SUBCHAPTER VII—MANAGEMENT
§341. Under Secretary for Management
(a) In general
The Under Secretary for Management shall serve as the Chief Management Officer and principal advisor to the Secretary on matters related to the management of the Department, including management integration and transformation in support of homeland security operations and programs. The Secretary, acting through the Under Secretary for Management, shall be responsible for the management and administration of the Department, including the following:
(1) The budget, appropriations, expenditures of funds, accounting, and finance.
(2) Procurement.
(3) Human resources and personnel.
(4) Information technology and communications systems, including policies and directives to achieve and maintain interoperable communications among the components of the Department.
(5) Facilities, property, equipment, vehicle fleets (under subsection (c)), and other material resources.
(6) Security for personnel, information technology and communications systems, facilities, property, equipment, and other material resources.
(7) Strategic management planning and annual performance planning and identification and tracking of performance measures relating to the responsibilities of the Department.
(8) Grants and other assistance management programs.
(9) The management integration and transformation within each functional management discipline of the Department, including information technology, financial management, acquisition management, and human capital management, to ensure an efficient and orderly consolidation of functions and personnel in the Department, including—
(A) the development of centralized data sources and connectivity of information systems to the greatest extent practicable to enhance program visibility, transparency, and operational effectiveness and coordination;
(B) the development of standardized and automated management information to manage and oversee programs and make informed decisions to improve the efficiency of the Department;
(C) the development of effective program management and regular oversight mechanisms, including clear roles and processes for program governance, sharing of best practices, and access to timely, reliable, and evaluated data on all acquisitions and investments; and
(D) the overall supervision, including the conduct of internal audits and management analyses, of the programs and activities of the Department, including establishment of oversight procedures to ensure a full and effective review of the efforts by components of the Department to implement policies and procedures of the Department for management integration and transformation.
(10) The development of a transition and succession plan, before December 1 of each year in which a Presidential election is held, to guide the transition of Department functions to a new Presidential administration, and making such plan available to the next Secretary and Under Secretary for Management and to the congressional homeland security committees.
(11) Reporting to the Government Accountability Office every six months to demonstrate measurable, sustainable progress made in implementing the corrective action plans of the Department to address the designation of the management functions of the Department on the bi-annual high risk list of the Government Accountability Office, until the Comptroller General of the United States submits to the appropriate congressional committees written notification of removal of the high-risk designation.
(12) The conduct of internal audits and management analyses of the programs and activities of the Department.
(13) Any other management duties that the Secretary may designate.
(b) Waivers for conducting business with suspended or debarred contractors
Not later than five days after the date on which the Chief Procurement Officer or Chief Financial Officer of the Department issues a waiver of the requirement that an agency not engage in business with a contractor or other recipient of funds listed as a party suspended or debarred from receiving contracts, grants, or other types of Federal assistance in the System for Award Management maintained by the General Services Administration, or any successor thereto, the Under Secretary for Management shall submit to the congressional homeland security committees and the Inspector General of the Department notice of the waiver and an explanation of the finding by the Under Secretary that a compelling reason exists for the waiver.
(c) Vehicle fleets
(1) In general
In carrying out responsibilities regarding vehicle fleets pursuant to subsection (a)(5), the Under Secretary for Management shall be responsible for overseeing and managing vehicle fleets throughout the Department. The Under Secretary shall also be responsible for the following:
(A) Ensuring that components are in compliance with Federal law, Federal regulations, executive branch guidance, and Department policy (including associated guidance) relating to fleet management and use of vehicles from home to work.
(B) Developing and distributing a standardized vehicle allocation methodology and fleet management plan for components to use to determine optimal fleet size in accordance with paragraph (4).
(C) Ensuring that components formally document fleet management decisions.
(D) Approving component fleet management plans, vehicle leases, and vehicle acquisitions.
(2) Component responsibilities
(A) In general
Component heads—
(i) shall—
(I) comply with Federal law, Federal regulations, executive branch guidance, and Department policy (including associated guidance) relating to fleet management and use of vehicles from home to work;
(II) ensure that data related to fleet management is accurate and reliable;
(III) use such data to develop a vehicle allocation tool derived by using the standardized vehicle allocation methodology provided by the Under Secretary for Management to determine the optimal fleet size for the next fiscal year and a fleet management plan; and
(IV) use vehicle allocation methodologies and fleet management plans to develop annual requests for funding to support vehicle fleets pursuant to paragraph (6); and
(ii) may not, except as provided in subparagraph (B), lease or acquire new vehicles or replace existing vehicles without prior approval from the Under Secretary for Management pursuant to paragraph (5)(B).
(B) Exception regarding certain leasing and acquisitions
If exigent circumstances warrant such, a component head may lease or acquire a new vehicle or replace an existing vehicle without prior approval from the Under Secretary for Management. If under such exigent circumstances a component head so leases, acquires, or replaces a vehicle, such component head shall provide to the Under Secretary an explanation of such circumstances.
(3) Ongoing oversight
(A) Quarterly monitoring
In accordance with paragraph (4), the Under Secretary for Management shall collect, on a quarterly basis, information regarding component vehicle fleets, including information on fleet size, composition, cost, and vehicle utilization.
(B) Automated information
The Under Secretary for Management shall seek to achieve a capability to collect, on a quarterly basis, automated information regarding component vehicle fleets, including the number of trips, miles driven, hours and days used, and the associated costs of such mileage for leased vehicles.
(C) Monitoring
The Under Secretary for Management shall track and monitor component information provided pursuant to subparagraph (A) and, as appropriate, subparagraph (B), to ensure that component vehicle fleets are the optimal fleet size and cost effective. The Under Secretary shall use such information to inform the annual component fleet analyses referred to in paragraph (4).
(4) Annual review of component fleet analyses
(A) In general
To determine the optimal fleet size and associated resources needed for each fiscal year beginning with fiscal year 2018, component heads shall annually submit to the Under Secretary for Management a vehicle allocation tool and fleet management plan using information described in paragraph (3)(A). Such tools and plans may be submitted in classified form if a component head determines that such is necessary to protect operations or mission requirements.
(B) Vehicle allocation tool
Component heads shall develop a vehicle allocation tool in accordance with subclause (III) of paragraph (2)(A)(i) that includes an analysis of the following:
(i) Vehicle utilization data, including the number of trips, miles driven, hours and days used, and the associated costs of such mileage for leased vehicles, in accordance with such paragraph.
(ii) The role of vehicle fleets in supporting mission requirements for each component.
