[Senate Report 114-287]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 532
                                                      
114th Congress    }                                         {    Report
                               SENATE                          
 2d Session       }                                         {   114-287
_______________________________________________________________________

                                     

                                                       


                     DHS ACCOUNTABILITY ACT OF 2016

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 2976

         TO AMEND THE HOMELAND SECURITY ACT OF 2002 TO REFORM,
          STREAMLINE, AND MAKE IMPROVEMENTS TO THE DEPARTMENT
           OF HOMELAND SECURITY AND SUPPORT THE DEPARTMENT'S
     EFFORTS TO IMPLEMENT BETTER POLICY, PLANNING, MANAGEMENT, AND 
                  PERFORMANCE, AND FOR OTHER PURPOSES




                 June 28, 2016.--Ordered to be printed
                 
                         _________ 
                                  
               U.S. GOVERNMENT PUBLISHING OFFICE
 59-010                 WASHINGTON : 2016                        
                 
                 
                 
                 
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona                 THOMAS R. CARPER, Delaware
ROB PORTMAN, Ohio                    CLAIRE McCASKILL, Missouri
RAND PAUL, Kentucky                  JON TESTER, Montana
JAMES LANKFORD, Oklahoma             TAMMY BALDWIN, Wisconsin
MICHAEL B. ENZI, Wyoming             HEIDI HEITKAMP, North Dakota
KELLY AYOTTE, New Hampshire          CORY A. BOOKER, New Jersey
JONI ERNST, Iowa                     GARY C. PETERS, Michigan
BEN SASSE, Nebraska

                  Christopher R. Hixon, Staff Director
                Gabrielle D'Adamo Singer, Chief Counsel
             David S. Luckey, Director of Homeland Security
              Gabrielle A. Batkin, Minority Staff Director
           John P. Kilvington, Minority Deputy Staff Director
               Mary Beth Schultz, Minority Chief Counsel
     Stephen R. Vina, Minority Chief Counsel for Homeland Security
                     Laura W. Kilbride, Chief Clerk







                                                       Calendar No. 532
                                                       
114th Congress    }                                        {    Report
                                 SENATE                    
                                                                 
 2d Session       }                                        {    114-287

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



 
                     DHS ACCOUNTABILITY ACT OF 2016

                                _______
                                

                 June 28, 2016.--Ordered to be printed

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 2976]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 2976), to amend the 
Homeland Security Act of 2002 to reform, streamline, and make 
improvements to the Department of Homeland Security and support 
the Department's efforts to implement better policy, planning, 
management, and performance, and for other purposes, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................6
 IV. Section-by-Section Analysis......................................8
  V. Evaluation of Regulatory Impact.................................13
 VI. Congressional Budget Office Cost Estimate.......................13
VII. Changes in Existing Law Made by the Bill, as Reported...........14

                         I. Purpose and Summary

    The purpose of S. 2976, the DHS Accountability Act of 2016, 
is to improve homeland security by strengthening the Department 
of Homeland Security's (DHS or the Department) management and 
operations and improving accountability across the Department 
and assessing homeland security threats. Specifically, the 
legislation identifies new responsibilities for the 
Department's headquarters management and requires improved 
Department-wide coordination to address homeland security 
priorities. The legislation requires the Department to report 
on certain homeland security measures, such as border security 
and immigration statistics, and requires homeland security 
assessments and a plan from DHS to mitigate threats and 
vulnerabilities. The legislation establishes new rules for the 
Department's workforce, including strengthening whistleblower 
protections. Finally, the legislation requires reviews of 
foreign fighters returning from conflict areas and a national 
strategy to combat terrorist travel.

              II. Background and the Need for Legislation

    Congress created the DHS in 2002 when it passed, and 
President George W. Bush signed into law, the bipartisan 
Homeland Security Act of 2002 (HSA).\1\ The HSA formed a 
unified Department out of 22 separate components.\2\ The 
Department and its hundreds of thousands of employees have been 
instrumental in securing the nation. This is the most 
significant legislation Congress has passed to transform DHS 
since the creation of the Department.
---------------------------------------------------------------------------
    \1\6 U.S.C. App. Sec. 101, et seq.
    \2\Id.
---------------------------------------------------------------------------
    The Committee and watchdogs, including the United States 
Government Accountability Office (GAO) and the DHS Office of 
Inspector General (OIG), have identified many areas where the 
Department must continue to improve to better carry out its 
missions. During the 114th Congress, the Committee examined DHS 
through hearings and other oversight work, and identified 
numerous opportunities to increase the accountability of the 
Department to the American people, and to improve key mission 
areas such as border security.\3\
---------------------------------------------------------------------------
    \3\See, e.g., DHS Management and Acquisition Reform: Hearing Before 
the S. Comm. on Homeland Sec. & Governmental Affairs, 114th Cong. 
(2016); Frustrated Travelers: Rethinking TSA Operations to Improve 
Passenger Screening and Address Threats to Aviation: Hearing Before the 
S. Comm. on Homeland Sec. and Governmental Affairs, 114th Cong. (2016); 
Securing the Border: Fencing, Infrastructure, and Technology Force 
Multipliers: Hearing Before the S. Comm. on Homeland Sec. and 
Governmental Affairs, 114th Cong. (2015); Visa Waiver Program: 
Implications for U.S. National Security: Hearing Before the S. Comm. on 
Homeland Sec. and Governmental Affairs, 114th Cong. (2015); Securing 
the Border: Understanding and Addressing the Root Causes of Central 
American Migration to the United States: Hearing Before the S. Comm. on 
Homeland Sec. and Governmental Affairs, 114th Cong. (2015). In November 
2015, staff for Chairman Ron Johnson issued a majority staff report 
providing a summary of the majority staff's findings from the 
Committee's border security hearings, as well as a primer on key border 
security issues and recommendations for small reforms that could move 
the country closer to a secure border. Senator Ron Johnson, Majority 
Staff Report: The State of America's Border Security, Committee on 
Homeland Security and Governmental Affairs, 114th Cong. (Nov. 23, 
2015). Staff for the then-Ranking Member of the Committee, Senator Tom 
Coburn, issued a minority staff report reviewing DHS in January 2015. 
Senator Tom Coburn, A Review of the Department of Homeland Security's 
Missions and Performance, 113th Cong. (Jan. 2015).
---------------------------------------------------------------------------
    The DHS Accountability Act enhances the accountability of 
DHS by improving the effectiveness and unity of the Department, 
increasing transparency, reducing waste and inefficiency, and 
strengthening Congressional oversight. Specifically, the bill 
requires the Department to improve its headquarters management 
and coordination of its component offices through unity of 
effort reforms, joint task forces, and joint duty assignments; 
creates new accountability measures, including new performance 
measures and efficiency reviews; establishes workforce reforms 
to strengthen the Department's personnel management; and 
requires independent assessments of homeland security by the 
DHS Office of Intelligence and Analysis and the Inspector 
General to identify areas that must be addressed and requires 
the Homeland Security Secretary to respond to the findings of 
the Inspector General.

Strengthening Homeland Security

    The security of our nation continues to face serious 
threats, including threats due to violent extremism, illegal 
drug trafficking, and foreign fighters.\4\ Despite the threat 
of violent extremism, Congress has not authorized or codified 
an office at the Department responsible for coordinating and 
overseeing activities to counter violent extremism.\5\ The bill 
establishes within the Department an Office of Partnerships 
Against Violent Extremism, headed by an Assistant Secretary. 
The Office will lead the efforts of the Department to counter 
violent extremism, including collaborating with communities and 
civil society groups to address vulnerabilities that can be 
exploited by violent extremists.
---------------------------------------------------------------------------
    \4\Department of Homeland Security, The 2014 Quadrennial Homeland 
Security Review (June 18, 2014), available at https://www.dhs.gov/
sites/default/files/publications/2014-qhsr-final-508.pdf.
    \5\See DHS Management and Acquisition Reform: Hearing Before the S. 
Comm. on Homeland Sec. & Governmental Affairs, 114th Cong. (2016).
---------------------------------------------------------------------------
    The legislation also includes language to require the 
Federal Government to review information about individuals who 
have traveled or attempted to travel from the United States to 
support terrorist organizations in Iraq or Syria. This 
legislation, which was added to the bill as an amendment, is 
based on similar language in H.R. 4402, the Foreign Fighter 
Review Act, which passed the House of Representatives on 
February 23, 2016, and was referred to the Committee.\6\ An 
amendment was also added to this bill to require a national 
strategy to combat terrorist travel. This language is based on 
language from H.R. 4408, the National Strategy to Combat 
Terrorist Travel Act, which passed the House of Representatives 
on February 23, 2016.\7\ Together, these provisions will 
improve the nation's ability to prevent terrorist attacks from 
homegrown extremists, individuals seeking to return to the 
United States after traveling to conflict areas, and foreign 
terrorists seeking to enter the United States.
---------------------------------------------------------------------------
    \6\Foreign Fighter Review Act, H.R. 4402 (114th Cong.).
    \7\National Strategy to Combat Terrorist Travel Act, H.R. 4408 
(114th Cong.).
---------------------------------------------------------------------------
    Additionally, the legislation includes language from S. 
1808, the Northern Border Security Review Act, reported by the 
Committee in October 2015, which requires the Secretary to 
develop a northern border threat analysis of current and 
potential terrorism or criminal threats posed by individuals or 
organized groups seeking to enter or exploit the northern 
border of the United States. The threat analysis will further 
identify gaps in law and policy, and determine whether 
additional U.S. Customs and Border Protection preclearance and 
pre-inspection operations at ports of entry along the Northern 
Border could help prevent terrorists and instruments of terror 
from entering the United States. The analysis will assist 
Congress and the Department in identifying improvements 
necessary to make the Northern Border less susceptible to 
terrorist and criminal activity.

Department management and coordination

    For thirteen years, DHS has been included on the GAO High 
Risk List, in part, because components and management functions 
have not fully been integrated across the Department.\8\ While 
significant progress has been made on this issue over the last 
several years, the Department's management remains on GAO's 
High Risk List, and continues to leave the Department 
vulnerable to waste and inefficiency.\9\ According to GAO, DHS 
must have effective collaboration and integration of its 
components and management functions to have a cohesive and 
effective department greater than the sum of its parts.\10\ GAO 
highlighted that the Department's Unity of Effort initiative 
has assisted DHS in addressing these issues; however, the 
initiative is in the early stages, and the Department has not 
demonstrated sustained progress--a requirement for removal from 
the GAO High Risk List.\11\
---------------------------------------------------------------------------
    \8\Gov't Accountability Office, GAO-15-290, High-Risk Series: An 
Update (2015) [hereinafter GAO-15-290, High-Risk Series: An Update].
    \9\Gov't Accountability Office, GAO-16-507T, Progress Made, but 
Work Remains in Strengthening Acquisition and Other Management 
Functions (2016).
    \10\GAO-15-290, High-Risk Series: An Update at 209.
    \11\Id. at 5, 218.
---------------------------------------------------------------------------
    To this end, S. 2976 codifies several critical aspects of 
the Department's Unity of Effort initiative to ensure that DHS 
management continues to integrate and address GAO's concerns. 
For example, the bill provides the Secretary the authority to 
establish initiatives to enhance coordination among the 
Department and components, including Department Leadership 
Councils, a Joint Requirements Council, Joint Operational 
Plans, Joint Task Forces, a Joint Duty Training Program, and a 
Joint Duty Assignment Program. These initiatives would help 
strengthen collaboration between DHS headquarters and its 
components and provide a more coordinated approach to how the 
Department protects the homeland.

Department transparency and assessments

    DHS has relied on a variety of metrics to measure its 
progress in securing the border, such as the resources sent to 
the border or the number of people apprehended.\12\ Over time, 
the Department adopted and then dropped various measures to 
track border security, failing to settle on a consistent 
framework that can measure long-term trends.\13\ Moreover, the 
data has not always been publicly reported.\14\ Mirroring S. 
1864, introduced by Chairman Ron Johnson, Senator John Cornyn, 
and Senator John McCain on July 27, 2015, and approved by the 
Committee on July 29, 2015,\15\ the legislation enhances the 
ability of the Department to assess its progress in securing 
the border by requiring consistent, regular, and robust border 
security performance measures across all land and maritime 
borders, and requires DHS to make its data available to the 
public, subject to applicable privacy laws.
---------------------------------------------------------------------------
    \12\See, e.g., Jeh Johnson, Sec'y, Dep't of Homeland Sec., Address 
at the Center for Strategic and International Studies: Border Security 
in the 21st Century (Oct. 9, 2014), available at http://www.dhs.gov/
news/2014/10/09/remarks-secretary-homeland-security-jeh-johnson-border-
security-21st-century; Jeh Johnson, Sec'y, Dep't of Homeland Sec., 
Address at Rice University: Immigration: Perception Versus Reality 
(June 8, 2015), available at http://www.dhs.gov/news/2015/06/08/
remarks-secretary-johnson-immigration-perception-versus-reality.
    \13\Bipartisan Policy Center, Measuring the Metrics: Grading the 
Government on Immigration Enforcement 10-13 (Feb. 2015), available at 
http://bipartisanpolicy.org/wp-content/uploads/2015/02/
BPC_Immigration_MeasuringEnforcement.pdf (citing at least four 
different core measures agencies have utilized in the context of border 
control for the southwest border in the past fifteen years).
    \14\See id. at 1.
    \15\S. Rep. No. 114-152 (2015).
---------------------------------------------------------------------------
    In addition to publically available border metrics, S. 2976 
increases transparency by requiring DHS to publish more 
information regarding research and development projects on its 
public website. DHS shall develop, maintain and publish a 
detailed list of each research and development project that is 
not classified, including the component responsible for the 
project. Further, the Department will publish a definition for 
the term ``research and development.''
    Both the DHS OIG and GAO have identified numerous actions 
the Department can take to use taxpayer dollars more 
efficiently, from reducing duplicative functions to planning 
information technology investments more effectively.\16\ This 
legislation requires that the Secretary lead a cost savings and 
efficiency review across the Department; requires an 
information technology strategic plan to ensure investments are 
aligned with mission priorities; prohibits the purchase of 
excess software licenses; requires a review of international 
affairs offices and functions to eliminate areas of unnecessary 
duplication; requires development of workforce strategy plans; 
and, requires the Secretary to submit to Congress an action 
plan that addresses recommendations issued in GAO's annual 
duplication and cost savings report.
---------------------------------------------------------------------------
    \16\Gov't Accountability Office, GAO-16-375SP, 2016 Annual Report: 
Additional Opportunities to Reduce Fragmentation, Overlap, and 
Duplication and Achieve Other Financial Benefits (2016); Department of 
Homeland Security, Office of Inspector General, Semiannual Report to 
the Congress: October 1, 2014 Through March 31, 2015 (Apr. 30, 2015), 
available at https://www.oig.dhs.gov/assets/SAR/
OIG_SAR_Oct01_Mar31.pdf.
---------------------------------------------------------------------------
    The legislation also requires that the DHS OIG identify 
instances wherein a grant or contract was improperly awarded to 
a suspended or debarred entity.

