[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2750 Reported in Senate (RS)]
<DOC>
Calendar No. 410
116th CONGRESS
2d Session
S. 2750
[Report No. 116-212]
To amend the Homeland Security Act of 2002 to authorize the Operation
Stonegarden grant program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 30, 2019
Ms. McSally (for herself, Mr. Jones, and Mr. Tester) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
February 4, 2020
Reported by Mr. Johnson, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to authorize the Operation
Stonegarden grant program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Operation Stonegarden
Authorization Act''.</DELETED>
<DELETED>SEC. 2. OPERATION STONEGARDEN.</DELETED>
<DELETED> (a) In General.--Subtitle A of title XX of the Homeland
Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the
end the following:</DELETED>
<DELETED>``SEC. 2009. OPERATION STONEGARDEN.</DELETED>
<DELETED> ``(a) Establishment.--There is established in the
Department a program, which shall be known as `Operation Stonegarden',
under which the Secretary, acting through the Administrator, shall make
grants to eligible law enforcement agencies to enhance border security
in accordance with this section.</DELETED>
<DELETED> ``(b) Eligible Recipients.--A law enforcement agency is
eligible to receive a grant under this section if the agency--
</DELETED>
<DELETED> ``(1) is located in--</DELETED>
<DELETED> ``(A) a State bordering Canada or Mexico;
or</DELETED>
<DELETED> ``(B) a State or territory with a maritime
border; and</DELETED>
<DELETED> ``(2) is involved in an active, ongoing, U.S.
Customs and Border Protection operation coordinated through a
U.S. Border Patrol sector office.</DELETED>
<DELETED> ``(c) Permitted Uses.--Grant funds received under this
section may be used by the grant recipient for--</DELETED>
<DELETED> ``(1) equipment, including maintenance and
sustainment costs;</DELETED>
<DELETED> ``(2) personnel, including overtime and backfill,
in support of enhanced border law enforcement
activities;</DELETED>
<DELETED> ``(3) any activity permitted for Operation
Stonegarden under the Department of Homeland Security's most
recent Homeland Security Grant Program Notice of Funding
Opportunity; and</DELETED>
<DELETED> ``(4) any other appropriate activity, as
determined by the Administrator, in consultation with the
Commissioner of U.S. Customs and Border Protection.</DELETED>
<DELETED> ``(d) Period of Performance.--The Secretary shall award
grants under this section to grant recipients for a period of not less
than 36 months.</DELETED>
<DELETED> ``(e) Report.--The Administrator shall submit a report,
for each of the fiscal years 2020 through 2024, to the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives that
contains information on the expenditure of grants made under this
section by each grant recipient.</DELETED>
<DELETED> ``(f) Authorization of Appropriations.--There is
authorized to be appropriated $110,000,000 for each of the fiscal years
2020 through 2024 for grants under this section.''.</DELETED>
<DELETED> (b) Conforming Amendment.--Section 2002(a) of the Homeland
Security Act of 2002 (6 U.S.C. 603(a)) is amended to read as
follows:</DELETED>
<DELETED> ``(a) Grants Authorized.--The Secretary, through the
Administrator, may award grants under sections 2003, 2004, and 2009 to
State, local, and tribal governments, as appropriate.''.</DELETED>
<DELETED> (c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by inserting after
the item relating to section 2008 the following:</DELETED>
<DELETED>``Sec. 2009. Operation Stonegarden.''.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Operation Stonegarden Authorization
Act''.
SEC. 2. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the
following:
``SEC. 2009. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the Department a
program, which shall be known as `Operation Stonegarden', under which
the Secretary may award grants to States that border Canada or Mexico,
States with an international maritime border, and eligible law
enforcement agencies for the purpose of enhancing border security.
``(b) Eligible Law Enforcement Agencies.--A law enforcement agency
is eligible to receive a grant under this section if the agency, either
directly or through the State in which agency is located, if the
agency--
``(1) is located in--
``(A) a State bordering Canada or Mexico; or
``(B) a State or territory with an international
maritime border; and
``(2) is involved in an active, ongoing, U.S. Customs and
Border Protection operation coordinated through a sector
office.
