[House Report 114-662]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-662
======================================================================
QUADRENNIAL HOMELAND SECURITY REVIEW TECHNICAL CORRECTION ACT OF 2016
_______
July 5, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 5385]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 5385) to amend the Homeland Security Act of 2002
to make technical corrections to the requirement that the
Secretary of Homeland Security submit quadrennial homeland
security reviews, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 6
Duplicative Federal Programs..................................... 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
Disclosure of Directed Rule Makings.............................. 6
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quadrennial Homeland Security Review
Technical Correction Act of 2016''.
SEC. 2. TECHNICAL CORRECTIONS TO QUADRENNIAL HOMELAND SECURITY REVIEW.
(a) In General.--Section 707 of the Homeland Security Act of 2002 (6
U.S.C. 347) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and'';
(B) by redesignating subparagraph (C) as subparagraph
(D); and
(C) by inserting after subparagraph (B) the following
new subparagraph (C):
``(C) representatives from appropriate advisory
committees established pursuant to section 871 of this
Act, including the Homeland Security Advisory Council
and the Homeland Security Science and Technology
Advisory Committee, or otherwise established, including
the Aviation Security Advisory Committee established
pursuant to section 44946 of title 49, United States
Code; and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting before the
semicolon at the end the following: ``based on the risk
assessment required pursuant to subsection (c)(2)(B)'';
(B) in paragraph (3)--
(i) by inserting ``, to the extent
practicable,'' after ``describe''; and
(ii) by striking ``budget plan'' and
inserting ``resources required'';
(C) in paragraph (4)--
(i) by inserting ``, to the extent
practicable,'' after ``identify'';
(ii) by striking ``budget plan required to
provide sufficient resources to successfully''
and inserting ``resources required to''; and
(iii) by striking the semicolan after
``paragraph (2)'' and inserting ``, including
any resources identified from redundant,
wasteful, or unnecessary capabilities and
capacities that can be redirected to better
support other existing capabilities and
capacities; and'';
(D) in paragraph (5), by striking ``; and'' and
inserting a period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``December 31 of the year''
and inserting ``60 days after the date of the
submittal of the President's budget for the
fiscal year after the fiscal year''; and
(ii) by striking ``conducted'' and inserting
``required under subsection (a)(1)'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``description of the threats to'' and inserting
``risk assessment of'';
(ii) in subparagraph (C), by inserting ``, as
required under subsection (b)(2)'' before the
semicolon at the end;
(iii) in subparagraph (D), by inserting ``to
the extent practicable,'' before ``a
description'';
(iv) in subparagraph (F)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
and
(II) by striking ``the status of'';
(v) in subparagraph (G)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
(II) by striking ``the status of'';
(III) by inserting ``and risks''
before ``to national homeland''; and
(IV) by inserting ``and'' after the
semicolon;
(vi) by striking subparagraph (H); and
(vii) by redesignating subparagraph (I) as
subparagraph (H);
(C) by redesignating paragraph (3) as paragraph (4);
and
(D) by inserting after paragraph (2) the following
new paragraph (3):
``(3) Documentation.--The Secretary shall retain and, upon
request, provide to Congress the following documentation
regarding the quadrennial homeland security review:
``(A) Records regarding the consultation carried out
the pursuant to subsection (a)(3), including--
``(i) all written communications, including
communications sent out by the Secretary and
feedback submitted to the Secretary through
technology, online communications tools, in-
person discussions, and the interagency
process; and
``(ii) information on how feedback received
by the Secretary informed the quadrennial
homeland security review.
``(B) Information regarding the risk assessment, as
required under subsection (c)(2)(B), including--
``(i) the risk model utilized to generate the
risk assessment;
``(ii) information, including data used in
the risk model, utilized to generate the risk
assessment;
``(iii) sources of information, including
other risk assessments, utilized to generate
the risk assessment; and
``(iv) information on assumptions, weighing
factors, and subjective judgments utilized to
generate the risk assessment, together with
information on the rationale or basis
thereof.''; and
(4) by adding at the end the following new subsection:
``(e) Review.--Not later than 90 days after the submission of the
report pursuant to subsection (c)(1), the Secretary shall provide to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate information on the degree to which the findings and
recommendations developed in the review were integrated into the
acquisition strategy and expenditure plans for the Department.''.
(b) Effective Date.--The amendments made by this Act shall apply with
respect to a quadrennial homeland security review required to be
submitted after December 31, 2017.
