Sec. 104. Office of Policy
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The Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended by— redesignating section 601 as section 890B, and transferring that section to appear immediately after section 890A; and striking the heading for title VI and inserting the following: There shall be in the Department an Office of Policy. The Office of Policy shall be headed by an Under Secretary for Policy, who shall be appointed by the President, by and with the advice and consent of the Senate. The mission of the Office of Policy is to lead, conduct, and coordinate Departmentwide policy, strategic planning, and relationships with organizations or persons that are not part of the Department.
The Office of Policy shall include the following components: The Office of Partnership and Engagement under section 602. The Office of International Affairs under section 603. The Office of Policy Implementation under section 604. The Office of Strategy and Planning under section 605. Subject to the direction and control of the Secretary, the Under Secretary for Policy shall— serve as the principal policy advisor to the Secretary; coordinate with the Under Secretary for Management and the General Counsel of the Department to ensure that development of the Department’s budget is compatible with the priorities, strategic plans, and policies established by the Secretary, including those priorities identified through the Quadrennial Homeland Security Review required under section 707; incorporate relevant feedback from, and oversee and coordinate relationships with, organizations and other persons that are not part of the Department to ensure effective communication of outside stakeholders’ perspectives to components of the Department; establish a process to ensure that organizations and other persons that are not part of the Department can communicate with Department components without compromising adherence by the officials of such components to the Department’s ethics and policies; manage and coordinate the Department’s international engagement activities; advise, inform, and assist the Secretary on the impact of the Department’s policy, processes, and actions on State, local, tribal, and territorial governments; oversee the Department’s engagement and development of partnerships with nonprofit organizations and academic institutions; administer the Homeland Security Advisory Council and make studies available to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on an annual basis; and carry out such other responsibilities as the Secretary determines are appropriate, consistent with this section.
To ensure consistency with the Secretary’s policy priorities, the head of each component of the Department shall coordinate with the Office of Policy, as appropriate, in establishing new policies or strategic planning guidance. Each component of the Department shall coordinate with the Under Secretary for Policy plans and efforts of the component before pursuing negotiations with foreign governments, to ensure consistency with the Department’s policy priorities. Each component of the Department shall notify the Under Secretary for Policy of the international travel of senior officers of the Department.
The Secretary shall assign to the Office of Policy permanent staff and, as appropriate and consistent with sections 506(c)(2), 821, and 888(d), other appropriate personnel detailed from other components of the Department to carry out the responsibilities under this section. There shall be in the Office of Policy an Office of Partnership and Engagement. The Secretary shall appoint an Assistant Secretary for Partnership and Engagement to serve as the head of the Office. The Assistant Secretary for Partnership and Engagement shall— lead the coordination of Departmentwide policies relating to the role of State and local law enforcement in preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters within the United States; serve as a liaison between State, local, and tribal law enforcement agencies and the Department, including through consultation with such agencies regarding Department programs that may impact such agencies; coordinate with the Office of Intelligence and Analysis to certify the intelligence and information sharing requirements of State, local, and tribal law enforcement agencies are being addressed; work with the Administrator to ensure that law enforcement and terrorism-focused grants to State, local, and tribal government agencies, including grants under sections 2003 and 2004, the Commercial Equipment Direct Assistance Program, and other grants administered by the Department to support fusion centers and law enforcement-oriented programs, are appropriately focused on terrorism prevention activities; coordinate with the Science and Technology Directorate, the Federal Emergency Management Agency, the Department of Justice, the National Institute of Justice, law enforcement organizations, and other appropriate entities to support the development, promulgation, and updating, as necessary, of national voluntary consensus standards for training and personal protective equipment to be used in a tactical environment by law enforcement officers; create and foster strategic communications with the private sector to enhance the primary mission of the Department to protect the American homeland; advise the Secretary on the impact of the Department's policies, regulations, processes, and actions on the private sector; interface with other relevant Federal agencies with homeland security missions to assess the impact of these agencies' actions on the private sector; create and manage private sector advisory councils composed of representatives of industries and associations designated by the Secretary to— advise the Secretary on private sector products, applications, and solutions as they relate to homeland security challenges; advise the Secretary on homeland security policies, regulations, processes, and actions that affect the participating industries and associations; and advise the Secretary on private sector preparedness issues, including effective methods for— promoting voluntary preparedness standards to the private sector; and assisting the private sector in adopting voluntary preparedness standards; promote existing public-private partnerships and developing new public-private partnerships to provide for collaboration and mutual support to address homeland security challenges; assist in the development and promotion of private sector best practices to secure critical infrastructure; provide information to the private sector regarding voluntary preparedness standards and the business justification for preparedness and promoting to the private sector the adoption of voluntary preparedness standards; coordinate industry efforts, with respect to functions of the Department of Homeland Security, to identify private sector resources and capabilities that could be effective in supplementing Federal, State, and local government agency efforts to prevent or respond to a terrorist attack; coordinate with the Commissioner of Customs and Border Protection and the appropriate senior official of the Department of Commerce on issues related to the travel and tourism industries; coordinate the activities of the Department relating to State and local government; assess, and advocate for, the resources needed by State and local governments to implement the national strategy for combating terrorism; provide State and local governments with regular information, research, and technical support to assist local efforts at securing the homeland; develop a process for receiving meaningful input from State and local governments to assist the development of the national strategy for combating terrorism and other homeland security activities; and perform such other functions as are established by law or delegated to such Assistant Secretary by the Under Secretary for Policy.
