Collapse to view only § 347. Quadrennial homeland security review
- § 341. Under Secretary for Management
- § 342. Chief Financial Officer
- § 343. Chief Information Officer
- § 344. Chief Human Capital Officer
- § 345. Establishment of Officer for Civil Rights and Civil Liberties
- § 346. Consolidation and co-location of offices
- § 347. Quadrennial homeland security review
- § 348. Joint task forces
- § 349. Office of Strategy, Policy, and Plans
- § 350. Workforce health and medical support
- § 351. Employee engagement
- § 352. Annual employee award program
- § 353. Acquisition professional career program
§ 341. Under Secretary for Management
(a) In generalThe Under Secretary for Management shall serve as the Chief Management Officer and principal advisor to the Secretary on matters related to the management of the Department, including management integration and transformation in support of homeland security operations and programs. The Secretary, acting through the Under Secretary for Management, shall be responsible for the management and administration of the Department, including the following:
(1) The budget, appropriations, expenditures of funds, accounting, and finance.
(2) Procurement.
(3) Human resources and personnel.
(4) Information technology and communications systems, including policies and directives to achieve and maintain interoperable communications among the components of the Department.
(5) Facilities, property, equipment, vehicle fleets (under subsection (c)), and other material resources.
(6) Security for personnel, information technology and communications systems, facilities, property, equipment, and other material resources.
(7) Strategic management planning and annual performance planning and identification and tracking of performance measures relating to the responsibilities of the Department.
(8) Grants and other assistance management programs.
(9) The management integration and transformation within each functional management discipline of the Department, including information technology, financial management, acquisition management, and human capital management, to ensure an efficient and orderly consolidation of functions and personnel in the Department, including—
(A) the development of centralized data sources and connectivity of information systems to the greatest extent practicable to enhance program visibility, transparency, and operational effectiveness and coordination;
(B) the development of standardized and automated management information to manage and oversee programs and make informed decisions to improve the efficiency of the Department;
(C) the development of effective program management and regular oversight mechanisms, including clear roles and processes for program governance, sharing of best practices, and access to timely, reliable, and evaluated data on all acquisitions and investments; and
(D) the overall supervision, including the conduct of internal audits and management analyses, of the programs and activities of the Department, including establishment of oversight procedures to ensure a full and effective review of the efforts by components of the Department to implement policies and procedures of the Department for management integration and transformation.
(10) The development of a transition and succession plan, before December 1 of each year in which a Presidential election is held, to guide the transition of Department functions to a new Presidential administration, and making such plan available to the next Secretary and Under Secretary for Management and to the congressional homeland security committees.
(11) Reporting to the Government Accountability Office every six months to demonstrate measurable, sustainable progress made in implementing the corrective action plans of the Department to address the designation of the management functions of the Department on the bi-annual high risk list of the Government Accountability Office, until the Comptroller General of the United States submits to the appropriate congressional committees written notification of removal of the high-risk designation.
(12) The conduct of internal audits and management analyses of the programs and activities of the Department.
(13) Any other management duties that the Secretary may designate.
(b) Waivers for conducting business with suspended or debarred contractors
(c) Vehicle fleets
(1) In generalIn carrying out responsibilities regarding vehicle fleets pursuant to subsection (a)(5), the Under Secretary for Management shall be responsible for overseeing and managing vehicle fleets throughout the Department. The Under Secretary shall also be responsible for the following:
(A) Ensuring that components are in compliance with Federal law, Federal regulations, executive branch guidance, and Department policy (including associated guidance) relating to fleet management and use of vehicles from home to work.
(B) Developing and distributing a standardized vehicle allocation methodology and fleet management plan for components to use to determine optimal fleet size in accordance with paragraph (4).
(C) Ensuring that components formally document fleet management decisions.
(D) Approving component fleet management plans, vehicle leases, and vehicle acquisitions.
(2) Component responsibilities
(A) In generalComponent heads—
(i) shall—(I) comply with Federal law, Federal regulations, executive branch guidance, and Department policy (including associated guidance) relating to fleet management and use of vehicles from home to work;(II) ensure that data related to fleet management is accurate and reliable;(III) use such data to develop a vehicle allocation tool derived by using the standardized vehicle allocation methodology provided by the Under Secretary for Management to determine the optimal fleet size for the next fiscal year and a fleet management plan; and(IV) use vehicle allocation methodologies and fleet management plans to develop annual requests for funding to support vehicle fleets pursuant to paragraph (6); and
(ii) may not, except as provided in subparagraph (B), lease or acquire new vehicles or replace existing vehicles without prior approval from the Under Secretary for Management pursuant to paragraph (5)(B).
(B) Exception regarding certain leasing and acquisitions
(3) Ongoing oversight
(A) Quarterly monitoring
(B) Automated information
(C) Monitoring
(4) Annual review of component fleet analyses
(A) In general
(B) Vehicle allocation toolComponent heads shall develop a vehicle allocation tool in accordance with subclause (III) of paragraph (2)(A)(i) that includes an analysis of the following:
(i) Vehicle utilization data, including the number of trips, miles driven, hours and days used, and the associated costs of such mileage for leased vehicles, in accordance with such paragraph.
(ii) The role of vehicle fleets in supporting mission requirements for each component.
