[Congressional Record Volume 162, Number 84 (Thursday, May 26, 2016)]
[Senate]
[Pages S3357-S3358]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4366. Mr. CARPER submitted an amendment intended to be proposed by
him to the bill S. 2943, to authorize appropriations for fiscal year
2017 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle I of title X, add the following:
SEC. 1097. 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 2 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 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
[[Page S3358]]
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 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 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) is amended by inserting
after the item relating to section 707 the following:
``Sec. 708. Department coordination.''.
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