[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2976 Reported in Senate (RS)]
<DOC>
Calendar No. 532
114th CONGRESS
2d Session
S. 2976
[Report No. 114-287]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 23, 2016
Mr. Johnson (for himself and Mr. Carper) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
June 28, 2016
Reported by Mr. Johnson, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``DHS Accountability
Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--DEPARTMENT MANAGEMENT AND COORDINATION
Sec. 101. Management and execution.
Sec. 102. Department coordination.
Sec. 103. National Operations Center.
Sec. 104. Homeland Security Advisory Council.
Sec. 105. Strategy, policy, and plans.
Sec. 106. Authorization of the Office for Partnerships Against Violent
Extremism of the Department of Homeland
Security.
TITLE II--DEPARTMENT ACCOUNTABILITY, EFFICIENCY, AND WORKFORCE REFORMS
Sec. 201. Duplication review.
Sec. 202. Information technology strategic plan.
Sec. 203. Software licensing.
Sec. 204. Workforce strategy.
Sec. 205. Whistleblower protections.
Sec. 206. Cost savings and efficiency reviews.
Sec. 207. Abolishment of certain offices.
TITLE III--DEPARTMENT TRANSPARENCY AND ASSESSMENTS
Sec. 301. Homeland security statistics and metrics.
Sec. 302. Annual homeland security assessment.
Sec. 303. Department transparency.
Sec. 304. Transparency in research and development.
Sec. 305. Reporting on National Bio and Agro-Defense Facility.
Sec. 306. Inspector General oversight of suspension and debarment.
Sec. 307. Future Years Homeland Security Program.
Sec. 308. Quadrennial homeland security review.
Sec. 309. Reporting reduction.
Sec. 310. Additional definitions.
TITLE IV--MISCELLANEOUS
Sec. 401. Administrative leave.
Sec. 402. United States Government review of certain foreign fighters.
Sec. 403. National strategy to combat terrorist travel.
Sec. 404. Northern border threat analysis.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional homeland security committees.--The term
``congressional homeland security committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Homeland Security of the House
of Representatives;
(C) the Subcommittee on Homeland Security
Subcommittee of the Committee on Appropriations of the
Senate; and
(D) the Subcommittee on Homeland Security
Subcommittee of the Committee on Appropriations of the
House of Representatives.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
TITLE I--DEPARTMENT MANAGEMENT AND COORDINATION
SEC. 101. MANAGEMENT AND EXECUTION.
(a) In General.--Section 103 of the Homeland Security Act of 2002
(6 U.S.C. 113) is amended--
(1) in subsection (a)(1)--
(A) by striking subparagraph (F) and inserting the
following:
``(F) An Under Secretary for Management, who shall be first
assistant to the Deputy Secretary of Homeland Security for
purposes of subchapter III of chapter 33 of title 5, United
States Code.''; and
(B) by adding at the end the following:
``(K) An Under Secretary for Strategy, Policy, and
Plans.''; and
(2) by adding at the end the following:
``(g) Vacancies.--
``(1) Absence, disability, or vacancy of secretary or
deputy secretary.--Notwithstanding section 3345 chapter 33 of
title 5, United States Code, the Under Secretary for Management
shall serve as the Acting Secretary if by reason of absence,
disability, or vacancy in office, neither the Secretary nor
Deputy Secretary is available to exercise the duties of the
Office of the Secretary.
``(2) Further order of succession.--Notwithstanding section
3345 chapter 33 of title 5, United States Code, the Secretary
may designate such other officers of the Department in further
order of succession to serve as Acting Secretary.
``(3) Notification of vacancies.--The Secretary shall
notify the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of
the House of Representatives of any vacancies that require
notification under sections 3345 through 3349d of title 5,
United States Code (commonly known as the `Federal Vacancies
Reform Act of 1998').''.
(b) In General Under Secretary for Management.--Section 701 of the
Homeland Security Act of 2002 (6 U.S.C. 341) is amended--
(1) in subsection (a)--
(A) by striking paragraph (9) and inserting the
following:
``(9) The management integration and transformation within
each functional management discipline of the Department,
including information technology, financial management,
acquisition management, and human capital management, to ensure
an efficient and orderly consolidation of functions and
personnel in the Department, including--
``(A) the development of centralized data sources
and connectivity of information systems to the greatest
extent practicable to enhance program visibility,
transparency, and operational effectiveness and
coordination;
``(B) the development of standardized and automated
management information to manage and oversee programs
and make informed decisions to improve the efficiency
of the Department;
``(C) the 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 evaluated data on all acquisitions and
investments; and
``(D) the overall supervision, including the
conduct of internal audits and management analyses, of
the programs and activities of the Department,
including establishment of oversight procedures to
ensure a full and effective review of the efforts by
components of the Department to implement policies and
procedures of the Department for management integration
and transformation.'';
(B) by redesignating paragraphs (10) and (11) as
paragraphs (12) and (13), respectively; and
(C) by inserting after paragraph (9) the following:
``(10) The development of a transition and succession plan,
before December 1 of each year in which a Presidential election
is held, 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 congressional homeland security committees.
``(11) Reporting to the Government Accountability Office
every 6 months to demonstrate measurable, sustainable progress
made in implementing the corrective action plans of the
Department to address the designation of the management
functions of the Department on the bi-annual high risk list of
the Government Accountability Office, until the Comptroller
General of the United States submits to the appropriate
congressional committees written notification of removal of the
high-risk designation.'';
(2) by striking subsection (b) and inserting the following:
``(b) Waivers for Conducting Business With Suspended or Debarred
Contractors.--Not later than 5 days after the date on which the Chief
Procurement Officer or Chief Financial Officer of the Department issues
a waiver of the requirement that an agency not engage in business with
a contractor or other recipient of funds listed as a party suspended or
debarred from receiving contracts, grants, or other types of Federal
assistance in the System for Award Management maintained by the General
Services Administration, or any successor thereto, the Under Secretary
for Management shall submit to the congressional homeland security
committees and the Inspector General of the Department notice of the
waiver and an explanation of the finding by the Under Secretary that a
compelling reason exists for the waiver.'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by inserting after subsection (c) the following:
``(d) System for Award Management Consultation.--The Under
Secretary for Management shall require that all Department contracting
and grant officials consult the System for Award Management (or
successor system) as maintained by the General Services Administration
prior to awarding a contract or grant or entering into other
transactions to ascertain whether the selected contractor is excluded
from receiving Federal contracts, certain subcontracts, and certain
types of Federal financial and non-financial assistance and
benefits.''.
SEC. 102. DEPARTMENT COORDINATION.
(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:
``SEC. 708. DEPARTMENT COORDINATION.
``(a) Definitions.--In this section--
``(1) the term `joint duty training program' means the
training program established under subsection (e)(9)(A);
``(2) the term `joint requirement' means a condition or
capability of a Joint Task Force, or of multiple operating
components of the Department, that is required to be met or
possessed by a system, product, service, result, or component
to satisfy a contract, standard, specification, or other
formally imposed document;
``(3) the term `Joint Task Force' means a Joint Task Force
established under subsection (e) when the scope, complexity, or
other factors of the crisis or issue require capabilities of
two or more components of the Department operating under the
guidance of a single Director; and
``(4) the term `situational awareness' means knowledge and
unified understanding of unlawful cross-border activity,
including--
``(A) threats and trends concerning illicit
trafficking and unlawful crossings;
``(B) the ability to forecast future shifts in such
threats and trends;
``(C) the ability to evaluate such threats and
trends at a level sufficient to create actionable
plans; and
``(D) the operational capability to conduct
continuous and integrated surveillance of the air,
land, and maritime borders of the United States.
``(b) Department Leadership Councils.--
``(1) Establishment.--The Secretary may establish such
Department leadership councils as the Secretary determines
necessary to ensure coordination among leadership in the
Department.
``(2) Function.--Department leadership councils shall--
``(A) serve as coordinating forums;
``(B) advise the Secretary and Deputy Secretary on
Department strategy, operations, and guidance; and
``(C) consider and report on such other matters as
the Secretary or Deputy Secretary may direct.
``(3) Chairperson; membership.--
``(A) Chairperson.--The Secretary or a designee may
serve as chairperson of a Department leadership
council.
``(B) Membership.--The Secretary shall determine
the membership of a Department leadership council.
``(4) Relationship to other forums.--The Secretary or
Deputy Secretary may delegate the authority to direct the
implementation of any decision or guidance resulting from the
action of a Department leadership council to any office,
component, coordinator, or other senior official of the
Department.
``(c) Joint Requirements Council.--
``(1) Establishment.--There is established within the
Department a Joint Requirements Council.
``(2) Mission.--In addition to other matters assigned to it
by the Secretary and Deputy Secretary, the Joint Requirements
Council shall--
``(A) identify, assess, and validate joint
requirements (including existing systems and associated
capability gaps) to meet mission needs of the
Department;
``(B) ensure that appropriate efficiencies are made
among life-cycle cost, schedule, and performance
objectives, and procurement quantity objectives, in the
establishment and approval of joint requirements; and
``(C) make prioritized capability recommendations
for the joint requirements approved validated under
subparagraph (A) to the Secretary, the Deputy
Secretary, or the chairperson of a Department
leadership council designated by the Secretary to
review decisions of the Joint Requirements Council.
``(3) Chair.--The Secretary shall appoint a chairperson of
the Joint Requirements Council, for a term of not more than 2
years, from among senior officials from components of the
Department or other senior officials as designated by the
Secretary.
``(4) Composition.--The Joint Requirements Council shall be
composed of senior officials representing components of the
Department and other senior officials as designated by the
Secretary.
``(5) Relationship to future years homeland security
program.--The Secretary shall ensure that the Future Years
Homeland Security Program required under section 874 is
consistent with the recommendations of the Joint Requirements
Council under paragraph (2)(C) of this subsection, as affirmed
by the Secretary, the Deputy Secretary, or the chairperson of a
Department leadership council designated by the Secretary under
that paragraph.
``(d) Joint Operational Plans.--
``(1) Planning and guidance.--The Secretary may direct the
development of Joint Operational Plans for the Department and
issue planning guidance for such development.
``(2) Coordination.--The Secretary shall ensure
coordination between requirements derived from Joint
Operational Plans and the Future Years Homeland Security
Program required under section 874.
``(3) Limitation.--Nothing in this subsection shall be
construed to affect the national emergency management
authorities and responsibilities of the Administrator of the
Federal Emergency Management Agency under title V.
``(e) Joint Task Forces.--
``(1) Establishment.--The Secretary may establish and
operate Departmental Joint Task Forces to conduct joint
operations using personnel and capabilities of the Department.
``(2) Joint task force directors.--
``(A) Director.--Each Joint Task Force shall be
headed by a Director appointed by the Secretary for a
term of not more than 2 years, who shall be a senior
official of the Department.
``(B) Extension.--The Secretary may extend the
appointment of a Director of a Joint Task Force for not
more than 2 years if the Secretary determines that such
an extension is in the best interest of the Department.
``(3) Joint task force deputy directors.--For each Joint
Task Force, the Secretary shall appoint a Deputy Director who
shall be an official of a different component or office of the
Department than the Director of the Joint Task Force.
``(4) Responsibilities.--The Director of a Joint Task
Force, subject to the oversight, direction, and guidance of the
Secretary, shall--
``(A) maintain situational awareness within the
areas of responsibility of the Joint Task Force, as
determined by the Secretary;
``(B) provide operational plans and requirements
for standard operating procedures and contingency
operations;
``(C) plan and execute joint task force activities
within the areas of responsibility of the Joint Task
Force, as determined by the Secretary;
``(D) set and accomplish strategic objectives
through integrated operational planning and execution;
``(E) exercise operational direction over personnel
and equipment from components and offices of the
Department allocated to the Joint Task Force to
accomplish the objectives of the Joint Task Force;
``(F) establish operational and investigative
priorities within the operating areas of the Joint Task
Force;
``(G) coordinate with foreign governments and other
Federal, State, and local agencies, as appropriate, to
carry out the mission of the Joint Task Force; and
``(H) carry out other duties and powers the
Secretary determines appropriate.
``(5) Personnel and resources.--
``(A) In general.--The Secretary may, upon request
of the Director of a Joint Task Force, and giving
appropriate consideration of risk to the other primary
missions of the Department, allocate on a temporary
basis personnel and equipment of components and offices
of the Department to a Joint Task Force.
``(B) Cost neutrality.--A Joint Task Force may not
require more personnel, equipment, or resources than
would be required by components of the Department in
the absence of the Joint Task Force.
``(C) Location of operations.--In establishing a
location of operations for a Joint Task Force, the
Secretary shall, to the extent practicable, use
existing facilities that integrate efforts of
components of the Department and State, local, tribal,
or territorial law enforcement or military entities.
``(D) Report.--The Secretary shall, at the time the
budget of the President is submitted to Congress for a
fiscal year under section 1105(a) of title 31, United
States Code, submit to the congressional homeland
security committees a report on the total funding,
personnel, and other resources that each component of
the Department allocated to each Joint Task Force to
carry out the mission of the Joint Task Force during
the fiscal year immediately preceding the report.
``(6) Component resource authority.--As directed by the
Secretary--
``(A) each Director of a Joint Task Force shall be
provided sufficient resources from relevant components
and offices of the Department and the authority
necessary to carry out the missions and
responsibilities required under this section;
``(B) the resources referred to in subparagraph (A)
shall be under the operational authority, direction,
and control of the Director of the Joint Task Force to
which the resources are assigned; and
``(C) the personnel and equipment of each Joint
Task Force shall remain under the administrative
direction of the executive agent for the Joint Task
Force.
``(7) Joint task force staff.--Each Joint Task Force shall
have a staff, composed of officials from relevant components,
to assist the Director in carrying out the mission and
responsibilities of the Joint Task Force.
