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Code · BILL · 114th Congress · S. 2976 (Reported in Senate) — To amend the Homeland Security Act of 2002 to reform, streamline, and make improvements to the Department of Homeland... · Sec. 102

Sec. 102. Department coordination

2,030 words·~9 min read·/bill/114/s/2976/rs/section-102

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Title VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. ) is amended by adding at the end the following: In this section— the term joint duty training program means the training program established under subsection (e)(9)(A); the term joint requirement means a condition or capability of a Joint Task Force, or of multiple operating components of the Department, that is required to be met or possessed by a system, product, service, result, or component to satisfy a contract, standard, specification, or other formally imposed document; the term Joint Task Force means a Joint Task Force established under subsection
(e)when the scope, complexity, or other factors of the crisis or issue require capabilities of two or more components of the Department operating under the guidance of a single Director; and the term situational awareness means knowledge and unified understanding of unlawful cross-border activity, including— threats and trends concerning illicit trafficking and unlawful crossings; the ability to forecast future shifts in such threats and trends; the ability to evaluate such threats and trends at a level sufficient to create actionable plans; and the operational capability to conduct continuous and integrated surveillance of the air, land, and maritime borders of the United States. The Secretary may establish such Department leadership councils as the Secretary determines necessary to ensure coordination among leadership in the Department. Department leadership councils shall— serve as coordinating forums; advise the Secretary and Deputy Secretary on Department strategy, operations, and guidance; and consider and report on such other matters as the Secretary or Deputy Secretary may direct. The Secretary or a designee may serve as chairperson of a Department leadership council. The Secretary shall determine the membership of a Department leadership council. The Secretary or Deputy Secretary may delegate the authority to direct the implementation of any decision or guidance resulting from the action of a Department leadership council to any office, component, coordinator, or other senior official of the Department. There is established within the Department a Joint Requirements Council. In addition to other matters assigned to it by the Secretary and Deputy Secretary, the Joint Requirements Council shall— identify, assess, and validate joint requirements (including existing systems and associated capability gaps) to meet mission needs of the Department; ensure that appropriate efficiencies are made among life-cycle cost, schedule, and performance objectives, and procurement quantity objectives, in the establishment and approval of joint requirements; and make prioritized capability recommendations for the joint requirements approved validated under subparagraph
(A)to the Secretary, the Deputy Secretary, or the chairperson of a Department leadership council designated by the Secretary to review decisions of the Joint Requirements Council. The Secretary shall appoint a chairperson of the Joint Requirements Council, for a term of not more than 2 years, from among senior officials from components of the Department or other senior officials as designated by the Secretary. The Joint Requirements Council shall be composed of senior officials representing components of the Department and other senior officials as designated by the Secretary. The Secretary shall ensure that the Future Years Homeland Security Program required under section 874 is consistent with the recommendations of the Joint Requirements Council under paragraph (2)(C) of this subsection, as affirmed by the Secretary, the Deputy Secretary, or the chairperson of a Department leadership council designated by the Secretary under that paragraph. The Secretary may direct the development of Joint Operational Plans for the Department and issue planning guidance for such development. The Secretary shall ensure coordination between requirements derived from Joint Operational Plans and the Future Years Homeland Security Program required under section 874. Nothing in this subsection shall be construed to affect the national emergency management authorities and responsibilities of the Administrator of the Federal Emergency Management Agency under title V. The Secretary may establish and operate Departmental Joint Task Forces to conduct joint operations using personnel and capabilities of the Department. Each Joint Task Force shall be headed by a Director appointed by the Secretary for a term of not more than 2 years, who shall be a senior official of the Department. The Secretary may extend the appointment of a Director of a Joint Task Force for not more than 2 years if the Secretary determines that such an extension is in the best interest of the Department. For each Joint Task Force, the Secretary shall appoint a Deputy Director who shall be an official of a different component or office of the Department than the Director of the Joint Task Force. The Director of a Joint Task Force, subject to the oversight, direction, and guidance of the Secretary, shall— maintain situational awareness within the areas of responsibility of the Joint Task Force, as determined by the Secretary; provide operational plans and requirements for standard operating procedures and contingency operations; plan and execute joint task force activities within the areas of responsibility of the Joint Task Force, as determined by the Secretary; set and accomplish strategic objectives through integrated operational planning and execution; exercise operational direction over personnel and equipment from components and offices of the Department allocated to the Joint Task Force to accomplish the objectives of the Joint Task Force; establish operational and investigative priorities within the operating areas of the Joint Task Force; coordinate with foreign governments and other Federal, State, and local agencies, as appropriate, to carry out the mission of the Joint Task Force; and carry out other duties and powers the Secretary determines appropriate. The Secretary may, upon request of the Director of a Joint Task Force, and giving appropriate consideration of risk to the other primary missions of the Department, allocate on a temporary basis personnel and equipment of components and offices of the Department to a