,,ii #aadth ,,congress #b;d ,session ,s4 #bigf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bc1 #bjaf,mr4 ,johnson 7for himself and ,mr4 ,carper7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend the ,homeland ,security ,act of #bjjb to reform1 streamline1 and make improvements to the ,department of ,homeland ,security and support the ,department's efforts to implement better policy1 planning1 management1 and performance1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,,dhs ,accountability ,act of #bjaf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,,title ,i--,department management and coordination ,sec4 #aja4 ,management and execution4 ,sec4 #ajb4 ,department coordination4 ,sec4 #ajc4 ,national ,operations ,center4 ,sec4 #ajd4 ,homeland ,security ,advisory ,council4 ,sec4 #aje4 ,strategy1 policy1 and plans4 ,sec4 #ajf4 ,authorization of the ,office for ,partnerships ,against ,violent ,extremism of the ,department of ,homeland ,security4 ,,title ,,ii--,department accountability1 efficiency1 and workforce reforms ,sec4 #bja4 ,duplication review4 ,sec4 #bjb4 ,information technology strategic plan4 ,sec4 #bjc4 ,software licensing4 ,sec4 #bjd4 ,workforce strategy4 ,sec4 #bje4 ,whistleblower protections4 ,sec4 #bjf4 ,cost savings and efficiency reviews4 ,sec4 #bjg4 ,abolishment of certain offices4 ,,title ,,iii--,department transparency and assessments ,sec4 #cja4 ,homeland security statistics and metrics4 ,sec4 #cjb4 ,annual homeland security assessment4 ,sec4 #cjc4 ,department transparency4 ,sec4 #cjd4 ,transparency in research and development4 ,sec4 #cje4 ,reporting on ,national ,bio and ,agro-,defense ,facility4 ,sec4 #cjf4 ,inspector ,general oversight of suspension and debarment4 ,sec4 #cjg4 ,future ,years ,homeland ,security ,program4 ,sec4 #cjh4 ,quadrennial homeland security review4 ,sec4 #cji4 ,reporting reduction4 ,sec4 #caj4 ,additional definitions4 #b4 ,definitions ,in this ,act3 7#a7 ,congressional homeland security committees ,the term congressional homeland security committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,c7 the ,homeland ,security ,subcommittee of the ,committee on ,appropriations of the ,senate2 and 7,d7 the ,homeland ,security ,subcommittee of the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,department ,the term ,department means the ,department of ,homeland ,security4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 ,i ,department management and coordination #aja4 ,management and execution 7a7 ,in general ,section #ajc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aac7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 by striking subparagraph 7,f7 and inserting the following3 7,f7 ,an ,under ,secretary for ,management1 who shall be first assistant to the ,deputy ,secretary of ,homeland ,security for purposes of subchapter ,,iii of chapter #cc of title #e1 ,united ,states ,code4 2 and 7,b7 by adding at the end the following3 7,k7 ,an ,under ,secretary for ,strategy1 ,policy1 and ,plans4 2 and 7#b7 by adding at the end the following3 7g7 ,vacancies 7#a7 ,absence1 disability1 or vacancy of secretary or deputy secretary ,notwithstanding section #ccde of title #e1 ,united ,states ,code1 the ,under ,secretary for ,management shall serve as the ,acting ,secretary if by reason of absence1 disability1 or vacancy in office1 neither the ,secretary nor ,deputy ,secretary is available to exercise the duties of the ,office of the ,secretary4 7#b7 ,further order of succession ,notwithstanding section #ccde of title #e1 ,united ,states ,code1 the ,secretary may designate such other officers of the ,department in further order of succession to serve as ,acting ,secretary4 7#c7 ,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 #ccde through #ccdi;d of title #e1 ,united ,states ,code 7commonly known as the ,federal ,vacancies ,reform ,act of #aiih74 4 7b7 ,in general ,section #gja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#i7 and inserting the following3 7#i7 ,the management integration and transformation within each functional management discipline of the ,department1 including information technology1 financial management1 acquisition management1 and human capital management1 to ensure an efficient and orderly consolidation of functions and personnel in the ,department1 including-- 7,a7 the development of centralized data sources and connectivity of information systems to the greatest extent practicable to enhance program visibility1 transparency1 and operational effectiveness and coordination2 7,b7 the development of standardized and automated management information to manage and oversee programs and make informed decisions to improve the efficiency of the ,department2 7,c7 the development of effective program management and regular oversight mechanisms1 including clear roles and processes for program governance1 sharing of best practices1 and access to timely1 reliable1 and evaluated data on all acquisitions and investments2 and 7,d7 the overall supervision1 including the conduct of internal audits and management analyses1 of the programs and activities of the ,department1 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 transformation4 2 7,b7 by redesignating paragraphs 7#aj7 and 7#aa7 as paragraphs 7#ab7 and 7#ac71 respectively2 and 7,c7 by inserting after paragraph 7#i7 the following3 7#aj7 ,the development of a transition and succession plan1 before ,december #a of each year in which a ,presidential election is held1 to guide the transition of ,department functions to a new ,presidential administration1 and making such plan available to the next ,secretary and ,under ,secretary for ,management and to the congressional homeland security committees4 7#aa7 ,reporting to the ,government ,accountability ,office every #f months to demonstrate measurable1 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 ,office1 until the ,comptroller ,general of the ,united ,states submits to the appropriate congressional committees written notification of removal of the high-risk designation4 2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,waivers for conducting business with suspended or debarred contractors ,not later than #e 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 contracts1 grants1 or other types of ,federal assistance in the ,system for ,award ,management maintained by the ,general ,services ,administration1 or any successor thereto1 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 waiver4 2 7#c7 by redesignating subsection 7d7 as subsection 7e72 and 7#d7 by inserting after subsection 7c7 the following3 7d7 ,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 7or successor system7 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 contracts1 certain subcontracts1 and certain types of ,federal financial and non-financial assistance and benefits4 4 #ajb4 ,department coordination 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq47 is amended by adding at the end the following3 #gjh4 ,department coordination 7a7 ,definitions ,in this section-- 7#a7 the term joint duty training program means the training program established under subsection 7e77#i77;,a72 7#b7 the term joint requirement means a condition or capability of a ,joint ,task ,force1 or of multiple operating components of the ,department1 that is required to be met or possessed by a system1 product1 service1 result1 or component to satisfy a contract1 standard1 specification1 or other formally imposed document2 7#c7 the term ,joint ,task ,force means a ,joint ,task ,force established under subsection 7e7 when the scope1 complexity1 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 ,director2 and 7#d7 the term situational awareness means knowledge and unified understanding of unlawful cross-border activity1 including-- 7,a7 threats and trends concerning illicit trafficking and unlawful crossings2 7,b7 the ability to forecast future shifts in such threats and trends2 7,c7 the ability to evaluate such threats and trends at a level sufficient to create actionable plans2 and 7,d7 the operational capability to conduct continuous and integrated surveillance of the air1 land1 and maritime borders of the ,united ,states4 7b7 ,department leadership councils 7#a7 ,establishment ,the ,secretary may establish such ,department leadership councils as the ,secretary determines necessary to ensure coordination among leadership in the ,department4 7#b7 ,function ,department leadership councils shall-- 7,a7 serve as coordinating forums2 7,b7 advise the ,secretary and ,deputy ,secretary on ,department strategy1 operations1 and guidance2 and 7,c7 consider and report on such other matters as the ,secretary or ,deputy ,secretary may direct4 7#c7 ,chairperson2 membership 7,a7 ,chairperson ,the ,secretary or a designee may serve as chairperson of a ,department leadership council4 7,b7 ,membership ,the ,secretary shall determine the membership of a ,department leadership council4 7#d7 ,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 office1 component1 coordinator1 or other senior official of the ,department4 7c7 ,joint requirements council 7#a7 ,establishment ,there is established within the ,department a ,joint ,requirements ,council4 7#b7 ,mission ,in addition to other matters assigned to it by the ,secretary and ,deputy ,secretary1 the ,joint ,requirements ,council shall-- 7,a7 identify1 assess1 and validate joint requirements 7including existing systems and associated capability gaps7 to meet mission needs of the ,department2 7,b7 ensure that appropriate efficiencies are made among life-cycle cost1 schedule1 and performance objectives1 and procurement quantity objectives1 in the establishment and approval of joint requirements2 and 7,c7 make prioritized capability recommendations for the joint requirements approved under subparagraph 7,a7 to the ,secretary1 the ,deputy ,secretary1 or the chairperson of a ,department leadership council designated by the ,secretary to review decisions of the ,joint ,requirements ,council4 7#c7 ,chair ,the ,secretary shall appoint a chairperson of the ,joint ,requirements ,council1 for a term of not more than #b years1 from among senior officials from components of the ,department or other senior officials as designated by the ,secretary4 7#d7 ,composition ,the ,joint ,requirements ,council shall be composed of senior officials representing components of the ,department and other senior officials as designated by the ,secretary4 7#e7 ,relationship to future years homeland security program ,the ,secretary shall ensure that the ,future ,years ,homeland ,security ,program required under section #hgd is consistent with the recommendations of the ,joint ,requirements ,council under paragraph 7#b77;,c7 of this subsection1 as affirmed by the ,secretary1 the ,deputy ,secretary1 or the chairperson of a ,department leadership council designated by the ,secretary under that paragraph4 7d7 ,joint operational plans 7#a7 ,planning and guidance ,the ,secretary may direct the development of ,joint ,operational ,plans for the ,department and issue planning guidance for such development4 7#b7 ,coordination ,the ,secretary shall ensure coordination between requirements derived from ,joint ,operational ,plans and the ,future ,years ,homeland ,security ,program required under section #hgd4 7#c7 ,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 ,v4 7e7 ,joint task forces 7#a7 ,establishment ,the ,secretary may establish and operate ,departmental ,joint ,task ,forces to conduct joint operations using personnel and capabilities of the ,department4 7#b7 ,joint task force directors 7,a7 ,director ,each ,joint ,task ,force shall be headed by a ,director appointed by the ,secretary for a term of not more than #b years1 who shall be a senior official of the ,department4 7,b7 ,extension ,the ,secretary may extend the appointment of a ,director of a ,joint ,task ,force for not more than #b years if the ,secretary