Summary:
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Highlights:

The Department of Homeland Security Appropriations Act, 2016 provides FY2016 appropriations for the Department of Homeland Security (DHS), including U.S. Customs and Border Protection, the U.S. Coast Guard, U.S. Immigration and Customs Enforcement, the Transportation Security Administration, the Federal Emergency Management Agency, the U.S. Secret Service, and other DHS programs.

The bill increases total funding for DHS compared to the FY2015 funding level.

Within the DHS budget, the bill increases funding above FY2015 levels for:

 Departmental Management and Operations, U.S. Customs and Border Protection, the Coast Guard, the U.S. Secret Service, the Federal Emergency Management Agency, and the Domestic Nuclear Detection Office. The bill decreases funding below FY2015 levels for:

 U.S Immigration and Customs Enforcement, the Transportation Security Administration, the Office of Health Affairs, and the Federal Law Enforcement Training Center. Also included in the bill are provisions that permit DHS to include Poland in the Visa Waiver Program, and prohibit the use of funds for the new Federal Flood Risk Management Standard.

Full Summary:

Department of Homeland Security Appropriations Act, 2016

Provides FY2016 appropriations for the Department of Homeland Security (DHS).

TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

Provides appropriations for: (1) the Office of the Secretary and Executive Management, (2) the Office of the Under Secretary for Management, (3) the Office of the Chief Financial Officer, (4) the Office of the Chief Information Officer, (5) Analysis and Operations, and (6) the Office of Inspector General.

Requires DHS to submit to Congress a comprehensive plan for implementation of the biometric entry and exit data system required by the Intelligence Reform and Terrorism Prevention Act of 2004 and a report on visa overstay data by country as required by existing laws. Withholds $13 million in funds from the Office of the Secretary and Executive Management until both the plan and the report are submitted.

Requires DHS to submit a Comprehensive Acquisition Status Report and the Future Years Homeland Security Program with the President's FY2017 budget.

TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

Provides appropriations to U.S. Customs and Border Protection (CBP) for:

 Salaries and Expenses; Automation Modernization; Border Security Fencing, Infrastructure, and Technology; Air and Marine Operations; and Construction and Facilities Management. Requires DHS to report to Congress on any changes to the five-year strategic plan for the air and marine program required by the Consolidated Appropriations Act, 2012.

Provides appropriations to U.S. Immigration and Customs Enforcement (ICE) for: (1) Salaries and Expenses, and (2) Automation Modernization.

Provides appropriations to the Transportation Security Administration (TSA) for:

 Aviation Security, Surface Transportation Security, Intelligence and Vetting, and Transportation Security Support. Requires TSA to submit reports to Congress: (1) detailing efforts to develop more advanced passenger screening technologies and deploy the existing passenger and baggage screener workforce in the most cost effective manner, and (2) updating information on a strategy to increase the number of air passengers eligible for expedited screening.

Provides appropriations to the U.S. Coast Guard for:

 Operating Expenses; Environmental Compliance and Restoration; Reserve Training; Acquisition, Construction, and Improvements; Research, Development, Test, and Evaluation; and Retired Pay. Requires the Coast Guard to submit a future-years capital investment plan to Congress.

Provides appropriations to the U.S. Secret Service for: (1) Salaries and Expenses; and (2) Acquisition, Construction, Improvements, and Related Expenses.

TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

Provides appropriations for the National Protection and Programs Directorate for:

 Management and Administration, Infrastructure Protection and Information Security, the Federal Protective Service, and the Office of Biometric Identity Management. Provides appropriations for the Office of Health Affairs, including BioWatch operations, biosurveillance, chemical defense, medical and health planning and coordination, and workforce health protection.

Provides appropriations to the Federal Emergency Management Agency (FEMA) for:

 Salaries and Expenses, State and Local Programs, Firefighter Assistance Grants, Emergency Management Performance Grants, the Radiological Emergency Preparedness Program, the U.S. Fire Administration, the Disaster Relief Fund, the Flood Hazard Mapping and Risk Analysis Program, the National Flood Insurance Fund, the National Predisaster Mitigation Fund, and Emergency Food and Shelter. Requires FEMA to submit specified reports to Congress on the Disaster Relief Fund, including the balances of appropriations, obligations for catastrophic and non-catastrophic events, and obligations and activities related to disaster relief and emergencies.

TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

Provides appropriations for U.S. Citizenship and Immigration Services (USCIS).

Provides appropriations to the Federal Law Enforcement Training Center for: (1) Salaries and Expenses; and (2) Acquisition, Construction, Improvements, and Related Expenses.

Provides appropriations for Science and Technology for: (1) Management and Administration; and (2) Research, Development, Acquisition and Operations.

Provides appropriations to the Domestic Nuclear Detection Office for: (1) Management and Administration; (2) Research, Development, and Operations; and (3) Systems Acquisition.

TITLE V--GENERAL PROVISIONS

Sets forth permissible, restricted, and prohibited uses for funds provided by this and other appropriations Acts.

(Sec. 501) Prohibits appropriations provided by this bill from remaining available for obligation beyond the current fiscal year unless expressly provided.

(Sec. 502) Permits unexpended balances of prior appropriations to be transferred and merged to new accounts and used for the same purpose, subject to reprogramming guidelines.

(Sec. 503) Sets forth restrictions, guidelines, and requirements for the reprogramming and transfer of funds provided by this bill.

(Sec. 504) Extends the authority for the DHS Working Capital Fund (WCF) and prohibits DHS from using funds to make payments to the WCF, except for activities and amounts allowed in the President's FY2016 budget. Permits funds provided to the WCF to remain available until expended and sets forth restrictions and requirements for the WCF.

(Sec. 505) Permits up to 50% of unobligated balances remaining at the end of FY2016 from appropriations for salaries and expenses to remain available through FY2017, if a request is submitted to Congress in accordance with reprogramming guidelines.

(Sec. 506) Deems funds provided by this bill for intelligence activities to be specifically authorized during FY2016 until the enactment of an Act authorizing intelligence activities for FY2016.

(Sec. 507) Requires DHS to notify Congress prior to awarding or announcing the intent to award specified grant allocations, grants, contracts, task or delivery orders, or other transaction agreements. Permits a waiver if compliance would pose a substantial risk to human life, health, or safety and DHS notifies Congress after the award is made.

(Sec. 508) Restricts the use of funds for additional law enforcement training facilities without notifying Congress in advance. Permits the Federal Law Enforcement Training Center to obtain the temporary use of additional facilities for training which cannot be accommodated in existing facilities.

(Sec. 509) Prohibits the use of funds provided by this bill for a construction, repair, alteration, or acquisition project for which a required prospectus has not been approved.

(Sec. 510) Applies provisions of the Department Homeland Security Appropriations Act, 2008 related to a contracting officer's technical representative training, disclosure of sensitive security information, and minimum federal fleet requirements to funds provided by this bill. Excludes funds provided by this or any other Act from a requirement that DHS report to Congress on documents designated as sensitive security information.

(Sec. 511) Prohibits funds provided by this bill from being used in contravention of the Buy American Act.

(Sec. 512) Prohibits funds provided by this bill from being used to amend the oath of allegiance required by the Immigration and Nationality Act.

(Sec. 513) Requires the DHS Chief Financial Officer to submit monthly budget execution and staffing reports to Congress.

(Sec. 514) Requires funds provided to TSA for Aviation Security, Administration, and Transportation Security Support for FY2004 and FY2005 that are recovered or deobligated to be used only for the procurement or installation of explosive detection, air cargo, baggage, and checkpoint screening systems.

(Sec. 515) Prohibits funds from being used for a competition for services provided by USCIS employees for Immigration Information Officers, Immigration Service Analysts, Contact Representatives, Investigative Assistants, or Immigration Services Officers.

(Sec. 516) Requires funds appropriated to the Coast Guard for FY2002-FY2006 for the 110-123 foot patrol boat conversion that are recovered, collected, or otherwise received as the result of negotiation, mediation, or litigation to be available until expended for the Fast Response Cutter program.

(Sec. 517) Classifies the functions of the Federal Law Enforcement Training Center instructor staff as inherently governmental (rather than commercial, which would require source competition) for the purposes of the Federal Activities Inventory Reform Act of 1998.

(Sec. 518) Requires the Secretary of Homeland Security to submit a report to the DHS Office of Inspector General (OIG) listing all grants and contracts awarded in FY2016 without a full and open competition. Requires the OIG to review the report for compliance with laws and regulations and submit the results to Congress.

(Sec. 519) Prohibits the USCIS from using funds provided by this bill to grant an immigration benefit to an individual unless required background checks have been completed, received by DHS, and do not preclude the granting of the benefit.

