US Congress House Bill 2825 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 12-0)
Status: Engrossed on July 20 2017 - 50% progression, died in chamber
Action: 2018-11-13 - By Senator Johnson from Committee on Homeland Security and Governmental Affairs filed written report. Report No. 115-351.
Text: Latest bill text (Introduced) [PDF]

DHS Authorization Act Department of Homeland Security Authorization Act DIVISION A--HOMELAND SECURITY TITLE I--DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS Department of Homeland Security Authorization Act for Fiscal Years 2018 and 2019 Subtitle A--Headquarters Operations (Sec. 1101) This bill amends the Homeland Security Act of 2002 (HSA) to define "homeland security enterprise" as any relevant governmental or nongovernmental entity involved in homeland security, including a federal, state, or local government official, private sector representative, academic, or other policy expert. (Sec. 1102) The Department of Homeland Security (DHS) shall coordinate through the Office of Partnership and Engagement (established by this bill) with specified entities, including by entering into agreements with governments of other countries and international nongovernmental organizations to achieve DHS missions. The bill establishes in DHS a Headquarters, which shall include: the Office of the Secretary; the Office of the Deputy Secretary; the Executive Secretary; the Management Directorate, including the Office of the Chief Financial Officer; the Office of Strategy, Policy, and Plans; the Office of the General Counsel; the Office of the Chief Privacy Officer; the Office for Civil Rights and Civil Liberties; the Office of Operations Coordination; the Office of Intelligence and Analysis; the Office of Legislative Affairs; the Office of Public Affairs; the Office of the Inspector General; the Office of the Citizenship and Immigration Services Ombudsman; and the Office of Partnership and Engagement. DHS, acting through its appropriate Headquarters' official, shall: establish an overall strategy to successfully further its mission; establish initiatives that improve DHS-wide operational performance; establish mechanisms to ensure that DHS components comply with department policies and fully implement DHS strategies and initiatives; establish annual operational and management objectives to evaluate the performance of DHS; ensure that DHS successfully meets operational and management performance objectives by conducting oversight of component agencies; ensure that the strategies, priorities, investments, and workforce of DHS components align with DHS objectives; establish and implement policies related to DHS ethics and compliance standards; establish and implement policies which preserve individual liberty, fairness, and equality under the law; manage and encourage shared services across DHS components; and lead and coordinate interaction with Congress and other external organizations. (Sec. 1103) The position of Director of Shared Services of DHS and the Office of Counternarcotics Enforcement are abolished. (Sec. 1104) DHS shall appoint a Chief Privacy Officer, whose duties shall include developing guidance to assist DHS components in developing privacy policies and practices and serving as the Chief Freedom of Information Officer of DHS to manage and process requests under the Freedom of Information Act (FOIA) and develop guidance on procedures for meeting FOIA requests. (Sec. 1105) The Chief Financial Officer of DHS shall: oversee DHS budget formulation and execution; lead and provide guidance on performance-based budgeting practices for DHS; lead cost-estimating practices for DHS, including the development of policies on cost estimating and approval of life cycle cost estimates; coordinate with the Office of Strategy, Policy, and Plans to ensure that the development of the budget for DHS is compatible with its long-term strategic plans, priorities, and policies; develop financial management policy for DHS and oversee the implementation of such policy; provide guidance for and over financial system modernization efforts throughout DHS; lead the efforts of DHS related to financial oversight, including identifying ways to streamline and standardize business processes; oversee the costs of acquisition programs and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable, or can be adequately funded, over the life cycle of such programs and activities; fully implement a common accounting structure for all DHS offices and components by FY2020; and track, approve, oversee, and make public information on expenditures by DHS components for conferences. (Sec. 1106) The Chief Information Officer of DHS shall serve as the lead technical authority for information technology programs of DHS and its components. In coordination with the Chief Financial Officer, the Chief Information Officer shall develop an information technology strategic plan every five years and report to Congress on the extent to which: the DHS budget aligns with priorities specified in the information technology strategic plan, the information technology strategic plan informs the DHS budget process, information technology priorities were or were not funded and the reasons for not funding all priorities in a given fiscal year, DHS has identified and addressed skills gaps needed to implement the information technology strategic plan, and unnecessary duplicate information technology has been eliminated. Not later than 180 days after this bill's enactment and every two years thereafter until 2022, the Chief Information Officer shall: conduct a DHS-wide inventory of all existing software licenses, including utilized and unutilized licenses; assess the needs of DHS and its components for software licenses for the subsequent two fiscal years; examine how DHS can achieve the greatest possible economies of scale and cost savings in the procurement of software licenses; determine how the use of shared cloud-computing services will impact the needs for software licenses for the subsequent two fiscal years; establish plans and estimated costs for eliminating unutilized software licenses for the subsequent two fiscal years; and submit a copy of each inventory conducted