determines that such an extension is in the best interest of the ,department4 7#c7 ,joint task force deputy directors ,for each ,joint ,task ,force1 the ,secretary shall appoint a ,deputy ,director who shall be an official of a different component or office than the ,director of the ,joint ,task ,force4 7#d7 ,responsibilities ,the ,director of a ,joint ,task ,force1 subject to the oversight1 direction1 and guidance of the ,secretary1 shall-- 7,a7 maintain situational awareness within the areas of responsibility of the ,joint ,task ,force1 as determined by the ,secretary2 7,b7 provide operational plans and requirements for standard operating procedures and contingency operations2 7,c7 plan and execute joint task force activities within the areas of responsibility of the ,joint ,task ,force1 as determined by the ,secretary2 7,d7 set and accomplish strategic objectives through integrated operational planning and execution2 7,e7 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 ,force2 7,f7 establish operational and investigative priorities within the operating areas of the ,joint ,task ,force2 7,g7 coordinate with foreign governments and other ,federal1 ,state1 and local agencies1 as appropriate1 to carry out the mission of the ,joint ,task ,force2 and 7,h7 carry out other duties and powers the ,secretary determines appropriate4 7#e7 ,personnel and resources 7,a7 ,in general ,the ,secretary may1 upon request of the ,director of a ,joint ,task ,force1 and giving appropriate consideration of risk to the other primary missions of the ,department1 allocate on a temporary basis personnel and equipment of components and offices of the ,department to a ,joint ,task ,force4 7,b7 ,cost neutrality ,a ,joint ,task ,force may not require more personnel1 equipment1 or resources than would be required by components of the ,department in the absence of the ,joint ,task ,force4 7,c7 ,location of operations ,in establishing a location of operations for a ,joint ,task ,force1 the ,secretary shall1 to the extent practicable1 use existing facilities that integrate efforts of components of the ,department and ,state1 local1 tribal1 or territorial law enforcement or military entities4 7#f7 ,component resource authority ,as directed by the ,secretary-- 7,a7 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 section2 7,b7 the resources referred to in subparagraph 7,a7 shall be under the operational authority1 direction1 and control of the ,director of the ,joint ,task ,force to which the resources are assigned2 and 7,c7 the personnel and equipment of each ,joint ,task ,force shall remain under the administrative direction of the executive agent for the ,joint ,task ,force4 7#g7 ,joint task force staff ,each ,joint ,task ,force shall have a staff1 composed of officials from relevant components1 to assist the ,director in carrying out the mission and responsibilities of the ,joint ,task ,force4 7#h7 ,establishment of performance metrics ,the ,secretary shall-- 7,a7 establish outcome-based and other appropriate performance metrics to evaluate the effectiveness of each ,joint ,task ,force2 7,b7 not later than #abj days after the date of enactment of this section1 submit the metrics established under subparagraph 7,a7 to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,c7 not later than ,january #ca of each year beginning in #bjag1 submit to each committee described in subparagraph 7,b7 a report that contains the evaluation described in subparagraph 7,a74 7#i7 ,joint duty training program 7,a7 ,in general ,the ,secretary shall-- 7i7 establish a joint duty training program in the ,department for the purposes of-- 7,i7 enhancing coordination within the ,department2 and 7,,ii7 promoting workforce professional development2 and 7ii7 tailor the joint duty training program to improve joint operations as part of the ,joint ,task ,forces4 7,b7 ,elements ,the joint duty training program established under subparagraph 7,a7 shall address1 at a minimum1 the following topics3 7i7 ,national security strategy4 7ii7 ,strategic and contingency planning4 7iii7 ,command and control of operations under joint command4 7iv7 ,international engagement4 7v7 ,the homeland security enterprise4 7vi7 ,interagency collaboration4 7vii7 ,leadership4 7viii7 ,specific subject matter relevant to the ,joint ,task ,force to which the joint duty training program is assigned4 7,c7 ,training required 7i7 ,directors and deputy directors ,except as provided in clauses 7iii7 and 7iv71 an individual shall complete the joint duty training program before being appointed ,director or ,deputy ,director of a ,joint ,task ,force4 7ii7 ,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 ,force4 7iii7 ,exception ,clause 7i7 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 section4 7iv7 ,waiver ,the ,secretary may waive clause 7i7 if the ,secretary determines that such a waiver is in the interest of homeland security4 7#aj7 ,establishing joint task forces ,subject to paragraph 7#ac71 the ,secretary may establish ,joint ,task ,forces for the purposes of-- 7,a7 coordinating and directing operations along the land and maritime borders of the ,united ,states2 7,b7 cybersecurity2 and 7,c7 preventing1 preparing for1 and responding to other homeland security matters1 as determined by the ,secretary4 7#aa7 ,notification of joint task force formation 7,a7 ,in general ,not later than #ij days before establishing a ,joint ,task ,force under this subsection1 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 ,representatives4 7,b7 ,waiver authority ,the ,secretary may waive the requirement under subparagraph 7,a7 in the event of an emergency circumstance that imminently threatens the protection of human life or the protection of property4 7#ab7 ,review 7,a7 ,in general ,the ,inspector ,general of the ,department shall conduct a review of the ,joint ,task ,forces established under this subsection4 7,b7 ,contents ,the review required under subparagraph 7,a7 shall include-- 7i7 an assessment of the effectiveness of the structure of each ,joint ,task ,force2 and 7ii7 recommendations for enhancements to that structure to strengthen the effectiveness of the ,joint ,task ,force4 7,c7 ,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-- 7i7 an initial report that contains the evaluation described in subparagraph 7,a7 by not later than ,january #ca1 #bjah2 and 7ii7 a second report that contains the evaluation described in subparagraph 7,a7 by not later than ,january #ca1 #bjba4 7#ac7 ,limitation on joint task forces 7,a7 ,in general ,the ,secretary may not establish a ,joint ,task ,force for any major disaster or emergency declared under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq47 or an incident for which the ,federal ,emergency ,management ,agency has primary responsibility for management of the response under title ,v of this ,act1 including section #ejd7;a77#c77;,a71 unless the responsibilities of the ,joint ,task ,force-- 7i7 do not include operational functions related to incident management1 including coordination of operations2 and 7ii7 are consistent with the requirements of paragraphs 7#c7 and 7#d77;,a7 of section #ejc7;c7 and section #eji7;c7 of this ,act and section #cjb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eadc74 7,b7 ,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 law1 including the diversion of any asset1 function1 or mission from the ,federal ,emergency ,management ,agency or the ,administrator thereof pursuant to section #ejf4 7f7 ,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 development4 4 7b7 ,technical and conforming amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace71 as amended by this ,act1 is amended by inserting after the item relating to section #gjg the following3 ,sec4 #gjh4 ,department coordination4 4 #ajc4 ,national ,operations ,center ,section #eae of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cba;d7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking emergency managers and decision makers and inserting emergency managers1 decision makers1 and other appropriate officials2 and 7,b7 by inserting and steady-state activity before the period at the end2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking and tribal governments and inserting tribal1 and territorial governments1 the private sector1 and international partners2 and 7ii7 by striking in the event of and inserting for events1 threats1 and incidents involving2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 enter into agreements with other ,federal operations centers and other homeland security partners1 as appropriate1 to facilitate the sharing of information4 2 7#c7 by redesignating subsection 7c7 as subsection 7d72 and 7#d7 by inserting after subsection 7b7 the following3 7c7 ,reporting requirements ,each ,federal agency shall provide the ,national ,operations ,center with timely information-- 7#a7 relating to events1 threats1 and incidents involving a natural disaster1 act of terrorism1 or other man-made disaster2 7#b7 concerning the status and potential vulnerability of the critical infrastructure and key resources of the ,united ,states2 7#c7 relevant to the mission of the ,department of ,homeland ,security2 or 7#d7 as may be requested by the ,secretary under section #bjb4 2 and 7#e7 in subsection 7d71 as so redesignated-- 7,a7 in the subsection heading1 by striking ,fire service and inserting ,emergency ,responder2 7,b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,establishment of positions ,the ,secretary shall establish a position1 on a rotating basis1 for a representative of ,state and local emergency responders at the ,national ,operations ,center established under subsection 7b7 to ensure the effective sharing of information between the ,federal ,government and ,state and local emergency response services4 2 7,c7 by striking paragraph 7#b72 and 7,d7 by redesignating paragraph 7#c7 as paragraph 7#b74 #ajd4 ,homeland ,security ,advisory ,council 7a7 ,in general ,section #ajb7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aab7;b77 is amended-- 7#a7 in paragraph 7#b71 by striking and at the end2 7#b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#d7 shall establish a ,homeland ,security ,advisory ,council to provide advice and recommendations on homeland security and homeland security-related matters4 4 #aje4 ,strategy1 policy1 and plans 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq471 as amended by this ,act1 is amended by adding at the end the following3 #gji4 ,office of ,strategy1 ,policy1 and ,plans 7a7 ,in general ,there is established in the ,department an ,office of ,strategy1 ,policy1 and ,plans4 7b7 ,head of office ,the ,office of ,strategy1 ,policy1 and ,plans shall be headed by an ,under ,secretary for ,strategy1 ,policy1 and ,plans1 who shall serve as the principal policy advisor to the ,secretary and be appointed by the ,president1 by and with the advice and consent of the ,senate4 7c7 ,functions ,the ,office of ,strategy1 ,policy1 and ,plans shall-- 7#a7 lead1 conduct1 and coordinate ,department-wide policy development and implementation and strategic planning2 7#b7 develop and coordinate policies to promote and ensure quality1 consistency1 and integration for the programs1 offices1 and activities across the ,department2 7#c7 develop and coordinate strategic plans and long-term goals of the ,department with risk-based analysis and planning to improve operational mission effectiveness1 including leading and conducting the quadrennial homeland security review under section #gjg2 7#d7 manage ,department leadership councils and provide analytics and support to such councils2 7#e7 manage international coordination and engagement for the ,department2 7#f7 review and incorporate1 as appropriate1 external stakeholder feedback into ,department policy2 and 7#g7 carry out such other responsibilities as the ,secretary determines appropriate4 7d7 ,coordination by