114 HR 3572 IH: DHS Headquarters Reform and Improvement Act of 2015 U.S. House of Representatives 2015-09-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 114th CONGRESS 1st Session H. R. 3572 IN THE HOUSE OF REPRESENTATIVES September 18, 2015 Mr. McCaul (for himself and Mr. Thompson of Mississippi) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend the Homeland Security Act of 2002 to reform, streamline, and make improvements to the Department of Homeland Security and support the Department’s efforts to implement better policy, planning, management, and performance, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the DHS Headquarters Reform and Improvement Act of 2015. (b)

Table of contents

The table of contents for this Act is the following: Sec. 1. Short title; table of contents. Title I—Department of Homeland Security Headquarters Reauthorization Sec. 101. Definitions. Sec. 102. Headquarters components. Sec. 103. Chief Privacy Officer. Sec. 104. Office of Policy. Sec. 105. Quadrennial homeland security review. Sec. 106. Future years homeland security program. Sec. 107. Management and execution. Sec. 108. Chief Financial Officer. Sec. 109. Chief Procurement Officer. Sec. 110. Chief Information Officer. Sec. 111. Chief Human Capital Officer. Sec. 112. Chief Security Officer. Sec. 113. Cost savings and efficiency reviews. Sec. 114. Field efficiencies plan. Title II—DHS Acquisition Accountability and Efficiency Sec. 201. Definitions. Sec. 202. Prohibition on additional authorization of appropriations. Subtitle A—Acquisition Authorities Sec. 211. Acquisition authorities for Under Secretary for Management. Sec. 212. Acquisition authorities for Chief Financial Officer. Sec. 213. Acquisition authorities for Chief Information Officer. Sec. 214. Requirements to ensure greater accountability for acquisition programs. 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 and other requirements for major acquisition program breach. Sec. 232. Multiyear acquisition strategy. Sec. 233. Acquisition reports. Sec. 234. Government Accountability Office review of multiyear acquisition strategy. Sec. 235. Office of Inspector General report.

. (b)

Clerical amendment

The table of contents in section 1(b) of such Act is amended— (1)by striking the items relating to title VI and inserting the following: Title VI—Policy and Planning Sec. 601. Office of Policy. Sec. 602. Office of Partnership and Engagement. Sec. 603. Office of International Affairs. Sec. 604. Office of Policy Implementation. Sec. 605. Office of Strategy and Planning.. (2)by inserting after the item relating to section 889, and inserting after the item relating section 890A the following: Sec. 890B. Treatment of charitable trusts for members of the Armed Forces of the United States and other governmental organizations.. (c)

Appointment of Under Secretary for Policy; continuation of service of Assistant Secretary

(1)

Time of appointment

The President may appoint an Under Secretary for Policy under section 601 of the Homeland Security Act of 2002, as amended by this Act, only on or after January 20, 2017. (2)

Head of office pending appointment

The individual serving as the Assistant Secretary for Policy of the Department of Homeland Security on the date of the enactment of this Act, or their successor, may continue to serve as an Assistant Secretary and as the head of the Office of Policy established by such section, until the date on which the Under Secretary for Policy is appointed under such section in accordance with paragraph (1). (d)

Appointment of Assistant Secretary for International Affairs; abolishment of existing office

(1)

Time of appointment

The Secretary of Homeland Security may appoint an Assistant Secretary for International Affairs under section 602 of the Homeland Security Act of 2002, as amended by this Act, only on or after January 20, 2017. (2)

Head of office pending appointment

The individual serving as the Assistant Secretary for International Affairs of the Department of Homeland Security on the date of the enactment of this Act, or their successor, may continue to serve as a Deputy Assistant Secretary and as the head of the Office of International Affairs established by such section, until the date the Under Secretary for Policy is appointed under such section in accordance with paragraph (1). (3)

Abolishment of existing office.