(iii) Any other information determined relevant by such component heads.
(C) Fleet management plans
Component heads shall use information described in subparagraph (B) to develop a fleet management plan for each such component. Such fleet management plans shall include the following:
(i) A plan for how each such component may achieve optimal fleet size determined by the vehicle allocation tool required under such subparagraph, including the elimination of excess vehicles in accordance with paragraph (5), if applicable.
(ii) A cost benefit analysis supporting such plan.
(iii) A schedule each such component will follow to obtain optimal fleet size.
(iv) Any other information determined relevant by component heads.
(D) Review
The Under Secretary for Management shall review and make a determination on the results of each component's vehicle allocation tool and fleet management plan under this paragraph to ensure each such component's vehicle fleets are the optimal fleet size and that components are in compliance with applicable Federal law, Federal regulations, executive branch guidance, and Department policy (including associated guidance) pursuant to paragraph (2) relating to fleet management and use of vehicles from home to work. The Under Secretary shall use such tools and plans when reviewing annual component requests for vehicle fleet funding in accordance with paragraph (6).
(5) Guidance to develop fleet management plans
The Under Secretary for Management shall provide guidance, pursuant to paragraph (1)(B) on how component heads may achieve optimal fleet size in accordance with paragraph (4), including processes for the following:
(A) Leasing or acquiring additional vehicles or replacing existing vehicles, if determined necessary.
(B) Disposing of excess vehicles that the Under Secretary determines should not be reallocated under subparagraph (C).
(C) Reallocating excess vehicles to other components that may need temporary or long-term use of additional vehicles.
(6) Annual review of vehicle fleet funding requests
As part of the annual budget process, the Under Secretary for Management shall review and make determinations regarding annual component requests for funding for vehicle fleets. If component heads have not taken steps in furtherance of achieving optimal fleet size in the prior fiscal year pursuant to paragraphs (4) and (5), the Under Secretary shall provide rescission recommendations to the Committee on Appropriations and the Committee on Homeland Security of the House of Representatives and the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate regarding such component vehicle fleets.
(7) Accountability for vehicle fleet management
(A) Prohibition on certain new vehicle leases and acquisitions
The Under Secretary for Management and component heads may not approve in any fiscal year beginning with fiscal year 2019 a vehicle lease, acquisition, or replacement request if such component heads did not comply in the prior fiscal year with paragraph (4).
(B) Prohibition on certain performance compensation
No Department official with vehicle fleet management responsibilities may receive annual performance compensation in pay in any fiscal year beginning with fiscal year 2019 if such official did not comply in the prior fiscal year with paragraph (4).
(C) Prohibition on certain car services
Notwithstanding any other provision of law, no senior executive service official of the Department whose office has a vehicle fleet may receive access to a car service in any fiscal year beginning with fiscal year 2019 if such official did not comply in the prior fiscal year with paragraph (4).
(8) Motor pool
(A) In general
The Under Secretary for Management may determine the feasibility of operating a vehicle motor pool to permit components to share vehicles as necessary to support mission requirements to reduce the number of excess vehicles in the Department.
(B) Requirements
The determination of feasibility of operating a vehicle motor pool under subparagraph (A) shall—
(i) include—
(I) regions in the United States in which multiple components with vehicle fleets are located in proximity to one another, or a significant number of employees with authorization to use vehicles are located; and
(II) law enforcement vehicles;
(ii) cover the National Capital Region; and
(iii) take into account different mission requirements.
(C) Report
The Secretary shall include in the Department's next annual performance report required under current law the results of the determination under this paragraph.
(9) Definitions
In this subsection:
(A) Component head
The term "component head" means the head of any component of the Department with a vehicle fleet.
(B) Excess vehicle
The term "excess vehicle" means any vehicle that is not essential to support mission requirements of a component.
(C) Optimal fleet size
The term "optimal fleet size" means, with respect to a particular component, the appropriate number of vehicles to support mission requirements of such component.
(D) Vehicle fleet
The term "vehicle fleet" means all owned, commercially leased, or Government-leased vehicles of the Department or of a component of the Department, as the case may be, including vehicles used for law enforcement and other purposes.
(d) Appointment and evaluation
The Under Secretary for Management shall—
(1) be appointed by the President, by and with the advice and consent of the Senate, from among persons who have—
(A) extensive executive level leadership and management experience in the public or private sector;
(B) strong leadership skills;
(C) a demonstrated ability to manage large and complex organizations; and
(D) a proven record in achieving positive operational results;
(2) enter into an annual performance agreement with the Secretary that shall set forth measurable individual and organizational goals; and
(3) be subject to an annual performance evaluation by the Secretary, who shall determine as part of each such evaluation whether the Under Secretary for Management has made satisfactory progress toward achieving the goals set out in the performance agreement required under paragraph (2).
(e) 1 System for Award Management consultation
The Under Secretary for Management shall require that all Department contracting and grant officials consult the System for Award Management (or successor system) as maintained by the General Services Administration prior to awarding a contract or grant or entering into other transactions to ascertain whether the selected contractor is excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.
(e) 1 Interoperable communications defined
In this section, the term "interoperable communications" has the meaning given that term in
(
Editorial Notes
Amendments
2017—Subsec. (a)(5).
Subsecs. (c) to (e).
2016—Subsec. (a)(9) to (13).
"(A) the development of a management integration strategy for the Department, and
"(B) before December 1 of any year in which a Presidential election is held, the development of a transition and succession plan, to be made available to the incoming Secretary and Under Secretary for Management, to guide the transition of management functions to a new Administration."
Subsec. (b).
Subsecs. (d), (e).
2015—Subsec. (a)(4).
Subsec. (d).
2007—Subsec. (a).
Subsec. (a)(7).
Subsec. (a)(9).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Deadline for Appointment; Incumbent
"(1)
"(2)
1 So in original. There are two subsecs. (e).
§342. Chief Financial Officer
(a) In general
The Chief Financial Officer shall perform functions as specified in
(b) Program analysis and evaluation function
(1) Establishment of Office of Program Analysis and Evaluation
Not later than 90 days after October 16, 2004, the Secretary shall establish an Office of Program Analysis and Evaluation within the Department (in this section referred to as the "Office").
