technologies, products, and innovation that is available to meet its mission needs and to inform the Department’s requirements-setting process before engaging in an acquisition, including—

(A)

methods designed especially to engage small and disadvantaged businesses, a cost-benefit analysis of the tradeoffs that small and disadvantaged businesses provide, information relating to barriers to entry for small and disadvantaged businesses, and information relating to unique requirements for small and disadvantaged businesses; and

(B)

within the Department Vendor Communication Plan and Market Research Guide, instructions for interaction by acquisition program managers with such entities to—

(i)

prevent misinterpretation of acquisition regulations; and

(ii)

permit, within legal and ethical boundaries, interacting with such entities with transparency.

(9)

Competition

A plan regarding competition under subsection (d).

(10)

Acquisition workforce

A plan regarding the Department acquisition workforce under subsection (e).

(d)

Competition plan

The strategy required under subsection (a) shall also include a plan to address actions to ensure competition, or the option of competition, for major acquisition programs. Such plan may include assessments of the following measures in appropriate cases if such measures are cost effective:

(1)

Competitive prototyping.

(2)

Dual-sourcing.

(3)

Unbundling of contracts.

(4)

Funding of next-generation prototype systems or subsystems.

(5)

Use of modular, open architectures to enable competition for upgrades.

(6)

Acquisition of complete technical data packages.

(7)

Periodic competitions for subsystem upgrades.

(8)

Licensing of additional suppliers, including small businesses.

(9)

Periodic system or program reviews to address long-term competitive effects of program decisions.

(e)

Acquisition workforce plan

(1)

Acquisition workforce

The strategy required under subsection (a) shall also include a plan to address Department acquisition workforce accountability and talent management that identifies the acquisition workforce needs of each component performing acquisition functions and develops options for filling such needs with qualified individuals, including a cost-benefit analysis of contracting for acquisition assistance.

(2)

Additional matters covered

The acquisition workforce plan under this subsection shall address ways to—

(A)

improve the recruitment, hiring, training, and retention of Department acquisition workforce personnel, including contracting officer’s representatives, in order to retain highly qualified individuals who have experience in the acquisition life cycle, complex procurements, and management of large programs;

(B)

empower program managers to have the authority to manage their programs in an accountable and transparent manner as such managers work with the acquisition workforce;

(C)

prevent duplication within Department acquisition workforce training and certification requirements through leveraging already-existing training within the Federal Government, academic community, or private industry;

(D)

achieve integration and consistency with Government-wide training and accreditation standards, acquisition training tools, and training facilities;

(E)

designate the acquisition positions that will be necessary to support the Department acquisition requirements, including in the fields of—

(i)

program management;

(ii)

systems engineering;

(iii)

procurement, including contracting;

(iv)

test and evaluation;

(v)

life cycle logistics;

(vi)

cost estimating and program financial management; and

(vii)

additional disciplines appropriate to Department mission needs;

(F)

strengthen the performance of contracting officers’ representatives (as defined in subpart 1.602–2 and subpart 2.101 of the Federal Acquisition Regulation), including by—

(i)

assessing the extent to which such representatives are certified and receive training that is appropriate;

(ii)

assessing what training is most effective with respect to the type and complexity of assignment; and

(iii)

implementing actions to improve training based on such assessments; and

(G)

identify ways to increase training for relevant investigators and auditors of the Department to examine fraud in major acquisition programs, including identifying opportunities to leverage existing Government and private sector resources in coordination with the Inspector General of the Department.

.

(b)

Clerical amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 835 the following new item:

Sec. 839. Multiyear acquisition strategy.

.

(c)

Government Accountability Office review of multiyear acquisition strategy

(1)

Review

After submission of the first multiyear acquisition strategy in accordance with section 839 of the Homeland Security Act of 2002, as added by subsection (a), after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of such plan within 180 days to analyze the viability of such plan’s effectiveness in the following:

(A)

Complying with the requirements of such section 839.

(B)

Establishing clear connections between Department of Homeland Security objectives and acquisition priorities.

(C)

Demonstrating that Department acquisition policy reflects program management best practices and standards.

(D)

Ensuring competition or the option of competition for major acquisition programs.

(E)

Considering potential cost savings through using already-existing technologies when developing acquisition program requirements.

(F)

Preventing duplication within Department acquisition workforce training requirements through leveraging already-existing training within the Federal Government, academic community, or private industry.

(G)

Providing incentives for acquisition program managers to reduce acquisition and procurement costs through the use of best practices and disciplined program management.

(2)

Definitions

The terms acquisition, best practices, and major acquisition programs have the meaning given such terms in section 830 of the Homeland Security Act of 2002, as added by section 201.

(3)

Report

Not later than 180 days after the completion of the review required by subsection (a), the Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate a report on the review. Such report shall be submitted in unclassified form but may include a classified annex.

233.

Acquisition reports

(a)

In general

Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the end the following new section:

840.

Acquisition reports

(a)

Comprehensive acquisition status report

(1)

In general

At the same time as the President’s budget is submitted for a fiscal year under section 1105(a) of title 31, United States Code, the Under Secretary for Management shall submit to the congressional homeland security committees an annual comprehensive acquisition status report. The report shall include the following:

(A)

The information required under the heading Office of the Under Secretary for Management under title I of division D of the Consolidated Appropriations Act, 2012 (Public Law 112–74) (as required under the Department of Homeland Security Appropriations Act, 2013 (Public Law 113–6)).

(B)

A listing of programs that have been canceled, modified, paused, or referred to the Under Secretary for Management or Deputy Secretary for additional oversight or action by the Board, Department Office of Inspector General, or the Comptroller General.

(C)

A listing of established Executive Steering Committees, which provide governance of a program or related set of programs and lower-tiered oversight, and support between acquisition decision events and component reviews, including the mission and membership for each.

(2)

Information for major acquisition programs

For each major acquisition program, the report shall include the following:

(A)

A narrative description, including current gaps and shortfalls, the capabilities to be fielded, and the number of planned increments or units.

(B)

Acquisition Review Board (or other board designated to review the acquisition) status of each acquisition, including the current acquisition phase, the date of the last review, and a listing of the required documents that have been reviewed with the dates reviewed or approved.

(C)

The most current, approved acquisition program baseline (including project schedules and events).

(D)

A comparison of the original acquisition program baseline, the current acquisition program baseline, and the current estimate.

(E)

Whether or not an independent verification and validation has been implemented, with an explanation for the decision and a summary of any findings.

(F)

A rating of cost risk, schedule risk, and technical risk associated with the program (including narrative descriptions and mitigation actions).

(G)

Contract status (including earned value management data as applicable).

(H)

A life cycle cost of the acquisition, and time basis for the estimate.

(3)

Updates

The Under Secretary shall submit quarterly updates to such report not later than 45 days after the completion of each quarter.

(b)

Quarterly program accountability report

The Under Secretary for Management shall prepare a quarterly program accountability report to meet the mandate of the Department to perform program health assessments and improve program execution and governance. The report shall be submitted to the congressional homeland security committees.

(c)

Congressional homeland security committees defined

In this section, the term congressional homeland security committees means—

(1)

the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(2)

the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate.

.

(b)

Clerical amendment

The table of contents in section 1(b) of such Act is further amended by inserting after the item relating to section 839 the following new item:

840. Acquisition reports.

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