[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2750 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 410
116th CONGRESS
  2d Session
                                S. 2750

                          [Report No. 116-212]

 To amend the Homeland Security Act of 2002 to authorize the Operation 
           Stonegarden grant program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 30, 2019

  Ms. McSally (for herself, Mr. Jones, and Mr. Tester) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

                            February 4, 2020

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend the Homeland Security Act of 2002 to authorize the Operation 
           Stonegarden grant program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Operation Stonegarden 
Authorization Act''.</DELETED>

<DELETED>SEC. 2. OPERATION STONEGARDEN.</DELETED>

<DELETED>    (a) In General.--Subtitle A of title XX of the Homeland 
Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the 
end the following:</DELETED>

<DELETED>``SEC. 2009. OPERATION STONEGARDEN.</DELETED>

<DELETED>    ``(a) Establishment.--There is established in the 
Department a program, which shall be known as `Operation Stonegarden', 
under which the Secretary, acting through the Administrator, shall make 
grants to eligible law enforcement agencies to enhance border security 
in accordance with this section.</DELETED>
<DELETED>    ``(b) Eligible Recipients.--A law enforcement agency is 
eligible to receive a grant under this section if the agency--
</DELETED>
        <DELETED>    ``(1) is located in--</DELETED>
                <DELETED>    ``(A) a State bordering Canada or Mexico; 
                or</DELETED>
                <DELETED>    ``(B) a State or territory with a maritime 
                border; and</DELETED>
        <DELETED>    ``(2) is involved in an active, ongoing, U.S. 
        Customs and Border Protection operation coordinated through a 
        U.S. Border Patrol sector office.</DELETED>
<DELETED>    ``(c) Permitted Uses.--Grant funds received under this 
section may be used by the grant recipient for--</DELETED>
        <DELETED>    ``(1) equipment, including maintenance and 
        sustainment costs;</DELETED>
        <DELETED>    ``(2) personnel, including overtime and backfill, 
        in support of enhanced border law enforcement 
        activities;</DELETED>
        <DELETED>    ``(3) any activity permitted for Operation 
        Stonegarden under the Department of Homeland Security's most 
        recent Homeland Security Grant Program Notice of Funding 
        Opportunity; and</DELETED>
        <DELETED>    ``(4) any other appropriate activity, as 
        determined by the Administrator, in consultation with the 
        Commissioner of U.S. Customs and Border Protection.</DELETED>
<DELETED>    ``(d) Period of Performance.--The Secretary shall award 
grants under this section to grant recipients for a period of not less 
than 36 months.</DELETED>
<DELETED>    ``(e) Report.--The Administrator shall submit a report, 
for each of the fiscal years 2020 through 2024, to the Committee on 
Homeland Security and Governmental Affairs of the Senate and the 
Committee on Homeland Security of the House of Representatives that 
contains information on the expenditure of grants made under this 
section by each grant recipient.</DELETED>
<DELETED>    ``(f) Authorization of Appropriations.--There is 
authorized to be appropriated $110,000,000 for each of the fiscal years 
2020 through 2024 for grants under this section.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 2002(a) of the Homeland 
Security Act of 2002 (6 U.S.C. 603(a)) is amended to read as 
follows:</DELETED>
<DELETED>    ``(a) Grants Authorized.--The Secretary, through the 
Administrator, may award grants under sections 2003, 2004, and 2009 to 
State, local, and tribal governments, as appropriate.''.</DELETED>
<DELETED>    (c) Clerical Amendment.--The table of contents in section 
1(b) of the Homeland Security Act of 2002 is amended by inserting after 
the item relating to section 2008 the following:</DELETED>

<DELETED>``Sec. 2009. Operation Stonegarden.''.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Operation Stonegarden Authorization 
Act''.

SEC. 2. OPERATION STONEGARDEN.

    (a) In General.--Subtitle A of title XX of the Homeland Security 
Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the 
following:

``SEC. 2009. OPERATION STONEGARDEN.

