U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

59–010 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

2016

114–287 

Calendar No. 532 

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 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

RON JOHNSON, Wisconsin, Chairman 

JOHN MCCAIN, Arizona 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JAMES LANKFORD, Oklahoma 

MICHAEL B. ENZI, Wyoming 

KELLY AYOTTE, New Hampshire 

JONI ERNST, Iowa 

BEN SASSE, Nebraska 

THOMAS R. CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

TAMMY BALDWIN, Wisconsin 

HEIDI HEITKAMP, North Dakota 

CORY A. BOOKER, New Jersey 

GARY C. PETERS, Michigan 

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. VIN ̃ A, Minority Chief Counsel for Homeland Security 

LAURA W. KILBRIDE, Chief Clerk 


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Calendar No. 532 

114TH CONGRESS SENATE REPORT " ! 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 


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1 6 U.S.C. App. § 101, et seq. 2 Id. 3See, 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). 

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. 

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

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. 


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4Department of Homeland Security, The 2014 Quadrennial Homeland Security Review (June 

18, 2014), available at https://www.dhs.gov/sites/default/files/publications/2014-qhsr-final508.pdf. 5See DHS Management and Acquisition Reform: Hearing Before the S. Comm. on Homeland 

Sec. & Governmental Affairs, 114th Cong. (2016). 6Foreign Fighter Review Act, H.R. 4402 (114th Cong.). 

7 National Strategy to Combat Terrorist Travel Act, H.R. 4408 (114th Cong.). 

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. 

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. 

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 


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8GOV’T ACCOUNTABILITY OFFICE, GAO–15–290, HIGH-RISK SERIES: AN UPDATE (2015) [hereinafter GAO–15–290, HIGH-RISK SERIES: AN UPDATE]. 9GOV’T ACCOUNTABILITY OFFICE, GAO–16–507T, PROGRESS MADE, BUT WORK REMAINS IN

STRENGTHENING ACQUISITION AND OTHER MANAGEMENT FUNCTIONS (2016). 10GAO–15–290, HIGH-RISK SERIES: AN UPDATE at 209. 11 Id. at 5, 218. 12See, 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-security21st-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 IM- MIGRATION ENFORCEMENT 10–13 (Feb. 2015), available at http://bipartisanpolicy.org/wp-content/ 

uploads/2015/02/BPClImmigrationlMeasuringEnforcement.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). 14See id. at 1. 15S. Rep. No. 114–152 (2015). 

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

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. 

In addition to publically available border metrics, S. 2976 increases transparency by requiring DHS to publish more informaVerDate Sep 11 2014 07:25 Jul 01, 2016 Jkt 059010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR287.XXX SR287

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16GOV’T ACCOUNTABILITY OFFICE, GAO–16–375SP, 2016 ANNUAL REPORT: ADDITIONAL OPPOR- TUNITIES TO REDUCE FRAGMENTATION, OVERLAP, AND DUPLICATION AND ACHIEVE OTHER FINAN- CIAL 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/OIGlSARlOct01lMar31.pdf. 17See, 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). 18See, 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). 19GOV’T ACCOUNTABILITY OFFICE, GAO–15–79, FEDERAL PAID ADMINISTRATIVE LEAVE: ADDITIONAL GUIDANCE NEEDED TO IMPROVE OPM DATA (2014). 

tion 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. 

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. 

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 AmerVerDate Sep 11 2014 07:25 Jul 01, 2016 Jkt 059010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR287.XXX SR287

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20GOV’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. 

ican 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. 

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 


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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 riskbased 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 


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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. 


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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. 


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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. 


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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 Bioand 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. 


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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. 


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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 preinspection 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 


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appropriation of the necessary funds. Enacting the legislation 

would not affect direct spending or revenues; therefore, pay-as-yougo 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. 

ø(1)¿ (2) Each of the terms ‘‘American homeland’’ and ‘‘homeland’’ means the United States. 

ø(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. 

ø(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; 


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(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. 

ø(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)). 

ø(5)¿ (7) The term ‘‘Department’’ means the Department of 

Homeland Security. 

ø(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. 