(Sec. 520) Amends the Homeland Security Act of 2002 to extend certain DHS transactional authorities for research and development projects through FY2016.

(Sec. 521) Requires DHS to link all contracts that provide award fees to successful acquisition outcomes specified in terms of cost, schedule, and performance.

(Sec. 522) Prohibits funds from being used to waive navigation and vessel inspection laws for the transportation of crude oil distributed from the Strategic Petroleum Reserve until DHS takes adequate measures to ensure the use of U.S. flag vessels.

(Sec. 523) Prohibits the CBP from using funds provided by this bill to prevent individuals from importing personal use quantities of certain prescription drugs from Canada.

(Sec. 524) Prohibits funds provided by this bill from being used to reduce the U.S. Coast Guard's Operating Systems Center mission or its government or contract staff levels.

(Sec. 525) Requires DHS to notify Congress of proposed transfers from the Department of the Treasury Forfeiture Fund to any DHS agency, and prohibits obligation of the funds until Congress approves the transfer.

(Sec. 526) Prohibits funds provided by this bill from being used for planning, testing, piloting, or developing a national identification card.

(Sec. 527) Prohibits funds provided by this bill from being used to conduct or implement the results of a competition with respect to the Coast Guard National Vessel Documentation Center, pursuant to Office of Management and Budget Circular A-76.

(Sec. 528) Requires FEMA to post on its website a report summarizing damage assessment information used to determine whether to declare a major disaster. Requires the report to be posted within 30 days after the President determines whether to declare a major disaster and any appeal is completed.

(Sec. 529) Prohibits officials from delegating this bill's requirements to report or certify to Congress unless specifically authorized by this bill.

(Sec. 530) Prohibits funds from being used to transfer or release to or within the United States, its territories, or its possessions individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

(Sec. 531) Prohibits funds provided by this bill from being used for first-class travel.

(Sec. 532) Prohibits the use of funds provided by this bill to employ workers who are unauthorized aliens under the Immigration and Nationality Act.

(Sec. 533) Permits funds provided by this bill to be used to alter operations within the Coast Guard's Civil Engineering Program. Prohibits the use of the funds to reduce operations within any Civil Engineering Unit unless authorized by statute.

(Sec. 534) Prohibits funds provided by this bill from being used to pay award or incentive fees for contractor performance that is below satisfactory or fails to meet the basic requirements of a contract.

(Sec. 535) Requires DHS to ensure that new processes for screening aviation passengers and crews consider privacy and civil liberties consistent with laws, regulations, and guidance.

(Sec. 536) Permits the USCIS to allocate specified funds from the Immigration Examinations Fee Account in FY2016 for an immigration integration grants program to provide services to individuals that have been lawfully admitted to the United States for permanent residence.

(Sec. 537) Provides appropriations to the Office of the Under Secretary for Management to remain available until expended for consolidation of the new DHS headquarters and related mission support activities. Requires DHS to submit an expenditure plan to Congress.

(Sec. 538) Prohibits DHS from entering into contracts that do not meet requirements of specified contracting laws and regulations.

(Sec. 539) Provides appropriations to remain available through FY2017 for financial systems modernization. Permits the funds to be transferred between appropriations accounts for the same purpose if Congress is notified in advance.

(Sec. 540) Permits DHS to transfer specified funds to respond to an immigration emergency if Congress is notified in advance.

(Sec. 541) Requires the CBP and ICE to submit multiyear investment and management plans for FY2016-FY2019 to Congress.

(Sec. 542) Requires DHS to ensure enforcement of all immigration laws.

(Sec. 543) Prohibits the use of funds provided by this bill for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.

(Sec. 544) Prohibits a federal law enforcement officer from using funds provided by this bill to transfer a firearm to an agent of a drug cartel unless U.S. law enforcement personnel continuously monitor or control the firearm.

(Sec. 545) Prohibits funds from being used for the National Preparedness Grant Program or successor programs unless explicitly authorized by Congress.

(Sec. 546) Prohibits funds provided by this bill from being used to fund the position of Public Advocate within ICE.

(Sec. 547) Amends the Consolidated Appropriations Act, 2014 to increase from 5 to 10 the number of reimbursable agreements the CBP is permitted to enter into with airports for services at ports of entry relating to customs, agricultural processing, border security, and immigration inspection-related matters.

(Sec. 548) Sets forth restrictions and reporting requirements for the use of funds provided by this bill to attend international conferences.

(Sec. 549) Prohibit TSA from using funds to require airport operators to provide airport-financed staffing to monitor exit points from the sterile area of any airport at which TSA provided monitoring as of December 1, 2013.

(Sec. 550) Prohibits funds provided by this bill from being used to reimburse any federal department or agency for participation in a National Special Security Event.

(Sec. 551) Prohibits funds provided by this bill from being used for new CBP air preclearance agreements entering into force after February 1, 2014, unless: (1) DHS certifies to Congress that air preclearance operations at the airport provide a homeland or national security benefit, (2) U.S. passenger air carriers are not precluded from operating at existing preclearance locations, and (3) a U.S. passenger air carrier is operating at all airports contemplated for establishment of new air preclearance operations. Exempts countries with preclearance facilities in service prior to 2013.

(Sec. 552) Permits DHS to waive specified requirements of the Federal Fire Prevention and Control Act of 1974, when make grants using funds provided for Firefighter Assistance Grants.

(Sec. 553) Prohibits DHS from collecting new border crossing fees or conducting a study related to the imposition of a border crossing fee.

(Sec. 554) Restricts DHS funds from being used to deposit any payment tendered by a surety under, or in connection with, a customs bond on an entry for which duties and interest are subject to distribution under the Continued Dumping and Subsidy Offset Act (CDSOA), into any account in the Treasury other than an unavailable receipt account.

Continues this restriction until the CBP completes a rulemaking process concerning the amendment of a specified regulation related to the allocation of late payments between the interest charge on the delinquent principal amount and payment of the delinquent principal amount.

Provides that the Commissioner of CBP is permitted to approve amendments to specified regulations to amend the order in which a payment is allocated between principal and interest.

(Sec. 555) Rescinds specified unobligated balances from the FEMA Disaster Relief Fund, excluding any amounts that were designated by Congress as an emergency requirement or for disaster relief pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985.

(Sec. 556) Provides that fees collected from passengers from Canada, Mexico, or an adjacent island, pursuant to the United States-Colombia Trade Promotion Agreement Implementation Act and the Consolidated Omnibus Budget Reconciliation Act of 1985, shall be available until expended.

(Sec. 557) Prohibits the use of funds to prepare proposals for the President's budget that assume savings from certain user fee proposals without identifying additional spending reductions that should occur if the proposals are not enacted.

(Sec. 558) Prohibits funds from being used for Executive Order 13690 (Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input).

(Sec. 559) Permits DHS to propose the reprogramming or transfer of specified funds to the Coast Guard for the Offshore Patrol Cutter Project, subject to the approval of Congress.

(Sec. 560) Prohibits funds from being used for structural pay reform that affects more than 100 full-time equivalent employee positions or costs more than $5 million in a single year without notifying Congress in advance.

(Sec. 561) Requires agencies receiving funds in this bill to post reports required to be submitted to Congress on the public website of the agency if it serves the national interest. Provides exceptions for national security or proprietary information.

(Sec. 562) Rescinds specified funds that were transferred to the Disaster Assistance Direct Loan Program pursuant to the Community Disaster Loan Act of 2005.

(Sec. 563) Requires FEMA to transfer specified funds from the Disaster Assistance Direct Loan Program to the Disaster Relief Fund.

(Sec. 564) Prohibits funds provided by this bill from being used to sustain domestic prosecutions based on the Arms Trade Treaty, or to implement the Treaty, until the Senate ratifies the Treaty and Congress adopts implementing legislation.

(Sec. 565) Rescinds specified amounts from several DHS accounts and programs.

(Sec. 566) Rescinds specified unobligated balances from the Department of the Treasury Forfeiture Fund.

