S. 2976 — what changed

In this Act:

“(F) An Under Secretary for Management, who shall be first assistant to the Deputy Secretary of Homeland Security for purposes of subchapter III of chapter 33 of title 5, United States Code.”

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

“(g) Vacancies

changed “(1) Absence, disability, or vacancy of secretary or deputy secretary—Notwithstanding section 3345 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.

changed “(2) Further order of succession—Notwithstanding section 3345 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”).”

“(9) The management integration and transformation within each functional management discipline of the Department, including information technology, financial management, acquisition management, and human capital management, to ensure an efficient and orderly consolidation of functions and personnel in the Department, including—

“(A) the development of centralized data sources and connectivity of information systems to the greatest extent practicable to enhance program visibility, transparency, and operational effectiveness and coordination;

“(B) the development of standardized and automated management information to manage and oversee programs and make informed decisions to improve the efficiency of the Department;

“(C) the development of effective program management and regular oversight mechanisms, including clear roles and processes for program governance, sharing of best practices, and access to timely, reliable, and evaluated data on all acquisitions and investments; and

“(D) the overall supervision, including the conduct of internal audits and management analyses, of the programs and activities of the Department, including establishment of oversight procedures to ensure a full and effective review of the efforts by components of the Department to implement policies and procedures of the Department for management integration and transformation.”

“(10) The development of a transition and succession plan, before December 1 of each year in which a Presidential election is held, to guide the transition of Department functions to a new Presidential administration, and making such plan available to the next Secretary and Under Secretary for Management and to the congressional homeland security committees.

“(11) Reporting to the Government Accountability Office every 6 months to demonstrate measurable, sustainable progress made in implementing the corrective action plans of the Department to address the designation of the management functions of the Department on the bi-annual high risk list of the Government Accountability Office, until the Comptroller General of the United States submits to the appropriate congressional committees written notification of removal of the high-risk designation.”

“(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.”

“(d) System for award management consultation—The Under Secretary for Management shall require that all Department contracting and grant officials consult the System for Award Management (or successor system) as maintained by the General Services Administration prior to awarding a contract or grant or entering into other transactions to ascertain whether the selected contractor is excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.”

“708. Department coordination

“(a) Definitions—In this section—

“(1) the term joint duty training program means the training program established under subsection (e)(9)(A);

“(2) the term joint requirement means a condition or capability of a Joint Task Force, or of multiple operating components of the Department, that is required to be met or possessed by a system, product, service, result, or component to satisfy a contract, standard, specification, or other formally imposed document;

“(3) the term Joint Task Force means a Joint Task Force established under subsection (e) when the scope, complexity, or other factors of the crisis or issue require capabilities of two or more components of the Department operating under the guidance of a single Director; and

“(4) the term situational awareness means knowledge and unified understanding of unlawful cross-border activity, including—

“(A) threats and trends concerning illicit trafficking and unlawful crossings;

“(B) the ability to forecast future shifts in such threats and trends;

“(C) the ability to evaluate such threats and trends at a level sufficient to create actionable plans; and

“(D) the operational capability to conduct continuous and integrated surveillance of the air, land, and maritime borders of the United States.

“(b) Department leadership councils

“(1) Establishment—The Secretary may establish such Department leadership councils as the Secretary determines necessary to ensure coordination among leadership in the Department.

“(2) Function—Department leadership councils shall—

“(A) serve as coordinating forums;

“(B) advise the Secretary and Deputy Secretary on Department strategy, operations, and guidance; and

“(C) consider and report on such other matters as the Secretary or Deputy Secretary may direct.

“(3) Chairperson; membership

“(A) Chairperson—The Secretary or a designee may serve as chairperson of a Department leadership council.

“(B) Membership—The Secretary shall determine the membership of a Department leadership council.

“(4) Relationship to other forums—The Secretary or Deputy Secretary may delegate the authority to direct the implementation of any decision or guidance resulting from the action of a Department leadership council to any office, component, coordinator, or other senior official of the Department.

“(c) Joint requirements council

“(1) Establishment—There is established within the Department a Joint Requirements Council.