to Congress. If the Chief Information Officer determines through the inventory that the number of software licenses held by DHS and its components exceed the needs of the department, DHS shall establish a plan for reducing the number of such software licenses to meet its needs. No additional resources may be obligated for the procurement of new software licenses for DHS until such time as its need exceeds the number of its used and unused licenses. The Chief Information Officer may, however, authorize the purchase of additional licenses and amend the number of needed licenses as necessary. Not later than FY2019, the Government Accountability Office (GAO) shall review the extent to which the DHS Chief Information Officer has fulfilled all requirements relating to information technology and licenses. Not later than one year after this bill's enactment, the Chief Information Officer shall complete the first required information technology strategic plan. (Sec. 1107) In each quadrennial homeland security review conducted after December 31, 2017, DHS shall collaborate with the Homeland Security Advisory Committee in conducting a review and use a risk assessment when evaluating threats to the homeland. DHS must report to Congress on such review and retain pertinent documentation regarding such review, including: (1) records regarding consultation with specified agencies, officials, representatives from advisory committees, and other relevant entities; and (2) information regarding the required risk assessment. Not later than 90 days after the submission of each report, DHS shall provide to the congressional homeland security committees information on the degree to which the findings and recommendations developed in the quadrennial homeland security review covered by the report were integrated into the acquisition strategy and expenditure plans for DHS. (Sec. 1108) The Office of Strategy, Policy, and Plans shall include: the Office of International Affairs; the Office of Cyber, Infrastructure, and Resilience Policy; the Office of Strategy, Planning, Analysis, and Risk; the Office of Threat Prevention and Security Policy; and the Office of Border, Immigration, and Trade Policy. The Office of International Affairs shall be led by an Assistant Secretary for International Affairs appointed by the DHS Secretary. The Assistant Secretary shall have specified duties, including coordinating international activities within DHS and providing guidance on the deployment of assets, including personnel, outside the United States and the training of such personnel. The Office of International Affairs within the Office of the Secretary of Homeland Security is abolished. The bill establishes a Homeland Security Advisory Council to provide advice and recommendations on homeland security-related matters, including advice with respect to the preparation of the Quadrennial Homeland Security Review. DHS must review its components that are responsible for international affairs to identify and eliminate areas of unnecessary duplication and submit to the congressional homeland security committees an action plan to address areas of duplication and opportunities for cost savings and revenue enhancement. (Sec. 1109) The bill establishes in DHS an Office of External Affairs, headed by a Principal Assistant Secretary for External Affairs. The office shall include the following components: the Office of Legislative Affairs, the Office of Public Affairs, and the Office of Partnership and Engagement. The Assistant Secretary for Partnership and Engagement shall be appointed by the DHS Secretary and shall: lead DHS efforts to incorporate external feedback from stakeholders into policy and strategic planning efforts in consultation with the Office for Civil Rights and Civil Liberties; conduct certain terrorism prevention activities; advise the Secretary on the effects of the policies, regulations, processes, and actions of DHS on the private sector and create and foster strategic communications with the private sector to enhance the primary DHS mission to protect the homeland; coordinate DHS activities relating to state and local governments; and provide state and local governments with regular information, research, and technical support to assist local efforts to secure the homeland. The functions authorized to be performed by the Office for State and Local Law Enforcement of DHS are transferred to the Office of Partnership and Engagement. The Office for State and Local Government Coordination of DHS is abolished. Its functions are transferred to the Office of Partnership and Engagement. The position of Special Assistant to the Secretary is abolished. The functions of the Special Assistant are transferred to the Office of Partnership and Engagement. (Sec. 1110) The bill establishes in DHS a Chief Procurement Officer who shall serve as a senior business advisor to DHS officials on procurement-related matters and report directly to the Under Secretary for Management. The Chief Procurement Officer's duties shall include issuing procurement policies and ensuring compliance with those policies. (Sec. 1111) The bill establishes in DHS a Chief Security Officer, who shall report directly to the Under Secretary for Management. The Chief Security Officer shall: develop and implement the security policies, programs, and standards of DHS; identify training and provide education to DHS personnel on security-related matters; and provide support to DHS components on security-related matters. (Sec. 1112) The heads of offices and components of DHS must promptly advise the DHS Inspector General of all allegations of misconduct with respect to which the Inspector General has investigative authority under the Inspector General Act of 1978. (Sec. 1113) The bill establishes in DHS an Office for Civil Rights and Civil Liberties. Under the direction of the Officer for Civil Rights and Civil Liberties, the office shall support the officer in: integrating civil rights and civil liberties into DHS activities; investigating complaints and information indicating possible abuses of civil rights or civil liberties, unless the DHS Inspector General determines that any such complaint or information should be investigated