Department accountability: protecting whistleblowers and reforming the 
        workforce

    This Committee has a history of working on a bipartisan 
basis to protect Federal whistleblowers that come forward to 
report waste, fraud, and abuse, and seek the protections of the 
Whistleblower Protection Act.\17\ The Committee held a hearing 
with testimony from alleged whistleblowers from a number of 
agencies, including DHS components, and conducted oversight 
investigations of the Department, and found a number of areas 
where legislation could enhance whistleblower protections at 
the Department.\18\ S. 2976 requires the Secretary to inform 
employees of their whistleblower protection rights, requires 
training for supervisors, and codifies minimum suspension 
periods for supervisors that retaliate against whistleblowers.
---------------------------------------------------------------------------
    \17\See, e.g., the Whistleblower Protection Enhancement Act of 
2012, Pub. L. No. 112-199 (112th Cong.) (2012); The Dr. Chris 
Kirkpatrick Whistleblower Protection Act, S. 2127, 114th Cong. (2015) 
(approved by the Committee in 2015).
    \18\See, e.g., Blowing the Whistle on Retaliation: Accounts of 
Current and Former Federal Agency Whistleblowers: Hearing Before the S. 
Comm. on Homeland Sec. & Governmental Affairs, 114th Cong. (2015).
---------------------------------------------------------------------------
    Finally, GAO has reported that policies on paid 
administrative leave differ across the Federal Government, with 
some agencies recording leave that is otherwise authorized by 
Congress--certain union activities, certain military 
activities, serving as an organ donor, and jury duty--as 
administrative leave.\19\ In addition, GAO found that 116 DHS 
employees from fiscal years 2011 through 2015 were on 
administrative leave for at least one year, costing American 
taxpayers $19.8 million.\20\ The vast majority of these 
individuals were eventually separated from the Department.\21\ 
To address issues raised by GAO and other oversight groups, the 
legislation defines ``administrative leave'' for the first time 
in Federal statute, limits the broad variation of its use by 
all Federal agencies, and encourages Federal agencies to use 
administrative leave only as a last resort by utilizing tools 
such as temporary reassignment or telework arrangements where 
possible. The legislation also requires agencies to improve 
accounting procedures of when they use administrative leave.
---------------------------------------------------------------------------
    \19\Gov't Accountability Office, GAO-15-79, Federal Paid 
Administrative Leave: Additional Guidance Needed to Improve OPM Data 
(2014).
    \20\Gov't Accountability Office, GAO-16-342, Administrative Leave: 
Evaluation of DHS'S New Policy Can Help Identify Progress Toward 
Reducing Leave Use 8 (2016).
    \21\Id. at 11.
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Conclusion

    S. 2976 improves the Department's ability to accomplish its 
mission of securing the homeland from the myriad threats it 
faces. With this legislation, the Committee believes DHS can be 
even more effective in its mission, while also being more 
transparent to Congress and accountable to the American people.

                        III. Legislative History

    Chairman Ron Johnson (R-WI.) introduced S. 2976 on May 23, 
2016, with Ranking Member Tom Carper (D-DE.). The bill was 
referred to the Committee on Homeland Security and Governmental 
Affairs. The Committee considered S. 2976 at a business meeting 
on May 25, 2016.
    During the business meeting, nine amendments were offered 
and accepted. Senator James Lankford offered an amendment to 
modify, streamline, and make improvements to DHS administrative 
leave policies. The amendment was subsequently amended by a 
second degree amendment offered by himself and Senator Jon 
Tester to make the provisions in the amendment applicable to 
all Federal agencies, not just DHS. As a result of the 
modification, the Tester/Lankford amendment mirrors S. 2450, 
the Administrative Leave Act of 2016. The Lankford amendment, 
as amended by the Tester-Lankford second degree amendment, was 
adopted by voice vote with Senators Johnson, Paul, Lankford, 
Ernst, Sasse, Carper, Tester, Baldwin, Heitkamp, Booker, and 
Peters present.
    Senator James Lankford offered an amendment to require an 
annual public report on the personnel and other resources that 
each DHS component provides to a Joint Task Force. Senator 
Lankford modified the amendment to limit distribution of the 
annual report to Congress because of the sensitive nature of 
the data. The modified amendment was adopted by voice vote with 
Senators Johnson, Paul, Lankford, Ernst, Sasse, Carper, Tester, 
Baldwin, Heitkamp, Booker, and Peters present.
    Senator James Lankford offered an amendment to change the 
cost savings and efficiencies review required in Section 206 of 
the DHS Accountability Act to add an examination of the 
functions and interactions between management and 
administrative offices at DHS headquarters, components, and 
other Federal agencies, including the Office of Personnel 
Management (OPM) and the General Services Administration (GSA). 
The amendment encourages DHS to look for opportunities to use 
shared services to perform support functions to promote process 
efficiencies and encourages DHS to use best practices to 
determine whether there are better ways to provide back office 
support to the Department. Senator Lankford modified the 
amendment to limit examination to DHS components and OPM and 
GSA. The modified amendment was adopted by voice vote with 
Senators Johnson, Paul, Lankford, Ayotte, Ernst, Sasse, Carper, 
Tester, Baldwin, Heitkamp, Booker, and Peters present.
    Senators Kelly Ayotte and Senator Joni Ernst offered an 
amendment to require the Secretary of Homeland Security to 
conduct a review of known instances in which a person has 
traveled or attempted to travel since 2011 to a conflict zone 
in Iraq or Syria from the United States to join or provide 
material support or resources to a terrorist organization, and 
provide a report based on the review to Congress. The amendment 
was adopted by voice vote with Senators Johnson, Paul, 
Lankford, Ernst, Sasse, Carper, Tester, Baldwin, Heitkamp, 
Booker, and Peters present.
    Senators Ayotte and Ernst also offered an amendment to 
express the sense of Congress that the United States should 
regularly assess the evolving terrorist threat to the United 
States; catalog existing efforts to obstruct terrorist and 
foreign fighter travel into, out of, and within the United 
States, as well as overseas; identify efforts that could be 
streamlined, consolidated, or eliminated; identify any 
vulnerabilities; and prioritize resources to take a risk-based 
approach to security vulnerabilities. The amendment also 
requires the President to submit a report to Congress on the a 
national strategy to combat terrorist travel. The amendment was 
adopted by voice vote with Senators Johnson, Paul, Lankford, 
Ernst, Sasse, Carper, Tester, Baldwin, Heitkamp, Booker, and 
Peters present.
    An amendment was offered by Senator Claire McCaskill to 
require DHS to submit to Congress a plan to address the areas 
identified by the annual GAO report on duplication and 
fragmentation, and an estimated date of completion of the plan. 
The amendment was modified twice and adopted by voice vote with 
Senators Johnson, Paul, Lankford, Ernst, Sasse, Carper, Tester, 
Baldwin, Heitkamp, Booker, and Peters present.
    Senator Heidi Heitkamp offered an amendment to change 
language in the bill from ``capability gaps in homeland 
security defenses to address such threats'' to ``capability of 
the Department to address those threats'' in the section of the 
bill that required the Under Secretary for Intelligence and 
Analysis to conduct an annual assessment of the current threats 
to homeland security and capability gaps in homeland security 
defenses to address such threats. The amendment also requires 
the DHS OIG to provide a report, which includes an assessment 
of the capability of the Department to address the threats 
identified by DHS. The amendment more clearly describes the 
requirements of the threat assessment, and ensures that 
mitigation steps identified by the assessment are directed at 
DHS. The amendment was adopted by voice vote with Senators 
Johnson, Paul, Lankford, Ernst, Sasse, Carper, Tester, Baldwin, 
Heitkamp, Booker, and Peters present.
    Senator Heitkamp offered another amendment to codify, in 
the HSA, the DHS Chief Human Capital Officer (CHCO) position 
and his or her responsibilities. The amendment was adopted by 
voice vote with Senators Johnson, Paul, Lankford, Ernst, Sasse, 
Carper, Tester, Baldwin, Heitkamp, Booker, and Peters present.
    Senator Heitkamp, for herself and Senator Ayotte, offered 
an amendment to require the Secretary of Homeland Security to 
conduct and submit a threat analysis of the Northern Border to 
the appropriate congressional committees. The amendment mirrors 
S. 1808, the Northern Border Security Review Act, which was 
reported by the Committee in October 2015. The amendment was 
adopted by voice vote with Senators Johnson, Paul, Lankford, 
Ernst, Sasse, Carper, Tester, Baldwin, Heitkamp, Booker, and 
Peters present.
    The Committee ordered the bill, as amended by the nine 
amendments discussed above, reported favorably by roll call 
vote. Fourteen Senators voted in the affirmative: Johnson, 
Portman, Paul, Lankford, Ayotte, Ernst, Sasse, Carper, 
McCaskill, Tester, Baldwin, Heitkamp, Booker, and Peters. For 
the record only, Senators McCain and Enzi voted aye by proxy. 
No Senator voted in the negative.
    Consistent with the Committee's order on technical and 
conforming changes at the meeting, the Committee reports the 
bill with technical and conforming changes by mutual agreement 
of the full Committee majority and minority staff.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title; table of contents

    This section provides the bill's short title, the ``DHS 
Accountability Act of 2016,'' and its table of contents.

Section 2. Definitions

    This section defines terms applicable to the bill, 
including ``congressional homeland security committees,'' 
``Department,'' and ``Secretary.''

            TITLE I--DEPARTMENT MANAGEMENT AND COORDINATION

Section 101. Management and execution

    This section designates the Under Secretary for Management 
(USM) as the first assistant to the Deputy Secretary and 
provides the responsibilities of this officer; authorizes an 
Under Secretary of Strategy, Policy, and Plans; requires the 
Secretary to notify Congress of vacancies in certain senior 
positions; authorizes the Secretary to designate other officers 
further in succession to serve as Acting Secretary; revises the 
definition of management integration and transformation in the 
HSA; and requires DHS to report to GAO on the status of the 
Department's planned actions for removal from the GAO High Risk 
List.

Section 102. Department coordination

    This section provides the Secretary the authority to 
establish initiatives to enhance coordination among the 
Department and components, including Department Leadership 
Councils, a Joint Requirements Council, Joint Operational 
Plans, Joint Task Forces, a Joint Duty Training Program, and a 
Joint Duty Assignment Program.

Section 103. National Operations Center

    This section requires Federal agencies to provide the 
National Operations Center with timely information pertaining 
to homeland security issues.

Section 104. Homeland Security Advisory Council

    This section requires that the Secretary establish a 
Homeland Security Advisory Council to provide advice and 
recommendations on homeland security and homeland security-
related matters.

Section 105. Strategy, policy, and plans

    This section codifies the existing Office of Policy at DHS 
and renames it the Office of Strategy, Policy, and Plans, to be 
headed by an Under Secretary. The office is to lead, conduct, 
and coordinate Department-wide policy development and 
implementation, strategic planning, and homeland security 
statistics and joint analysis. The office is to be headed by an 
Under Secretary for Strategy, Policy, and Plans who shall serve 
as the principal policy advisor to the Secretary.

Section 106. Authorization of the Office for Partnerships Against 
        Violent Extremism of the Department of Homeland Security

    This section establishes within DHS the Office for 
Partnerships Against Violent Extremism, to be headed by an 
Assistant Secretary. The office shall be responsible for 
leading DHS efforts to counter violent extremism. This section 
also requires DHS to submit to Congress a comprehensive DHS 
strategy, a strategic implementation plan to counter violent 
extremism in the United States, and annual reports and annual 
reviews.

 TITLE II--DEPARTMENT ACCOUNTABILITY, EFFICIENCY, AND WORKFORCE REFORMS

Section 201. Duplication review

    This section requires that DHS complete and report on a 
review of the international affairs offices, functions, and 
responsibilities of the Department to identify and eliminate 
areas of unnecessary duplication.

Section 202. Information technology strategic plan

    This section requires the Chief Information Officer (CIO) 
to develop, make public, and submit to the congressional 
homeland committees an information technology strategic plan 
every five years. The DHS information technology strategic plan 
shall include an estimated date by which DHS will identify and 
eliminate unnecessary duplicative, legacy, and outdated 
information technology.

Section 203. Software licensing

    This section requires that the CIO conduct a DHS-wide 
inventory of all existing software licenses held by DHS and 
assess the needs of DHS for software licenses for the 
subsequent two fiscal years. The section also prohibits DHS 
from procuring excess software licenses.

Section 204. Workforce strategy

    This section codifies the CHCO position at DHS, and 
identifies the senior official's responsibilities, including 
developing and implementing strategic workforce planning 
policies, developing performance measures to evaluate strategic 
workforce planning efforts, and implementing policies to 
bolster the Department's workforce. This section also requires 
DHS to develop and implement strategic workforce planning 
policies and mandates the submission of an annual report to 
congressional homeland security committees containing 
information on the Department's progress toward fulfilling the 
workforce strategies required to be developed. The section also 
requires DHS components to coordinate with the CHCO to develop 
a five-year workforce strategy for human resource management.

