```

[House Report 115-915]
[From the U.S. Government Publishing Office]

115th Congress    }                                  {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                  {        115-915

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

 
  DEPARTMENT OF HOMELAND SECURITY CHIEF DATA OFFICER AUTHORIZATION ACT

                                _______
                                

 September 4, 2018.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 6447]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 6447) to amend the Homeland Security Act of 2002 
to establish the position of Chief Data Officer of the 
Department of Homeland Security, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
 Purpose and Summary.............................................     3
 Background and Need for Legislation.............................     3
 Hearings........................................................     4
 Committee Consideration.........................................     4
 Committee Votes.................................................     4
 Committee Oversight Findings....................................     5
 New Budget Authority, Entitlement Authority, and Tax 
  Expenditures...................................................     5
 Congressional Budget Office Estimate............................     5
 Statement of General Performance Goals and Objectives...........     5
 Duplicative Federal Programs....................................     5
 Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
 Federal Mandates Statement......................................     6
 Preemption Clarification........................................     6
 Disclosure of Directed Rule Makings.............................     6
 Advisory Committee Statement....................................     6
 Applicability to Legislative Branch.............................     6
 Section-by-Section Analysis of the Legislation..................     6
 Changes in Existing Law Made by the Bill, as Reported...........     8

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Department of Homeland Security Chief 
Data Officer Authorization Act''.

SEC. 2. CHIEF DATA OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY.

  Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is 
amended by adding at the end the following new subsection:
  ``(c) Chief Data Officer.--
          ``(1) In general.--The Secretary, in consultation with the 
        Chief Information Officer, shall designate a career appointee 
        (as such term is defined in section 3132 of title 5, United 
        States Code) of the Department as the Chief Data Officer of the 
        Department.
          ``(2) Qualifications.--The Chief Data Officer shall possess 
        demonstrated training and experience in the management, 
        governance, generation, collection, protection, analysis, use, 
        and sharing of data, including the protection and de-
        identification of personally identifiable information.
          ``(3) Functions.--The Chief Data Officer shall be responsible 
        for the following:
                  ``(A) Ensuring that the Department conforms with data 
                management best practices recognized across industry 
                and the Federal Government.
                  ``(B) Coordinating the organization and integration 
                of data across the Department for improved 
                interoperability, analysis, and decision-making.
                  ``(C) Reviewing the impact of the infrastructure of 
                the Department regarding data integrity and 
                interoperability.
                  ``(D) Coordinating the release of data for public use 
                following appropriate privacy reviews within the 
                Department, as coordinated with the Chief Privacy 
                Officer.
                  ``(E) Promoting the use of modern data systems to 
                improve Department operations.
                  ``(F) Coordinating the storage of Department records 
                in accordance with the National Archives and Records 
                Administration's General Records Schedules.
                  ``(G) Overseeing, in coordination with the Chief 
                Privacy Officer of the Department, as appropriate, the 
                Department's compliance with the following 
                responsibilities:
                          ``(i) Issuing guidelines ensuring and 
                        maximizing the quality, objectivity, utility 
                        and integrity of information (including 
                        statistical information).
                          ``(ii) Establishing administrative mechanisms 
                        that allow affected persons to seek and obtain 
                        correction of information maintained and 
                        disseminated by relevant components of the 
                        Department that does not comply with the 
                        Department's guidelines.
                          ``(iii) Reporting to the Director of the 
                        Office of Management and Budget about the 
                        number and nature of complaints received by 
                        relevant components of the Department regarding 
                        the accuracy of information disseminated and 
                        how such complaints were handled by such 
                        components.
                  ``(H) Coordinating with appropriate officials of the 
                Department, including the Chief Privacy Officer, 
                component privacy officers, component Chief Data 
                Officers, and program managers, regarding the use of 
                data within their respective components and under their 
                authorities.
                  ``(I) Serving as the liaison to other Federal 
                agencies and the Office of Management and Budget on 
                data and the best way to use existing Department data 
                for statistical purposes.