by the Inspector General; carrying out DHS's equal employment opportunity and diversity policies and programs, including complaint management and adjudication; and communicating with individuals and communities whose civil rights and civil liberties may be affected by DHS activities. (Sec. 1114) The Homeland Security Rotation Program is modified to: (1) foster greater departmental integration and unity of effort; (2) help enhance the knowledge, skills, and abilities of participating personnel with respect to DHS programs, policies, and activities; and (3) improve morale and retention throughout DHS. DHS must disseminate information about the availability of the program and provide criteria for the selection, retention, and performance evaluations of employees participating in the program. DHS shall establish an Intelligence Rotational Assignment Program as part of the program. The Chief Human Capital Officer, in conjunction with the Chief Intelligence Officer, shall administer the Intelligence Rotational Assignment Program. The Intelligence Rotational Assignment Program shall be open to employees serving in existing analyst positions within DHS's Intelligence Enterprise and other appropriate DHS employees. DHS shall provide to Congress information on status of the program within 120 days after the enactment of this bill. (Sec. 1115) This section requires, not later than 60 days after the submission of the President's budget, DHS to submit to the congressional homeland security committees a Future Years Homeland Security Program that covers the fiscal year for which the budget is submitted and the four succeeding fiscal years. On and after February 1, 2018, each Future Years Homeland Security Program shall project acquisition estimates for the fiscal year for which the budget is submitted and the four succeeding fiscal years and estimated annual deployment schedules for all physical asset major acquisitions. (Sec. 1116) Not later than 270 days after the enactment of this bill, DHS shall submit to Congress a field efficiencies plan that: (1) examines the facilities and administrative and logistics functions of DHS components located within designated geographic areas, and (2) provides specific recommendations and an associated cost-benefit analysis for the consolidation of the facilities and administrative and logistics functions of DHS components within each such area. The field efficiencies plan shall include an accounting of DHS leases, an evaluation of specific DHS facilities that may be closed or consolidated, and implementation plan, and an accounting of any consolidation of the real estate footprint of DHS. (Sec. 1117) For each fiscal year until FY2023, DHS shall provide to Congress, together with its annual budget request, information on: (1) any circumstance during the year covered by the report in which DHS exercised the authority to reprogram or transfer funds to address unforeseen costs, including costs associated with operational surges; and (2) any circumstance in which any limitation on the transfer or reprogramming of funds affected the ability of DHS to address such unforeseen costs. (Sec. 1118) DHS must submit a report to the congressional homeland security committees that includes: a detailed accounting of the management and administrative expenditures and activities of each DHS component that identifies potential cost savings, avoidances, and efficiencies for those expenditures and activities; an examination of major physical assets of DHS; a review of the size, experience level, and geographic distribution of the operational personnel of DHS; and recommendations for adjustments in the management and administration of DHS that would reduce deficiencies in DHS capabilities, reduce costs, and enhance efficiencies. (Sec. 1119) DHS must assess the organization and management of its research and development activities and develop and submit to Congress within six months of enactment of this bill a proposed organizational structure for the efficient and effective management of such activities. DHS shall: (1) assess the organization and management of its chemical, biological, radiological, nuclear, and explosives activities, including the activities of the Office of Health Affairs, the Domestic Nuclear Detection Office, and the Office for Bombing Prevention; and (2) by six months after this bill's enactment, develop and submit a proposed organizational structure to ensure enhanced coordination, effectiveness, and efficiency by providing strengthened chemical, biological, radiological, nuclear, and explosives capabilities in support of homeland security. The GAO must submit a review of the organizational justifications. (Sec. 1120) The Under Secretary for Strategy, Policy, and Plans must include feedback from organizations representing the needs of children when reviewing and incorporating external stakeholder feedback into DHS policy. Subtitle B--Human Resources and Other Matters (Sec. 1131) This section sets forth additional duties of the DHS Chief Human Capital Officer, including maintaining an catalogue of available employee development opportunities and ensuring that employee discipline and adverse action programs comply with applicable law and due process requirements. (Sec. 1132) DHS shall establish an employee engagement steering committee to address issues relating to employee engagement, morale, and communications. The Chief Human Capital Officer shall issue a DHS-wide employee engagement action plan and submit such plan to the congressional homeland security committees. (Sec. 1133) DHS may establish an annual employee award program to recognize DHS employees for significant contributions to the achievement of DHS goals and missions. (Sec. 1134) The GAO must utilize DHS reports to investigate whether the application of discipline and adverse actions by DHS is administered in an equitable and consistent manner. After such investigation, the DHS Under Secretary for Management shall implement a plan to correct any relevant deficiencies identified by the GAO. (Sec. 1135) DHS must provide guidance to its components and offices on the implementation of executive orders affecting DHS operations. (Sec. 1136) DHS must continue to