department components ,to ensure consistency with the policy priorities of the ,department1 the head of each component of the ,department shall coordinate with the ,office of ,strategy1 ,policy1 and ,plans in establishing or modifying policies or strategic planning guidance4 7e7 ,homeland security statistics and joint analysis 7#a7 ,homeland security statistics ,the ,under ,secretary for ,strategy1 ,policy1 and ,plans shall-- 7,a7 establish standards of reliability and validity for statistical data collected and analyzed by the ,department2 7,b7 be provided with statistical data maintained by the ,department regarding the operations of the ,department2 7,c7 conduct or oversee analysis and reporting of such data by the ,department as required by law or directed by the ,secretary2 and 7,d7 ensure the accuracy of metrics and statistical data provided to ,congress4 7#b7 ,transfer of responsibilities ,there shall be transferred to the ,under ,secretary for ,strategy1 ,policy1 and ,plans the maintenance of all immigration statistical information of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,citizenship and ,immigration ,services1 which shall include information and statistics of the type contained in the publication entitled ,yearbook of ,immigration ,statistics prepared by the ,office of ,immigration ,statistics1 including region-by-region statistics on the aggregate number of applications and petitions filed by an alien 7or filed on behalf of an alien7 and denied1 and the reasons for such denials1 disaggregated by category of denial and application or petition type4 4 7b7 ,technical and conforming amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace71 as amended by this ,act1 is amended by inserting after the item relating to section #gjh the following3 ,sec4 #gji4 ,office of ,strategy1 ,policy1 and ,plans4 4 #ajf4 ,authorization of the ,office for ,partnerships ,against ,violent ,extremism of the ,department of ,homeland ,security 7a7 ,in general ,the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended-- 7#a7 by inserting after section #hja the following3 #hjb4 ,office for ,partnerships ,against ,violent ,extremism 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,emergency ,management ,agency4 7#b7 ,assistant secretary ,the term ,assistant ,secretary means the ,assistant ,secretary for ,partnerships ,against ,violent ,extremism designated under subsection 7c74 7#c7 ,countering violent extremism ,the term countering violent extremism means proactive and relevant actions to counter recruitment1 radicalization1 and mobilization to violence and to address the immediate factors that lead to violent extremism and radicalization4 7#d7 ,domestic terrorism2 international terrorism ,the terms domestic terrorism and international terrorism have the meanings given those terms in section #bcca of title #ah1 ,united ,states ,code4 7#e7 ,radicalization ,the term radicalization means the process by which an individual chooses to facilitate or commit domestic terrorism or international terrorism4 7#f7 ,violent extremism ,the term violent extremism means international or domestic terrorism4 7b7 ,establishment ,there is in the ,department an ,office for ,partnerships ,against ,violent ,extremism4 7c7 ,head of office ,the ,office for ,partnerships ,against ,violent ,extremism shall be headed by an ,assistant ,secretary for ,partnerships ,against ,violent ,extremism1 who shall be designated by the ,secretary and report directly to the ,secretary4 7d7 ,deputy assistant secretary2 assignment of personnel ,the ,secretary shall-- 7#a7 designate a career ,deputy ,assistant ,secretary for ,partnerships ,against ,violent ,extremism2 and 7#b7 assign or hire1 as appropriate1 permanent staff to the ,office for ,partnerships ,against ,violent ,extremism4 7e7 ,responsibilities 7#a7 ,in general ,the ,assistant ,secretary shall be responsible for the following3 7,a7 ,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 extremism4 ,such efforts shall include the following3 7i7 ,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 institutions4 7ii7 ,working with civil society groups and communities to counter violent extremist propaganda1 messaging1 or recruitment4 7iii7 ,in coordination with the ,office for ,civil ,rights and ,civil ,liberties of the ,department1 managing the outreach and engagement efforts of the ,department directed toward communities at risk for radicalization and recruitment for violent extremist activities4 7iv7 ,ensuring relevant information1 research1 and products inform efforts to counter violent extremism4 7v7 ,developing and maintaining ,department-wide strategy1 plans1 policies1 and programs to counter violent extremism4 ,such plans shall1 at a minimum1 address each of the following3 7,i7 ,the ,department's plan to leverage new and existing ,internet and other technologies and social media platforms to improve non-government efforts to counter violent extremism1 as well as the best practices and lessons learned from other ,federal1 ,state1 local1 tribal1 territorial1 and foreign partners engaged in similar counter-messaging efforts4 7,,ii7 ,the ,department's countering violent extremism-related engagement efforts4 7,,iii7 ,the use of cooperative agreements with ,state1 local1 tribal1 territorial1 and other ,federal departments and agencies responsible for efforts relating to countering violent extremism4 7vi7 ,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 privacy1 civil rights1 and civil liberties of all persons4 7vii7 ,in coordination with the ,under ,secretary for ,science and ,technology and in consultation with the ,under ,secretary for ,intelligence and ,analysis1 identifying and recommending new empirical research and analysis requirements to ensure the dissemination of information and methods for ,federal1 ,state1 local1 tribal1 and territorial countering violent extremism practitioners1 officials1 law enforcement personnel1 and non-governmental partners to utilize such research and analysis4 7viii7 ,assessing the methods used by violent extremists to disseminate propaganda and messaging to communities at risk for recruitment by violent extremists4 7,b7 ,developing a digital engagement strategy that expands the outreach efforts of the ,department to counter violent extremist messaging by-- 7i7 exploring ways to utilize relevant ,internet and other technologies and social media platforms2 and 7ii7 maximizing other resources available to the ,department4 7,c7 ,serving as the primary representative of the ,department in coordinating countering violent extremism efforts with other ,federal departments and agencies and non-governmental organizations4 7,d7 ,serving as the primary ,department-level representative in coordinating with the ,department of ,state on international countering violent extremism issues4 7,e7 ,in coordination with the ,administrator1 providing guidance regarding the use of grants made to ,state1 local1 and tribal governments under sections #bjjc and #bjjd under the allowable uses guidelines related to countering violent extremism4 7,f7 ,developing a plan to expand philanthropic support for domestic efforts related to countering violent extremism1 including by identifying viable community projects and needs for possible philanthropic support4 7#b7 ,communities at risk ,for purposes of this subsection1 the term communities at risk shall not include a community that is determined to be at risk solely on the basis of race1 religious affiliation1 or ethnicity4 7f7 ,strategy ,to counter violent extremism in the united states 7#a7 ,strategy ,not later than #ij days after the date of enactment of this section1 the ,secretary shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,house of ,representatives a comprehensive ,department strategy to counter violent extremism in the ,united ,states4 7#b7 ,contents of strategy ,the strategy required under paragraph 7#a7 shall1 at a minimum1 address each of the following3 7,a7 ,the ,department's digital engagement effort1 including a plan to leverage new and existing ,internet1 digital1 and other technologies and social media platforms to counter violent extremism1 as well as the best practices and lessons learned from other ,federal1 ,state1 local1 tribal1 territorial1 non-governmental1 and foreign partners engaged in similar counter-messaging activities4 7,b7 ,the ,department's countering violent extremism-related engagement and outreach activities4 7,c7 ,the use of cooperative agreements with ,state1 local1 tribal1 territorial1 and other ,federal departments and agencies responsible for activities relating to countering violent extremism4 7,d7 ,ensuring all activities related to countering violent extremism adhere to relevant ,department and applicable ,department of ,justice guidance regarding privacy1 civil rights1 and civil liberties1 including safeguards against discrimination4 7,e7 ,the development of qualitative and quantitative outcome-based metrics to evaluate the ,department's programs and policies to counter violent extremism4 7,f7 ,an analysis of the homeland security risk posed by violent extremism based on the threat environment and empirical data assessing terrorist activities and incidents1 and violent extremist propaganda1 messaging1 or recruitment4 7,g7 ,information on the ,department's near-term1 mid-term1 and long-term risk-based goals for countering violent extremism1 reflecting the risk analysis conducted under subparagraph 7,f74 7#c7 ,strategic considerations ,in drafting the strategy required under paragraph 7#a71 the ,secretary shall consider including the following3 7,a7 ,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 programs1 including outreach1 training1 and information sharing programs4 7,b7 ,the ,department's nondiscrimination policies as they relate to countering violent extremism4 7,c7 ,departmental efforts to help promote community engagement and partnerships to counter violent extremism in furtherance of the strategy4 7,d7 ,departmental efforts to help increase support for programs and initiatives to counter violent extremism of other ,federal1 ,state1 local1 tribal1 territorial1 non-governmental1 and foreign partners that are in furtherance of the strategy1 and which adhere to all relevant constitutional1 legal1 and privacy protections4 7,e7 ,departmental efforts to disseminate to local law enforcement agencies and the general public information on resources1 such as training guidance1 workshop reports1 and the violent extremist threat1 through multiple platforms1 including the development of a dedicated webpage1 and information regarding the effectiveness of those efforts4 7,f7 ,departmental efforts to use cooperative agreements with ,state1 local1 tribal1 territorial1 and other ,federal departments and agencies responsible for efforts relating to countering violent extremism1 and information regarding the effectiveness of those efforts4 7,g7 ,information on oversight mechanisms and protections to ensure that activities and programs undertaken pursuant to the strategy adhere to all relevant constitutional1 legal1 and privacy protections4 7,h7 ,departmental efforts to conduct oversight of all countering violent extremism training and training materials and other resources developed or funded by the ,department4 7,i7 ,departmental efforts to foster transparency by making1 to the extent practicable1 all regulations1 guidance1 documents1 policies1 and training materials publicly available1 including through any webpage developed under subparagraph 7,e74 7#d7 ,strategic implementation plan 7,a7 ,in general ,not later than #ij days after the date on which the ,secretary submits the strategy required under paragraph 7#a71 the ,secretary shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 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 strategy4 7,b7 ,contents ,the implementation plan required under subparagraph 7,a7 shall include an integrated