Purpose and Summary
H.R. 5385, the Quadrennial Homeland Security Review
Technical Correction Act of 2016, amends the Homeland Security
Act of 2002, revises the requirements for the Quadrennial
Homeland Security Review (QHSR) to improve the quality and
timeliness of the review that the Department of Homeland
Security carries out. Namely, this legislation requires the
Department of Homeland Security (``DHS'' or ``the Department'')
to conduct a risk assessment to inform the QHSR, to complete
more robust stakeholder engagement, and to maintain all
documentation regarding the QHSR, including, but not limited
to, all written communications sent out by the Secretary and
feedback submitted to the Secretary, information on how
feedback received by the Secretary informed the QHSR, and
information regarding the risk assessment. Maintaining such
documentation should allow Congress to conduct more effective
oversight of DHS's decision-making process regarding the QHSR.
Background and Need for Legislation
The Department of Homeland Security is required, through
the Implementing Recommendations of the 9/11 Commission Act of
2007 (Pub. L. 110-53), to conduct a QHSR every four years.
Modeled after the Quadrennial Defense Review, the QHSR outlines
the Department's vision and strategy to effectively implement
its mission. As stated in the first QHSR released in February
2010, ``the purpose of the first-ever Quadrennial Homeland
Security Review is to outline the strategic framework to guide
the activities of participants in homeland security toward a
common end. A safe and secure homeland must mean more than
preventing terrorist attacks from being carried out. It must
also ensure that the liberties of all Americans are assured,
privacy is protected, and the means by which we interchange
with the world--through travel, lawful immigration, trade,
commerce, and exchange--are secured.'' The first QHSR
identified five homeland security missions--preventing
terrorism and enhancing security; securing and managing our
borders; enforcing and administering our immigration laws;
safeguarding and securing cyberspace; and ensuring resilience
to disasters--as well as goals and objectives to be achieved
within each mission area. The Government Accountability Office
(GAO) completed an extensive review of the first QHSR and
concluded that of the nine 9/11 Commission Act reporting
elements to the QHSR, DHS addressed three in full and addressed
the remaining six elements only partially, including the
requirement that it include budget planning descriptions. GAO
recommended that for future reviews, DHS provide more time for
stakeholder consultations, explore options for consulting with
nonfederal stakeholders, and examine how risk information could
be considered in prioritizing QHSR initiatives.
DHS issued its second QHSR in 2014. In April 2016, GAO
released its review of the second QHSR and reported that,
despite some progress in addressing weaknesses in the first
review, there were several areas for improvement for future
reviews.\1\ Specifically, GAO found that DHS did not document
how its various analyses were synthesized to generate results
reflected in the second QHSR; DHS' failure to do so limited the
reproducibility and defensibility of the results. In addition,
GAO found that while the Department expanded on stakeholder
interaction with the Homeland Security Enterprise as was
suggested by GAO in 2010, the collaboration needed improvement,
particularly when it comes to fostering interactive
communication and feedback. GAO made four recommendations for
executive action: 1) ensure future QHSR risk assessment
methodologies reflect key elements of successful risk
assessment methodologies; 2) refine its risk assessment
methodology so that in future QHSRs it can compare and
prioritize homeland security risks and risk mitigation
strategies; 3) identify and implement stakeholder meeting
processes to ensure that communication is interactive when
project planning for the next QHSR; and 4) clarify component
detailee roles and responsibilities when project planning for
the next QHSR. DHS concurred with all four recommendations
---------------------------------------------------------------------------
\1\ GAO, Quadrennial Homeland Security Review: Improved Risk
Analysis and Stakeholder Consultations Could Enhance Future Reviews,
GAO-16-371 (Washington, D.C.: Apr. 15, 2016).
---------------------------------------------------------------------------
Hearings
No hearings were held on H.R. 5385 in the 114th Congress.
Committee Consideration
The Committee met on June 8, 2016, to consider H.R. 5385,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by voice vote. The
Committee took the following actions:
The following amendments were offered:
An amendment by Mr. Perry (#1); was AGREED TO by voice vote.
Page 3, beginning on line 12, strike clause (iii) and insert the
following: (iii) by inserting after ``paragraph (2)'' the following:
``, including any resources identified from redundant, wasteful, or
unnecessary capabilities and capacities that can be redirected to
better support other existing capabilities and capacities; and'';
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 5385.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
5385, the Quadrennial Homeland Security Review Technical
Correction Act of 2016, would result in no new or increased
budget authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 29, 2016.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5385, the
Quadrennial Homeland Security Review Technical Correction Act
of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Mark P. Hadley
(For Keith Hall, Director).
Enclosure.
H.R. 5385--Quadrennial Homeland Security Review Technical Correction
Act of 2016
Current law requires the Department of Homeland Security
(DHS), every four years, to conduct a comprehensive review of
its strategy to improve the security of the United States,
including recommendations relating to the long-term strategy to
improve security. H.R. 5385 would make mostly technical changes
to the current requirements for that quadrennial review. Based
on information from DHS, we estimate that implementing H.R.