prioritize providing assistance, on a voluntary basis, to state and local election officials to protect election infrastructure. TITLE II--DEPARTMENT OF HOMELAND SECURITY ACQUISITION ACCOUNTABILITY AND EFFICIENCY Subtitle A--Acquisition Authorities (Sec. 1211) The Under Secretary for Management of DHS shall be responsible for acquisition management and shall have the following functions and responsibilities: advising the Secretary on acquisition management activities; leading the acquisition oversight body of DHS, the Acquisition Review Board, and exercising the acquisition decision authority to approve, pause, modify (including the rescission of approvals of program milestones), or cancel major acquisition programs, unless the Under Secretary delegates such authority to a Component Acquisition Executive; establishing policies for acquisition that implement an approach that takes into account risks of failure to achieve cost, schedule, or performance parameters; ensuring that each major acquisition program has a DHS-approved acquisition program baseline; ensuring that the heads of components and component acquisition executives comply with federal law, the Federal Acquisition Regulation, and DHS acquisition management directives; providing additional scrutiny and oversight for an acquisition that is not a major acquisition; ensuring that grants and financial assistance are provided only to individuals and organizations that are not suspended or debarred; distributing guidance throughout DHS to ensure that contractors involved in acquisitions, particularly contractors that access its information systems and technologies, adhere to relevant DHS policies related to physical and information security; overseeing the Component Acquisition Executive organizational structure to ensure component acquisition executives have sufficient capabilities and comply with DHS acquisition policies; and ensuring acquisition decision memoranda adequately document decisions. The Under Secretary may delegate acquisition decision authority for acquisition programs with a specified life cycle cost estimate. The Under Secretary and the Under Secretary for Science and Technology shall cooperate in matters related to the coordination of acquisitions across DHS so that investments of the Directorate of Science and Technology are able to support current and future requirements of DHS components. The bill sets forth the duties of the Under Secretary for Science and Technology with respect to major acquisition programs. (Sec. 1212) The Office of Program Analysis and Evaluation shall oversee the costs of acquisition programs and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable, or can be adequately funded, over the life cycle of such programs and activities. (Sec. 1213) This section sets forth additional acquisition responsibilities of the DHS Chief Information Officer. (Sec. 1214) This section establishes the Program Accountability and Risk Management Office in the DHS Management Directorate. The purpose of the office is to: (1) provide consistent accountability, standardization, and transparency of major acquisition programs of DHS; and (2) serve as the central oversight function for all DHS acquisition programs. The office shall be led by an Executive Director, who shall report directly to the Under Secretary for Management, and shall monitor the performance of DHS acquisition programs. Each head of a DHS component shall comply with federal law, the Federal Acquisition Regulation, and DHS acquisition management directives established by the Under Secretary. For each major acquisition program, component heads shall: define baseline requirements and document changes to such requirements; establish a complete life cycle cost estimate; verify each life cycle cost estimate against independent cost estimates, and reconcile any differences; complete a cost-benefit analysis with supporting documentation; develop and maintain a schedule that is consistent with scheduling best practices; and ensure that all acquisition program information is complete, accurate, timely, and valid. For each major acquisition program, the Executive Director responsible for the preparation of the Comprehensive Acquisition Status Report shall require certain acquisition documentation to be submitted by DHS components or offices. DHS may waive such requirement under certain conditions. (Sec. 1215) The Under Secretary for Management may: designate an individual within DHS to manage acquisition innovation efforts; test emerging acquisition best practices to carrying out acquisitions, consistent with the Federal Acquisition Regulation and DHS acquisition management directives; develop and distribute best practices and lessons learned regarding acquisition innovation; establish metrics to measure the effectiveness of acquisition innovation efforts; and determine impacts of acquisition innovation efforts on the private sector. By 90 days after DHS submits its annual budget justification for each of FY2019-FY2023, it shall provide information to the congressional homeland security committees on: emerging acquisition best practices; efforts to distribute best practices and lessons; utilization by components throughout DHS of best practices distributed by the Under Secretary of Management; performance as measured by the metrics established; outcomes of efforts to distribute best practices and lessons learned within DHS; any impacts of the utilization of innovative acquisition mechanisms by DHS on the private sector, including small businesses;

DHS Authorization Act Department of Homeland Security Authorization Act

Rep. Michael McCaul [R-TX]	Rep. Clay Higgins [R-LA]	Rep. Brian Fitzpatrick [R-PA]	Sen. Martha McSally [R-AZ]
Rep. Peter King [R-NY]	Rep. Mike Gallagher [R-WI]	Rep. Thomas Garrett [R-VA]	Rep. Scott Perry [R-PA]
Rep. Daniel Donovan [R-NY]	Rep. John Rutherford [R-FL]	Rep. John Ratcliffe [R-TX]	Rep. John Katko [R-NY]

2017-07-20 - House - On motion to suspend the rules and pass the bill, as amended RC# 403 (Y: 386 N: 41 NV: 6 Abs: 0) [PASS]

Date	Chamber	Action
2018-11-13	Senate	By Senator Johnson from Committee on Homeland Security and Governmental Affairs filed written report. Report No. 115-351.