“(2) Mission—In addition to other matters assigned to it by the Secretary and Deputy Secretary, the Joint Requirements Council shall—

“(A) identify, assess, and validate joint requirements (including existing systems and associated capability gaps) to meet mission needs of the Department;

“(B) ensure that appropriate efficiencies are made among life-cycle cost, schedule, and performance objectives, and procurement quantity objectives, in the establishment and approval of joint requirements; and

changed “(C) make prioritized capability recommendations for the joint requirements approved validated under subparagraph (A) to the Secretary, the Deputy Secretary, or the chairperson of a Department leadership council designated by the Secretary to review decisions of the Joint Requirements Council.

“(3) Chair—The Secretary shall appoint a chairperson of the Joint Requirements Council, for a term of not more than 2 years, from among senior officials from components of the Department or other senior officials as designated by the Secretary.

“(4) Composition—The Joint Requirements Council shall be composed of senior officials representing components of the Department and other senior officials as designated by the Secretary.

“(5) Relationship to future years homeland security program—The Secretary shall ensure that the Future Years Homeland Security Program required under section 874 is consistent with the recommendations of the Joint Requirements Council under paragraph (2)(C) of this subsection, as affirmed by the Secretary, the Deputy Secretary, or the chairperson of a Department leadership council designated by the Secretary under that paragraph.

“(d) Joint operational plans

“(1) Planning and guidance—The Secretary may direct the development of Joint Operational Plans for the Department and issue planning guidance for such development.

“(2) Coordination—The Secretary shall ensure coordination between requirements derived from Joint Operational Plans and the Future Years Homeland Security Program required under section 874.

“(3) Limitation—Nothing in this subsection shall be construed to affect the national emergency management authorities and responsibilities of the Administrator of the Federal Emergency Management Agency under title V.

“(e) Joint task forces

“(1) Establishment—The Secretary may establish and operate Departmental Joint Task Forces to conduct joint operations using personnel and capabilities of the Department.

“(2) Joint task force directors

“(A) Director—Each Joint Task Force shall be headed by a Director appointed by the Secretary for a term of not more than 2 years, who shall be a senior official of the Department.

“(B) Extension—The Secretary may extend the appointment of a Director of a Joint Task Force for not more than 2 years if the Secretary determines that such an extension is in the best interest of the Department.

changed “(3) Joint task force deputy directors—For each Joint Task Force, the Secretary shall appoint a Deputy Director who shall be an official of a different component or office of the Department than the Director of the Joint Task Force.

“(4) Responsibilities—The Director of a Joint Task Force, subject to the oversight, direction, and guidance of the Secretary, shall—

“(A) maintain situational awareness within the areas of responsibility of the Joint Task Force, as determined by the Secretary;

“(B) provide operational plans and requirements for standard operating procedures and contingency operations;

“(C) plan and execute joint task force activities within the areas of responsibility of the Joint Task Force, as determined by the Secretary;

“(D) set and accomplish strategic objectives through integrated operational planning and execution;

“(E) exercise operational direction over personnel and equipment from components and offices of the Department allocated to the Joint Task Force to accomplish the objectives of the Joint Task Force;

“(F) establish operational and investigative priorities within the operating areas of the Joint Task Force;

“(G) coordinate with foreign governments and other Federal, State, and local agencies, as appropriate, to carry out the mission of the Joint Task Force; and

“(H) carry out other duties and powers the Secretary determines appropriate.

“(5) Personnel and resources

“(A) In general—The Secretary may, upon request of the Director of a Joint Task Force, and giving appropriate consideration of risk to the other primary missions of the Department, allocate on a temporary basis personnel and equipment of components and offices of the Department to a Joint Task Force.

“(B) Cost neutrality—A Joint Task Force may not require more personnel, equipment, or resources than would be required by components of the Department in the absence of the Joint Task Force.

“(C) Location of operations—In establishing a location of operations for a Joint Task Force, the Secretary shall, to the extent practicable, use existing facilities that integrate efforts of components of the Department and State, local, tribal, or territorial law enforcement or military entities.

added “(D) Report—The Secretary shall, at the time the budget of the President is submitted to Congress for a fiscal year under section 1105(a) of title 31, United States Code, submit to the congressional homeland security committees a report on the total funding, personnel, and other resources that each component of the Department allocated to each Joint Task Force to carry out the mission of the Joint Task Force during the fiscal year immediately preceding the report.

“(6) Component resource authority—As directed by the Secretary—

“(A) each Director of a Joint Task Force shall be provided sufficient resources from relevant components and offices of the Department and the authority necessary to carry out the missions and responsibilities required under this section;

“(B) the resources referred to in subparagraph (A) shall be under the operational authority, direction, and control of the Director of the Joint Task Force to which the resources are assigned; and

“(C) the personnel and equipment of each Joint Task Force shall remain under the administrative direction of the executive agent for the Joint Task Force.