(Sec. 567) Permits DHS to designate Poland as program country under the visa waiver program established under the Immigration and Nationality Act.

measure amended introduced summary expanded action occurred measure department_of_homeland_security appropriations act provides fy2016 appropriations department_of_homeland_security dhs including customs border_protection coast_guard immigration customs enforcement transportation_security_administration federal_emergency_management_agency secret_service dhs programs bill increases total funding dhs compared fy2015 funding level dhs budget bill increases funding fy2015 levels departmental management operations customs border_protection coast_guard secret_service federal_emergency_management_agency domestic nuclear detection office bill decreases funding fy2015 levels immigration customs enforcement transportation_security_administration office health affairs federal_law_enforcement_training_center included bill provisions permit dhs include poland visa waiver program prohibit use funds new federal flood risk management standard summary department_of_homeland_security appropriations act provides fy2016 appropriations department_of_homeland_security dhs title departmental management operations provides appropriations office_of_the_secretary executive management office secretary management office chief financial officer office chief information officer analysis operations office_of_inspector_general requires dhs submit congress comprehensive plan implementation biometric entry exit data system required intelligence_reform_and_terrorism_prevention_act report visa overstay data country required existing laws withholds million funds office_of_the_secretary executive management plan report submitted requires dhs submit comprehensive acquisition status report future years homeland_security program president fy2017 budget title security enforcement investigations provides appropriations customs border_protection cbp salaries expenses automation modernization border_security fencing infrastructure technology air marine operations construction facilities management requires dhs report congress changes year strategic plan air marine program required consolidated_appropriations_act provides appropriations immigration customs enforcement ice salaries expenses automation modernization provides appropriations transportation_security_administration tsa aviation security surface_transportation security intelligence vetting transportation security support requires tsa submit reports congress detailing efforts develop advanced passenger screening technologies deploy existing passenger baggage screener workforce cost effective manner updating information strategy increase number air passengers eligible expedited screening provides appropriations coast_guard operating expenses environmental compliance restoration reserve training acquisition construction improvements research development test evaluation retired pay requires coast_guard submit future years capital investment plan congress provides appropriations secret_service salaries expenses acquisition construction improvements related expenses title iii protection preparedness response recovery provides appropriations national protection programs directorate management administration infrastructure protection information security federal_protective_service office biometric identity management provides appropriations office health affairs including operations chemical defense medical health planning coordination workforce health protection provides appropriations federal_emergency_management_agency fema salaries expenses state local programs firefighter assistance grants emergency management performance grants radiological emergency preparedness program fire administration disaster relief fund flood hazard mapping risk analysis program national flood insurance fund national mitigation fund emergency food shelter requires fema submit specified reports congress disaster relief fund including balances appropriations obligations catastrophic non catastrophic events obligations activities related disaster relief emergencies title research development training services provides appropriations citizenship_and_immigration_services uscis provides appropriations federal_law_enforcement_training_center salaries expenses acquisition construction improvements related expenses provides appropriations science_and_technology management administration research development acquisition operations provides appropriations domestic nuclear detection office management administration research development operations systems acquisition title general_provisions sets forth permissible restricted prohibited uses funds provided appropriations acts sec prohibits appropriations provided bill remaining available obligation current fiscal year expressly provided sec permits unexpended balances prior appropriations transferred merged new accounts purpose subject reprogramming guidelines sec sets forth restrictions guidelines requirements reprogramming transfer funds provided bill sec extends authority dhs working capital_fund prohibits dhs funds payments activities amounts allowed president fy2016 budget permits funds provided remain available expended sets forth restrictions requirements sec permits unobligated balances remaining end fy2016 appropriations salaries expenses remain available fy2017 request submitted congress accordance reprogramming guidelines sec deems funds provided bill intelligence activities specifically authorized fy2016 enactment act authorizing intelligence activities fy2016 sec requires dhs notify congress prior awarding announcing intent award specified grant allocations grants contracts task delivery orders transaction agreements permits waiver compliance pose substantial risk human life health safety dhs notifies congress award sec restricts use funds additional law enforcement training facilities notifying congress advance permits federal_law_enforcement_training_center obtain temporary use additional facilities training accommodated existing facilities sec prohibits use funds provided bill construction repair alteration acquisition project required prospectus approved sec applies provisions department homeland_security appropriations act related contracting officer technical representative training disclosure sensitive security information minimum federal fleet requirements funds provided bill excludes funds provided act requirement dhs report congress documents designated sensitive security information sec prohibits funds provided bill contravention buy_american_act sec prohibits funds provided bill amend oath allegiance required immigration_and_nationality_act sec requires dhs chief financial officer submit monthly budget execution staffing reports congress sec requires funds provided tsa aviation security administration transportation security support fy2004 recovered procurement installation explosive detection air cargo baggage checkpoint screening systems sec prohibits funds competition services provided uscis employees immigration information officers immigration service analysts contact representatives investigative assistants immigration services officers sec requires funds appropriated coast_guard fy2006 foot patrol boat conversion recovered collected received result negotiation mediation litigation available expended fast response cutter program sec classifies functions federal_law_enforcement_training_center instructor staff inherently governmental commercial require source competition purposes federal activities inventory reform_act sec requires secretary homeland_security submit report dhs office_of_inspector_general listing grants contracts awarded fy2016 open competition requires review report compliance laws regulations submit results congress sec prohibits uscis funds provided bill grant immigration benefit individual required background checks completed received dhs preclude granting benefit sec amends homeland_security act extend certain dhs transactional authorities research development projects fy2016 sec requires dhs link contracts provide award fees successful acquisition outcomes specified terms cost schedule performance sec prohibits funds waive navigation vessel inspection laws transportation crude oil distributed strategic_petroleum_reserve dhs takes adequate measures ensure use flag vessels sec prohibits cbp funds provided bill prevent individuals importing personal use quantities certain prescription drugs canada sec prohibits funds provided bill reduce coast_guard operating systems center mission government contract staff levels sec requires dhs notify congress proposed transfers department_of_the_treasury forfeiture fund dhs agency prohibits obligation funds congress approves transfer sec prohibits funds provided bill planning testing developing national identification card sec prohibits funds provided bill conduct implement results competition respect coast_guard national vessel documentation center pursuant office_of_management_and_budget circular a-76 sec requires fema post website report summarizing damage assessment information determine declare major disaster requires report posted days president determines declare major disaster appeal completed sec prohibits officials delegating bill requirements report certify congress specifically authorized bill sec prohibits funds transfer release united_states territories possessions individuals detained united_states_naval_station guantanamo_bay cuba sec prohibits funds provided bill class travel sec prohibits use funds provided bill employ workers unauthorized aliens immigration_and_nationality_act sec permits funds provided bill alter operations coast_guard civil engineering program prohibits use funds reduce operations civil engineering unit authorized statute sec prohibits funds provided bill pay award incentive fees contractor performance satisfactory fails meet basic requirements contract sec requires dhs ensure new processes screening aviation passengers crews consider privacy civil liberties consistent laws regulations guidance sec permits uscis allocate specified funds immigration_examinations_fee_account fy2016 immigration integration grants program provide services individuals lawfully admitted united_states permanent residence sec provides appropriations office secretary management remain available expended consolidation new dhs headquarters related mission support activities requires dhs submit expenditure plan congress sec prohibits dhs entering contracts meet requirements specified contracting laws regulations sec provides appropriations remain available fy2017 financial systems modernization permits funds transferred appropriations accounts purpose congress notified advance sec permits dhs transfer specified funds respond immigration emergency congress notified advance sec requires cbp ice submit multiyear investment management plans fy2016 fy2019 congress sec requires dhs ensure enforcement immigration laws sec prohibits use funds provided bill computer network pornography blocked exception law enforcement prosecution adjudication activities sec prohibits federal law enforcement officer funds provided bill transfer firearm agent drug cartel law enforcement personnel continuously monitor control firearm sec prohibits funds national preparedness grant program successor programs explicitly authorized congress sec prohibits funds provided bill fund position public advocate ice sec amends consolidated_appropriations_act increase number reimbursable agreements cbp permitted enter airports services ports entry relating customs agricultural processing border_security immigration inspection related matters sec sets forth restrictions reporting requirements use funds provided bill attend international conferences sec prohibit tsa funds require airport operators provide airport financed staffing monitor exit points sterile area airport tsa provided monitoring december sec prohibits funds provided bill reimburse federal department agency participation national special security event sec prohibits funds provided bill new cbp air preclearance agreements entering force february dhs certifies congress air preclearance operations airport provide homeland national security benefit passenger air carriers precluded operating existing preclearance locations passenger air carrier operating airports contemplated establishment new air preclearance operations exempts countries preclearance facilities service prior sec permits dhs waive specified requirements federal_fire_prevention control act grants funds provided firefighter assistance grants sec prohibits dhs collecting new border crossing fees conducting study related imposition border crossing fee sec restricts dhs funds deposit payment surety connection customs bond entry duties interest subject distribution continued dumping subsidy offset act account treasury unavailable receipt account continues restriction cbp completes rulemaking process concerning amendment specified regulation related allocation late payments interest charge delinquent principal payment delinquent principal provides commissioner cbp permitted approve amendments specified regulations amend order payment allocated principal interest sec rescinds specified unobligated balances fema disaster relief fund excluding amounts designated congress emergency requirement disaster relief pursuant balanced_budget emergency deficit control act sec provides fees collected passengers canada mexico adjacent island pursuant united_states colombia trade promotion agreement implementation act consolidated_omnibus_budget_reconciliation_act shall available expended sec prohibits use funds prepare proposals president budget assume savings certain user fee proposals identifying additional spending reductions occur proposals enacted sec prohibits funds executive order establishing federal flood risk management standard process soliciting considering stakeholder input sec permits dhs propose reprogramming transfer specified funds coast_guard offshore patrol cutter project subject approval congress sec prohibits funds structural pay reform affects time equivalent employee positions costs million single year notifying congress advance sec requires agencies receiving funds bill post reports required submitted congress public website agency serves national interest provides exceptions national security proprietary information sec rescinds specified funds transferred disaster assistance direct_loan program pursuant community disaster loan act sec requires fema transfer specified funds disaster assistance direct_loan program disaster relief fund sec prohibits funds provided bill sustain domestic prosecutions based arms trade treaty implement treaty senate ratifies treaty congress adopts implementing legislation sec rescinds specified amounts dhs accounts programs sec rescinds specified unobligated balances department_of_the_treasury forfeiture fund sec permits dhs designate poland program country visa waiver program established immigration_and_nationality_act