2018-04-16	Senate	Placed on Senate Legislative Calendar under General Orders. Calendar No. 381.
2018-04-16	Senate	Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. Without written report.
2018-03-07	Senate	Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
2018-02-07	Senate	Committee on Homeland Security and Governmental Affairs. Hearings held.
2017-07-20	Senate	Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
2017-07-20	House	Motion to reconsider laid on the table Agreed to without objection.
2017-07-20	House	On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 386 - 41 (Roll no. 403). (text: CR H6047-6109)
2017-07-20	House	Considered as unfinished business. (consideration: CR H6128)
2017-07-20	House	At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
2017-07-20	House	DEBATE - The House proceeded with forty minutes of debate on H.R. 2825.
2017-07-20	House	Considered under suspension of the rules. (consideration: CR H6047-6120)
2017-07-20	House	Mr. McCaul moved to suspend the rules and pass the bill, as amended.
2017-06-28	House	Placed on the Union Calendar, Calendar No. 135.
2017-06-28	House	Reported (Amended) by the Committee on Homeland Security. H. Rept. 115-198.
2017-06-14	House	Ordered to be Reported (Amended).
2017-06-14	House	Committee Consideration and Mark-up Session Held.
2017-06-08	House	Referred to the House Committee on Homeland Security.
2017-06-08	House	Introduced in House

HB2427 (Related) 2017-09-13 - Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
HB2442 (Related) 2017-09-13 - Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
HB2453 (Related) 2017-09-13 - Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
HB1249 (Related) 2017-03-21 - Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
HB1252 (Related) 2017-03-21 - Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
HB1282 (Related) 2017-06-22 - Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
HB1294 (Related) 2017-03-21 - Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
HB1297 (Related) 2017-03-22 - Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
SB886 (Related) 2017-11-13 - Held at the desk.
SB887 (Related) 2017-04-06 - Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (Sponsor introductory remarks on measure: CR S2428-2430; text of measure as introduced: CR S2428-2430)
SB902 (Related) 2017-04-07 - Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
SB906 (Related) 2017-11-13 - Held at the desk.
HB2132 (Related) 2017-06-21 - Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
HB2188 (Related) 2017-06-15 - Placed on the Union Calendar, Calendar No. 122.
SB1847 (Related) 2018-01-30 - Placed on Senate Legislative Calendar under General Orders. Calendar No. 296.
HB2922 (Related) 2017-06-28 - Referred to the Subcommittee on Emergency Preparedness, Response and Communications.
HB2605 (Related) 2017-05-24 - Ordered to be Reported (Amended) by Voice Vote.
HB2548 (Related) 2017-06-23 - Placed on the Union Calendar, Calendar No. 130.
SB2262 (Related) 2017-12-21 - Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
HB2470 (Related) 2017-09-13 - Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
HB6198 (Related) 2018-09-17 - Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
HB3359 (Related) 2018-11-16 - Became Public Law No: 115-278.
HB6330 (Related) 2018-12-17 - Became Public Law No: 115-324.

Type	Source
Summary	https://www.congress.gov/bill/115th-congress/house-bill/2825/all-info
Text	https://www.congress.gov/115/bills/hr2825/BILLS-115hr2825ih.pdf
Text	https://www.congress.gov/115/bills/hr2825/BILLS-115hr2825rh.pdf
Text	https://www.congress.gov/115/bills/hr2825/BILLS-115hr2825eh.pdf
Text	https://www.congress.gov/115/bills/hr2825/BILLS-115hr2825rs.pdf
Roll Call	https://clerk.house.gov/Votes/2017403