(A)

In general

The Office of International Affairs within the Office of the Secretary is abolished. (B)

Transfer of assets and personnel

The assets and personnel associated with such Office are transferred to the head of the Office of International Affairs provided for by section 603 of the Homeland Security Act of 2002, as amended by this Act. (C)

Conforming amendment

Subsection 879 of the Homeland Security Act of 2002 (6 U.S.C. 459), and the item relating to such section in section 1(b) of such Act, are repealed. (e)

Abolishment of Office for State and Local Law Enforcement

(1)

In general

The Office for State and Local Law Enforcement of the Department of Homeland Security is abolished. (2)

Transfer of functions, assets, and personnel

The functions authorized to be 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 the Office of Partnership and Engagement provided for by section 602 of the Homeland Security Act of 2002, as amended by this Act. (3)

Conforming amendment

Subsection (b) of section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 607) is repealed. (f)

Abolishment of Office for State and Local Government Coordination

(1)

In general

The Office for State and Local Government Coordination of the Department of Homeland Security is abolished. (2)

Transfer of functions and assets

The functions authorized to be performed by such office immediately before the enactment of this Act, and the assets and personnel associated with such functions, are transferred to the head of Office of Partnership and Engagement provided for by section 602 of the Homeland Security Act of 2002, as amended by this Act. (3)

Conforming amendments

Section 801 of the Homeland Security Act of 2002 (6 U.S.C. 631), and the item relating to that section in the table of contents in section 1(b) of such Act, are repealed. (g)

Abolishment of Special Assistant to the Secretary

(1)

In general

The Special Assistant to the Secretary authorized by section 102(f) of the Homeland Security Act of 2002, as in effect immediately before the enactment of this Act (6 U.S.C. 112(f)), 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 602 of the Homeland Security Act of 2002, as amended by this Act. (3)

Conforming amendment

Section 102(f) of the Homeland Security Act of 2002 (6 U.S.C. 112(f)) is repealed. (h)

Conforming amendments relating to Assistant Secretaries

Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended— (1)in paragraph (1), by striking subparagraph (I) and redesignating subparagraph (J) as subparagraph (I); and (2)by amending paragraph (2) to read as follows: (2)

Assistant Secretaries

(A)

Advice and consent appointments

The Department shall have the following Assistant Secretaries appointed by the President, by and with the advice and consent of the Senate: (i)The Assistant Secretary, U.S. Immigration and Customs Enforcement. (ii)The Assistant Secretary, 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 under section 602. (iii)The Assistant Secretary for Partnership and Engagement under section 603. (D)

Limitation on creation of positions

No Assistant Secretary position may be created in addition to the positions provided for by this section unless such position is authorized by a statute enacted after the date of the enactment of the DHS Headquarters Reform and Improvement Act of 2015.. (i)

Homeland Security Advisory Council

Section 102(b) of the Homeland Security Act of 2002 (6 U.S.C. 112(b)) is amended by striking and after the semicolon at the end of paragraph (2), striking the period at the end of paragraph (3) and inserting ; and, and adding at the end the following: (4)shall establish a Homeland Security Advisory Council to provide advice and recommendations on homeland-security-related matters.. (j)

Prohibition on new offices

No new office may be created to perform functions transferred by this section, other than as provided in section 601 of the Homeland Security Act of 2002, as amended by this Act. (k)

Definitions

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

Duplication review

The Secretary of Homeland Security shall— (1)within 1 year after the date of the enactment of this Act, complete a review of the international affairs offices, functions, and responsibilities of the components of the Department of Homeland Security, to identify and eliminate areas of unnecessary duplication; and (2)within 30 days after the completion of such review, 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.

105.