(2) Responsibilities
The Office shall perform the following functions:
(A) Analyze and evaluate plans, programs, and budgets of the Department in relation to United States homeland security objectives, projected threats, vulnerability assessments, estimated costs, resource constraints, and the most recent homeland security strategy developed pursuant to
(B) Develop and perform analyses and evaluations of alternative plans, programs, personnel levels, and budget submissions for the Department in relation to United States homeland security objectives, projected threats, vulnerability assessments, estimated costs, resource constraints, and the most recent homeland security strategy developed pursuant to
(C) Establish policies for, and oversee the integration of, the planning, programming, and budgeting system of the Department.
(D) Review and ensure that the Department meets performance-based budget requirements established by the Office of Management and Budget.
(E) Provide guidance for, and oversee the development of, the Future Years Homeland Security Program of the Department, as specified under
(F) Ensure that the costs of Department programs, including classified programs, are presented accurately and completely.
(G) Oversee the preparation of the annual performance plan for the Department and the program and performance section of the annual report on program performance for the Department, consistent with sections 1115 and 1116, respectively, of title 31.
(H) Provide leadership in developing and promoting improved analytical tools and methods for analyzing homeland security planning and the allocation of resources.
(I) Any other responsibilities delegated by the Secretary consistent with an effective program analysis and evaluation function.
(3) Director of Program Analysis and Evaluation
There shall be a Director of Program Analysis and Evaluation, who—
(A) shall be a principal staff assistant to the Chief Financial Officer of the Department for program analysis and evaluation; and
(B) shall report to an official no lower than the Chief Financial Officer.
(4) Reorganization
(A) In general
The Secretary may allocate or reallocate the functions of the Office, or discontinue the Office, in accordance with
(B) Exemption from limitations
(c) Notification regarding transfer or reprogramming of funds
In any case in which appropriations available to the Department or any officer of the Department are transferred or reprogrammed and notice of such transfer or reprogramming is submitted to the Congress (including any officer, office, or Committee of the Congress), the Chief Financial Officer of the Department shall simultaneously submit such notice to the Select Committee on Homeland Security (or any successor to the jurisdiction of that committee) and the Committee on Government Reform of the House of Representatives, and to the Committee on Governmental Affairs of the Senate.
(
Editorial Notes
Amendments
2004—
Statutory Notes and Related Subsidiaries
Change of Name
Select Committee on Homeland Security, which was established by House Resolution 449, One Hundred Seventh Congress, June 19, 2002, and reestablished by section 4 of House Resolution 5, One Hundred Eighth Congress, Jan. 4, 2005, was not reestablished in the One Hundred Ninth Congress. Rule X(1)(i) of the Rules of the House of Representatives, One Hundred Ninth Congress, as amended by section 2 of House Resolution 5, One Hundred Ninth Congress, Jan. 4, 2005, established a Committee on Homeland Security. For jurisdiction of the Select Committee on Homeland Security and of the Committee on Homeland Security, see section 4 of House Resolution 5, One Hundred Eighth Congress, and Rule X(1)(i) of the Rules of the House, One Hundred Ninth Congress.
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Findings
"(1) Influential financial management leadership is of vital importance to the mission success of the Department of Homeland Security. For this reason, the Chief Financial Officer of the Department must be a key figure in the Department's management.
"(2) To provide a sound financial leadership structure, the provisions of law enacted by the Chief Financial Officers Act of 1990 (
"(3) The Department of Homeland Security was created by consolidation of 22 separate Federal agencies, each with its own accounting and financial management system. None of these systems was developed with a view to executing the mission of the Department of Homeland Security to prevent terrorist attacks within the United States, reduce the Nation's vulnerability to terrorism, and minimize the damage and assist in the recovery from terrorist attacks. For these reasons, a strong Chief Financial Officer is needed within the Department both to consolidate financial management operations, and to insure that management control systems are comprehensively designed to achieve the mission and execute the strategy of the Department.
"(4) The provisions of law enacted by the Chief Financial Officers Act of 1990 require agency Chief Financial Officers to improve the financial information available to agency managers and the Congress. Those provisions also specify that agency financial management systems must provide for the systematic measurement of performance. In the case of the Department of Homeland Security, therefore, it is vitally important that management control systems be designed with a clear view of a homeland security strategy, including the priorities of the Department in addressing those risks of terrorism deemed most significant based upon a comprehensive assessment of potential threats, vulnerabilities, criticality, and consequences. For this reason, Federal law should be amended to clearly state the responsibilities of the Chief Financial Officer of the Department of Homeland Security to provide management control information, for the benefit of managers within the Department and to help inform the Congress, that permits an assessment of the Department's performance in executing a homeland security strategy."
§343. Chief Information Officer
(a) In general
The Chief Information Officer shall report to the Secretary, or to another official of the Department, as the Secretary may direct.
(b) Geospatial information functions
(1) Definitions
As used in this subsection:
(A) Geospatial information
The term "geospatial information" means graphical or digital data depicting natural or manmade physical features, phenomena, or boundaries of the earth and any information related thereto, including surveys, maps, charts, remote sensing data, and images.
(B) Geospatial technology
The term "geospatial technology" means any technology utilized by analysts, specialists, surveyors, photogrammetrists, hydrographers, geodesists, cartographers, architects, or engineers for the collection, storage, retrieval, or dissemination of geospatial information, including—
(i) global satellite surveillance systems;
(ii) global position systems;
(iii) geographic information systems;
(iv) mapping equipment;
(v) geocoding technology; and
(vi) remote sensing devices.
(2) Office of Geospatial Management
(A) Establishment
The Office of Geospatial Management is established within the Office of the Chief Information Officer.
(B) Geospatial Information Officer
(i) Appointment
The Office of Geospatial Management shall be administered by the Geospatial Information Officer, who shall be appointed by the Secretary and serve under the direction of the Chief Information Officer.
(ii) Functions
The Geospatial Information Officer shall assist the Chief Information Officer in carrying out all functions under this section and in coordinating the geospatial information needs of the Department.
(C) Coordination of geospatial information
The Chief Information Officer shall establish and carry out a program to provide for the efficient use of geospatial information, which shall include—
(i) providing such geospatial information as may be necessary to implement the critical infrastructure protection programs;
(ii) providing leadership and coordination in meeting the geospatial information requirements of those responsible for planning, prevention, mitigation, assessment and response to emergencies, critical infrastructure protection, and other functions of the Department; and
(iii) coordinating with users of geospatial information within the Department to assure interoperability and prevent unnecessary duplication.