``(c) Permitted Uses.--Grant funds received under this section may
be used by a State or an eligible law enforcement agency for--
``(1) equipment, including maintenance and sustainment
costs;
``(2) personnel, including overtime and backfill for law
enforcement personnel or non-law enforcement personnel who
support enhanced border law enforcement activities;
``(3) allowable and approved personnel costs, including
salaries, fringe benefits, overtime and backfill for dedicated
intelligence analysts supporting Operation Stonegarden
operations in support of enhanced border law enforcement
activities
``(4) any activity permitted for Operation Stonegarden
under--
``(A) the Department of Homeland Security's most
recent Homeland Security Grant Program Notice of
Funding Opportunity; or
``(B) the Federal Emergency Management Agency's
Preparedness Grants Manual; and
``(5) any other appropriate activity, as determined by the
Secretary.
``(d) Period of Performance.--The Secretary may award grants under
this section to grant recipients for a period of not less than 36
months.
``(e) Collection of Information.--For any fiscal year beginning on
or after the date that is 30 days after the date of the enactment of
the Operation Stonegarden Authorization Act for which grants are made
under Operation Stonegarden, the Administrator shall separately collect
and maintain financial information with respect to grants awarded under
Operation Stonegarden, including--
``(1) the amount of the awards;
``(2) the amount obligated for the awards;
``(3) the amount of outlays under the awards;
``(4) financial plans with respect to the use of the
awards;
``(5) any funding transfers or reallocations; and
``(6) any adjustments to spending plans or reprogramming.
``(f) Administrator Oversight.--
``(1) In general.--The Administrator shall establish and
implement guidelines--
``(A) to ensure that amounts made available under
Operation Stonegarden are used in accordance with grant
guidance and applicable Federal laws;
``(B) to increase the proportion of each grant made
under Operation Stonegarden that is used for
operational expenses by the ultimate grantee;
``(C) to improve program performance reporting and
program performance measurements to facilitate
designing, implementing, and enforcing procedures under
Operation Stonegarden; and
``(D) to require the recording of standardized
performance data regarding program output.
``(2) Submission.--Not later than 90 days after the date of
the enactment of the Operation Stonegarden Authorization Act,
the Administrator shall submit the guidelines established under
paragraph (1) to--
``(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 Reform of the
House of Representatives.
``(g) Financial Review Guidelines.--
``(1) In general.--The Administrator, in coordination with
the Commissioner of U.S. Customs and Border Protection, shall
develop and implement guidelines establishing procedures for
implementing the auditing and reporting requirements set forth
in section 2022 with respect to Operation Stonegarden.
``(2) Submission.--Not later than 90 days after the date of
the enactment of the Operation Stonegarden Authorization Act,
the Administrator shall submit the guidelines developed under
paragraph (1) to the congressional committees listed under
subsection (f)(2).
``(h) Report and Briefing.--During each of the fiscal years 2020
through 2024, the Administrator, in coordination with the Commissioner
of U.S. Customs and Border Protection, shall submit a report and
provide a briefing to the congressional committees listed under
subsection (f)(2) that includes, for the period covered by the report--
``(1) information on how each recipient of a grant under
Operation Stonegarden expended amounts received under the
grant;
``(2) information regarding the nature of operations
carried out using amounts made available under Operation
Stonegarden; and
``(3) in the first report submitted under this subsection--
``(A) an examination of the effects changing
Operation Stonegarden to award multi-year grants would
have on its mission; and
``(B) the findings and recommendations of the
Administrator regarding what changes could improve
Operation Stonegarden, which may include feedback from
grant recipients.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated $110,000,000 for each of the fiscal years 2020 through
2024 for grants under this section.''.
(b) Conforming Amendment.--Section 2002(a) of the Homeland Security
Act of 2002 (6 U.S.C. 603(a)) is amended to read as follows:
``(a) Grants Authorized.--The Secretary may award grants under
sections 2003, 2004, and 2009 to State, tribal, territorial, and local
governments, as appropriate.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2008 the following:
``Sec. 2009. Operation Stonegarden.''.
Calendar No. 410
116th CONGRESS
2d Session
S. 2750
[Report No. 116-212]
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to authorize the Operation
Stonegarden grant program, and for other purposes.
_______________________________________________________________________
February 4, 2020
Reported with an amendment