“(7) Joint task force staff—Each Joint Task Force shall have a staff, composed of officials from relevant components, to assist the Director in carrying out the mission and responsibilities of the Joint Task Force.

“(8) Establishment of performance metrics—The Secretary shall—

“(A) establish outcome-based and other appropriate performance metrics to evaluate the effectiveness of each Joint Task Force;

“(B) not later than 120 days after the date of enactment of this section, submit the metrics established under subparagraph (A) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives; and

added “(C) not later than January 31, 2017, and each year thereafter, of each year beginning in 2017, submit to each committee described in subparagraph (B) a report that contains the evaluation described in subparagraph (A).

removed “(C) not later than January 31 of each year beginning in 2017, submit to each committee described in subparagraph (B) a report that contains the evaluation described in subparagraph (A).

“(9) Joint duty training program

“(A) In general—The Secretary shall—

“(i) establish a joint duty training program in the Department for the purposes of—

“(I) enhancing coordination within the Department; and

“(II) promoting workforce professional development; and

“(ii) tailor the joint duty training program to improve joint operations as part of the Joint Task Forces.

“(B) Elements—The joint duty training program established under subparagraph (A) shall address, at a minimum, the following topics:

“(i) National security strategy.

“(ii) Strategic and contingency planning.

“(iii) Command and control of operations under joint command.

“(iv) International engagement.

“(v) The homeland security enterprise.

“(vi) Interagency collaboration.

“(vii) Leadership.

“(viii) Specific subject matter relevant to the Joint Task Force to which the joint duty training program is assigned.

“(C) Training required

“(i) Directors and deputy directors—Except as provided in clauses (iii) and (iv), an individual shall complete the joint duty training program before being appointed Director or Deputy Director of a Joint Task Force.

“(ii) Joint task force staff—Each official serving on the staff of a Joint Task Force shall complete the joint duty training program within the first year of assignment to the Joint Task Force.

“(iii) Exception—Clause (i) shall not apply to the first Director or Deputy Director appointed to a Joint Task Force on or after the date of enactment of this section.

“(iv) Waiver—The Secretary may waive clause (i) if the Secretary determines that such a waiver is in the interest of homeland security.

“(10) Establishing joint task forces—Subject to paragraph (13), the Secretary may establish Joint Task Forces for the purposes of—

“(A) coordinating and directing operations along the land and maritime borders of the United States;

“(B) cybersecurity; and

“(C) preventing, preparing for, and responding to other homeland security matters, as determined by the Secretary.

“(11) Notification of joint task force formation

“(A) In general—Not later than 90 days before establishing a Joint Task Force under this subsection, the Secretary shall submit a notification to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.

“(B) Waiver authority—The Secretary may waive the requirement under subparagraph (A) in the event of an emergency circumstance that imminently threatens the protection of human life or the protection of property.

“(12) Review

“(A) In general—The Inspector General of the Department shall conduct a review of the Joint Task Forces established under this subsection.

“(B) Contents—The review required under subparagraph (A) shall include—

“(i) an assessment of the effectiveness of the structure of each Joint Task Force; and

“(ii) recommendations for enhancements to that structure to strengthen the effectiveness of the Joint Task Force.

“(C) Submission—The Inspector General of the Department shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives—

“(i) an initial report that contains the evaluation described in subparagraph (A) by not later than January 31, 2018; and

“(ii) a second report that contains the evaluation described in subparagraph (A) by not later than January 31, 2021.

“(13) Limitation on joint task forces

“(A) In general—The Secretary may not establish a Joint Task Force for any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or an incident for which the Federal Emergency Management Agency has primary responsibility for management of the response under title V of this Act, including section 504(a)(3)(A), unless the responsibilities of the Joint Task Force—

“(i) do not include operational functions related to incident management, including coordination of operations; and

“(ii) are consistent with the requirements of paragraphs (3) and (4)(A) of section 503(c) and section 509(c) of this Act and section 302 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5143).

“(B) Responsibilities and functions not reduced—Nothing in this section shall be construed to reduce the responsibilities or functions of the Federal Emergency Management Agency or the Administrator thereof under title V of this Act and any other provision of law, including the diversion of any asset, function, or mission from the Federal Emergency Management Agency or the Administrator thereof pursuant to section 506.