(D) Responsibilities
In carrying out this subsection, the responsibilities of the Chief Information Officer shall include—
(i) coordinating the geospatial information needs and activities of the Department;
(ii) implementing standards, as adopted by the Director of the Office of Management and Budget under the processes established under section 216 of the E-Government Act of 2002 (
(I) the Department;
(II) State and local government; and
(III) the private sector;
(iii) coordinating with the Federal Geographic Data Committee and carrying out the responsibilities of the Department pursuant to Office of Management and Budget Circular A–16 and Executive Order 12906; and
(iv) making recommendations to the Secretary and the Executive Director of the Office for State and Local Government Coordination and Preparedness on awarding grants to—
(I) fund the creation of geospatial data; and
(II) execute information sharing agreements regarding geospatial data with State, local, and tribal governments.
(3) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this subsection for each fiscal year.
(
Editorial Notes
References in Text
Section 216 of the E-Government Act of 2002, referred to in subsec. (b)(2)(D)(ii), is section 216 of
Executive Order 12906, referred to in subsec. (b)(2)(D)(iii), is set out as a note under
Amendments
2004—
Statutory Notes and Related Subsidiaries
Findings
"(1) Geospatial technologies and geospatial data improve government capabilities to detect, plan for, prepare for, and respond to disasters in order to save lives and protect property.
"(2) Geospatial data improves the ability of information technology applications and systems to enhance public security in a cost-effective manner.
"(3) Geospatial information preparedness in the United States, and specifically in the Department of Homeland Security, is insufficient because of—
"(A) inadequate geospatial data compatibility;
"(B) insufficient geospatial data sharing; and
"(C) technology interoperability barriers."
§344. Chief Human Capital Officer
(a) In general
The Chief Human Capital Officer shall report directly to the Under Secretary for Management.
(b) Responsibilities
In addition to the responsibilities set forth in
(1) develop and implement strategic workforce planning policies, including with respect to leader development and employee engagement, that are consistent with Government-wide leading principles, in line with Department strategic human capital goals and priorities, and informed by best practices within the Federal Government and the private sector, taking into account the special requirements of members of the Armed Forces serving in the Coast Guard;
(2) use performance measures to evaluate, on an ongoing basis, Department-wide strategic workforce planning efforts;
(3) develop, improve, and implement policies that, to the extent practicable, are informed by employee feedback, including compensation flexibilities available to Federal agencies where appropriate, to recruit, hire, train, and retain the workforce of the Department, in coordination with all components of the Department;
(4) identify methods for managing and overseeing human capital programs and initiatives, including leader development and employee engagement programs, in coordination with the head of each component of the Department;
(5) develop a career path framework and create opportunities for leader development in coordination with all components of the Department that is informed by an assessment, carried out by the Chief Human Capital Officer, of the learning and developmental needs of employees in supervisory and nonsupervisory roles across the Department and appropriate workforce planning initiatives;
(6) lead the efforts of the Department for managing employee resources, including training and development opportunities, in coordination with each component of the Department;
(7) work to ensure the Department is implementing human capital programs and initiatives and effectively educating each component of the Department about these programs and initiatives;
(8) identify and eliminate unnecessary and duplicative human capital policies and guidance;
(9) maintain a catalogue of available employee development opportunities, including the Homeland Security Rotation Program pursuant to
(10) ensure that employee discipline and adverse action programs comply with the requirements of all pertinent laws, rules, regulations, and Federal guidance, and ensure due process for employees;
(11) analyze each Department or Government-wide Federal workforce satisfaction or morale survey not later than 90 days after the date of the publication of each such survey and submit to the Secretary such analysis, including, as appropriate, recommendations to improve workforce satisfaction or morale within the Department;
(12) review and approve all component employee engagement action plans to ensure such plans include initiatives responsive to the root cause of employee engagement challenges, as well as outcome-based performance measures and targets to track the progress of such initiatives;
(13) provide input concerning the hiring and performance of the Chief Human Capital Officer or comparable official in each component of the Department; and
(14) ensure that all employees of the Department are informed of their rights and remedies under chapters 12 and 23 of title 5.
(c) Component strategies
(1) In general
Each component of the Department shall, in coordination with the Chief Human Capital Officer of the Department, develop a 5-year workforce strategy for the component that will support the goals, objectives, and performance measures of the Department for determining the proper balance of Federal employees and private labor resources.
(2) Strategy requirements
In developing the strategy required under paragraph (1), each component shall consider the effect on human resources associated with creating additional Federal full-time equivalent positions, converting private contractors to Federal employees, or relying on the private sector for goods and services.
(d) Chief Learning and Engagement Officer
The Chief Human Capital Officer may designate an employee of the Department to serve as a Chief Learning and Engagement Officer to assist the Chief Human Capital Officer in carrying out this section.
(e) Annual submission
Not later than 90 days after the date on which the Secretary submits the annual budget justification for the Department, the Secretary shall submit to the congressional homeland security committees a report that includes a table, delineated by component with actual and enacted amounts, including—
(1) information on the progress within the Department of fulfilling the workforce strategies developed under subsection (c);
(2) information on employee development opportunities catalogued pursuant to paragraph (9) of subsection (b) and any available data on participation rates, attrition rates, and impacts on retention and employee satisfaction;
(3) information on the progress of Departmentwide strategic workforce planning efforts as determined under paragraph (2) of subsection (b);
(4) information on the activities of the steering committee established pursuant to
(5) the number of on-board staffing for Federal employees from the prior fiscal year;
(6) the total contract hours submitted by each prime contractor as part of the service contract inventory required under section 743 of the Financial Services and General Government Appropriations Act, 2010 (division C of
(7) the number of full-time equivalent personnel identified under the Intergovernmental Personnel Act of 1970 (
(f) Limitation
Nothing in this section overrides or otherwise affects the requirements specified in
(
Editorial Notes
References in Text
The Intergovernmental Personnel Act of 1970, referred to in subsec. (e)(7), is
Amendments
2021—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(9) to (12).
Subsec. (b)(13), (14).
Subsec. (d).
Subsec. (e).
Subsec. (f).
2016—
"(1) participating in the 2302(c) Certification Program of the Office of Special Counsel;
"(2) achieving certification from the Office of Special Counsel of the Department's compliance with
"(3) informing Congress of such certification not later than 24 months after November 25, 2002."