master schedule and cost estimate for activities and programs contained in the implementation plan1 with specificity on how each such activity and program aligns with near-term1 mid-term1 and long-term goals specified in the strategy required under paragraph 7#a74 7g7 ,annual report ,not later than ,april #a1 #bjag1 and annually thereafter1 the ,assistant ,secretary shall submit to ,congress an annual report on the ,office for ,partnerships ,against ,violent ,extremism1 which shall include the following3 7#a7 ,a description of the status of the programs and policies of the ,department for countering violent extremism in the ,united ,states4 7#b7 ,a description of the efforts of the ,office for ,partnerships ,against ,violent ,extremism to cooperate with and provide assistance to other ,federal departments and agencies4 7#c7 ,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 policies4 7#d7 ,an accounting of-- 7,a7 grants and cooperative agreements awarded by the ,department to counter violent extremism2 and 7,b7 all training specifically aimed at countering violent extremism sponsored by the ,department4 7#e7 ,an analysis of how the ,department's activities to counter violent extremism correspond and adapt to the threat environment4 7#f7 ,a summary of how civil rights and civil liberties are protected in the ,department's activities to counter violent extremism4 7#g7 ,an evaluation of the use of section #bjjc and section #bjjd grants and cooperative agreements awarded to support efforts of local communities in the ,united ,states to counter violent extremism1 including information on the effectiveness of such grants and cooperative agreements in countering violent extremism4 7#h7 ,a description of how the ,office for ,partnerships ,against ,violent ,extremism incorporated lessons learned from the countering violent extremism programs and policies of foreign1 ,state1 local1 tribal1 and territorial governments and stakeholder communities4 7h7 ,annual review ,not later than #a year after the date of enactment of this section1 and every year thereafter1 the ,office for ,civil ,rights and ,civil ,liberties of the ,department shall-- 7#a7 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 privacy1 civil rights1 and civil liberties of all persons2 and 7#b7 make publicly available on the website of the ,department a report containing the results of the review conducted under paragraph 7#a74 2 and 7#b7 in section #bjjh7;b77#a7-- 7,a7 in subparagraph 7,a71 by striking or at the end2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7,c7 to support any organization or group which has knowingly or recklessly funded domestic terrorism or international terrorism 7as those terms are defined in section #bcca of title #ah1 ,united ,states ,code7 or organization or group known to engage in or recruit to such activities1 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 agencies4 4 7b7 ,technical and conforming amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace71 as amended by this ,act1 is amended by inserting after the item relating to section #hja the following3 ,sec4 #hjb4 ,office for ,partnerships ,against ,violent ,extremism4 4 7c7 ,sunset ,effective on the date that is #g years after the date of enactment of this ,act-- 7#a7 section #hjb of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a71 is repealed2 and 7#b7 the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace7 is amended by striking the item relating to section #hjb4 ,,ii ,department accountability1 efficiency1 and workforce reforms #bja4 ,duplication review 7a7 ,in general ,the ,secretary shall-- 7#a7 not later than #a year after the date of enactment of this ,act1 complete a review of the international affairs offices1 functions1 and responsibilities of the ,department to identify and eliminate areas of unnecessary duplication2 and 7#b7 not later than #cj days after the date on which the ,secretary completes the review under subparagraph 7,a71 provide the results of the review to the congressional homeland security committees4 7b7 ,exclusion ,this subsection shall not apply to international activities related to the protective mission of the ,united ,states ,secret ,service1 or to the ,coast ,guard when operating under the direct authority of the ,secretary of ,defense or the ,secretary of the ,navy4 #bjb4 ,information technology strategic plan 7a7 ,in general ,section #gjc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdc7 is amended by adding at the end the following3 7c7 ,strategic plans ,consistent with the timing set forth in section #cjf7;a7 of title #e1 ,united ,states ,code1 and the requirements under section #cejf of title #dd1 ,united ,states ,code1 the ,chief ,information ,officer shall develop1 make public1 and submit to the congressional homeland security committees an information technology strategic plan1 which shall include how-- 7#a7 information technology will be leveraged to meet the priority goals and strategic objectives of the ,department2 7#b7 the budget of the ,department aligns with priorities specified in the information technology strategic plan2 7#c7 unnecessary duplicative1 legacy1 and outdated information technology within and across the ,department will be identified and eliminated2 7#d7 the ,chief ,information ,officer will coordinate with components of the ,department to ensure that information technology policies are effectively and efficiently implemented across the ,department2 7#e7 a list of information technology projects1 including completion dates1 will be made available to the public and ,congress2 7#f7 the ,chief ,information ,officer will inform ,congress of high risk projects and cybersecurity risks2 and 7#g7 the ,chief ,information ,officer plans to maximize the use and purchase of commercial off-the-shelf information technology products and services4 4 #bjc4 ,software licensing 7a7 ,in general ,section #gjc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdc71 as amended by section #bjb of this ,act1 is amended by adding at the end the following3 7d7 ,software licensing 7#a7 ,in general ,not later than #ahj days after the date of enactment of this subsection1 and every #b years thereafter1 the ,chief ,information ,officer1 in consultation with ,chief ,information ,officers of components of the ,department1 shall-- 7,a7 conduct a ,department-wide inventory of all existing software licenses held by the ,department1 including utilized and unutilized licenses2 7,b7 assess the needs of the ,department for software licenses for the subsequent #b fiscal years2 7,c7 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 licenses2 7,d7 determine how the use of technological advancements will impact the needs for software licenses for the subsequent #b fiscal years2 7,e7 establish plans and estimated costs for eliminating unutilized software licenses for the subsequent #b fiscal years2 and 7,f7 consult with the ,federal ,chief ,information ,officer to identify best practices in the ,federal government for purchasing and maintaining software licenses4 7#b7 ,excess software licensing 7,a7 ,plan to reduce software licenses ,if the ,chief ,information ,officer determines through the inventory conducted under paragraph 7#a77;,a7 that the number of software licenses held by the ,department exceed the needs of the ,department as assessed under paragraph 7#a77;,b71 the ,secretary1 not later than #ij days after the date on which the inventory is completed1 shall establish a plan for bringing the number of such software licenses into balance with such needs of the ,department4 7,b7 ,prohibition on procurement of excess software licenses 7i7 ,in general ,except as provided in clause 7ii71 upon completion of a plan established under paragraph 7#a77;,a71 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 ,department4 7ii7 ,exception ,the ,chief ,information ,officer may authorize the purchase of additional licenses and amend the number of needed licenses as necessary4 7#c7 ,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 7#a77;,a71 each plan established under paragraph 7#b77;,a71 and each exception exercised under paragraph 7#b77;,b77ii74 4 7b7 ,,gao review ,not later than #a year after the date on which the results of the first inventory are submitted to ,congress under subsection #gjc7;d7 of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a71 the ,comptroller ,general of the ,united ,states shall assess whether the ,department complied with the requirements under paragraphs 7#a7 and 7#b77;,a7 of such section #gjc7;d7 and provide the results of the review to the congressional homeland security committees4 #bjd4 ,workforce strategy 7a7 ,in general ,section #gjd of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdc7 is amended-- 7#a7 by striking ,the ,chief ,human ,capital ,officer and inserting the following3 7a7 ,in general ,the ,chief ,human ,capital ,officer 2 and 7#b7 by adding at the end the following3 7b7 ,component strategies 7#a7 ,in general ,each component of the ,department shall1 in coordination with the ,chief ,human ,capital ,officer of the ,department1 develop a #e-year workforce strategy for the component that will support the goals1 objectives1 and performance measures of the ,department for determining the proper balance of ,federal employees and private labor resources4 7#b7 ,strategy requirements ,in developing the strategy required under paragraph 7#a71 each component shall consider the effect on human resources associated with creating additional ,federal full-time equivalent positions1 converting private contractors to ,federal employees1 or relying on the private sector for goods and services1 including-- 7,a7 hiring projections1 including occupation and grade level1 as well as corresponding salaries1 benefits1 and hiring or retention bonuses2 7,b7 the identification of critical skills requirements over the #e-year period1 any current or anticipated deficiency in critical skills required at the ,department1 and the training or other measures required to address those deficiencies in skills2 7,c7 recruitment of qualified candidates and retention of qualified employees2 7,d7 supervisory and management requirements2 7,e7 travel and related personnel support costs2 7,f7 the anticipated cost and impact on mission performance associated with replacing ,federal personnel due to their retirement or other attrition2 and 7,g7 other appropriate factors4 7c7 ,annual submission ,not later than #ij days after the date on which the ,secretary submits the annual budget justification for the ,department1 the ,secretary shall submit to the congressional homeland security committees a report that includes a table1 delineated by component with actual and enacted amounts1 including-- 7#a7 information on the progress within the ,department of fulfilling the workforce strategies developed under subsection 7b72 and 7#b7 the number of on-board staffing for ,federal employees from the prior fiscal year2 7#c7 the total contract hours submitted by each prime contractor as part of the service contract inventory required under section #gdc of the ,financial ,services and ,general ,government ,appropriations ,act1 #bjaj 7division ,c of ,public ,law #aaa-aag2 #ca ,u4,s4,c4 #eja note7 with respect to-- 7,a7 support service contracts2 7,b7 federally funded research and development center contracts2 and 7,c7 science1 engineering1 technical1 and administrative contracts2 and 7#d7 the number of full-time equivalent personnel identified under the ,intergovernmental ,personnel ,act of #aigj 7#db ,u4,s4,c4 #dgja et seq474 4 #bje4 ,whistleblower protections 7a7 ,in general ,section #hhc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dfc7 is amended to read as follows3 #hhc4 ,whistleblower protections 7a7 ,definitions ,in this section-- 7#a7 the term new employee means an individual-- 7,a7 appointed to a position as an employee of the ,department on or after the date