Quadrennial homeland security review

Section 707 of the Homeland Security Act of 2002 (6 U.S.C. 347) is amended— (1)in subsection (a)— (A)by amending paragraph (1) to read as follows: (1)

Review required

In fiscal year 2017, and every 4 years thereafter, the Secretary shall conduct a review of the homeland security of the Nation (in this section referred to as a quadrennial homeland security review). Such review shall be conducted so that it is completed, and the report under subsection (c) is issued, by no later than December 31, 2017, and by December 31 of every fourth year thereafter.; and (B)in paragraph (3) by striking The Secretary shall conduct each quadrennial homeland security review under this subsection in consultation with and inserting In order to ensure that each quadrennial homeland security review conducted under this section is coordinated with the quadrennial defense review conducted by the Secretary of Defense under section 118 of title 10, United States Code, and any other major strategic review relating to diplomacy, intelligence, or other national security issues, the Secretary shall conduct and obtain information and feedback from entities of the homeland security enterprise through; (2)in subsection (b)— (A)in paragraph (5), by striking and after the semicolon at the end; (B)in paragraph (6), by striking the period and inserting ; and; and (C)by adding after paragraph (6) the following: (7)leverage analytical tools and resources developed as part of the quadrennial homeland security review to support the Department’s ongoing programs and missions.; and (3)in subsection (c)(2)— (A)by striking and after the semicolon at the end of subparagraph (H); (B)by redesignating subparagraph (I) as subparagraph (L); and (C)by inserting after subparagraph (H) the following: (I)a description of how the conclusions under the quadrennial homeland security review will inform efforts to develop capabilities and build capacity of States, local governments, Indian tribes, and private entities, and of individuals, families, and communities; (J)as appropriate, proposed changes to the authorities, organization, governance structure, or business processes (including acquisition processes) of the Department in order to better fulfill responsibilities of the Department; and (K)where appropriate, a classified annex, including materials prepared pursuant to section 306 of title 5, relating to the preparation of an agency strategic plan, to satisfy, in whole or in part, the reporting requirements of this paragraph..

106.

Future years homeland security program

Section 874 of the Homeland Security Act of 2002 (6 U.S.C. 454) is amended— (1)by amending subsection (a) to read as follows: (a)

In general

Not later than the 30 days following the date of each fiscal year on which the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a Future Years Homeland Security Program that provides detailed estimates of the projected expenditures and corresponding requests for appropriations included in that budget. The Future Years Homeland Security Program shall cover the fiscal year for which the budget is submitted and the 4 succeeding fiscal years.; and (2)by adding at the end the following: (d)

Consistency of budget request with estimates

For each fiscal year, the Secretary shall ensure that the projected amounts specified in program and budget information for the Department submitted to Congress in support of the President’s budget request are consistent with the estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department included in the budget pursuant to section 1105(a)(5) of title 31, United States Code. (e)

Explanation of alignment with strategies and plans

Together with the detailed estimates of the projected expenditures and corresponding requests for appropriations submitted for the Future Years Homeland Security Program, the Secretary shall provide an explanation of how those estimates and requests align with the homeland security strategies and plans developed and updated as appropriate by the Secretary. Such explanation shall include an evaluation of the organization, organizational structure, governance structure, and business processes (including acquisition processes) of the Department, to ensure that the Department is able to meet its responsibilities. (f)

Projection of acquisition estimates

Each Future Years Homeland Security Program shall project— (1)acquisition estimates for a period of 5 fiscal years, with specified estimates for each fiscal year, for major acquisition programs by the Department and each component therein, including modernization and sustainment expenses; and (2)estimated annual deployment schedules for major acquisition programs over the 5-fiscal-year period. (g)

Contingency amounts

Nothing in this section shall be construed as prohibiting the inclusion in the Future Years Homeland Security Program of amounts for management contingencies, subject to the requirements of subsection (b). (h)

Classified or sensitive annex

The Secretary may include with each submission under this section a classified or sensitive annex containing any information required to be submitted under this section that is restricted from public disclosure in accordance with Federal law, including information that is determined to be Sensitive Security Information under section 537 of the Department of Homeland Security Appropriations Act, 2006 (6 U.S.C. 114) to Congress in a classified or sensitive annex. (i)

Availability of information to the public

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

107.