“(f) Joint duty assignment program—The Secretary may establish a joint duty assignment program within the Department for the purposes of enhancing coordination in the Department and promoting workforce professional development.”

Section 515 of the Homeland Security Act of 2002 (6 U.S.C. 321d) is amended—

“(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 of Homeland Security; or

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

“(1) 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.”

“802. Office for Partnerships Against Violent Extremism

“(a) Definitions—In this section:

“(1) Administrator—The term Administrator means the Administrator of the Federal Emergency Management Agency.

“(2) Assistant secretary—The term Assistant Secretary means the Assistant Secretary for Partnerships Against Violent Extremism designated under subsection (c).

“(3) Countering violent extremism—The term countering violent extremism means proactive and relevant actions to counter recruitment, radicalization, and mobilization to violence and to address the immediate factors that lead to violent extremism and radicalization.

“(4) Domestic terrorism; international terrorism—The terms “domestic terrorism” and “international terrorism” have the meanings given those terms in section 2331 of title 18, United States Code.

“(5) Radicalization—The term radicalization means the process by which an individual chooses to facilitate or commit domestic terrorism or international terrorism.

“(6) Violent extremism—The term violent extremism means international or domestic terrorism.

“(b) Establishment—There is in the Department an Office for Partnerships Against Violent Extremism.

“(c) Head of office—The Office for Partnerships Against Violent Extremism shall be headed by an Assistant Secretary for Partnerships Against Violent Extremism, who shall be designated by the Secretary and report directly to the Secretary.

“(d) Deputy assistant secretary; assignment of personnel—The Secretary shall—

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

“(2) assign or hire, as appropriate, permanent staff to the Office for Partnerships Against Violent Extremism.

“(e) Responsibilities

“(1) In general—The Assistant Secretary shall be responsible for the following:

“(A) Leading the efforts of the Department to counter violent extremism across all the components and offices of the Department that conduct strategic and supportive efforts to counter violent extremism. Such efforts shall include the following:

changed “(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 non-government 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:

changed “(I) The Department’s plan to leverage new and existing Internet and other technologies and social media platforms to improve non-government 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.

changed “(vii) In coordination with the Under Secretary for Science and Technology and in consultation with the Under Secretary for Intelligence and Analysis, identifying and recommending new empirical research and analysis requirements to ensure the dissemination of information and methods for Federal, State, local, tribal, and territorial countering violent extremism practitioners, officials, law enforcement personnel, and non-governmental nongovernmental partners to utilize such research and analysis.

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

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

“(i) exploring ways to utilize relevant Internet and other technologies and social media platforms; and

“(ii) maximizing other resources available to the Department.

changed “(C) Serving as the primary representative of the Department in coordinating countering violent extremism efforts with other Federal departments and agencies and non-governmental 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:

changed “(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, non-governmental, non-governmental nongovernmental, and foreign partners engaged in similar counter-messaging activities.

“(B) The Department’s countering violent extremism-related engagement and outreach activities.

“(C) The use of cooperative agreements with State, local, tribal, territorial, and other Federal departments and agencies responsible for activities relating to countering violent extremism.

“(D) Ensuring all activities related to countering violent extremism adhere to relevant Department and applicable Department of Justice guidance regarding privacy, civil rights, and civil liberties, including safeguards against discrimination.

“(E) The development of qualitative and quantitative outcome-based metrics to evaluate the Department’s programs and policies to counter violent extremism.

“(F) An analysis of the homeland security risk posed by violent extremism based on the threat environment and empirical data assessing terrorist activities and incidents, and violent extremist propaganda, messaging, or recruitment.

“(G) Information on the Department’s near-term, mid-term, and long-term risk-based goals for countering violent extremism, reflecting the risk analysis conducted under subparagraph (F).

“(3) Strategic considerations—In drafting the strategy required under paragraph (1), the Secretary shall consider including the following:

“(A) Departmental efforts to undertake research to improve the Department’s understanding of the risk of violent extremism and to identify ways to improve countering violent extremism activities and programs, including outreach, training, and information sharing programs.

“(B) The Department’s nondiscrimination policies as they relate to countering violent extremism.

