[Congressional Record Volume 162, Number 84 (Thursday, May 26, 2016)]
[Senate]
[Pages S3358-S3373]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4367. Mr. JOHNSON (for himself and 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
[[Page S3359]]
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION F--DHS ACCOUNTABILITY
SECTION 6001. SHORT TITLE.
This division may be cited as the ``DHS Accountability Act
of 2016''.
SEC. 6002. DEFINITIONS.
In this division:
(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 Homeland Security Subcommittee of the Committee on
Appropriations of the Senate; and
(D) the 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 LXXI--DEPARTMENT MANAGEMENT AND COORDINATION
SEC. 6101. 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 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 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.--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. 6102. 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,
[[Page S3360]]
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 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.
[[Page S3361]]
``(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.''.
SEC. 6103. 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'';
(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. 6104. 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. 6105. 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. 6106. 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.
[[Page S3362]]
``(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 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 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 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 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, 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,
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:
[[Page S3363]]
``(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 LXXII--DEPARTMENT ACCOUNTABILITY, EFFICIENCY, AND WORKFORCE
REFORMS
SEC. 6201. 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 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''.
(c) Exclusion.--This section shall not apply to
international activities related to the protective mission of
the United States Secret Service, or to the Coast Guard when
operating under the direct authority of the Secretary of
Defense or the Secretary of the Navy.
SEC. 6202. 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 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. 6203. SOFTWARE LICENSING.
(a) In General.--Section 703 of the Homeland Security Act
of 2002 (6 U.S.C. 343), as amended by section 6202 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 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)(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.
[[Page S3364]]
SEC. 6204. WORKFORCE STRATEGY.
Section 704 of the Homeland Security Act of 2002 (6 U.S.C.
343) is amended to read as follows:
``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 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.
``(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.
``(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 (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. 6205. 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 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 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
[[Page S3365]]
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. 6206. 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;
(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. 6207. 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.--
(1) Abolishment.--The Office of the Director of
Counternarcotics Enforcement in the Department is abolished.
(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''.
TITLE LXXIII--DEPARTMENT TRANSPARENCY AND ASSESSMENTS
SEC. 6301. HOMELAND SECURITY STATISTICS AND METRICS.
(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:
``(b) Homeland Security Statistics and Joint Analysis.--
``(1) Homeland security statistics.--The Under Secretary
for Management 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 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.''.
(b) 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) 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, which shall include--
(i) estimates, using alternative methodologies, including
recidivism data, survey data,
[[Page S3366]]
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, 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, 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 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
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, 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
[[Page S3367]]
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.
(d) 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, 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).
(e) 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) 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) 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 report; 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) 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) 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. 6302. ANNUAL HOMELAND SECURITY ASSESSMENT.
(a) In General.--Title II of the Homeland Security Act of
2002 (6 U.S.C. 121 et seq.) is amended by adding at the end
the following:
``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. 6303. 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 a report on the results of the
study required under subsection (a).
SEC. 6304. 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 Science and Technology shall develop and
track indicators to demonstrate the uptake of the technology
or project among customers or end-users.
[[Page S3368]]
``(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. 6305. 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. 6306. 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. 6307. 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. 6308. 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
[[Page S3369]]
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. 6309. REPORTING REDUCTION.
(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).
(b) 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) 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) 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. 6310. 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 Homeland Security Subcommittee of the Committee
on Appropriations of the Senate; and
``(iv) the 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 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 LXXIV--MISCELLANEOUS
SEC. 6401. 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--
[[Page S3370]]
``(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
[[Page S3371]]
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'--
[[Page S3372]]
``(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. 6402. 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, acting through the
Secretary, 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 for the Secretary 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 Secretary, 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. 6403. 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) Coordination.--The President shall direct--
(A) the Secretary to develop the initial national strategy
and updates required under this subsection; and
(B) the heads of other Federal agencies, as appropriate, to
coordinate with the Secretary of Homeland Security in the
development of such strategy and updates.
(4) 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.
(5) 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--
(1) direct the Secretary to develop an implementation plan
for the Department; and
(2) coordinate with the heads of other relevant Federal
agencies to ensure the development of implementing 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.
[[Page S3373]]
(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. 6404. 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 to 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, 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.
______