of enactment of the ,,dhs ,accountability ,act of #bjaf2 and 7,b7 who has not previously served as an employee of the ,department2 7#b7 the term prohibited personnel action means taking or failing to take an action in violation of paragraph 7#h7 or 7#i7 of section #bcjb7;b7 of title #e1 ,untied ,states ,code1 against an employee of the ,department2 7#c7 the term supervisor means a supervisor1 as defined under section #gajc7;a7 of title #e1 ,united ,states ,code1 who is employed by the ,department2 and 7#d7 the term whistleblower protections means the protections against and remedies for a prohibited personnel practice described in paragraph 7#h7 or subparagraph 7,a77i71 7,b71 7,c71 or 7,d7 of paragraph 7#i7 of section #bcjb7;b7 of title #e1 ,united ,states ,code4 7b7 ,adverse actions 7#a7 ,proposed adverse actions ,in accordance with paragraph 7#b71 the ,secretary shall propose against a supervisor whom the ,secretary1 an administrative law judge1 the ,merit ,systems ,protection ,board1 the ,office of ,special ,counsel1 an adjudicating body provided under a union contract1 a ,federal judge1 or the ,inspector ,general of the ,department determines committed a prohibited personnel action the following adverse actions3 7,a7 ,with respect to the first prohibited personnel action1 an adverse action that is not less than a #ab-;day suspension4 7,b7 ,with respect to the second prohibited personnel action1 removal4 7#b7 ,procedures 7,a7 ,notice ,a supervisor against whom an adverse action under paragraph 7#a7 is proposed is entitled to written notice4 7,b7 ,answer and evidence 7i7 ,in general ,a supervisor who is notified under subparagraph 7,a7 that the supervisor is the subject of a proposed adverse action under paragraph 7#a7 is entitled to #ad days following such notification to answer and furnish evidence in support of the answer4 7ii7 ,no evidence ,after the end of the #ad-;day period described in clause 7i71 if a supervisor does not furnish evidence as described in clause 7i7 or if the ,secretary determines that such evidence is not sufficient to reverse the proposed adverse action1 the ,secretary shall carry out the adverse action4 7,c7 ,scope of procedures ,paragraphs 7#a7 and 7#b7 of subsection 7b7 and subsection 7c7 of section #geac of title #e1 ,united ,states ,code1 and paragraphs 7#a7 and 7#b7 of subsection 7b7 and subsection 7c7 of section #gedc of title #e1 ,united ,states ,code1 shall not apply with respect to an adverse action carried out under this subsection4 7#c7 ,limitation on other adverse actions ,with respect to a prohibited personnel action1 if the ,secretary carries out an adverse action against a supervisor under another provision of law1 the ,secretary may carry out an additional adverse action under this subsection based on the same prohibited personnel action4 7c7 ,training for supervisors ,in consultation with the ,special ,counsel and the ,inspector ,general of the ,department1 the ,secretary shall provide training regarding how to respond to complaints alleging a violation of whistleblower protections available to employees of the ,department-- 7#a7 to employees appointed to supervisory positions in the ,department who have not previously served as a supervisor2 and 7#b7 on an annual basis1 to all employees of the ,department serving in a supervisory position4 7d7 ,information on whistleblower protections 7#a7 ,responsibilities of secretary ,the ,secretary shall be responsible for-- 7,a7 the prevention of prohibited personnel practices2 7,b7 the compliance with and enforcement of applicable civil service laws1 rules1 and regulations and other aspects of personnel management2 and 7,c7 ensuring 7in consultation with the ,special ,counsel and the ,inspector ,general of the ,department7 that employees of the ,department are informed of the rights and remedies available to them under chapters #ab and #bc of title #e1 ,united ,states ,code1 including-- 7i7 information regarding whistleblower protections available to new employees during the probationary period2 7ii7 the role of the ,office of ,special ,counsel and the ,merit ,systems ,protection ,board with regard to whistleblower protections2 and 7iii7 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 ,counsel1 the ,inspector ,general of the ,department1 ,congress1 or other ,department employee designated to receive such disclosures4 7#b7 ,timing ,the ,secretary shall ensure that the information required to be provided under paragraph 7#a7 is provided to each new employee of the ,department not later than #f months after the date the new employee is appointed4 7#c7 ,information online ,the ,secretary shall make available information regarding whistleblower protections applicable to employees of the ,department on the public website of the ,department1 and on any online portal that is made available only to employees of the ,department4 7#d7 ,delegees ,any employee to whom the ,secretary delegates authority for personnel management1 or for any aspect thereof1 shall1 within the limits of the scope of the delegation1 be responsible for the activities described in paragraph 7#a74 7e7 ,rules of construction ,nothing in this section shall be construed to exempt the ,department from requirements applicable with respect to executive agencies-- 7#a7 to provide equal employment protection for employees of the ,department 7including pursuant to section #bcjb7;b77#a7 of title #e1 ,united ,states ,code1 and the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note772 or 7#b7 to provide whistleblower protections for employees of the ,department 7including pursuant to paragraphs 7#h7 and 7#i7 of section #bcjb7;b7 of title #e1 ,united ,states ,code1 and the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note774 4 7b7 ,technical and conforming amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace71 as amended by this ,act1 is amended by striking the item relating to section #hhc and inserting the following3 ,sec4 #hhc4 ,whistleblower protections4 4 #bjf4 ,cost savings and efficiency reviews ,not later than #b years after the date of enactment of this ,act1 the ,secretary1 acting through the ,under ,secretary for ,management1 shall submit to the congressional homeland security committees a report1 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 law1 including information that is not publicly releasable1 that-- 7#a7 provides a detailed accounting of the management and administrative expenditures and activities of each component of the ,department and identifies potential cost savings1 avoidances1 and efficiencies for those expenditures and activities2 7#b7 examines major physical assets of the ,department1 as defined by the ,secretary2 7#c7 reviews the size1 experience level1 and geographic distribution of the operational personnel of the ,department2 and 7#d7 makes recommendations for adjustments in the management and administration of the ,department that would reduce deficiencies in the capabilities of the ,department1 reduce costs1 and enhance efficiencies4 #bjg4 ,abolishment of certain offices 7a7 ,abolishment of the director of shared services ,the position of ,director of ,shared ,services in the ,department is abolished4 7b7 ,abolishment of the office of the director of counternarcotics enforcement 7#a7 ,abolishment ,the ,office of the ,director of ,counternarcotics ,enforcement in the ,department is abolished4 7#b7 ,technical and conforming amendment ,section #hdc7;b77#a77;,b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dac7;b77#a77;,b77 is amended by striking by-- and all that follows through the end and inserting by the ,secretary2 and4 ,,iii ,department transparency and assessments #cja4 ,homeland security statistics and metrics 7a7 ,in general ,section #gja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,homeland security statistics and joint analysis 7#a7 ,homeland security statistics ,the ,under ,secretary for ,management shall-- 7,a7 establish standards of reliability and validity for statistical data collected and analyzed by the ,department2 7,b7 be provided with statistical data maintained by the ,department regarding the operations of the ,department2 7,c7 conduct or oversee analysis and reporting of such data by the ,department as required by law or directed by the ,secretary2 and 7,d7 ensure the accuracy of metrics and statistical data provided to ,congress4 7#b7 ,transfer of responsibilities ,there shall be transferred to the ,under ,secretary for ,management the maintenance of all immigration statistical information of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,citizenship and ,immigration ,services1 which shall include information and statistics of the type contained in the publication entitled ,yearbook of ,immigration ,statistics prepared by the ,office of ,immigration ,statistics1 including region-by-region statistics on the aggregate number of applications and petitions filed by an alien 7or filed on behalf of an alien7 and denied1 and the reasons for such denials1 disaggregated by category of denial and application or petition type4 4 7b7 ,immigration functions ,section #dgh7;a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bih7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking to the ,committees on the ,judiciary and ,government ,reform of the ,house of ,representatives1 and to the ,committees on the ,judiciary and ,government ,affairs of the ,senate1 and inserting the ,committee on the ,judiciary of the ,senate1 the ,committee on the ,judiciary of the ,house of ,representatives1 and the congressional homeland security committees2 and 7#b7 in paragraph 7#b71 by adding at the end the following3 7,i7 ,the number of persons known to have overstayed the terms of their visa1 by visa type4 7,j7 ,an estimated percentage of persons believed to have overstayed their visa1 by visa type4 7,k7 ,a description of immigration enforcement actions4 4 7c7 ,border security metrics 7#a7 ,definitions ,in this subsection3 7,a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7i7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7ii7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7iii7 the ,committee on the ,judiciary of the ,senate2 and 7iv7 the ,committee on the ,judiciary of the ,house of ,representatives4 7,b7 ,consequence delivery system ,the term ,consequence ,delivery ,system means the series of consequences applied by the ,border ,patrol to persons unlawfully entering the ,united ,states to prevent unlawful border crossing recidivism4 7,c7 ,got away ,the term got away means an unlawful border crosser who-- 7i7 is directly or indirectly observed making an unlawful entry into the ,united ,states2 and 7ii7 is not a turn back and is not apprehended4 7,d7 ,known migrant flow ,the term known migrant flow means the sum of the number of undocumented migrants-- 7i7 interdicted at sea2 7ii7 identified at sea1 but not interdicted2 7iii7 that successfully entered the ,united ,states through the maritime border2 or 7iv7 not described in clause 7i71 7ii71 or 7iii71 which were otherwise reported1 with a significant degree of certainty1 as having entered1 or attempted to enter1 the ,united ,states through the maritime border4 7,e7 ,major violator ,the term major violator means a person or entity that has engaged in serious criminal activities at any land1 air1 or sea port of entry1 including-- 7i7 possession of illicit drugs2 7ii7 smuggling of prohibited products2 7iii7 human smuggling2 7iv7 weapons possession2 7v7 use of fraudulent ,united ,states documents2 or 7vi7 other offenses that are serious enough to result in arrest4 7,f7 ,situational awareness ,the term situational awareness means knowledge and unified understanding of current unlawful cross-border activity1 including-- 7i7 threats and trends concerning illicit trafficking and unlawful crossings2 7ii7 the ability to forecast future shifts in such threats and trends2 7iii7 the ability to evaluate