There shall be in the Office of Policy an Office of International Affairs. The Secretary shall appoint an Assistant Secretary for International Affairs to serve as the head of the Office and as the chief diplomatic officer of the Department. The Assistant Secretary for International Affairs shall— coordinate international functions within the Department, including functions carried out by the components of the Department, in consultation with other Federal officials with responsibility for counterterrorism and homeland security matters; advise, inform, and assist the Secretary, in consultation with overseas Department personnel, on strategies, foreign policy matters, and the Department’s international programs; develop, in consultation with the Under Secretary for Management, guidance for selecting, assigning, training, and monitoring overseas deployments of Department personnel, including minimum standards for predeployment training; develop and update, in coordination with all components of the Department engaged in international activities, a strategic plan for the international activities of the Department, establish a process for managing its implementation, and monitor the ability of the Department’s components to comply with such a process; develop and distribute guidance on Department policy priorities for overseas functions to personnel deployed overseas, that, at a minimum, sets forth the regional and national priorities being advanced by their deployment; maintain awareness regarding the international travel of senior officers of the Department and their intent to pursue negotiations with foreign government officials, and review resulting draft agreements; develop, in consultation with the components of the Department, including, as appropriate, with the Under Secretary for the Science and Technology Directorate, programs to support the overseas programs conducted by the Department, including training, technical assistance, and equipment to ensure that Department personnel deployed abroad have proper resources and receive adequate and timely support; conduct the exchange of homeland security information, in consultation with the Under Secretary of the Office of Intelligence and Analysis, and best practices relating to homeland security with foreign nations that, in the determination of the Secretary, reciprocate the sharing of such information in a substantially similar manner; submit information to the Under Secretary for Policy for oversight purposes, including preparation of the quadrennial homeland security review and on the status of overseas activities, including training and technical assistance and information exchange activities and the Department’s resources dedicated to these activities; promote, when appropriate, and oversee the exchange of education, training, and information with nations friendly to the United States in order to share best practices relating to homeland security; and perform such other functions as are established by law or delegated by the Under Secretary for Policy.
For each fiscal year, the Assistant Secretary for International Affairs, in coordination with the Under Secretary for Management, shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate with the annual budget request for the Department, an annual accounting of all assets of the Department, including personnel, deployed outside the United States on behalf of the Department.
This subsection does not apply to international activities related to the protective mission of the United States Secret Service, or to the Coast Guard when operating under the direct authority of the Secretary of Defense or the Secretary of the Navy. There shall be in the Office of Policy an Office of Policy Implementation. The Secretary shall appoint a Director of the Office of Policy Implementation to serve as the head of the Office. The Director of the Office of Policy Implementation shall lead, conduct, coordinate, and provide overall direction and supervision of Departmentwide policy development for the programs, offices, and activities of the Department, in consultation with relevant officials of the Department, to ensure quality, consistency, and integration across the Department, as appropriate.
There shall be in the Office of Policy of the Department an Office of Strategy and Planning. The Secretary shall appoint a Director of the Office of Strategy and Planning who shall serve as the head of the Office. The Director of the Office of Strategy and Planning shall— lead and conduct long-term Departmentwide strategic planning, including the Quadrennial Homeland Security Review and planning guidance for the Department, and translate the Department’s statutory responsibilities, strategic plans, and long-term goals into risk-based policies and procedures that improve operational effectiveness; and develop strategies to address unconventional threats to the homeland. .
