[House Report 115-41]
[From the U.S. Government Publishing Office]


115th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {       115-41

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



 
 QUADRENNIAL HOMELAND SECURITY REVIEW TECHNICAL CORRECTIONS ACT OF 2017

                                _______
                                

 March 16, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1297]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 1297) to amend the Homeland Security Act of 2002 
to make technical corrections to the requirement that the 
Secretary of Homeland Security submit quadrennial homeland 
security reviews, and for other purposes, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Congressional Budget Office Estimate.............................     4
Statement of General Performance Goals and Objectives............     4
Duplicative Federal Programs.....................................     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     5
Disclosure of Directed Rule Makings..............................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     6

                          Purpose and Summary

    H.R. 1297, the Quadrennial Homeland Security Review 
Technical Corrections Act of 2017, amends the Homeland Security 
Act of 2002 (Pub. L. 107-296), revises the requirements for the 
Quadrennial Homeland Security Review (QHSR) to improve the 
quality and timeliness of the review that the Department of 
Homeland Security carries out. Namely, this legislation 
requires the Department of Homeland Security (``DHS'' or ``the 
Department'') to conduct a risk assessment to inform the QHSR, 
to complete more robust stakeholder engagement, and to maintain 
all documentation regarding the QHSR, including, but not 
limited to, all written communications sent out by the 
Secretary and feedback submitted to the Secretary, information 
on how feedback received by the Secretary informed the QHSR, 
and information regarding the risk assessment. Maintaining such 
documentation should allow Congress to conduct more effective 
oversight of DHS's decision-making process regarding the QHSR.

                  Background and Need for Legislation

    The Department of Homeland Security is required, through 
the Implementing Recommendations of the 9/11 Commission Act of 
2007 (Pub. L. 110-53), to conduct a QHSR every four years. 
Modeled after the Quadrennial Defense Review, the QHSR outlines 
the Department's vision and strategy to effectively implement 
its mission. As stated in the first QHSR released in February 
2010, ``the purpose of the first-ever Quadrennial Homeland 
Security Review is to outline the strategic framework to guide 
the activities of participants in homeland security toward a 
common end. A safe and secure homeland must mean more than 
preventing terrorist attacks from being carried out. It must 
also ensure that the liberties of all Americans are assured, 
privacy is protected, and the means by which we interchange 
with the world--through travel, lawful immigration, trade, 
commerce, and exchange-are secured.'' The first QHSR identified 
five homeland security missions--preventing terrorism and 
enhancing security; securing and managing our borders; 
enforcing and administering our immigration laws; safeguarding 
and securing cyberspace; and ensuring resilience to disasters--
as well as goals and objectives to be achieved within each 
mission area. The Government Accountability Office (GAO) 
completed an extensive review of the first QHSR and concluded 
that of the nine 9/11 Commission Act reporting elements to the 
QHSR, DHS addressed three in full and addressed the remaining 
six elements only partially, including the requirement that it 
include budget planning descriptions. GAO recommended that for 
future reviews, DHS provide more time for stakeholder 
consultations, explore options for consulting with nonfederal 
stakeholders, and examine how risk information could be 
considered in prioritizing QHSR initiatives.
    DHS issued its second QHSR in 2014. In April 2016, GAO 
released its review of the second QHSR and reported some 
progress in addressing weaknesses in the first review, but 
indicated that there were several areas for improvement for 
future reviews.\1\ Specifically, GAO found that DHS did not 
document how its various analyses were synthesized to generate 
results reflected in the second QHSR; DHS' failure to do so 
limited the reproducibility and defensibility of the results. 
In addition, GAO found that while the Department expanded 
stakeholder interaction with the Homeland Security Enterprise 
as was suggested by GAO in 2010, the collaboration needed 
improvement, particularly as it relates to fostering 
interactive communication and feedback. GAO made four 
recommendations for executive action: 1) ensure future QHSR 
risk assessment methodologies reflect key elements of 
successful risk assessment methodologies; 2) refine its risk 
assessment methodology so that future QHSRs can compare and 
prioritize homeland security risks and risk mitigation 
strategies; 3) identify and implement stakeholder meeting 
processes to ensure that communication is interactive when 
project planning for the next QHSR; and 4) clarify component 
detailee roles and responsibilities when project planning for 
the next QHSR. DHS concurred with all four recommendations.
---------------------------------------------------------------------------
    \1\ GAO, Quadrennial Homeland Security Review: Improved Risk 
Analysis and Stakeholder Consultations Could Enhance Future Reviews, 
GAO-16-371 (Washington, D.C.: Apr. 15, 2016).
---------------------------------------------------------------------------

