S-2976 : Still Just a Bill

DHS Accountability Act of 2016

TITLE I--DEPARTMENT MANAGEMENT AND COORDINATION

This bill amends the Homeland Security Act of 2002 to make the Department of Homeland Security's (DHS's) Under Secretary for Management: (1) the first assistant to the Deputy Secretary of Homeland Security; and (2) the acting DHS Secretary if by reason of absence, disability, or vacancy in office, neither the DHS Secretary nor Deputy Secretary is available to exercise the Secretary's duties.

The President must appoint a DHS Under Secretary for Strategy, Policy, and Plans to head an office that coordinates DHS-wide strategic planning, leadership councils, and international engagement.

The Under Secretary for Management's responsibilities for management integration and transformation are expanded to include each DHS functional management discipline within the development of: (1) centralized data sources and connectivity of information systems, (2) standardized and automated management information, and (3) program management and regular oversight mechanisms.

The DHS succession plan for new presidential administrations must be made available to Congress.

DHS must report to the Government Accountability Office (GAO) every six months on progress in implementing corrective action plans to address the designation of DHS management functions on the GAO's biannual high-risk list, until the GAO notifies Congress of the removal of the high-risk designation.

DHS must notify Congress and the DHS inspector general if DHS waives the prohibition against engaging in business with a contractor or other recipient of funds that is listed as suspended or debarred from receiving federal assistance in the System for Award Management maintained by the General Services Administration.

DHS may: (1) establish leadership councils to ensure coordination among DHS leadership, and (2) direct development of joint operational plans.

A Joint Requirements Council is established to: (1) identify capabilities of multiple DHS components or task forces that DHS systems or services must possess to satisfy contractual or other formally imposed requirements; and (2) ensure efficiencies among life-cycle schedules, performance objectives, and procurement quantities.

DHS may establish joint task forces to coordinate with foreign governments and other federal, state, or local agencies to maintain situational awareness of: (1) unlawful cross-border trafficking and crossings, and (2) operational capabilities for continuous and integrated surveillance of U.S. borders.

DHS must establish a joint duty training program to coordinate workforce professional development.

The National Operations Center's current role in providing situational awareness to federal, state, and local governments about events of terrorism and other natural or man-made disasters is expanded to include threats and incidents of such events. The center must also: (1) provide information to the private sector and international partners, (2) enter information sharing agreements with other federal operations centers and homeland security partners, and (3) include a representative of state and local emergency responders as a replacement for its fire service official.

DHS must establish a Homeland Security Advisory Council.

An Office for Partnerships Against Violent Extremism is established to lead DHS efforts to counter violent extremism by: (1) partnering with communities to address vulnerabilities that can be exploited by violent extremists; (2) working with civil society groups to counter propaganda or recruitment; (3) developing a digital engagement strategy that utilizes Internet and social media platforms; (4) entering cooperative agreements state, local, tribal, and federal agencies and disseminating information to nongovernmental partners; (5) coordinating with the Department of State on international violent extremism; and (6) coordinating with the Federal Emergency Management Agency (FEMA) on guidance for the use of terrorism protection grants to state, local, and tribal governments to counter violent extremism.

DHS must submit a DHS strategy to counter violent extremism in the United States. In developing the strategy, DHS must consider efforts to: (1) increase support for programs and initiatives of other federal, state, local, tribal, territorial, nongovernmental, and foreign partners; and (2) disseminate resources and training guidance to local law enforcement agencies and the general public.

TITLE II--DEPARTMENT ACCOUNTABILITY, EFFICIENCY, AND WORKFORCE REFORMS

DHS must review its international affairs offices to eliminate unnecessary duplication.

DHS must submit an information technology strategic plan to: (1) align budget priorities and eliminate unnecessary technology, (2) list projects and completion dates, (3) identify high risk projects and cybersecurity risks, and (4) maximize the use and purchase of commercial off-the-shelf products.

DHS must conduct an inventory of software licenses to bring the number of licenses into balance with DHS's needs.

Each DHS component must develop a five-year workforce strategy for DHS to determine its proper balance of federal employees and private labor resources.

If the DHS Secretary, an administrative law judge, the Merit Systems Protections Board, the Office of Special Counsel, an adjudicating body under a union contract, a federal judge, or the DHS inspector general determines that a DHS supervisor committed certain prohibited personnel actions against a DHS employee whistleblower, DHS shall propose a minimum 12-day suspension for a first violation or removal for a second violation. DHS must carry out the suspension or removal if, after providing the supervisor an opportunity to answer and furnish evidence, DHS determines that the supervisor's evidence is insufficient to reverse the proposed suspension or removal.

DHS must provide: (1) training to DHS supervisors regarding how to respond to complaints alleging a violation of whistleblower protections, and (2) inform DHS employees of their whistleblower rights and the procedures for lawful disclosures.

DHS must recommend adjustments in DHS management and administration that would reduce deficiencies, reduce costs, and enhance efficiencies.

The bill abolishes the position of Director of Shared Services and the Office of the Director of Counternarcotics Enforcement.

TITLE III--DEPARTMENT TRANSPARENCY AND ASSESSMENTS

DHS's immigration functions report must address: (1) the number of persons known to have overstayed the terms of their visa, by visa type; (2) the estimated percentage of persons believed to have overstayed their visa; and (3) immigration enforcement actions.

DHS must develop and annually implement metrics to measure the effectiveness of: (1) security between ports of entry; (2) security at ports of entry; (3) security in the maritime environment; and (4) aviation assets and operations of the Office of Air and Marine of U.S. Customs and Border Protection, including in detecting and apprehending subjects and in seizing illicit drugs. Such metrics shall be informed by situational awareness, which is defined as knowledge and unified understanding of current unlawful cross-border activity.

DHS shall: (1) make data related to apprehensions, inadmissible aliens, drug seizures, and other enforcement actions available to the public, academic research, and law enforcement communities in accordance with applicable privacy laws; and (2) provide DHS's Office of Immigration Statistics with unfettered access to the data.

DHS must submit annually through FY2025 a "State of the Border" report that includes: (1) metric trends for the last 10 years, and (2) analysis of illegal flow rates.

DHS must submit annual mitigation plans in response to reports by the Under Secretary for Intelligence and Analysis, and recommendations of the DHS inspector general, regarding current threats to homeland security and capability gaps in homeland security defenses.

FEMA must report on the feasibility of gathering data and providing information to Congress on the use of federal grant awards, for expenditures of more than $5,000, by state, local, and tribal governments and high-risk urban areas that receive federal grants to protect against terrorism under the Urban Area Security Initiative and the State Homeland Security Grant Program.

DHS must post on its public website a list of each: (1) research and development (R&D) project that is not classified, and (2) task order for a Federally Funded Research and Development Center or a university-based center of excellence not associated with an R&D project. DHS may exclude from the publicly posted list, but must provide to Congress, any controlled unclassified information regarding projects or task orders that would jeopardize operational security. For each R&D project that has transitioned to practice, the Under Secretary of Science and Technology must develop and track indicators to demonstrate the uptake of the technology among customers or end-users.

DHS and the Department of Agriculture must report on the status of construction of the National Bio and Agro-Defense Facility.

DHS's Future Years Homeland Security Program submitted after the President's annual budget submission must project: (1) acquisition estimates for the fiscal year for which the budget is submitted and the four succeeding fiscal years for all major DHS acquisitions; and (2) estimated annual deployment schedules for all physical asset major acquisitions over that five-fiscal-year period and the full operating capability for all information technology major acquisitions.

The bill also revises or repeals various reporting requirements.