(iii) Any other information determined relevant by such component heads.
(C) Fleet management plansComponent heads shall use information described in subparagraph (B) to develop a fleet management plan for each such component. Such fleet management plans shall include the following:
(i) A plan for how each such component may achieve optimal fleet size determined by the vehicle allocation tool required under such subparagraph, including the elimination of excess vehicles in accordance with paragraph (5), if applicable.
(ii) A cost benefit analysis supporting such plan.
(iii) A schedule each such component will follow to obtain optimal fleet size.
(iv) Any other information determined relevant by component heads.
(D) Review
(5) Guidance to develop fleet management plansThe Under Secretary for Management shall provide guidance, pursuant to paragraph (1)(B) on how component heads may achieve optimal fleet size in accordance with paragraph (4), including processes for the following:
(A) Leasing or acquiring additional vehicles or replacing existing vehicles, if determined necessary.
(B) Disposing of excess vehicles that the Under Secretary determines should not be reallocated under subparagraph (C).
(C) Reallocating excess vehicles to other components that may need temporary or long-term use of additional vehicles.
(6) Annual review of vehicle fleet funding requests
(7) Accountability for vehicle fleet management
(A) Prohibition on certain new vehicle leases and acquisitions
(B) Prohibition on certain performance compensation
(C) Prohibition on certain car services
(8) Motor pool
(A) In general
(B) RequirementsThe determination of feasibility of operating a vehicle motor pool under subparagraph (A) shall—
(i) include—(I) regions in the United States in which multiple components with vehicle fleets are located in proximity to one another, or a significant number of employees with authorization to use vehicles are located; and(II) law enforcement vehicles;
(ii) cover the National Capital Region; and
(iii) take into account different mission requirements.
(C) Report
(9) DefinitionsIn this subsection:
(A) Component head
(B) Excess vehicle
(C) Optimal fleet size
(D) Vehicle fleet
(d) Appointment and evaluationThe Under Secretary for Management shall—
(1) be appointed by the President, by and with the advice and consent of the Senate, from among persons who have—
(A) extensive executive level leadership and management experience in the public or private sector;
(B) strong leadership skills;
(C) a demonstrated ability to manage large and complex organizations; and
(D) a proven record in achieving positive operational results;
(2) enter into an annual performance agreement with the Secretary that shall set forth measurable individual and organizational goals; and
(3) be subject to an annual performance evaluation by the Secretary, who shall determine as part of each such evaluation whether the Under Secretary for Management has made satisfactory progress toward achieving the goals set out in the performance agreement required under paragraph (2).
(e)1
1 So in original. There are two subsecs. (e).
System for Award Management consultation(e)1 Interoperable communications defined
(Pub. L. 107–296, title VII, § 701, Nov. 25, 2002, 116 Stat. 2218; Pub. L. 110–53, title XXIV, § 2405(a), (b), Aug. 3, 2007, 121 Stat. 548; Pub. L. 114–29, § 3, July 6, 2015, 129 Stat. 421; Pub. L. 114–328, div. A, title XIX, § 1903(b), Dec. 23, 2016, 130 Stat. 2673; Pub. L. 115–38, § 2, June 6, 2017, 131 Stat. 855.)
§ 342. Chief Financial Officer
(a) In general
(b) Program analysis and evaluation function
(1) Establishment of Office of Program Analysis and Evaluation
(2) Responsibilities
The Office shall perform the following functions:
(A) Analyze and evaluate plans, programs, and budgets of the Department in relation to United States homeland security objectives, projected threats, vulnerability assessments, estimated costs, resource constraints, and the most recent homeland security strategy developed pursuant to section 454(b)(2) of this title.
(B) Develop and perform analyses and evaluations of alternative plans, programs, personnel levels, and budget submissions for the Department in relation to United States homeland security objectives, projected threats, vulnerability assessments, estimated costs, resource constraints, and the most recent homeland security strategy developed pursuant to section 454(b)(2) of this title.
(C) Establish policies for, and oversee the integration of, the planning, programming, and budgeting system of the Department.
(D) Review and ensure that the Department meets performance-based budget requirements established by the Office of Management and Budget.
(E) Provide guidance for, and oversee the development of, the Future Years Homeland Security Program of the Department, as specified under section 454 of this title.
(F) Ensure that the costs of Department programs, including classified programs, are presented accurately and completely.
(G) Oversee the preparation of the annual performance plan for the Department and the program and performance section of the annual report on program performance for the Department, consistent with sections 1115 and 1116, respectively, of title 31.
(H) Provide leadership in developing and promoting improved analytical tools and methods for analyzing homeland security planning and the allocation of resources.
(I) Any other responsibilities delegated by the Secretary consistent with an effective program analysis and evaluation function.
(3) Director of Program Analysis and Evaluation
There shall be a Director of Program Analysis and Evaluation, who—
(A) shall be a principal staff assistant to the Chief Financial Officer of the Department for program analysis and evaluation; and
(B) shall report to an official no lower than the Chief Financial Officer.
(4) Reorganization
(A) In general
(B) Exemption from limitations
(c) Notification regarding transfer or reprogramming of funds
(Pub. L. 107–296, title VII, § 702, Nov. 25, 2002, 116 Stat. 2219; Pub. L. 108–330, §§ 3(d)(1)(B), 6, 7, Oct. 16, 2004, 118 Stat. 1276, 1278, 1279.)