Joint Task Force. A Joint Task Force may not require more personnel, equipment, or resources than would be required by components of the Department in the absence of the Joint Task Force. In establishing a location of operations for a Joint Task Force, the Secretary shall, to the extent practicable, use existing facilities that integrate efforts of components of the Department and State, local, tribal, or territorial law enforcement or military entities. The Secretary shall, at the time the budget of the President is submitted to Congress for a fiscal year under section 1105(a) of title 31, United States Code, submit to the congressional homeland security committees a report on the total funding, personnel, and other resources that each component of the Department allocated to each Joint Task Force to carry out the mission of the Joint Task Force during the fiscal year immediately preceding the report. As directed by the Secretary— each Director of a Joint Task Force shall be provided sufficient resources from relevant components and offices of the Department and the authority necessary to carry out the missions and responsibilities required under this section; the resources referred to in subparagraph
(A)shall be under the operational authority, direction, and control of the Director of the Joint Task Force to which the resources are assigned; and the personnel and equipment of each Joint Task Force shall remain under the administrative direction of the executive agent for the Joint Task Force. Each Joint Task Force shall have a staff, composed of officials from relevant components, to assist the Director in carrying out the mission and responsibilities of the Joint Task Force. The Secretary shall— establish outcome-based and other appropriate performance metrics to evaluate the effectiveness of each Joint Task Force; not later than 120 days after the date of enactment of this section, submit the metrics established under subparagraph
(A)to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives; and not later than January 31 , 2017, and each year thereafter , submit to each committee described in subparagraph
(B)a report that contains the evaluation described in subparagraph (A). of each year beginning in 2017 , The Secretary shall— establish a joint duty training program in the Department for the purposes of— enhancing coordination within the Department; and promoting workforce professional development; and tailor the joint duty training program to improve joint operations as part of the Joint Task Forces. The joint duty training program established under subparagraph
(A)shall address, at a minimum, the following topics: National security strategy. Strategic and contingency planning. Command and control of operations under joint command. International engagement. The homeland security enterprise. Interagency collaboration. Leadership. Specific subject matter relevant to the Joint Task Force to which the joint duty training program is assigned. Except as provided in clauses
(iii)and (iv), an individual shall complete the joint duty training program before being appointed Director or Deputy Director of a Joint Task Force. Each official serving on the staff of a Joint Task Force shall complete the joint duty training program within the first year of assignment to the Joint Task Force. Clause
(i)shall not apply to the first Director or Deputy Director appointed to a Joint Task Force on or after the date of enactment of this section. The Secretary may waive clause
(i)if the Secretary determines that such a waiver is in the interest of homeland security. Subject to paragraph (13), the Secretary may establish Joint Task Forces for the purposes of— coordinating and directing operations along the land and maritime borders of the United States; cybersecurity; and preventing, preparing for, and responding to other homeland security matters, as determined by the Secretary. Not later than 90 days before establishing a Joint Task Force under this subsection, the Secretary shall submit a notification to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. The Secretary may waive the requirement under subparagraph
(A)in the event of an emergency circumstance that imminently threatens the protection of human life or the protection of property. The Inspector General of the Department shall conduct a review of the Joint Task Forces established under this subsection. The review required under subparagraph
(A)shall include— an assessment of the effectiveness of the structure of each Joint Task Force; and recommendations for enhancements to that structure to strengthen the effectiveness of the Joint Task Force. The Inspector General of the Department shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives— an initial report that contains the evaluation described in subparagraph
(A)by not later than January 31, 2018; and a second report that contains the evaluation described in subparagraph
(A)by not later than January 31, 2021. The Secretary may not establish a Joint Task Force for any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) or an incident for which the Federal Emergency Management Agency has primary responsibility for management of the response under title V of this Act, including section 504(a)(3)(A), unless the responsibilities of the Joint Task Force— do not include operational functions related to incident management, including coordination of operations; and are consistent with the requirements of paragraphs
(3)and (4)(A) of section 503(c) and section 509(c) of this Act and section 302 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5143 ). Nothing in this section shall be construed to reduce the responsibilities or functions of the Federal Emergency Management Agency or the Administrator thereof under title V of this Act and any other provision of law, including the diversion of any asset, function, or mission from the Federal Emergency Management Agency or the Administrator thereof pursuant to section 506. The Secretary may establish a joint duty assignment program within the Department for the purposes of enhancing coordination in the Department and promoting workforce professional development. . The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135) , as amended by this Act, is amended by inserting after the item relating to section 707 the following: Sec. 708. Department coordination. .
Connectionstraces to 3
2 references not yet in our index
  • Pub. L. 107-296
  • 116 Stat. 2135
Citation graph
cites case law
Sec. 102
Department coordination
U.S.C.§ 341
U.S.C.§ 5121
U.S.C.§ 5143
Pub. L.Pub. L. 107-296
Stat.116 Stat. 2135
Cites 5Cited by 0 across 0 sources
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