                                Hearings

    No hearings were held on H.R. 1297.

                        Committee Consideration

    The Committee met on March 8, 2017, to consider H.R. 1297, 
and ordered the measure to be reported to the House with a 
favorable recommendation, without amendment, by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 1297.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
1297, the Quadrennial Homeland Security Review Technical 
Corrections Act of 2017, would result in no new or increased 
budget authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 13, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1297, the 
Quadrennial Homeland Security Review Technical Corrections Act 
of 2017.
    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.

H.R. 1297--Quadrennial Homeland Security Review Technical Corrections 
        Act of 2017

    Every four years the Department of Homeland Security (DHS), 
is required, to conduct a comprehensive review of its strategy 
to improve the security of the United States, including 
recommendations relating to the long-term strategy to improve 
security. H.R. 1297 would make technical changes to the matters 
that must be addressed in that quadrennial review. Based on 
information from DHS, CBO estimates that implementing H.R. 1297 
would have no significant effect on the department's spending.
    Enacting the legislation would not affect direct spending 
or revenues; therefore, pay-as-you-go procedures do not apply. 
CBO estimates that enacting H.R. 1297 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 1297 contains no intergovernmental or private-sector 
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.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 1297 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This legislation provides for DHS to maintain documentation 
that provides information on the process for developing the 
Quadrennial Homeland Security Review. It further provides for 
DHS to conduct a risk assessment to inform the QHSR.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 1297 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 1297 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 1297 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``Quadrennial Homeland Security Review Technical Corrections 
Act of 2017''.

Sec. 2.   Technical Corrections to Quadrennial Homeland Security 
        Review.

    Section 2 amends Section 707 of the Homeland Security Act 
of 2002. This section outlines various stakeholders to be 
consulted during the production of the Quadrennial Homeland 
Security Review (QHSR) by including representatives from 
appropriate advisory committees and adds language to prioritize 
homeland security missions based on a risk assessment required 
by this legislation. Additionally, this section:
       adds the language ``to the extent practicable'' in the 
        requirement that the Secretary describe all interagency 
        cooperation, resources required, infrastructure, etc. 
        associated with the homeland security strategies 
        required to fully execute the full range of missions 
        called for in the strategies when gathering information 
        from other agencies;
       adds the language ``to the extent practicable'' in the 
        requirement that the Secretary identify the resources 
        required to fulfill homeland security strategies and 
        missions when gathering information from other 
        agencies;
       removes the term ``budget plan'' and replaces it with 
        ``resources required'';
       adds the requirement for the QHSR to include any 
        resources identified from redundant, wasteful, or 
        unnecessary capabilities and capacities that can be 
        redirected to support other priorities that were 
        identified during the course of reviewing the resources 
        required to execute the full range of missions; and
       updates the Homeland Security Act of 2002 by striking 
        section 707(b)(6).
    This section also requires the Department to submit a 
report to Congress on the QHSR 60 days after the date of the 
submittal of the President's budget for the fiscal year, which 
shall include, among other items, a risk assessment of the 
threats examined for the purpose of the review. Additionally, 
this section requires the Secretary to retain all documentation 
regarding the QHSR, including, but not limited to, all written 
communications sent out by the Secretary and feedback submitted 
to the Secretary; information on how feedback received by the 
Secretary informed the QHSR; and information regarding the risk 
assessment. Paragraph (4) of this subsection requires the 
Secretary to provide information to the Homeland Security 
Committees of the House and Senate on the degree to which 
findings and recommendations developed in the review were 
integrated into the acquisition strategy and expenditure plans 
of the Department no later than 90 days after the date of 
issuance of each report.
    Finally, this section states that the changes made by this 
Act shall apply to any QHSR required to be submitted after 
December 31, 2021.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002