5385 would have no significant effect on the department's
spending.
Because enacting the legislation would not affect direct
spending or revenues, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 5385 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 5385 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 5385 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This legislation provides for DHS to maintain documentation
that provides information on the process for developing the
Quadrennial Homeland Security Review. It further provides for
DHS to conduct a risk assessment to inform the QHSR.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 5385 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with Rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 5385 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 5385 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the
``Quadrennial Homeland Security Review Technical Correction Act
of 2016''.
Sec. 2. Technical Corrections to Quadrennial Homeland Security
Review.
Section 2 amends Section 707 of the Homeland Security Act
of 2002. This section outlines various stakeholders to be
consulted during the production of the Quadrennial Homeland
Security Review, by including representatives from appropriate
advisory committees and adds language to prioritize homeland
security missions based on a risk assessment required in this
legislation. Additionally, this section:
adds the language ``to the extent practicable'' in the
requirement that the Secretary describe all interagency
cooperation, resources required, infrastructure, etc.
associated with the homeland security strategies
required to fully execute the full range of missions
called for in the strategies when gathering information
from other agencies;
adds the language ``to the extent practicable'' in the
requirement that the Secretary identify the resources
required to fulfill homeland security strategies and
missions when gathering information from other
agencies;
removes the term ``budget plan'' and replaces it with
``resources required'';
adds the requirement for the QHSR to include any
resources identified from redundant, wasteful, or
unnecessary capabilities and capacities that can be
redirected to support other priorities that were
identified during the course of reviewing the resources
required to execute the full range of missions; and
updates the Homeland Security Act of 2002 by striking
section 707(b)(6).
This section also requires the Department to submit a
report to Congress on the QHSR 60 days after the date of the
submittal of the President's budget for the fiscal year, which
shall include, among other items, a risk assessment of the
threats examined for the purpose of the review. Additionally,
this section requires the Secretary to retain all documentation
regarding the QHSR, including but not limited to all written
communications sent out by the Secretary and feedback submitted
to the Secretary, information on how feedback received by the
Secretary informed the QHSR, and information regarding the risk
assessment. Paragraph (4) of this subsection requires the
Secretary to provide information to the Homeland Security
Committees of the House and Senate on the degree to which
findings and recommendations developed in the review were
integrated into the acquisition strategy and expenditure plans
of the Department.
Finally, this section states that the changes made by this
Act shall apply to any QHSR required to be submitted after
December 31, 2017.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE VII--MANAGEMENT
* * * * * * *
SEC. 707. QUADRENNIAL HOMELAND SECURITY REVIEW.
(a) Requirement.--
(1) Quadrennial reviews required.--In fiscal year
2009, and every 4 years thereafter, the Secretary shall
conduct a review of the homeland security of the Nation
(in this section referred to as a ``quadrennial
homeland security review'').
(2) Scope of reviews.--Each quadrennial homeland
security review shall be a comprehensive examination of
the homeland security strategy of the Nation, including
recommendations regarding the long-term strategy and
priorities of the Nation for homeland security and
guidance on the programs, assets, capabilities, budget,
policies, and authorities of the Department.
(3) Consultation.--The Secretary shall conduct each
quadrennial homeland security review under this
subsection in consultation with--
(A) the heads of other Federal agencies,
including the Attorney General, the Secretary
of State, the Secretary of Defense, the
Secretary of Health and Human Services, the
Secretary of the Treasury, the Secretary of
Agriculture, and the Director of National
Intelligence;
(B) key officials of the Department; [and]
(C) representatives from appropriate advisory
committees established pursuant to section 871
of this Act, including the Homeland Security
Advisory Council and the Homeland Security
Science and Technology Advisory Committee, or
otherwise established, including the Aviation
Security Advisory Committee established
pursuant to section 44946 of title 49, United
States Code; and
[(C)] (D) other relevant governmental and
nongovernmental entities, including State,
local, and tribal government officials, members
of Congress, private sector representatives,
academics, and other policy experts.
(4) Relationship with future years homeland security
program.--The Secretary shall ensure that each review
conducted under this section is coordinated with the
Future Years Homeland Security Program required under
section 874.