§ 343. Chief Information Officer
(a) In general
(b) Geospatial information functions
(1) DefinitionsAs used in this subsection:
(A) Geospatial information
(B) Geospatial technologyThe term “geospatial technology” means any technology utilized by analysts, specialists, surveyors, photogrammetrists, hydrographers, geodesists, cartographers, architects, or engineers for the collection, storage, retrieval, or dissemination of geospatial information, including—
(i) global satellite surveillance systems;
(ii) global position systems;
(iii) geographic information systems;
(iv) mapping equipment;
(v) geocoding technology; and
(vi) remote sensing devices.
(2) Office of Geospatial Management
(A) Establishment
(B) Geospatial Information Officer
(i) Appointment
(ii) Functions
(C) Coordination of geospatial informationThe Chief Information Officer shall establish and carry out a program to provide for the efficient use of geospatial information, which shall include—
(i) providing such geospatial information as may be necessary to implement the critical infrastructure protection programs;
(ii) providing leadership and coordination in meeting the geospatial information requirements of those responsible for planning, prevention, mitigation, assessment and response to emergencies, critical infrastructure protection, and other functions of the Department; and
(iii) coordinating with users of geospatial information within the Department to assure interoperability and prevent unnecessary duplication.
(D) ResponsibilitiesIn carrying out this subsection, the responsibilities of the Chief Information Officer shall include—
(i) coordinating the geospatial information needs and activities of the Department;
(ii) implementing standards, as adopted by the Director of the Office of Management and Budget under the processes established under section 216 of the E-Government Act of 2002 (44 U.S.C. 3501 note), to facilitate the interoperability of geospatial information pertaining to homeland security among all users of such information within—(I) the Department;(II) State and local government; and(III) the private sector;
(iii) coordinating with the Federal Geographic Data Committee and carrying out the responsibilities of the Department pursuant to Office of Management and Budget Circular A–16 and Executive Order 12906; and
(iv) making recommendations to the Secretary and the Executive Director of the Office for State and Local Government Coordination and Preparedness on awarding grants to—(I) fund the creation of geospatial data; and(II) execute information sharing agreements regarding geospatial data with State, local, and tribal governments.
(3) Authorization of appropriations
(Pub. L. 107–296, title VII, § 703, Nov. 25, 2002, 116 Stat. 2219; Pub. L. 108–458, title VIII, § 8201(b), Dec. 17, 2004, 118 Stat. 3865.)
§ 344. Chief Human Capital Officer
(a) In general
(b) Responsibilities
In addition to the responsibilities set forth in chapter 14 of title 5 and other applicable law, the Chief Human Capital Officer of the Department shall—
(1) develop and implement strategic workforce planning policies, including with respect to leader development and employee engagement, that are consistent with Government-wide leading principles, in line with Department strategic human capital goals and priorities, and informed by best practices within the Federal Government and the private sector, taking into account the special requirements of members of the Armed Forces serving in the Coast Guard;
(2) use performance measures to evaluate, on an ongoing basis, Department-wide strategic workforce planning efforts;
(3) develop, improve, and implement policies that, to the extent practicable, are informed by employee feedback, including compensation flexibilities available to Federal agencies where appropriate, to recruit, hire, train, and retain the workforce of the Department, in coordination with all components of the Department;
(4) identify methods for managing and overseeing human capital programs and initiatives, including leader development and employee engagement programs, in coordination with the head of each component of the Department;
(5) develop a career path framework and create opportunities for leader development in coordination with all components of the Department that is informed by an assessment, carried out by the Chief Human Capital Officer, of the learning and developmental needs of employees in supervisory and nonsupervisory roles across the Department and appropriate workforce planning initiatives;
(6) lead the efforts of the Department for managing employee resources, including training and development opportunities, in coordination with each component of the Department;
(7) work to ensure the Department is implementing human capital programs and initiatives and effectively educating each component of the Department about these programs and initiatives;
(8) identify and eliminate unnecessary and duplicative human capital policies and guidance;
(9) maintain a catalogue of available employee development opportunities, including the Homeland Security Rotation Program pursuant to section 414 of this title, departmental leadership development programs, interagency development programs, and other rotational programs;
(10) ensure that employee discipline and adverse action programs comply with the requirements of all pertinent laws, rules, regulations, and Federal guidance, and ensure due process for employees;
(11) analyze each Department or Government-wide Federal workforce satisfaction or morale survey not later than 90 days after the date of the publication of each such survey and submit to the Secretary such analysis, including, as appropriate, recommendations to improve workforce satisfaction or morale within the Department;
(12) review and approve all component employee engagement action plans to ensure such plans include initiatives responsive to the root cause of employee engagement challenges, as well as outcome-based performance measures and targets to track the progress of such initiatives;
(13) provide input concerning the hiring and performance of the Chief Human Capital Officer or comparable official in each component of the Department; and
(14) ensure that all employees of the Department are informed of their rights and remedies under chapters 12 and 23 of title 5.
