[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