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116th Congress    }                                {     Rept. 116-370
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                {            Part 1

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



 
                   HOMELAND SECURITY FOR CHILDREN ACT

                                _______
                                

January 8, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2932]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 2932) 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 without amendment and 
recommend that the bill 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
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     4
Federal Mandates Statement.......................................     5
Statement of General Performance Goals and Objectives............     6
Duplicative Federal Programs.....................................     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7
Committee Correspondence.........................................     9

                          Purpose and Summary

    H.R. 2932, the ``Homeland Security for Children Act,'' 
would ensure that the needs of children are adequately included 
and considered in Department of Homeland Security (DHS) 
planning.

                  Background and Need for Legislation

    Making up 23 percent of the American population,\1\ 
children are some of the most vulnerable among us. Due to their 
general incapacity to protect and advocate for themselves, 
children are more likely to succumb to the negative outcomes 
associated with disasters and acts of terrorism;\2\ and when 
disaster strikes, whether natural or manmade, the country has 
historically struggled to adequately prepare for children's 
unique needs.\3\
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    \1\``Number of Children: Key facts about the number of children in 
the United States,'' Child Trends. Accessed on May 14, 2019. Available 
at: https://www.childtrends.org/indicators/number-of-children.
    \2\``What is a Vulnerable Population in Health Care?'' Care 
Centrix. September 7, 2017. Accessed on May 20, 2019. Available at: 
https://www.carecentrix.com/blog/what-is-a-vulnerable-population.
    \3\``2005 Hurricane Katrina Strikes, 2010 America Remains 
Unprepared: A National Report Card on Protecting Children During 
Disasters'' Save the Children. Accessed on May 20, 2019. Available at: 
https://www.savethechildren.org/content/dam/usa/reports/emergency-prep/
disaster-report-2010.pdf.
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    In response, in July 2015, then-Federal Emergency 
Management Agency (FEMA) Administrator Craig Fugate established 
the children's technical expert position;\4\ however, over the 
past four years, this position was never authorized, calling 
into question whether FEMA will continue to give special 
attention to children's needs. The ``Homeland Security for 
Children Act'' would formally authorize the children's 
technical expert position, ensuring that FEMA will adequately 
incorporate the needs of children into its emergency 
preparedness, response, recovery, and mitigation activities.
---------------------------------------------------------------------------
    \4\``Children and Disasters: An Integrated Approach to Disaster 
Planning, Preparedness, Response, and Recovery,'' Federal Emergency 
Management Agency National Advisory Council Meeting, September 18, 
2015. Accessed on May 15, 2019. Available at: https://www.fema.gov/
media-library-data/1444146313302-51ff102360b5d17c9cee79abd11e43f3/
ChildrenandDisasters_ LauraleeKoziol_9-18-15(508c).pdf.
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    Additionally, the ``Homeland Security for Children Act'' 
would make children's needs a priority throughout the 
Department of Homeland Security, by directing the 
Undersecretary for Strategy, Policy, and Plans to incorporate 
feedback from children's organizations into Department-wide 
activities. This legislation also includes a requirement for 
the Under Secretary for Strategy, Policy, and Plans to submit a 
report to Congress on the Department's efforts to integrate the 
needs of children into its policies, programs, and activities.
    In the 116th Congress, Committee Members heard from 
witnesses who described how children are at greater risk of the 
impacts of climate change and disasters, as they are more 
susceptible to physical and mental injuries and death; how 
disaster planning should be uniquely tailored for children; and 
how the Federal government could improve school security for 
children, among other things.
    An earlier version of the ``Homeland Security for Children 
Act'' was introduced and passed by voice vote in the House last 
Congress.\5\ The legislation is endorsed by the National 
Coalition on Children, which includes Save Children; Child Care 
Aware; Child Welfare League of America; Early Care and 
Education Consortium; First Focus Campaign for Children; 
Institute for Child Success; National Center for Disaster 
Preparedness at Columbia University; 1,000 Days; Partnership 
for Inclusive Disaster Strategies; Public Advocacy for Kids; 
Share our Strength; Young Center for Immigrant Children's 
Rights; and Zero to Three.
---------------------------------------------------------------------------
    \5\H.R. 1372. Introduced on March 3, 2017.
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                                Hearings