Summary:
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

DHS IT Duplication Reduction Act of 2015

(Sec. 2) This bill directs the Chief Information Officer of the Department of Homeland Security (DHS) to report on:

 the number of information technology systems at DHS; the number of such systems exhibiting duplication or fragmentation (i.e., where there are two or more systems or programs that deliver similar functionality to similar user populations); a strategy for reducing such duplicative systems, including an assessment of potential cost savings; and a methodology for determining which system should be eliminated when there is duplication or fragmentation.

measure amended introduced summary expanded action occurred measure dhs duplication reduction act sec bill directs chief information officer department_of_homeland_security dhs report number information technology systems dhs number systems exhibiting duplication fragmentation systems programs deliver similar functionality similar user populations strategy reducing duplicative systems including assessment potential cost savings methodology determining system eliminated duplication fragmentation


Summary:
(This measure has not been amended since it was reported to the Senate on March 14, 2016. The summary of that version is repeated here.)

Department of Homeland Security Headquarters Consolidation Accountability Act of 2015

(Sec. 2) This bill directs the Department of Homeland Security (DHS), in coordination with the General Services Administration (GSA), to submit information on the implementation of the enhanced plan for the DHS headquarters consolidation project within the National Capital Region, approved by the Office of Management and Budget and included in the budget of the President for FY2016, that includes:

 a proposed occupancy plan that includes specific information about which DHS-wide operations, component operations, and support offices will be located at the site, the aggregate number of full time equivalent employees projected to occupy the site, the seat-to-staff ratio at the site, and schedule estimates for migrating operations to the site; a comprehensive assessment of the difference between the current real property and facilities needed by DHS in the Region to carry out its mission and its future needs; an analysis of the difference between the current and needed capital assets and facilities of DHS; a current plan for construction of the headquarters consolidation at the St. Elizabeths campus that includes the estimated costs and schedule for the current plan and any estimated cost savings associated with reducing the scope of the project and increasing the use of existing capacity developed under the project; a current plan for the leased portfolio of DHS in the Region that includes an end-state vision that identifies which DHS-wide operations, component operations, and support offices do not migrate to the St. Elizabeths campus and continue to operate at a property in the leased portfolio, the number of full-time equivalent employees who are expected to operate at each property, component, or office for each year until the consolidation project is completed, the anticipated total rentable square feet leased per year between the date of this Act's enactment and the date on which the consolidation project is completed, and the timing and anticipated lease terms for leased space; and an analysis that identifies the costs and benefits of leasing and construction alternatives for the remainder of the consolidation project, including a comparison of the long-term cost that would result from leasing to the cost of consolidating functions on government-owned space and the identification of any cost impacts in terms of premiums for short-term lease extensions or holdovers due to the uncertainty of funding for, or delays in, completing construction required for the consolidation. The bill directs the Government Accountability Office to evaluate the quality and reliability of the cost and schedule estimates submitted and report on the results.

measure amended reported senate march summary version repeated department_of_homeland_security headquarters consolidation accountability_act sec bill directs department_of_homeland_security dhs coordination general_services_administration gsa submit information implementation enhanced plan dhs headquarters consolidation project national_capital_region approved office_of_management_and_budget included budget president fy2016 includes proposed occupancy plan includes specific information dhs wide operations component operations support offices located site aggregate number time equivalent employees projected occupy site seat staff ratio site schedule estimates operations site comprehensive assessment difference current real property facilities needed dhs region carry mission future needs analysis difference current needed capital assets facilities dhs current plan construction headquarters consolidation campus includes estimated costs schedule current plan estimated cost savings associated reducing scope project increasing use existing capacity developed project current plan leased portfolio dhs region includes end state vision identifies dhs wide operations component operations support offices campus continue operate property leased portfolio number time equivalent employees expected operate property component office year consolidation project completed anticipated total square feet leased year date act enactment date consolidation project completed timing anticipated lease terms leased space analysis identifies costs benefits leasing construction alternatives remainder consolidation project including comparison long term cost result leasing cost consolidating functions government owned space identification cost impacts terms premiums short term lease extensions uncertainty funding delays completing construction required consolidation bill directs government_accountability_office evaluate quality reliability cost schedule estimates submitted report results


Summary:
Federal Information Security Management Reform Act of 2015

Requires the Department of Homeland Security (DHS), in administering federal agencies' implementation of information system security policies, to: (1) operate consolidated intrusion detection, prevention, or protective capabilities and use of associated countermeasures to protect agency information and systems from security threats; (2) provide incident detection, analysis, mitigation, and response information and remote or onsite technical assistance; (3) develop and conduct impact assessments in consultation with other agencies and private entities; (4) foster development of technologies for use across multiple agencies in conjunction with other agencies and the private sector; and (5) coordinate such information security policies with standards for national security systems and policies issued by the Department of Defense (DOD) and the Director of National Intelligence.

 Authorizes the DHS Secretary to acquire, intercept, retain, use, and disclose communications and system traffic transiting to or from or stored on agency information systems and deploy countermeasures if the Secretary certifies that: (1) the measures are reasonably necessary to protect agency information systems from security threats; (2) content of communications will not be retained, and traffic will not be subject to countermeasures, unless associated with a known or reasonably suspected information security threat; (3) the information will be used for law enforcement purposes only with the Attorney General's approval when the information is evidence of a crime; (4) system users have been notified of the potential for such an acquisition or disclosure; and (5) the procedures have been approved by the Attorney General.

Allows agency heads to disclose such information to the Secretary notwithstanding any other law that would otherwise restrict or prevent such disclosures. Provides liability protections to private entities authorized to assist the Secretary for such purposes.

Authorizes the Secretary to: (1) issue a directive to an agency to take any lawful action with respect to the operation of a system that maintains agency information in response to a known or reasonably suspected information security threat, vulnerability, or incident that represents a substantial threat to an agency's information security; or (2) authorize, without prior consultation with the affected agency, the use of protective capabilities under the Secretary's control if there is an imminent threat and a directive is unlikely to be timely.

Exempts DOD and the intelligence community from such procedures.

federal information security management reform_act requires department_of_homeland_security dhs administering federal agencies implementation information system security policies operate consolidated intrusion detection prevention protective capabilities use associated countermeasures protect agency information systems security threats provide incident detection analysis mitigation response information remote onsite technical assistance develop conduct impact assessments consultation agencies private entities foster development technologies use multiple agencies conjunction agencies private sector coordinate information security policies standards national security systems policies issued department_of_defense dod director national_intelligence authorizes dhs secretary acquire intercept retain use disclose communications system traffic transiting stored agency information systems deploy countermeasures secretary certifies measures reasonably necessary protect agency information systems security threats content communications retained traffic subject countermeasures associated known reasonably suspected information security threat information law enforcement purposes attorney general approval information evidence crime system users notified potential acquisition disclosure procedures approved attorney general allows agency heads disclose information secretary notwithstanding law restrict prevent disclosures provides liability protections private entities authorized assist secretary purposes authorizes secretary issue directive agency lawful action respect operation system maintains agency information response known reasonably suspected information security threat vulnerability incident represents substantial threat agency information security authorize prior consultation affected agency use protective capabilities secretary control imminent threat directive unlikely timely exempts dod intelligence_community procedures


Summary:
Critical Infrastructure Protection Act of 2016 or the CIPA

(Sec. 2) This bill amends the Homeland Security Act of 2002 to add as responsibilities of the Secretary of Homeland Security (DHS) relating to intelligence and analysis and infrastructure protection: (1) conducting an intelligence-based review and comparison of the risk and consequences to critical infrastructures of threats and hazards, including a geomagnetic disturbance (GMD) caused by a solar storm or another naturally occurring phenomenon and an electromagnetic pulse (EMP) caused by a nuclear device or non-nuclear device, including such a pulse caused by an act of terrorism; and (2) submitting and biennially updating a recommended strategy to protect and prepare the critical infrastructure of the American homeland against such threats.