Section 205. Whistleblower protections

    This section requires that certain minimum disciplinary 
actions be taken against supervisors that commit a prohibited 
personnel action against whistleblowers, training on how to 
respond to complaints alleging a violation of whistleblower 
protections, and codifies responsibilities of the Secretary 
with regard to whistleblower protections.

Section 206. Cost savings and efficiency reviews

    This section mandates that the Secretary, acting through 
the USM, shall submit a report to the congressional homeland 
security committees that provides a detailed inventory of the 
management and administrative expenditures and activities of 
DHS components; examines the major physical assets and size, 
experience level, and geographic distribution of DHS 
operational personnel; makes recommendations to reduce 
deficiencies in DHS's capabilities, reduce costs, and enhance 
efficiencies; and, examines whether there is any unnecessary 
duplication amongst personnel who perform these functions at 
headquarters, with those at the DHS components, Office of 
Personnel Management and General Services Administration.

Section 207. Abolishment of certain offices

    This section abolishes the position of Director of Shared 
Services and the Office of the Director of Counternarcotics 
Enforcement.

           TITLE III--DEPARTMENT TRANSPARENCY AND ASSESSMENTS

Section 301. Homeland security metrics

    This section requires that the Secretary provide numbers of 
persons known to have overstayed their visa and the estimated 
percentage of persons believed to have overstayed their visa, 
along with enforcement actions taken. The section also requires 
the Department to assess its progress in securing the border by 
requiring consistent, regular, and robust border security 
performance measures across all land and maritime of our 
borders, and requires DHS to make its data available to the 
public, subject to applicable privacy laws.

Section 302. Annual homeland security assessment

    This section requires that the Under Secretary for 
Intelligence and Analysis to conduct an annual assessment of 
the current threats to homeland security and capability gaps in 
homeland security defenses to address such threats. The section 
requires the DHS OIG to assess the capability of the Department 
to address the threats identified in the DHS report, and for 
the Secretary to review both assessments and report to the 
congressional homeland security committees on how it will 
mitigate the identified threats and capability gaps.

Section 303. Department transparency

    This section requires the Administrator of the Federal 
Emergency Management Agency to initiate a study to determine 
the feasibility of providing to Congress information on the use 
of certain federal grant awards by entities that receive grants 
under the Urban Security Initiative and the State Homeland 
Security Grant Program.

Section 304. Transparency in research and development

    This section requires that the Secretary maintain a 
detailed list, accessible on the website of the Department, of 
each research and development project that is not classified, 
and submit a list of classified projects to Congress.

Section 305. Reporting on National Bio- and Agro-Defense Facility

    This section requires that the Secretary submit to the 
congressional homeland security committees a report on the 
National Bio- and Agro-defense Facility twice each year, 
including the status of the construction and a description of 
activities carried out to decommission the Plum Island Animal 
Disease Center.

Section 306. Inspector General oversight of suspension and debarment

    This section requires the DHS OIG to conduct an audit of 
grant and procurement award decisions to ensure that entities 
suspended or debarred from receiving federal funds are not 
improperly receiving awards. The DHS Inspector General must 
also review the DHS suspension and debarment program to assess 
whether program criteria are being consistently applied 
throughout DHS.

Section 307. Future Years Homeland Security Program

    This section ensures that the Future Years Homeland 
Security Program includes estimates for acquisition cost and 
deployment schedules for major acquisitions for the fiscal year 
for which the report is submitted and the four succeeding 
fiscal years.

Section 308. Quadrennial homeland security review

    This section ensures that the Quadrennial Homeland Security 
Review includes a review of the capabilities and capacities 
across the homeland security enterprise to identify redundant, 
wasteful, or unnecessary capabilities and capacities.

Section 309. Reporting reduction

    This section terminates and modifies certain reporting 
requirements of the Department, including the termination of an 
annual budget review by the Director of the Office of 
Counternarcotics Enforcement, which no longer exists.

Section 310. Additional definitions

    This section codifies certain definitions in the HSA, 
including ``congressional homeland security committees'' and 
``best practices.''

                        TITLE IV--MISCELLANEOUS

Section 401. Administrative leave

    This section defines ``administrative leave'' for the first 
time in Federal statute, limits the broad variation of its use 
by all Federal agencies, and encourages Federal agencies to use 
administrative leave only as a last resort by utilizing tools 
like temporary reassignment or telework arrangements where 
possible. The section also requires agencies to keep better 
accounting of when they use administrative leave and other 
forms of non-duty paid leave.

Section 402. United States Government review of certain foreign 
        fighters

    This section requires the President to review known 
instances of travel or attempted travel to the conflict zone in 
Iraq or Syria since 2011 and provide the information to the 
appropriate congressional committees. The scope of the review 
shall ``ascertain which factors, including operational issues, 
security vulnerabilities, systemic challenges, or other issues, 
which may have undermined efforts to prevent the travel'' of 
such persons, including ``issues related to the timely 
identification of suspects, information sharing, intervention, 
and interdiction . . .''. The report is due to certain 
Congressional committees 120 days after enactment. No funds are 
authorized to be appropriated to carry out the review or 
report.

Section 403. National Strategy to combat terrorist travel

    This section requires the President to submit a national 
strategy to combat terrorist travel to the appropriate 
congressional committees. The initial strategy shall be 
submitted within 180 days of enactment. Updated strategies 
shall be submitted to the appropriate committees within 180 
days after the inauguration of a new President. The President 
shall direct the Secretary of Homeland Security to coordinate 
with other agencies, as appropriate. The contents of the 
national strategy shall include an accounting and description 
of all Federal programs to constrain domestic and international 
travel by terrorists and foreign fighters, identify specific 
security vulnerabilities that could be exploited, delineate 
goals for closing vulnerabilities, and describe actions to be 
taken to improve programs to align with the current threat 
environment. The section also requires the President to direct 
agency heads to develop implementation plans for each agency 
and annually provide updates on the plan. No funds are 
authorized to be appropriated to carry out the national 
strategy or implementation plans.

Section 404. Northern border threat analysis

    This section requires the Secretary of Homeland Security to 
develop and submit to the appropriate congressional committees 
a threat analysis of current and potential terrorism and 
criminal threats posed by individuals or groups seeking to 
enter or exploit the northern border of the United States. The 
threat analysis will further identify gaps in law and policy, 
and determine whether additional U.S. Customs and Border 
Protection preclearance and pre-inspection operations at ports 
of entry along the Northern Border could help prevent 
terrorists and instruments of terror from entering the United 
States. The analysis will assist Congress and the Department in 
identifying improvements necessary to make the Northern Border 
less susceptible to terrorist and criminal activity.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                                     June 24, 2016.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2976, the DHS 
Accountability Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 2976--DHS Accountability Act of 2016

    S. 2976 would aim to improve the management and 
accountability of the Department of Homeland Security (DHS). 
The bill also would direct DHS to develop various metrics to 
evaluate the effectiveness of security measures at the United 
States border and to conduct an analysis of potential threats 
and security gaps along the northern border of the United 
States. The bill would require a total of about a dozen 
reports, reviews, or assessments by DHS, the department's 
Office of Inspector General, and the Government Accountability 
Office. Several of the reports or reviews would be prepared 
annually.
    Based on information from DHS and the cost of similar 
activities, CBO estimates that implementing S. 2976 would cost 
about $4 million in 2017 and about $1 million annually 
thereafter, assuming appropriation of the necessary funds. 
Enacting the legislation would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting S. 2976 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    S. 2976 contains no private-sector or intergovernmental 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 2976 as reported are shown as follows (existing law proposed 
to be omitted is enclosed in brackets, new matter is printed in 
italic, and existing law in which no change is proposed is 
shown in roman):

HOMELAND SECURITY ACT OF 2002

           *       *       *       *       *       *       *


SECTION 2. DEFINITIONS

    In this Act, the following definitions apply:
          (1) The term `acquisition' has the meaning given the 
        term in section 131 of title 41, United States Code.
          [(1)] (2) Each of the terms ``American homeland'' and 
        ``homeland'' means the United States.
          [(2)] (3)
                  (A) The term ``appropriate congressional 
                committee'' means any committee of the House of 
                Representatives or the Senate having 
                legislative or oversight jurisdiction under the 
                Rules of the House of Representatives or the 
                Senate, respectively, over the matter 
                concerned.
                (B) The term `congressional homeland security 
                committees' means--
                          (i) the Committee on Homeland 
                        Security and Governmental Affairs of 
                        the Senate;
                          (ii) the Committee on Homeland 
                        Security of the House of 
                        Representatives;
                          (iii) the Subcommittee on Homeland 
                        Security of the Committee on 
                        Appropriations of the Senate; and
                          (iv) the Subcommittee on Homeland 
                        Security of the Committee on 
                        Appropriations of the House of 
                        Representatives.
          [(3)] (4) The term ``assets'' includes contracts, 
        facilities, property, records, unobligated or 
        unexpended balances of appropriations, and other funds 
        or resources (other than personnel).
          (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.
          [(4)] (6) The term ``critical infrastructure'' has 
        the meaning given that term in section 1016(e) of 
        Public Law 107-56 (42 U.S.C. 5195c(e)).
          [(5)] (7) The term ``Department'' means the 
        Department of Homeland Security.
          [(6)] (8) The term ``emergency response providers'' 
        includes Federal, State, and local governmental and 
        nongovernmental emergency public safety, fire, law 
        enforcement, emergency response, emergency medical 
        (including hospital emergency facilities), and related 
        personnel, agencies, and authorities.
          [(7)] (9) The term ``executive agency'' means an 
        executive agency and a military department, as defined, 
        respectively, in sections 105 and 102 of title 5, 
        United States Code.
          [(8)] (10) The term ``functions'' includes 
        authorities, powers, rights, privileges, immunities, 
        programs, projects, activities, duties, and 
        responsibilities.
          (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.
          [(9)] (12) The term ``intelligence component of the 
        Department'' means any element or entity of the 
        Department that collects, gathers, processes, analyzes, 
        produces, or disseminates intelligence information 
        within the scope of the information sharing 
        environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, or national intelligence, as defined under 
        section 3(5) of the National Security Act of 1947 (50 
        U.S.C. 401a(5)), except--
                  (A) the United States Secret Service; and
                  (B) the Coast Guard, when operating under the 
                direct authority of the Secretary of Defense or 
                Secretary of the Navy pursuant to section 3 of 
                title 14, United States Code, except that 
                nothing in this paragraph shall affect or 
                diminish the authority and responsibilities of 
                the Commandant of the Coast Guard to command or 
                control the Coast Guard as an armed force or 
                the authority of the Director of National 
                Intelligence with respect to the Coast Guard as 
                an element of the intelligence community (as 
                defined under section 3(4) of the National 
                Security Act of 1947 (50 U.S.C. 401a(4)).
          [(10)] (13) The term ``key resources'' means publicly 
        or privately controlled resources essential to the 
        minimal operations of the economy and government.
          [(11)] (14) The term ``local government'' means--
                  (A) a county, municipality, city, town, 
                township, local public authority, school 
                district, special district, intrastate 
                district, council of governments (regardless of 
                whether the council of governments is 
                incorporated as a nonprofit corporation under 
                State law), regional or interstate government 
                entity, or agency or instrumentality of a local 
                government;
                  (B) an Indian tribe or authorized tribal 
                organization, or in Alaska a Native village or 
                Alaska Regional Native Corporation; and
                  (C) a rural community, unincorporated town or 
                village, or other public entity.
          [(12)] (15) The term ``major disaster'' has the 
        meaning given in section 102(2) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5122).
          (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).
          [(13)] (17) The term ``personnel'' means officers and 
        employees.
          [(14)] (18) The term ``Secretary'' means the 
        Secretary of Homeland Security.
          [(15)] (19) The term ``State'' means any State of the 
        United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
        American Samoa, the Commonwealth of the Northern 
        Mariana Islands, and any possession of the United 
        States.
          [(16)] (20) The term ``terrorism'' means any activity 
        that--
                  (A) involves an act that--
                          (i) is dangerous to human life or 
                        potentially destructive of critical 
                        infrastructure or key resources; and
                          (ii) is a violation of the criminal 
                        laws of the United States or of any 
                        State or other subdivision of the 
                        United States; and
                  (B) appears to be intended--
                          (i) to intimidate or coerce a 
                        civilian population;
                          (ii) to influence the policy of a 
                        government by intimidation or coercion; 
                        or
                          (iii) to affect the conduct of a 
                        government by mass destruction, 
                        assassination, or kidnapping.
          [(17)] (21)(A) The term ``United States'', when used 
        in a geographic sense, means any State of the United 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, 
        the Commonwealth of the Northern Mariana Islands, any 
        possession of the United States, and any waters within 
        the jurisdiction of the United States.
          (B) Nothing in this paragraph or any other provision 
        of this Act shall be construed to modify the definition 
        of ``United States'' for the purposes of the 
        Immigration and Nationality Act or any other 
        immigration or nationality law.
          [(18)] (22) The term ``voluntary preparedness 
        standards'' means a common set of criteria for 
        preparedness, disaster management, emergency 
        management, and business continuity programs, such as 
        the American National Standards Institute's National 
        Fire Protection Association Standard on Disaster/
        Emergency Management and Business Continuity Programs 
        (ANSI/NFPA 1600).

