[House Report 116-370]
[From the U.S. Government Publishing Office]
116th Congress } { Rept. 116-370
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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HOMELAND SECURITY FOR CHILDREN ACT
_______
January 8, 2020.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 2932]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2932) to amend the Homeland Security Act of 2002
to ensure that the needs of children are considered in homeland
security planning, 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.................................................. 4
Committee Oversight Findings..................................... 4
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 4
Federal Mandates Statement....................................... 5
Statement of General Performance Goals and Objectives............ 6
Duplicative Federal Programs..................................... 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits.......................................................
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
Committee Correspondence......................................... 9
Purpose and Summary
H.R. 2932, the ``Homeland Security for Children Act,''
would ensure that the needs of children are adequately included
and considered in Department of Homeland Security (DHS)
planning.
Background and Need for Legislation
Making up 23 percent of the American population,\1\
children are some of the most vulnerable among us. Due to their
general incapacity to protect and advocate for themselves,
children are more likely to succumb to the negative outcomes
associated with disasters and acts of terrorism;\2\ and when
disaster strikes, whether natural or manmade, the country has
historically struggled to adequately prepare for children's
unique needs.\3\
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\1\``Number of Children: Key facts about the number of children in
the United States,'' Child Trends. Accessed on May 14, 2019. Available
at: https://www.childtrends.org/indicators/number-of-children.
\2\``What is a Vulnerable Population in Health Care?'' Care
Centrix. September 7, 2017. Accessed on May 20, 2019. Available at:
https://www.carecentrix.com/blog/what-is-a-vulnerable-population.
\3\``2005 Hurricane Katrina Strikes, 2010 America Remains
Unprepared: A National Report Card on Protecting Children During
Disasters'' Save the Children. Accessed on May 20, 2019. Available at:
https://www.savethechildren.org/content/dam/usa/reports/emergency-prep/
disaster-report-2010.pdf.
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In response, in July 2015, then-Federal Emergency
Management Agency (FEMA) Administrator Craig Fugate established
the children's technical expert position;\4\ however, over the
past four years, this position was never authorized, calling
into question whether FEMA will continue to give special
attention to children's needs. The ``Homeland Security for
Children Act'' would formally authorize the children's
technical expert position, ensuring that FEMA will adequately
incorporate the needs of children into its emergency
preparedness, response, recovery, and mitigation activities.
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\4\``Children and Disasters: An Integrated Approach to Disaster
Planning, Preparedness, Response, and Recovery,'' Federal Emergency
Management Agency National Advisory Council Meeting, September 18,
2015. Accessed on May 15, 2019. Available at: https://www.fema.gov/
media-library-data/1444146313302-51ff102360b5d17c9cee79abd11e43f3/
ChildrenandDisasters_ LauraleeKoziol_9-18-15(508c).pdf.
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Additionally, the ``Homeland Security for Children Act''
would make children's needs a priority throughout the
Department of Homeland Security, by directing the
Undersecretary for Strategy, Policy, and Plans to incorporate
feedback from children's organizations into Department-wide
activities. This legislation also includes a requirement for
the Under Secretary for Strategy, Policy, and Plans to submit a
report to Congress on the Department's efforts to integrate the
needs of children into its policies, programs, and activities.
In the 116th Congress, Committee Members heard from
witnesses who described how children are at greater risk of the
impacts of climate change and disasters, as they are more
susceptible to physical and mental injuries and death; how
disaster planning should be uniquely tailored for children; and
how the Federal government could improve school security for
children, among other things.
An earlier version of the ``Homeland Security for Children
Act'' was introduced and passed by voice vote in the House last
Congress.\5\ The legislation is endorsed by the National
Coalition on Children, which includes Save Children; Child Care
Aware; Child Welfare League of America; Early Care and
Education Consortium; First Focus Campaign for Children;
Institute for Child Success; National Center for Disaster
Preparedness at Columbia University; 1,000 Days; Partnership
for Inclusive Disaster Strategies; Public Advocacy for Kids;
Share our Strength; Young Center for Immigrant Children's
Rights; and Zero to Three.
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\5\H.R. 1372. Introduced on March 3, 2017.
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Hearings
For the purposes of section 103(i) of H. Res. 6. of the
116th Congress, the following hearings were used to develop
H.R. 2932:
On April 9, 2019, the Committee held a
hearing entitled, ``Assessing the Homeland Security
Impacts of a Changing Climate.'' The Committee received
testimony from Astrid Caldas, Ph.D., Senior Climate
Change Scientist, Union of Concerned Scientists;
Timothy Manning, Senior Advisor to the Pacific Disaster
Center and the President and CEO of Berglind-Manning
Inc.; Kristie Trousdale, MPH, Deputy Director,
Children`s Environmental Health Network; and Dan
Eggleston, EFO, CEO, CMO, President and Chairman of the
Board, International Association of Fire Chiefs.
On July 23, 2019, the Committee held a
hearing entitled, ``Protecting Every Citizen: Assessing
Emergency Preparedness for Underserved Populations.''
The Committee received testimony from Major Louis V.
Bucchere, Commanding Officer, Emergency Management
Section, New Jersey State Police; Kelly Boyd, Access
and Functional Needs Planner, Preparedness Bureau,
Emergency Management Section, New Jersey Office of
Emergency Management; Elizabeth Curda, Director,
Education, Workforce, and Income Security, Government
Accountability Office; Marcie Roth, CEO, Partnership
for Inclusive Disaster Strategies; Dorian Herrell,
Director, Office of Emergency Management and Homeland
Security, City of Newark; Luke Koppisch, Deputy
Director, Alliance Center for Independence; and
Laurence Flint, MD, New Jersey Chapter Representative,
American Academy of Pediatrics Disaster Preparedness
Committee.