``(8) Establishment of performance metrics.--The Secretary
shall--
``(A) establish outcome-based and other appropriate
performance metrics to evaluate the effectiveness of
each Joint Task Force;
``(B) not later than 120 days after the date of
enactment of this section, submit the metrics
established under subparagraph (A) to the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the
House of Representatives; and
``(C) not later than January 31, 2017, and each
year thereafter, of each year beginning in 2017,
submit to each committee described in subparagraph (B)
a report that contains the evaluation described in
subparagraph (A).
``(9) Joint duty training program.--
``(A) In general.--The Secretary shall--
``(i) establish a joint duty training
program in the Department for the purposes of--
``(I) enhancing coordination within
the Department; and
``(II) promoting workforce
professional development; and
``(ii) tailor the joint duty training
program to improve joint operations as part of
the Joint Task Forces.
``(B) Elements.--The joint duty training program
established under subparagraph (A) shall address, at a
minimum, the following topics:
``(i) National security strategy.
``(ii) Strategic and contingency planning.
``(iii) Command and control of operations
under joint command.
``(iv) International engagement.
``(v) The homeland security enterprise.
``(vi) Interagency collaboration.
``(vii) Leadership.
``(viii) Specific subject matter relevant
to the Joint Task Force to which the joint duty
training program is assigned.
``(C) Training required.--
``(i) Directors and deputy directors.--
Except as provided in clauses (iii) and (iv),
an individual shall complete the joint duty
training program before being appointed
Director or Deputy Director of a Joint Task
Force.
``(ii) Joint task force staff.--Each
official serving on the staff of a Joint Task
Force shall complete the joint duty training
program within the first year of assignment to
the Joint Task Force.
``(iii) Exception.--Clause (i) shall not
apply to the first Director or Deputy Director
appointed to a Joint Task Force on or after the
date of enactment of this section.
``(iv) Waiver.--The Secretary may waive
clause (i) if the Secretary determines that
such a waiver is in the interest of homeland
security.
``(10) Establishing joint task forces.--Subject to
paragraph (13), the Secretary may establish Joint Task Forces
for the purposes of--
``(A) coordinating and directing operations along
the land and maritime borders of the United States;
``(B) cybersecurity; and
``(C) preventing, preparing for, and responding to
other homeland security matters, as determined by the
Secretary.
``(11) Notification of joint task force formation.--
``(A) In general.--Not later than 90 days before
establishing a Joint Task Force under this subsection,
the Secretary shall submit a notification to the
Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of
the House of Representatives.
``(B) Waiver authority.--The Secretary may waive
the requirement under subparagraph (A) in the event of
an emergency circumstance that imminently threatens the
protection of human life or the protection of property.
``(12) Review.--
``(A) In general.--The Inspector General of the
Department shall conduct a review of the Joint Task
Forces established under this subsection.
``(B) Contents.--The review required under
subparagraph (A) shall include--
``(i) an assessment of the effectiveness of
the structure of each Joint Task Force; and
``(ii) recommendations for enhancements to
that structure to strengthen the effectiveness
of the Joint Task Force.
``(C) Submission.--The Inspector General of the
Department 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--
``(i) an initial report that contains the
evaluation described in subparagraph (A) by not
later than January 31, 2018; and
``(ii) a second report that contains the
evaluation described in subparagraph (A) by not
later than January 31, 2021.
``(13) Limitation on joint task forces.--
``(A) In general.--The Secretary may not establish
a Joint Task Force for any major disaster or emergency
declared under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
or an incident for which the Federal Emergency
Management Agency has primary responsibility for
management of the response under title V of this Act,
including section 504(a)(3)(A), unless the
responsibilities of the Joint Task Force--
``(i) do not include operational functions
related to incident management, including
coordination of operations; and
``(ii) are consistent with the requirements
of paragraphs (3) and (4)(A) of section 503(c)
and section 509(c) of this Act and section 302
of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5143).
``(B) Responsibilities and functions not reduced.--
Nothing in this section shall be construed to reduce
the responsibilities or functions of the Federal
Emergency Management Agency or the Administrator
thereof under title V of this Act and any other
provision of law, including the diversion of any asset,
function, or mission from the Federal Emergency
Management Agency or the Administrator thereof pursuant
to section 506.
``(f) Joint Duty Assignment Program.--The Secretary may establish a
joint duty assignment program within the Department for the purposes of
enhancing coordination in the Department and promoting workforce
professional development.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2135), as amended by this Act, is amended by inserting after
the item relating to section 707 the following:
``Sec. 708. Department coordination.''.
SEC. 103. NATIONAL OPERATIONS CENTER.
Section 515 of the Homeland Security Act of 2002 (6 U.S.C. 321d) is
amended--
(1) in subsection (a)--
(A) by striking ``emergency managers and decision
makers'' and inserting ``emergency managers, decision
makers, and other appropriate officials''; and
(B) by inserting ``and steady-state activity''
before the period at the end;
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``and tribal governments''
and inserting ``tribal, and territorial
governments, the private sector, and
international partners''; and
(ii) by striking ``in the event of'' and
inserting ``for events, threats, and incidents
involving''; and
(iii) by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) enter into agreements with other Federal operations
centers and other homeland security partners, as appropriate,
to facilitate the sharing of information.'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following:
``(c) Reporting Requirements.--Each Federal agency shall provide
the National Operations Center with timely information--
``(1) relating to events, threats, and incidents involving
a natural disaster, act of terrorism, or other man-made
disaster;
``(2) concerning the status and potential vulnerability of
the critical infrastructure and key resources of the United
States;
``(3) relevant to the mission of the Department of Homeland
Security; or
``(4) as may be requested by the Secretary under section
202.''; and
(5) in subsection (d), as so redesignated--
(A) in the subsection heading, by striking ``Fire
Service'' and inserting ``Emergency Responder'';
(B) by striking paragraph (1) and inserting the
following:
``(1) Establishment of positions.--The Secretary shall
establish a position, on a rotating basis, for a representative
of State and local emergency responders at the National
Operations Center established under subsection (b) to ensure
the effective sharing of information between the Federal
Government and State and local emergency response services.'';
(C) by striking paragraph (2); and
(D) by redesignating paragraph (3) as paragraph
(2).
SEC. 104. HOMELAND SECURITY ADVISORY COUNCIL.
(a) In General.--Section 102(b) of the Homeland Security Act of
2002 (6 U.S.C. 112(b)) 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:
``(4) shall establish a Homeland Security Advisory Council
to provide advice and recommendations on homeland security and
homeland security-related matters.''.
SEC. 105. STRATEGY, POLICY, AND PLANS.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by this Act, is amended by adding at
the end the following:
``SEC. 709. OFFICE OF STRATEGY, POLICY, AND PLANS.
``(a) In General.--There is established in the Department an Office
of Strategy, Policy, and Plans.
``(b) Head of Office.--The Office of Strategy, Policy, and Plans
shall be headed by an Under Secretary for Strategy, Policy, and Plans,
who shall serve as the principal policy advisor to the Secretary and be
appointed by the President, by and with the advice and consent of the
Senate.
``(c) Functions.--The Office of Strategy, Policy, and Plans shall--
``(1) lead, conduct, and coordinate Department-wide policy
development and implementation and strategic planning;
``(2) develop and coordinate policies to promote and ensure
quality, consistency, and integration for the programs,
offices, and activities across the Department;
``(3) develop and coordinate strategic plans and long-term
goals of the Department with risk-based analysis and planning
to improve operational mission effectiveness, including leading
and conducting the quadrennial homeland security review under
section 707;
``(4) manage Department leadership councils and provide
analytics and support to such councils;
``(5) manage international coordination and engagement for
the Department;
``(6) review and incorporate, as appropriate, external
stakeholder feedback into Department policy; and
``(7) carry out such other responsibilities as the
Secretary determines appropriate.
``(d) Coordination by Department Components.--To ensure consistency
with the policy priorities of the Department, the head of each
component of the Department shall coordinate with the Office of
Strategy, Policy, and Plans in establishing or modifying policies or
strategic planning guidance.
``(e) Homeland Security Statistics and Joint Analysis.--
``(1) Homeland security statistics.--The Under Secretary
for Strategy, Policy, and Plans shall--
``(A) establish standards of reliability and
validity for statistical data collected and analyzed by
the Department;
``(B) be provided with statistical data maintained
by the Department regarding the operations of the
Department;
``(C) conduct or oversee analysis and reporting of
such data by the Department as required by law or
directed by the Secretary; and
``(D) ensure the accuracy of metrics and
statistical data provided to Congress.
``(2) Transfer of responsibilities.--There shall be
transferred to the Under Secretary for Strategy, Policy, and
Plans the maintenance of all immigration statistical
information of U.S. Customs and Border Protection and U.S.
Citizenship and Immigration Services, which shall include
information and statistics of the type contained in the
publication entitled `Yearbook of Immigration Statistics'
prepared by the Office of Immigration Statistics, including
region-by-region statistics on the aggregate number of
applications and petitions filed by an alien (or filed on
behalf of an alien) and denied, and the reasons for such
denials, disaggregated by category of denial and application or
petition type.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2135), as amended by this Act, is amended by inserting after
the item relating to section 708 the following:
``Sec. 709. Office of Strategy, Policy, and Plans.''.
SEC. 106. AUTHORIZATION OF THE OFFICE FOR PARTNERSHIPS AGAINST VIOLENT
EXTREMISM OF THE DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended--
(1) by inserting after section 801 the following:
``SEC. 802. OFFICE FOR PARTNERSHIPS AGAINST VIOLENT EXTREMISM.
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Emergency Management Agency.
``(2) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary for Partnerships Against Violent
Extremism designated under subsection (c).
``(3) Countering violent extremism.--The term `countering
violent extremism' means proactive and relevant actions to
counter recruitment, radicalization, and mobilization to
violence and to address the immediate factors that lead to
violent extremism and radicalization.
``(4) Domestic terrorism; international terrorism.--The
terms `domestic terrorism' and `international terrorism' have
the meanings given those terms in section 2331 of title 18,
United States Code.
``(5) Radicalization.--The term `radicalization' means the
process by which an individual chooses to facilitate or commit
domestic terrorism or international terrorism.
``(6) Violent extremism.--The term `violent extremism'
means international or domestic terrorism.
``(b) Establishment.--There is in the Department an Office for
Partnerships Against Violent Extremism.
``(c) Head of Office.--The Office for Partnerships Against Violent
Extremism shall be headed by an Assistant Secretary for Partnerships
Against Violent Extremism, who shall be designated by the Secretary and
report directly to the Secretary.
``(d) Deputy Assistant Secretary; Assignment of Personnel.--The
Secretary shall--
``(1) designate a career Deputy Assistant Secretary for
Partnerships Against Violent Extremism; and
``(2) assign or hire, as appropriate, permanent staff to
the Office for Partnerships Against Violent Extremism.
``(e) Responsibilities.--
``(1) In general.--The Assistant Secretary shall be
responsible for the following:
``(A) Leading the efforts of the Department to
counter violent extremism across all the components and
offices of the Department that conduct strategic and
supportive efforts to counter violent extremism. Such
efforts shall include the following:
``(i) Partnering with communities to
address vulnerabilities that can be exploited
by violent extremists in the United States and
explore potential remedies for government and
non-government nongovernment institutions.
``(ii) Working with civil society groups
and communities to counter violent extremist
propaganda, messaging, or recruitment.
``(iii) In coordination with the Office for
Civil Rights and Civil Liberties of the
Department, managing the outreach and
engagement efforts of the Department directed
toward communities at risk for radicalization
and recruitment for violent extremist
activities.
``(iv) Ensuring relevant information,
research, and products inform efforts to
counter violent extremism.
``(v) Developing and maintaining
Department-wide strategy, plans, policies, and
programs to counter violent extremism. Such
plans shall, at a minimum, address each of the
following:
``(I) The Department's plan to
leverage new and existing Internet and
other technologies and social media
platforms to improve non-government
nongovernment efforts to counter
violent extremism, as well as the best
practices and lessons learned from
other Federal, State, local, tribal,
territorial, and foreign partners
engaged in similar counter-messaging
efforts.
``(II) The Department's countering
violent extremism-related engagement
efforts.
``(III) The use of cooperative
agreements with State, local, tribal,
territorial, and other Federal
departments and agencies responsible
for efforts relating to countering
violent extremism.
``(vi) Coordinating with the Office for
Civil Rights and Civil Liberties of the
Department to ensure all of the activities of
the Department related to countering violent
extremism fully respect the privacy, civil
rights, and civil liberties of all persons.
``(vii) In coordination with the Under
Secretary for Science and Technology and in
consultation with the Under Secretary for
Intelligence and Analysis, identifying and
recommending new empirical research and
analysis requirements to ensure the
dissemination of information and methods for
Federal, State, local, tribal, and territorial
countering violent extremism practitioners,
officials, law enforcement personnel, and non-
governmental nongovernmental partners to
utilize such research and analysis.
``(viii) Assessing the methods used by
violent extremists to disseminate propaganda
and messaging to communities at risk for
recruitment by violent extremists.
``(B) Developing a digital engagement strategy that
expands the outreach efforts of the Department to
counter violent extremist messaging by--
``(i) exploring ways to utilize relevant
Internet and other technologies and social
media platforms; and
``(ii) maximizing other resources available
to the Department.
``(C) Serving as the primary representative of the
Department in coordinating countering violent extremism
efforts with other Federal departments and agencies and
non-governmental nongovernmental organizations.
``(D) Serving as the primary Department-level
representative in coordinating with the Department of
State on international countering violent extremism
issues.
``(E) In coordination with the Administrator,
providing guidance regarding the use of grants made to
State, local, and tribal governments under sections
2003 and 2004 under the allowable uses guidelines
related to countering violent extremism.