“(C) Departmental efforts to help promote community engagement and partnerships to counter violent extremism in furtherance of the strategy.

changed “(D) Departmental efforts to help increase support for programs and initiatives to counter violent extremism of other Federal, State, local, tribal, territorial, non-governmental, non-governmental nongovernmental, and foreign partners that are in furtherance of the strategy, and which adhere to all relevant constitutional, legal, and privacy protections.

“(E) Departmental efforts to disseminate to local law enforcement agencies and the general public information on resources, such as training guidance, workshop reports, and the violent extremist threat, through multiple platforms, including the development of a dedicated webpage, and information regarding the effectiveness of those efforts.

“(F) Departmental efforts to use cooperative agreements with State, local, tribal, territorial, and other Federal departments and agencies responsible for efforts relating to countering violent extremism, and information regarding the effectiveness of those efforts.

“(G) Information on oversight mechanisms and protections to ensure that activities and programs undertaken pursuant to the strategy adhere to all relevant constitutional, legal, and privacy protections.

“(H) Departmental efforts to conduct oversight of all countering violent extremism training and training materials and other resources developed or funded by the Department.

“(I) Departmental efforts to foster transparency by making, to the extent practicable, all regulations, guidance, documents, policies, and training materials publicly available, including through any webpage developed under subparagraph (E).

“(4) Strategic implementation plan

“(A) In general—Not later than 90 days after the date on which the Secretary submits the strategy required under paragraph (1), the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on the Judiciary of the House of Representatives an implementation plan for each of the components and offices of the Department with responsibilities under the strategy.

“(B) Contents—The implementation plan required under subparagraph (A) shall include an integrated master schedule and cost estimate for activities and programs contained in the implementation plan, with specificity on how each such activity and program aligns with near-term, mid-term, and long-term goals specified in the strategy required under paragraph (1).

“(g) Annual report—Not later than April 1, 2017, and annually thereafter, the Assistant Secretary shall submit to Congress an annual report on the Office for Partnerships Against Violent Extremism, which shall include the following:

“(1) A description of the status of the programs and policies of the Department for countering violent extremism in the United States.

“(2) A description of the efforts of the Office for Partnerships Against Violent Extremism to cooperate with and provide assistance to other Federal departments and agencies.

“(3) Qualitative and quantitative metrics for evaluating the success of such programs and policies and the steps taken to evaluate the success of such programs and policies.

“(4) An accounting of—

“(A) grants and cooperative agreements awarded by the Department to counter violent extremism; and

“(B) all training specifically aimed at countering violent extremism sponsored by the Department.

“(5) An analysis of how the Department’s activities to counter violent extremism correspond and adapt to the threat environment.

“(6) A summary of how civil rights and civil liberties are protected in the Department’s activities to counter violent extremism.

“(7) An evaluation of the use of section 2003 and section 2004 grants and cooperative agreements awarded to support efforts of local communities in the United States to counter violent extremism, including information on the effectiveness of such grants and cooperative agreements in countering violent extremism.

“(8) A description of how the Office for Partnerships Against Violent Extremism incorporated lessons learned from the countering violent extremism programs and policies of foreign, State, local, tribal, and territorial governments and stakeholder communities.

“(h) Annual review—Not later than 1 year after the date of enactment of this section, and every year thereafter, the Office for Civil Rights and Civil Liberties of the Department shall—

“(1) conduct a review of the Office for Partnerships Against Violent Extremism activities to ensure that all of the activities of the Office related to countering violent extremism respect the privacy, civil rights, and civil liberties of all persons; and

“(2) make publicly available on the website of the Department a report containing the results of the review conducted under paragraph (1).”

“(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.”

“(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;

changed “(3) unnecessary unnecessarily duplicative, legacy, and outdated information technology within and across the Department will be identified and eliminated;eliminated, and an estimated date for the identification and elimination of duplicative information technology within and across the Department;

“(4) the Chief Information Officer will coordinate with components of the Department to ensure that information technology policies are effectively and efficiently implemented across the Department;

“(5) a list of information technology projects, including completion dates, will be made available to the public and Congress;

“(6) the Chief Information Officer will inform Congress of high risk projects and cybersecurity risks; and

“(7) the Chief Information Officer plans to maximize the use and purchase of commercial off-the-shelf information technology products and services.”

