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115th Congress   }                                   {    Rept. 115-92
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                   {          Part 1

======================================================================



 
                   HOMELAND SECURITY FOR CHILDREN ACT

                                _______
                                

 April 24, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1372]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 1372) to amend the Homeland Security Act of 2002 
to ensure that the needs of children are considered in homeland 
security planning, and for other purposes, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     4
Statement of General Performance Goals and Objectives............     5
Duplicative Federal Programs.....................................     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     5
Disclosure of Directed Rule Makings..............................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7
Committee Correspondence.........................................    12

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Homeland Security for Children Act''.

SEC. 2. RESPONSIBILITIES OF THE UNDER SECRETARY FOR STRATEGY, POLICY, 
                    AND PLANS.

  Paragraph (6) of section 709(c) of the Homeland Security Act of 2002 
(6 U.S.C. 349(c)) is amended by inserting ``, including feedback from 
organizations representing the needs of children,'' after ``stakeholder 
feedback''.

SEC. 3. TECHNICAL EXPERT AUTHORIZED.

  Paragraph (2) of section 503(b) of the Homeland Security Act of 2002 
(6 U.S.C. 313(b)) is amended--
          (1) in subparagraph (G), by striking ``and'' at the end;
          (2) in subparagraph (H), by striking the period at the end 
        and inserting ``; and''; and
          (3) by adding at the end the following new subparagraph:
                  ``(I) identify and integrate the needs of children 
                into activities to prepare for, protect against, 
                respond to, recover from, and mitigate against the risk 
                of natural disasters, acts of terrorism, and other 
                manmade disasters, including catastrophic incidents, 
                including by appointing a technical expert, who may 
                consult with relevant outside organizations and 
                experts, as necessary, to coordinate such integration, 
                as necessary.''.

SEC. 4. REPORT.

  Not later than one year after the date of the enactment of this Act 
and annually thereafter for five years, the Under Secretary for 
Strategy, Policy, and Plans of the Department of Homeland Security 
shall submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report describing the efforts the Department 
has undertaken to review and incorporate feedback from organizations 
representing the needs of children into Department policy in accordance 
with paragraph (6) of section 709(c) of the Homeland Security Act of 
2002 (as added by section 2 of this Act), including information on the 
following:
          (1) The designation of any individual responsible for 
        carrying out such paragraph (6).
          (2) Any review, formal or informal, of Department policies, 
        programs, or activities to assess the suitability of such 
        policies, programs, or activities for children and where 
        feedback from organizations representing the needs of children 
        should be reviewed and incorporated.
          (3) Any review, change, modification, or promulgation of 
        Department policies, programs, or activities to ensure that 
        such policies, programs, or activities are appropriate for 
        children.
          (4) Coordination with organizations or experts outside the 
        Department pursuant to such paragraph (6) conducted to inform 
        any such review, change, modification, or promulgation of such 
        policies, programs, or activities.

                          Purpose and Summary

    The purpose of H.R. 1372 is to amend the Homeland Security 
Act of 2002 to ensure that the needs of children are considered 
in homeland security planning.

                  Background and Need for Legislation

    The Subcommittee on Emergency Preparedness, Response and 
Communications held a hearing on February 14, 2017, to receive 
testimony from stakeholders on the future of the Federal 
Emergency Management Agency (FEMA). At this hearing, Members of 
the Subcommittee heard testimony relaying the importance of 
integrating the needs of children into emergency plans. This 
point was reinforced during the Subcommittee's February 28, 
2017 hearing when former FEMA Administrators noted the 
importance of integrating the needs of special populations into 
emergency plans and procedures. H.R. 1372 seeks to ensure that 
the needs of children are considered in homeland security 
planning. Specifically, the bill authorizes a technical expert 
at FEMA to identify and integrate the needs of children into 
preparedness, response, recovery, and mitigation activities. 
The bill would also include the consideration of children's 
needs into Departmental policy through the Office of Strategy, 
Policy, and Plans.