``(F) Developing a plan to expand philanthropic
support for domestic efforts related to countering
violent extremism, including by identifying viable
community projects and needs for possible philanthropic
support.
``(2) Communities at risk.--For purposes of this
subsection, the term `communities at risk' shall not include a
community that is determined to be at risk solely on the basis
of race, religious affiliation, or ethnicity.
``(f) Strategy To Counter Violent Extremism in the United States.--
``(1) Strategy.--Not later than 90 days after the date of
enactment of this section, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on the Judiciary of the Senate, the
Committee on Homeland Security of the House of Representatives,
and the Committee on the Judiciary of the House of
Representatives a comprehensive Department strategy to counter
violent extremism in the United States.
``(2) Contents of strategy.--The strategy required under
paragraph (1) shall, at a minimum, address each of the
following:
``(A) The Department's digital engagement effort,
including a plan to leverage new and existing Internet,
digital, and other technologies and social media
platforms to counter violent extremism, as well as the
best practices and lessons learned from other Federal,
State, local, tribal, territorial, non-governmental
nongovernmental, and foreign partners engaged in
similar counter-messaging activities.
``(B) The Department's countering violent
extremism-related engagement and outreach activities.
``(C) The use of cooperative agreements with State,
local, tribal, territorial, and other Federal
departments and agencies responsible for activities
relating to countering violent extremism.
``(D) Ensuring all activities related to countering
violent extremism adhere to relevant Department and
applicable Department of Justice guidance regarding
privacy, civil rights, and civil liberties, including
safeguards against discrimination.
``(E) The development of qualitative and
quantitative outcome-based metrics to evaluate the
Department's programs and policies to counter violent
extremism.
``(F) An analysis of the homeland security risk
posed by violent extremism based on the threat
environment and empirical data assessing terrorist
activities and incidents, and violent extremist
propaganda, messaging, or recruitment.
``(G) Information on the Department's near-term,
mid-term, and long-term risk-based goals for countering
violent extremism, reflecting the risk analysis
conducted under subparagraph (F).
``(3) Strategic considerations.--In drafting the strategy
required under paragraph (1), the Secretary shall consider
including the following:
``(A) Departmental efforts to undertake research to
improve the Department's understanding of the risk of
violent extremism and to identify ways to improve
countering violent extremism activities and programs,
including outreach, training, and information sharing
programs.
``(B) The Department's nondiscrimination policies
as they relate to countering violent extremism.
``(C) Departmental efforts to help promote
community engagement and partnerships to counter
violent extremism in furtherance of the strategy.
``(D) Departmental efforts to help increase support
for programs and initiatives to counter violent
extremism of other Federal, State, local, tribal,
territorial, non-governmental nongovernmental, and
foreign partners that are in furtherance of the
strategy, and which adhere to all relevant
constitutional, legal, and privacy protections.
``(E) Departmental efforts to disseminate to local
law enforcement agencies and the general public
information on resources, such as training guidance,
workshop reports, and the violent extremist threat,
through multiple platforms, including the development
of a dedicated webpage, and information regarding the
effectiveness of those efforts.
``(F) Departmental efforts to use cooperative
agreements with State, local, tribal, territorial, and
other Federal departments and agencies responsible for
efforts relating to countering violent extremism, and
information regarding the effectiveness of those
efforts.
``(G) Information on oversight mechanisms and
protections to ensure that activities and programs
undertaken pursuant to the strategy adhere to all
relevant constitutional, legal, and privacy
protections.
``(H) Departmental efforts to conduct oversight of
all countering violent extremism training and training
materials and other resources developed or funded by
the Department.
``(I) Departmental efforts to foster transparency
by making, to the extent practicable, all regulations,
guidance, documents, policies, and training materials
publicly available, including through any webpage
developed under subparagraph (E).
``(4) Strategic implementation plan.--
``(A) In general.--Not later than 90 days after the
date on which the Secretary submits the strategy
required under paragraph (1), the Secretary shall
submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
the Judiciary of the Senate, the Committee on Homeland
Security of the House of Representatives, and the
Committee on the Judiciary of the House of
Representatives an implementation plan for each of the
components and offices of the Department with
responsibilities under the strategy.
``(B) Contents.--The implementation plan required
under subparagraph (A) shall include an integrated
master schedule and cost estimate for activities and
programs contained in the implementation plan, with
specificity on how each such activity and program
aligns with near-term, mid-term, and long-term goals
specified in the strategy required under paragraph (1).
``(g) Annual Report.--Not later than April 1, 2017, and annually
thereafter, the Assistant Secretary shall submit to Congress an annual
report on the Office for Partnerships Against Violent Extremism, which
shall include the following:
``(1) A description of the status of the programs and
policies of the Department for countering violent extremism in
the United States.
``(2) A description of the efforts of the Office for
Partnerships Against Violent Extremism to cooperate with and
provide assistance to other Federal departments and agencies.
``(3) Qualitative and quantitative metrics for evaluating
the success of such programs and policies and the steps taken
to evaluate the success of such programs and policies.
``(4) An accounting of--
``(A) grants and cooperative agreements awarded by
the Department to counter violent extremism; and
``(B) all training specifically aimed at countering
violent extremism sponsored by the Department.
``(5) An analysis of how the Department's activities to
counter violent extremism correspond and adapt to the threat
environment.
``(6) A summary of how civil rights and civil liberties are
protected in the Department's activities to counter violent
extremism.
``(7) An evaluation of the use of section 2003 and section
2004 grants and cooperative agreements awarded to support
efforts of local communities in the United States to counter
violent extremism, including information on the effectiveness
of such grants and cooperative agreements in countering violent
extremism.
``(8) A description of how the Office for Partnerships
Against Violent Extremism incorporated lessons learned from the
countering violent extremism programs and policies of foreign,
State, local, tribal, and territorial governments and
stakeholder communities.
``(h) Annual Review.--Not later than 1 year after the date of
enactment of this section, and every year thereafter, the Office for
Civil Rights and Civil Liberties of the Department shall--
``(1) conduct a review of the Office for Partnerships
Against Violent Extremism activities to ensure that all of the
activities of the Office related to countering violent
extremism respect the privacy, civil rights, and civil
liberties of all persons; and
``(2) make publicly available on the website of the
Department a report containing the results of the review
conducted under paragraph (1).''; and
(2) in section 2008(b)(1)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(C) to support any organization or group which
has knowingly or recklessly funded domestic terrorism
or international terrorism (as those terms are defined
in section 2331 of title 18, United States Code) or
organization or group known to engage in or recruit to
such activities, as determined by the Assistant
Secretary for Partnerships Against Violent Extremism in
consultation with the Administrator and the heads of
other appropriate Federal departments and agencies.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2135), as amended by this Act, is amended by inserting after
the item relating to section 801 the following:
``Sec. 802. Office for Partnerships Against Violent Extremism.''.
(c) Sunset.--Effective on the date that is 7 years after the date
of enactment of this Act--
(1) section 802 of the Homeland Security Act of 2002, as
added by subsection (a), is repealed; and
(2) the table of contents in section 1(b) of the Homeland
Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is
amended by striking the item relating to section 802.
TITLE II--DEPARTMENT ACCOUNTABILITY, EFFICIENCY, AND WORKFORCE REFORMS
SEC. 201. DUPLICATION REVIEW.
(a) In General.--The Secretary shall--
(1) not later than 1 year after the date of enactment of
this Act, complete a review of the international affairs
offices, functions, and responsibilities of the Department to
identify and eliminate areas of unnecessary duplication; and
(2) not later than 30 days after the date on which the
Secretary completes the review under subparagraph (A) paragraph
(1), provide the results of the review to the congressional
homeland security committees.
(b) Report.--Not later than 1 year after the date of 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''.
(b)(c) Exclusion.--This subsection section shall not apply to
international activities related to the protective mission of the
United States Secret Service, or to the United States Coast Guard when
operating under the direct authority of the Secretary of Defense or the
Secretary of the Navy.
SEC. 202. INFORMATION TECHNOLOGY STRATEGIC PLAN.
(a) In General.--Section 703 of the Homeland Security Act of 2002
(6 U.S.C. 343) is amended by adding at the end the following:
``(c) Strategic Plans.--Consistent with the timing set forth in
section 306(a) of title 5, United States Code, and the requirements
under section 3506 of title 44, United States Code, the Chief
Information Officer shall develop, make public, and submit to the
congressional homeland security committees an information technology
strategic plan, which shall include how--
``(1) information technology will be leveraged to meet the
priority goals and strategic objectives of the Department;
``(2) the budget of the Department aligns with priorities
specified in the information technology strategic plan;
``(3) unnecessary unnecessarily duplicative, legacy, and
outdated information technology within and across the
Department will be identified and eliminated, and an estimated
date for the identification and elimination of duplicative
information technology within and across the Department;
``(4) the Chief Information Officer will coordinate with
components of the Department to ensure that information
technology policies are effectively and efficiently implemented
across the Department;
``(5) a list of information technology projects, including
completion dates, will be made available to the public and
Congress;
``(6) the Chief Information Officer will inform Congress of
high risk projects and cybersecurity risks; and
``(7) the Chief Information Officer plans to maximize the
use and purchase of commercial off-the-shelf information
technology products and services.''.
SEC. 203. SOFTWARE LICENSING.
(a) In General.--Section 703 of the Homeland Security Act of 2002
(6 U.S.C. 343), as amended by section 202 of this Act, is amended by
adding at the end the following:
``(d) Software Licensing.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, and every 2 years thereafter,
the Chief Information Officer, in consultation with Chief
Information Officers of components of the Department, 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 for
software licenses for the subsequent 2 fiscal years;
``(C) assess the actions that could be carried out
by the Department to achieve the greatest possible
economies of scale and cost savings in the procurement
of software licenses;
``(D) determine how the use of technological
advancements will impact the needs for software
licenses for the subsequent 2 fiscal years;
``(E) establish plans and estimated costs for
eliminating unutilized software licenses for the
subsequent 2 fiscal years; and
``(F) consult with the Federal Chief Information
Officer to identify best practices in the Federal
government Government for purchasing and maintaining
software licenses.
``(2) Excess software licensing.--
``(A) Plan to reduce software licenses.--If the
Chief Information Officer determines through the
inventory conducted under paragraph (1)(A) that the
number of software licenses held by the Department
exceed the needs of the Department as assessed under
paragraph (1)(B), 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 excess software
licenses.--
``(i) In general.--Except as provided in
clause (ii), upon completion of a plan
established under paragraph (1) subparagraph
(A), no additional budgetary resources may be
obligated for the procurement of additional
software licenses of the same types until such
time as the needs of the Department equals or
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) Submission to congress.--The Chief Information
Officer 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 a copy of
each inventory conducted under paragraph (1)(A), each plan
established under paragraph (2)(A), and each exception
exercised under paragraph (2)(B)(ii).''.
(b) GAO Review.--Not later than 1 year after the date on which the
results of the first inventory are submitted to Congress under
subsection 703(d) of the Homeland Security Act of 2002, as added by
subsection (a), the Comptroller General of the United States shall
assess whether the Department complied with the requirements under
paragraphs (1) and (2)(A) of such section 703(d) and provide the
results of the review to the congressional homeland security
committees.
SEC. 204. WORKFORCE STRATEGY.
Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 343) is
amended to read as follows:
<DELETED> (a) In General.--Section 704 of the Homeland Security Act
of 2002 (6 U.S.C. 343) is amended--</DELETED>
<DELETED> (1) by striking ``The Chief Human Capital
Officer'' and inserting the following:</DELETED>
<DELETED> ``(a) In General.--The Chief Human Capital Officer'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
``SEC. 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 for
Management.
``(b) Responsibilities.--In addition to the responsibilities set
forth in chapter 14 of title 5, United States Code, and other
applicable law, the Chief Human Capital Officer of the Department
shall--
``(1) develop and implement strategic workforce planning
policies that are consistent with Government-wide leading
principles and in line with Department strategic human capital
goals and priorities;
``(2) develop performance measures to provide a basis for
monitoring and evaluating Department-wide strategic workforce
planning efforts;
``(3) develop, improve, and implement policies, including
compensation flexibilities available to Federal agencies where
appropriate, to recruit, hire, train, and retain the workforce
of the Department, in coordination with all components of the
Department;
``(4) identify methods for managing and overseeing human
capital programs and initiatives, in coordination with the head
of each component of the Department;
``(5) develop a career path framework and create
opportunities for leader development in coordination with all
components of the Department;
``(6) lead the efforts of the Department for managing
employee resources, including training and development
opportunities, in coordination with each component of the
Department;
``(7) work to ensure the Department is implementing human
capital programs and initiatives and effectively educating each
component of the Department about these programs and
initiatives;
``(8) identify and eliminate unnecessary and duplicative
human capital policies and guidance;
``(9) provide input concerning the hiring and performance
of the Chief Human Capital Officer or comparable official in
each component of the Department; and
``(10) ensure that all employees of the Department are
informed of their rights and remedies under chapters 12 and 23
of title 5, United States Code.
``(b)(c) Component Strategies.--
``(1) In general.--Each component of the Department shall,
in coordination with the Chief Human Capital Officer of the
Department, develop a 5-year workforce strategy for the
component that will support the goals, objectives, and
performance measures of the Department for determining the
proper balance of Federal employees and private labor
resources.
``(2) Strategy requirements.--In developing the strategy
required under paragraph (1), each component shall consider the
effect on human resources 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 deficiency in critical skills required at
the Department, and the training or other measures
required to address those deficiencies in skills;
``(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.