(b) Contents of Review.--In each quadrennial homeland
security review, the Secretary shall--
(1) delineate and update, as appropriate, the
national homeland security strategy, consistent with
appropriate national and Department strategies,
strategic plans, and Homeland Security Presidential
Directives, including the National Strategy for
Homeland Security, the National Response Plan, and the
Department Security Strategic Plan;
(2) outline and prioritize the full range of the
critical homeland security mission areas of the Nation
based on the risk assessment required pursuant to
subsection (c)(2)(B);
(3) describe, to the extent practicable, the
interagency cooperation, preparedness of Federal
response assets, infrastructure, [budget plan]
resources required, and other elements of the homeland
security program and policies of the Nation associated
with the national homeland security strategy, required
to execute successfully the full range of missions
called for in the national homeland security strategy
described in paragraph (1) and the homeland security
mission areas outlined under paragraph (2);
(4) identify, to the extent practicable, the [budget
plan required to provide sufficient resources to
successfully] resources required to execute the full
range of missions called for in the national homeland
security strategy described in paragraph (1) and the
homeland security mission areas outlined under
paragraph (2)[;], including any resources identified
from redundant, wasteful, or unnecessary capabilities
and capacities that can be redirected to better support
other existing capabilities and capacities; and
(5) include an assessment of the organizational
alignment of the Department with the national homeland
security strategy referred to in paragraph (1) and the
homeland security mission areas outlined under
paragraph (2)[; and].
[(6) review and assess the effectiveness of the
mechanisms of the Department for executing the process
of turning the requirements developed in the
quadrennial homeland security review into an
acquisition strategy and expenditure plan within the
Department.]
(c) Reporting.--
(1) In general.--Not later than [December 31 of the
year] 60 days after the date of the submittal of the
President's budget for the fiscal year after the fiscal
year in which a quadrennial homeland security review is
[conducted] required under subsection (a)(1), the
Secretary shall submit to Congress a report regarding
that quadrennial homeland security review.
(2) Contents of report.--Each report submitted under
paragraph (1) shall include--
(A) the results of the quadrennial homeland
security review;
(B) a [description of the threats to] risk
assessment of the assumed or defined national
homeland security interests of the Nation that
were examined for the purposes of that review;
(C) the national homeland security strategy,
including a prioritized list of the critical
homeland security missions of the Nation, as
required under subsection (b)(2);
(D) to the extent practicable, a description
of the interagency cooperation, preparedness of
Federal response assets, infrastructure, budget
plan, and other elements of the homeland
security program and policies of the Nation
associated with the national homeland security
strategy, required to execute successfully the
full range of missions called for in the
applicable national homeland security strategy
referred to in subsection (b)(1) and the
homeland security mission areas outlined under
subsection (b)(2);
(E) an assessment of the organizational
alignment of the Department with the applicable
national homeland security strategy referred to
in subsection (b)(1) and the homeland security
mission areas outlined under subsection (b)(2),
including the Department's organizational
structure, management systems, budget and
accounting systems, human resources systems,
procurement systems, and physical and technical
infrastructure;
(F) to the extent practicable, a discussion
of [the status of] cooperation among Federal
agencies in the effort to promote national
homeland security;
(G) to the extent practicable, a discussion
of [the status of] cooperation between the
Federal Government and State, local, and tribal
governments in preventing terrorist attacks and
preparing for emergency response to threats and
risks to national homeland security; and
[(H) an explanation of any underlying
assumptions used in conducting the review; and]
[(I)] (H) any other matter the Secretary
considers appropriate.
(3) Documentation.--The Secretary shall retain and,
upon request, provide to Congress the following
documentation regarding the quadrennial homeland
security review:
(A) Records regarding the consultation
carried out the pursuant to subsection (a)(3),
including--
(i) all written communications,
including communications sent out by
the Secretary and feedback submitted to
the Secretary through technology,
online communications tools, in-person
discussions, and the interagency
process; and
(ii) information on how feedback
received by the Secretary informed the
quadrennial homeland security review.
(B) Information regarding the risk
assessment, as required under subsection
(c)(2)(B), including--
(i) the risk model utilized to
generate the risk assessment;
(ii) information, including data used
in the risk model, utilized to generate
the risk assessment;
(iii) sources of information,
including other risk assessments,
utilized to generate the risk
assessment; and
(iv) information on assumptions,
weighing factors, and subjective
judgments utilized to generate the risk
assessment, together with information
on the rationale or basis thereof.
[(3)] (4) Public availability.--The Secretary shall,
consistent with the protection of national security and
other sensitive matters, make each report submitted
under paragraph (1) publicly available on the Internet
website of the Department.
(d) Authorization of Appropriations.--There are authorized to
be appropriated such sums as may be necessary to carry out this
section.
(e) Review.--Not later than 90 days after the submission of
the report pursuant to subsection (c)(1), the Secretary shall
provide to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate information on the degree to
which the findings and recommendations developed in the review
were integrated into the acquisition strategy and expenditure
plans for the Department.
* * * * * * *
[all]