           *       *       *       *       *       *       *


TITLE I--DEPARTMENT OF HOMELAND SECURITY

           *       *       *       *       *       *       *


SEC. 102. SECRETARY; FUNCTIONS

    (a) * * *
    (b) Functions.--The Secretary--
          (1) * * *
          (2) shall have the authority to make contracts, 
        grants, and cooperative agreements, and to enter into 
        agreements with other executive agencies, as may be 
        necessary and proper to carry out the Secretary's 
        responsibilities under this Act or otherwise provided 
        by law; [and]
          (3) shall take reasonable steps to ensure that 
        information systems and databases of the Department are 
        compatible with each other and with appropriate 
        databases of other Departments[.];and
          (4) shall establish a Homeland Security Advisory 
        Council to provide advice and recommendations on 
        homeland security and homeland security-related 
        matters.

           *       *       *       *       *       *       *


SEC. 103. OTHER OFFICERS

    (a) Deputy Secretary; Under Secretaries.--
          (1) In general.--Except as provided under paragraph 
        (2), there are the following officers, appointed by the 
        President, by and with the advice and consent of the 
        Senate:
                  (A) * * *

           *       *       *       *       *       *       *

                  (F) [An Under Secretary for Management.] 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.

           *       *       *       *       *       *       *

                  (K) An Under Secretary for Strategy, Policy, 
                and Plans.

           *       *       *       *       *       *       *

    (g) Vacancies.--
          (1) Absence, disability, or vacancy of secretary or 
        deputy secretary.--Notwithstanding chapter 33 of title 
        5, United States Code, the Under Secretary for 
        Management shall serve as the Acting Secretary if by 
        reason of absence, disability, or vacancy in office, 
        neither the Secretary nor Deputy Secretary is available 
        to exercise the duties of the Office of the Secretary.
          (2) Further order of succession.--Notwithstanding 
        chapter 33 of title 5, United States Code, the 
        Secretary may designate such other officers of the 
        Department in further order of succession to serve as 
        Acting Secretary.
          (3) Notification of vacancies.--The Secretary shall 
        notify the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives of 
        any vacancies that require notification under sections 
        3345 through 3349d of title 5, United States Code 
        (commonly known as the `Federal Vacancies Reform Act of 
        1998').

           *       *       *       *       *       *       *


TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

           *       *       *       *       *       *       *


SEC. 310 TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER, DEPARTMENT OF 
                    AGRICULTURE

    (a) * * *

           *       *       *       *       *       *       *

    (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.

           *       *       *       *       *       *       *


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 for Science and Technology shall 
        develop and track indicators to demonstrate the uptake 
        of the technology or project among customers or end-
        users.
          (2) Requirement.--To the fullest extent possible, the 
        tracking of a project required under paragraph (1) 
        shall continue for the 3-year period beginning on the 
        date on which the project was transitioned from 
        research and development to practice.
          (3) Indicators.--The indicators developed and tracked 
        under this subsection shall be included in the list 
        required under subsection (a).
    (d) Definitions.--In this section:
          (1) All appropriate details.--The term `all 
        appropriate details' means--
                  (A) the name of the project, including both 
                classified and unclassified names if 
                applicable;
                  (B) the name of the component carrying out 
                the project;
                  (C) an abstract or summary of the project;
                  (D) funding levels for the project;
                  (E) project duration or timeline;
                  (F) the name of each contractor, grantee, or 
                cooperative agreement partner involved in the 
                project;
                  (G) expected objectives and milestones for 
                the project; and
                  (H) to the maximum extent practicable, 
                relevant literature and patents that are 
                associated with the project.
          (2) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means--
                  (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                  (B) the Committee on Homeland Security of the 
                House of Representatives; and
                  (C) the Committee on Oversight and Government 
                Reform of House of Representatives.
          (3) Classified.--The term `classified' means anything 
        containing--
                  (A) classified national security information 
                as defined in section 6.1 of Executive Order 
                13526 (50 U.S.C. 3161 note) or any successor 
                order;
                  (B) Restricted Data or data that was formerly 
                Restricted Data, as defined in section 11y. of 
                the Atomic Energy Act of 1954 (42 U.S.C. 
                2014(y));
                  (C) material classified at the Sensitive 
                Compartmented Information (SCI) level as 
                defined in section 309 of the Intelligence 
                Authorization Act for Fiscal Year 2001 (50 
                U.S.C. 3345); or
                  (D) information relating to a special access 
                program, as defined in section 6.1 of Executive 
                Order 13526 (50 U.S.C. 3161 note) or any 
                successor order.
          (4) Controlled unclassified information.--The term 
        `controlled unclassified information' means information 
        described as `Controlled Unclassified Information' 
        under Executive Order 13556 (50 U.S.C. 3501 note) or 
        any successor order.
          (5) Project.--The term `project' means a research or 
        development project, program, or activity administered 
        by the Department, whether ongoing, completed, or 
        otherwise terminated.

TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY

           *       *       *       *       *       *       *


SEC. 478. IMMIGRATION FUNCTIONS.

    (a) Annual Report.--
          (1) In general.--One year after the date of enactment 
        of this Act, and each year thereafter, the Secretary 
        shall submit a report to the President, [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,] 
        the Committee on the Judiciary of the Senate, the 
        Committee on the Judiciary of the House of 
        Representatives, and the congressional homeland 
        security committees on the impact the transfers made by 
        this subtitle has had on immigration functions.
          (2) Matter included.--The report shall address the 
        following with respect to the period covered by the 
        report:
                  (A) * * *

           *       *       *       *       *       *       *

                  (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.

           *       *       *       *       *       *       *


TITLE V--NATIONAL EMERGENCY MANAGEMENT

           *       *       *       *       *       *       *


SEC. 515 NATIONAL OPERATIONS CENTER.

    (a) Definition.--In this section, the term ``situational 
awareness'' means information gathered from a variety of 
sources that, when communicated to [emergency managers and 
decision makers] emergency managers, decision makers, and other 
appropriate officials, can form the basis for incident 
management decision making and steady-state activity.
    (b) Establishment.--The National Operations Center is the 
principal operations center for the Department and shall--
          (1) provide situational awareness and a common 
        operating picture for the entire Federal Government, 
        and for State, local, [and tribal governments] tribal, 
        and territorial governments, the private sector, and 
        international partners as appropriate, [in the event 
        of] for events, threats, and incidents involving a 
        natural disaster, act of terrorism, or other man-made 
        disaster; [and]
          (2) ensure that critical terrorism and disaster-
        related information reaches government decision-
        makers[.]; and
          (3) enter into agreements with other Federal 
        operations centers and other homeland security 
        partners, as appropriate, to facilitate the sharing of 
        information.
    (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; or
          (4) as may be requested by the Secretary under 
        section 202.
    [(c)] (d) State and Local [Fire Service] Emergency 
Responder Representation.--
          (1) [Establishment of position.--The Secretary shall, 
        in consultation with the Administrator of the United 
        States Fire Administration, establish a fire service 
        position at the National Operations Center established 
        under subsection (b) to ensure the effective sharing of 
        information between the Federal Government and State 
        and local fire services.] 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.
          [(2) Designation of position.--The Secretary shall 
        designate, on a rotating basis, a State or local fire 
        service official for the position described in 
        paragraph (1).]
    [(3)](2) Management.--The Secretary shall manage the 
position established pursuant to paragraph (1) in accordance 
with such rules, regulations, and practices as govern other 
similar rotating positions at the National Operations Center.

           *       *       *       *       *       *       *


TITLE VII--MANAGEMENT

           *       *       *       *       *       *       *


SECTION 701. UNDER SECRETARY FOR MANAGEMENT

    (a) In General.--The Under Secretary for Management shall 
serve as the Chief Management Officer and principal advisor to 
the Secretary on matters related to the management of the 
Department, including management integration and transformation 
in support of homeland security operations and programs. The 
Secretary, acting through the Under Secretary for Management, 
shall be responsible for the management and administration of 
the Department, including the following:
          (1) * * *

           *       *       *       *       *       *       *

          [(9) The management integration and transformation 
        process, as well as the transition process, to ensure 
        an efficient and orderly consolidation of functions and 
        personnel in the Department and transition, including--
                  [(A) the development of a management 
                integration strategy for the Department, and
                  [(B) before December 1 of any year in which a 
                Presidential election is held, the development 
                of a transition and succession plan, to be made 
                available to the incoming Secretary and Under 
                Secretary for Management, to guide the 
                transition of management functions to a new 
                Administration.]
          (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.
          (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.
          [(10)] (12) 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)] (13) 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.'';
    [(b) Immigration.--
          [(1) In general.--In addition to the responsibilities 
        described in subsection (a), the Under Secretary for 
        Management shall be responsible for the following:
                  [(A) Maintenance of all immigration 
                statistical information of the Bureau of Border 
                Security and the Bureau of Citizenship and 
                Immigration Services. Such statistical 
                information shall include information and 
                statistics of the type contained in the 
                publication entitled ``Statistical Yearbook of 
                the Immigration and Naturalization Service'' 
                prepared by the Immigration and Naturalization 
                Service (as in effect immediately before the 
                date on which the transfer of functions 
                specified under section 441 takes effect), 
                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 by such bureau, and the 
                reasons for such denials, disaggregated by 
                category of denial and application or petition 
                type.
                  [(B) Establishment of standards of 
                reliability and validity for immigration 
                statistics collected by such bureaus.
          [(2) Transfer of functions.--In accordance with title 
        XV, there shall be transferred to the Under Secretary 
        for Management all functions performed immediately 
        before such transfer occurs by the Statistics Branch of 
        the Office of Policy and Planning of the Immigration 
        and Naturalization Service with respect to the 
        following programs:
                  [(A) The Border Patrol program.
                  [(B) The detention and removal program.
                  [(C) The intelligence program.
                  [(D) The investigations program.
                  [(E) The inspections program.
                  [(F) Adjudication of immigrant visa 
                petitions.
                  [(G) Adjudication of naturalization 
                petitions.
                  [(H) Adjudication of asylum and refugee 
                applications.
                  [(I) Adjudications performed at service 
                centers.
                  [(J) All other adjudications performed by the 
                Immigration and Naturalization Service.]
    (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.
    (c) * * *
    (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.
    [(d)] (e) Interoperable Communications Defined.--In this 
section, the term ``interoperable communications'' has the 
meaning given that term in section 7303(g) of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)).

           *       *       *       *       *       *       *


SEC. 703. CHIEF INFORMATION OFFICER

    (a) * * *
    (b) * * *
    (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) unnecessarily duplicative, legacy, and outdated 
        information technology within and across the Department 
        will be identified and eliminated, and an estimated 
        date for the identification and elimination of 
        duplicative information technology within and across 
        the Department;
          (4) the Chief Information Officer will coordinate 
        with components of the Department to ensure that 
        information technology policies are effectively and 
        efficiently implemented across the Department;
          (5) a list of information technology projects, 
        including completion dates, will be made available to 
        the public and Congress;
          (6) the Chief Information Officer will inform 
        Congress of high risk projects and cybersecurity risks; 
        and
          (7) the Chief Information Officer plans to maximize 
        the use and purchase of commercial off-the-shelf 
        information technology products and services.
    (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 subparagraph 
                        (A), no additional budgetary resources 
                        may be obligated for the procurement of 
                        additional software licenses of the 
                        same types until such time as the needs 
                        of the Department equals or exceeds the 
                        number of used and unused licenses held 
                        by the Department.
                          (ii) Exception.--The Chief 
                        Information Officer may authorize the 
                        purchase of additional licenses and 
                        amend the number of needed licenses as 
                        necessary.
          (3) Submission to congress.--The Chief Information 
        Officer shall submit to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security of the House of 
        Representatives a copy of each inventory conducted 
        under paragraph (1)(A), each plan established under 
        paragraph (2)(A), and each exception exercised under 
        paragraph (2)(B)(ii).

SEC. 704. CHIEF HUMAN CAPITAL OFFICER

    [The Chief Human Capital Officer shall report to the 
Secretary, or to another official of the Department, as the 
Secretary may direct and shall 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, by--
          [(1) participating in the 2302(c) Certification 
        Program of the Office of Special Counsel;
          [(2) achieving certification from the Office of 
        Special Counsel of the Department's compliance with 
        section 2302(c) of title 5, United States Code; and
          [(3) informing Congress of such certification not 
        later than 24 months after the date of enactment of 
        this Act.]
    (a) In General.--There is a Chief Human Capital Officer of 
the Department, who shall report directly to the Under 
Secretary for Management.
    (b) Responsibilities.--In addition to the responsibilities 
set forth in chapter 14 of title 5, United States Code, and 
other applicable law, the Chief Human Capital Officer of the 
Department shall--
          (1) develop and implement strategic workforce 
        planning policies that are consistent with Government-
        wide leading principles and in line with Department 
        strategic human capital goals and priorities;
          (2) develop performance measures to provide a basis 
        for monitoring and evaluating Department-wide strategic 
        workforce planning efforts;
          (3) develop, improve, and implement policies, 
        including compensation flexibilities available to 
        Federal agencies where appropriate, to recruit, hire, 
        train, and retain the workforce of the Department, in 
        coordination with all components of the Department;
          (4) identify methods for managing and overseeing 
        human capital programs and initiatives, in coordination 
        with the head of each component of the Department;
          (5) develop a career path framework and create 
        opportunities for leader development in coordination 
        with all components of the Department;
          (6) lead the efforts of the Department for managing 
        employee resources, including training and development 
        opportunities, in coordination with each component of 
        the Department;
          (7) work to ensure the Department is implementing 
        human capital programs and initiatives and effectively 
        educating each component of the Department about these 
        programs and initiatives;
          (8) identify and eliminate unnecessary and 
        duplicative human capital policies and guidance;
          (9) provide input concerning the hiring and 
        performance of the Chief Human Capital Officer or 
        comparable official in each component of the 
        Department; and
          (10) ensure that all employees of the Department are 
        informed of their rights and remedies under chapters 12 
        and 23 of title 5, United States Code.
    (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. 707. QUADRENNIAL HOMELAND SECURITY REVIEW

    (a) * * *
    (b) Contents of Review.--In each quadrennial homeland 
security review, the Secretary shall--
          (1) * * *

           *       *       *       *       *       *       *

          (5) include an assessment of the organizational 
        alignment of the Department with the national homeland 
        security strategy referred to in paragraph (1) and the 
        homeland security mission areas outlined under 
        paragraph (2); [and]
          (6) review and assess the effectiveness of the 
        mechanisms of the Department for executing the process 
        of turning the requirements developed in the 
        quadrennial homeland security review into an 
        acquisition strategy and expenditure plan within the 
        Department;
          (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.
    (c) Reporting.--
          (1) In general.--[Not later than December 31 of the 
        year in which a quadrennial homeland security review is 
        conducted, the Secretary shall submit to Congress a 
        report regarding that quadrennial homeland security 
        review.] Not later than 60 days after the date on which 
        the budget of the President is submitted to Congress 
        under section 1105 of title 31, United States Code, for 
        the fiscal year after the fiscal year in which a 
        quadrennial homeland security review is conducted under 
        subsection (a)(1), the Secretary shall submit to 
        Congress a report on the quadrennial homeland security 
        review.
          (2) Contents of Report.--Each report submitted under 
        paragraph (1) shall include--
                  (A) * * *

           *       *       *       *       *       *       *

                  (H) an explanation of any underlying 
                assumptions used in conducting the review; 
                [and]
                  (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
                  [(I)] (L) any other matter the Secretary 
                considers appropriate.