``(c)(d) Annual Submission.--Not later than 90 days after the date
on which the Secretary submits the annual budget justification for the
Department, the Secretary shall submit to the congressional homeland
security committees a report that includes a table, delineated by
component with actual and enacted amounts, including--
``(1) information on the progress within the Department of
fulfilling the workforce strategies developed under subsection
(b) (c); and
``(2) the number of on-board staffing for Federal employees
from the prior fiscal year;
``(3) the total contract hours submitted by each prime
contractor as part of the service contract inventory required
under section 743 of the Financial Services and General
Government Appropriations Act, 2010 (division C of Public Law
111-117; 31 U.S.C. 501 note) with respect to--
``(A) support service contracts;
``(B) federally funded research and development
center contracts; and
``(C) science, engineering, technical, and
administrative contracts; and
``(4) the number of full-time equivalent personnel
identified under the Intergovernmental Personnel Act of 1970
(42 U.S.C. 4701 et seq.).''.
SEC. 205. WHISTLEBLOWER PROTECTIONS.
(a) In General.--Section 883 of the Homeland Security Act of 2002
(6 U.S.C. 463) is amended to read as follows:
``SEC. 883. WHISTLEBLOWER PROTECTIONS.
``(a) Definitions.--In this section--
``(1) the term `new employee' means an individual--
``(A) appointed to a position as an employee of the
Department on or after the date of enactment of the DHS
Accountability Act of 2016; and
``(B) who has not previously served as an employee
of the Department;
``(2) the term `prohibited personnel action' means taking
or failing to take an action in violation of paragraph (8) or
(9) of section 2302(b) of title 5, Untied United States Code,
against an employee of the Department;
``(3) the term `supervisor' means a supervisor, as defined
under section 7103(a) of title 5, United States Code, who is
employed by the Department; and
``(4) the term `whistleblower protections' means the
protections against and remedies for a prohibited personnel
practice described in paragraph (8) or subparagraph (A)(i),
(B), (C), or (D) of paragraph (9) of section 2302(b) of title
5, United States Code.
``(b) Adverse Actions.--
``(1) Proposed adverse actions.--In accordance with
paragraph (2), the Secretary shall propose against a supervisor
whom the Secretary, an administrative law judge, the Merit
Systems Protection Board, the Office of Special Counsel, an
adjudicating body provided under a union contract, a Federal
judge, or the Inspector General of the Department determines
committed a prohibited personnel action the following adverse
actions:
``(A) With respect to the first prohibited
personnel action, an adverse action that is not less
than a 12-day suspension.
``(B) With respect to the second prohibited
personnel action, removal.
``(2) Procedures.--
``(A) Notice.--A supervisor against whom an adverse
action under paragraph (1) is proposed is entitled to
written notice.
``(B) Answer and evidence.--
``(i) In general.--A supervisor who is
notified under subparagraph (A) that the
supervisor is the subject of a proposed adverse
action under paragraph (1) is entitled to 14
days following such notification to answer and
furnish evidence in support of the answer.
``(ii) No evidence.--After the end of the
14-day period described in clause (i), if a
supervisor does not furnish evidence as
described in clause (i) or if the Secretary
determines that such evidence is not sufficient
to reverse the proposed adverse action, the
Secretary shall carry out the adverse action.
``(C) Scope of procedures.--Paragraphs (1) and (2)
of subsection (b) and subsection (c) of section 7513 of
title 5, United States Code, and paragraphs (1) and (2)
of subsection (b) and subsection (c) of section 7543 of
title 5, United States Code, shall not apply with
respect to an adverse action carried out under this
subsection.
``(3) Limitation no limitation on other adverse actions.--
With respect to a prohibited personnel action, if the Secretary
carries out an adverse action against a supervisor under
another provision of law, the Secretary may carry out an
additional adverse action under this subsection based on the
same prohibited personnel action.
``(c) Training for Supervisors.--In consultation with the Special
Counsel and the Inspector General of the Department, the Secretary
shall provide training regarding how to respond to complaints alleging
a violation of whistleblower protections available to employees of the
Department--
``(1) to employees appointed to supervisory positions in
the Department who have not previously served as a supervisor;
and
``(2) on an annual basis, to all employees of the
Department serving in a supervisory position.
``(d) Information on Whistleblower Protections.--
``(1) Responsibilities of secretary.--The Secretary shall
be responsible for--
``(A) the prevention of prohibited personnel
practices;
``(B) the compliance with and enforcement of
applicable civil service laws, rules, and regulations
and other aspects of personnel management; and
``(C) ensuring (in consultation with the Special
Counsel and the Inspector General of the Department)
that employees of the Department are informed of the
rights and remedies available to them under chapters 12
and 23 of title 5, United States Code, including--
``(i) information regarding whistleblower
protections available to new employees during
the probationary period;
``(ii) the role of the Office of Special
Counsel and the Merit Systems Protection Board
with regard to whistleblower protections; and
``(iii) how to make a lawful disclosure of
information that is specifically required by
law or Executive order to be kept classified in
the interest of national defense or the conduct
of foreign affairs to the Special Counsel, the
Inspector General of the Department, Congress,
or other Department employee designated to
receive such disclosures.
``(2) Timing.--The Secretary shall ensure that the
information required to be provided under paragraph (1) is
provided to each new employee of the Department not later than
6 months after the date the new employee is appointed.
``(3) Information online.--The Secretary shall make
available information regarding whistleblower protections
applicable to employees of the Department on the public website
of the Department, and on any online portal that is made
available only to employees of the Department.
``(4) Delegees.--Any employee to whom the Secretary
delegates authority for personnel management, or for any aspect
thereof, shall, within the limits of the scope of the
delegation, be responsible for the activities described in
paragraph (1).
``(e) Rules of Construction.--Nothing in this section shall be
construed to exempt the Department from requirements applicable with
respect to executive agencies--
``(1) to provide equal employment protection for employees
of the Department (including pursuant to section 2302(b)(1) of
title 5, United States Code, and the Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002 (5
U.S.C. 2301 note)); or
``(2) to provide whistleblower protections for employees of
the Department (including pursuant to paragraphs (8) and (9) of
section 2302(b) of title 5, United States Code, and the
Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 (5 U.S.C. 2301 note)).''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2135), as amended by this Act, is amended by striking the
item relating to section 883 and inserting the following:
``Sec. 883. Whistleblower protections.''.
SEC. 206. COST SAVINGS AND EFFICIENCY REVIEWS.
Not later than 2 years after the date of enactment of this Act, the
Secretary, acting through the Under Secretary for Management, shall
submit to the congressional homeland security committees a report,
which may include a classified or other appropriately controlled 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 not publicly releasable, that--
(1) provides a detailed accounting of the management and
administrative expenditures and activities of each component of
the Department and identifies potential cost savings,
avoidances, and efficiencies for those expenditures and
activities;
(2) examines major physical assets of the Department, as
defined by the Secretary;
(3) reviews the size, experience level, and geographic
distribution of the operational personnel of the Department;
and
(4) makes 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.; and
(5) examines--
(A) how employees who carry out management and
administrative functions at Department headquarters
coordinate with employees who carry out similar
functions at--
(i) each component of the Department;
(ii) the Office of Personnel Management;
and
(iii) the General Services Administration;
and
(B) whether any unnecessary duplication, overlap,
or fragmentation exists with respect to those
functions.
SEC. 207. ABOLISHMENT OF CERTAIN OFFICES.
(a) Abolishment of the Director of Shared Services.--The position
of Director of Shared Services in the Department is abolished.
(b) Abolishment of the Office Of the Director of Counternarcotics
Enforcement.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)
is amended--
(1) in section 843(b)(1)(B) (6 U.S.C. 413(b)(1)(B)), by
striking ``by--'' and all that follows through the end and
inserting ``by the Secretary; and'';
(2) by repealing section 878 (6 U.S.C. 458); and
(3) in the table of contents in section 1(b) (Public Law
107-296; 116 Stat. 2135), by striking the item relating to
section 878.
<DELETED> (1) Abolishment.--The Office of the Director of
Counternarcotics Enforcement in the Department is
abolished.</DELETED>
<DELETED> (2) Technical and conforming amendment.--Section
843(b)(1)(B) of the Homeland Security Act of 2002 (6 U.S.C.
413(b)(1)(B)) is amended by striking ``by--'' and all that
follows through the end and inserting ``by the Secretary;
and''.</DELETED>
TITLE III--DEPARTMENT TRANSPARENCY AND ASSESSMENTS
SEC. 301. HOMELAND SECURITY STATISTICS AND METRICS.
<DELETED> (a) In General.--Section 701 of the Homeland Security Act
of 2002 (6 U.S.C. 341) is amended by striking subsection (b) and
inserting the following:</DELETED>
<DELETED> ``(b) Homeland Security Statistics and Joint Analysis.--
</DELETED>
<DELETED> ``(1) Homeland security statistics.--The Under
Secretary for Management shall--</DELETED>
<DELETED> ``(A) establish standards of reliability
and validity for statistical data collected and
analyzed by the Department;</DELETED>
<DELETED> ``(B) be provided with statistical data
maintained by the Department regarding the operations
of the Department;</DELETED>
<DELETED> ``(C) conduct or oversee analysis and
reporting of such data by the Department as required by
law or directed by the Secretary; and</DELETED>
<DELETED> ``(D) ensure the accuracy of metrics and
statistical data provided to Congress.</DELETED>
<DELETED> ``(2) Transfer of responsibilities.--There shall
be transferred to the Under Secretary for Management the
maintenance of all immigration statistical information of U.S.
Customs and Border Protection and U.S. Citizenship and
Immigration Services, which shall include information and
statistics of the type contained in the publication entitled
`Yearbook of Immigration Statistics' prepared by the Office of
Immigration Statistics, including region-by-region statistics
on the aggregate number of applications and petitions filed by
an alien (or filed on behalf of an alien) and denied, and the
reasons for such denials, disaggregated by category of denial
and application or petition type.''.</DELETED>
(b)(a) Immigration Functions.--Section 478(a) of the Homeland
Security Act of 2002 (6 U.S.C. 298(a)) is amended--
(1) in paragraph (1), by striking ``to the Committees on
the Judiciary and Government Reform of the House of
Representatives, and to the Committees on the Judiciary and
Government Affairs of the Senate,'' and inserting ``the
Committee on the Judiciary of the Senate, the Committee on the
Judiciary of the House of Representatives, and the
congressional homeland security committees''; and
(2) in paragraph (2), by adding at the end the following:
``(I) The number of persons known to have
overstayed the terms of their visa, by visa type.
``(J) An estimated percentage of persons believed
to have overstayed their visa, by visa type.
``(K) A description of immigration enforcement
actions.''.
(c)(b) Border Security Metrics.--
(1) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(ii) the Committee on Homeland Security of
the House of Representatives;
(iii) the Committee on the Judiciary of the
Senate; and
(iv) the Committee on the Judiciary of the
House of Representatives.
(B) Consequence delivery system.--The term
``Consequence Delivery System'' means the series of
consequences applied by the Border Patrol to persons
unlawfully entering the United States to prevent
unlawful border crossing recidivism.
(C) Got away.--The term ``got away'' means an
unlawful border crosser who--
(i) is directly or indirectly observed
making an unlawful entry into the United
States; and
(ii) is not a turn back and is not
apprehended.
(D) Known migrant flow.--The term ``known migrant
flow'' means the sum of the number of undocumented
migrants--
(i) interdicted at sea;
(ii) identified at sea, but not
interdicted;
(iii) that successfully entered the United
States through the maritime border; or
(iv) not described in clause (i), (ii), or
(iii), which were otherwise reported, with a
significant degree of certainty, as having
entered, or attempted to enter, the United
States through the maritime border.
(E) Major violator.--The term ``major violator''
means a person or entity that has engaged in serious
criminal activities at any land, air, or sea port of
entry, including--
(i) possession of illicit drugs;
(ii) smuggling of prohibited products;
(iii) human smuggling;
(iv) weapons possession;
(v) use of fraudulent United States
documents; or
(vi) other offenses that are serious enough
to result in arrest.
(F) Situational awareness.--The term ``situational
awareness'' means knowledge and unified understanding
of current unlawful cross-border activity, including--
(i) threats and trends concerning illicit
trafficking and unlawful crossings;
(ii) the ability to forecast future shifts
in such threats and trends;
(iii) the ability to evaluate such threats
and trends at a level sufficient to create
actionable plans; and
(iv) the operational capability to conduct
persistent and integrated surveillance of the
international borders of the United States.
(G) Transit zone.--The term ``transit zone'' means
the sea corridors of the western Atlantic Ocean, the
Gulf of Mexico, the Caribbean Sea, and the eastern
Pacific Ocean through which undocumented migrants and
illicit drugs transit, either directly or indirectly,
to the United States.
(H) Turn back.--The term ``turn back'' means an
unlawful border crosser who, after making an unlawful
entry into the United States, promptly returns to the
country from which such crosser entered.
(I) Unlawful border crossing effectiveness rate.--
The term ``unlawful border crossing effectiveness
rate'' means the percentage that results from
dividing--
(i) the number of apprehensions and turn
backs; and
(ii) the number of apprehensions, estimated
unlawful entries, turn backs, and got aways.
(J) Unlawful entry.--The term ``unlawful entry''
means an unlawful border crosser who enters the United
States and is not apprehended by a border security
component of the Department.