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TITLE VII--MANAGEMENT

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SEC. 707. QUADRENNIAL HOMELAND SECURITY REVIEW.

  (a) Requirement.--
          (1) Quadrennial reviews required.--In fiscal year 
        2009, and every 4 years thereafter, the Secretary shall 
        conduct a review of the homeland security of the Nation 
        (in this section referred to as a ``quadrennial 
        homeland security review'').
          (2) Scope of reviews.--Each quadrennial homeland 
        security review shall be a comprehensive examination of 
        the homeland security strategy of the Nation, including 
        recommendations regarding the long-term strategy and 
        priorities of the Nation for homeland security and 
        guidance on the programs, assets, capabilities, budget, 
        policies, and authorities of the Department.
          (3) Consultation.--The Secretary shall conduct each 
        quadrennial homeland security review under this 
        subsection in consultation with--
                  (A) the heads of other Federal agencies, 
                including the Attorney General, the Secretary 
                of State, the Secretary of Defense, the 
                Secretary of Health and Human Services, the 
                Secretary of the Treasury, the Secretary of 
                Agriculture, and the Director of National 
                Intelligence;
                  (B) key officials of the Department, 
                including the Under Secretary for Strategy, 
                Policy, and Plans; [and]
                  (C) representatives from appropriate advisory 
                committees established pursuant to section 871, 
                including the Homeland Security Advisory 
                Council and the Homeland Security Science and 
                Technology Advisory Committee, or otherwise 
                established, including the Aviation Security 
                Advisory Committee established pursuant to 
                section 44946 of title 49, United States Code; 
                and
                  [(C)] (D) other relevant governmental and 
                nongovernmental entities, including State, 
                local, and tribal government officials, members 
                of Congress, private sector representatives, 
                academics, and other policy experts.
          (4) Relationship with future years homeland security 
        program.--The Secretary shall ensure that each review 
        conducted under this section is coordinated with the 
        Future Years Homeland Security Program required under 
        section 874.
  (b) Contents of Review.--In each quadrennial homeland 
security review, the Secretary shall--
          (1) delineate and update, as appropriate, the 
        national homeland security strategy, consistent with 
        appropriate national and Department strategies, 
        strategic plans, and Homeland Security Presidential 
        Directives, including the National Strategy for 
        Homeland Security, the National Response Plan, and the 
        Department Security Strategic Plan;
          (2) outline and prioritize the full range of the 
        critical homeland security mission areas of the Nation 
        based on the risk assessment required pursuant to 
        subsection (c)(2)(B);
          (3) describe, to the extent practicable, the 
        interagency cooperation, preparedness of Federal 
        response assets, infrastructure, [budget plan] 
        resources required, and other elements of the homeland 
        security program and policies of the Nation associated 
        with the national homeland security strategy, required 
        to execute successfully the full range of missions 
        called for in the national homeland security strategy 
        described in paragraph (1) and the homeland security 
        mission areas outlined under paragraph (2);
          (4) identify, to the extent practicable, the [budget 
        plan required to provide sufficient resources to 
        successfully] resources required to execute the full 
        range of missions called for in the national homeland 
        security strategy described in paragraph (1) and the 
        homeland security mission areas outlined under 
        paragraph (2)[;], including any resources identified 
        from redundant, wasteful, or unnecessary capabilities 
        or capacities that may be redirected to better support 
        other existing capabilities or capacities, as the case 
        may be; and
          (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.]
  (c) Reporting.--
          (1) In general.--Not later than [December 31 of the 
        year] 60 days after the date of the submission of the 
        President's budget for the fiscal year after the fiscal 
        year in which a quadrennial homeland security review is 
        conducted, the Secretary shall submit to Congress a 
        report regarding that quadrennial homeland security 
        review.
          (2) Contents of report.--Each report submitted under 
        paragraph (1) shall include--
                  (A) the results of the quadrennial homeland 
                security review;
                  (B) a [description of the threats to] risk 