           *       *       *       *       *       *       *


SEC. 708. DEPARTMENT COORDINATION.

    (a) Definitions.--In this section--
          (1) the term `joint duty training program' means the 
        training program established under subsection 
        (e)(9)(A);
          (2) the term `joint requirement' means a condition or 
        capability of a Joint Task Force, or of multiple 
        operating components of the Department, that is 
        required to be met or possessed by a system, product, 
        service, result, or component to satisfy a contract, 
        standard, specification, or other formally imposed 
        document;
          (3) the term `Joint Task Force' means a Joint Task 
        Force established under subsection (e) when the scope, 
        complexity, or other factors of the crisis or issue 
        require capabilities of two or more components of the 
        Department operating under the guidance of a single 
        Director; and
          (4) the term `situational awareness' means knowledge 
        and unified understanding of unlawful cross-border 
        activity, including--
                  (A) threats and trends concerning illicit 
                trafficking and unlawful crossings;
                  (B) the ability to forecast future shifts in 
                such threats and trends;
                  (C) the ability to evaluate such threats and 
                trends at a level sufficient to create 
                actionable plans; and
                  (D) the operational capability to conduct 
                continuous and integrated surveillance of the 
                air, land, and maritime borders of the United 
                States.
    (b) Department Leadership Councils.--
          (1) Establishment.--The Secretary may establish such 
        Department leadership councils as the Secretary 
        determines necessary to ensure coordination among 
        leadership in the Department.
          (2) Function.--Department leadership councils shall--
                  (A) serve as coordinating forums;
                  (B) advise the Secretary and Deputy Secretary 
                on Department strategy, operations, and 
                guidance; and
                  (C) consider and report on such other matters 
                as the Secretary or Deputy Secretary may 
                direct.
          (3) Chairperson; Membership.--
                  (A) Chairperson.--The Secretary or a designee 
                may serve as chairperson of a Department 
                leadership council.
                  (B) Membership.--The Secretary shall 
                determine the membership of a Department 
                leadership council.
          (4) Relationship to other forums.--The Secretary or 
        Deputy Secretary may delegate the authority to direct 
        the implementation of any decision or guidance 
        resulting from the action of a Department leadership 
        council to any office, component, coordinator, or other 
        senior official of the Department.
    (c) Joint Requirements Council.--
          (1) Establishment.--There is established within the 
        Department a Joint Requirements Council.
          (2) Mission.--In addition to other matters assigned 
        to it by the Secretary and Deputy Secretary, the Joint 
        Requirements Council shall--
                  (A) identify, assess, and validate joint 
                requirements (including existing systems and 
                associated capability gaps) to meet mission 
                needs of the Department;
                  (B) ensure that appropriate efficiencies are 
                made among life-cycle cost, schedule, and 
                performance objectives, and procurement 
                quantity objectives, in the establishment and 
                approval of joint requirements; and
                  (C) make prioritized capability 
                recommendations for the joint requirements 
                validated under subparagraph (A) to the 
                Secretary, the Deputy Secretary, or the 
                chairperson of a Department leadership council 
                designated by the Secretary to review decisions 
                of the Joint Requirements Council.
          (3) Chair.--The Secretary shall appoint a chairperson 
        of the Joint Requirements Council, for a term of not 
        more than 2 years, from among senior officials from 
        components of the Department or other senior officials 
        as designated by the Secretary.
          (4) Composition.--The Joint Requirements Council 
        shall be composed of senior officials representing 
        components of the Department and other senior officials 
        as designated by the Secretary.
          (5) Relationship to future years homeland security 
        program.--The Secretary shall ensure that the Future 
        Years Homeland Security Program required under section 
        874 is consistent with the recommendations of the Joint 
        Requirements Council under paragraph (2)(C) of this 
        subsection, as affirmed by the Secretary, the Deputy 
        Secretary, or the chairperson of a Department 
        leadership council designated by the Secretary under 
        that paragraph.
    (d) Joint Operational Plans.--
          (1) Planning and guidance.--The Secretary may direct 
        the development of Joint Operational Plans for the 
        Department and issue planning guidance for such 
        development.
          (2) Coordination.--The Secretary shall ensure 
        coordination between requirements derived from Joint 
        Operational Plans and the Future Years Homeland 
        Security Program required under section 874.
          (3) Limitation.--Nothing in this subsection shall be 
        construed to affect the national emergency management 
        authorities and responsibilities of the Administrator 
        of the Federal Emergency Management Agency under title 
        V.
    (e) Joint Task Forces.--
          (1) Establishment.--The Secretary may establish and 
        operate Departmental Joint Task Forces to conduct joint 
        operations using personnel and capabilities of the 
        Department.
          (2) Joint task force directors.--
                  (A) Director.--Each Joint Task Force shall be 
                headed by a Director appointed by the Secretary 
                for a term of not more than 2 years, who shall 
                be a senior official of the Department.
                  (B) Extension.--The Secretary may extend the 
                appointment of a Director of a Joint Task Force 
                for not more than 2 years if the Secretary 
                determines that such an extension is in the 
                best interest of the Department.
          (3) Joint task force deputy directors.--For each 
        Joint Task Force, the Secretary shall appoint a Deputy 
        Director who shall be an official of a different 
        component or office of the Department than the Director 
        of the Joint Task Force.
          (4) Responsibilities.--The Director of a Joint Task 
        Force, subject to the oversight, direction, and 
        guidance of the Secretary, shall--
                  (A) maintain situational awareness within the 
                areas of responsibility of the Joint Task 
                Force, as determined by the Secretary;
                  (B) provide operational plans and 
                requirements for standard operating procedures 
                and contingency operations;
                  (C) plan and execute joint task force 
                activities within the areas of responsibility 
                of the Joint Task Force, as determined by the 
                Secretary;
                  (D) set and accomplish strategic objectives 
                through integrated operational planning and 
                execution;
                  (E) exercise operational direction over 
                personnel and equipment from components and 
                offices of the Department allocated to the 
                Joint Task Force to accomplish the objectives 
                of the Joint Task Force;
                  (F) establish operational and investigative 
                priorities within the operating areas of the 
                Joint Task Force;
                  (G) coordinate with foreign governments and 
                other Federal, State, and local agencies, as 
                appropriate, to carry out the mission of the 
                Joint Task Force; and
                  (H) carry out other duties and powers the 
                Secretary determines appropriate.
          (5) Personnel and resources.--
                  (A) In general.--The Secretary may, upon 
                request of the Director of a Joint Task Force, 
                and giving appropriate consideration of risk to 
                the other primary missions of the Department, 
                allocate on a temporary basis personnel and 
                equipment of components and offices of the 
                Department to a Joint Task Force.
                  (B) Cost neutrality.--A Joint Task Force may 
                not require more personnel, equipment, or 
                resources than would be required by components 
                of the Department in the absence of the Joint 
                Task Force.
                  (C) Location of operations.--In establishing 
                a location of operations for a Joint Task 
                Force, the Secretary shall, to the extent 
                practicable, use existing facilities that 
                integrate efforts of components of the 
                Department and State, local, tribal, or 
                territorial law enforcement or military 
                entities.
                  (D) Report.--The Secretary shall, at the time 
                the budget of the President is submitted to 
                Congress for a fiscal year under section 
                1105(a) of title 31, United States Code, submit 
                to the congressional homeland security 
                committees a report on the total funding, 
                personnel, and other resources that each 
                component of the Department allocated to each 
                Joint Task Force to carry out the mission of 
                the Joint Task Force during the fiscal year 
                immediately preceding the report.
          (6) Component resource authority.--As directed by the 
        Secretary--
                  (A) each Director of a Joint Task Force shall 
                be provided sufficient resources from relevant 
                components and offices of the Department and 
                the authority necessary to carry out the 
                missions and responsibilities required under 
                this section;
                  (B) the resources referred to in subparagraph 
                (A) shall be under the operational authority, 
                direction, and control of the Director of the 
                Joint Task Force to which the resources are 
                assigned; and
                  (C) the personnel and equipment of each Joint 
                Task Force shall remain under the 
                administrative direction of the executive agent 
                for the Joint Task Force.
          (7) Joint task force staff.--Each Joint Task Force 
        shall have a staff, composed of officials from relevant 
        components, to assist the Director in carrying out the 
        mission and responsibilities of the Joint Task Force.
          (8) Establishment of performance metrics.--The 
        Secretary shall--
                  (A) establish outcome-based and other 
                appropriate performance metrics to evaluate the 
                effectiveness of each Joint Task Force;
                  (B) not later than 120 days after the date of 
                enactment of this section, submit the metrics 
                established under subparagraph (A) to the 
                Committee on Homeland Security and Governmental 
                Affairs of the Senate and the Committee on 
                Homeland Security of the House of 
                Representatives; and
                  (C) not later than January 31 2017, and each 
                year thereafter, submit to each committee 
                described in subparagraph (B) a report that 
                contains the evaluation described in 
                subparagraph (A).
          (9) Joint duty training program.--
                  (A) In general.--The Secretary shall--
                          (i) establish a joint duty training 
                        program in the Department for the 
                        purposes of--
                                  (I) enhancing coordination 
                                within the Department; and
                                  (II) promoting workforce 
                                professional development; and
                          (ii) tailor the joint duty training 
                        program to improve joint operations as 
                        part of the Joint Task Forces.
                  (B) Elements.--The joint duty training 
                program established under subparagraph (A) 
                shall address, at a minimum, the following 
                topics:
                          (i) National security strategy.
                          (ii) Strategic and contingency 
                        planning.
                          (iii) Command and control of 
                        operations under joint command.
                          (iv) International engagement.
                          (v) The homeland security enterprise.
                          (vi) Interagency collaboration.
                          (vii) Leadership.
                          (viii) Specific subject matter 
                        relevant to the Joint Task Force to 
                        which the joint duty training program 
                        is assigned.
                  (C) Training required.--
                          (i) Directors and deputy directors.--
                        Except as provided in clauses (iii) and 
                        (iv), an individual shall complete the 
                        joint duty training program before 
                        being appointed Director or Deputy 
                        Director of a Joint Task Force.
                          (ii) Joint task force staff.--Each 
                        official serving on the staff of a 
                        Joint Task Force shall complete the 
                        joint duty training program within the 
                        first year of assignment to the Joint 
                        Task Force.
                          (iii) Exception.--Clause (i) shall 
                        not apply to the first Director or 
                        Deputy Director appointed to a Joint 
                        Task Force on or after the date of 
                        enactment of this section.
                          (iv) Waiver.--The Secretary may waive 
                        clause (i) if the Secretary determines 
                        that such a waiver is in the interest 
                        of homeland security.
          (10) Establishing joint task forces.--Subject to 
        paragraph (13), the Secretary may establish Joint Task 
        Forces for the purposes of--
                  (A) coordinating and directing operations 
                along the land and maritime borders of the 
                United States;
                  (B) cybersecurity; and
                  (C) preventing, preparing for, and responding 
                to other homeland security matters, as 
                determined by the Secretary.
          (11) Notification of joint task force formation.--
                  (A) In general.--Not later than 90 days 
                before establishing a Joint Task Force under 
                this subsection, the Secretary shall submit a 
                notification to the Committee on Homeland 
                Security and Governmental Affairs of the Senate 
                and the Committee on Homeland Security of the 
                House of Representatives.
                  (B) Waiver authority.--The Secretary may 
                waive the requirement under subparagraph (A) in 
                the event of an emergency circumstance that 
                imminently threatens the protection of human 
                life or the protection of property.
          (12) Review.--
                  (A) In general.--The Inspector General of the 
                Department shall conduct a review of the Joint 
                Task Forces established under this subsection.
                  (B) Contents.--The review required under 
                subparagraph (A) shall include--
                          (i) an assessment of the 
                        effectiveness of the structure of each 
                        Joint Task Force; and
                          (ii) recommendations for enhancements 
                        to that structure to strengthen the 
                        effectiveness of the Joint Task Force.
                  (C) Submission.--The Inspector General of the 
                Department shall submit to the Committee on 
                Homeland Security and Governmental Affairs of 
                the Senate and the Committee on Homeland 
                Security of the House of Representatives--
                          (i) an initial report that contains 
                        the evaluation described in 
                        subparagraph (A) by not later than 
                        January 31, 2018; and
                          (ii) a second report that contains 
                        the evaluation described in 
                        subparagraph (A) by not later than 
                        January 31, 2021.
          (13) Limitation on joint task forces.--
                  (A) In general.--The Secretary may not 
                establish a Joint Task Force for any major 
                disaster or emergency declared under the Robert 
                T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5121 et seq.) or an 
                incident for which the Federal Emergency 
                Management Agency has primary responsibility 
                for management of the response under title V of 
                this Act, including section 504(a)(3)(A), 
                unless the responsibilities of the Joint Task 
                Force--
                          (i) do not include operational 
                        functions related to incident 
                        management, including coordination of 
                        operations; and
                          (ii) are consistent with the 
                        requirements of paragraphs (3) and 
                        (4)(A) of section 503(c) and section 
                        509(c) of this Act and section 302 of 
                        the Robert T. Stafford Disaster Relief 
                        and Emergency Assistance Act (42 U.S.C. 
                        5143).
                  (B) Responsibilities and functions not 
                reduced.--Nothing in this section shall be 
                construed to reduce the responsibilities or 
                functions of the Federal Emergency Management 
                Agency or the Administrator thereof under title 
                V of this Act and any other provision of law, 
                including the diversion of any asset, function, 
                or mission from the Federal Emergency 
                Management Agency or the Administrator thereof 
                pursuant to section 506.
    (f) Joint Duty Assignment Program.--The Secretary may 
establish a joint duty assignment program within the Department 
for the purposes of enhancing coordination in the Department 
and promoting workforce professional development.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 802. OFFICE FOR PARTNERSHIPS AGAINST VIOLENT EXTREMISM.