On September 26, 2019, the Committee held a
hearing entitled, ``Engaging the Community:
Perspectives on School Security.'' The Committee
received testimony from Jared Maples, Director, New
Jersey Office of Homeland Security and Preparedness;
Kathy Martinez-Prather, Director, Texas School Safety
Center, Texas State University; Lauren Hogg, Co-
Founder, March for Our Lives; Parkland shooting
survivor; and Max Schachter, Founder and CEO, Safe
Schools for Alex.
Committee Consideration
The Committee met on October 23, 2019, with a quorum being
present, to consider H.R. 2932 and ordered the measure to be
reported to the House with a favorable recommendation, without
amendment, by unanimous consent.
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. 2932.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Congressional Budget Office Estimate New Budget Authority, Entitlement
Authority, and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee adopts as its
own the estimate of the estimate of new budget authority,
entitlement authority, or tax expenditures or revenues
contained in the cost estimate prepared by the Director of the
Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 11, 2019.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for Department of Homeland
Security Legislation.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Kim Cawley.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
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On October 23, 2019, the House Committee on Homeland
Security ordered reported the following bills:
H.R. 2932, the Homeland Security for
Children Act, which would direct the Department of
Homeland Security (DHS) to consider the needs of
children during its strategic planning activities (such
as preparation for natural disasters);
H.R. 3787, the DHS Countering Unmanned
Aircraft Systems Coordinator Act, which would direct
DHS to designate one of its officials to coordinate the
department`s efforts to combat threats from unmanned
aircraft systems (or drones);
H.R. 4737, the Department of Homeland
Security Climate Change Research Act, which would
direct DHS to assess and potentially expand upon
existing federal research projects that examine ways to
mitigate the effects of climate change on homeland
security programs; and
DHS is currently carrying out activities similar to those
required by the bills listed above, and any new activities
required under the legislation would not require substantial
action by the department. Thus, CBO estimates that implementing
each bill would not have a significant cost; any spending would
be subject to the availability of appropriated funds.
The CBO staff contact for this estimate is Kim Cawley. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
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.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 2932 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the objective of H.R. 2932 is to
ensure that the needs of children are incorporated into DHS
planning by authorizing the children`s technical expert
position. Further, the legislation would enhance Federal
accountability and support for activities to mitigate the
impacts of natural and manmade disasters on children.
Advisory on Earmarks
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(d), 9(e), or 9(f) of the rule
XXI.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
``Homeland Security for Children Act.''
Sec. 2. Responsibilities of the Under Secretary for Strategy, Policy,
and Plans
This section directs the Undersecretary for Strategy,
Policy, and Plans to incorporate the feedback of organizations
that represent the needs of children into Department of
Homeland Security-wide planning to ensure that the needs of
children are adequately considered in homeland security
matters.
Sec. 3. Technical Expert Authorized
This section authorizes the children`s technical expert
position within the Federal Emergency Management Agency. The
children`s technical expert would be permitted to consult with
relevant, outside organizations and experts to better integrate
the unique needs of children in FEMA activities to prepare for,
protect against, respond to, recover from, and mitigate against
natural and manmade disasters.
Sec. 4. Report
This section requires the Undersecretary for Strategy,
Policy, and Plans to submit a report to the relevant
Congressional Committees, detailing DHS` efforts to review and
incorporate feedback form organizations representing the needs
of children into Department-wide policy. This report would
include the individual responsible for carrying out the
requirements of this legislation, any review of Department-wide
policies, programs, or activities intended to assess the
suitability of incorporating feedback of organizations
representing children in Departmental policies, programs, and
activities; any review, modification, or change to Department
policies, programs, and activities to incorporate the needs of
children; Department coordination with outside organizations
and experts representing the needs of children, and any other
conduct done to inform any changes in policy, programs, or
activities in order to ensure that the unique needs of children
are adequately considered by DHS in all of its activities.
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 (new matter is
printed in italic 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. 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. The Under Secretary for Strategy,
Policy, and Plans shall be appointed by the President, by and
with the advice and consent of the Senate.
(c) Functions.--The Under Secretary for 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, components, 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 consultation with the
Secretary regarding 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, including feedback from
organizations representing the needs of children, into
Department policy; and
(7) carry out such other responsibilities as the
Secretary determines appropriate.
(d) Deputy Under Secretary.--
(1) In general.--The Secretary may--
(A) establish within the Office of Strategy,
Policy, and Plans a position of Deputy Under
Secretary to support the Under Secretary for
Strategy, Policy, and Plans in carrying out the
Under Secretary's responsibilities; and
(B) appoint a career employee to such
position.
(2) Limitation on establishment of deputy under
secretary positions.--A Deputy Under Secretary position
(or any substantially similar position) within the
Office of Strategy, Policy, and Plans may not be
established except for the position provided for by
paragraph (1), unless the Secretary receives prior
authorization from Congress.
(3) Definitions.--For purposes of paragraph (1)--
(A) the term ``career employee'' means any
employee (as such term is defined in section
2105 of title 5, United States Code), but does
not include a political appointee; and
(B) the term ``political appointee'' means
any employee who occupies a position which has
been excepted from the competitive service by
reason of its confidential, policy-determining,
policy-making, or policy-advocating character.
(e) 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 with respect
to each such component.
(f) 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 by the heads of all
components of the Department 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 as 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, U.S. Immigration and Customs Enforcement,
and United States 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.
(g) Limitation.--Nothing in this section overrides or
otherwise affects the requirements specified in section 888.
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