such threats and trends at a level sufficient to create actionable plans2 and 7iv7 the operational capability to conduct persistent and integrated surveillance of the international borders of the ,united ,states4 7,g7 ,transit zone ,the term transit zone means the sea corridors of the western ,atlantic ,ocean1 the ,gulf of ,mexico1 the ,caribbean ,sea1 and the eastern ,pacific ,ocean through which undocumented migrants and illicit drugs transit1 either directly or indirectly1 to the ,united ,states4 7,h7 ,turn back ,the term turn back means an unlawful border crosser who1 after making an unlawful entry into the ,united ,states1 promptly returns to the country from which such crosser entered4 7,i7 ,unlawful border crossing effectiveness rate ,the term unlawful border crossing effectiveness rate means the percentage that results from dividing-- 7i7 the number of apprehensions and turn backs2 and 7ii7 the number of apprehensions1 estimated unlawful entries1 turn backs1 and got aways4 7,j7 ,unlawful entry ,the term unlawful entry means an unlawful border crosser who enters the ,united ,states and is not apprehended by a border security component of the ,department4 7#b7 ,metrics for securing the border between ports of entry 7,a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall develop metrics1 informed by situational awareness1 to measure the effectiveness of security between ports of entry4 ,the ,secretary shall annually implement the metrics developed under this subsection1 which shall include-- 7i7 estimates1 using alternative methodologies1 including recidivism data1 survey data1 known-flow data1 and technologically measured data1 of-- 7,i7 total attempted unlawful border crossings2 7,,ii7 the rate of apprehension of attempted unlawful border crossers2 and 7,,iii7 the number of unlawful entries2 7ii7 a situational awareness achievement metric1 which measures situational awareness achieved in each ,border ,patrol sector2 7iii7 an unlawful border crossing effectiveness rate2 7iv7 a probability of detection1 which compares the estimated total unlawful border crossing attempts not detected by the ,border ,patrol to the unlawful border crossing effectiveness rate1 as informed by clause 7i72 7v7 an illicit drugs seizure rate for drugs seized by the ,border ,patrol1 which compares the ratio of the amount and type of illicit drugs seized by the ,border ,patrol in any fiscal year to the average of the amount and type of illicit drugs seized by the ,border ,patrol in the immediately preceding #e fiscal years2 7vi7 a weight-to-frequency rate1 which compares the average weight of marijuana seized per seizure by the ,border ,patrol in any fiscal year to such weight-to-frequency rate for the immediately preceding #e fiscal years2 7vii7 estimates of the impact of the ,consequence ,delivery ,system on the rate of recidivism of unlawful border crossers over multiple fiscal years2 and 7viii7 an examination of each consequence referred to in clause 7vii71 including-- 7,i7 voluntary return2 7,,ii7 warrant of arrest or notice to appear2 7,,iii7 expedited removal2 7,,iv7 reinstatement of removal2 7,v7 alien transfer exit program2 7,,vi7 ,operation ,streamline2 7,,vii7 standard prosecution2 and 7,,viii7 ,operation ,against ,smugglers ,initiative on ,safety and ,security4 7,b7 ,metrics consultation ,in developing the metrics required under subparagraph 7,a71 the ,secretary shall-- 7i7 consult with the appropriate components of the ,department2 and 7ii7 as appropriate1 work with other agencies1 including the ,office of ,refugee ,resettlement of the ,department of ,health and ,human ,services and the ,executive ,office for ,immigration ,review of the ,department of ,justice1 to ensure that authoritative data sources are utilized4 7,c7 ,manner of collection ,the data used by the ,secretary shall be collected and reported in a consistent and standardized manner across all ,border ,patrol sectors1 informed by situational awareness4 7#c7 ,metrics for securing the border at ports of entry 7,a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall develop metrics1 informed by situational awareness1 to measure the effectiveness of security at ports of entry4 ,the ,secretary shall annually implement the metrics developed under this subsection1 which shall include-- 7i7 estimates1 using alternative methodologies1 including survey data and randomized secondary screening data1 of-- 7,i7 total attempted inadmissible border crossings2 7,,ii7 the rate of apprehension of attempted inadmissible border crossings2 and 7,,iii7 the number of unlawful entries2 7ii7 the amount and type of illicit drugs seized by the ,office of ,field ,operations of ,u4,s4 ,customs and ,border ,protection at ,united ,states land1 air1 and sea ports during the previous fiscal year2 7iii7 an illicit drugs seizure rate for drugs seized by the ,office of ,field ,operations1 which compares the ratio of the amount and type of illicit drugs seized by the ,office of ,field ,operations in any fiscal year to the average of the amount and type of illicit drugs seized by the ,office of ,field ,operations in the immediately preceding #e fiscal years2 7iv7 in consultation with the ,office of ,national ,drug ,control ,policy and the ,united ,states ,southern ,command1 a cocaine seizure effectiveness rate1 which is the percentage resulting from dividing-- 7,i7 the amount of cocaine seized by the ,office of ,field ,operations2 and 7,,ii7 the total estimated cocaine flow rate at ports of entry along the land border2 7v7 the number of infractions related to travelers and cargo committed by major violators who are apprehended by the ,office of ,field ,operations at ports of entry1 and the estimated number of such infractions committed by major violators who are not apprehended2 7vi7 a measurement of how border security operations affect crossing times1 including-- 7,i7 a wait time ratio that compares the average wait times to total commercial and private vehicular traffic volumes at each port of entry2 7,,ii7 an infrastructure capacity utilization rate that measures traffic volume against the physical and staffing capacity at each port of entry2 7,,iii7 a secondary examination rate that measures the frequency of secondary examinations at each port of entry2 and 7,,iv7 an enforcement rate that measures the effectiveness of secondary examinations at detecting major violators2 and 7vii7 a cargo scanning rate that includes-- 7,i7 a comparison of the number of high-risk cargo containers scanned by the ,office of ,field ,operations at each ,united ,states seaport during the fiscal year to the total number of high-risk cargo containers entering the ,united ,states at each seaport during the previous fiscal year2 7,,ii7 the percentage of all cargo that is considered high-risk cargo2 and 7,,iii7 the percentage of high-risk cargo scanned-- 7aa7 upon arrival at a ,united ,states seaport before entering ,united ,states commerce2 and 7bb7 before being laden on a vessel destined for the ,united ,states4 7,b7 ,metrics consultation ,in developing the metrics required under subparagraph 7,a71 the ,secretary shall-- 7i7 consult with the appropriate components of the ,department2 and 7ii7 as appropriate1 work with other agencies1 including the ,office of ,refugee ,resettlement of the ,department of ,health and ,human ,services and the ,executive ,office for ,immigration ,review of the ,department of ,justice1 to ensure that authoritative data sources are utilized4 7,c7 ,manner of collection ,the data used by the ,secretary shall be collected and reported in a consistent and standardized manner across all field offices1 informed by situational awareness4 7#d7 ,metrics for securing the maritime border 7,a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall develop metrics1 informed by situational awareness1 to measure the effectiveness of security in the maritime environment4 ,the ,secretary shall annually implement the metrics developed under this subsection1 which shall include-- 7i7 situational awareness achieved in the maritime environment2 7ii7 an undocumented migrant interdiction rate1 which compares the migrants interdicted at sea to the total known migrant flow2 7iii7 an illicit drugs removal rate1 for drugs removed inside and outside of a transit zone1 which compares the amount and type of illicit drugs removed1 including drugs abandoned at sea1 by the ,department's maritime security components in any fiscal year to the average of the amount and type of illicit drugs removed by the ,department's maritime components for the immediately preceding #e fiscal years2 7iv7 in consultation with the ,office of ,national ,drug ,control ,policy and the ,united ,states ,southern ,command1 a cocaine removal effectiveness rate1 for cocaine removed inside a transit zone and outside a transit zone2 which compares the amount of cocaine removed by the ,department's maritime security components by the total documented cocaine flow rate1 as contained in ,federal drug databases2 7v7 a response rate1 which compares the ability of the maritime security components of the ,department to respond to and resolve known maritime threats1 whether inside and outside a transit zone1 by placing assets on-scene1 to the total number of events with respect to which the ,department has known threat information2 and 7vi7 an intergovernmental response rate1 which compares the ability of the maritime security components of the ,department or other ,united ,states ,government entities to respond to and resolve actionable maritime threats1 whether inside or outside the ,western ,hemisphere transit zone1 by targeting maritime threats in order to detect them1 and of those threats detected1 the total number of maritime threats interdicted or disrupted4 7,b7 ,metrics consultation ,in developing the metrics required under subparagraph 7,a71 the ,secretary shall-- 7i7 consult with the appropriate components of the ,department2 and 7ii7 as appropriate1 work with other agencies1 including the ,drug ,enforcement ,agency1 the ,department of ,defense1 and the ,department of ,justice1 to ensure that authoritative data sources are utilized4 7,c7 ,manner of collection ,the data used by the ,secretary shall be collected and reported in a consistent and standardized manner1 informed by situational awareness4 7#e7 ,air and marine security metrics in the land domain 7,a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall develop metrics1 informed by situational awareness1 to measure the effectiveness of the aviation assets and operations of the ,office of ,air and ,marine of ,u4,s4 ,customs and ,border ,enforcement4 ,the ,secretary shall annually implement the metrics developed under this subsection1 which shall include-- 7i7 an effectiveness rate1 which compares ,office of ,air and ,marine flight hours requirements to the number of flight hours flown by such ,office2 7ii7 a funded flight hour effectiveness rate1 which compares the number of funded flight hours appropriated to the ,office of ,air and ,marine to the number of actual flight hours flown by such ,office2 7iii7 a readiness rate1 which compares the number of aviation missions flown by the ,office of ,air and ,marine to the number of aviation missions cancelled by such ,office due to maintenance1 operations1 or other causes2 7iv7 the number of missions cancelled by such ,office due to weather compared to the total planned missions2 7v7 the number of subjects detected by the ,office of ,air and ,marine through the use of unmanned aerial systems and manned aircrafts2 7vi7 the number of apprehensions assisted by the ,office of ,air and ,marine through the use of unmanned aerial systems and manned aircrafts2 7vii7 the number and quantity of illicit drug seizures assisted by the ,office of ,air and ,marine through the use of unmanned aerial systems and manned aircrafts2 and 7viii7 the number of times that usable intelligence related to border security was obtained