(c) Component strategies
(1) In general
(2) Strategy requirements
(d) Chief Learning and Engagement Officer
(e) Annual submission
Not later than 90 days after the date on which the Secretary submits the annual budget justification for the Department, the Secretary shall submit to the congressional homeland security committees a report that includes a table, delineated by component with actual and enacted amounts, including—
(1) information on the progress within the Department of fulfilling the workforce strategies developed under subsection (c);
(2) information on employee development opportunities catalogued pursuant to paragraph (9) of subsection (b) and any available data on participation rates, attrition rates, and impacts on retention and employee satisfaction;
(3) information on the progress of Departmentwide strategic workforce planning efforts as determined under paragraph (2) of subsection (b);
(4) information on the activities of the steering committee established pursuant to section 351(a) of this title, including the number of meetings, types of materials developed and distributed, and recommendations made to the Secretary;
(5) the number of on-board staffing for Federal employees from the prior fiscal year;
(6) the total contract hours submitted by each prime contractor as part of the service contract inventory required under section 743 of the Financial Services and General Government Appropriations Act, 2010 (division C of Public Law 111–117; 31 U.S.C. 501 note); and
(7) the number of full-time equivalent personnel identified under the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.).
(f) Limitation
(Pub. L. 107–296, title VII, § 704, Nov. 25, 2002, 116 Stat. 2219; Pub. L. 114–328, div. A, title XIX, § 1904, Dec. 23, 2016, 130 Stat. 2674; Pub. L. 117–81, div. F, title LXIV, § 6403, Dec. 27, 2021, 135 Stat. 2399.)
§ 345. Establishment of Officer for Civil Rights and Civil Liberties
(a) In generalThe Officer for Civil Rights and Civil Liberties, who shall report directly to the Secretary, shall—
(1) review and assess information concerning abuses of civil rights, civil liberties, and profiling on the basis of race, ethnicity, or religion, by employees and officials of the Department;
(2) make public through the Internet, radio, television, or newspaper advertisements information on the responsibilities and functions of, and how to contact, the Officer;
(3) assist the Secretary, directorates, and offices of the Department to develop, implement, and periodically review Department policies and procedures to ensure that the protection of civil rights and civil liberties is appropriately incorporated into Department programs and activities;
(4) oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by the programs and activities of the Department;
(5) coordinate with the Privacy Officer to ensure that—
(A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and
(B) Congress receives appropriate reports regarding such programs, policies, and procedures; and
(6) investigate complaints and information indicating possible abuses of civil rights or civil liberties, unless the Inspector General of the Department determines that any such complaint or information should be investigated by the Inspector General.
(b) Report
(Pub. L. 107–296, title VII, § 705, Nov. 25, 2002, 116 Stat. 2219; Pub. L. 108–458, title VIII, § 8303, Dec. 17, 2004, 118 Stat. 3867.)
§ 346. Consolidation and co-location of offices
Not later than 1 year after November 25, 2002, the Secretary shall develop and submit to Congress a plan for consolidating and co-locating—
(1) any regional offices or field offices of agencies that are transferred to the Department under this chapter, if such officers 1
1 So in original. Probably should be “offices”.
are located in the same municipality; and(2) portions of regional and field offices of other Federal agencies, to the extent such offices perform functions that are transferred to the Secretary under this chapter.
(Pub. L. 107–296, title VII, § 706, Nov. 25, 2002, 116 Stat. 2220.)
§ 347. Quadrennial homeland security review
(a) Requirement
(1) Quadrennial reviews required
(2) Scope of reviews
(3) ConsultationThe Secretary shall conduct each quadrennial homeland security review under this subsection in consultation with—
(A) the heads of other Federal agencies, including the Attorney General, the Secretary of State, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of the Treasury, the Secretary of Agriculture the Secretary of Energy,,1
1 So in original.
and the Director of National Intelligence;(B) key officials of the Department, including the Under Secretary for Strategy, Policy, and Plans;
(C) representatives from appropriate advisory committees established pursuant to section 451 of this title, including the Homeland Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise established, including the Aviation Security Advisory Committee established pursuant to section 44946 of title 49; and
(D) other relevant governmental and nongovernmental entities, including State, local, and tribal government officials, members of Congress, private sector representatives, academics, and other policy experts.
(4) Relationship with future years homeland security program
(b) Contents of reviewIn each quadrennial homeland security review, the Secretary shall—
(1) delineate and update, as appropriate, the national homeland security strategy, consistent with appropriate national and Department strategies, strategic plans, and Homeland Security Presidential Directives, including the National Strategy for Homeland Security, the National Response Plan, and the Department Security Strategic Plan;
(2) outline and prioritize the full range of the critical homeland security mission areas of the Nation based on the risk assessment required pursuant to subsection (c)(2)(B);
(3) describe, to the extent practicable, the interagency cooperation, preparedness of Federal response assets, infrastructure, resources required, and other elements of the homeland security program and policies of the Nation associated with the national homeland security strategy, required to execute successfully the full range of missions called for in the national homeland security strategy described in paragraph (1) and the homeland security mission areas outlined under paragraph (2);
(4) identify, to the extent practicable, the resources required to execute the full range of missions called for in the national homeland security strategy described in paragraph (1) and the homeland security mission areas outlined under paragraph (2), including any resources identified from redundant, wasteful, or unnecessary capabilities or capacities that may be redirected to better support other existing capabilities or capacities, as the case may be; and
(5) include an assessment of the organizational alignment of the Department with the national homeland security strategy referred to in paragraph (1) and the homeland security mission areas outlined under paragraph (2).