Management and execution

Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended by redesignating subsections (c) and (d) as subsections (e) and (f), respectively, and by striking subsections (a) and (b) and inserting the following: (a)

In general

Subject to the direction and control of the Secretary, the Under Secretary for Management shall serve as the following: (1)The Chief Management Officer for all matters related to the management and administration of the Department in support of homeland security operations and programs. With regard to the management functions for which the Under Secretary has responsibility by law or by direction of the Secretary, the Under Secretary for Management takes precedence in the Department after the Secretary and the Deputy Secretary of Homeland Security. (2)The senior official with the authority to administer, implement, and direct management integration and transformation across functional disciplines of the Department, including— (A)information technology, financial management, acquisition management, and human capital management of the Department to improve program efficiency and effectiveness; (B)ensure compliance with laws, rules, regulations, and the Department’s policies; (C)conduct regular oversight; and (D)prevent unnecessary duplication of programs in the Department. (b)

Responsibilities

In addition to responsibilities designated by the Secretary or otherwise established by law, the Under Secretary for Management shall be responsible for performing, or delegating responsibility for performing, the following activities of the Department: (1)Development of the budget, management of appropriations, expenditures of funds, accounting, and finance. (2)Acquisition and procurement activities under section 701(d). (3)Human resources and personnel. (4)Information technology and communication systems, in consultation with the Under Secretary for Intelligence and Analysis, as appropriate. (5)Facilities, property, equipment, and other material resources. (6)Real property and personal property. (7)Security for personnel, information technology and communications systems, facilities, property, equipment, and other material resources. (8)Strategic management planning, annual performance planning, and identification and tracking of performance measures relating to the responsibilities of the Department, including such responsibilities under section 306 of title 5, United States Code. (9)Oversight of grants and other assistance management programs to ensure proper administration. (10)Management integration and transformation within each functional management discipline of the Department, including information technology, financial management, acquisition management, and human capital management, and the transition process, to ensure an efficient and orderly consolidation of functions and personnel in the Department and transition, including the— (A)development of coordinated data sources and connectivity of information systems to the greatest extent practical to enhance program visibility and transparency; (B)development of standardized, automated, and real-time management information to uniformly manage and oversee programs, and make informed decisions to improve the efficiency of the Department; (C)development of effective program management and regular oversight mechanisms, including clear roles and processes for program governance, sharing of best practices, and access to timely, reliable, and analyzed data on all acquisitions and investments; (D)implementation of mechanisms to promote accountability for management integration among Department and component chief officers; (E)integration of financial management systems within and across the Department to ensure financial transparency, support daily operational and financial decisionmaking, and maintain consecutive unqualified opinions for all financial statements, including the responsibility to review, approve, and oversee the planning, design, acquisition, deployment, operation, maintenance, and modernization of business systems; (F)integration of human resource management systems within and across the Department to track and record information (including attrition rates, knowledge, skills, and abilities critical for workforce planning, identifying current and future human capital needs, including recruitment efforts and improving employee morale), including the responsibility to review, approve, and oversee the planning, design, acquisition, deployment, operation, maintenance, and modernization of business systems; (G)development of a management integration strategy for the Department and its components to be submitted annually with the President’s budget to ensure that management of the Department is strengthened in the areas of human capital, acquisition, information technology, and financial management, which shall include— (i)short- and long-term objectives to effectively guide implementation of interoperable business systems solutions; (ii)issuance of guidance and action plans with dates, specific actions, and costs for implementing management integration and transformation of common functional disciplines across the Department and its components; (iii)specific operational and tactical goals, activities, and timelines needed to accomplish the integration effort; (iv)performance measures to monitor and validate corrective measures; (v)efforts to identify resources needed to achieve key actions and outcomes; (vi)other issues impeding management integration; (vii)reporting to the Government Accountability Office twice annually to demonstrate measurable, sustainable progress made in implementing the Department’s corrective action plans and achieving key outcomes, including regarding— (I)leadership commitment; (II)capacity building; and (III)continuous monitoring to address Government Accountability Office designations of programs at high risk for waste, fraud, and abuse, including with respect to strengthening management functions; (viii)review and approve any major update to the Department’s strategy related to management integration and transformation across functional disciplines and lines of business, including any business systems modernization plans to maximize benefits and minimize costs for the Department; and (ix)before December 1 of each year in which a Presidential election is held, the development of a transition and succession plan to guide the transition of Department functions to a new Presidential administration, and making such plan available to the next Secretary and Under Secretary for Management and to the homeland security congressional committees; (H)oversight, including the conduct of internal audits and management analyses, of the programs and activities of the Department. Such supervision includes establishing oversight procedures to ensure a full and effective review of the efforts by Department components to implement policies and procedures of the Department for management integration and transformation; and (I)any other management duties that the Secretary may designate. .