                                Hearings

    No hearings were held on H.R. 1372 in the 115th Congress. 
However, this legislation was informed by the following 
Committee hearings:
    On February 14, 2017, the Subcommittee on Emergency 
Preparedness, Response, and Communications entitled ``The 
Future of FEMA: Stakeholder Recommendations for the Next 
Administrator.'' The Subcommittee received testimony from 
Captain Chris A. Kelenske, Deputy State Director/Commander, 
Emergency Management and Homeland Security, Michigan State 
Police, testifying on behalf of the National Governors 
Association; Chief John Sinclair, Fire Chief, Kittitas Valley 
Fire and Rescue (WA), testifying on behalf of the International 
Association of Fire Chiefs; and Richard F. Bland, J.D., M.T.S. 
National Director, Policy, Advocacy and Development, Save the 
Children.
    The Homeland Security for Children Act was further informed 
by a Subcommittee on Emergency Preparedness, Response, and 
Communications hearing on February 28, 2017, entitled ``The 
Future of FEMA: Recommendations of Former Administrators.' The 
Subcommittee received testimony from Hon. W. Craig Fugate, 
Former Administrator, Federal Emergency Management Agency, U.S. 
Department of Homeland Security; and Hon. R. David Paulison, 
Former Administrator, Federal Emergency Management Agency, U.S. 
Department of Homeland Security.

                        Committee Consideration

    The Committee met on March 8, 2017, to consider H.R. 1372, 
and ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The following amendments were offered:
 An Amendment in the Nature of a Substitute offered by Mr. 
Payne  (#1); was AGREED TO, as amended, by voice vote.

 An amendment by Mr. Payne to the Amendment in the Nature of a 
Substitute (#1A); was AGREED TO by voice vote.

 Page 2, line 19, strike ``identify'' and insert ``review''.

 Page 2, line 20, strike ``integrate'' and insert ``incorporate 
feedback from organizations representing''.

 Page 2, line 20, strike ``the Department's'' and insert 
``Department''.

 Page 2, line 21, strike ``policies, programs, and activities'' and 
insert ``policy''.

 Page 2, line 22, strike ``(4)'' and insert ``(6)''.

 Page 3, line 2, strike ``(4)'' and insert ``(6)''.

 Page 3, beginning line 3, strike ``any policies, programs, or 
activities of the Department under such paragraph (4)'' and insert 
``Department policies, programs, or activities''.

 Page 3, line 6, insert before the period at the end the following: 
``and where feedback from organizations representing the needs of 
children should be reviewed and incorporated''.

 Page 3, line 7, strike ``such''.

 Page 3, line 8, strike ``any such'' and insert ``Department''.

 Page 3, line 13, strike ``(4)'' and insert ``(6)''.

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 1372.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
1372, the Homeland Security for Children Act, would result in 
no new or increased budget authority, entitlement authority, or 
tax expenditures or revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 21, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1372, the Homeland 
Security for Children Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                             Mark P. Hadley
                                        (For Keith Hall, Director).
    Enclosure.

H.R. 1372--Homeland Security for Children Act

    H.R. 1372 would require the Federal Emergency Management 
Agency (FEMA) to identify and integrate children's needs when 
preparing for, responding to, recovering from, and mitigating 
against natural disasters, acts of terrorism, and other manmade 
disasters. The bill would authorize FEMA to appoint a technical 
expert on children's needs to coordinate the integration of the 
bill's requirements. The bill also would direct the Department 
of Homeland Security (DHS) to submit to the Congress an annual 
report describing the agency's efforts to integrate children's 
needs into DHS polices.
    Based on information provided by DHS, CBO estimates that 
implementing the bill would have no significant effect on the 
federal budget. Enacting the legislation would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    CBO estimates that enacting H.R. 1372 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 1372 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Robert Reese. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 1372 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This legislation intends to ensure the needs of children 
are met during emergencies. H.R. 1372 authorizes a children's 
needs technical expert within FEMA that is responsible for 
ensuring the integration of the needs of children in activities 
to prepare for, respond to, recover from, and mitigate against 
the risk of natural disasters, acts of terrorism, and other 
manmade disasters.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 1372 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 1372 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 1372 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``Homeland Security for Children Act''.

Sec. 2.   Responsibilities of the Under Secretary for Strategy, Policy, 
        and Plans.

    This section amends section 709(c)(6) of the Homeland 
Security Act of 2002 (Pub. L. 107-296). Paragraph 6, as 
currently written, requires the Under Secretary for Strategy, 
Policy, and Plans to ``review and incorporate, as appropriate, 
external stakeholder feedback into Department policy.'' This 
section inserts ``including feedback from organizations 
representing the needs of children'' after ``stakeholder 
feedback'' to ensure information on the needs of children is 
considered.