(2) Metrics for securing the border between ports of
entry.--
(A) In general.--Not later than 120 days after the
date of enactment of this Act, the Secretary shall
develop metrics, informed by situational awareness, to
measure the effectiveness of security between ports of
entry. The Secretary shall annually implement the
metrics developed under this subsection subparagraph,
which shall include--
(i) estimates, using alternative
methodologies, including recidivism data,
survey data, known-flow data, and
technologically measured data, of--
(I) total attempted unlawful border
crossings;
(II) the rate of apprehension of
attempted unlawful border crossers; and
(III) the number of unlawful
entries;
(ii) a situational awareness achievement
metric, which measures situational awareness
achieved in each Border Patrol sector;
(iii) an unlawful border crossing
effectiveness rate;
(iv) a probability of detection, which
compares the estimated total unlawful border
crossing attempts not detected by the Border
Patrol to the unlawful border crossing
effectiveness rate, as informed by clause (i);
(v) an illicit drugs seizure rate for drugs
seized by the Border Patrol, which compares the
ratio of the amount and type of illicit drugs
seized by the Border Patrol in any fiscal year
to the average of the amount and type of
illicit drugs seized by the Border Patrol in
the immediately preceding 5 fiscal years;
(vi) a weight-to-frequency rate, which
compares the average weight of marijuana seized
per seizure by the Border Patrol in any fiscal
year to such weight-to-frequency rate for the
immediately preceding 5 fiscal years;
(vii) estimates of the impact of the
Consequence Delivery System on the rate of
recidivism of unlawful border crossers over
multiple fiscal years; and
(viii) an examination of each consequence
referred to in clause (vii), including--
(I) voluntary return;
(II) warrant of arrest or notice to
appear;
(III) expedited removal;
(IV) reinstatement of removal;
(V) alien transfer exit program;
(VI) Operation Streamline;
(VII) standard prosecution; and
(VIII) Operation Against Smugglers
Initiative on Safety and Security.
(B) Metrics consultation.--In developing the
metrics required under subparagraph (A), the Secretary
shall--
(i) consult with the appropriate components
of the Department; and
(ii) as appropriate, work with other
agencies, including the Office of Refugee
Resettlement of the Department of Health and
Human Services and the Executive Office for
Immigration Review of the Department of
Justice, to ensure that authoritative data
sources are utilized.
(C) Manner of collection.--The data used by the
Secretary shall be collected and reported in a
consistent and standardized manner across all Border
Patrol sectors, informed by situational awareness.
(3) Metrics for securing the border at ports of entry.--
(A) In general.--Not later than 120 days after the
date of enactment of this Act, the Secretary shall
develop metrics, informed by situational awareness, to
measure the effectiveness of security at ports of
entry. The Secretary shall annually implement the
metrics developed under this subsection subparagraph,
which shall include--
(i) estimates, using alternative
methodologies, including survey data and
randomized secondary screening data, of--
(I) total attempted inadmissible
border crossings;
(II) the rate of apprehension of
attempted inadmissible border
crossings; and
(III) the number of unlawful
entries;
(ii) the amount and type of illicit drugs
seized by the Office of Field Operations of
U.S. Customs and Border Protection at United
States land, air, and sea ports during the
previous fiscal year;
(iii) an illicit drugs seizure rate for
drugs seized by the Office of Field Operations,
which compares the ratio of the amount and type
of illicit drugs seized by the Office of Field
Operations in any fiscal year to the average of
the amount and type of illicit drugs seized by
the Office of Field Operations in the
immediately preceding 5 fiscal years;
(iv) in consultation with the Office of
National Drug Control Policy and the United
States Southern Command, a cocaine seizure
effectiveness rate, which is the percentage
resulting from dividing--
(I) the amount of cocaine seized by
the Office of Field Operations; and
(II) the total estimated cocaine
flow rate at ports of entry along the
land border;
(v) the number of infractions related to
travelers and cargo committed by major
violators who are apprehended by the Office of
Field Operations at ports of entry, and the
estimated number of such infractions committed
by major violators who are not apprehended;
(vi) a measurement of how border security
operations affect crossing times, including--
(I) a wait time ratio that compares
the average wait times to total
commercial and private vehicular
traffic volumes at each port of entry;
(II) an infrastructure capacity
utilization rate that measures traffic
volume against the physical and
staffing capacity at each port of
entry;
(III) a secondary examination rate
that measures the frequency of
secondary examinations at each port of
entry; and
(IV) an enforcement rate that
measures the effectiveness of secondary
examinations at detecting major
violators; and
(vii) a cargo scanning rate that includes--
(I) a comparison of the number of
high-risk cargo containers scanned by
the Office of Field Operations at each
United States seaport during the fiscal
year to the total number of high-risk
cargo containers entering the United
States at each seaport during the
previous fiscal year;
(II) the percentage of all cargo
that is considered ``high-risk'' cargo;
and
(III) the percentage of high-risk
cargo scanned--
(aa) upon arrival at a
United States seaport before
entering United States
commerce; and
(bb) before being laden on
a vessel destined for the
United States.
(B) Metrics consultation.--In developing the
metrics required under subparagraph (A), the Secretary
shall--
(i) consult with the appropriate components
of the Department; and
(ii) as appropriate, work with other
agencies, including the Office of Refugee
Resettlement of the Department of Health and
Human Services and the Executive Office for
Immigration Review of the Department of
Justice, to ensure that authoritative data
sources are utilized.
(C) Manner of collection.--The data used by the
Secretary shall be collected and reported in a
consistent and standardized manner across all field
offices, informed by situational awareness.
(4) Metrics for securing the maritime border.--
(A) In general.--Not later than 120 days after the
date of enactment of this Act, the Secretary shall
develop metrics, informed by situational awareness, to
measure the effectiveness of security in the maritime
environment. The Secretary shall annually implement the
metrics developed under this subsection subparagraph,
which shall include--
(i) situational awareness achieved in the
maritime environment;
(ii) an undocumented migrant interdiction
rate, which compares the migrants interdicted
at sea to the total known migrant flow;
(iii) an illicit drugs removal rate, for
drugs removed inside and outside of a transit
zone, which compares the amount and type of
illicit drugs removed, including drugs
abandoned at sea, by the Department's maritime
security components in any fiscal year to the
average of the amount and type of illicit drugs
removed by the Department's maritime components
for in the immediately preceding 5 fiscal
years;
(iv) in consultation with the Office of
National Drug Control Policy and the United
States Southern Command, a cocaine removal
effectiveness rate, for cocaine removed inside
a transit zone and outside a transit zone;,
which compares the amount of cocaine removed by
the Department's maritime security components
by the total documented cocaine flow rate, as
contained in Federal drug databases;
(v) a response rate, which compares the
ability of the maritime security components of
the Department to respond to and resolve known
maritime threats, whether inside and or outside
a transit zone, by placing assets on-scene, to
the total number of events with respect to
which the Department has known threat
information; and
(vi) an intergovernmental response rate,
which compares the ability of the maritime
security components of the Department or other
United States Government entities to respond to
and resolve actionable maritime threats,
whether inside or outside the Western
Hemisphere transit zone, by targeting maritime
threats in order to detect them, and of those
threats detected, the total number of maritime
threats interdicted or disrupted.
(B) Metrics consultation.--In developing the
metrics required under subparagraph (A), the Secretary
shall--
(i) consult with the appropriate components
of the Department; and
(ii) as appropriate, work with other
agencies, including the Drug Enforcement
Agency, the Department of Defense, and the
Department of Justice, to ensure that
authoritative data sources are utilized.
(C) Manner of collection.--The data used by the
Secretary shall be collected and reported in a
consistent and standardized manner, informed by
situational awareness.
(5) Air and marine security metrics in the land domain.--
(A) In general.--Not later than 120 days after the
date of enactment of this Act, the Secretary shall
develop metrics, informed by situational awareness, to
measure the effectiveness of the aviation assets and
operations of the Office of Air and Marine of U.S.
Customs and Border Enforcement. The Secretary shall
annually implement the metrics developed under this
subsection subparagraph, which shall include--
(i) an effectiveness rate, which compares
Office of Air and Marine flight hours
requirements to the number of flight hours
flown by such Office;
(ii) a funded flight hour effectiveness
rate, which compares the number of funded
flight hours appropriated to the Office of Air
and Marine to the number of actual flight hours
flown by such Office;
(iii) a readiness rate, which compares the
number of aviation missions flown by the Office
of Air and Marine to the number of aviation
missions cancelled by such Office due to
maintenance, operations, or other causes;
(iv) the number of missions cancelled by
such Office due to weather compared to the
total planned missions;
(v) the number of subjects detected by the
Office of Air and Marine through the use of
unmanned aerial systems and manned aircrafts;
(vi) the number of apprehensions assisted
by the Office of Air and Marine through the use
of unmanned aerial systems and manned
aircrafts;
(vii) the number and quantity of illicit
drug seizures assisted by the Office of Air and
Marine through the use of unmanned aerial
systems and manned aircrafts; and
(viii) the number of times that usable
intelligence related to border security was
obtained through the use of unmanned aerial
systems and manned aircraft.
(B) Metrics consultation.--In developing the
metrics required under subparagraph (A), the Secretary
shall--
(i) consult with the appropriate components
of the Department; and
(ii) as appropriate, work with other
agencies, including the Department of Justice,
to ensure that authoritative data sources are
utilized.
(C) Manner of collection.--The data used by the
Secretary shall be collected and reported in a
consistent and standardized manner, informed by
situational awareness.
(c) Data Transparency.--The Secretary shall--
(1) in accordance with applicable privacy laws, make data
related to apprehensions, inadmissible aliens, drug seizures,
and other enforcement actions available to the public, academic
research communities, and law enforcement communities; and
(2) provide the Office of Immigration Statistics of the
Department with unfettered access to the data described in
paragraph (1).
(d) Evaluation by the Government Accountability Office and the
Secretary of Homeland Security.--
(1) Metrics report.--
(A) Mandatory disclosures.--The Secretary shall
submit an annual report containing the metrics required
under paragraphs (2) through (5) of subsection (c) (b)
and the data and methodology used to develop such
metrics to--
(i) the appropriate congressional
committees; and
(ii) the Comptroller General of the United
States.
(B) Permissible disclosures.--The Secretary, for
the purpose of validation and verification, may submit
the annual report described in subparagraph (A) to--
(i) the National Center for Border Security
and Immigration;
(ii) the head of a national laboratory
within the Department laboratory network with
prior expertise in border security; and
(C)(iii) a Federally Funded Research and
Development Center sponsored by the Department.
(2) GAO report.--Not later than 270 days after receiving
the first report under paragraph (1)(A), and biennially
thereafter for the following 10 years, the Comptroller General
of the United States, shall submit a report to the appropriate
congressional committees that--
(A) analyzes the suitability and statistical
validity of the data and methodology contained in such
the report submitted under paragraph (1)(A); and
(B) includes recommendations to Congress on--
(i) the feasibility of other suitable
metrics that may be used to measure the
effectiveness of border security; and
(ii) improvements that need to be made to
the metrics being used to measure the
effectiveness of border security.
(3) State of the border report.--Not later than 60 days
after the end of each fiscal year through fiscal year 2025, the
Secretary shall submit a ``State of the Border'' report to the
appropriate congressional committees that--
(A) provides trends for each metric under
paragraphs (2) through (5) of subsection (c) (b) for
the last 10 years, to the extent possible;
(B) provides selected analysis into related aspects
of illegal flow rates, including legal flows and stock
estimation techniques; and
(C) includes any other information that the
Secretary determines appropriate.
(4) Metrics update.--
(A) In general.--After submitting the final report
to the Comptroller General under paragraph (1), the
Secretary may reevaluate and update any of the metrics
required under paragraphs (2) through (5) of subsection
(c) (b) to ensure that such metrics--
(i) meet the Department's performance
management needs; and
(ii) are suitable to measure the
effectiveness of border security.
(B) Congressional notification.--Not later than 30
days before updating the metrics under subparagraph
(A), the Secretary shall notify the appropriate
congressional committees of such updates.
SEC. 302. ANNUAL HOMELAND SECURITY ASSESSMENT.
(a) In General.--Subtitle A of Ttitle II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
following:
<DELETED>``SEC. 210G. ANNUAL HOMELAND SECURITY ASSESSMENT.</DELETED>
<DELETED> ``(a) Department Annual Assessment.--</DELETED>
<DELETED> ``(1) In general.--Not later than March 31 of each
year beginning in the year after the date of enactment of this
section, and each year thereafter for 7 years, the Under
Secretary for Intelligence and Analysis shall prepare and
submit to the congressional homeland security committees a
report assessing the current threats to homeland security and
the capability gaps in homeland security defenses to address
such threats.</DELETED>
<DELETED> ``(2) Form of report.--In carrying out paragraph
(1), the Under Secretary for Intelligence and Analysis shall
submit an unclassified report, and as necessary, a classified
annex.</DELETED>
<DELETED> ``(b) Office of Inspector General Annual Assessment.--Not
later than 90 days after the date on which a report required under
subsection (a) is submitted to the congressional homeland security
committees, the Inspector General of the Department shall prepare and
submit to the congressional homeland security committees a report,
which shall include an assessment of the capability gaps in homeland
security defenses and recommendations for actions to mitigate those
gaps.</DELETED>
<DELETED> ``(c) Mitigation Plan.--Not later than 90 days after the
date on which a report required under subsection (b) is submitted to
the congressional homeland security committees, the Secretary shall
submit to the congressional homeland security committees a plan to
mitigate the threats to homeland security and vulnerabilities in
homeland security defenses identified in those reports.</DELETED>
``SEC. 210G. ANNUAL HOMELAND SECURITY ASSESSMENT.
``(a) Department Annual Assessment.--
``(1) In general.--Not later than March 31 of each year
beginning in the year after the date of enactment of this
section, and each year thereafter for 7 years, the Under
Secretary for Intelligence and Analysis shall prepare and
submit to the congressional homeland security committees a
report assessing the current threats to homeland security and
the capability of the Department to address those threats.
``(2) Form of report.--In carrying out paragraph (1), the
Under Secretary for Intelligence and Analysis shall submit an
unclassified report, and as necessary, a classified annex.