(c) Reporting
(1) In general
(2) Contents of reportEach report submitted under paragraph (1) shall include—
(A) the results of the quadrennial homeland security review;
(B) a risk assessment of the assumed or defined national homeland security interests of the Nation that were examined for the purposes of that review or for purposes of the quadrennial EMP and GMD risk assessment under section 195f(d)(1)(E) of this title;
(C) the national homeland security strategy, including a prioritized list of the critical homeland security missions of the Nation, as required under subsection (b)(2);
(D) to the extent practicable, a description of the interagency cooperation, preparedness of Federal response assets, infrastructure, resources required, and other elements of the homeland security program and policies of the Nation associated with the national homeland security strategy, required to execute successfully the full range of missions called for in the applicable national homeland security strategy referred to in subsection (b)(1) and the homeland security mission areas outlined under subsection (b)(2);
(E) an assessment of the organizational alignment of the Department with the applicable national homeland security strategy referred to in subsection (b)(1) and the homeland security mission areas outlined under subsection (b)(2), including the Department’s organizational structure, management systems, budget and accounting systems, human resources systems, procurement systems, and physical and technical infrastructure;
(F) to the extent practicable, a discussion of cooperation among Federal agencies in the effort to promote national homeland security;
(G) to the extent practicable, a discussion of cooperation between the Federal Government and State, local, and tribal governments in preventing terrorist attacks and preparing for emergency response to threats and risks to national homeland security; and
(H) any other matter the Secretary considers appropriate.
(3) DocumentationThe Secretary shall retain and, upon request, provide to Congress the following documentation regarding each quadrennial homeland security review:
(A) Records regarding the consultation carried out pursuant to subsection (a)(3), including the following:
(i) All written communications, including communications sent out by the Secretary and feedback submitted to the Secretary through technology, online communications tools, in-person discussions, and the interagency process.
(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review.
(B) Information regarding the risk assessment required pursuant to subsection (c)(2)(B), including the following:
(i) The risk model utilized to generate such risk assessment.
(ii) Information, including data used in the risk model, utilized to generate such risk assessment.
(iii) Sources of information, including other risk assessments, utilized to generate such risk assessment.
(iv) Information on assumptions, weighing factors, and subjective judgments utilized to generate such risk assessment, together with information on the rationale or basis thereof.
(4) Public availability
(d) Review
(e) Authorization of appropriations
(Pub. L. 107–296, title VII, § 707, as added Pub. L. 110–53, title XXIV, § 2401(a), Aug. 3, 2007, 121 Stat. 543; amended Pub. L. 114–328, div. A, title XIX, § 1902(b), Dec. 23, 2016, 130 Stat. 2672; Pub. L. 116–92, div. A, title XVII, § 1740(b), Dec. 20, 2019, 133 Stat. 1824; Pub. L. 117–263, div. G, title LXXI, § 7141(a), Dec. 23, 2022, 136 Stat. 3652.)
§ 348. Joint task forces
(a) DefinitionIn this section, the term “situational awareness” means knowledge and unified understanding of unlawful cross-border activity, including—
(1) threats and trends concerning illicit trafficking and unlawful crossings;
(2) the ability to forecast future shifts in such threats and trends;
(3) the ability to evaluate such threats and trends at a level sufficient to create actionable plans; and
(4) the operational capability to conduct continuous and integrated surveillance of the air, land, and maritime borders of the United States.
(b) Joint task forces
(1) Establishment
(2) Purposes
(A) In generalSubject to subparagraph (B), the purposes referred to in paragraph (1) are or relate to the following:
(i) Securing the land and maritime borders of the United States.
(ii) Homeland security crises.
(iii) Establishing regionally-based operations.
(B) Limitation
(i) In generalThe 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 subchapter V of this chapter, including section 314(a)(3)(A) of this title, unless the responsibilities of such a Joint Task Force—(I) do not include operational functions related to incident management, including coordination of operations; and(II) are consistent with the requirements of paragraphs (3) and (4)(A) of section 313(c) and section 319(c) of this title, and section 302 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5143).
(ii) Responsibilities and functions not reduced
(3) Joint task force directors
(A) DirectorEach Joint Task Force established and operated pursuant to paragraph (1) shall be headed by a Director, appointed by the President, for a term of not more than two years. The Secretary shall submit to the President recommendations for such appointments after consulting with the heads of the components of the Department with membership on any such Joint Task Force. Any Director appointed by the President shall be—
(i) a current senior official of the Department with not less than one year of significant leadership experience at the Department; or
(ii) if no suitable candidate is available at the Department, an individual with—(I) not less than one year of significant leadership experience in a Federal agency since the establishment of the Department; and(II) a demonstrated ability in, knowledge of, and significant experience working on the issues to be addressed by any such Joint Task Force.