          ``(4) Component chief data officers.--The heads of each 
        operational component of the Department, in consultation with 
        the Chief Data Officer of the Department and the Chief 
        Information Officer of such component, shall designate a career 
        appointee (as such term is defined in section 3132 of title 5, 
        United States Code) from each such component of the Department 
        as the Chief Data Officer of their respective component. Each 
        such component Chief Data Officer shall--
                  ``(A) have the qualifications described under 
                subsection (c)(2); and
                  ``(B) coordinate with and assist the Chief Data 
                Officer of the Department in the implementation of the 
                functions specified in subparagraphs (A) through (F) of 
                paragraph (3) for their respective component.
          ``(5) Reports.--Not later than 180 days after the date of the 
        enactment of this subsection and periodically thereafter as 
        necessary, the Secretary shall submit to the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate a report on the implementation of this subsection, 
        including any concerns regarding such implementation.''.

                          Purpose and Summary

    The purpose of H.R. 6447 is to amend the Homeland Security 
Act of 2002 to establish the position of Chief Data Officer of 
the Department of Homeland Security, and for other purposes.
    H.R. 6447 requires the Secretary, in consultation with the 
Chief Information Officer, to designate a Chief Data Officer of 
the Department. The Chief Data Officer is responsible for 
overseeing data management and analytics efforts at the 
Department and serves as the liaison with other federal 
agencies regarding the use of Department data. H.R. 6447 also 
requires the heads of operational components, in consultation 
with the Chief Data Officer and component Chief Information 
Officers, to appoint component Chief Data Officers to assist 
the Chief Data Officer of the Department with data management 
and analytics efforts within their respective components.

                  Background and Need for Legislation

    Organizations like the Department of Homeland Security 
generate, collect, and maintain vast quantities of data 
(electronic information) in carrying out their day-to-day 
operations. In both industry and government, there is growing 
recognition that data is a valuable resource that can be 
analyzed and used to help create operational efficiencies and 
cost savings, drive policy and decision making, and identify 
and model trends. However, there is also a growing consensus 
that data continues to be underutilized by organizations as an 
asset, largely as a result of poor data management and 
organization practices.
    To address these concerns, the private sector and Federal, 
State, and local governments have increasingly begun appointing 
Chief Data Officers, or equivalent positions, to their 
management teams. Generally, Chief Data Officers are tasked 
with overseeing policies to manage, organize, and format data 
in order to better carry out data manipulation and analysis for 
improved business value and policy insight. While an 
organization's Chief Information Officer oversees and maintains 
the systems that produce data, Chief Data Officers are given 
the responsibility of managing and utilizing such data.
    The importance of data in today's world makes Chief Data 
Officers at the Department and its operational components 
integral to providing the Department with the capacity and 
tools for making data-driven decisions. Within the Department, 
U.S. Immigration and Customs Enforcement and the Federal 
Emergency Management Agency have each already appointed 
component Chief Data Officers. H.R. 6447 allows the Chief Data 
Officer of the Department to coordinate component data efforts 
and prevent them from becoming siloed as Chief Data Officers 
proliferate both internally at the Department's components and 
across the federal government.

                                Hearings

    None. The Committee met with officials from the Department 
who provided information that helped the Committee develop an 
understanding of the need for this legislation.

                        Committee Consideration

    The Committee met on July 24, 2018, to consider H.R. 6447, 
and ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by unanimous consent. The 
Committee took the following actions:
    The Committee adopted H.R. 6447, as amended, by unanimous 
consent.
    The following amendments were offered:

    An amendment offered by Mr. Langevin (#1); Page 2, 
beginning line 7, strike ``The Chief Information Officer 
shall'' and insert ``The Secretary, in consultation with the 
Chief Information Officer, shall''.; was AGREED TO, by 
unanimous consent.

    An amendment offered by Mr. Langevin (#2); Page 4, 
beginning line 5, strike ``of the Department shall'' and insert 
``of the Department, in consultation with the Chief Data 
Officer of the Department and the Chief Information Officer of 
such component, shall''.; was AGREED TO, by unanimous consent.

    An amendment offered by Mrs. Demings (#3); Page 3, 
beginning line 16, insert the following:
    ``(G) Overseeing, in coordination with the Chief Privacy 
Officer of the Department, as appropriate, the Department's 
compliance with the following responsibilities:
          ``(i) Issuing guidelines ensuring and maximizing the 
        quality, objectivity, utility and integrity of 
        information (including statistical information).