``(b) Office of Inspector General Annual Assessment.--Not later
than 90 days after the date on which a report required under subsection
(a) is submitted to the congressional homeland security committees, the
Inspector General of the Department shall prepare and submit to the
congressional homeland security committees a report, which shall
include an assessment of the capability of the Department to address
the threats identified in the report required under subsection (a) and
recommendations for actions to mitigate those threats.
``(c) Mitigation Plan.--Not later than 90 days after the date on
which a report required under subsection (b) is submitted to the
congressional homeland security committees, the Secretary shall submit
to the congressional homeland security committees a plan to mitigate
the threats to homeland security identified in the report.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2135), as amended by this Act, is amended by inserting after
the item relating to section 210F the following:
``Sec. 210G. Annual homeland security assessment.''.
SEC. 303. DEPARTMENT TRANSPARENCY.
(a) Feasibility Study.--The Administrator of the Federal Emergency
Management Agency shall initiate a study to determine the feasibility
of gathering data and providing information to Congress on the use of
Federal grant awards, for expenditures of more than $5,000, by entities
that receive a Federal grant award under the Urban Area Security
Initiative and the State Homeland Security Grant Program under sections
2003 and 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and
605), respectively.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator of the Federal Emergency Management Agency
shall submit to the congressional homeland security committee s a
report on the results of the study required under subsection (a).
SEC. 304. TRANSPARENCY IN RESEARCH AND DEVELOPMENT.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following:
``SEC. 319. TRANSPARENCY IN RESEARCH AND DEVELOPMENT.
``(a) Requirement To Publicly List Unclassified Research &
Development Programs.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall maintain a detailed list, accessible on the
website of the Department, of--
``(A) each research and development project that is
not classified, and all appropriate details for each
such project, including the component of the Department
responsible for the project;
``(B) each task order for a Federally Funded
Research and Development Center not associated with a
research and development project; and
``(C) each task order for a University-based center
of excellence not associated with a research and
development project.
``(2) Exceptions.--
``(A) Operational security.--The Secretary, or a
designee of the Secretary with the rank of Assistant
Secretary or above, may exclude a project from the list
required under paragraph (1) if the Secretary or such
designee provides to the appropriate congressional
committees--
``(i) the information that would otherwise
be required to be publicly posted under
paragraph (1); and
``(ii) a written certification that--
``(I) the information that would
otherwise be required to be publicly
posted under paragraph (1) is
controlled unclassified information,
the public dissemination of which would
jeopardize operational security; and
``(II) the publicly posted list
under paragraph (1) includes as much
information about the program as is
feasible without jeopardizing
operational security.
``(B) Completed projects.--Paragraph (1) shall not
apply to a project completed or otherwise terminated
before the date of enactment of this section.
``(3) Deadline and updates.--The list required under
paragraph (1) shall be--
``(A) made publicly accessible on the website of
the Department not later than 1 year after the date of
enactment of this section; and
``(B) updated as frequently as possible, but not
less frequently than once per quarter.
``(4) Definition of research and development.--For purposes
of the list required under paragraph (1), the Secretary shall
publish a definition for the term `research and development' on
the website of the Department.
``(b) Requirement To Report to Congress on Classified Projects.--
Not later than January 1, 2017, and annually thereafter, the Secretary
shall submit to the appropriate congressional committees a report that
lists each ongoing classified project at the Department, including all
appropriate details of each such project.
``(c) Indicators of Success of Transitioned Projects.--
``(1) In general.--For each project that has been
transitioned from research and development to practice, the
Under Secretary of for Science and Technology shall develop and
track indicators to demonstrate the uptake of the technology or
project among customers or end-users.
``(2) Requirement.--To the fullest extent possible, the
tracking of a project required under paragraph (1) shall
continue for the 3-year period beginning on the date on which
the project was transitioned from research and development to
practice.
``(3) Indicators.--The indicators developed and tracked
under this subsection shall be included in the list required
under subsection (a).
``(d) Definitions.--In this section:
``(1) All appropriate details.--The term `all appropriate
details' means--
``(A) the name of the project, including both
classified and unclassified names if applicable;
``(B) the name of the component carrying out the
project;
``(C) an abstract or summary of the project;
``(D) funding levels for the project;
``(E) project duration or timeline;
``(F) the name of each contractor, grantee, or
cooperative agreement partner involved in the project;
``(G) expected objectives and milestones for the
project; and
``(H) to the maximum extent practicable, relevant
literature and patents that are associated with the
project.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(B) the Committee on Homeland Security of the
House of Representatives; and
``(C) the Committee on Oversight and Government
Reform of House of Representatives.
``(3) Classified.--The term `classified' means anything
containing--
``(A) classified national security information as
defined in section 6.1 of Executive Order 13526 (50
U.S.C. 3161 note) or any successor order;
``(B) Restricted Data or data that was formerly
Restricted Data, as defined in section 11y. of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(y));
``(C) material classified at the Sensitive
Compartmented Information (SCI) level as defined in
section 309 of the Intelligence Authorization Act for
Fiscal Year 2001 (50 U.S.C. 3345); or
``(D) information relating to a special access
program, as defined in section 6.1 of Executive Order
13526 (50 U.S.C. 3161 note) or any successor order.
``(4) Controlled unclassified information.--The term
`controlled unclassified information' means information
described as `Controlled Unclassified Information' under
Executive Order 13556 (50 U.S.C. 3501 note) or any successor
order.
``(5) Project.--The term `project' means a research or
development project, program, or activity administered by the
Department, whether ongoing, completed, or otherwise
terminated.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2135) is amended by inserting after the item relating to
section 318 the following:
``Sec. 319. Transparency in research and development.''.
SEC. 305. REPORTING ON NATIONAL BIO AND AGRO-DEFENSE FACILITY.
(a) In General.--Section 310 of the Homeland Security Act of 2002
(6 U.S.C. 190) is amended by adding at the end the following:
``(e) Successor Facility.--The National Bio and Agro-Defense
Facility, the planned successor facility to the Plum Island Animal
Disease Center as of the date of enactment of this subsection, shall be
subject to the requirements under subsections (b), (c), and (d) in the
same manner and to the same extent as the Plum Island Animal Disease
Center.
``(f) Construction of the National Bio and Agro-Defense Facility.--
``(1) Report required.--Not later than September 30, 2016,
and not less frequently than twice each year thereafter, the
Secretary of Homeland Security and the Secretary of Agriculture
shall submit to the congressional homeland security committees
a report on the National Bio and Agro-Defense Facility that
includes--
``(A) a review of the status of the construction of
the National Bio and Agro-Defense Facility, including--
``(i) current cost and schedule estimates;
``(ii) any revisions to previous estimates
described in clause (i); and
``(iii) total obligations to date;
``(B) a description of activities carried out to
prepare for the transfer of research to the facility
and the activation of that research; and
``(C) a description of activities that have
occurred to decommission the Plum Island Animal Disease
Center.
``(2) Sunset.--The reporting requirement under paragraph
(1) shall terminate on the date that is 1 year after the date
on which the Secretary of Homeland Security certifies to the
congressional homeland security committees that construction of
the National Bio and Agro-Defense Facility has been
completed.''.
(b) Review.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall initiate a
review of and submit to Congress a report on the construction and
future planning of the National Bio and Agro-Defense Facility, which
shall include--
(1) the extent to which cost and schedule estimates for the
project conform to capital planning leading practices as
determined by the Comptroller General;
(2) the extent to which the project's planning, budgeting,
acquisition, and proposed management in use conform to capital
planning leading practices as determined by the Comptroller
General; and
(3) the extent to which disposal of the Plum Island Animal
Disease Center conforms to capital planning leading practices
as determined by the Comptroller General.
SEC. 306. INSPECTOR GENERAL OVERSIGHT OF SUSPENSION AND DEBARMENT.
Not later than 3 years after the date of enactment of this Act, the
Inspector General of the Department shall--
(1) audit the award of grants and procurement contracts to
identify--
(A) instances in which a grant or contract was
improperly awarded to a suspended or debarred entity;
and
(B) whether corrective actions were taken following
such instances to prevent recurrence; and
(2) review the suspension and debarment program throughout
the Department to assess whether--
(A) suspension and debarment criteria are
consistently applied throughout the Department; and
(B) disparities exist in the application of the
criteria, particularly with respect to business size
and category.
SEC. 307. 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:
``(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 4 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 5-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) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2135), as amended by this Act, is amended by striking the
item relating to section 874 and inserting the following:
``Sec. 874. Future Years Homeland Security Program.''.
(c) Effective Date.--The amendments made by subsection (a) shall
apply with respect to each fiscal year beginning after the date of
enactment of this Act.
SEC. 308. 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 (b)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) in paragraph (6), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(7) review available capabilities and capacities across
the homeland security enterprise and identify redundant,
wasteful, or unnecessary capabilities and capacities from which
resources can be redirected to better support other existing
capabilities and capacities.''; and
(2) in subsection (c)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--Not later than 60 days after the date on
which the budget of the President is submitted to Congress
under section 1105 of title 31, United States Code, for the
fiscal year after the fiscal year in which a quadrennial
homeland security review is conducted under subsection (a)(1),
the Secretary shall submit to Congress a report on the
quadrennial homeland security review.''; and
(B) in paragraph (2)--
(i) in subparagraph (H), by striking
``and'' at the end;
(ii) by redesignating subparagraph (I) as
subparagraph (L); and
(iii) 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, territories,
and private entities, and of individuals, families, and
communities;
``(J) proposed changes to the authorities,
organization, governance structure, or business
processes (including acquisition processes) of the
Department in order to better fulfil responsibilities
of the Department;
``(K) if appropriate, a classified or other
appropriately controlled document containing any
information required to be submitted under this
paragraph that is restricted from public disclosure in
accordance with Federal law, including information that
is not publicly releasable; and''.
SEC. 309. REPORTING REDUCTION.
<DELETED> (a) Office of Counternarcotics Annual Budget Review and
Evaluation of Counternarcotics Activities Report.--Section 878 of the
Homeland Security Act of 2002 (6 U.S.C. 458) is amended by striking
subsection (f).</DELETED>
(b)(a) Office of Counternarcotics Seizure Report.--Section 705(a)
of the Office of National Drug Control Policy Reauthorization Act of
1998 (21 U.S.C. 1704(a)) is amended by striking paragraph (3).
(c)(b) Annual Report on Activities of the National Nuclear
Detection Office.--Section 1902(a)(13) of the Homeland Security Act of
2002 (6 U.S.C. 592(a)(13)) is amended by striking ``an annual'' and
inserting ``a biennial''.
(d)(c) Joint Annual Interagency Review of Global Nuclear Detection
Architecture.--Section 1907 of the Homeland Security Act of 2002 (6
U.S.C. 596a) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking
``Annual'' and inserting ``Biennial'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``once each year--'' and
inserting ``once every other year--''; and
(ii) in subparagraph (C)--
(I) in clause (i), by striking
``the previous year'' and inserting
``the previous 2 years''; and
(II) in clause (iii), by striking
``the previous year.'' and inserting
``the previous 2 years.''; and
(C) in paragraph (2), by striking ``once each
year,'' and inserting ``once every other year,''; and
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Annual'' and inserting ``Biennial'';
(B) in paragraph (1), by striking ``of each year,''
and inserting ``of every other year,''; and
(C) in paragraph (2), by striking ``annual'' and
inserting ``biennial''.
SEC. 310. ADDITIONAL DEFINITIONS.
Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is
amended--
(1) by redesignating paragraphs (13) through (18) as
paragraphs (17) through (22), respectively;
(2) by redesignating paragraphs (9) through (12) as
paragraphs (12) through (15), respectively;
(3) by redesignating paragraphs (4) through (8) as
paragraphs (6) through (10), respectively;
(4) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively;
(5) by inserting before paragraph (1) the following:
``(1) The term `acquisition' has the meaning given the term
in section 131 of title 41, United States Code.'';
(6) in paragraph (3), as so redesignated--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following:
``(B) The term `congressional homeland security committees'
means--
``(i) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(ii) the Committee on Homeland Security of the
House of Representatives;
``(iii) the Subcommittee on Homeland Security
Subcommittee of the Committee on Appropriations of the
Senate; and
``(iv) the Subcommittee on Homeland Security
Subcommittee of the Committee on Appropriations of the
House of Representatives.'';
(7) by inserting after paragraph (4), as so redesignated,
the following:
``(5) 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) planning 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 capabilities into the mission and
business operations of the Department.'';
(8) by inserting after paragraph (10), as so redesignated,
the following:
``(11) The term `homeland security enterprise' means all
relevant governmental and non-governmental nongovernmental
entities involved in homeland security, including Federal,
State, local, tribal, and territorial government officials,
private sector representatives, academics, and other policy
experts.''; and
(9) by inserting after paragraph (15), as so redesignated,
the following:
``(16) The term `management integration and
transformation'--
``(A) means the development of consistent and
consolidated functions for information technology,
financial management, acquisition management, logistics
and material resource management, asset security, and
human capital management; and
``(B) includes governing processes and procedures,
management systems, personnel activities, budget and
resource planning, training, real estate management,
and provision of security, as they relate to functions
cited in subparagraph (A).''.
TITLE IV--MISCELLANEOUS
SEC. 401. ADMINISTRATIVE LEAVE.