(B) Extension
(4) Joint Task Force deputy directors
(5) ResponsibilitiesThe Director of a Joint Task Force, subject to the oversight, direction, and guidance of the Secretary, shall—
(A) when established for the purpose referred to in paragraph (2)(A)(i), maintain situational awareness within the areas of responsibility of the Joint Task Force, as determined by the Secretary;
(B) provide operational plans and requirements for standard operating procedures and contingency operations within the areas of responsibility of the Joint Task Force, as determined by the Secretary;
(C) plan and execute joint task force activities within the areas of responsibility of the Joint Task Force, as determined by the Secretary;
(D) set and accomplish strategic objectives through integrated operational planning and execution;
(E) exercise operational direction over personnel and equipment from components and offices of the Department allocated to the Joint Task Force to accomplish the objectives of the Joint Task Force;
(F) when established for the purpose referred to in paragraph (2)(A)(i), establish operational and investigative priorities within the areas of responsibility of the Joint Task Force, as determined by the Secretary;
(G) coordinate with foreign governments and other Federal, State, and local agencies, as appropriate, to carry out the mission of the Joint Task Force; and
(H) carry out other duties and powers the Secretary determines appropriate.
(6) Personnel and resources
(A) In general
(B) Cost neutrality
(C) Location of operations
(D) Consideration of impact
(E) Limitation
(F) Report
(7) Component resource authorityAs directed by the Secretary—
(A) each Director of a Joint Task Force shall be provided sufficient resources from relevant components and offices of the Department and the authority necessary to carry out the missions and responsibilities of such Joint Task Force required under this section;
(B) the resources referred to in subparagraph (A) shall be under the operational authority, direction, and control of the Director of the Joint Task Force to which such resources are assigned; and
(C) the personnel and equipment of each Joint Task Force shall remain under the administrative direction of the head of the component or office of the Department that provided such personnel or equipment.
(8) Joint Task Force staff
(A) In general
(B) ReportThe Secretary shall include in the report submitted under paragraph (6)(F)—
(i) the number of personnel of each component or office permanently assigned to each Joint Task Force; and
(ii) the number of personnel of each component or office assigned on a temporary basis to each Joint Task Force.
(9) Mission; establishment of performance metricsThe Secretary shall—
(A) using leading practices in performance management and lessons learned by other law enforcement task forces and joint operations, establish—
(i) the mission, strategic goals, and objectives of each Joint Task Force;
(ii) the criteria for terminating each Joint Task Force;
(iii) outcome-based and other appropriate performance metrics for evaluating the effectiveness of each Joint Task Force with respect to the mission, strategic goals, and objectives established pursuant to clause (i), including—(I) targets for each Joint Task Force to achieve by not later than one and three years after such establishment; and(II) a description of the methodology used to establish such metrics; and
(iv) a staffing plan for each Joint Task Force;
(B) not later than 120 days after December 23, 2022, and 120 days after the establishment of a new Joint Task Force, as appropriate, submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate the mission, strategic goals, objectives, and metrics established under subparagraph (A); and
(C) not later than December 23, 2024, and annually thereafter, submit to the committees specified in subparagraph (B) a report containing information regarding—
(i) the progress in implementing the outcome-based and other appropriate performance metrics established pursuant to subparagraph (A)(iii);
(ii) the staffing plan developed for each Joint Task Force pursuant to subparagraph (A)(iv); and
(iii) any modification to the mission, strategic goals, and objectives of each Joint Task Force, and a description of, and rationale for, any such modifications.
(10) Joint duty training program
(A) In generalThe Secretary shall—
(i) establish a joint duty training program in the Department for the purposes of—(I) enhancing coordination within the Department; and(II) promoting workforce professional development; and
(ii) tailor such joint duty training program to improve joint operations as part of the Joint Task Forces.
(B) ElementsThe joint duty training program established under subparagraph (A) shall address, at a minimum, the following topics:
(i) National security strategy.
(ii) Strategic and contingency planning.
(iii) Command and control of operations under joint command.
(iv) International engagement.
(v) The homeland security enterprise.
(vi) Interagency collaboration.
(vii) Leadership.
(viii) Specific subject matters relevant to the Joint Task Force, including matters relating to the missions specified in section 468 of this title, to which the joint duty training program is assigned.
(C) Training required
(i) Directors and deputy directors
(ii) Joint Task Force staff
(iii) Exception
(iv) Waiver
(11) Notification of Joint Task Force formation or termination
(A) In generalNot later than seven days after establishing or terminating a Joint Task Force under this subsection, the Secretary shall submit to the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the majority leader of the House of Representatives, the minority leader of the House of Representatives, and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a notification regarding such establishment or termination, as the case may be. The contents of any such notification shall include the following:
(i) The criteria and conditions required to establish or terminate the Joint Task Force at issue.
(ii) The primary mission, strategic goals, objectives, and plan of operations of such Joint Task Force.
(iii) If such notification is a notification of termination, information on the effectiveness of such Joint Task Force as measured by the outcome-based performance metrics and other appropriate performance metrics established pursuant to paragraph (9)(A)(iii).
(iv) The funding and resources required to establish or terminate such Joint Task Force.
(v) The number of personnel of each component or office permanently assigned to such Joint Task Force.
(vi) The number of personnel of each component and office assigned on a temporary basis to such Joint Task Force.
(vii) If such notification is a notification of establishment, the anticipated costs of establishing and operating such Joint Task Force.
(viii) If such notification is a notification of termination, funding allocated in the immediately preceding fiscal year to such Joint Task Force for—(I) operations, notwithstanding such termination; and(II) activities associated with such termination.