108.

Chief Financial Officer

Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting after subsection (a) the following: (b)

Responsibilities

Notwithstanding sections 901 and 1122 of title 31, United States Code, the Chief Financial Officer, in consultation with the Under Secretary for Management and the Under Secretary for Intelligence and Analysis, as appropriate, shall— (1)lead cost-estimating practices for the Department, including the development of the Department’s policy on cost estimating and approval of life cycle cost estimates; (2)oversee coordination with the Office of Policy on the Department’s long-term strategic planning to ensure that the development of the Department’s budget is compatible with the priorities, strategic plans, and policies established by the Secretary; (3)develop and oversee the Department’s financial management policy; (4)provide guidance for and over financial system modernization efforts throughout the Department; (5)establish effective internal controls over financial reporting systems and processes throughout the Department; (6)lead assessments of internal controls related to the Department’s financial management systems and review financial processes to ensure that internal controls are designed properly and operate effectively; (7)lead the Department’s efforts related to financial oversight, including identifying ways to streamline and standardize business processes; (8)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; (9)ensure that Department components’ senior financial officers certify that their major acquisition programs have adequate resources to execute their programs through the 5-year future years homeland security program period, so that the Department’s funding requirements for major acquisition programs match expected resources; (10)ensure that components identify and report all expected costs of acquisition programs to the Chief Financial Officer of the Department; (11)oversee Department budget formulation and execution; and (12)fully implement a common accounting structure to be used across the entire Department by fiscal year 2019..

109.

Chief Procurement 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:

708.

Chief Procurement Officer

(a)

In general

There is a Chief Procurement Officer of the Department, who shall report directly to the Under Secretary for Management. The Chief Procurement Officer is the senior procurement executive for purposes of section 1702(c) of title 41, United States Code, and shall perform procurement functions as specified in such section. The Chief Procurement Officer also shall perform other functions and responsibilities set forth in this section and as may be assigned by the Under Secretary for Management. (b)

Responsibilities

The Chief Procurement Officer shall— (1)exercise leadership and authority to the extent delegated by the Under Secretary for Management over the Department procurement function; (2)issue procurement policies, and shall serve as a senior business advisor to agency officials on acquisition-related matters, including policy and workforce matters, as determined by the Under Secretary for Management; (3)account for the integrity, performance, and oversight of Department procurement and contracting functions and be responsible for ensuring that a procurement’s contracting strategy and plans are consistent with the intent and direction of the Acquisition Review Board; (4)serve as the Department’s main liaison to industry on procurement-related issues; (5)oversee a centralized certification and training program, in consultation with the Under Secretary for Management, for the entire Department acquisition workforce while using, to the greatest extent practicable, best practices and acquisitions training opportunities already in existence within the Federal Government, the private sector, or universities and colleges, as appropriate, and including training on how best to identify actions that warrant referrals for suspension or debarment; (6)delegate or retain contracting authority, as appropriate; (7)provide input on the periodic performance reviews of each head of contracting activity of the Department; (8)collect baseline data and establish performance measures on the impact of strategic sourcing initiatives on the private sector, including, in particular, small businesses; and (9)ensure that a fair proportion (as defined pursuant to the Small Business Act (15 U.S.C. 631 et seq.)) of Federal contract and subcontract dollars are awarded to small businesses, maximize opportunities for small business participation, 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. (c)

Head of contracting activity defined

In this section the term head of contracting activity means each 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 further amended by adding at the end of the items relating to such title the following: Sec. 708. Chief Procurement Officer..

110.