The strategy: (1) shall be developed in consultation with the relevant federal sector-specific agencies and coordinating councils for critical infrastructures, and (2) may be incorporated into a broader DHS recommendation to help protect and prepare critical infrastructure from terrorism, cyber attacks, and other threats and hazards.

The Under Secretary for Science and Technology shall conduct research and development to mitigate the consequences of EMP and GMD threats, including:

 an objective scientific analysis of the risks to critical infrastructures from a range of such threats; determination of the critical utilities and national security assets and infrastructures that are at risk from such threats; an evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack; an analysis of available technology options to improve the resiliency of critical infrastructure to such threats; research regarding the restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from such threats; and an analysis of the feasibility of a real-time alert system to inform electric grid operators and other stakeholders within milliseconds of a high-altitude nuclear explosion. The bill requires the Secretary to: (1) develop an incident annex or similar response and planning strategy that guides the response to a major GMD or EMP event; and (2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers at all levels of government regarding EMP and GMD threats.

The Secretary shall submit a report to Congress within 180 days on the progress made in, and an estimated completion date for: (1) including threats of EMP and GMD in national planning; (2) conducting the research and development, and developing the strategy, required under this bill; and (3) beginning to conduct outreach to educate emergency planners and emergency response providers at all levels of government regarding EMP and GMD threats.

critical infrastructure protection act sec bill amends homeland_security act add responsibilities secretary homeland_security dhs relating intelligence analysis infrastructure protection conducting intelligence based review comparison risk consequences critical infrastructures threats hazards including disturbance caused solar storm naturally occurring electromagnetic pulse emp caused nuclear device non nuclear device including pulse caused act terrorism submitting biennially updating recommended strategy protect prepare critical infrastructure american homeland threats strategy shall developed consultation relevant federal sector specific agencies coordinating councils critical infrastructures incorporated broader dhs recommendation help protect prepare critical infrastructure terrorism cyber attacks threats hazards secretary science_and_technology shall conduct research development mitigate consequences emp threats including objective scientific analysis risks critical infrastructures range threats determination critical utilities national security assets infrastructures risk threats evaluation emergency planning response technologies address findings recommendations experts including commission assess threat united_states electromagnetic pulse attack analysis available technology options improve resiliency critical infrastructure threats research restoration recovery capabilities critical infrastructure levels damage disruption threats analysis feasibility real time alert system inform electric grid operators stakeholders high altitude nuclear explosion bill requires secretary develop incident annex similar response planning strategy guides response major emp event conduct outreach educate owners operators critical infrastructure emergency planners emergency response providers levels government emp threats secretary shall submit report congress days progress estimated completion date including threats emp national planning conducting research development developing strategy required bill beginning conduct outreach educate emergency planners emergency response providers levels government emp threats


Summary:
National Biodefense Strategy Act of 2016

(Sec. 2) This bill amends the Homeland Security Act of 2002 to direct the President to:

 develop, submit, and periodically update a National Biodefense Strategy to direct and align federal efforts toward an effective and continuously improving biodefense enterprise, including threat awareness, prevention and protection, surveillance and detection, and response and recovery to major biological incidents; establish a Biodefense Coordination Council to provide the expertise necessary to develop the strategy and which shall align government biodefense activities and spending in a manner consistent with the strategy; and report annually on total federal agency expenditures on biodefense activities and how the expenditures relate to strategy goals and priorities. The strategy shall serve as a comprehensive guide for U.S. biodefense and shall include:

 a comprehensive description of the entities and leadership positions responsible for implementing, overseeing, and coordinating federal biodefense activities; five-year goals, priorities, and metrics to improve and strengthen the government's ability to prevent, detect, respond to, and recover from a major biological incident; research and development projects or initiatives planned to improve biodefense capability; and recommendations for legislative action. The strategy shall also include an appendix, which shall contain:

 a review of collaborative efforts between the Armed Forces and the civilian sector of the government on biodefense activities and coordination; and a detailed analyses of recommendations issued by external biodefense review commissions, lessons learned from the government response to public health emergencies within the preceding five years, major biological incident risks, resources and capabilities needed to address identified risks, resource and capability gaps in the biodefense enterprise, and prioritization and allocation of investment across the biodefense enterprise.

national biodefense strategy act sec bill amends homeland_security act direct president develop submit periodically update national biodefense strategy direct align federal efforts effective continuously improving biodefense enterprise including threat awareness prevention protection surveillance detection response recovery major biological incidents establish biodefense coordination council provide expertise necessary develop strategy shall align government biodefense activities spending manner consistent strategy report annually total federal agency expenditures biodefense activities expenditures relate strategy goals priorities strategy shall serve comprehensive guide biodefense shall include comprehensive description entities leadership positions responsible implementing overseeing coordinating federal biodefense activities year goals priorities metrics improve strengthen government ability prevent detect respond recover major biological incident research development projects initiatives planned improve biodefense capability recommendations legislative action strategy shall include appendix shall contain review collaborative efforts armed_forces civilian sector government biodefense activities coordination detailed analyses recommendations issued external biodefense review commissions lessons learned government response public health emergencies preceding years major biological incident risks resources capabilities needed address identified risks resource capability gaps biodefense enterprise prioritization allocation investment biodefense enterprise


Summary:
DHS Accountability Act of 2016

 TITLE I--DEPARTMENT MANAGEMENT AND COORDINATION

 (Sec. 101) This bill amends the Homeland Security Act of 2002 to make the Department of Homeland Security's (DHS's) Under Secretary for Management: (1) the first assistant to the Deputy Secretary of Homeland Security, thereby requiring the Under Secretary to perform as the acting Deputy Secretary if the Deputy Secretary dies, resigns, or is unable to perform; and (2) the acting DHS Secretary if by reason of absence, disability, or vacancy in office, neither the DHS Secretary nor Deputy Secretary is available to exercise the Secretary's duties.

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

DHS may designate other officers in further order of succession to serve as acting Secretary and must notify Congress of any vacancies in senior positions.

 The Under Secretary for Management's responsibilities for management integration and transformation (consistent and consolidated functions for information technology, financial management, acquisition management, logistics and material resource management, asset security, and human capital management) are expanded to include each DHS functional management discipline within the development of: (1) centralized data sources and connectivity of information systems, (2) standardized and automated management information, and (3) program management and regular oversight mechanisms. The DHS transition and succession plan for new presidential administrations must be made available to Congress.

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

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

(Sec. 102) DHS may: (1) establish leadership councils to ensure coordination among DHS leadership, and (2) direct development of joint operational plans.

A Joint Requirements Council of senior officials is established to: (1) identify and validate joint requirements and capabilities that multiple DHS components or task forces must possess in their systems or services to satisfy contractual or other formally imposed requirements; (2) ensure efficiencies among life-cycle schedules, performance objectives, and procurement quantities; and (3) make prioritized capability recommendations for such joint requirements. DHS must ensure that the Future Years Homeland Security Program is consistent with the council's recommendations.

 DHS may establish joint task forces to coordinate with foreign governments and other federal, state, or local agencies to maintain situational awareness of: (1) unlawful cross-border trafficking and crossings, and (2) operational capabilities for continuous and integrated surveillance of U.S. borders. Joint task forces may also be established for: (1) coordination of U.S. land and maritime borders; (2) cybersecurity; and (3) prevention, preparation, and response to other homeland security matters.

For each joint task force, the director and deputy director must be from different DHS offices or components. DHS must report annually on each task force's: (1) total funding, personnel, and resources allocated from each DHS component; and (2) effectiveness using outcome-based performance metrics.

 DHS must establish a joint duty training program to coordinate workforce professional development and improve task force joint operations. The program must address national security strategy, strategic and contingency planning, command and control of operations under joint command, international engagement, all the governmental and nongovernmental entities involved in the homeland security enterprise, interagency collaboration, and leadership.

DHS must notify Congress of the formation of joint task forces, but DHS may waive the notice requirement in an emergency that imminently threatens the protection of human life or property. The DHS inspector general must report to Congress with an evaluation of joint task forces.