(a) Short Title.--This section may be cited as the ``Administrative
Leave Act of 2016''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) agency use of administrative leave, and leave that is
referred to incorrectly as administrative leave in agency
recording practices, has exceeded reasonable amounts--
(A) in contravention of--
(i) established precedent of the
Comptroller General of the United States; and
(ii) guidance provided by the Office of
Personnel Management; and
(B) resulting in significant cost to the Federal
Government;
(2) administrative leave should be used sparingly;
(3) prior to the use of paid leave to address personnel
issues, an agency should consider other actions, including--
(A) temporary reassignment;
(B) transfer; and
(C) telework;
(4) an agency should prioritize and expeditiously conclude
an investigation in which an employee is placed in
administrative leave so that, not later than the conclusion of
the leave period--
(A) the employee is returned to duty status; or
(B) an appropriate personnel action is taken with
respect to the employee;
(5) data show that there are too many examples of employees
placed in administrative leave for 6 months or longer, leaving
the employees without any available recourse to--
(A) return to duty status; or
(B) challenge the decision of the agency;
(6) an agency should ensure accurate and consistent
recording of the use of administrative leave so that
administrative leave can be managed and overseen effectively;
and
(7) other forms of excused absence authorized by law should
be recorded separately from administrative leave, as defined by
the amendments made by this section.
(c) Administrative Leave.--
(1) In general.--Subchapter II of chapter 63 of title 5,
United States Code, is amended by adding at the end the
following:
``Sec. 6329a. Administrative leave
``(a) Definitions.--In this section--
``(1) the term `administrative leave' means leave--
``(A) without loss of or reduction in--
``(i) pay;
``(ii) leave to which an employee is
otherwise entitled under law; or
``(iii) credit for time or service; and
``(B) that is not authorized under any other
provision of law;
``(2) the term `agency'--
``(A) means an Executive agency (as defined in
section 105 of this title); and
``(B) does not include the Government
Accountability Office; and
``(3) the term `employee'--
``(A) has the meaning given the term in section
2105; and
``(B) does not include an intermittent employee who
does not have an established regular tour of duty
during the administrative workweek.
``(b) Administrative Leave.--
``(1) In general.--An agency may place an employee in
administrative leave for a period of not more than 5
consecutive days.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to limit the use of leave that is--
``(A) specifically authorized under law; and
``(B) not administrative leave.
``(3) Records.--An agency shall record administrative leave
separately from leave authorized under any other provision of
law.
``(c) Regulations.--
``(1) OPM regulations.--Not later than 1 year after the
date of enactment of this section, the Director of the Office
of Personnel Management shall--
``(A) prescribe regulations to carry out this
section; and
``(B) prescribe regulations that provide guidance
to agencies regarding--
``(i) acceptable agency uses of
administrative leave; and
``(ii) the proper recording of--
``(I) administrative leave; and
``(II) other leave authorized by
law.
``(2) Agency action.--Not later than 1 year after the date
on which the Director of the Office of Personnel Management
prescribes regulations under paragraph (1), each agency shall
revise and implement the internal policies of the agency to
meet the requirements of this section.
``(d) Relation to Other Laws.--Notwithstanding subsection (a) of
section 7421 of title 38, this section shall apply to an employee
described in subsection (b) of that section.''.
(2) OPM study.--Not later than 120 days after the date of
enactment of this Act, the Director of the Office of Personnel
Management, in consultation with Federal agencies, groups
representing Federal employees, and other relevant
stakeholders, shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Government Reform of the House of
Representatives a report identifying agency practices, as of
the date of enactment of this Act, of placing an employee in
administrative leave for more than 5 consecutive days when the
placement was not specifically authorized by law.
(3) Technical and conforming amendment.--The table of
sections for subchapter II of chapter 63 of title 5, United
States Code, is amended by inserting after the item relating to
section 6329 the following:
``6329a. Administrative leave.''.
(d) Investigative Leave and Notice Leave.--
(1) In general.--Subchapter II of chapter 63 of title 5,
United States Code, as amended by this section, is further
amended by adding at the end the following:
``Sec. 6329b. Investigative leave and notice leave
``(a) Definitions.--In this section--
``(1) the term `agency'--
``(A) means an Executive agency (as defined in
section 105 of this title); and
``(B) does not include the Government
Accountability Office;
``(2) the term `Chief Human Capital Officer' means--
``(A) the Chief Human Capital Officer of an agency
designated or appointed under section 1401; or
``(B) the equivalent;
``(3) the term `committees of jurisdiction', with respect
to an agency, means each committee in the Senate and House of
Representatives with jurisdiction over the agency;
``(4) the term `Director' means the Director of the Office
of Personnel Management;
``(5) the term `employee'--
``(A) has the meaning given the term in section
2105; and
``(B) does not include--
``(i) an intermittent employee who does not
have an established regular tour of duty during
the administrative workweek; or
``(ii) the Inspector General of an agency;
``(6) the term `investigative leave' means leave--
``(A) without loss of or reduction in--
``(i) pay;
``(ii) leave to which an employee is
otherwise entitled under law; or
``(iii) credit for time or service;
``(B) that is not authorized under any other
provision of law; and
``(C) in which an employee who is the subject of an
investigation is placed;
``(7) the term `notice leave' means leave--
``(A) without loss of or reduction in--
``(i) pay;
``(ii) leave to which an employee is
otherwise entitled under law; or
``(iii) credit for time or service;
``(B) that is not authorized under any other
provision of law; and
``(C) in which an employee who is in a notice
period is placed; and
``(8) the term `notice period' means a period beginning on
the date on which an employee is provided notice required under
law of a proposed adverse action against the employee and
ending on the date on which an agency may take the adverse
action.
``(b) Leave for Employees Under Investigation or in a Notice
Period.--
``(1) Authority.--An agency may, in accordance with
paragraph (2), place an employee in--
``(A) investigative leave if the employee is the
subject of an investigation;
``(B) notice leave if the employee is in a notice
period; or
``(C) notice leave following a placement in
investigative leave if, not later than the day after
the last day of the period of investigative leave--
``(i) the agency proposes or initiates an
adverse action against the employee; and
``(ii) the agency determines that the
employee continues to meet 1 or more of the
criteria described in subsection (c)(1).
``(2) Requirements.--An agency may place an employee in
leave under paragraph (1) only if the agency has--
``(A) made a determination with respect to the
employee under subsection (c)(1);
``(B) considered the available options for the
employee under subsection (c)(2); and
``(C) determined that none of the available options
under subsection (c)(2) is appropriate.
``(c) Employees Under Investigation or in a Notice Period.--
``(1) Determinations.--An agency may not place an employee
in investigative leave or notice leave under subsection (b)
unless the continued presence of the employee in the workplace
during an investigation of the employee or while the employee
is in a notice period, if applicable, may--
``(A) pose a threat to the employee or others;
``(B) result in the destruction of evidence
relevant to an investigation;
``(C) result in loss of or damage to Government
property; or
``(D) otherwise jeopardize legitimate Government
interests.
``(2) Available options for employees under investigation
or in a notice period.--After making a determination under
paragraph (1) with respect to an employee, and before placing
an employee in investigative leave or notice leave under
subsection (b), an agency shall consider taking 1 or more of
the following actions:
``(A) Assigning the employee to duties in which the
employee is no longer a threat to--
``(i) safety;
``(ii) the mission of the agency;
``(iii) Government property; or
``(iv) evidence relevant to an
investigation.
``(B) Allowing the employee to take leave for which
the employee is eligible.
``(C) Requiring the employee to telework under
section 6502(c).
``(D) If the employee is absent from duty without
approved leave, carrying the employee in absence
without leave status.
``(E) For an employee subject to a notice period,
curtailing the notice period if there is reasonable
cause to believe the employee has committed a crime for
which a sentence of imprisonment may be imposed.
``(3) Duration of leave.--
``(A) Investigative leave.--Subject to extensions
of a period of investigative leave for which an
employee may be eligible under subsections (d) and (e),
the initial placement of an employee in investigative
leave shall be for a period not longer than 10 days.
``(B) Notice leave.--Placement of an employee in
notice leave shall be for a period not longer than the
duration of the notice period.
``(4) Explanation of leave.--
``(A) In general.--If an agency places an employee
in leave under subsection (b), the agency shall provide
the employee a written explanation of the leave
placement and the reasons for the leave placement.
``(B) Explanation.--The written notice under
subparagraph (A) shall describe the limitations of the
leave placement, including--
``(i) the applicable limitations under
paragraph (3); and
``(ii) in the case of a placement in
investigative leave, an explanation that, at
the conclusion of the period of leave, the
agency shall take an action under paragraph
(5).
``(5) Agency action.--Not later than the day after the last
day of a period of investigative leave for an employee under
subsection (b)(1), an agency shall--
``(A) return the employee to regular duty status;
``(B) take 1 or more of the actions authorized
under paragraph (2), meaning--
``(i) assigning the employee to duties in
which the employee is no longer a threat to--
``(I) safety;
``(II) the mission of the agency;
``(III) Government property; or
``(IV) evidence relevant to an
investigation;
``(ii) allowing the employee to take leave
for which the employee is eligible;
``(iii) requiring the employee to telework
under section 6502(c);
``(iv) if the employee is absent from duty
without approved leave, carrying the employee
in absence without leave status; or
``(v) for an employee subject to a notice
period, curtailing the notice period if there
is reasonable cause to believe the employee has
committed a crime for which a sentence of
imprisonment may be imposed;
``(C) propose or initiate an adverse action against
the employee as provided under law; or
``(D) extend the period of investigative leave
under subsections (d) and (e).
``(6) Rule of construction.--Nothing in paragraph (5) shall
be construed to prevent the continued investigation of an
employee, except that the placement of an employee in
investigative leave may not be extended for that purpose except
as provided in subsections (d) and (e).
``(d) Initial Extension of Investigative Leave.--
``(1) In general.--Subject to paragraph (4), if the Chief
Human Capital Officer of an agency, or the designee of the
Chief Human Capital Officer, approves such an extension after
consulting with the investigator responsible for conducting the
investigation to which an employee is subject, the agency may
extend the period of investigative leave for the employee under
subsection (b) for not more than 30 days.
``(2) Maximum number of extensions.--The total period of
additional investigative leave for an employee under paragraph
(1) may not exceed 110 days.
``(3) Designation guidance.--Not later than 1 year after
the date of enactment of this section, the Chief Human Capital
Officers Council shall issue guidance to ensure that if the
Chief Human Capital Officer of an agency delegates the
authority to approve an extension under paragraph (1) to a
designee, the designee is at a sufficiently high level within
the agency to make an impartial and independent determination
regarding the extension.
``(4) Extensions for oig employees.--
``(A) Approval.--In the case of an employee of an
Office of Inspector General--
``(i) the Inspector General or the designee
of the Inspector General, rather than the Chief
Human Capital Officer or the designee of the
Chief Human Capital Officer, shall approve an
extension of a period of investigative leave
for the employee under paragraph (1); or
``(ii) at the request of the Inspector
General, the head of the agency within which
the Office of Inspector General is located
shall designate an official of the agency to
approve an extension of a period of
investigative leave for the employee under
paragraph (1).
``(B) Guidance.--Not later than 1 year after the
date of enactment of this section, the Council of the
Inspectors General on Integrity and Efficiency shall
issue guidance to ensure that if the Inspector General
or the head of an agency, at the request of the
Inspector General, delegates the authority to approve
an extension under subparagraph (A) to a designee, the
designee is at a sufficiently high level within the
Office of Inspector General or the agency, as
applicable, to make an impartial and independent
determination regarding the extension.
``(e) Further Extension of Investigative Leave.--
``(1) In general.--After reaching the limit under
subsection (d)(2), an agency may further extend a period of
investigative leave for an employee for a period of not more
than 60 days if, before the further extension begins, the head
of the agency or, in the case of an employee of an Office of
Inspector General, the Inspector General submits a notification
that includes the reasons for the further extension to the--
``(A) committees of jurisdiction;
``(B) Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(C) Committee on Oversight and Government Reform
of the House of Representatives.
``(2) No limit.--There shall be no limit on the number of
further extensions that an agency may grant to an employee
under paragraph (1).
``(3) OPM review.--An agency shall request from the
Director, and include with the notification required under
paragraph (1), the opinion of the Director--
``(A) with respect to whether to grant a further
extension under this subsection, including the reasons
for that opinion; and
``(B) which shall not be binding on the agency.
``(4) Sunset.--The authority provided under this subsection
shall expire on the date that is 6 years after the date of
enactment of this section.
``(f) Consultation Guidance.--Not later than 1 year after the date
of enactment of this section, the Council of the Inspectors General on
Integrity and Efficiency, in consultation with the Attorney General and
the Special Counsel, shall issue guidance on best practices for
consultation between an investigator and an agency on the need to place
an employee in investigative leave during an investigation of the
employee, including during a criminal investigation, because the
continued presence of the employee in the workplace during the
investigation may--
``(1) pose a threat to the employee or others;
``(2) result in the destruction of evidence relevant to an
investigation;
``(3) result in loss of or damage to Government property;
or
``(4) otherwise jeopardize legitimate Government interests.
``(g) Reporting and Records.--
``(1) In general.--An agency shall keep a record of the
placement of an employee in investigative leave or notice leave
by the agency, including--
``(A) the basis for the determination made under
subsection (c)(1);
``(B) an explanation of why an action under
subsection (c)(2) was not appropriate;
``(C) the length of the period of leave;
``(D) the amount of salary paid to the employee
during the period of leave;
``(E) the reasons for authorizing the leave,
including, if applicable, the recommendation made by an
investigator under subsection (d)(1); and
``(F) the action taken by the agency at the end of
the period of leave, including, if applicable, the
granting of any extension of a period of investigative
leave under subsection (d) or (e).
``(2) Availability of records.--An agency shall make a
record kept under paragraph (1) available--
``(A) to any committee of Congress, upon request;
``(B) to the Office of Personnel Management; and
``(C) as otherwise required by law, including for
the purposes of the Administrative Leave Act of 2016
and the amendments made by that Act.