    (a) Definitions.--In this section:
          (1) Administrator.--The term `Administrator' means 
        the Administrator of the Federal Emergency Management 
        Agency.
          (2) Assistant secretary.--The term `Assistant 
        Secretary' means the Assistant Secretary for 
        Partnerships Against Violent Extremism designated under 
        subsection (c).
          (3) Countering violent extremism.--The term 
        `countering violent extremism' means proactive and 
        relevant actions to counter recruitment, 
        radicalization, and mobilization to violence and to 
        address the immediate factors that lead to violent 
        extremism and radicalization.
          (4) Domestic terrorism; international terrorism.--The 
        terms `domestic terrorism' and `international 
        terrorism' have the meanings given those terms in 
        section 2331 of title 18, United States Code.
          (5) Radicalization.--The term `radicalization' means 
        the process by which an individual chooses to 
        facilitate or commit domestic terrorism or 
        international terrorism.
          (6) Violent extremism.--The term `violent extremism' 
        means international or domestic terrorism.
    (b) Establishment.--There is in the Department an Office 
for Partnerships Against Violent Extremism.
    (c) Head of Office.--The Office for Partnerships Against 
Violent Extremism shall be headed by an Assistant Secretary for 
Partnerships Against Violent Extremism, who shall be designated 
by the Secretary and report directly to the Secretary.
    (d) Deputy Assistant Secretary; Assignment of Personnel.--
The Secretary shall--
          (1) designate a career Deputy Assistant Secretary for 
        Partnerships Against Violent Extremism; and
          (2) assign or hire, as appropriate, permanent staff 
        to the Office for Partnerships Against Violent 
        Extremism.
    (e) Responsibilities.--
          (1) In general.--The Assistant Secretary shall be 
        responsible for the following:
                  (A) Leading the efforts of the Department to 
                counter violent extremism across all the 
                components and offices of the Department that 
                conduct strategic and supportive efforts to 
                counter violent extremism. Such efforts shall 
                include the following:
                          (i) Partnering with communities to 
                        address vulnerabilities that can be 
                        exploited by violent extremists in the 
                        United States and explore potential 
                        remedies for government and 
                        nongovernment institutions.
                          (ii) Working with civil society 
                        groups and communities to counter 
                        violent extremist propaganda, 
                        messaging, or recruitment.
                          (iii) In coordination with the Office 
                        for Civil Rights and Civil Liberties of 
                        the Department, managing the outreach 
                        and engagement efforts of the 
                        Department directed toward communities 
                        at risk for radicalization and 
                        recruitment for violent extremist 
                        activities.
                          (iv) Ensuring relevant information, 
                        research, and products inform efforts 
                        to counter violent extremism.
                          (v) Developing and maintaining 
                        Department-wide strategy, plans, 
                        policies, and programs to counter 
                        violent extremism. Such plans shall, at 
                        a minimum, address each of the 
                        following:
                                  (I) The Department's plan to 
                                leverage new and existing 
                                Internet and other technologies 
                                and social media platforms to 
                                improve nongovernment efforts 
                                to counter violent extremism, 
                                as well as the best practices 
                                and lessons learned from other 
                                Federal, State, local, tribal, 
                                territorial, and foreign 
                                partners engaged in similar 
                                counter-messaging efforts.
                                  (II) The Department's 
                                countering violent extremism-
                                related engagement efforts.
                                  (III) The use of cooperative 
                                agreements with State, local, 
                                tribal, territorial, and other 
                                Federal departments and 
                                agencies responsible for 
                                efforts relating to countering 
                                violent extremism.
                          (vi) Coordinating with the Office for 
                        Civil Rights and Civil Liberties of the 
                        Department to ensure all of the 
                        activities of the Department related to 
                        countering violent extremism fully 
                        respect the privacy, civil rights, and 
                        civil liberties of all persons.
                          (vii) In coordination with the Under 
                        Secretary for Science and Technology 
                        and in consultation with the Under 
                        Secretary for Intelligence and 
                        Analysis, identifying and recommending 
                        new empirical research and analysis 
                        requirements to ensure the 
                        dissemination of information and 
                        methods for Federal, State, local, 
                        tribal, and territorial countering 
                        violent extremism practitioners, 
                        officials, law enforcement personnel, 
                        and nongovernmental partners to utilize 
                        such research and analysis.
                          (viii) Assessing the methods used by 
                        violent extremists to disseminate 
                        propaganda and messaging to communities 
                        at risk for recruitment by violent 
                        extremists.
                  (B) Developing a digital engagement strategy 
                that expands the outreach efforts of the 
                Department to counter violent extremist 
                messaging by--
                          (i) exploring ways to utilize 
                        relevant Internet and other 
                        technologies and social media 
                        platforms; and
                          (ii) maximizing other resources 
                        available to the Department.
                  (C) Serving as the primary representative of 
                the Department in coordinating countering 
                violent extremism efforts with other Federal 
                departments and agencies and nongovernmental 
                organizations.
                  (D) Serving as the primary Department-level 
                representative in coordinating with the 
                Department of State on international countering 
                violent extremism issues.
                  (E) In coordination with the Administrator, 
                providing guidance regarding the use of grants 
                made to State, local, and tribal governments 
                under sections 2003 and 2004 under the 
                allowable uses guidelines related to countering 
                violent extremism.
                  (F) Developing a plan to expand philanthropic 
                support for domestic efforts related to 
                countering violent extremism, including by 
                identifying viable community projects and needs 
                for possible philanthropic support.
          (2) Communities at risk.--For purposes of this 
        subsection, the term `communities at risk' shall not 
        include a community that is determined to be at risk 
        solely on the basis of race, religious affiliation, or 
        ethnicity.
    (f) Strategy To Counter Violent Extremism in the United 
States.--
          (1) Strategy.--Not later than 90 days after the date 
        of enactment of this section, the Secretary shall 
        submit to the Committee on Homeland Security and 
        Governmental Affairs of the Senate, the Committee on 
        the Judiciary of the Senate, the Committee on Homeland 
        Security of the House of Representatives, and the 
        Committee on the Judiciary of the House of 
        Representatives a comprehensive Department strategy to 
        counter violent extremism in the United States.
          (2) Contents of strategy.--The strategy required 
        under paragraph (1) shall, at a minimum, address each 
        of the following:
                  (A) The Department's digital engagement 
                effort, including a plan to leverage new and 
                existing Internet, digital, and other 
                technologies and social media platforms to 
                counter violent extremism, as well as the best 
                practices and lessons learned from other 
                Federal, State, local, tribal, territorial, 
                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:
          (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).

           *       *       *       *       *       *       *


SEC. 843. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN 
                    EMPLOYEE PERFORMANCE APPRAISALS.

    (a) * * *
    (b) Definitions.--For purposes of this section--
          (1) the term ``National Drug Control Program Agency'' 
        means--
                  (A) * * *
                  (B) any subdivision of the Department that 
                has a significant counternarcotics 
                responsibility, as determined [by--
                          [(i) the counternarcotics officer, 
                        appointed under section 878; or
                          [(ii) if applicable, the 
                        counternarcotics officer's successor in 
                        function (as determined by the 
                        Secretary); and] by the Secretary; and

           *       *       *       *       *       *       *


SEC. 874. FUTURE [YEAR] YEARS HOMELAND SECURITY PROGRAM.

    (a) In General.--[Each budget request submitted to Congress 
for the Department under section 1105 of title 31, United 
States Code, shall, at or about the same time, be accompanied 
by a Future Years Homeland Security Program.] 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.
      (b) * * *
    (c) [Effective Date.--This section shall take effect with 
respect to the preparation and submission of the fiscal year 
2005 budget request for the Department and for any subsequent 
fiscal year, except that the first Future Years Homeland 
Security Program shall be submitted not later than 90 days 
after the Department's fiscal year 2005 budget request is 
submitted to Congress.] 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).

           *       *       *       *       *       *       *


[SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.

    [(a) Office.--There is established in the Department an 
Office of Counternarcotics Enforcement, which shall be headed 
by a Director appointed by the President.
    [(b) Assignment of Personnel.--
          [(1) In general.--The Secretary shall assign 
        permanent staff to the Office, consistent with 
        effective management of Department resources.
          [(2) Liaisons.--The Secretary shall designate senior 
        employees from each appropriate subdivision of the 
        Department that has significant counternarcotics 
        responsibilities to act as a liaison between that 
        subdivision and the Office of Counternarcotics 
        Enforcement.
    [(c) Limitation on Concurrent Employment.--The Director of 
the Office of Counternarcotics Enforcement shall not be 
employed by, assigned to, or serve as the head of, any other 
branch of the Federal Government, any State or local 
government, or any subdivision of the Department other than the 
Office of Counternarcotics Enforcement.
    [(d) Responsibilities.--The Secretary shall direct the 
Director of the Office of Counternarcotics Enforcement--
          [(1) to coordinate policy and operations within the 
        Department, between the Department and other Federal 
        departments and agencies, and between the Department 
        and State and local agencies with respect to stopping 
        the entry of illegal drugs into the United States;
          [(2) to ensure the adequacy of resources within the 
        Department for stopping the entry of illegal drugs into 
        the United States;
          [(3) to recommend the appropriate financial and 
        personnel resources necessary to help the Department 
        better fulfill its responsibility to stop the entry of 
        illegal drugs into the United States;
          [(4) within the Joint Terrorism Task Force construct 
        to track and sever connections between illegal drug 
        trafficking and terrorism; and
          [(5) to be a representative of the Department on all 
        task forces, committees, or other entities whose 
        purpose is to coordinate the counternarcotics 
        enforcement activities of the Department and other 
        Federal, State or local agencies.
    [(e) Savings Clause.--Nothing in this section shall be 
construed to authorize direct control of the operations 
conducted by the Directorate of Border and Transportation 
Security, the Coast Guard, or joint terrorism task forces.
    [(f) Reports to Congress.--
          [(1) Annual budget review.--The Director of the 
        Office of Counternarcotics Enforcement shall, not later 
        than 30 days after the submission by the President to 
        Congress of any request for expenditures for the 
        Department, submit to the Committees on Appropriations 
        and the authorizing committees of jurisdiction of the 
        House of Representatives and the Senate a review and 
        evaluation of such request. The review and evaluation 
        shall--
                  [(A) identify any request or subpart of any 
                request that affects or may affect the 
                counternarcotics activities of the Department 
                or any of its subdivisions, or that affects the 
                ability of the Department or any subdivision of 
                the Department to meet its responsibility to 
                stop the entry of illegal drugs into the United 
                States;
                  [(B) describe with particularity how such 
                requested funds would be or could be expended 
                in furtherance of counternarcotics activities; 
                and
                  [(C) compare such requests with requests for 
                expenditures and amounts appropriated by 
                Congress in the previous fiscal year.
          [(2) Evaluation of counternarcotics activities.--The 
        Director of the Office of Counternarcotics Enforcement 
        shall, not later than February 1 of each year, submit 
        to the Committees on Appropriations and the authorizing 
        committees of jurisdiction of the House of 
        Representatives and the Senate a review and evaluation 
        of the counternarcotics activities of the Department 
        for the previous fiscal year. The review and evaluation 
        shall--
                  [(A) describe the counternarcotics activities 
                of the Department and each subdivision of the 
                Department (whether individually or in 
                cooperation with other subdivisions of the 
                Department, or in cooperation with other 
                branches of the Federal Government or with 
                State or local agencies), including the 
                methods, procedures, and systems (including 
                computer systems) for collecting, analyzing, 
                sharing, and disseminating information 
                concerning narcotics activity within the 
                Department and between the Department and other 
                Federal, State, and local agencies;
                  [(B) describe the results of those 
                activities, using quantifiable data whenever 
                possible;
                  [(C) state whether those activities were 
                sufficient to meet the responsibility of the 
                Department to stop the entry of illegal drugs 
                into the United States, including a description 
                of the performance measures of effectiveness 
                that were used in making that determination; 
                and
                  [(D) recommend, where appropriate, changes to 
                those activities to improve the performance of 
                the Department in meeting its responsibility to 
                stop the entry of illegal drugs into the United 
                States.
          [(3) Classified or law enforcement sensitive 
        information.--Any content of a review and evaluation 
        described in the reports required in this subsection 
        that involves information classified under criteria 
        established by an Executive order, or whose public 
        disclosure, as determined by the Secretary, would be 
        detrimental to the law enforcement or national security 
        activities of the Department or any other Federal, 
        State, or local agency, shall be presented to Congress 
        separately from the rest of the review and evaluation.]

           *       *       *       *       *       *       *


  SEC. 883. [REQUIREMENT TO COMPLY WITH LAWS PROTECTING EQUAL 
                    EMPLOYMENT OPPORTUNITY AND PROVIDING] WHISTLEBLOWER 
                    PROTECTIONS.