through the use of unmanned aerial systems and manned aircraft4 7,b7 ,metrics consultation ,in developing the metrics required under subparagraph 7,a71 the ,secretary shall-- 7i7 consult with the appropriate components of the ,department2 and 7ii7 as appropriate1 work with other agencies1 including the ,department of ,justice1 to ensure that authoritative data sources are utilized4 7,c7 ,manner of collection ,the data used by the ,secretary shall be collected and reported in a consistent and standardized manner1 informed by situational awareness4 7d7 ,data transparency ,the ,secretary shall-- 7#a7 in accordance with applicable privacy laws1 make data related to apprehensions1 inadmissible aliens1 drug seizures1 and other enforcement actions available to the public1 academic research1 and law enforcement communities2 and 7#b7 provide the ,office of ,immigration ,statistics of the ,department with unfettered access to the data described in paragraph 7#a74 7e7 ,evaluation by the government accountability office and the secretary of homeland security 7#a7 ,metrics report 7,a7 ,mandatory disclosures ,the ,secretary shall submit an annual report containing the metrics required under paragraphs 7#b7 through 7#e7 of subsection 7c7 and the data and methodology used to develop such metrics to-- 7i7 the appropriate congressional committees2 and 7ii7 the ,comptroller ,general of the ,united ,states4 7,b7 ,permissible disclosures ,the ,secretary1 for the purpose of validation and verification1 may submit the annual report described in subparagraph 7,a7 to-- 7i7 the ,national ,center for ,border ,security and ,immigration2 7ii7 the head of a national laboratory within the ,department laboratory network with prior expertise in border security2 and 7,c7 a ,federally ,funded ,research and ,development ,center sponsored by the ,department4 7#b7 ,,gao report ,not later than #bgj days after receiving the first report under paragraph 7#a77;,a71 and biennially thereafter for the following #aj years1 the ,comptroller ,general of the ,united ,states1 shall submit a report to the appropriate congressional committees that-- 7,a7 analyzes the suitability and statistical validity of the data and methodology contained in such report2 and 7,b7 includes recommendations to ,congress on-- 7i7 the feasibility of other suitable metrics that may be used to measure the effectiveness of border security2 and 7ii7 improvements that need to be made to the metrics being used to measure the effectiveness of border security4 7#c7 ,state of the border report ,not later than #fj days after the end of each fiscal year through fiscal year #bjbe1 the ,secretary shall submit a ,state of the ,border report to the appropriate congressional committees that-- 7,a7 provides trends for each metric under paragraphs 7#b7 through 7#e7 of subsection 7c7 for the last #aj years1 to the extent possible2 7,b7 provides selected analysis into related aspects of illegal flow rates1 including legal flows and stock estimation techniques2 and 7,c7 includes any other information that the ,secretary determines appropriate4 7#d7 ,metrics update 7,a7 ,in general ,after submitting the final report to the ,comptroller ,general under paragraph 7#a71 the ,secretary may reevaluate and update any of the metrics required under paragraphs 7#b7 through 7#e7 of subsection 7c7 to ensure that such metrics-- 7i7 meet the ,department's performance management needs2 and 7ii7 are suitable to measure the effectiveness of border security4 7,b7 ,congressional notification ,not later than #cj days before updating the metrics under subparagraph 7,a71 the ,secretary shall notify the appropriate congressional committees of such updates4 #cjb4 ,annual homeland security assessment 7a7 ,in general ,title ,,ii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aba et seq47 is amended by adding at the end the following3 #baj;,g4 ,annual homeland security assessment 7a7 ,department annual assessment 7#a7 ,in general ,not later than ,march #ca of each year beginning in the year after the date of enactment of this section1 and each year thereafter for #g years1 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 capability gaps in homeland security defenses to address such threats4 7#b7 ,form of report ,in carrying out paragraph 7#a71 the ,under ,secretary for ,intelligence and ,analysis shall submit an unclassified report1 and as necessary1 a classified annex4 7b7 ,office of inspector general annual assessment ,not later than #ij days after the date on which a report required under subsection 7a7 is submitted to the congressional homeland security committees1 the ,inspector ,general of the ,department shall prepare and submit to the congressional homeland security committees a report1 which shall include an assessment of the capability gaps in homeland security defenses and recommendations for actions to mitigate those gaps4 7c7 ,mitigation plan ,not later than #ij days after the date on which a report required under subsection 7b7 is submitted to the congressional homeland security committees1 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 reports4 4 7b7 ,technical and conforming amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace71 as amended by this ,act1 is amended by inserting after the item relating to section #baj;,f the following3 ,sec4 #baj;,g4 ,annual homeland security assessment4 4 #cjc4 ,department transparency 7a7 ,feasibility study ,the ,administrator of the ,federal ,emergency ,management ,agency shall initiate a study to determine the feasibility of gathering data and providing information to ,congress on the use of ,federal grant awards1 for expenditures of more than #e1jjj1 by entities that receive a ,federal grant award under the ,urban ,area ,security ,initiative and the ,state ,homeland ,security ,grant ,program under sections #bjjc and #bjjd of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjd and #fje71 respectively4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,administrator of the ,federal ,emergency ,management ,agency shall submit to the congressional homeland security committee a report on the results of the study required under subsection 7a74 #cjd4 ,transparency in research and development 7a7 ,in general ,title ,,iii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aha et seq47 is amended by adding at the end the following3 #cai4 ,transparency in research and development 7a7 ,requirement ,to publicly list unclassified research development programs 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary shall maintain a detailed list1 accessible on the website of the ,department1 of-- 7,a7 each research and development project that is not classified1 and all appropriate details for each such project2 7,b7 each task order for a ,federally ,funded ,research and ,development ,center not associated with a research and development project2 and 7,c7 each task order for a ,university-based center of excellence not associated with a research and development project4 7#b7 ,exceptions 7,a7 ,operational security ,the ,secretary1 or a designee of the ,secretary with the rank of ,assistant ,secretary or above1 may exclude a project from the list required under paragraph 7#a7 if the ,secretary or such designee provides to the appropriate congressional committees-- 7i7 the information that would otherwise be required to be publicly posted under paragraph 7#a72 and 7ii7 a written certification that-- 7,i7 the information that would otherwise be required to be publicly posted under paragraph 7#a7 is controlled unclassified information1 the public dissemination of which would jeopardize operational security2 and 7,,ii7 the publicly posted list under paragraph 7#a7 includes as much information about the program as is feasible without jeopardizing operational security4 7,b7 ,completed projects ,paragraph 7#a7 shall not apply to a project completed or otherwise terminated before the date of enactment of this section4 7#c7 ,deadline and updates ,the list required under paragraph 7#a7 shall be-- 7,a7 made publicly accessible on the website of the ,department not later than #a year after the date of enactment of this section2 and 7,b7 updated as frequently as possible1 but not less frequently than once per quarter4 7b7 ,requirement ,to report to congress on classified projects ,not later than ,january #a1 #bjag1 and annually thereafter1 the ,secretary shall submit to the appropriate congressional committees a report that lists each ongoing classified project at the ,department1 including all appropriate details of each such project4 7c7 ,indicators of success of transitioned projects 7#a7 ,in general ,for each project that has been transitioned from research and development to practice1 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-users4 7#b7 ,requirement ,to the fullest extent possible1 the tracking of a project required under paragraph 7#a7 shall continue for the #c-year period beginning on the date on which the project was transitioned from research and development to practice4 7#c7 ,indicators ,the indicators developed and tracked under this subsection shall be included in the list required under subsection 7a74 7d7 ,definitions ,in this section3 7#a7 ,all appropriate details ,the term all appropriate details means-- 7,a7 the name of the project1 including both classified and unclassified names if applicable2 7,b7 the name of the component carrying out the project2 7,c7 an abstract or summary of the project2 7,d7 funding levels for the project2 7,e7 project duration or timeline2 7,f7 the name of each contractor1 grantee1 or cooperative agreement partner involved in the project2 7,g7 expected objectives and milestones for the project2 and 7,h7 to the maximum extent practicable1 relevant literature and patents that are associated with the project4 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,c7 the ,committee on ,oversight and ,government ,reform of ,house of ,representatives4 7#c7 ,classified ,the term classified means anything containing-- 7,a7 classified national security information as defined in section #f4a of ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note7 or any successor order2 7,b7 ,restricted ,data or data that was formerly ,restricted ,data1 as defined in section #aay4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjad7y772 7,c7 material classified at the ,sensitive ,compartmented ,information 7,,sci7 level as defined in section #cji of the ,intelligence ,authorization ,act for ,fiscal ,year #bjja 7#ej ,u4,s4,c4 #ccde72 or 7,d7 information relating to a special access program1 as defined in section #f4a of ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note7 or any successor order4 7#d7 ,controlled unclassified information ,the term controlled unclassified information means information described as ,controlled ,unclassified ,information under ,executive ,order #aceef 7#ej ,u4,s4,c4 #ceja note7 or any successor order4 7#e7 ,project ,the term project means a research or development project1 program1 or activity administered by the ,department1 whether ongoing1 completed1 or otherwise terminated4 4 7b7 ,technical and conforming amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace7 is amended by inserting after the item relating to section #cah the following3 ,sec4 #cai4 ,transparency in research and development4 4 #cje4 ,reporting on ,national ,bio and ,agro-,defense ,facility 7a7 ,in general ,section #caj of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aij7 is amended by adding at the end the following3 7e7 ,successor facility ,the ,national ,bio and ,agro-,defense ,facility1 the planned successor facility to the ,plum ,island ,animal ,disease ,center as of the date of enactment of this subsection1 shall be subject to the requirements under subsections 7b71 7c71 and 7d7 in the same manner and to the same extent as the ,plum ,island ,animal ,disease ,center4 7f7 ,construction