``(h) Regulations.--
``(1) OPM action.--Not later than 1 year after the date of
enactment of this section, the Director shall prescribe
regulations to carry out this section, including guidance to
agencies regarding--
``(A) acceptable purposes for the use of--
``(i) investigative leave; and
``(ii) notice leave;
``(B) the proper recording of--
``(i) the leave categories described in
subparagraph (A); and
``(ii) other leave authorized by law;
``(C) baseline factors that an agency shall
consider when making a determination that the continued
presence of an employee in the workplace may--
``(i) pose a threat to the employee or
others;
``(ii) result in the destruction of
evidence relevant to an investigation;
``(iii) result in loss or damage to
Government property; or
``(iv) otherwise jeopardize legitimate
Government interests; and
``(D) procedures and criteria for the approval of
an extension of a period of investigative leave under
subsection (d) or (e).
``(2) Agency action.--Not later than 1 year after the date
on which the Director prescribes regulations under paragraph
(1), each agency shall revise and implement the internal
policies of the agency to meet the requirements of this
section.
``(i) Relation to Other Laws.--Notwithstanding subsection (a) of
section 7421 of title 38, this section shall apply to an employee
described in subsection (b) of that section.''.
(2) Personnel action.--Section 2302(a)(2)(A) of title 5,
United States Code, is amended--
(A) in clause (xi), by striking ``and'' at the end;
(B) by redesignating clause (xii) as clause (xiii);
and
(C) by inserting after clause (xi) the following:
``(xii) a determination made by an agency under
section 6329b(c)(1) that the continued presence of an
employee in the workplace during an investigation of
the employee or while the employee is in a notice
period, if applicable, may--
``(I) pose a threat to the employee or
others;
``(II) result in the destruction of
evidence relevant to an investigation;
``(III) result in loss of or damage to
Government property; or
``(IV) otherwise jeopardize legitimate
Government interests; and''.
(3) GAO report.--Not later than 5 years after the date of
enactment of this Act, the Comptroller General of the United
States shall report to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of Representatives
on the results of an evaluation of the implementation of the
authority provided under sections 6329a and 6329b of title 5,
United States Code, as added by subsection (c)(1) and paragraph
(1) of this subsection, respectively, including--
(A) an assessment of agency use of the authority
provided under subsection (e) of such section 6329b,
including data regarding--
(i) the number and length of extensions
granted under that subsection; and
(ii) the number of times that the Director
of the Office of Personnel Management, under
paragraph (3) of that subsection--
(I) concurred with the decision of
an agency to grant an extension; and
(II) did not concur with the
decision of an agency to grant an
extension, including the bases for
those opinions of the Director;
(B) recommendations to Congress, as appropriate, on
the need for extensions beyond the extensions
authorized under subsection (d) of such section 6329b;
and
(C) a review of the practice of agency placement of
an employee in investigative or notice leave under
subsection (b) of such section 6329b because of a
determination under subsection (c)(1)(D) of that
section that the employee jeopardized legitimate
Government interests, including the extent to which
such determinations were supported by evidence.
(4) Telework.--Section 6502 of title 5, United States Code,
is amended by adding at the end the following:
``(c) Required Telework.--If an agency determines under section
6329b(c)(1) that the continued presence of an employee in the workplace
during an investigation of the employee or while the employee is in a
notice period, if applicable, may pose 1 or more of the threats
described in that section and the employee is eligible to telework
under subsections (a) and (b) of this section, the agency may require
the employee to telework for the duration of the investigation or the
notice period, if applicable.''.
(5) Technical and conforming amendment.--The table of
sections for subchapter II of chapter 63 of title 5, United
States Code, is amended by inserting after the item relating to
section 6329a, as added by this section, the following:
``6329b. Investigative leave and notice leave.''.
(e) Leave for Weather and Safety Issues.--
(1) In general.--Subchapter II of chapter 63 of title 5,
United States Code, as amended by this section, is further
amended by adding at the end the following:
``Sec. 6329c. Weather and safety leave
``(a) Definitions.--In this section--
``(1) the term `agency'--
``(A) means an Executive agency (as defined in
section 105 of this title); and
``(B) does not include the Government
Accountability Office; and
``(2) the term `employee'--
``(A) has the meaning given the term in section
2105; and
``(B) does not include an intermittent employee who
does not have an established regular tour of duty
during the administrative workweek.
``(b) Leave for Weather and Safety Issues.--An agency may approve
the provision of leave under this section to an employee or a group of
employees without loss of or reduction in the pay of the employee or
employees, leave to which the employee or employees are otherwise
entitled, or credit to the employee or employees for time or service
only if the employee or group of employees is prevented from safely
traveling to or performing work at an approved location due to--
``(1) an act of God;
``(2) a terrorist attack; or
``(3) another condition that prevents the employee or group
of employees from safely traveling to or performing work at an
approved location.
``(c) Records.--An agency shall record leave provided under this
section separately from leave authorized under any other provision of
law.
``(d) Regulations.--Not later than 1 year after the date of
enactment of this section, the Director of the Office of Personnel
Management shall prescribe regulations to carry out this section,
including--
``(1) guidance to agencies regarding the appropriate
purposes for providing leave under this section; and
``(2) the proper recording of leave provided under this
section.
``(e) Relation to Other Laws.--Notwithstanding subsection (a) of
section 7421 of title 38, this section shall apply to an employee
described in subsection (b) of that section.''.
(2) Technical and conforming amendment.--The table of
sections for subchapter II of chapter 63 of title 5, United
States Code, is amended by inserting after the item relating to
section 6329b, as added by this section, the following:
``6329c. Weather and safety leave.''.
(f) Additional Oversight.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Director of the Office of Personnel
Management shall complete a review of agency policies to
determine whether agencies have complied with the requirements
of this section and the amendments made by this section.
(2) Report to congress.--Not later than 90 days after
completing the review under paragraph (1), the Director shall
submit to Congress a report evaluating the results of the
review.
SEC. 402. UNITED STATES GOVERNMENT REVIEW OF CERTAIN FOREIGN FIGHTERS.
(a) Review.--Not later than 30 days after the date of enactment of
this Act, the President shall initiate a review of known instances
since 2011 in which a person has traveled or attempted to travel to a
conflict zone in Iraq or Syria from the United States to join or
provide material support or resources to a terrorist organization.
(b) Scope of Review.--The review under subsection (a) shall--
(1) include relevant unclassified and classified
information held by the United States Government related to
each instance described in subsection (a);
(2) ascertain which factors, including operational issues,
security vulnerabilities, systemic challenges, or other issues,
which may have undermined efforts to prevent the travel of
persons described in subsection (a) to a conflict zone in Iraq
or Syria from the United States, including issues related to
the timely identification of suspects, information sharing,
intervention, and interdiction; and
(3) identify lessons learned and areas that can be improved
to prevent additional travel by persons described in subsection
(a) to a conflict zone in Iraq or Syria, or other terrorist
safe haven abroad, to join or provide material support or
resources to a terrorist organization.
(c) Information Sharing.--The President shall direct the heads of
relevant Federal agencies to provide the appropriate information that
may be necessary to complete the review required under this section.
(d) Submission to Congress.--Not later than 120 days after the date
of enactment of this Act, the President, consistent with the protection
of classified information, shall submit a report to the appropriate
congressional committees that includes the results of the review
required under this section, including information on travel routes of
greatest concern, as appropriate.
(e) Prohibition on Additional Funding.--No additional funds are
authorized to be appropriated to carry out this section.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Select Committee on Intelligence of the
Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Armed Services of the Senate;
(E) the Committee on Foreign Relations of the
Senate;
(F) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(G) the Committee on Appropriations of the Senate;
(H) the Committee on Homeland Security of the House
of Representatives;
(I) the Permanent Select Committee on Intelligence
of the House of Representatives;
(J) the Committee on the Judiciary of the House of
Representatives;
(K) the Committee on Armed Services of the House of
Representatives;
(L) the Committee on Foreign Affairs of the House
of Representatives;
(M) the Committee on Appropriations of the House of
Representatives; and
(N) the Committee on Financial Services of the
House of Representatives.
(2) Material support or resources.--The term ``material
support or resources'' has the meaning given such term in
section 2339A of title 18, United States Code.
SEC. 403. NATIONAL STRATEGY TO COMBAT TERRORIST TRAVEL.
(a) Sense of Congress.--It is the sense of Congress that it should
be the policy of the United States--
(1) to continue to regularly assess the evolving terrorist
threat to the United States;
(2) to catalog existing Federal Government efforts to
obstruct terrorist and foreign fighter travel into, out of, and
within the United States, and overseas;
(3) to identify such efforts that may benefit from reform
or consolidation, or require elimination;
(4) to identify potential security vulnerabilities in
United States defenses against terrorist travel; and
(5) to prioritize resources to address any such security
vulnerabilities in a risk-based manner.
(b) National Strategy and Updates.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the President shall submit a national
strategy to combat terrorist travel to the appropriate
congressional committees. The strategy shall address efforts to
intercept terrorists and foreign fighters and constrain the
domestic and international travel of such persons. Consistent
with the protection of classified information, the strategy
shall be submitted in unclassified form, including, as
appropriate, a classified annex.
(2) Updated strategies.--Not later than 180 days after the
date on which a new President is inaugurated, the President
shall submit an updated version of the strategy described in
paragraph (1) to the appropriate congressional committees.
(3) Contents.--The strategy required under this subsection
shall--
(A) include an accounting and description of all
Federal Government programs, projects, and activities
designed to constrain domestic and international travel
by terrorists and foreign fighters;
(B) identify specific security vulnerabilities
within the United States and outside of the United
States that may be exploited by terrorists and foreign
fighters;
(C) delineate goals for--
(i) closing the security vulnerabilities
identified under subparagraph (B); and
(ii) enhancing the ability of the Federal
Government to constrain domestic and
international travel by terrorists and foreign
fighters; and
(D) describe the actions that will be taken to
achieve the goals delineated under subparagraph (C) and
the means needed to carry out such actions, including--
(i) steps to reform, improve, and
streamline existing Federal Government efforts
to align with the current threat environment;
(ii) new programs, projects, or activities
that are requested, under development, or
undergoing implementation;
(iii) new authorities or changes in
existing authorities needed from Congress;
(iv) specific budget adjustments being
requested to enhance United States security in
a risk-based manner; and
(v) the Federal departments and agencies
responsible for the specific actions described
in this subparagraph.
(4) Sunset.--The requirement to submit updated national
strategies under this subsection shall terminate on the date
that is 7 years after the date of enactment of this Act.
(c) Development of Implementation Plans.--For each national
strategy required under subsection (b), the President shall direct the
heads of relevant Federal agencies to develop implementation plans for
each such agency.
(d) Implementation Plans.--
(1) In general.--The President shall submit an
implementation plan developed under subsection (c) to the
appropriate congressional committees with each national
strategy required under subsection (b). Consistent with the
protection of classified information, each such implementation
plan shall be submitted in unclassified form, but may include a
classified annex.
(2) Annual updates.--The President shall submit an annual
updated implementation plan to the appropriate congressional
committees during the 10-year period beginning on the date of
enactment of this Act.
(e) Prohibition on Additional Funding.--No additional funds are
authorized to be appropriated to carry out this section.
(f) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Select Committee on Intelligence of the Senate;
(4) the Committee on the Judiciary of the Senate;
(5) the Committee on Foreign Relations of the Senate;
(6) the Committee on Appropriations of the Senate;
(7) the Committee on Homeland Security of the House of
Representatives;
(8) the Committee on Armed Services of the House of
Representatives;
(9) the Permanent Select Committee on Intelligence of the
House of Representatives;
(10) the Committee on the Judiciary of the House of
Representatives;
(11) the Committee on Foreign Affairs of the House of
Representatives; and
(12) the Committee on Appropriations of the House of
Representatives.
SEC. 404. NORTHERN BORDER THREAT ANALYSIS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Homeland Security of the House
of Representatives;
(E) the Committee on Appropriations of the House of
Representatives; and
(F) the Committee on the Judiciary of the House of
Representatives.
(2) Northern border.--The term ``Northern Border'' means
the land and maritime borders between the United States and
Canada.
(b) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a Northern Border threat analysis that
includes--
(1) current and potential terrorism and criminal threats
posed by individuals and organized groups seeking--
(A) to enter the United States through the Northern
Border; or
(B) to exploit border vulnerabilities on the
Northern Border;
(2) improvements needed at and between ports of entry along
the Northern Border--
(A) to prevent terrorists and instruments of
terrorism from entering the United States; and
(B) to reduce criminal activity, as measured by the
total flow of illegal goods, illicit drugs, and
smuggled and trafficked persons moved in either
direction across the Northern Border;
(3) gaps in law, policy, cooperation between State, tribal,
and local law enforcement, international agreements, or tribal
agreements that hinder effective and efficient border security,
counter-terrorism, and anti-human smuggling and trafficking
efforts, and the flow of legitimate trade along the Northern
Border; and
(4) whether additional U.S. Customs and Border Protection
preclearance and preinspection operations at ports of entry
along the Northern Border could help prevent terrorists and
instruments of terror from entering the United States.
(c) Analysis Requirements.--For the threat analysis required under
subsection (b), the Secretary shall consider and examine--
(1) technology needs and challenges;
(2) personnel needs and challenges;
(3) the role of State, tribal, and local law enforcement in
general border security activities;
(4) the need for cooperation among Federal, State, tribal,
local, and Canadian law enforcement entities relating to border
security;
(5) the terrain, population density, and climate along the
Northern Border; and
(6) the needs and challenges of Department facilities,
including the physical approaches to such facilities.
(d) Classified Threat Analysis.--To the extent possible, the
Secretary shall submit the threat analysis required under subsection
(b) in unclassified form. The Secretary may submit a portion of the
threat analysis in classified form if the Secretary determines that
such form is appropriate for that portion.
Calendar No. 532
114th CONGRESS
2d Session
S. 2976
[Report No. 114-287]
_______________________________________________________________________
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.
_______________________________________________________________________
June 28, 2016
Reported with amendments