“(d) Software licensing

“(1) In general—Not later than 180 days after the date of enactment of this subsection, and every 2 years thereafter, the Chief Information Officer, in consultation with Chief Information Officers of components of the Department, shall—

“(A) conduct a Department-wide inventory of all existing software licenses held by the Department, including utilized and unutilized licenses;

“(B) assess the needs of the Department for software licenses for the subsequent 2 fiscal years;

“(C) assess the actions that could be carried out by the Department to achieve the greatest possible economies of scale and cost savings in the procurement of software licenses;

“(D) determine how the use of technological advancements will impact the needs for software licenses for the subsequent 2 fiscal years;

“(E) establish plans and estimated costs for eliminating unutilized software licenses for the subsequent 2 fiscal years; and

changed “(F) consult with the Federal Chief Information Officer to identify best practices in the Federal government 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

changed “(i) In general—Except as provided in clause (ii), upon completion of a plan established under paragraph (1)(A), (1) 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).”

added Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 343) is amended to read as follows:

“(a) In general—The Chief Human Capital Officer”

added “704. Chief Human Capital Officer

added “(a) In general—There is a Chief Human Capital Officer of the Department, who shall report directly to the Under Secretary for Management.

added “(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—

added “(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;

added “(2) develop performance measures to provide a basis for monitoring and evaluating Department-wide strategic workforce planning efforts;

added “(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;

added “(4) identify methods for managing and overseeing human capital programs and initiatives, in coordination with the head of each component of the Department;

added “(5) develop a career path framework and create opportunities for leader development in coordination with all components of the Department;

added “(6) lead the efforts of the Department for managing employee resources, including training and development opportunities, in coordination with each component of the Department;

added “(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;

added “(8) identify and eliminate unnecessary and duplicative human capital policies and guidance;

added “(9) provide input concerning the hiring and performance of the Chief Human Capital Officer or comparable official in each component of the Department; and

added “(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.

added “(b)(c) Component strategies

removed “(b) Component strategies

“(1) In general—Each component of the Department shall, in coordination with the Chief Human Capital Officer of the Department, develop a 5-year workforce strategy for the component that will support the goals, objectives, and performance measures of the Department for determining the proper balance of Federal employees and private labor resources.

“(2) Strategy requirements—In developing the strategy required under paragraph (1), each component shall consider the effect on human resources associated with creating additional Federal full-time equivalent positions, converting private contractors to Federal employees, or relying on the private sector for goods and services, including—

“(A) hiring projections, including occupation and grade level, as well as corresponding salaries, benefits, and hiring or retention bonuses;

“(B) the identification of critical skills requirements over the 5-year period, any current or anticipated deficiency in critical skills required at the Department, and the training or other measures required to address those deficiencies in skills;

“(C) recruitment of qualified candidates and retention of qualified employees;

“(D) supervisory and management requirements;

“(E) travel and related personnel support costs;

“(F) the anticipated cost and impact on mission performance associated with replacing Federal personnel due to their retirement or other attrition; and

“(G) other appropriate factors.

added “(c)(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—

added “(1) information on the progress within the Department of fulfilling the workforce strategies developed under subsection (b)(c); and

removed “(c) 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—

removed “(1) information on the progress within the Department of fulfilling the workforce strategies developed under subsection (b); 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.).”

“883. Whistleblower protections

“(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;

changed “(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, Untied United States Code, against an employee of the Department;

“(3) the term supervisor means a supervisor, as defined under section 7103(a) of title 5, United States Code, who is employed by the Department; and

“(4) the term whistleblower protections means the protections against and remedies for a prohibited personnel practice described in paragraph (8) or subparagraph (A)(i), (B), (C), or (D) of paragraph (9) of section 2302(b) of title 5, United States Code.

“(b) Adverse actions

“(1) Proposed adverse actions—In accordance with paragraph (2), the Secretary shall propose against a supervisor whom the Secretary, an administrative law judge, the Merit Systems Protection Board, the Office of Special Counsel, an adjudicating body provided under a union contract, a Federal judge, or the Inspector General of the Department determines committed a prohibited personnel action the following adverse actions:

“(A) With respect to the first prohibited personnel action, an adverse action that is not less than a 12-day suspension.

“(B) With respect to the second prohibited personnel action, removal.

“(2) Procedures

“(A) Notice—A supervisor against whom an adverse action under paragraph (1) is proposed is entitled to written notice.

“(B) Answer and evidence

“(i) In general—A supervisor who is notified under subparagraph (A) that the supervisor is the subject of a proposed adverse action under paragraph (1) is entitled to 14 days following such notification to answer and furnish evidence in support of the answer.

