[House Report 115-41]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-41
======================================================================
QUADRENNIAL HOMELAND SECURITY REVIEW TECHNICAL CORRECTIONS ACT OF 2017
_______
March 16, 2017.--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. 1297]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 1297) 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 without amendment and recommend
that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Congressional Budget Office Estimate............................. 4
Statement of General Performance Goals and Objectives............ 4
Duplicative Federal Programs..................................... 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Purpose and Summary
H.R. 1297, the Quadrennial Homeland Security Review
Technical Corrections Act of 2017, amends the Homeland Security
Act of 2002 (Pub. L. 107-296), 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 some
progress in addressing weaknesses in the first review, but
indicated that 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
stakeholder interaction with the Homeland Security Enterprise
as was suggested by GAO in 2010, the collaboration needed
improvement, particularly as it relates 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 future QHSRs 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.
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\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. 1297.
Committee Consideration
The Committee met on March 8, 2017, to consider H.R. 1297,
and ordered the measure to be reported to the House with a
favorable recommendation, without amendment, by voice vote.
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. 1297.
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.
1297, the Quadrennial Homeland Security Review Technical
Corrections Act of 2017, 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, March 13, 2017.
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. 1297, the
Quadrennial Homeland Security Review Technical Corrections Act
of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
H.R. 1297--Quadrennial Homeland Security Review Technical Corrections
Act of 2017
Every four years the Department of Homeland Security (DHS),
is required, 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. 1297 would make technical changes to the matters
that must be addressed in that quadrennial review. Based on
information from DHS, CBO estimates that implementing H.R. 1297
would have no significant effect on the department's spending.
Enacting the legislation would not affect direct spending
or revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 1297 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 1297 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. 1297 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. 1297 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. 1297 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 1297 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 Corrections
Act of 2017''.
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 (QHSR) by including representatives from
appropriate advisory committees and adds language to prioritize
homeland security missions based on a risk assessment required
by 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 no later than 90 days after the date of
issuance of each report.
Finally, this section states that the changes made by this
Act shall apply to any QHSR required to be submitted after
December 31, 2021.
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 italics, 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,
including the Under Secretary for Strategy,
Policy, and Plans; [and]
(C) representatives from appropriate advisory
committees established pursuant to section 871,
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
or capacities that may be redirected to better support
other existing capabilities or capacities, as the case
may be; 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 submission of the
President's budget for the fiscal year after the fiscal
year in which a quadrennial homeland security review is
conducted, 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] 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 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 each 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 each
such quadrennial homeland security
review.
(B) Information regarding the risk assessment
required under subsection (c)(2)(B),
including--
(i) the risk model utilized to
generate such risk assessment;
(ii) information, including data used
in the risk model, utilized to generate
such risk assessment;
(iii) sources of information,
including other risk assessments,
utilized to generate such risk
assessment; and
(iv) information on assumptions,
weighing factors, and subjective
judgments utilized to generate such
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) Review.--Not later than 90 days after the submission of
each report required under 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 quadrennial homeland security review that is the subject of
such report were integrated into the acquisition strategy and
expenditure plans for the Department.
[(d)] (e) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this section.
* * * * * * *
[all]