    ``(a) Establishment.--There is established in the Department a 
program, which shall be known as `Operation Stonegarden', under which 
the Secretary may award grants to States that border Canada or Mexico, 
States with an international maritime border, and eligible law 
enforcement agencies for the purpose of enhancing border security.
    ``(b) Eligible Law Enforcement Agencies.--A law enforcement agency 
is eligible to receive a grant under this section if the agency, either 
directly or through the State in which agency is located, if the 
agency--
            ``(1) is located in--
                    ``(A) a State bordering Canada or Mexico; or
                    ``(B) a State or territory with an international 
                maritime border; and
            ``(2) is involved in an active, ongoing, U.S. Customs and 
        Border Protection operation coordinated through a sector 
        office.
    ``(c) Permitted Uses.--Grant funds received under this section may 
be used by a State or an eligible law enforcement agency for--
            ``(1) equipment, including maintenance and sustainment 
        costs;
            ``(2) personnel, including overtime and backfill for law 
        enforcement personnel or non-law enforcement personnel who 
        support enhanced border law enforcement activities;
            ``(3) allowable and approved personnel costs, including 
        salaries, fringe benefits, overtime and backfill for dedicated 
        intelligence analysts supporting Operation Stonegarden 
        operations in support of enhanced border law enforcement 
        activities
            ``(4) any activity permitted for Operation Stonegarden 
        under--
                    ``(A) the Department of Homeland Security's most 
                recent Homeland Security Grant Program Notice of 
                Funding Opportunity; or
                    ``(B) the Federal Emergency Management Agency's 
                Preparedness Grants Manual; and
            ``(5) any other appropriate activity, as determined by the 
        Secretary.
    ``(d) Period of Performance.--The Secretary may award grants under 
this section to grant recipients for a period of not less than 36 
months.
    ``(e) Collection of Information.--For any fiscal year beginning on 
or after the date that is 30 days after the date of the enactment of 
the Operation Stonegarden Authorization Act for which grants are made 
under Operation Stonegarden, the Administrator shall separately collect 
and maintain financial information with respect to grants awarded under 
Operation Stonegarden, including--
            ``(1) the amount of the awards;
            ``(2) the amount obligated for the awards;
            ``(3) the amount of outlays under the awards;
            ``(4) financial plans with respect to the use of the 
        awards;
            ``(5) any funding transfers or reallocations; and
            ``(6) any adjustments to spending plans or reprogramming.
    ``(f) Administrator Oversight.--
            ``(1) In general.--The Administrator shall establish and 
        implement guidelines--
                    ``(A) to ensure that amounts made available under 
                Operation Stonegarden are used in accordance with grant 
                guidance and applicable Federal laws;
                    ``(B) to increase the proportion of each grant made 
                under Operation Stonegarden that is used for 
                operational expenses by the ultimate grantee;
                    ``(C) to improve program performance reporting and 
                program performance measurements to facilitate 
                designing, implementing, and enforcing procedures under 
                Operation Stonegarden; and
                    ``(D) to require the recording of standardized 
                performance data regarding program output.
            ``(2) Submission.--Not later than 90 days after the date of 
        the enactment of the Operation Stonegarden Authorization Act, 
        the Administrator shall submit the guidelines established under 
        paragraph (1) to--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    ``(B) the Committee on Homeland Security of the 
                House of Representatives; and
                    ``(C) the Committee on Oversight and Reform of the 
                House of Representatives.
    ``(g) Financial Review Guidelines.--
            ``(1) In general.--The Administrator, in coordination with 
        the Commissioner of U.S. Customs and Border Protection, shall 
        develop and implement guidelines establishing procedures for 
        implementing the auditing and reporting requirements set forth 
        in section 2022 with respect to Operation Stonegarden.
            ``(2) Submission.--Not later than 90 days after the date of 
        the enactment of the Operation Stonegarden Authorization Act, 
        the Administrator shall submit the guidelines developed under 
        paragraph (1) to the congressional committees listed under 
        subsection (f)(2).
    ``(h) Report and Briefing.--During each of the fiscal years 2020 
through 2024, the Administrator, in coordination with the Commissioner 
of U.S. Customs and Border Protection, shall submit a report and 
provide a briefing to the congressional committees listed under 
subsection (f)(2) that includes, for the period covered by the report--
            ``(1) information on how each recipient of a grant under 
        Operation Stonegarden expended amounts received under the 
        grant;
            ``(2) information regarding the nature of operations 
        carried out using amounts made available under Operation 
        Stonegarden; and
            ``(3) in the first report submitted under this subsection--
                    ``(A) an examination of the effects changing 
                Operation Stonegarden to award multi-year grants would 
                have on its mission; and
                    ``(B) the findings and recommendations of the 
                Administrator regarding what changes could improve 
                Operation Stonegarden, which may include feedback from 
                grant recipients.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated $110,000,000 for each of the fiscal years 2020 through 
2024 for grants under this section.''.
    (b) Conforming Amendment.--Section 2002(a) of the Homeland Security 
Act of 2002 (6 U.S.C. 603(a)) is amended to read as follows:
    ``(a) Grants Authorized.--The Secretary may award grants under 
sections 2003, 2004, and 2009 to State, tribal, territorial, and local 
governments, as appropriate.''.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 2008 the following:

``Sec. 2009. Operation Stonegarden.''.
                                                       Calendar No. 410

116th CONGRESS

  2d Session

                                S. 2750

                          [Report No. 116-212]

_______________________________________________________________________

                                 A BILL

 To amend the Homeland Security Act of 2002 to authorize the Operation 
           Stonegarden grant program, and for other purposes.

_______________________________________________________________________

                            February 4, 2020

                       Reported with an amendment