§345. Establishment of Officer for Civil Rights and Civil Liberties
(a) In general
The Officer for Civil Rights and Civil Liberties, who shall report directly to the Secretary, shall—
(1) review and assess information concerning abuses of civil rights, civil liberties, and profiling on the basis of race, ethnicity, or religion, by employees and officials of the Department;
(2) make public through the Internet, radio, television, or newspaper advertisements information on the responsibilities and functions of, and how to contact, the Officer;
(3) assist the Secretary, directorates, and offices of the Department to develop, implement, and periodically review Department policies and procedures to ensure that the protection of civil rights and civil liberties is appropriately incorporated into Department programs and activities;
(4) oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by the programs and activities of the Department;
(5) coordinate with the Privacy Officer to ensure that—
(A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and
(B) Congress receives appropriate reports regarding such programs, policies, and procedures; and
(6) investigate complaints and information indicating possible abuses of civil rights or civil liberties, unless the Inspector General of the Department determines that any such complaint or information should be investigated by the Inspector General.
(b) Report
The Secretary shall submit to the President of the Senate, the Speaker of the House of Representatives, and the appropriate committees and subcommittees of Congress on an annual basis a report on the implementation of this section, including the use of funds appropriated to carry out this section, and detailing any allegations of abuses described under subsection (a)(1) and any actions taken by the Department in response to such allegations.
(
Editorial Notes
Amendments
2004—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(3) to (6).
§346. Consolidation and co-location of offices
Not later than 1 year after November 25, 2002, the Secretary shall develop and submit to Congress a plan for consolidating and co-locating—
(1) any regional offices or field offices of agencies that are transferred to the Department under this chapter, if such officers 1 are located in the same municipality; and
(2) portions of regional and field offices of other Federal agencies, to the extent such offices perform functions that are transferred to the Secretary under this chapter.
(
Editorial Notes
References in Text
This chapter, referred to in pars. (1) and (2), was in the original "this Act", meaning
1 So in original. Probably should be "offices".
§347. 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 the Secretary of Energy,,1 and the Director of National Intelligence;
(B) key officials of the Department, including the Under Secretary for Strategy, Policy, and Plans;
(C) representatives from appropriate advisory committees established pursuant to
(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
(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, 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 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).
(c) Reporting
(1) In general
Not later than 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 risk assessment of the assumed or defined national homeland security interests of the Nation that were examined for the purposes of that review or for purposes of the quadrennial EMP and GMD risk assessment under
(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, 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 cooperation among Federal agencies in the effort to promote national homeland security;
(G) to the extent practicable, a discussion 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) 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 pursuant to subsection (a)(3), including the following:
(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.
(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review.
(B) Information regarding the risk assessment required pursuant to subsection (c)(2)(B), including the following:
(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.
(iv) Information on assumptions, weighing factors, and subjective judgments utilized to generate such risk assessment, together with information on the rationale or basis thereof.
(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.
(e) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section.
(
Editorial Notes
Amendments
2022—Subsec. (a)(3)(C), (D).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(6).
Subsec. (c)(1).
Subsec. (c)(2)(B).
Subsec. (c)(2)(C).
Subsec. (c)(2)(D).
Subsec. (c)(2)(F).
Subsec. (c)(2)(G).
Subsec. (c)(2)(H), (I).
Subsec. (c)(3), (4).
Subsecs. (d), (e).
2019—Subsec. (a)(3)(A).
Subsec. (c)(2)(B).
2016—Subsec. (a)(3)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Preparation for First Quadrennial Homeland Security Review
"(1)
"(A) determining the tasks to be performed;
"(B) estimating the human, financial, and other resources required to perform each task;
"(C) establishing the schedule for the execution of all project tasks;
"(D) ensuring that these resources will be available as needed; and
"(E) all other preparations considered necessary by the Secretary.
"(2)
§348. Joint task forces
(a) Definition
In this section, the term "situational awareness" means knowledge and unified understanding of unlawful cross-border activity, including—
(1) threats and trends concerning illicit trafficking and unlawful crossings;
(2) the ability to forecast future shifts in such threats and trends;
(3) the ability to evaluate such threats and trends at a level sufficient to create actionable plans; and
(4) the operational capability to conduct continuous and integrated surveillance of the air, land, and maritime borders of the United States.
(b) Joint task forces
(1) Establishment
The Secretary may establish and operate departmental Joint Task Forces to conduct joint operations using personnel and capabilities of the Department for the purposes specified in paragraph (2).
(2) Purposes
(A) In general
Subject to subparagraph (B), the purposes referred to in paragraph (1) are or relate to the following:
(i) Securing the land and maritime borders of the United States.
(ii) Homeland security crises.
(iii) Establishing regionally-based operations.
(B) Limitation
(i) In general
The Secretary may not establish a Joint Task Force for any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(I) do not include operational functions related to incident management, including coordination of operations; and
(II) are consistent with the requirements of paragraphs (3) and (4)(A) of section 313(c) and
(ii) Responsibilities and functions not reduced
Nothing in this section may be construed to reduce the responsibilities or functions of the Federal Emergency Management Agency or the Administrator of the Agency under subchapter V of this chapter or any other provision of law, including the diversion of any asset, function, or mission from the Agency or the Administrator of the Agency pursuant to
(3) Joint task force directors
(A) Director
Each Joint Task Force established and operated pursuant to paragraph (1) shall be headed by a Director, appointed by the President, for a term of not more than two years. The Secretary shall submit to the President recommendations for such appointments after consulting with the heads of the components of the Department with membership on any such Joint Task Force. Any Director appointed by the President shall be—
(i) a current senior official of the Department with not less than one year of significant leadership experience at the Department; or
(ii) if no suitable candidate is available at the Department, an individual with—
(I) not less than one year of significant leadership experience in a Federal agency since the establishment of the Department; and
(II) a demonstrated ability in, knowledge of, and significant experience working on the issues to be addressed by any such Joint Task Force.
(B) Extension
The Secretary may extend the appointment of a Director of a Joint Task Force under subparagraph (A) for not more than two years if the Secretary determines that such an extension is in the best interest of the Department.
(4) Joint Task Force deputy directors
For each Joint Task Force, the Secretary shall appoint a Deputy Director who shall be an official of a different component or office of the Department than the Director of such Joint Task Force.