(ix) The anticipated establishment or actual termination date of such Joint Task Force, as the case may be.
(B) Waiver authority
(12) Review
(A) In general
(B) ContentsThe review required under subparagraph (A) shall include—
(i) an assessment of methodology utilized to determine whether to establish or terminate each Joint Task Force; and
(ii) an assessment of the effectiveness of oversight over each Joint Task Force, with specificity regarding the Secretary’s utilization of outcome-based or other appropriate performance metrics (established pursuant to paragraph (9)(A)(iii)) to evaluate the effectiveness of each Joint Task Force in measuring progress with respect to the mission, strategic goals, and objectives (established pursuant to paragraph (9)(A)(i)) of such Joint Task Force.
(13) Sunset
(c) Joint duty assignment program
(Pub. L. 107–296, title VII, § 708, as added Pub. L. 114–328, div. A, title XIX, § 1901(b), Dec. 23, 2016, 130 Stat. 2665; amended Pub. L. 117–263, div. G, title LXXI, § 7111(b), Dec. 23, 2022, 136 Stat. 3625; Pub. L. 118–103, § 2(a), Oct. 1, 2024, 138 Stat. 1584.)
§ 349. Office of Strategy, Policy, and Plans
(a) In general
(b) Head of Office
(c) FunctionsThe Under Secretary for Strategy, Policy, and Plans shall—
(1) lead, conduct, and coordinate Department-wide policy development and implementation and strategic planning;
(2) develop and coordinate policies to promote and ensure quality, consistency, and integration for the programs, components, offices, and activities across the Department;
(3) develop and coordinate strategic plans and long-term goals of the Department with risk-based analysis and planning to improve operational mission effectiveness, including consultation with the Secretary regarding the quadrennial homeland security review under section 347 of this title;
(4) manage Department leadership councils and provide analytics and support to such councils;
(5) manage international coordination and engagement for the Department;
(6) review and incorporate, as appropriate, external stakeholder feedback into Department policy; and
(7) carry out such other responsibilities as the Secretary determines appropriate.
(d) Deputy Under Secretary
(1) In generalThe Secretary may—
(A) establish within the Office of Strategy, Policy, and Plans a position of Deputy Under Secretary to support the Under Secretary for Strategy, Policy, and Plans in carrying out the Under Secretary’s responsibilities; and
(B) appoint a career employee to such position.
(2) Limitation on establishment of Deputy Under Secretary positions
(3) DefinitionsFor purposes of paragraph (1)—
(A) the term “career employee” means any employee (as such term is defined in section 2105 of title 5), but does not include a political appointee; and
(B) the term “political appointee” means any employee who occupies a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.
(e) Coordination by Department components
(f) Homeland Security statistics and joint analysis
(1) Homeland Security statisticsThe Under Secretary for Strategy, Policy, and Plans shall—
(A) establish standards of reliability and validity for statistical data collected and analyzed by the Department;
(B) be provided by the heads of all components of the Department with statistical data maintained by the Department regarding the operations of the Department;
(C) conduct or oversee analysis and reporting of such data by the Department as required by law or as directed by the Secretary; and
(D) ensure the accuracy of metrics and statistical data provided to Congress.
(2) Transfer of responsibilities
(g) Assistant Secretary
(1) In general
(2) Duties
(3) Additional responsibilitiesIn addition to the duties specified in paragraph (2), the Assistant Secretary established under paragraph (1), at the direction of the Secretary, may—
(A) oversee—
(i) coordination of supply chain policy; and
(ii) assessments and reports to Congress related to critical economic security domains;
(B) coordinate with stakeholders in other Federal departments and agencies and nongovernmental entities with trade and economic security interests, authorities, and responsibilities; and
(C) perform such additional duties as the Secretary or the Under Secretary of Strategy, Policy, and Plans may prescribe.
(4) DefinitionsIn this subsection:
(A) Critical economic security domain
(B) Economic security
(h) Limitation
(Pub. L. 107–296, title VII, § 709, as added Pub. L. 114–328, div. A, title XIX, § 1902(a), Dec. 23, 2016, 130 Stat. 2670; amended Pub. L. 117–263, div. G, title LXXI, § 7116(b), Dec. 23, 2022, 136 Stat. 3637.)
§ 350. Workforce health and medical support
(a) In general
(b) Responsibilities
The Under Secretary for Management, in coordination with the Chief Medical Officer, shall—
(1) provide oversight and coordinate the medical and health activities of the Department for the human and animal personnel of the Department;
(2) establish medical, health, veterinary, and occupational health exposure policy, guidance, strategies, and initiatives for the human and animal personnel of the Department;
(3) as deemed appropriate by the Under Secretary, provide medical liaisons to the components of the Department, on a reimbursable basis, to provide subject matter expertise on occupational medical and public health issues;
(4) serve as the primary representative for the Department on agreements regarding the detail of Commissioned Corps officers of the Public Health Service of the Department of Health and Human Services to the Department, except that components of the Department shall retain authority for funding, determination of specific duties, and supervision of such detailed Commissioned Corps officers; and
(5) perform such other duties relating to the responsibilities described in this subsection as the Secretary may require.