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: 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 (e); and (3)by inserting after subsection (a) the following: (b)

Responsibilities

In addition to the functions under section 3506 of title 44, United States Code, the Chief Information Officer, in consultation with the Under Secretary for Management, shall— (1)advise and assist the Secretary, heads of the components of the Department, and other senior officers in carrying out the responsibilities of the Department for all activities relating to the budgets, programs, and operations of the information technology functions of the Department; (2)to the extent delegated by the Secretary— (A)exercise leadership and authority over Department information technology management; and (B)establish the information technology priorities, policies, processes, standards, guidelines, and procedures of the Department to ensure interoperability and standardization of information technology; (3)serve as the lead technical authority for information technology programs; (4)maintain a consolidated inventory of the Department’s mission critical and mission essential information systems, and develop and maintain contingency plans for responding to a disruption in the operation of any of those information systems; (5)maintain the security, visibility, reliability, integrity, and availability of data and information technology of the Department including the security of the Homeland Security Data Network; (6)in coordination with relevant officials of the Department, ensure that the Department is in compliance with subchapter II of chapter 35 of title 44, United States Code; (7)establish policies and procedures to effectively monitor and manage vulnerabilities in the supply chain for purchases of information technology; (8)in coordination with relevant officials of the Department, ensure Department compliance with Homeland Security Presidential Directive 12; (9)in coordination with relevant officials of the Department, ensure that information technology systems of the Department meet the standards established under the information sharing environment, as defined in section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); (10)develop measures to monitor the performance of Department components’ use and implementation of information technology systems and consistently monitor such performance to ensure that such systems are used effectively; (11)ensure that Department components report to the Chief Information Officer of the Department a complete inventory of information systems and fully adhere to Department guidance related to information technology; (12)carry out any other responsibilities delegated by the Secretary consistent with an effective information system management function; and (13)carry out authorities over Department information technology consistent with section 113419 of title 40, United States Code. (c)

Strategic plans

In coordination with the Chief Financial Officer, the Chief Information Officer shall develop an information technology strategic plan every 5 years and report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on— (1)how the information technology strategic plans developed under this subsection are used to help inform the Department’s budget process; (2)how the Department’s budget aligns with priorities specified in the information technology strategic plans; (3)in cases in which it is not possible to fund all information technology strategic plan activities for a given fiscal year, the rationale as to why certain activities are not being funded in lieu of higher priorities; (4)what decisionmaking process was used to arrive at these priorities and the role of Department components in that process; and (5)examine the extent to which unnecessary duplicate information technology within and across the components of the Department has been eliminated. (d)

Software licensing

(1)

In general

Not later than 180 days after the date of the enactment of the DHS Headquarters Reauthorization Act of 2015, and every 2 years thereafter, the Chief Information Officer, in consultation with Department component chief information officers, shall— (A)conduct a Departmentwide 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 2 fiscal years; (C)examine how the Department can achieve the greatest possible economies of scale and cost savings in the procurement of software licenses; (D)determine how the use of shared cloud-computing services will impact the needs for software licenses for the subsequent 2 fiscal years; and (E)establish plans and estimated costs for eliminating unutilized software licenses for the subsequent 2 fiscal years. (2)

Excess software licensing

(A)

Plan to reduce software 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 as assessed under paragraph (1), the Secretary, not later than 90 days after the date on which the inventory is completed, shall establish a plan for bringing the number of such software licenses into balance with such needs of the Department. (B)

Prohibition on procurement of new software licenses

(i)

In general

Except as provided in clause (ii), upon completion of a plan established under paragraph (1), 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. (ii)

Exception

The Chief Information Officer may authorize the purchase of additional licenses and amend the number of needed licenses as necessary. (3)

GAO review

The Comptroller General of the United States shall review the inventory conducted under paragraph (1)(A) and the plan established under paragraph (2)(A). (4)

Submission to Congress

The Chief Information Officer shall submit a copy of each inventory conducted under paragraph (1)(A) and each plan established under paragraph (2)(A) to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.. (b)

Completion of first definition of capabilities

The Chief Information Officer shall complete the first implementation of section 701(c) of the Homeland Security Act of 2002, as amended by this section, by not later than 1 year after the date of the enactment of this Act.