          ``(ii) Establishing administrative mechanisms that 
        allow affected persons to seek and obtain correction of 
        information maintained and disseminated by relevant 
        components of the Department that does not comply with 
        the Department's guidelines.
          ``(iii) Reporting to the Director of the Office of 
        Management and Budget about the number and nature of 
        complaints received by relevant components of the 
        Department regarding the accuracy of information 
        disseminated and how such complaints were handled by 
        such components.''.; was AGREED TO, by unanimous 
        consent.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 6447.

                      Committee Oversight Findings

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

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
6447, the Department of Homeland Security Chief Data Officer 
Authorization Act, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 6447 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This bill requires the Secretary to appoint a Chief Data 
Officer of the Department and the heads of the Department's 
operational components to appoint Chief Data Officers within 
their respective components. The bill also requires the 
Secretary to submit a report to the Committee on Homeland 
Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate no 
later than 180 days after its enactment, and periodically 
thereafter if necessary, on the Department's implementation of 
the requirements of the bill.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 6447 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

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

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 6447 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 6447 would require no 
directed rule makings.

                      Advisory Committee Statement

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

                  Applicability to Legislative Branch

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

             Section-by-Section Analysis of the Legislation

Section 1. Short title

    This section provides that this bill may be cited as the 
``Department of Homeland Security Chief Data Officer 
Authorization Act''.

Sec. 2. Chief Data Officer of the Department of Homeland Security

    This section establishes a new Subsection (c) under Section 
703 of the Homeland Security Act as follows:
    Subsection (c)(1) requires the Secretary of the Department, 
in consultation with the Chief Information Officer, to 
designate a career appointee of the Department, defined in 
Section 3132 of Title 5 United States Code, as the Chief Data 
Officer of the Department. The Committee expects the Secretary 
to utilize the Chief Information Officer's expertise and 
recommendations in designating a qualified career appointee 
within the Department as the Chief Data Officer.
    Subsection (c)(2) requires that any appointee to a position 
of Chief Data Officer in the Department be qualified for the 
position with prior data management and analytics-related 
training and experience. While the background and experience of 
an individual appointed to Chief Data Officer in the Department 
may vary, the Committee expects such individual to be qualified 
for the position as demonstrated by appropriate experience and 
training relating to the functions of the Chief Data Officer 
listed under Subsection (c)(3).
    Subsection (c)(3) establishes that the responsibilities of 
the Chief Data Officer of the Department shall include:
           coordinating the management, governance, and 
        improved operational use of data at the Department;
           coordinating, as appropriate, the release of 
        data for public use, in accordance with appropriate 
        privacy reviews;
           coordinating with the appropriate officials 
        in the Department on the use of data;
           overseeing, in coordination with the Chief 
        Privacy Officer, as appropriate, the Department's 
        compliance with the responsibilities under Section 515 
        of the Treasury and General Appropriations Act for 
        Fiscal Year 2001; and
           serving as the liaison with other federal 
        agencies on data use.
    The Committee intends that the Chief Data Officer's 
responsibilities include a focus on implementing policies, 
plans, and activities that improve data management, governance, 
and utilization at the Department. The Committee expects the 
Chief Data Officer to serve as the lead official for 
coordinating the use of data with relevant officials across the 
Department to improve government transparency, create 
operational efficiencies, improve policy insight, achieve cost 
savings, map and identify trends, and achieve data 
interoperability across systems. The Chief Data Officer is also 
the Department's lead external liaison on data use, including 
with other federal agencies and the U.S. Office of Management 
and Budget. The Committee intends that any policies, plans, and 
activities implemented by the Chief Data Officer under this 
bill shall be carried out pursuant to applicable privacy and 
statistics laws.