Sec. 3.   Technical Expert Authorized.

    This section amends section 503(b) of the Homeland Security 
Act of 2002 to include, within the activities of the Federal 
Emergency Management Agency, the identification and integration 
of the needs of children into preparedness, response, 
mitigation, and recovery plans, including through the 
appointment of a technical expert, as necessary.

Sec. 4.   Report.

    This section requires the Under Secretary for Strategy, 
Policy, and Plans to submit a report to the House Committee on 
Homeland Security and Senate Committee on Homeland Security and 
Governmental Affairs within one year of enactment detailed 
efforts taken to address the needs of children in Department 
policy. The report should include details on the action taken 
to solicit feedback from organizations representing the needs 
of children. Additionally, the report should provide 
information on the progress made incorporating the needs of 
children in Department policies and programs.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

HOMELAND SECURITY ACT OF 2002

           *       *       *       *       *       *       *



TITLE VII--MANAGEMENT

           *       *       *       *       *       *       *


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. The Under Secretary for Strategy, 
Policy, and Plans shall be appointed by the President, by and 
with the advice and consent of the Senate.
  (c) Functions.--The Under Secretary for 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, components, 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 consultation with the 
        Secretary regarding 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, including feedback from 
        organizations representing the needs of children, into 
        Department policy; and
          (7) carry out such other responsibilities as the 
        Secretary determines appropriate.
  (d) Deputy Under Secretary.--
          (1) In general.--The Secretary may--
                  (A) establish within the Office of Strategy, 
                Policy, and Plans a position of Deputy Under 
                Secretary to support the Under Secretary for 
                Strategy, Policy, and Plans in carrying out the 
                Under Secretary's responsibilities; and
                  (B) appoint a career employee to such 
                position.
          (2) Limitation on establishment of deputy under 
        secretary positions.--A Deputy Under Secretary position 
        (or any substantially similar position) within the 
        Office of Strategy, Policy, and Plans may not be 
        established except for the position provided for by 
        paragraph (1), unless the Secretary receives prior 
        authorization from Congress.
          (3) Definitions.--For purposes of paragraph (1)--
                  (A) the term ``career employee'' means any 
                employee (as such term is defined in section 
                2105 of title 5, United States Code), but does 
                not include a political appointee; and
                  (B) the term ``political appointee'' means 
                any employee who occupies a position which has 
                been excepted from the competitive service by 
                reason of its confidential, policy-determining, 
                policy-making, or policy-advocating character.
  (e) 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 with respect 
to each such component.
  (f) 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 by the heads of all 
                components of the Department 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 as 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, U.S. Immigration and Customs Enforcement, 
        and United States 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.
  (g) Limitation.--Nothing in this section overrides or 
otherwise affects the requirements specified in section 888.

           *       *       *       *       *       *       *

                              ----------                              


SECTION 503 OF THE HOMELAND SECURITY ACT

           *       *       *       *       *       *       *



SEC. 503. FEDERAL EMERGENCY MANAGEMENT AGENCY.