DHS may not establish a joint task force to coordinate operations for a major disaster or emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act or an incident for which the Federal Emergency Management Agency (FEMA) has primary responsibility.

(Sec. 103) The National Operations Center's current role in providing situational awareness to federal, state, and local governments about events of terrorism and other natural or man-made disasters is expanded to include threats and incidents of such events. The center must also: (1) provide information to the private sector and international partners, and (2) enter information sharing agreements with other federal operations centers and homeland security partners. Each federal agency must provide the center with timely information about: (1) events, threats, and incidents; and (2) the status and potential vulnerability of U.S. critical infrastructure and key resources. DHS must replace the center's fire service representative with a representative of state and local emergency responders.

(Sec. 104) DHS must establish a Homeland Security Advisory Council.

(Sec. 105) An Office of Strategy, Policy, and Plans (OSPP) is established to: (1) coordinate DHS strategic plans and long-term goals, (2) conduct DHS's quadrennial homeland security review, (3) manage and provide analytics to DHS leadership councils, and (4) establish standards for DHS statistical data. The bill transfers from the Under Secretary for Management to the OSPP the responsibility to maintain immigration statistical information of the U.S. Customs and Border Protection (CBP) and the U.S. Citizenship and Immigration Services.

(Sec. 106) An Office for Partnerships Against Violent Extremism is established to lead DHS efforts to counter violent extremism by:

 partnering with communities to address vulnerabilities that can be exploited by violent extremists; working with civil society groups to counter propaganda or recruitment; developing a digital engagement strategy that utilizes Internet and social media platforms; entering cooperative agreements state, local, tribal, and federal agencies and disseminating information to nongovernmental partners; coordinating with the Department of State on international violent extremism; and coordinating with FEMA on guidance for the use of terrorism protection grants to state, local, and tribal governments to counter violent extremism. DHS must submit a comprehensive DHS strategy to counter violent extremism in the United States. In developing the strategy, DHS must consider efforts to: (1) increase support for programs and initiatives of other governmental, nongovernmental, and foreign partners; and (2) disseminate resources and training guidance to local law enforcement agencies and the general public.

The Assistant Secretary must submit annual reports on DHS programs and policies to counter violent extremism, including its assistance to other agencies and an accounting of its awarded grants, cooperative agreements, and training. The Office for Civil Rights and Civil Liberties shall conduct annual reviews to ensure that these activities respect the privacy, civil rights, and civil liberties of all persons.

FEMA's grants that assist high-risk urban areas and state, local, and tribal governments in protecting against terrorism may not be used to support any organization or group that: (1) has knowingly or recklessly funded domestic or international terrorism, or (2) is known to engage in or recruit for such activities.

This section shall be repealed seven years after enactment of this bill.

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

(Sec. 201) DHS must submit to Congress: (1) a review of its international affairs offices and functions to eliminate unnecessary duplication; and (2) an action plan to address duplication, fragmentation, overlap, and opportunities for cost savings and revenue enhancement identified by the GAO.

(Sec. 202) DHS must submit an information technology strategic plan to: (1) align budget priorities; (2) estimate dates for the elimination of unnecessarily duplicative, legacy, or outdated technology; (3) list projects and completion dates; (4) identify high risk projects and cybersecurity risks; and (5) maximize the use and purchase of commercial off-the-shelf products.

(Sec. 203) DHS must conduct an inventory of its software licenses to bring the number of licenses into balance with DHS's needs.

(Sec. 204) The DHS Chief Human Capital Officer must report to the Under Secretary for Management and develop strategic workforce planning policies, performance measures, compensation flexibilities for employee recruitment and retention, training opportunities, career path frameworks, and methods to eliminate duplicative or unnecessary human capital policies.

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

(Sec. 205) If the DHS Secretary, an administrative law judge, the Merit Systems Protections Board, the Office of Special Counsel, an adjudicating body under a union contract, a federal judge, or the DHS inspector general determines that a DHS supervisor committed certain prohibited personnel actions against a DHS employee whistleblower, DHS shall propose a minimum 12-day suspension for a first violation or removal for a second violation. DHS must carry out the suspension or removal if, after providing the supervisor an opportunity to answer and furnish evidence, DHS determines that such evidence is insufficient to reverse the proposed suspension or removal.

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

(Sec. 206) The Under Secretary for Management must submit to Congress a report that: (1) recommends adjustments in DHS management and administration that would reduce deficiencies, reduce costs, and enhance efficiencies; and (2) examines whether unnecessary duplication, overlap, or fragmentation exists among DHS components, the Office of Personnel Management (OPM), and the GSA.

(Sec. 207) The bill abolishes the position of Director of Shared Services and the Office of Counternarcotics Enforcement.

TITLE III--DEPARTMENT TRANSPARENCY AND ASSESSMENTS

(Sec. 301) DHS's immigration functions report must address: (1) the number of persons known to have overstayed the terms of their visa, by visa type; (2) the estimated percentage of persons believed to have overstayed their visa, by visa type; and (3) immigration enforcement actions.

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

DHS shall: (1) make data related to apprehensions, inadmissible aliens, drug seizures, and other enforcement actions available to the public, academic research, and law enforcement communities in accordance with applicable privacy laws; (2) provide DHS's Office of Immigration Statistics with unfettered access to the data; (3) submit an annual report containing such metrics and the data and methodology used to develop such metrics to Congress and the GAO; and (4) after submitting its final report, evaluate and update such metrics to ensure that they meet DHS's performance management needs and are suitable to measure the effectiveness of border security. The GAO shall submit biennial reports analyzing and making recommendations regarding the suitability and statistical validity of the data and methodology contained in such DHS reports.

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

(Sec. 302) DHS must submit annual mitigation plans in response to reports by the Under Secretary for Intelligence and Analysis, and recommendations of the DHS inspector general, regarding current threats to homeland security and DHS's capability to address those threats.

(Sec. 303) FEMA must report on the feasibility of gathering data and providing information to Congress on the use of federal grant awards, for expenditures of more than $5,000, by state, local, and tribal governments and high-risk urban areas that receive federal grants to protect against terrorism under the Urban Area Security Initiative and the State Homeland Security Grant Program.

(Sec. 304) DHS must post on its public website a list of each: (1) research and development (R&D) project that is not classified, and (2) task order for a Federally Funded Research and Development Center or a university-based center of excellence not associated with an R&D project. DHS may exclude from such list, but must provide to Congress, any controlled unclassified information regarding projects or task orders that would jeopardize operational security. For each R&D project that has transitioned to practice, the Under Secretary of Science and Technology must develop and track indicators to demonstrate the uptake of the technology among customers or end-users.

(Sec. 305) DHS and the Department of Agriculture (USDA) must report on the status of construction of the National Bio and Agro-Defense Facility to be the successor to the Plum Island Animal Disease Center. The GAO must report on the project's schedule estimates and budgeting.

(Sec. 307) The DHS inspector general must: (1) audit DHS's award of grants and procurement contracts, and (2) review DHS's suspension and debarment program.

(Sec. 307) DHS's Future Years Homeland Security Program submitted after the President's annual budget submission must project: (1) acquisition estimates for the fiscal year for which the budget is submitted and the four succeeding fiscal years for all major DHS acquisitions; and (2) estimated annual deployment schedules for all physical asset major acquisitions over that five-fiscal-year period and the full operating capability for all information technology major acquisitions.

(Sec. 308) In each quadrennial homeland security review, DHS must identify redundant, wasteful, or unnecessary capabilities and capacities from which resources can be redirected. The report regarding the review must: (1) describe efforts to build capacity of states, local governments, Indian tribes, territories, private entities, individuals, and communities; and (2) propose changes to DHS's authorities, organization, governance structure, or business processes to better fulfill its responsibilities.

(Sec. 309) The bill repeals reporting requirements of:

 USDA and the Department of the Interior on illegal drug cultivation on federal lands; DHS and the Department of Defense (DOD) on drug seizures and the number of air and maritime patrol hours dedicated to drug supply reduction; and the Department of Justice (DOJ) on drug violation arrests, prosecutions, and seizures. The bill changes from annual to biennial the requirement for: (1) the Domestic Nuclear Detection Office to report on U.S. nuclear forensic and attribution capabilities, the National Technical Nuclear Forensics Center, and the National Nuclear Forensics Expertise Development Program; (2) DHS, DOJ, the State Department, DOD, the Department of Energy, and the Director of National Intelligence to ensure that agencies review their global nuclear detection architecture.

TITLE IV--MISCELLANEOUS

Administrative Leave Act of 2016

(Sec. 401) This title expresses the sense of Congress that federal agency use of administrative leave for personnel purposes has exceeded reasonable amounts.