    Subsection (c)(4) requires the heads of each operational 
component at the Department to appoint, in consultation with 
the Chief Data Officer and Chief Information Officer of their 
respective component, a Chief Data Officer of their respective 
component. Component Chief Data Officers shall be career 
appointees within the Department who meet the qualifications 
under Subsection (c)(2). The component Chief Data Officers are 
responsible for coordinating with and assisting the Chief Data 
Officer of the Department in data management and analytics 
efforts within their respective components. The Committee 
intends for the heads of each operational component to consult 
with the Chief Data Officer of the Department and Chief 
Information Officer of their respective component to determine 
the appropriate role and organizational placement of their 
component Chief Data Officer.
    Subsection (c)(5) requires the Department to submit a 
report 180 days after the enactment of this bill, and 
periodically thereafter if necessary, regarding the 
Department's implementation of the requirements of this bill. 
The Committee expects this report to measure the Department's 
progress in appointing the Chief Data Officer of the Department 
and the component Chief Data Officers and to determine if 
further authorities are needed for Chief Data Officers at the 
Department to carry out the responsibilities under this bill.

         Changes in Existing Law Made by the Bill, as Reported

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

                     HOMELAND SECURITY ACT OF 2002

           *       *       *       *       *       *       *
TITLE VII--MANAGEMENT

           *       *       *       *       *       *       *

SEC. 703. CHIEF INFORMATION OFFICER.

  (a) In General.--The Chief Information Officer shall report 
to the Secretary, or to another official of the Department, as 
the Secretary may direct.
  (b) Geospatial Information Functions.--
          (1) Definitions.--As used in this subsection:
                  (A) Geospatial information.--The term 
                ``geospatial information'' means graphical or 
                digital data depicting natural or manmade 
                physical features, phenomena, or boundaries of 
                the earth and any information related thereto, 
                including surveys, maps, charts, remote sensing 
                data, and images.
                  (B) Geospatial technology.--The term 
                ``geospatial technology'' means any technology 
                utilized by analysts, specialists, surveyors, 
                photogrammetrists, hydrographers, geodesists, 
                cartographers, architects, or engineers for the 
                collection, storage, retrieval, or 
                dissemination of geospatial information, 
                including--
                          (i) global satellite surveillance 
                        systems;
                          (ii) global position systems;
                          (iii) geographic information systems;
                          (iv) mapping equipment;
                          (v) geocoding technology; and
                          (vi) remote sensing devices.
          (2) Office of geospatial management.--
                  (A) Establishment.--The Office of Geospatial 
                Management is established within the Office of 
                the Chief Information Officer.
                  (B) Geospatial information officer.--
                          (i) Appointment.--The Office of 
                        Geospatial Management shall be 
                        administered by the Geospatial 
                        Information Officer, who shall be 
                        appointed by the Secretary and serve 
                        under the direction of the Chief 
                        Information Officer.
                          (ii) Functions.--The Geospatial 
                        Information Officer shall assist the 
                        Chief Information Officer in carrying 
                        out all functions under this section 
                        and in coordinating the geospatial 
                        information needs of the Department.
                  (C) Coordination of geospatial information.--
                The Chief Information Officer shall establish 
                and carry out a program to provide for the 
                efficient use of geospatial information, which 
                shall include--
                          (i) providing such geospatial 
                        information as may be necessary to 
                        implement the critical infrastructure 
                        protection programs;
                          (ii) providing leadership and 
                        coordination in meeting the geospatial 
                        information requirements of those 
                        responsible for planning, prevention, 
                        mitigation, assessment and response to 
                        emergencies, critical infrastructure 
                        protection, and other functions of the 
                        Department; and
                          (iii) coordinating with users of 
                        geospatial information within the 
                        Department to assure interoperability 
                        and prevent unnecessary duplication.
                  (D) Responsibilities.--In carrying out this 
                subsection, the responsibilities of the Chief 
                Information Officer shall include--
                          (i) coordinating the geospatial 
                        information needs and activities of the 
                        Department;
                          (ii) implementing standards, as 
                        adopted by the Director of the Office 
                        of Management and Budget under the 
                        processes established under section 216 
                        of the E-Government Act of 2002 (44 
                        U.S.C. 3501 note), to facilitate the 
                        interoperability of geospatial 
                        information pertaining to homeland 
                        security among all users of such 
                        information within--
                                  (I) the Department;
                                  (II) State and local 
                                government; and
                                  (III) the private sector;
                          (iii) coordinating with the Federal 
                        Geographic Data Committee and carrying 
                        out the responsibilities of the 
                        Department pursuant to Office of 
                        Management and Budget Circular A-16 and 
                        Executive Order 12906; and
                          (iv) making recommendations to the 
                        Secretary and the Executive Director of 
                        the Office for State and Local 
                        Government Coordination and 
                        Preparedness on awarding grants to--
                                  (I) fund the creation of 
                                geospatial data; and
                                  (II) execute information 
                                sharing agreements regarding 
                                geospatial data with State, 
                                local, and tribal governments.