    For the purposes of section 103(i) of H. Res. 6. of the 
116th Congress, the following hearings were used to develop 
H.R. 2932:
           On April 9, 2019, the Committee held a 
        hearing entitled, ``Assessing the Homeland Security 
        Impacts of a Changing Climate.'' The Committee received 
        testimony from Astrid Caldas, Ph.D., Senior Climate 
        Change Scientist, Union of Concerned Scientists; 
        Timothy Manning, Senior Advisor to the Pacific Disaster 
        Center and the President and CEO of Berglind-Manning 
        Inc.; Kristie Trousdale, MPH, Deputy Director, 
        Children`s Environmental Health Network; and Dan 
        Eggleston, EFO, CEO, CMO, President and Chairman of the 
        Board, International Association of Fire Chiefs.
           On July 23, 2019, the Committee held a 
        hearing entitled, ``Protecting Every Citizen: Assessing 
        Emergency Preparedness for Underserved Populations.'' 
        The Committee received testimony from Major Louis V. 
        Bucchere, Commanding Officer, Emergency Management 
        Section, New Jersey State Police; Kelly Boyd, Access 
        and Functional Needs Planner, Preparedness Bureau, 
        Emergency Management Section, New Jersey Office of 
        Emergency Management; Elizabeth Curda, Director, 
        Education, Workforce, and Income Security, Government 
        Accountability Office; Marcie Roth, CEO, Partnership 
        for Inclusive Disaster Strategies; Dorian Herrell, 
        Director, Office of Emergency Management and Homeland 
        Security, City of Newark; Luke Koppisch, Deputy 
        Director, Alliance Center for Independence; and 
        Laurence Flint, MD, New Jersey Chapter Representative, 
        American Academy of Pediatrics Disaster Preparedness 
        Committee.
           On September 26, 2019, the Committee held a 
        hearing entitled, ``Engaging the Community: 
        Perspectives on School Security.'' The Committee 
        received testimony from Jared Maples, Director, New 
        Jersey Office of Homeland Security and Preparedness; 
        Kathy Martinez-Prather, Director, Texas School Safety 
        Center, Texas State University; Lauren Hogg, Co-
        Founder, March for Our Lives; Parkland shooting 
        survivor; and Max Schachter, Founder and CEO, Safe 
        Schools for Alex.

                        Committee Consideration

    The Committee met on October 23, 2019, with a quorum being 
present, to consider H.R. 2932 and ordered the measure to be 
reported to the House with a favorable recommendation, without 
amendment, by unanimous consent.

                            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. 2932.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

Congressional Budget Office Estimate New Budget Authority, Entitlement 
                    Authority, and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee adopts as its 
own the estimate of the estimate of new budget authority, 
entitlement authority, or tax expenditures or revenues 
contained in the cost estimate prepared by the Director of the 
Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, December 11, 2019.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for Department of Homeland 
Security Legislation.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kim Cawley.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

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    On October 23, 2019, the House Committee on Homeland 
Security ordered reported the following bills:
           H.R. 2932, the Homeland Security for 
        Children Act, which would direct the Department of 
        Homeland Security (DHS) to consider the needs of 
        children during its strategic planning activities (such 
        as preparation for natural disasters);
           H.R. 3787, the DHS Countering Unmanned 
        Aircraft Systems Coordinator Act, which would direct 
        DHS to designate one of its officials to coordinate the 
        department`s efforts to combat threats from unmanned 
        aircraft systems (or drones);
           H.R. 4737, the Department of Homeland 
        Security Climate Change Research Act, which would 
        direct DHS to assess and potentially expand upon 
        existing federal research projects that examine ways to 
        mitigate the effects of climate change on homeland 
        security programs; and
    DHS is currently carrying out activities similar to those 
required by the bills listed above, and any new activities 
required under the legislation would not require substantial 
action by the department. Thus, CBO estimates that implementing 
each bill would not have a significant cost; any spending would 
be subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is Kim Cawley. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                       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.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 2932 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

                    Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the objective of H.R. 2932 is to 
ensure that the needs of children are incorporated into DHS 
planning by authorizing the children`s technical expert 
position. Further, the legislation would enhance Federal 
accountability and support for activities to mitigate the 
impacts of natural and manmade disasters on children.

                          Advisory on Earmarks

    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(d), 9(e), or 9(f) of the rule 
XXI.

             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 directs the Undersecretary for Strategy, 
Policy, and Plans to incorporate the feedback of organizations 
that represent the needs of children into Department of 
Homeland Security-wide planning to ensure that the needs of 
children are adequately considered in homeland security 
matters.

Sec. 3. Technical Expert Authorized

    This section authorizes the children`s technical expert 
position within the Federal Emergency Management Agency. The 
children`s technical expert would be permitted to consult with 
relevant, outside organizations and experts to better integrate 
the unique needs of children in FEMA activities to prepare for, 
protect against, respond to, recover from, and mitigate against 
natural and manmade disasters.

Sec. 4. Report

    This section requires the Undersecretary for Strategy, 
Policy, and Plans to submit a report to the relevant 
Congressional Committees, detailing DHS` efforts to review and 
incorporate feedback form organizations representing the needs 
of children into Department-wide policy. This report would 
include the individual responsible for carrying out the 
requirements of this legislation, any review of Department-wide 
policies, programs, or activities intended to assess the 
suitability of incorporating feedback of organizations 
representing children in Departmental policies, programs, and 
activities; any review, modification, or change to Department 
policies, programs, and activities to incorporate the needs of 
children; Department coordination with outside organizations 
and experts representing the needs of children, and any other 
conduct done to inform any changes in policy, programs, or 
activities in order to ensure that the unique needs of children 
are adequately considered by DHS in all of its activities.

         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 (new matter is 
printed in italic 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.

           *       *       *       *       *       *       *



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