“(ii) No evidence—After the end of the 14-day period described in clause (i), if a supervisor does not furnish evidence as described in clause (i) or if the Secretary determines that such evidence is not sufficient to reverse the proposed adverse action, the Secretary shall carry out the adverse action.

“(C) Scope of procedures—Paragraphs (1) and (2) of subsection (b) and subsection (c) of section 7513 of title 5, United States Code, and paragraphs (1) and (2) of subsection (b) and subsection (c) of section 7543 of title 5, United States Code, shall not apply with respect to an adverse action carried out under this subsection.

changed “(3) Limitation No limitation on other adverse actions—With respect to a prohibited personnel action, if the Secretary carries out an adverse action against a supervisor under another provision of law, the Secretary may carry out an additional adverse action under this subsection based on the same prohibited personnel action.

“(c) Training for supervisors—In consultation with the Special Counsel and the Inspector General of the Department, the Secretary shall provide training regarding how to respond to complaints alleging a violation of whistleblower protections available to employees of the Department—

“(1) to employees appointed to supervisory positions in the Department who have not previously served as a supervisor; and

“(2) on an annual basis, to all employees of the Department serving in a supervisory position.

“(d) Information on whistleblower protections

“(1) Responsibilities of secretary—The Secretary shall be responsible for—

“(A) the prevention of prohibited personnel practices;

“(B) the compliance with and enforcement of applicable civil service laws, rules, and regulations and other aspects of personnel management; and

“(C) ensuring (in consultation with the Special Counsel and the Inspector General of the Department) that employees of the Department are informed of the rights and remedies available to them under chapters 12 and 23 of title 5, United States Code, including—

“(i) information regarding whistleblower protections available to new employees during the probationary period;

“(ii) the role of the Office of Special Counsel and the Merit Systems Protection Board with regard to whistleblower protections; and

“(iii) how to make a lawful disclosure of information that is specifically required by law or Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs to the Special Counsel, the Inspector General of the Department, Congress, or other Department employee designated to receive such disclosures.

“(2) Timing—The Secretary shall ensure that the information required to be provided under paragraph (1) is provided to each new employee of the Department 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)).”

Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Under Secretary for Management, shall submit to the congressional homeland security committees a report, which may include a classified or other appropriately controlled annex containing any information required to be submitted under this section that is restricted from public disclosure in accordance with Federal law, including information that is not publicly releasable, that—

“(b) Homeland security statistics and joint analysis

“(1) Homeland security statistics—The Under Secretary for Management shall—

“(A) establish standards of reliability and validity for statistical data collected and analyzed by the Department;

“(B) be provided with statistical data maintained by the Department regarding the operations of the Department;

“(C) conduct or oversee analysis and reporting of such data by the Department as required by law or directed by the Secretary; and

“(D) ensure the accuracy of metrics and statistical data provided to Congress.

“(2) Transfer of responsibilities—There shall be transferred to the Under Secretary for Management 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.”

“(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.”

“210G. Annual homeland security assessment

“(a) Department annual assessment

changed “(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 gaps in homeland security defenses to address such 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 gaps in homeland security defenses and recommendations for actions to mitigate those gaps.

changed “(c) Mitigation plan—Not later than 90 days after the date on which a report required under subsection (b) is submitted to the congressional homeland security committees, the Secretary shall submit to the congressional homeland security committees a plan to mitigate the threats to homeland security and vulnerabilities in homeland security defenses identified in those reports.”reports.

added “210G. Annual homeland security assessment

added “(a) Department annual assessment

added “(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.

added “(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.

added “(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.

added “(c) Mitigation plan—Not later than 90 days after the date on which a report required under subsection (b) is submitted to the congressional homeland security committees, the Secretary shall submit to the congressional homeland security committees a plan to mitigate the threats to homeland security identified in the report.”

“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—

changed “(A) each research and development project that is not classified, and all appropriate details for each such project, including the component of the Department responsible for the project;

“(B) each task order for a Federally Funded Research and Development Center not associated with a research and development project; and

“(C) each task order for a University-based center of excellence not associated with a research and development project.