    [Nothing in this Act shall be construed as exempting the 
Department from requirements applicable with respect to 
executive agencies--
          [(1) to provide equal employment protection for 
        employees of the Department (including pursuant to the 
        provisions in section 2302(b)(1) of title 5, United 
        States Code, and the Notification and Federal Employee 
        Antidiscrimination and Retaliation Act of 2002 (Public 
        Law 107-174)); or
          [(2) to provide whistleblower protections for 
        employees of the Department (including pursuant to the 
        provisions in section 2302(b)(8) and (9) of such title 
        and the Notification and Federal Employee 
        Antidiscrimination and Retaliation Act of 2002).]
    (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, 
        United States Code, against an employee of the 
        Department;
          (3) the term `supervisor' means a supervisor, as 
        defined under section 7103(a) of title 5, United States 
        Code, who is employed by the Department; and
          (4) the term `whistleblower protections' means the 
        protections against and remedies for a prohibited 
        personnel practice described in paragraph (8) or 
        subparagraph (A)(i), (B), (C), or (D) of paragraph (9) 
        of section 2302(b) of title 5, United States Code.
    (b) Adverse Actions.--
          (1) Proposed adverse actions.--In accordance with 
        paragraph (2), the Secretary shall propose against a 
        supervisor whom the Secretary, an administrative law 
        judge, the Merit Systems Protection Board, the Office 
        of Special Counsel, an adjudicating body provided under 
        a union contract, a Federal judge, or the Inspector 
        General of the Department determines committed a 
        prohibited personnel action the following adverse 
        actions:
                  (A) With respect to the first prohibited 
                personnel action, an adverse action that is not 
                less than a 12-day suspension.
                  (B) With respect to the second prohibited 
                personnel action, removal.
          (2) Procedures.--
                  (A) Notice.--A supervisor against whom an 
                adverse action under paragraph (1) is proposed 
                is entitled to written notice.
                  (B) Answer and evidence.--
                          (i) In general.--A supervisor who is 
                        notified under subparagraph (A) that 
                        the supervisor is the subject of a 
                        proposed adverse action under paragraph 
                        (1) is entitled to 14 days following 
                        such notification to answer and furnish 
                        evidence in support of the answer.
                          (ii) No evidence.--After the end of 
                        the 14-day period described in clause 
                        (i), if a supervisor does not furnish 
                        evidence as described in clause (i) or 
                        if the Secretary determines that such 
                        evidence is not sufficient to reverse 
                        the proposed adverse action, the 
                        Secretary shall carry out the adverse 
                        action.
                  (C) Scope of procedures.--Paragraphs (1) and 
                (2) of subsection (b) and subsection (c) of 
                section 7513 of title 5, United States Code, 
                and paragraphs (1) and (2) of subsection (b) 
                and subsection (c) of section 7543 of title 5, 
                United States Code, shall not apply with 
                respect to an adverse action carried out under 
                this subsection.
          (3) No limitation on other adverse actions.--With 
        respect to a prohibited personnel action, if the 
        Secretary carries out an adverse action against a 
        supervisor under another provision of law, the 
        Secretary may carry out an additional adverse action 
        under this subsection based on the same prohibited 
        personnel action.
    (c) Training for Supervisors.--In consultation with the 
Special Counsel and the Inspector General of the Department, 
the Secretary shall provide training regarding how to respond 
to complaints alleging a violation of whistleblower protections 
available to employees of the Department--
          (1) to employees appointed to supervisory positions 
        in the Department who have not previously served as a 
        supervisor; and
          (2) on an annual basis, to all employees of the 
        Department serving in a supervisory position.
    (d) Information on Whistleblower Protections.--
          (1) Responsibilities of secretary.--The Secretary 
        shall be responsible for--
                  (A) the prevention of prohibited personnel 
                practices;
                  (B) the compliance with and enforcement of 
                applicable civil service laws, rules, and 
                regulations and other aspects of personnel 
                management; and
                  (C) ensuring (in consultation with the 
                Special Counsel and the Inspector General of 
                the Department) that employees of the 
                Department are informed of the rights and 
                remedies available to them under chapters 12 
                and 23 of title 5, United States Code, 
                including--
                          (i) information regarding 
                        whistleblower protections available to 
                        new employees during the probationary 
                        period;
                          (ii) the role of the Office of 
                        Special Counsel and the Merit Systems 
                        Protection Board with regard to 
                        whistleblower protections; and
                          (iii) how to make a lawful disclosure 
                        of information that is specifically 
                        required by law or Executive order to 
                        be kept classified in the interest of 
                        national defense or the conduct of 
                        foreign affairs to the Special Counsel, 
                        the Inspector General of the 
                        Department, Congress, or other 
                        Department employee designated to 
                        receive such disclosures.
          (2) Timing.--The Secretary shall ensure that the 
        information required to be provided under paragraph (1) 
        is provided to each new employee not later than 6 
        months after the date the new employee is appointed.
          (3) Information online.--The Secretary shall make 
        available information regarding whistleblower 
        protections applicable to employees of the Department 
        on the public website of the Department, and on any 
        online portal that is made available only to employees 
        of the Department.
          (4) Delegees.--Any employee to whom the Secretary 
        delegates authority for personnel management, or for 
        any aspect thereof, shall, within the limits of the 
        scope of the delegation, be responsible for the 
        activities described in paragraph (1).
    (e) Rules of Construction.--Nothing in this section shall 
be construed to exempt the Department from requirements 
applicable with respect to executive agencies--
          (1) to provide equal employment protection for 
        employees of the Department (including pursuant to 
        section 2302(b)(1) of title 5, United States Code, and 
        the Notification and Federal Employee 
        Antidiscrimination and Retaliation Act of 2002 (5 
        U.S.C. 2301 note)); or
          (2) to provide whistleblower protections for 
        employees of the Department (including pursuant to 
        paragraphs (8) and (9) of section 2302(b) of title 5, 
        United States Code, and the Notification and Federal 
        Employee Antidiscrimination and Retaliation Act of 2002 
        (5 U.S.C. 2301 note)).

           *       *       *       *       *       *       *


TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

           *       *       *       *       *       *       *


SEC. 1902. MISSION OF OFFICE.

    (a) Mission.--The Office shall be responsible for 
coordinating Federal efforts to detect and protect against the 
unauthorized importation, possession, storage, transportation, 
development, or use of a nuclear explosive device, fissile 
material, or radiological material in the United States, and to 
protect against attack using such devices or materials against 
the people, territory, or interests of the United States and, 
to this end, shall--
          (1) * * *

           *       *       *       *       *       *       *

          (13) provide [an annual] a biennial report to 
        Congress on the activities carried out under paragraphs 
        (10), (11), and (12); and

           *       *       *       *       *       *       *


  SEC. 1907. JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL NUCLEAR 
                    DETECTION ARCHITECTURE.

    (a) [Annual] Biennial Review.--
          (1) In general.--The Secretary, the Attorney General, 
        the Secretary of State, the Secretary of Defense, the 
        Secretary of Energy, and the Director of National 
        Intelligence shall jointly ensure interagency 
        coordination on the development and implementation of 
        the global nuclear detection architecture by ensuring 
        that, not less frequently than [once each year--] once 
        every other year--
                  (A) * * *
                  (B) * * *
                  (C) the Director of the Domestic Nuclear 
                Detection Office and each of the relevant 
                departments that are partners in the National 
                Technical Forensics Center--
                          (i) include, as part of the 
                        assessments, evaluations, and reviews 
                        required under this paragraph, each 
                        office's or department's activities and 
                        investments in support of nuclear 
                        forensics and attribution activities 
                        and specific goals and objectives 
                        accomplished during [the previous year] 
                        the previous 2 years pursuant to the 
                        national strategic five-year plan for 
                        improving the nuclear forensic and 
                        attribution capabilities of the United 
                        States required under section 1036 of 
                        the National Defense Authorization Act 
                        for Fiscal Year 2010;
                          (ii) * * *
                          (iii) includes a description of new 
                        or amended bilateral and multilateral 
                        agreements and efforts in support of 
                        nuclear forensics and attribution 
                        activities accomplished during [the 
                        previous year] the previous 2 years.
          (2) Technology.--Not less frequently than [once each 
        year] once every other year, the Secretary shall 
        examine and evaluate the development, assessment, and 
        acquisition of radiation detection technologies 
        deployed or implemented in support of the domestic 
        portion of the global nuclear detection architecture.
    (b) [Annual] Biennial Report on Joint Interagency Review.--
          (1) In general.--Not later than March 31 [of each 
        year] of every other year, the Secretary, the Attorney 
        General, the Secretary of State, the Secretary of 
        Defense, the Secretary of Energy, and the Director of 
        National Intelligence, shall jointly submit a report 
        regarding the implementation of this section and the 
        results of the reviews required under subsection (a) 
        to--

           *       *       *       *       *       *       *

          (2) Form.--The [annual] biennial report submitted 
        under paragraph (1) shall be submitted in unclassified 
        form to the maximum extent practicable, but may include 
        a classified annex.

TITLE XX--HOMELAND SECURITY GRANTS

           *       *       *       *       *       *       *


SEC. 2008. USE OF FUNDS.

    (a) * * *
    (b) Limitations on Use of Funds.--
          (1) In general.--Funds provided under section 2003 or 
        2004 may not be used--
                  (A) to supplant State or local funds, except 
                that nothing in this paragraph shall prohibit 
                the use of grant funds provided to a State or 
                high-risk urban area for otherwise permissible 
                uses under subsection (a) on the basis that a 
                State or high-risk urban area has previously 
                used State or local funds to support the same 
                or similar uses; [or]
                  (B) for any State or local government cost-
                sharing contribution[.]; or
                  (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.

           *       *       *       *       *       *       *


OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION ACT OF 1998

           *       *       *       *       *       *       *


SEC. 705. COORDINATION WITH NATIONAL DRUG CONTROL PROGRAM AGENCIES IN 
                    DEMAND REDUCTION, SUPPLY REDUCTION, AND STATE AND 
                    LOCAL AFFAIRS.

    (a) Access to Information.--
          (1) * * *
          (2) * * *
          [(3) Illegal drug cultivation.--The Secretary of 
        Agriculture shall annually submit to the Director an 
        assessment of the acreage of illegal drug cultivation 
        in the United States.]

           *       *       *       *       *       *       *


UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *


PART III--EMPLOYEES

           *       *       *       *       *       *       *


Subpart A--General Provisions

           *       *       *       *       *       *       *


CHAPTER 23--MERIT SYSTEM PRINCIPLES

           *       *       *       *       *       *       *



SEC. 2302. PROHIBITED PERSONNEL PRACTICES.

    (a)
          (1) For the purpose of this title, ``prohibited 
        personnel practice'' means any action described in 
        subsection (b).
          (2) For the purpose of this section--
                  (A) ``personnel action'' means--

           *       *       *       *       *       *       *

                          (xi) the implementation or 
                        enforcement of any nondisclosure 
                        policy, form, or agreement; [and]
                          (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
                          [(xii)] (xiii) any other significant 
                        change in duties, responsibilities, or 
                        working conditions;

Subpart E--Attendance and Leave

           *       *       *       *       *       *       *


CHAPTER 63--LEAVE

           *       *       *       *       *       *       *



Subchapter II--Other Paid Leave

           *       *       *       *       *       *       *



Sec. 6329a. Administrative leave.

    (a) Definitions.--In this section--
          (1) the term `administrative leave' means leave--
                  (A) without loss of or reduction in--
                          (i) pay;
                          (ii) leave to which an employee is 
                        otherwise entitled under law; or
                          (iii) credit for time or service; and
                  (B) that is not authorized under any other 
                provision of law;
          (2) the term `agency'--
                  (A) means an Executive agency (as defined in 
                section 105 of this title); and
                  (B) does not include the Government 
                Accountability Office; and
          (3) the term `employee'--
                  (A) has the meaning given the term in section 
                2105; and
                  (B) does not include an intermittent employee 
                who does not have an established regular tour 
                of duty during the administrative workweek.
    (b) Administrative Leave.--
          (1) In general.--An agency may place an employee in 
        administrative leave for a period of not more than 5 
        consecutive days.
          (2) Rule of construction.--Nothing in paragraph (1) 
        shall be construed to limit the use of leave that is--
                  (A) specifically authorized under law; and
                  (B) not administrative leave.
          (3) Records.--An agency shall record administrative 
        leave separately from leave authorized under any other 
        provision of law.
    (c) Regulations.--
          (1) OPM regulations.--Not later than 1 year after the 
        date of enactment of this section, the Director of the 
        Office of Personnel Management shall--
                  (A) prescribe regulations to carry out this 
                section; and
                  (B) prescribe regulations that provide 
                guidance to agencies regarding--
                          (i) acceptable agency uses of 
                        administrative leave; and
                          (ii) the proper recording of--
                                  (I) administrative leave; and
                                  (II) other leave authorized 
                                by law.
          (2) Agency action.--Not later than 1 year after the 
        date on which the Director of the Office of Personnel 
        Management prescribes regulations under paragraph (1), 
        each agency shall revise and implement the internal 
        policies of the agency to meet the requirements of this 
        section.
    (d) Relation to Other Laws.--Notwithstanding subsection (a) 
of section 7421 of title 38, this section shall apply to an 
employee described in subsection (b) of that section