111.

Chief Human Capital Officer

Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 343) is amended to read as follows:

704.

Chief Human Capital Officer

(a)

In general

There is a Chief Human Capital Officer of the Department who shall report directly to the Under Secretary of Management. (b)

Responsibilities

The Chief Human Capital Officer shall— (1)develop and implement strategic workforce planning efforts that are consistent with Governmentwide leading principles, and that are in line with Department strategic human capital goals and priorities; (2)develop performance measures to provide a basis for monitoring and evaluating Departmentwide strategic workforce planning efforts; (3)develop strategies to recruit, hire, and train the Department workforce; (4)work with the component heads to identify methods for managing and overseeing human capital programs and initiatives; (5)develop a career path framework, and create opportunities for leader development; (6)serve as the Department’s central office for managing employee resources, including training and development opportunities; (7)coordinate the Department’s human resource management system; (8)conduct efficiency reviews to determine if components are implementing human capital programs and initiatives; and (9)identify and eliminate unnecessary and duplicative human capital policies and guidance. (c)

Component strategies

(1)

In general

Each component of the Department shall coordinate with the Chief Human Capital Officer of the Department to develop or maintain its own 5-year workforce strategy that will support the Department’s goals, objectives, performance measures, and determination of the proper balance of Federal employees and private labor resources. (2)

Strategy requirements

The Chief Human Capital Officer shall ensure that, in the development of the strategy required by subsection (c), the head of the component reports to the Chief Human Capital Officer on the human resources considerations associated with creating additional Federal full-time equivalent positions, converting private contractors to Federal employees, or relying on the private sector for goods and services, including— (A)hiring projections, including occupation and grade level, as well as corresponding salaries, benefits, and hiring or retention bonuses; (B)the identification of critical skills requirements over the 5-year period, any current or anticipated need for critical skills required at the Department, and the training or other measures required to address such need; (C)recruitment of qualified candidates and retention of qualified employees; (D)supervisory and management requirements; (E)travel and related personnel support costs; (F)the anticipated cost and impact on mission performance associated with replacing Federal personnel due to their retirement or other attrition; and (G)other appropriate factors. (d)

Annual submission

The Secretary shall provide to the appropriate congressional committees, together with submission of the annual budget justification, information on the progress within the Department of fulfilling the workforce strategies required under subsection (c).

.

112.

Chief Security Officer

(a)

In general

Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by section 109(a) of this Act, is further amended by adding at the end the following:

709.

Chief Security Officer

(a)

In general

There is a Chief Security Officer of the Department, who shall report directly to the Under Secretary for Management. (b)

Responsibilities

The Chief Security Officer shall— (1)develop and implement the Department’s security policies, programs, and standards; (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 such title the following: Sec. 709. Chief Security Officer..

113.

Cost savings and efficiency reviews

Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Under Secretary for Management of the Department of Homeland Security, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that— (1)provides a detailed accounting of the management and administrative expenditures and activities of the components of the Department and identifies potential cost savings and efficiencies for those expenditures and activities of each such component; (2)examines the size, experience level, and geographic distribution of the operational personnel of the Department, including U.S. Customs and Border Protection officers, Border Patrol agents, U.S. Customs and Border Protection Air and Marine agents, U.S. Customs and Border Protection agriculture specialists, Federal Protective Service law enforcement security officers, U.S. Immigration and Customs Enforcement agents, Transportation Security Administration officers, Federal air marshals, and members of the Coast Guard; and (3)makes recommendations for adjustments in the management and administration of the Department that would reduce deficiencies in the Department’s capabilities, reduce costs, and enhance efficiencies.

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 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) (i)An evaluation for each designated geographic area 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)The evaluation shall include consideration 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. (iii)The evaluation shall include 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 in the Department or its component’s real estate footprint, including the colocation of personnel from different components, offices, and agencies within the Department.