ø(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. 

ø(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. 

ø(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 


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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)). 

ø(10)¿ (13) The term ‘‘key resources’’ means publicly or privately controlled resources essential to the minimal operations 

of the economy and government. 

ø(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. 

ø(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). 

ø(13)¿ (17) The term ‘‘personnel’’ means officers and employees. 

ø(14)¿ (18) The term ‘‘Secretary’’ means the Secretary of 

Homeland Security. 

ø(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. 

ø(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 


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(iii) to affect the conduct of a government by mass 

destruction, assassination, or kidnapping. 

ø(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. 

ø(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; øand¿ 

(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 

Departmentsø.¿;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) øAn Under Secretary for Management.¿ An Under 

Secretary for Management, who shall be first assistant to 


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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 DEP- UTY 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 


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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, 


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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. 


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(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.— 


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(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, øto 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 øemergency 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, 

øand tribal governments¿ tribal, and territorial governments, 

the private sector, and international partners as appropriate, 

øin the event of¿ for events, threats, and incidents involving a 

natural disaster, act of terrorism, or other man-made disaster; 

øand¿ 

(2) ensure that critical terrorism and disaster-related information reaches government decision-makersø.¿; 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 


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(4) as may be requested by the Secretary under section 202. 

ø(c)¿ (d) STATE AND LOCAL øFIRE SERVICE¿ Emergency Responder 

REPRESENTATION.— (1) øESTABLISHMENT 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. 

ø(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).¿ 

ø(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) * * * 

* * * * * * * 

ø(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— 

ø(A) the development of a management integration strategy for the Department, and 

ø(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, acquisiVerDate Sep 11 2014 07:25 Jul 01, 2016 Jkt 059010 PO 00000 Frm 00025 Fmt 6659 Sfmt 6602 E:\HR\OC\SR287.XXX SR287

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tion 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. 

ø(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. 

ø(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.’’; 

ø(b) IMMIGRATION.— 


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ø(1) IN GENERAL.—In addition to the responsibilities described in subsection (a), the Under Secretary for Management 

shall be responsible for the following: 

ø(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. 

ø(B) Establishment of standards of reliability and validity for immigration statistics collected by such bureaus. 

ø(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: 

ø(A) The Border Patrol program. 

ø(B) The detention and removal program. 

ø(C) The intelligence program. 

ø(D) The investigations program. 

ø(E) The inspections program. 

ø(F) Adjudication of immigrant visa petitions. 

ø(G) Adjudication of naturalization petitions. 

ø(H) Adjudication of asylum and refugee applications. 

ø(I) Adjudications performed at service centers. 

ø(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 enterVerDate Sep 11 2014 07:25 Jul 01, 2016 Jkt 059010 PO 00000 Frm 00027 Fmt 6659 Sfmt 6603 E:\HR\OC\SR287.XXX SR287

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ing 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. 

ø(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; 


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(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 

øThe 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— 

ø(1) participating in the 2302(c) Certification Program of the 

Office of Special Counsel; 

ø(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 

ø(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— 


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(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; 


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(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); øand¿ 

(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.— 


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(1) IN GENERAL.—øNot 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; øand¿ 

(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 

ø(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; 


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(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. 


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(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; 


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(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; 


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(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; 


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(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 reVerDate Sep 11 2014 07:25 Jul 01, 2016 Jkt 059010 PO 00000 Frm 00037 Fmt 6659 Sfmt 6603 E:\HR\OC\SR287.XXX SR287

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sponsibilities 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 


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(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 PER- SONNEL.—The Secretary shall— 

(1) designate a career Deputy Assistant Secretary for Partnerships Against Violent Extremism; and 


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(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 

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governmental partners to utilize such research and 

analysis. 

(viii) Assessing the methods used by violent extremists to disseminate propaganda and messaging to communities at risk for recruitment by violent extremists. 

(B) Developing a digital engagement strategy that expands the outreach efforts of the Department to counter violent extremist messaging by— 

(i) exploring ways to utilize relevant Internet and 

other technologies and social media platforms; and 

(ii) maximizing other resources available to the Department. 