The title: (1) prohibits an agency from placing an employee in administrative leave for more than five consecutive days; (2) requires agencies to record administrative leave separately from other types of leave; (3) requires the OPM to prescribe regulations with respect to acceptable agency uses of, and proper recording of, administrative leave and other leave authorized by law; (4) directs agencies to revise and implement their internal policies to meet the requirements of this title; and (5) requires the OPM to report on agency use of administrative leave.

 In lieu of administrative leave, agencies may place an employee in investigative or notice leave if the employee is under investigation or the target of an adverse action, but only if the continued presence of the employee in the workplace may pose a threat or cause loss of, or damage to, government property. Before placing an employee on investigative or notice leave, an agency must consider other options, including reassigning the employee, allowing the employee to take available leave, allowing the employee to telework, or treating the employee as absent without leave.

Agencies may grant leave to employees who cannot report to work due to an act of God, a terrorist attack, or another condition that prevents such employees from safely traveling to or performing work at an approved location.

The OPM must report to Congress within three years after enactment of this bill on whether agency policies comply with the requirements of this section.

(Sec. 402) The President must initiate a review of known instances since 2011 in which a person has traveled or attempted to travel to a conflict zone in Iraq or Syria from the United States to join or provide material support or resources to a terrorist organization. Such review shall: (1) ascertain factors that may have undermined efforts to prevent such travel, including issues related to the timely identification of suspects, information sharing, intervention, and interdiction; and (2) identify lessons learned and areas that can be improved to prevent additional travel by such persons to a conflict zone in Iraq or Syria, or other terrorist safe havens abroad. The President's report on such review must include information on travel routes of greatest concern.

(Sec. 403) The President must submit to Congress a national strategy to combat terrorist travel that addresses efforts to intercept terrorists and foreign fighters and constrain their domestic and international travel. The strategy must be updated after a new President is inaugurated.

The strategy must:

 include an accounting and description of all federal government programs, projects, and activities designed to constrain travel by terrorists and foreign fighters; identify specific security vulnerabilities within and outside the United States that may be exploited by such persons; delineate goals for closing those vulnerabilities and enhancing the federal government's ability to constrain such travel; and describe actions and the means needed to achieve such goals. The President must submit annual updated plans for agencies to implement the strategy.

The requirement to submit: (1) updated national strategies shall terminate 7 years after enactment of this bill, and (2) implementation plans shall terminate 10 years after such enactment.

(Sec. 404) DHS must submit a northern border threat analysis of:

 terrorism and criminal threats posed by individuals and organized groups seeking to enter the United States through the northern border or to exploit vulnerabilities on such border; improvements needed at and between ports of entry along such border to prevent terrorists and instruments of terrorism from entering the United States and to reduce criminal activity, as measured by the total flow of illegal goods, illicit drugs, and smuggled and trafficked persons moved across such border; gaps in law, policy, cooperation between state, local, and tribal law enforcement, international agreements, or tribal agreements that hinder effective and efficient border security, counterterrorism, anti-human smuggling and trafficking efforts, and the flow of legitimate trade along the northern border; and whether additional preclearance and pre-inspection operations by the CBP at ports of entry along such border could help prevent terrorists and instruments of terror from entering the United States. For such analysis, DHS must consider and examine:

 technology needs and challenges; personnel needs and challenges; the role of state, local, and tribal law enforcement in general border security activities; the need for cooperation among federal, state, local, tribal, and Canadian law enforcement entities relating to border security; the terrain, population density, and climate along the northern border; and the needs and challenges of DHS facilities.