  (a) In General.--There is in the Department the Federal 
Emergency Management Agency, headed by an Administrator.
  (b) Mission.--
          (1) Primary mission.--The primary mission of the 
        Agency is to reduce the loss of life and property and 
        protect the Nation from all hazards, including natural 
        disasters, acts of terrorism, and other man-made 
        disasters, by leading and supporting the Nation in a 
        risk-based, comprehensive emergency management system 
        of preparedness, protection, response, recovery, and 
        mitigation.
          (2) Specific activities.--In support of the primary 
        mission of the Agency, the Administrator shall--
                  (A) lead the Nation's efforts to prepare for, 
                protect against, respond to, recover from, and 
                mitigate against the risk of natural disasters, 
                acts of terrorism, and other man-made 
                disasters, including catastrophic incidents;
                  (B) partner with State, local, and tribal 
                governments and emergency response providers, 
                with other Federal agencies, with the private 
                sector, and with nongovernmental organizations 
                to build a national system of emergency 
                management that can effectively and efficiently 
                utilize the full measure of the Nation's 
                resources to respond to natural disasters, acts 
                of terrorism, and other man-made disasters, 
                including catastrophic incidents;
                  (C) develop a Federal response capability 
                that, when necessary and appropriate, can act 
                effectively and rapidly to deliver assistance 
                essential to saving lives or protecting or 
                preserving property or public health and safety 
                in a natural disaster, act of terrorism, or 
                other man-made disaster;
                  (D) integrate the Agency's emergency 
                preparedness, protection, response, recovery, 
                and mitigation responsibilities to confront 
                effectively the challenges of a natural 
                disaster, act of terrorism, or other man-made 
                disaster;
                  (E) develop and maintain robust Regional 
                Offices that will work with State, local, and 
                tribal governments, emergency response 
                providers, and other appropriate entities to 
                identify and address regional priorities;
                  (F) under the leadership of the Secretary, 
                coordinate with the Commandant of the Coast 
                Guard, the Director of Customs and Border 
                Protection, the Director of Immigration and 
                Customs Enforcement, the National Operations 
                Center, and other agencies and offices in the 
                Department to take full advantage of the 
                substantial range of resources in the 
                Department;
                  (G) provide funding, training, exercises, 
                technical assistance, planning, and other 
                assistance to build tribal, local, State, 
                regional, and national capabilities (including 
                communications capabilities), necessary to 
                respond to a natural disaster, act of 
                terrorism, or other man-made disaster; [and]
                  (H) develop and coordinate the implementation 
                of a risk-based, all-hazards strategy for 
                preparedness that builds those common 
                capabilities necessary to respond to natural 
                disasters, acts of terrorism, and other man-
                made disasters while also building the unique 
                capabilities necessary to respond to specific 
                types of incidents that pose the greatest risk 
                to our Nation[.]; and
                  (I) identify and integrate the needs of 
                children into activities to prepare for, 
                protect against, respond to, recover from, and 
                mitigate against the risk of natural disasters, 
                acts of terrorism, and other manmade disasters, 
                including catastrophic incidents, including by 
                appointing a technical expert, who may consult 
                with relevant outside organizations and 
                experts, as necessary, to coordinate such 
                integration, as necessary.
  (c) Administrator.--
          (1) In general.--The Administrator shall be appointed 
        by the President, by and with the advice and consent of 
        the Senate.
          (2) Qualifications.--The Administrator shall be 
        appointed from among individuals who have--
                  (A) a demonstrated ability in and knowledge 
                of emergency management and homeland security; 
                and
                  (B) not less than 5 years of executive 
                leadership and management experience in the 
                public or private sector.
          (3) Reporting.--The Administrator shall report to the 
        Secretary, without being required to report through any 
        other official of the Department.
          (4) Principal advisor on emergency management.--
                  (A) In general.--The Administrator is the 
                principal advisor to the President, the 
                Homeland Security Council, and the Secretary 
                for all matters relating to emergency 
                management in the United States.
                  (B) Advice and recommendations.--
                          (i) In general.--In presenting advice 
                        with respect to any matter to the 
                        President, the Homeland Security 
                        Council, or the Secretary, the 
                        Administrator shall, as the 
                        Administrator considers appropriate, 
                        inform the President, the Homeland 
                        Security Council, or the Secretary, as 
                        the case may be, of the range of 
                        emergency preparedness, protection, 
                        response, recovery, and mitigation 
                        options with respect to that matter.
                          (ii) Advice on request.--The 
                        Administrator, as the principal advisor 
                        on emergency management, shall provide 
                        advice to the President, the Homeland 
                        Security Council, or the Secretary on a 
                        particular matter when the President, 
                        the Homeland Security Council, or the 
                        Secretary requests such advice.
                          (iii) Recommendations to congress.--
                        After informing the Secretary, the 
                        Administrator may make such 
                        recommendations to Congress relating to 
                        emergency management as the 
                        Administrator considers appropriate.
          (5) Cabinet status.--
                  (A) In general.--The President may designate 
                the Administrator to serve as a member of the 
                Cabinet in the event of natural disasters, acts 
                of terrorism, or other man-made disasters.
                  (B) Retention of authority.--Nothing in this 
                paragraph shall be construed as affecting the 
                authority of the Secretary under this Act.

                        Committee Correspondence

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