(Pub. L. 107–296, title VII, § 710, as added Pub. L. 115–387, § 2(d), Dec. 21, 2018, 132 Stat. 5167.)
§ 351. Employee engagement
(a) Steering committeeNot later than 120 days after December 27, 2021, the Secretary shall establish an employee engagement steering committee, including representatives from operational components, headquarters, and field personnel, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees, and chaired by the Under Secretary for Management, to carry out the following activities:
(1) Identify factors that have a negative impact on employee engagement, morale, and communications within the Department, such as perceptions about limitations on career progression, mobility, or development opportunities, collected through employee feedback platforms, including through annual employee surveys, questionnaires, and other communications, as appropriate.
(2) Identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within the Department, including through annual employee surveys, questionnaires, and other communications, as appropriate.
(3) Monitor efforts of each component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate.
(4) Advise the Secretary on efforts to improve employee engagement, morale, and communications within specific components and across the Department.
(5) Conduct regular meetings and report, not less than once per quarter, to the Under Secretary for Management, the head of each component, and the Secretary on Departmentwide efforts to improve employee engagement, morale, and communications.
(b) Action plan; reportingThe Secretary, acting through the Chief Human Capital Officer, shall—
(1) not later than 120 days after the date of the establishment of the employee engagement steering committee under subsection (a), issue a Departmentwide employee engagement action plan, reflecting input from the steering committee and employee feedback provided through annual employee surveys, questionnaires, and other communications in accordance with paragraph (1) of such subsection, to execute strategies to improve employee engagement, morale, and communications within the Department; and
(2) require the head of each component to—
(A) develop and implement a component-specific employee engagement plan to advance the action plan required under paragraph (1) that includes performance measures and objectives, is informed by employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate, and sets forth how employees and, where applicable, their labor representatives are to be integrated in developing programs and initiatives;
(B) monitor progress on implementation of such action plan; and
(C) provide to the Chief Human Capital Officer and the steering committee quarterly reports on actions planned and progress made under this paragraph.
(c) Termination
(Pub. L. 107–296, title VII, § 711, as added Pub. L. 117–81, div. F, title LXIV, § 6401(a), Dec. 27, 2021, 135 Stat. 2397.)
§ 352. Annual employee award program
(a) In general
The Secretary may establish an annual employee award program to recognize Department employees or groups of employees for significant contributions to the achievement of the Department’s goals and missions. If such a program is established, the Secretary shall—
(1) establish within such program categories of awards, each with specific criteria, that emphasize honoring employees who are at the nonsupervisory level;
(2) publicize within the Department how any employee or group of employees may be nominated for an award;
(3) establish an internal review board comprised of representatives from Department components, headquarters, and field personnel to submit to the Secretary award recommendations regarding specific employees or groups of employees;
(4) select recipients from the pool of nominees submitted by the internal review board under paragraph (3) and convene a ceremony at which employees or groups of employees receive such awards from the Secretary; and
(5) publicize such program within the Department.
(b) Internal review board
(c) Rule of construction
(Pub. L. 107–296, title VII, § 712, as added Pub. L. 117–81, div. F, title LXIV, § 6402(a), Dec. 27, 2021, 135 Stat. 2398.)
§ 353. Acquisition professional career program
(a) Establishment
(b) Administration
(c) Program requirementsThe Under Secretary for Management shall carry out the following with respect to the acquisition professional career program.1
1 So in original. Probably should be a colon.
(1) Designate the occupational series, grades, and number of acquisition positions throughout the Department to be included in the program and manage centrally such positions.
(2) Establish and publish on the Department’s website eligibility criteria for candidates to participate in the program.
(3) Carry out recruitment efforts to attract candidates—
(A) from institutions of higher education, including such institutions with established acquisition specialties and courses of study, historically Black colleges and universities, and Hispanic-serving institutions;
(B) with diverse work experience outside of the Federal Government; or
(C) with military service.
(4) Hire eligible candidates for designated positions under the program.
(5) Develop a structured program comprised of acquisition training, on-the-job experience, Department-wide rotations, mentorship, shadowing, and other career development opportunities for program participants.
(6) Provide, beyond required training established for program participants, additional specialized acquisition training, including small business contracting and innovative acquisition techniques training.
(d) ReportsNot later than one year after December 27, 2021, and annually thereafter through 2027, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the acquisition professional career program. Each such report shall include the following information:
(1) The number of candidates approved for the program.
(2) The number of candidates who commenced participation in the program, including generalized information on such candidates’ backgrounds with respect to education and prior work experience, but not including personally identifiable information.
(3) A breakdown of the number of participants hired under the program by type of acquisition position.
(4) A list of Department components and offices that participated in the program and information regarding length of time of each program participant in each rotation at such components or offices.
(5) Program attrition rates and post-program graduation retention data, including information on how such data compare to the prior year’s data, as available.
(6) The Department’s recruiting efforts for the program.
(7) The Department’s efforts to promote retention of program participants.
(e) DefinitionsIn this section:
(1) Hispanic-serving institution
(2) Historically Black colleges and universities
(3) Institution of higher education
(Pub. L. 107–296, title VII, § 713, as added Pub. L. 117–81, div. F, title LXIV, § 6405(a), Dec. 27, 2021, 135 Stat. 2401.)