(C) Serving as the primary representative of the Department in coordinating countering violent extremism efforts 

with other Federal departments and agencies and 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. 


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(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, midterm, 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. 


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(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 

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mism, 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 øby— 

ø(i) the counternarcotics officer, appointed under 

section 878; or 

ø(ii) if applicable, the counternarcotics officer’s successor in function (as determined by the Secretary); 

and¿ by the Secretary; and 

* * * * * * * 

SEC. 874. FUTURE øYEAR¿ YEARS HOMELAND SECURITY PROGRAM. 

(a) IN GENERAL.—øEach 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) øEFFECTIVE 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


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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). 

* * * * * * * 

øSEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT. 

ø(a) OFFICE.—There is established in the Department an Office 

of Counternarcotics Enforcement, which shall be headed by a Director appointed by the President. 

ø(b) ASSIGNMENT OF PERSONNEL.— 

ø(1) IN GENERAL.—The Secretary shall assign permanent 

staff to the Office, consistent with effective management of Department resources. 

ø(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. 

ø(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. 

ø(d) RESPONSIBILITIES.—The Secretary shall direct the Director 

of the Office of Counternarcotics Enforcement— 

ø(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; 

ø(2) to ensure the adequacy of resources within the Department for stopping the entry of illegal drugs into the United 

States; 

ø(3) to recommend the appropriate financial and personnel 

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sponsibility to stop the entry of illegal drugs into the United 

States; 

ø(4) within the Joint Terrorism Task Force construct to track 

and sever connections between illegal drug trafficking and terrorism; and 

ø(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. 

ø(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. 

ø(f) REPORTS TO CONGRESS.— 

ø(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— 

ø(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; 

ø(B) describe with particularity how such requested 

funds would be or could be expended in furtherance of 

counternarcotics activities; and 

ø(C) compare such requests with requests for expenditures and amounts appropriated by Congress in the previous fiscal year. 

ø(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— 

ø(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; 

ø(B) describe the results of those activities, using quantifiable data whenever possible; 


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ø(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 

ø(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. 

ø(3) CLASSIFIED OR LAW ENFORCEMENT SENSITIVE INFORMA- TION.—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. øREQUIREMENT TO COMPLY WITH LAWS PROTECTING 

EQUAL EMPLOYMENT OPPORTUNITY AND PROVIDING¿ 

WHISTLEBLOWER PROTECTIONS. 

øNothing in this Act shall be construed as exempting the Department from requirements applicable with respect to executive agencies— 

ø(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 

ø(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.— 


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(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; 


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(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 

* * * * * * * 


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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 øan 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) øANNUAL¿ 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 øonce 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 

øthe 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 øthe previous year¿ the previous 2 

years. 

(2) TECHNOLOGY.—Not less frequently than øonce 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) øANNUAL¿ BIENNIAL Report on Joint Interagency Review.— 

(1) IN GENERAL.—Not later than March 31 øof each year¿ of 

every other year, the Secretary, the Attorney General, the Secretary of State, the Secretary of Defense, the Secretary of EnVerDate Sep 11 2014 07:25 Jul 01, 2016 Jkt 059010 PO 00000 Frm 00050 Fmt 6659 Sfmt 6602 E:\HR\OC\SR287.XXX SR287

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49 

ergy, 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 øannual¿ 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; øor¿ 

(B) for any State or local government cost-sharing 

contributionø.¿; 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) * * * 

ø(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.¿ 

* * * * * * * 


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50 

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; øand¿ 

(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 

ø(xii)¿ (xiii) any other significant change in duties, 

responsibilities, or working conditions; 

Subpart E—Attendance and Leave 

* * * * * * * 

CHAPTER 63—LEAVE 

* * * * * * * 


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51 

Subchapter II—Other Paid Leave 

* * * * * * * 

§ 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 


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52 

§ 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 


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53 

(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 


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54 

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 


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55 

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). 


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56 

(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— 


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57 

(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. 

§ 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. 


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58 

(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. 

* * * * * * * 

CHAPTER 65—TELEWORK 

* * * * * * * 

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. 

* * * * * * * 

Æ 


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