dhs accountability_act title department management coordination sec bill amends homeland_security act department_of_homeland_security dhs secretary management assistant deputy secretary homeland_security requiring secretary perform acting deputy secretary deputy secretary dies unable perform acting dhs secretary reason absence disability vacancy office dhs secretary deputy secretary available exercise secretary duties president senate advice consent appoint dhs secretary strategy policy plans head office coordinates dhs wide strategic planning leadership councils international engagement dhs designate officers order succession serve acting secretary notify congress vacancies senior positions secretary management responsibilities management integration transformation consistent consolidated functions information technology financial management acquisition_management logistics material resource management asset security human capital management expanded include dhs functional management discipline development centralized data sources connectivity information systems standardized automated management information program management regular oversight mechanisms dhs transition succession plan new presidential administrations available congress dhs report government_accountability_office gao months progress implementing corrective action plans address designation dhs management functions gao biannual high risk list gao notifies congress removal high risk designation dhs notify congress dhs inspector_general dhs waives prohibition engaging business contractor recipient funds listed suspended debarred receiving federal assistance system award management maintained general_services_administration gsa sec dhs establish leadership councils ensure coordination dhs leadership direct development joint operational plans joint requirements council senior officials established identify validate joint requirements capabilities multiple dhs components task forces possess systems services satisfy contractual formally imposed requirements ensure efficiencies life cycle schedules performance objectives procurement quantities prioritized capability recommendations joint requirements dhs ensure future years homeland_security program consistent council recommendations dhs establish joint task forces coordinate foreign governments federal state local agencies maintain situational awareness unlawful cross border trafficking crossings operational capabilities continuous integrated surveillance borders joint task forces established coordination land maritime borders cybersecurity prevention preparation response homeland_security matters joint task_force director deputy director different dhs offices components dhs report annually task_force total funding personnel resources allocated dhs component effectiveness outcome based performance metrics dhs establish joint duty training program coordinate workforce professional development improve task_force joint operations program address national security strategy strategic contingency planning command control operations joint command international engagement governmental nongovernmental entities involved homeland_security enterprise interagency collaboration leadership dhs notify congress formation joint task forces dhs waive notice requirement emergency imminently threatens protection human life property dhs inspector_general report congress evaluation joint task forces dhs establish joint task_force coordinate operations major disaster emergency declared president robert stafford disaster relief emergency assistance_act incident federal_emergency_management_agency fema primary responsibility sec national operations center current role providing situational awareness federal state local governments events terrorism natural man disasters expanded include threats incidents events center provide information private sector international partners enter information sharing agreements federal operations centers homeland_security partners federal agency provide center timely information events threats incidents status potential vulnerability critical infrastructure key resources dhs replace center fire service representative representative state local emergency responders sec dhs establish homeland_security advisory_council sec office strategy policy plans established coordinate dhs strategic plans long term goals conduct dhs quadrennial homeland_security review manage provide analytics dhs leadership councils establish standards dhs statistical data bill transfers secretary management responsibility maintain immigration statistical information customs border_protection cbp citizenship_and_immigration_services sec office partnerships violent extremism established lead dhs efforts counter violent extremism partnering communities address vulnerabilities exploited violent extremists working civil society groups counter propaganda recruitment developing digital engagement strategy utilizes internet social media platforms entering cooperative agreements state local tribal federal agencies disseminating information nongovernmental partners coordinating department_of_state international violent extremism coordinating fema guidance use terrorism protection grants state local tribal governments counter violent extremism dhs submit comprehensive dhs strategy counter violent extremism united_states developing strategy dhs consider efforts increase support programs initiatives governmental nongovernmental foreign partners disseminate resources training guidance local law enforcement agencies general public assistant secretary submit annual reports dhs programs policies counter violent extremism including assistance agencies accounting awarded grants cooperative agreements training office civil rights civil liberties shall conduct annual reviews ensure activities respect privacy civil rights civil liberties persons fema grants assist high risk urban areas state local tribal governments protecting terrorism support organization group knowingly recklessly funded domestic international terrorism known engage recruit activities section shall repealed seven years enactment bill title department accountability efficiency workforce reforms sec dhs submit congress review international affairs offices functions eliminate unnecessary duplication action plan address duplication fragmentation overlap opportunities cost savings revenue enhancement identified gao sec dhs submit information technology strategic plan align budget priorities estimate dates elimination unnecessarily duplicative legacy outdated technology list projects completion dates identify high risk projects cybersecurity risks maximize use purchase commercial shelf products sec dhs conduct inventory software licenses bring number licenses balance dhs needs sec dhs chief human capital officer report secretary management develop strategic workforce planning policies performance measures compensation employee recruitment retention training opportunities career path frameworks methods eliminate duplicative unnecessary human capital policies dhs component develop year workforce strategy dhs determine proper balance federal employees private labor resources sec dhs secretary administrative law judge merit systems protections board office_of_special_counsel adjudicating body union contract federal judge dhs inspector_general determines dhs supervisor committed certain prohibited personnel actions dhs employee whistleblower dhs shall propose minimum day suspension violation removal second violation dhs carry suspension removal providing supervisor opportunity answer furnish evidence dhs determines evidence insufficient reverse proposed suspension removal dhs provide training dhs supervisors respond complaints alleging violation whistleblower protections inform dhs employees whistleblower rights procedures lawful disclosures sec secretary management submit congress report recommends adjustments dhs management administration reduce deficiencies reduce costs enhance efficiencies examines unnecessary duplication overlap fragmentation exists dhs components office_of_personnel_management opm gsa sec bill abolishes position director shared services office counternarcotics enforcement title iii department transparency assessments sec dhs immigration functions report address number persons known overstayed terms visa visa type estimated percentage persons believed overstayed visa visa type immigration enforcement actions dhs develop annually implement metrics measure effectiveness security ports entry security ports entry security maritime environment aviation assets operations cbp office air marine including detecting apprehending subjects seizing illicit drugs metrics shall informed situational awareness defined knowledge unified understanding current unlawful cross border activity dhs shall data related apprehensions inadmissible aliens drug seizures enforcement actions available public academic research law enforcement communities accordance applicable privacy laws provide dhs office immigration statistics access data submit annual report containing metrics data methodology develop metrics congress gao submitting final report evaluate update metrics ensure meet dhs performance management needs suitable measure effectiveness border_security gao shall submit biennial reports analyzing making recommendations suitability statistical validity data methodology contained dhs reports dhs submit annually fy2025 state border report includes metric trends years analysis illegal flow rates sec dhs submit annual mitigation plans response reports secretary intelligence analysis recommendations dhs inspector_general current threats homeland_security dhs capability address threats sec fema report feasibility gathering data providing information congress use federal grant awards expenditures state local tribal governments high risk urban areas receive federal grants protect terrorism urban_area_security_initiative state_homeland_security_grant_program sec dhs post public website list research development project classified task order federally funded research development center university based center_of_excellence associated project dhs exclude list provide congress controlled unclassified information projects task orders jeopardize operational security project practice secretary science_and_technology develop track indicators demonstrate uptake technology customers end users sec dhs department_of_agriculture usda report status construction national bio defense facility successor plum island animal disease center gao report project schedule estimates budgeting sec dhs inspector_general audit dhs award grants procurement contracts review dhs suspension debarment program sec dhs future years homeland_security program submitted president annual budget submission project acquisition estimates fiscal year budget submitted succeeding fiscal years major dhs acquisitions estimated annual deployment schedules physical asset major acquisitions fiscal year period operating capability information technology major acquisitions sec quadrennial homeland_security review dhs identify redundant wasteful unnecessary capabilities capacities resources report review describe efforts build capacity states local governments indian tribes territories private entities individuals communities propose changes dhs authorities organization governance structure business processes better fulfill responsibilities sec bill repeals reporting requirements usda department_of_the_interior illegal drug cultivation federal lands dhs department_of_defense dod drug seizures number air maritime patrol hours dedicated drug supply reduction department_of_justice doj drug violation arrests prosecutions seizures bill changes annual biennial requirement domestic nuclear detection office report nuclear forensic attribution capabilities national technical nuclear forensics center national nuclear forensics expertise development program dhs doj state_department dod department_of_energy director national_intelligence ensure agencies review global nuclear detection architecture title miscellaneous administrative leave act sec title expresses sense congress federal agency use administrative leave personnel purposes exceeded reasonable amounts title prohibits agency placing employee administrative leave consecutive days requires agencies record administrative leave separately types leave requires opm prescribe regulations respect acceptable agency uses proper recording administrative leave leave authorized law directs agencies revise implement internal policies meet requirements title requires opm report agency use administrative leave lieu administrative leave agencies place employee investigative notice leave employee investigation target adverse action continued presence employee workplace pose threat cause loss damage government property placing employee investigative notice leave agency consider options including employee allowing employee available leave allowing employee telework treating employee absent leave agencies grant leave employees report work act god terrorist attack condition prevents employees safely traveling performing work approved location opm report congress years enactment bill agency policies comply requirements section sec president initiate review known instances person traveled attempted travel conflict zone iraq syria united_states join provide material support resources terrorist organization review shall ascertain factors efforts prevent travel including issues related timely identification suspects information sharing intervention interdiction identify lessons learned areas improved prevent additional travel persons conflict zone iraq syria terrorist safe havens abroad president report review include information travel routes greatest concern sec president submit congress national strategy combat terrorist travel addresses efforts intercept terrorists foreign fighters constrain domestic international travel strategy updated new president strategy include accounting description federal_government programs projects activities designed constrain travel terrorists foreign fighters identify specific security vulnerabilities outside united_states exploited persons delineate goals closing vulnerabilities enhancing federal_government ability constrain travel describe actions means needed achieve goals president submit annual updated plans agencies implement strategy requirement submit updated national strategies shall terminate years enactment bill implementation plans shall terminate years enactment sec dhs submit northern border threat analysis terrorism criminal threats posed individuals organized groups seeking enter united_states northern border vulnerabilities border improvements needed ports entry border prevent terrorists instruments terrorism entering united_states reduce criminal activity measured total flow illegal goods illicit drugs smuggled trafficked persons moved border gaps law policy cooperation state local tribal law enforcement international agreements tribal agreements hinder effective efficient border_security counterterrorism anti human smuggling trafficking efforts flow legitimate trade northern border additional preclearance pre inspection operations cbp ports entry border help prevent terrorists instruments terror entering united_states analysis dhs consider examine technology needs challenges personnel needs challenges role state local tribal law enforcement general border_security activities need cooperation federal state local tribal canadian law enforcement entities relating border_security terrain population density climate northern border needs challenges dhs facilities


Summary:
Active Shooter Preparedness Enhancement Act of 2016

This bill amends the Homeland Security Act of 2002 to direct the Department of Homeland Security (DHS) to develop and make available to state, local, tribal, territorial, and nongovernmental partners guidance to assist in the development of emergency action and response plans for active shooter and mass casualty incidents.

Such guidance may relate to the development of:

 a strategy for properly responding to such incidents, a plan for establishing a unified command, a schedule for regular testing of equipment used to receive communications during such incidents, a practiced method and plan to communicate with occupants of locations of such incidents and with the surrounding community, a plan for coordinating with volunteer organizations to expedite assistance for victims, a schedule for joint exercises and training, and a plan for outreach to facilities that have been identified by DHS as potentially vulnerable targets. The bill permits funds under homeland security grants to states and high-risk urban areas to be used for training exercises to enhance preparedness for and response to mass casualty and active shooter incidents and security events at private locations (current law permits such funds to be used for such exercises at public locations). In allocating grant funds among states and high-risk urban areas, the Federal Emergency Management Agency (FEMA) shall consider the threat from active shooters to critical infrastructure and U.S. populations.

active shooter preparedness enhancement_act bill amends homeland_security act direct department_of_homeland_security dhs develop available state local tribal territorial nongovernmental partners guidance assist development emergency action response plans active shooter mass casualty incidents guidance relate development strategy properly responding incidents plan establishing unified command schedule regular testing equipment receive communications incidents method plan communicate occupants locations incidents surrounding community plan coordinating volunteer organizations expedite assistance victims schedule joint exercises training plan outreach facilities identified dhs potentially vulnerable targets bill permits funds homeland_security grants states high risk urban areas training exercises enhance preparedness response mass casualty active shooter incidents security events private locations current law permits funds exercises public locations allocating grant funds states high risk urban areas federal_emergency_management_agency fema shall consider threat active shooters critical infrastructure populations


Summary:
National Cybersecurity Preparedness Consortium Act of 2016

This bill authorizes the Department of Homeland Security (DHS) to work with a consortium, including the National Cybersecurity Preparedness Consortium, to support efforts to address cybersecurity risks and incidents, including threats or acts of terrorism.

DHS may work with such a consortium to assist its national cybersecurity and communications integration center to:

 provide training to state and local first responders and officials, develop curriculums, and provide technical assistance; conduct cross-sector cybersecurity training and simulation exercises for state and local governments, critical infrastructure owners and operators, and private industry; help states and communities develop cybersecurity information sharing programs; and help incorporate cybersecurity risk and incident prevention and response into existing state and local emergency plans and continuity of operations plans.

 DHS's authority to carry out this bill terminates five years after its enactment.

national cybersecurity preparedness consortium act bill authorizes department_of_homeland_security dhs work consortium including national cybersecurity preparedness consortium support efforts address cybersecurity risks incidents including threats acts terrorism dhs work consortium assist national cybersecurity communications integration center provide training state local responders officials develop provide technical assistance conduct cross sector cybersecurity training simulation exercises state local governments critical infrastructure owners operators private industry help states communities develop cybersecurity information sharing programs help incorporate cybersecurity risk incident prevention response existing state local emergency plans continuity operations plans dhs authority carry bill terminates years enactment