                assessment of the assumed or defined national 
                homeland security interests of the Nation that 
                were examined for the purposes of that review;
                  (C) the national homeland security strategy, 
                including a prioritized list of the critical 
                homeland security missions of the Nation, as 
                required under subsection (b)(2);
                  (D) to the extent practicable, a description 
                of the interagency cooperation, preparedness of 
                Federal response assets, infrastructure, 
                [budget plan] resources required, and other 
                elements of the homeland security program and 
                policies of the Nation associated with the 
                national homeland security strategy, required 
                to execute successfully the full range of 
                missions called for in the applicable national 
                homeland security strategy referred to in 
                subsection (b)(1) and the homeland security 
                mission areas outlined under subsection (b)(2);
                  (E) an assessment of the organizational 
                alignment of the Department with the applicable 
                national homeland security strategy referred to 
                in subsection (b)(1) and the homeland security 
                mission areas outlined under subsection (b)(2), 
                including the Department's organizational 
                structure, management systems, budget and 
                accounting systems, human resources systems, 
                procurement systems, and physical and technical 
                infrastructure;
                  (F) to the extent practicable, a discussion 
                of [the status of] cooperation among Federal 
                agencies in the effort to promote national 
                homeland security;
                  (G) to the extent practicable, a discussion 
                of [the status of] cooperation between the 
                Federal Government and State, local, and tribal 
                governments in preventing terrorist attacks and 
                preparing for emergency response to threats and 
                risks to national homeland security; and
                  [(H) an explanation of any underlying 
                assumptions used in conducting the review; and]
                  [(I)] (H) any other matter the Secretary 
                considers appropriate.
          (3) Documentation.--The Secretary shall retain and, 
        upon request, provide to Congress the following 
        documentation regarding each quadrennial homeland 
        security review:
                  (A) Records regarding the consultation 
                carried out the pursuant to subsection (a)(3), 
                including--
                          (i) all written communications, 
                        including communications sent out by 
                        the Secretary and feedback submitted to 
                        the Secretary through technology, 
                        online communications tools, in-person 
                        discussions, and the interagency 
                        process; and
                          (ii) information on how feedback 
                        received by the Secretary informed each 
                        such quadrennial homeland security 
                        review.
                  (B) Information regarding the risk assessment 
                required under subsection (c)(2)(B), 
                including--
                          (i) the risk model utilized to 
                        generate such risk assessment;
                          (ii) information, including data used 
                        in the risk model, utilized to generate 
                        such risk assessment;
                          (iii) sources of information, 
                        including other risk assessments, 
                        utilized to generate such risk 
                        assessment; and
                          (iv) information on assumptions, 
                        weighing factors, and subjective 
                        judgments utilized to generate such 
                        risk assessment, together with 
                        information on the rationale or basis 
                        thereof.
          [(3)] (4) Public availability.--The Secretary shall, 
        consistent with the protection of national security and 
        other sensitive matters, make each report submitted 
        under paragraph (1) publicly available on the Internet 
        website of the Department.
  (d) Review.--Not later than 90 days after the submission of 
each report required under subsection (c)(1), the Secretary 
shall provide to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate information on the 
degree to which the findings and recommendations developed in 
the quadrennial homeland security review that is the subject of 
such report were integrated into the acquisition strategy and 
expenditure plans for the Department.
  [(d)] (e) Authorization of Appropriations.--There are 
authorized to be appropriated such sums as may be necessary to 
carry out this section.

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