The table of contents in section 1(b) of such Act is amended— by striking the items relating to title VI and inserting the following: Title VI—Policy and Planning Sec. 601. Office of Policy. Sec. 602. Office of Partnership and Engagement. Sec. 603. Office of International Affairs. Sec. 604. Office of Policy Implementation. Sec. 605. Office of Strategy and Planning. . by inserting after the item relating to section 889, and inserting after the item relating section 890A the following:
Sec. 890B. Treatment of charitable trusts for members of the Armed Forces of the United States and other governmental organizations. . The President may appoint an Under Secretary for Policy under section 601 of the Homeland Security Act of 2002, as amended by this Act, only on or after January 20, 2017. The individual serving as the Assistant Secretary for Policy of the Department of Homeland Security on the date of the enactment of this Act, or their successor, may continue to serve as an Assistant Secretary and as the head of the Office of Policy established by such section, until the date on which the Under Secretary for Policy is appointed under such section in accordance with paragraph (1).
The Secretary of Homeland Security may appoint an Assistant Secretary for International Affairs under section 602 of the Homeland Security Act of 2002, as amended by this Act, only on or after January 20, 2017. The individual serving as the Assistant Secretary for International Affairs of the Department of Homeland Security on the date of the enactment of this Act, or their successor, may continue to serve as a Deputy Assistant Secretary and as the head of the Office of International Affairs established by such section, until the date the Under Secretary for Policy is appointed under such section in accordance with paragraph (1).
The Office of International Affairs within the Office of the Secretary is abolished. The assets and personnel associated with such Office are transferred to the head of the Office of International Affairs provided for by section 603 of the Homeland Security Act of 2002, as amended by this Act. Subsection 879 of the Homeland Security Act of 2002 ( 6 U.S.C. 459 ), and the item relating to such section in section 1(b) of such Act, are repealed. The Office for State and Local Law Enforcement of the Department of Homeland Security is abolished.
The functions authorized to be performed by such office immediately before the enactment of this Act, and the assets and personnel associated with such functions, are transferred to the head of the Office of Partnership and Engagement provided for by section 602 of the Homeland Security Act of 2002, as amended by this Act. Subsection
(b)of section 2006 of the Homeland Security Act of 2002 ( 6 U.S.C. 607 ) is repealed. The Office for State and Local Government Coordination of the Department of Homeland Security is abolished. The functions authorized to be performed by such office immediately before the enactment of this Act, and the assets and personnel associated with such functions, are transferred to the head of Office of Partnership and Engagement provided for by section 602 of the Homeland Security Act of 2002, as amended by this Act. Section 801 of the Homeland Security Act of 2002 ( 6 U.S.C. 631 ), and the item relating to that section in the table of contents in section 1(b) of such Act, are repealed. The Special Assistant to the Secretary authorized by section 102(f) of the Homeland Security Act of 2002, as in effect immediately before the enactment of this Act ( 6 U.S.C. 112(f) ), is abolished. The functions authorized to be performed by such Special Assistant to the Secretary immediately before the enactment of this Act, and the assets and personnel associated with such functions, are transferred to the head of the Office of Partnership and Engagement provided for by section 602 of the Homeland Security Act of 2002, as amended by this Act. Section 102(f) of the Homeland Security Act of 2002 ( 6 U.S.C. 112(f) ) is repealed. Section 103(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 113(a) ) is amended— in paragraph (1), by striking subparagraph
(I)and redesignating subparagraph
(J)as subparagraph (I); and by amending paragraph
(2)to read as follows: The Department shall have the following Assistant Secretaries appointed by the President, by and with the advice and consent of the Senate: The Assistant Secretary, U.S. Immigration and Customs Enforcement. The Assistant Secretary, Transportation Security Administration. The Department shall have the following Assistant Secretaries appointed by the President: The Assistant Secretary, Infrastructure Protection. The Assistant Secretary, Office of Public Affairs. The Assistant Secretary, Office of Legislative Affairs. The Department shall have the following Assistant Secretaries appointed by the Secretary: The Assistant Secretary, Office of Cybersecurity and Communications. The Assistant Secretary for International Affairs under section 602. The Assistant Secretary for Partnership and Engagement under section 603. No Assistant Secretary position may be created in addition to the positions provided for by this section unless such position is authorized by a statute enacted after the date of the enactment of the DHS Headquarters Reform and Improvement Act of 2015 . . Section 102(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 112(b) ) is amended by striking and after the semicolon at the end of paragraph (2), striking the period at the end of paragraph
(3)and inserting ; and , and adding at the end the following: shall establish a Homeland Security Advisory Council to provide advice and recommendations on homeland-security-related matters. . No new office may be created to perform functions transferred by this section, other than as provided in section 601 of the Homeland Security Act of 2002, as amended by this Act. In this section each of the terms functions , assets , and personnel has the meaning that term has under section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ). The Secretary of Homeland Security shall— within 1 year after the date of the enactment of this Act, complete a review of the international affairs offices, functions, and responsibilities of the components of the Department of Homeland Security, to identify and eliminate areas of unnecessary duplication; and within 30 days after the completion of such review, provide the results of the review to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
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- 6 USC 631
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