“(2) Exceptions

“(A) Operational security—The Secretary, or a designee of the Secretary with the rank of Assistant Secretary or above, may exclude a project from the list required under paragraph (1) if the Secretary or such designee provides to the appropriate congressional committees—

“(i) the information that would otherwise be required to be publicly posted under paragraph (1); and

“(ii) a written certification that—

“(I) the information that would otherwise be required to be publicly posted under paragraph (1) is controlled unclassified information, the public dissemination of which would jeopardize operational security; and

“(II) the publicly posted list under paragraph (1) includes as much information about the program as is feasible without jeopardizing operational security.

“(B) Completed projects—Paragraph (1) shall not apply to a project completed or otherwise terminated before the date of enactment of this section.

“(3) Deadline and updates—The list required under paragraph (1) shall be—

“(A) made publicly accessible on the website of the Department not later than 1 year after the date of enactment of this section; and

“(B) updated as frequently as possible, but not less frequently than once per quarter.

added “(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

added “(1) In general—For each project that has been transitioned from research and development to practice, the Under Secretary of for Science and Technology shall develop and track indicators to demonstrate the uptake of the technology or project among customers or end-users.

removed “(1) In general—For each project that has been transitioned from research and development to practice, the Under Secretary of Science and Technology shall develop and track indicators to demonstrate the uptake of the technology or project among customers or end-users.

“(2) Requirement—To the fullest extent possible, the tracking of a project required under paragraph (1) shall continue for the 3-year period beginning on the date on which the project was transitioned from research and development to practice.

“(3) Indicators—The indicators developed and tracked under this subsection shall be included in the list required under subsection (a).

“(d) Definitions—In this section:

“(1) All appropriate details—The term all appropriate details means—

“(A) the name of the project, including both classified and unclassified names if applicable;

“(B) the name of the component carrying out the project;

“(C) an abstract or summary of the project;

“(D) funding levels for the project;

“(E) project duration or timeline;

“(F) the name of each contractor, grantee, or cooperative agreement partner involved in the project;

“(G) expected objectives and milestones for the project; and

“(H) to the maximum extent practicable, relevant literature and patents that are associated with the project.

“(2) Appropriate congressional committees—The term appropriate congressional committees means—

“(A) the Committee on Homeland Security and Governmental Affairs of the Senate;

“(B) the Committee on Homeland Security of the House of Representatives; and

“(C) the Committee on Oversight and Government Reform of House of Representatives.

“(3) Classified—The term classified means anything containing—

“(A) classified national security information as defined in section 6.1 of Executive Order 13526 (50 U.S.C. 3161 note) or any successor order;

“(B) Restricted Data or data that was formerly Restricted Data, as defined in section 11y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y));

“(C) material classified at the Sensitive Compartmented Information (SCI) level as defined in section 309 of the Intelligence Authorization Act for Fiscal Year 2001 (50 U.S.C. 3345); or

“(D) information relating to a special access program, as defined in section 6.1 of Executive Order 13526 (50 U.S.C. 3161 note) or any successor order.

“(4) Controlled unclassified information—The term controlled unclassified information means information described as “Controlled Unclassified Information” under Executive Order 13556 (50 U.S.C. 3501 note) or any successor order.

“(5) Project—The term project means a research or development project, program, or activity administered by the Department, whether ongoing, completed, or otherwise terminated.”

Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended—

“(1) The term acquisition has the meaning given the term in section 131 of title 41, United States Code.”

“(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;

changed “(iii) the Subcommittee on Homeland Security Subcommittee of the Committee on Appropriations of the Senate; and

changed “(iv) the Subcommittee on Homeland Security Subcommittee of the Committee on Appropriations of the House of Representatives.”

“(5) The term best practices, with respect to acquisition, means a knowledge-based approach to capability development that includes—

“(A) identifying and validating needs;

“(B) assessing alternatives to select the most appropriate solution;

“(C) clearly establishing well-defined requirements;

“(D) developing realistic cost assessments and schedules;

“(E) planning stable funding that matches resources to requirements;

“(F) demonstrating technology, design, and manufacturing maturity;

“(G) using milestones and exit criteria or specific accomplishments that demonstrate progress;

“(H) adopting and executing standardized processes with known success across programs;

“(I) establishing an adequate workforce that is qualified and sufficient to perform necessary functions; and

“(J) integrating capabilities into the mission and business operations of the Department.”

changed “(11) The term homeland security enterprise means all relevant governmental and non-governmental nongovernmental entities involved in homeland security, including Federal, State, local, tribal, and territorial government officials, private sector representatives, academics, and other policy experts.”

“(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).”