(5) Responsibilities
The Director of a Joint Task Force, subject to the oversight, direction, and guidance of the Secretary, shall—
(A) when established for the purpose referred to in paragraph (2)(A)(i), maintain situational awareness within the areas of responsibility of the Joint Task Force, as determined by the Secretary;
(B) provide operational plans and requirements for standard operating procedures and contingency operations within the areas of responsibility of the Joint Task Force, as determined by the Secretary;
(C) plan and execute joint task force activities within the areas of responsibility of the Joint Task Force, as determined by the Secretary;
(D) set and accomplish strategic objectives through integrated operational planning and execution;
(E) exercise operational direction over personnel and equipment from components and offices of the Department allocated to the Joint Task Force to accomplish the objectives of the Joint Task Force;
(F) when established for the purpose referred to in paragraph (2)(A)(i), establish operational and investigative priorities within the areas of responsibility of the Joint Task Force, as determined by the Secretary;
(G) coordinate with foreign governments and other Federal, State, and local agencies, as appropriate, to carry out the mission of the Joint Task Force; and
(H) carry out other duties and powers the Secretary determines appropriate.
(6) Personnel and resources
(A) In general
The Secretary may, upon request of the Director of a Joint Task Force, and giving appropriate consideration of risk to the other primary missions of the Department, allocate to such Joint Task Force on a temporary basis personnel and equipment of components and offices of the Department.
(B) Cost neutrality
A Joint Task Force may not require more resources than would have otherwise been required by the Department to carry out the duties assigned to such Joint Task Force if such Joint Task Force had not been established.
(C) Location of operations
In establishing a location of operations for a Joint Task Force, the Secretary shall, to the extent practicable, use existing facilities that integrate efforts of components of the Department and State, local, tribal, or territorial law enforcement or military entities.
(D) Consideration of impact
When reviewing requests for allocation of component personnel and equipment under subparagraph (A), the Secretary shall consider the impact of such allocation on the ability of the donating component or office to carry out the primary missions of the Department, and in the case of the Coast Guard, the missions specified in
(E) Limitation
Personnel and equipment of the Coast Guard allocated under this paragraph may be used only to carry out operations and investigations related to the missions specified in
(F) Report
The Secretary shall, at the time the budget of the President is submitted to Congress for a fiscal year under
(7) Component resource authority
As directed by the Secretary—
(A) each Director of a Joint Task Force shall be provided sufficient resources from relevant components and offices of the Department and the authority necessary to carry out the missions and responsibilities of such Joint Task Force required under this section;
(B) the resources referred to in subparagraph (A) shall be under the operational authority, direction, and control of the Director of the Joint Task Force to which such resources are assigned; and
(C) the personnel and equipment of each Joint Task Force shall remain under the administrative direction of the head of the component or office of the Department that provided such personnel or equipment.
(8) Joint Task Force staff
(A) In general
Each Joint Task Force shall have a staff, composed of personnel from relevant components and offices of the Department, to assist the Director of such Joint Task Force in carrying out the mission and responsibilities of such Joint Task Force.
(B) Report
The Secretary shall include in the report submitted under paragraph (6)(F)—
(i) the number of personnel of each component or office permanently assigned to each Joint Task Force; and
(ii) the number of personnel of each component or office assigned on a temporary basis to each Joint Task Force.
(9) Mission; establishment of performance metrics
The Secretary shall—
(A) using leading practices in performance management and lessons learned by other law enforcement task forces and joint operations, establish—
(i) the mission, strategic goals, and objectives of each Joint Task Force;
(ii) the criteria for terminating each Joint Task Force; and
(iii) outcome-based and other appropriate performance metrics for evaluating the effectiveness of each Joint Task Force with respect to the mission, strategic goals, and objectives established pursuant to clause (i), including—
(I) targets for each Joint Task Force to achieve by not later than one and three years after such establishment; and
(II) a description of the methodology used to establish such metrics;
(B) not later than 120 days after December 23, 2022, and 120 days after the establishment of a new Joint Task Force, as appropriate, submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate the mission, strategic goals, objectives, and metrics established under subparagraph (A); and
(C) not later than one year after December 23, 2022, and annually thereafter, submit to the committees specified in subparagraph (B) a report that contains information on the progress in implementing the outcome-based and other appropriate performance metrics established pursuant to subparagraph (A)(iii).
(10) Joint duty training program
(A) In general
The Secretary shall—
(i) establish a joint duty training program in the Department for the purposes of—
(I) enhancing coordination within the Department; and
(II) promoting workforce professional development; and
(ii) tailor such joint duty training program to improve joint operations as part of the Joint Task Forces.
(B) Elements
The joint duty training program established under subparagraph (A) shall address, at a minimum, the following topics:
(i) National security strategy.
(ii) Strategic and contingency planning.
(iii) Command and control of operations under joint command.
(iv) International engagement.
(v) The homeland security enterprise.
(vi) Interagency collaboration.
(vii) Leadership.
(viii) Specific subject matters relevant to the Joint Task Force, including matters relating to the missions specified in
(C) Training required
(i) Directors and deputy directors
Except as provided in clauses (iii) and (iv), an individual shall complete the joint duty training program before being appointed Director or Deputy Director of a Joint Task Force.
(ii) Joint Task Force staff
Each official serving on the staff of a Joint Task Force shall complete the joint duty training program within the first year of assignment to such Joint Task Force.
(iii) Exception
Clause (i) shall not apply to the first Director or Deputy Director appointed to a Joint Task Force on or after December 23, 2016.
(iv) Waiver
The Secretary may waive the application of clause (i) if the Secretary determines that such a waiver is in the interest of homeland security or necessary to carry out the mission for which a Joint Task Force was established.
(11) Notification of Joint Task Force formation or termination
(A) In general
Not later than seven days after establishing or terminating a Joint Task Force under this subsection, the Secretary shall submit to the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the majority leader of the House of Representatives, the minority leader of the House of Representatives, and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a notification regarding such establishment or termination, as the case may be. The contents of any such notification shall include the following:
(i) The criteria and conditions required to establish or terminate the Joint Task Force at issue.
(ii) The primary mission, strategic goals, objectives, and plan of operations of such Joint Task Force.
(iii) If such notification is a notification of termination, information on the effectiveness of such Joint Task Force as measured by the outcome-based performance metrics and other appropriate performance metrics established pursuant to paragraph (9)(A)(iii).
(iv) The funding and resources required to establish or terminate such Joint Task Force.
(v) The number of personnel of each component or office permanently assigned to such Joint Task Force.
(vi) The number of personnel of each component and office assigned on a temporary basis to such Joint Task Force.
(vii) If such notification is a notification of establishment, the anticipated costs of establishing and operating such Joint Task Force.
(viii) If such notification is a notification of termination, funding allocated in the immediately preceding fiscal year to such Joint Task Force for—
(I) operations, notwithstanding such termination; and
(II) activities associated with such termination.
(ix) The anticipated establishment or actual termination date of such Joint Task Force, as the case may be.