Sec. 6329b. Investigative leave and notice leave

    (a) Definitions.--In this section--
          (1) the term `agency'--
                  (A) means an Executive agency (as defined in 
                section 105 of this title); and
                  (B) does not include the Government 
                Accountability Office;
          (2) the term `Chief Human Capital Officer' means--
                  (A) the Chief Human Capital Officer of an 
                agency designated or appointed under section 
                1401; or
                  (B) the equivalent;
          (3) the term `committees of jurisdiction', with 
        respect to an agency, means each committee in the 
        Senate and House of Representatives with jurisdiction 
        over the agency;
          (4) the term `Director' means the Director of the 
        Office of Personnel Management;
          (5) the term `employee'--
                  (A) has the meaning given the term in section 
                2105; and
                  (B) does not include--
                          (i) an intermittent employee who does 
                        not have an established regular tour of 
                        duty during the administrative 
                        workweek; or
                          (ii) the Inspector General of an 
                        agency;
          (6) the term `investigative leave' means leave--
                  (A) without loss of or reduction in--
                          (i) pay;
                          (ii) leave to which an employee is 
                        otherwise entitled under law; or
                          (iii) credit for time or service;
                  (B) that is not authorized under any other 
                provision of law; and
                  (C) in which an employee who is the subject 
                of an investigation is placed;
          (7) the term `notice leave' means leave--
                  (A) without loss of or reduction in--
                          (i) pay;
                          (ii) leave to which an employee is 
                        otherwise entitled under law; or
                          (iii) credit for time or service;
                  (B) that is not authorized under any other 
                provision of law; and
                  (C) in which an employee who is in a notice 
                period is placed; and
          (8) the term `notice period' means a period beginning 
        on the date on which an employee is provided notice 
        required under law of a proposed adverse action against 
        the employee and ending on the date on which an agency 
        may take the adverse action.
    (b) Leave for Employees Under Investigation or in a Notice 
Period.--
          (1) Authority.--An agency may, in accordance with 
        paragraph (2), place an employee in--
                  (A) investigative leave if the employee is 
                the subject of an investigation;
                  (B) notice leave if the employee is in a 
                notice period; or
                  (C) notice leave following a placement in 
                investigative leave if, not later than the day 
                after the last day of the period of 
                investigative leave--
                          (i) the agency proposes or initiates 
                        an adverse action against the employee; 
                        and
                          (ii) the agency determines that the 
                        employee continues to meet 1 or more of 
                        the criteria described in subsection 
                        (c)(1).
          (2) Requirements.--An agency may place an employee in 
        leave under paragraph (1) only if the agency has--
                  (A) made a determination with respect to the 
                employee under subsection (c)(1);
                  (B) considered the available options for the 
                employee under subsection (c)(2); and
                  (C) determined that none of the available 
                options under subsection (c)(2) is appropriate.
    (c) Employees Under Investigation or in a Notice Period.--
          (1) Determinations.--An agency may not place an 
        employee in investigative leave or notice leave under 
        subsection (b) unless the continued presence of the 
        employee in the workplace during an investigation of 
        the employee or while the employee is in a notice 
        period, if applicable, may--
                  (A) pose a threat to the employee or others;
                  (B) result in the destruction of evidence 
                relevant to an investigation;
                  (C) result in loss of or damage to Government 
                property; or
                  (D) otherwise jeopardize legitimate 
                Government interests.
          (2) Available options for employees under 
        investigation or in a notice period.--After making a 
        determination under paragraph (1) with respect to an 
        employee, and before placing an employee in 
        investigative leave or notice leave under subsection 
        (b), an agency shall consider taking 1 or more of the 
        following actions:
                  (A) Assigning the employee to duties in which 
                the employee is no longer a threat to--
                          (i) safety;
                          (ii) the mission of the agency;
                          (iii) Government property; or
                          (iv) evidence relevant to an 
                        investigation.
                  (B) Allowing the employee to take leave for 
                which the employee is eligible.
                  (C) Requiring the employee to telework under 
                section 6502(c).
                  (D) If the employee is absent from duty 
                without approved leave, carrying the employee 
                in absence without leave status.
                  (E) For an employee subject to a notice 
                period, curtailing the notice period if there 
                is reasonable cause to believe the employee has 
                committed a crime for which a sentence of 
                imprisonment may be imposed.
          (3) Duration of leave.--
                  (A) Investigative leave.--Subject to 
                extensions of a period of investigative leave 
                for which an employee may be eligible under 
                subsections (d) and (e), the initial placement 
                of an employee in investigative leave shall be 
                for a period not longer than 10 days.
                  (B) Notice leave.--Placement of an employee 
                in notice leave shall be for a period not 
                longer than the duration of the notice period.
          (4) Explanation of leave.--
                  (A) In general.--If an agency places an 
                employee in leave under subsection (b), the 
                agency shall provide the employee a written 
                explanation of the leave placement and the 
                reasons for the leave placement.
                  (B) Explanation.--The written notice under 
                subparagraph (A) shall describe the limitations 
                of the leave placement, including--
                          (i) the applicable limitations under 
                        paragraph (3); and
                          (ii) in the case of a placement in 
                        investigative leave, an explanation 
                        that, at the conclusion of the period 
                        of leave, the agency shall take an 
                        action under paragraph (5).
          (5) Agency action.--Not later than the day after the 
        last day of a period of investigative leave for an 
        employee under subsection (b)(1), an agency shall--
                  (A) return the employee to regular duty 
                status;
                  (B) take 1 or more of the actions authorized 
                under paragraph (2), meaning--
                          (i) assigning the employee to duties 
                        in which the employee is no longer a 
                        threat to--
                                  (I) safety;
                                  (II) the mission of the 
                                agency;
                                  (III) Government property; or
                                  (IV) evidence relevant to an 
                                investigation;
                          (ii) allowing the employee to take 
                        leave for which the employee is 
                        eligible;
                          (iii) requiring the employee to 
                        telework under section 6502(c);
                          (iv) if the employee is absent from 
                        duty without approved leave, carrying 
                        the employee in absence without leave 
                        status; or
                          (v) for an employee subject to a 
                        notice period, curtailing the notice 
                        period if there is reasonable cause to 
                        believe the employee has committed a 
                        crime for which a sentence of 
                        imprisonment may be imposed;
                  (C) propose or initiate an adverse action 
                against the employee as provided under law; or
                  (D) extend the period of investigative leave 
                under subsections (d) and (e).
          (6) Rule of construction.--Nothing in paragraph (5) 
        shall be construed to prevent the continued 
        investigation of an employee, except that the placement 
        of an employee in investigative leave may not be 
        extended for that purpose except as provided in 
        subsections (d) and (e).
    (d) Initial Extension of Investigative Leave.--
          (1) In general.--Subject to paragraph (4), if the 
        Chief Human Capital Officer of an agency, or the 
        designee of the Chief Human Capital Officer, approves 
        such an extension after consulting with the 
        investigator responsible for conducting the 
        investigation to which an employee is subject, the 
        agency may extend the period of investigative leave for 
        the employee under subsection (b) for not more than 30 
        days.
          (2) Maximum number of extensions.--The total period 
        of additional investigative leave for an employee under 
        paragraph (1) may not exceed 110 days.
          (3) Designation guidance.--Not later than 1 year 
        after the date of enactment of this section, the Chief 
        Human Capital Officers Council shall issue guidance to 
        ensure that if the Chief Human Capital Officer of an 
        agency delegates the authority to approve an extension 
        under paragraph (1) to a designee, the designee is at a 
        sufficiently high level within the agency to make an 
        impartial and independent determination regarding the 
        extension.
          (4) Extensions for oig employees.--
                  (A) Approval.--In the case of an employee of 
                an Office of Inspector General--
                          (i) the Inspector General or the 
                        designee of the Inspector General, 
                        rather than the Chief Human Capital 
                        Officer or the designee of the Chief 
                        Human Capital Officer, shall approve an 
                        extension of a period of investigative 
                        leave for the employee under paragraph 
                        (1); or
                          (ii) at the request of the Inspector 
                        General, the head of the agency within 
                        which the Office of Inspector General 
                        is located shall designate an official 
                        of the agency to approve an extension 
                        of a period of investigative leave for 
                        the employee under paragraph (1).
                  (B) Guidance.--Not later than 1 year after 
                the date of enactment of this section, the 
                Council of the Inspectors General on Integrity 
                and Efficiency shall issue guidance to ensure 
                that if the Inspector General or the head of an 
                agency, at the request of the Inspector 
                General, delegates the authority to approve an 
                extension under subparagraph (A) to a designee, 
                the designee is at a sufficiently high level 
                within the Office of Inspector General or the 
                agency, as applicable, to make an impartial and 
                independent determination regarding the 
                extension.
    (e) Further Extension of Investigative Leave.--
          (1) In general.--After reaching the limit under 
        subsection (d)(2), an agency may further extend a 
        period of investigative leave for an employee for a 
        period of not more than 60 days if, before the further 
        extension begins, the head of the agency or, in the 
        case of an employee of an Office of Inspector General, 
        the Inspector General submits a notification that 
        includes the reasons for the further extension to the--
                  (A) committees of jurisdiction;
                  (B) Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                  (C) Committee on Oversight and Government 
                Reform of the House of Representatives.
          (2) No limit.--There shall be no limit on the number 
        of further extensions that an agency may grant to an 
        employee under paragraph (1).
          (3) OPM review.--An agency shall request from the 
        Director, and include with the notification required 
        under paragraph (1), the opinion of the Director--
                  (A) with respect to whether to grant a 
                further extension under this subsection, 
                including the reasons for that opinion; and
                  (B) which shall not be binding on the agency.
          (4) Sunset.--The authority provided under this 
        subsection shall expire on the date that is 6 years 
        after the date of enactment of this section.
    (f) Consultation Guidance.--Not later than 1 year after the 
date of enactment of this section, the Council of the 
Inspectors General on Integrity and Efficiency, in consultation 
with the Attorney General and the Special Counsel, shall issue 
guidance on best practices for consultation between an 
investigator and an agency on the need to place an employee in 
investigative leave during an investigation of the employee, 
including during a criminal investigation, because the 
continued presence of the employee in the workplace during the 
investigation may--
          (1) pose a threat to the employee or others;
          (2) result in the destruction of evidence relevant to 
        an investigation;
          (3) result in loss of or damage to Government 
        property; or
          (4) otherwise jeopardize legitimate Government 
        interests.
    (g) Reporting and Records.--
          (1) In general.--An agency shall keep a record of the 
        placement of an employee in investigative leave or 
        notice leave by the agency, including--
                  (A) the basis for the determination made 
                under subsection (c)(1);
                  (B) an explanation of why an action under 
                subsection (c)(2) was not appropriate;
                  (C) the length of the period of leave;
                  (D) the amount of salary paid to the employee 
                during the period of leave;
                  (E) the reasons for authorizing the leave, 
                including, if applicable, the recommendation 
                made by an investigator under subsection 
                (d)(1); and
                  (F) the action taken by the agency at the end 
                of the period of leave, including, if 
                applicable, the granting of any extension of a 
                period of investigative leave under subsection 
                (d) or (e).
          (2) Availability of records.--An agency shall make a 
        record kept under paragraph (1) available--
                  (A) to any committee of Congress, upon 
                request;
                  (B) to the Office of Personnel Management; 
                and
                  (C) as otherwise required by law, including 
                for the purposes of the Administrative Leave 
                Act of 2016 and the amendments made by that 
                Act.
    (h) Regulations.--
          (1) OPM action.--Not later than 1 year after the date 
        of enactment of this section, the Director shall 
        prescribe regulations to carry out this section, 
        including guidance to agencies regarding--
                  (A) acceptable purposes for the use of--
                          (i) investigative leave; and
                          (ii) notice leave;
                  (B) the proper recording of--
                          (i) the leave categories described in 
                        subparagraph (A); and
                          (ii) other leave authorized by law;
                  (C) baseline factors that an agency shall 
                consider when making a determination that the 
                continued presence of an employee in the 
                workplace may--
                          (i) pose a threat to the employee or 
                        others;
                          (ii) result in the destruction of 
                        evidence relevant to an investigation;
                          (iii) result in loss or damage to 
                        Government property; or
                          (iv) otherwise jeopardize legitimate 
                        Government interests; and
                  (D) procedures and criteria for the approval 
                of an extension of a period of investigative 
                leave under subsection (d) or (e).
          (2) Agency action.--Not later than 1 year after the 
        date on which the Director prescribes regulations under 
        paragraph (1), each agency shall revise and implement 
        the internal policies of the agency to meet the 
        requirements of this section.
    (i) Relation to Other Laws.--Notwithstanding subsection (a) 
of section 7421 of title 38, this section shall apply to an 
employee described in subsection (b) of that section.

Sec. 6329c. Weather and safety leave

                  (a) Definitions.--In this section--
          (1) the term `agency'--
                  (A) means an Executive agency (as defined in 
                section 105 of this title); and
                  (B) does not include the Government 
                Accountability Office; and
          (2) the term `employee'--
                  (A) has the meaning given the term in section 
                2105; and
                  (B) does not include an intermittent employee 
                who does not have an established regular tour 
                of duty during the administrative workweek.
    (b) Leave for Weather and Safety Issues.--An agency may 
approve the provision of leave under this section to an 
employee or a group of employees without loss of or reduction 
in the pay of the employee or employees, leave to which the 
employee or employees are otherwise entitled, or credit to the 
employee or employees for time or service only if the employee 
or group of employees is prevented from safely traveling to or 
performing work at an approved location due to--
          (1) an act of God;
          (2) a terrorist attack; or
          (3) another condition that prevents the employee or 
        group of employees from safely traveling to or 
        performing work at an approved location.
    (c) Records.--An agency shall record leave provided under 
this section separately from leave authorized under any other 
provision of law.
    (d) Regulations.--Not later than 1 year after the date of 
enactment of this section, the Director of the Office of 
Personnel Management shall prescribe regulations to carry out 
this section, including--
          (1) guidance to agencies regarding the appropriate 
        purposes for providing leave under this section; and
          (2) the proper recording of leave provided under this 
        section.
    (e) Relation to Other Laws.--Notwithstanding subsection (a) 
of section 7421 of title 38, this section shall apply to an 
employee described in subsection (b) of that section.

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CHAPTER 65--TELEWORK

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SEC. 6502. EXECUTIVE AGENCIES TELEWORK REQUIREMENT.

    (a) * * *
    (b) * * *
    (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.

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