          (3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be 
        necessary to carry out this subsection for each fiscal 
        year.
  (c) Chief Data Officer.--
          (1) In general.--The Secretary, in consultation with 
        the Chief Information Officer, shall designate a career 
        appointee (as such term is defined in section 3132 of 
        title 5, United States Code) of the Department as the 
        Chief Data Officer of the Department.
          (2) Qualifications.--The Chief Data Officer shall 
        possess demonstrated training and experience in the 
        management, governance, generation, collection, 
        protection, analysis, use, and sharing of data, 
        including the protection and de-identification of 
        personally identifiable information.
          (3) Functions.--The Chief Data Officer shall be 
        responsible for the following:
                  (A) Ensuring that the Department conforms 
                with data management best practices recognized 
                across industry and the Federal Government.
                  (B) Coordinating the organization and 
                integration of data across the Department for 
                improved interoperability, analysis, and 
                decision-making.
                  (C) Reviewing the impact of the 
                infrastructure of the Department regarding data 
                integrity and interoperability.
                  (D) Coordinating the release of data for 
                public use following appropriate privacy 
                reviews within the Department, as coordinated 
                with the Chief Privacy Officer.
                  (E) Promoting the use of modern data systems 
                to improve Department operations.
                  (F) Coordinating the storage of Department 
                records in accordance with the National 
                Archives and Records Administration's General 
                Records Schedules.
                  (G) Overseeing, in coordination with the 
                Chief Privacy Officer of the Department, as 
                appropriate, the Department's compliance with 
                the following responsibilities:
                          (i) Issuing guidelines ensuring and 
                        maximizing the quality, objectivity, 
                        utility and integrity of information 
                        (including statistical information).
                          (ii) Establishing administrative 
                        mechanisms that allow affected persons 
                        to seek and obtain correction of 
                        information maintained and disseminated 
                        by relevant components of the 
                        Department that does not comply with 
                        the Department's guidelines.
                          (iii) Reporting to the Director of 
                        the Office of Management and Budget 
                        about the number and nature of 
                        complaints received by relevant 
                        components of the Department regarding 
                        the accuracy of information 
                        disseminated and how such complaints 
                        were handled by such components.
                  (H) Coordinating with appropriate officials 
                of the Department, including the Chief Privacy 
                Officer, component privacy officers, component 
                Chief Data Officers, and program managers, 
                regarding the use of data within their 
                respective components and under their 
                authorities.
                  (I) Serving as the liaison to other Federal 
                agencies and the Office of Management and 
                Budget on data and the best way to use existing 
                Department data for statistical purposes.
          (4) Component chief data officers.--The heads of each 
        operational component of the Department, in 
        consultation with the Chief Data Officer of the 
        Department and the Chief Information Officer of such 
        component, shall designate a career appointee (as such 
        term is defined in section 3132 of title 5, United 
        States Code) from each such component of the Department 
        as the Chief Data Officer of their respective 
        component. Each such component Chief Data Officer 
        shall--
                  (A) have the qualifications described under 
                subsection (c)(2); and
                  (B) coordinate with and assist the Chief Data 
                Officer of the Department in the implementation 
                of the functions specified in subparagraphs (A) 
                through (F) of paragraph (3) for their 
                respective component.
          (5) Reports.--Not later than 180 days after the date 
        of the enactment of this subsection and periodically 
        thereafter as necessary, the Secretary shall submit to 
        the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security 
        and Governmental Affairs of the Senate a report on the 
        implementation of this subsection, including any 
        concerns regarding such implementation.

           *       *       *       *       *       *       *

                                  [all]
```