(B) Waiver authority
The Secretary may waive the requirement under subparagraph (A) in the event of an emergency circumstance that imminently threatens the protection of human life or property.
(12) Review
(A) In general
Not later than one year after December 23, 2022, the Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate an assessment of the effectiveness of the Secretary's utilization of the authority provided under this section for the purposes specified in subsection (b)(2) as among the range of options available to the Secretary to conduct joint operations among departmental components and offices and a review of the Joint Task Forces established under this subsection.
(B) Contents
The review required under subparagraph (A) shall include—
(i) an assessment of methodology utilized to determine whether to establish or terminate each Joint Task Force; and
(ii) an assessment of the effectiveness of oversight over each Joint Task Force, with specificity regarding the Secretary's utilization of outcome-based or other appropriate performance metrics (established pursuant to paragraph (9)(A)(iii)) to evaluate the effectiveness of each Joint Task Force in measuring progress with respect to the mission, strategic goals, and objectives (established pursuant to paragraph (9)(A)(i)) of such Joint Task Force.
(13) Sunset
This section expires on September 30, 2024.
(c) Joint duty assignment program
After establishing the joint duty training program under subsection (b)(10), the Secretary shall establish a joint duty assignment program within the Department for the purposes of enhancing coordination in the Department and promoting workforce professional development.
(
Editorial Notes
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b)(2)(B)(i), is
Amendments
2022—Subsec. (b)(8).
Subsec. (b)(9).
Subsec. (b)(9)(A).
Subsec. (b)(9)(B).
Subsec. (b)(9)(C).
Subsec. (b)(11).
Subsec. (b)(11)(A).
Subsec. (b)(12)(A).
Subsec. (b)(12)(B).
Subsec. (b)(12)(B)(i), (ii).
"(i) an assessment of the effectiveness of the structure of each Joint Task Force; and
"(ii) recommendations for enhancements to such structure to strengthen the effectiveness of each Joint Task Force."
Subsec. (b)(13).
Statutory Notes and Related Subsidiaries
Transition Provisions
§349. Office of Strategy, Policy, and Plans
(a) In general
There is established in the Department an Office of Strategy, Policy, and Plans.
(b) Head of Office
The Office of Strategy, Policy, and Plans shall be headed by an Under Secretary for Strategy, Policy, and Plans, who shall serve as the principal policy advisor to the Secretary. The Under Secretary for Strategy, Policy, and Plans shall be appointed by the President, by and with the advice and consent of the Senate.
(c) Functions
The Under Secretary for Strategy, Policy, and Plans shall—
(1) lead, conduct, and coordinate Department-wide policy development and implementation and strategic planning;
(2) develop and coordinate policies to promote and ensure quality, consistency, and integration for the programs, components, offices, and activities across the Department;
(3) develop and coordinate strategic plans and long-term goals of the Department with risk-based analysis and planning to improve operational mission effectiveness, including consultation with the Secretary regarding the quadrennial homeland security review under
(4) manage Department leadership councils and provide analytics and support to such councils;
(5) manage international coordination and engagement for the Department;
(6) review and incorporate, as appropriate, external stakeholder feedback into Department policy; and
(7) carry out such other responsibilities as the Secretary determines appropriate.
(d) Deputy Under Secretary
(1) In general
The Secretary may—
(A) establish within the Office of Strategy, Policy, and Plans a position of Deputy Under Secretary to support the Under Secretary for Strategy, Policy, and Plans in carrying out the Under Secretary's responsibilities; and
(B) appoint a career employee to such position.
(2) Limitation on establishment of Deputy Under Secretary positions
A Deputy Under Secretary position (or any substantially similar position) within the Office of Strategy, Policy, and Plans may not be established except for the position provided for by paragraph (1), unless the Secretary receives prior authorization from Congress.
(3) Definitions
For purposes of paragraph (1)—
(A) the term "career employee" means any employee (as such term is defined in
(B) the term "political appointee" means any employee who occupies a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.
(e) Coordination by Department components
To ensure consistency with the policy priorities of the Department, the head of each component of the Department shall coordinate with the Office of Strategy, Policy, and Plans in establishing or modifying policies or strategic planning guidance with respect to each such component.
(f) Homeland Security statistics and joint analysis
(1) Homeland Security statistics
The Under Secretary for Strategy, Policy, and Plans shall—
(A) establish standards of reliability and validity for statistical data collected and analyzed by the Department;
(B) be provided by the heads of all components of the Department with statistical data maintained by the Department regarding the operations of the Department;
(C) conduct or oversee analysis and reporting of such data by the Department as required by law or as directed by the Secretary; and
(D) ensure the accuracy of metrics and statistical data provided to Congress.
(2) Transfer of responsibilities
There shall be transferred to the Under Secretary for Strategy, Policy, and Plans the maintenance of all immigration statistical information of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and United States Citizenship and Immigration Services, which shall include information and statistics of the type contained in the publication entitled "Yearbook of Immigration Statistics" prepared by the Office of Immigration Statistics, including region-by-region statistics on the aggregate number of applications and petitions filed by an alien (or filed on behalf of an alien) and denied, and the reasons for such denials, disaggregated by category of denial and application or petition type.
(g) Assistant Secretary
(1) In general
There is established within the Office of Strategy, Policy, and Plans an Assistant Secretary, who shall assist the Secretary in carrying out the duties under paragraph (2) and the responsibilities under paragraph (3). Notwithstanding
(2) Duties
At the direction of the Secretary, the Assistant Secretary established under paragraph (1) shall be responsible for policy formulation regarding matters relating to economic security and trade, as such matters relate to the mission and the operations of the Department.
(3) Additional responsibilities
In addition to the duties specified in paragraph (2), the Assistant Secretary established under paragraph (1), at the direction of the Secretary, may—
(A) oversee—
(i) coordination of supply chain policy; and
(ii) assessments and reports to Congress related to critical economic security domains;
(B) coordinate with stakeholders in other Federal departments and agencies and nongovernmental entities with trade and economic security interests, authorities, and responsibilities; and
(C) perform such additional duties as the Secretary or the Under Secretary of Strategy, Policy, and Plans may prescribe.
(4) Definitions
In this subsection:
(A) Critical economic security domain
The term "critical economic security domain" means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security of the United States.
(B) Economic security
The term "economic security" has the meaning given such term in
(h) Limitation
Nothing in this section overrides or otherwise affects the requirements specified in
(
Editorial Notes
Amendments
2022—Subsecs. (g), (h).