of the ,national ,bio and ,agro-,defense ,facility 7#a7 ,report required ,not later than ,september #cj1 #bjaf1 and not less frequently than twice each year thereafter1 the ,secretary of ,homeland ,security and the ,secretary of ,agriculture shall submit to the congressional homeland security committees a report on the ,national ,bio and ,agro-,defense ,facility that includes-- 7,a7 a review of the status of the construction of the ,national ,bio and ,agro-,defense ,facility1 including-- 7i7 current cost and schedule estimates2 7ii7 any revisions to previous estimates described in clause 7i72 and 7iii7 total obligations to date2 7,b7 a description of activities carried out to prepare for the transfer of research to the facility and the activation of that research2 and 7,c7 a description of activities that have occurred to decommission the ,plum ,island ,animal ,disease ,center4 7#b7 ,sunset ,the reporting requirement under paragraph 7#a7 shall terminate on the date that is #a year after the date on which the ,secretary of ,homeland ,security certifies to the congressional homeland security committees that construction of the ,national ,bio and ,agro-,defense ,facility has been completed4 4 7b7 ,review ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall initiate a review of and submit to ,congress a report on the construction and future planning of the ,national ,bio and ,agro-,defense ,facility1 which shall include-- 7#a7 the extent to which cost and schedule estimates for the project conform to capital planning leading practices as determined by the ,comptroller ,general2 7#b7 the extent to which the project's planning1 budgeting1 acquisition1 and proposed management in use conform to capital planning leading practices as determined by the ,comptroller ,general2 and 7#c7 the extent to which disposal of the ,plum ,island ,animal ,disease ,center conforms to capital planning leading practices as determined by the ,comptroller ,general4 #cjf4 ,inspector ,general oversight of suspension and debarment ,not later than #c years after the date of enactment of this ,act1 the ,inspector ,general of the ,department shall-- 7#a7 audit the award of grants and procurement contracts to identify-- 7,a7 instances in which a grant or contract was improperly awarded to a suspended or debarred entity2 and 7,b7 whether corrective actions were taken following such instances to prevent recurrence2 and 7#b7 review the suspension and debarment program throughout the ,department to assess whether-- 7,a7 suspension and debarment criteria are consistently applied throughout the ,department2 and 7,b7 disparities exist in the application of the criteria1 particularly with respect to business size and category4 #cjg4 ,future ,years ,homeland ,security ,program 7a7 ,in general ,section #hgd of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #ded7 is amended-- 7#a7 in the section heading1 by striking year and inserting years2 7#b7 by striking subsection 7a7 and inserting the following3 7a7 ,in general ,not later than #fj days after the date on which the budget of the ,president is submitted to ,congress under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,secretary shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives 7referred to in this section as the appropriate committees7 a ,future ,years ,homeland ,security ,program that covers the fiscal year for which the budget is submitted and the #d succeeding fiscal years4 2 and 7#c7 by striking subsection 7c7 and inserting the following3 7c7 ,projection of acquisition estimates ,on and after ,february #a1 #bjah1 each ,future ,years ,homeland ,security ,program shall project-- 7#a7 acquisition estimates for the fiscal year for which the budget is submitted and the #d succeeding fiscal years1 with specified estimates for each fiscal year1 for all major acquisitions by the ,department and each component of the ,department2 and 7#b7 estimated annual deployment schedules for all physical asset major acquisitions over the #e-;fiscal-year period described in paragraph 7#a7 and the full operating capability for all information technology major acquisitions4 7d7 ,sensitive and classified information ,the ,secretary may include with each ,future ,years ,homeland ,security ,program a classified or other appropriately controlled document containing any information required to be submitted under this section that is restricted from public disclosure in accordance with ,federal law or any ,executive ,order4 7e7 ,availability of information to the public ,the ,secretary shall make available to the public in electronic form the information required to be submitted to the appropriate committees under this section1 other than information described in subsection 7d74 4 7b7 ,technical and conforming amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace71 as amended by this ,act1 is amended by striking the item relating to section #hgd and inserting the following3 ,sec4 #hgd4 ,future ,years ,homeland ,security ,program4 4 7c7 ,effective date ,the amendments made by subsection 7a7 shall apply with respect to each fiscal year beginning after the date of enactment of this ,act4 #cjh4 ,quadrennial homeland security review 7a7 ,in general ,section #gjg of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdg7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#e71 by striking and at the end2 7,b7 in paragraph 7#f71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7#g7 review available capabilities and capacities across the homeland security enterprise and identify redundant1 wasteful1 or unnecessary capabilities and capacities from which resources can be redirected to better support other existing capabilities and capacities4 2 and 7#b7 in subsection 7c7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,not later than #fj days after the date on which the budget of the ,president is submitted to ,congress under section #aaje of title #ca1 ,united ,states ,code1 for the fiscal year after the fiscal year in which a quadrennial homeland security review is conducted under subsection 7a77#a71 the ,secretary shall submit to ,congress a report on the quadrennial homeland security review4 2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,h71 by striking and at the end2 7ii7 by redesignating subparagraph 7,i7 as subparagraph 7,l72 and 7iii7 by inserting after subparagraph 7,h7 the following3 7,i7 a description of how the conclusions under the quadrennial homeland security review will inform efforts to develop capabilities and build capacity of ,states1 local governments1 ,indian tribes1 territories1 and private entities1 and of individuals1 families1 and communities2 7,j7 proposed changes to the authorities1 organization1 governance structure1 or business processes 7including acquisition processes7 of the ,department in order to better fulfil responsibilities of the ,department2 7,k7 if appropriate1 a classified or other appropriately controlled document containing any information required to be submitted under this paragraph that is restricted from public disclosure in accordance with ,federal law1 including information that is not publicly releasable2 and 4 #cji4 ,reporting reduction 7a7 ,office of counternarcotics annual budget review and evaluation of counternarcotics activities report ,section #hgh of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #deh7 is amended by striking subsection 7f74 7b7 ,office of counternarcotics seizure report ,section #gje7;a7 of the ,office of ,national ,drug ,control ,policy ,reauthorization ,act of #aiih 7#ba ,u4,s4,c4 #agjd7;a77 is amended by striking paragraph 7#c74 7c7 ,annual report on activities of the national nuclear detection office ,section #aijb7;a77#ac7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #eib7;a77#ac77 is amended by striking an annual and inserting a biennial4 7d7 ,joint annual interagency review of global nuclear detection architecture ,section #aijg of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #eif;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the subsection heading1 by striking ,annual and inserting ,biennial2 7,b7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking once each year-- and inserting once every other year--2 and 7ii7 in subparagraph 7,c7-- 7,i7 in clause 7i71 by striking the previous year and inserting the previous #b years2 and 7,,ii7 in clause 7iii71 by striking the previous year4 and inserting the previous #b years42 and 7,c7 in paragraph 7#b71 by striking once each year1 and inserting once every other year12 and 7#b7 in subsection 7b7-- 7,a7 in the subsection heading1 by striking ,annual and inserting ,biennial2 7,b7 in paragraph 7#a71 by striking of each year1 and inserting of every other year12 and 7,c7 in paragraph 7#b71 by striking annual and inserting biennial4 #caj4 ,additional definitions ,section #b of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja7 is amended-- 7#a7 by redesignating paragraphs 7#ac7 through 7#ah7 as paragraphs 7#ag7 through 7#bb71 respectively2 7#b7 by redesignating paragraphs 7#i7 through 7#ab7 as paragraphs 7#ab7 through 7#ae71 respectively 7#c7 by redesignating paragraphs 7#d7 through 7#h7 as paragraphs 7#f7 through 7#aj71 respectively2 7#d7 by redesignating paragraphs 7#a71 7#b71 and 7#c7 as paragraphs 7#b71 7#c71 and 7#d71 respectively2 7#e7 by inserting before paragraph 7#a7 the following3 7#a7 ,the term acquisition has the meaning given the term in section #aca of title #da1 ,united ,states ,code4 2 7#f7 in paragraph 7#c71 as so redesignated-- 7,a7 by inserting 7,a7 after 7#c72 and 7,b7 by adding at the end the following3 7,b7 ,the term congressional homeland security committees means-- 7i7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7ii7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7iii7 the ,homeland ,security ,subcommittee of the ,committee on ,appropriations of the ,senate2 and 7iv7 the ,homeland ,security ,subcommittee of the ,committee on ,appropriations of the ,house of ,representatives4 2 7#g7 by inserting after paragraph 7#d71 as so redesignated1 the following3 7#e7 ,the term best practices1 with respect to acquisition1 means a knowledge-based approach to capability development that includes-- 7,a7 identifying and validating needs2 7,b7 assessing alternatives to select the most appropriate solution2 7,c7 clearly establishing well-defined requirements2 7,d7 developing realistic cost assessments and schedules2 7,e7 planning stable funding that matches resources to requirements2 7,f7 demonstrating technology1 design1 and manufacturing maturity2 7,g7 using milestones and exit criteria or specific accomplishments that demonstrate progress2 7,h7 adopting and executing standardized processes with known success across programs2 7,i7 establishing an adequate workforce that is qualified and sufficient to perform necessary functions2 and 7,j7 integrating capabilities into the mission and business operations of the ,department4 2 7#h7 by inserting after paragraph 7#aj71 as so redesignated1 the following3 7#aa7 ,the term homeland security enterprise means all relevant governmental and non-governmental entities involved in homeland security1 including ,federal1 ,state1 local1 tribal1 and territorial government officials1 private sector representatives1 academics1 and other policy experts4 2 and 7#i7 by inserting after paragraph 7#ae71 as so redesignated1 the following3 7#af7 ,the term management integration and transformation-- 7,a7 means the development of consistent and consolidated functions for information technology1 financial management1 acquisition management1 logistics and material resource management1 asset security1 and human capital management2 and 7,b7 includes governing processes and procedures1 management systems1 personnel activities1 budget and resource planning1 training1 real estate management1 and provision of security1 as they relate to functions cited in subparagraph 7,a74 4