Statutory Notes and Related Subsidiaries
Rule of Construction
§350. Workforce health and medical support
(a) In general
The Under Secretary for Management shall be responsible for workforce-focused health and medical activities of the Department. The Under Secretary for Management may further delegate responsibility for those activities, as appropriate.
(b) Responsibilities
The Under Secretary for Management, in coordination with the Chief Medical Officer, shall—
(1) provide oversight and coordinate the medical and health activities of the Department for the human and animal personnel of the Department;
(2) establish medical, health, veterinary, and occupational health exposure policy, guidance, strategies, and initiatives for the human and animal personnel of the Department;
(3) as deemed appropriate by the Under Secretary, provide medical liaisons to the components of the Department, on a reimbursable basis, to provide subject matter expertise on occupational medical and public health issues;
(4) serve as the primary representative for the Department on agreements regarding the detail of Commissioned Corps officers of the Public Health Service of the Department of Health and Human Services to the Department, except that components of the Department shall retain authority for funding, determination of specific duties, and supervision of such detailed Commissioned Corps officers; and
(5) perform such other duties relating to the responsibilities described in this subsection as the Secretary may require.
(
§351. Employee engagement
(a) Steering committee
Not later than 120 days after December 27, 2021, the Secretary shall establish an employee engagement steering committee, including representatives from operational components, headquarters, and field personnel, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees, and chaired by the Under Secretary for Management, to carry out the following activities:
(1) Identify factors that have a negative impact on employee engagement, morale, and communications within the Department, such as perceptions about limitations on career progression, mobility, or development opportunities, collected through employee feedback platforms, including through annual employee surveys, questionnaires, and other communications, as appropriate.
(2) Identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within the Department, including through annual employee surveys, questionnaires, and other communications, as appropriate.
(3) Monitor efforts of each component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate.
(4) Advise the Secretary on efforts to improve employee engagement, morale, and communications within specific components and across the Department.
(5) Conduct regular meetings and report, not less than once per quarter, to the Under Secretary for Management, the head of each component, and the Secretary on Departmentwide efforts to improve employee engagement, morale, and communications.
(b) Action plan; reporting
The Secretary, acting through the Chief Human Capital Officer, shall—
(1) not later than 120 days after the date of the establishment of the employee engagement steering committee under subsection (a), issue a Departmentwide employee engagement action plan, reflecting input from the steering committee and employee feedback provided through annual employee surveys, questionnaires, and other communications in accordance with paragraph (1) of such subsection, to execute strategies to improve employee engagement, morale, and communications within the Department; and
(2) require the head of each component to—
(A) develop and implement a component-specific employee engagement plan to advance the action plan required under paragraph (1) that includes performance measures and objectives, is informed by employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate, and sets forth how employees and, where applicable, their labor representatives are to be integrated in developing programs and initiatives;
(B) monitor progress on implementation of such action plan; and
(C) provide to the Chief Human Capital Officer and the steering committee quarterly reports on actions planned and progress made under this paragraph.
(c) Termination
This section shall terminate on the date that is five years after December 27, 2021.
(
Statutory Notes and Related Subsidiaries
Submissions to Congress
"(1)
"(2)
§352. Annual employee award program
(a) In general
The Secretary may establish an annual employee award program to recognize Department employees or groups of employees for significant contributions to the achievement of the Department's goals and missions. If such a program is established, the Secretary shall—
(1) establish within such program categories of awards, each with specific criteria, that emphasize honoring employees who are at the nonsupervisory level;
(2) publicize within the Department how any employee or group of employees may be nominated for an award;
(3) establish an internal review board comprised of representatives from Department components, headquarters, and field personnel to submit to the Secretary award recommendations regarding specific employees or groups of employees;
(4) select recipients from the pool of nominees submitted by the internal review board under paragraph (3) and convene a ceremony at which employees or groups of employees receive such awards from the Secretary; and
(5) publicize such program within the Department.
(b) Internal review board
The internal review board described in subsection (a)(3) shall, when carrying out its function under such subsection, consult with representatives from operational components and headquarters, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees.
(c) Rule of construction
Nothing in this section may be construed to authorize additional funds to carry out the requirements of this section or to require the Secretary to provide monetary bonuses to recipients of an award under this section.
(
§353. Acquisition professional career program
(a) Establishment
There is established in the Department an acquisition professional career program to develop a cadre of acquisition professionals within the Department.
(b) Administration
The Under Secretary for Management shall administer the acquisition professional career program established pursuant to subsection (a).
(c) Program requirements
The Under Secretary for Management shall carry out the following with respect to the acquisition professional career program.1
(1) Designate the occupational series, grades, and number of acquisition positions throughout the Department to be included in the program and manage centrally such positions.
(2) Establish and publish on the Department's website eligibility criteria for candidates to participate in the program.
(3) Carry out recruitment efforts to attract candidates—
(A) from institutions of higher education, including such institutions with established acquisition specialties and courses of study, historically Black colleges and universities, and Hispanic-serving institutions;
(B) with diverse work experience outside of the Federal Government; or
(C) with military service.
(4) Hire eligible candidates for designated positions under the program.
(5) Develop a structured program comprised of acquisition training, on-the-job experience, Department-wide rotations, mentorship, shadowing, and other career development opportunities for program participants.
(6) Provide, beyond required training established for program participants, additional specialized acquisition training, including small business contracting and innovative acquisition techniques training.
(d) Reports
Not later than one year after December 27, 2021, and annually thereafter through 2027, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the acquisition professional career program. Each such report shall include the following information:
(1) The number of candidates approved for the program.
(2) The number of candidates who commenced participation in the program, including generalized information on such candidates' backgrounds with respect to education and prior work experience, but not including personally identifiable information.
(3) A breakdown of the number of participants hired under the program by type of acquisition position.
(4) A list of Department components and offices that participated in the program and information regarding length of time of each program participant in each rotation at such components or offices.
(5) Program attrition rates and post-program graduation retention data, including information on how such data compare to the prior year's data, as available.
(6) The Department's recruiting efforts for the program.
(7) The Department's efforts to promote retention of program participants.
(e) Definitions
In this section:
(1) Hispanic-serving institution
The term "Hispanic-serving institution" has the meaning given such term in
(2) Historically Black colleges and universities
The term "historically Black colleges and universities" has the meaning given the term "part B institution" in
(3) Institution of higher education
The term "institution of higher education" has the meaning given such term in
(