Homeland Security Act of 2002 Part 14

SEC. 704. [6 U.S.C. 344] CHIEF HUMAN CAPITAL OFFICER.

The Chief Human Capital Officer shall report to the Secretary, or to another official of the Department, as the Secretary may direct and shall ensure that all employees of the Department are informed of their rights and remedies under chapters 12 and 23 of t.i.tle 5, United States Code, by-- (1) partic.i.p.ating in the 2302(c) Certification Program of the Office of Special Counsel; (2) achieving certification from the Office of Special Counsel of the Department's compliance with section 2302(c) of t.i.tle 5, United States Code; and (3) informing Congress of such certification not later than 24 months after the date of enactment of this Act.

SEC. 705. [6 U.S.C. 345] ESTABLISHMENT OF OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.

(a) In General.--The Officer for Civil Rights and Civil Liberties, who shall report directly to the Secretary, shall-- (1) review and a.s.sess 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 advertis.e.m.e.nts information on the responsibilities and functions of, and how to contact, the Officer; (3) a.s.sist 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 const.i.tutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by the programs and activities of the Department; (5) coordinate with the Privacy Officer to ensure that-- (A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and (B) Congress receives appropriate reports regarding such programs, policies, and procedures; and (6) investigate complaints and information indicating possible abuses of civil rights or civil liberties, unless the Inspector General of the Department determines that any such complaint or information should be investigated by the Inspector General.

(b) Report.--The Secretary shall submit to the President of the Senate, the Speaker of the House of Representatives, and the appropriate committees and subcommittees of Congress on an annual basis a report on the implementation of this section, including the use of funds appropriated to carry out this section, and detailing any allegations of abuses described under subsection (a)(1) and any actions taken by the Department in response to such allegations.

SEC. 706. [6 U.S.C. 346] CONSOLIDATION AND CO-LOCATION OF OFFICES.

Not later than 1 year after the date of the enactment of this Act, 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 Act, if such officers are located in the same munic.i.p.ality; 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 Act.

SEC. 707. [6 U.S.C. 347] QUADRENNIAL HOMELAND SECURITY REVIEW.

(a) Requirement.-- (1) Quadrennial reviews required.--In fiscal year 2009, and every 4 years thereafter, the Secretary shall conduct a review of the homeland security of the Nation (in this section referred to as a ''quadrennial homeland security review'').

(2) Scope of reviews.--Each quadrennial homeland security review shall be a comprehensive examination of the homeland security strategy of the Nation, including recommendations regarding the long-term strategy and priorities of the Nation for homeland security and guidance on the programs, a.s.sets, capabilities, budget, policies, and authorities of the Department.

(3) Consultation.--The Secretary shall conduct each quadrennial homeland security review under this subsection in consultation with-- (A) the heads of other Federal agencies, including the Attorney General, the Secretary of State, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of the Treasury, the Secretary of Agriculture, and the Director of National Intelligence; (B) key officials of the Department; and (C) other relevant governmental and nongovernmental ent.i.ties, including State, local, and tribal government officials, members of Congress, private sector representatives, academics, and other policy experts.

(4) Relationship with future years homeland security program.--The Secretary shall ensure that each review conducted under this section is coordinated with the Future Years Homeland Security Program required under section 874.

(b) Contents of Review.--In each quadrennial homeland security review, the Secretary shall-- (1) delineate and update, as appropriate, the national homeland security strategy, consistent with appropriate national and Department strategies, strategic plans, and Homeland Security Presidential Directives, including the National Strategy for Homeland Security, the National Response Plan, and the Department Security Strategic Plan; (2) outline and prioritize the full range of the critical homeland security mission areas of the Nation; (3) describe the interagency cooperation, preparedness of Federal response a.s.sets, infrastructure, budget plan, and other elements of the homeland security program and policies of the Nation a.s.sociated 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 the budget plan required to provide sufficient resources to successfully 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); (5) include an a.s.sessment 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); and (6) review and a.s.sess the effectiveness of the mechanisms of the Department for executing the process of turning the requirements developed in the quadrennial homeland security review into an acquisition strategy and expenditure plan within the Department.

(c) Reporting.-- (1) In general.--Not later than December 31 of the year in which a quadrennial homeland security review is conducted, the Secretary shall submit to Congress a report regarding that quadrennial homeland security review.

(2) Contents of report.--Each report submitted under paragraph (1) shall include-- (A) the results of the quadrennial homeland security review; (B) a description of the threats to the a.s.sumed or defined national homeland security interests of the Nation that were examined for the purposes of that review; (C) the national homeland security strategy, including a prioritized list of the critical homeland security missions of the Nation; (D) a description of the interagency cooperation, preparedness of Federal response a.s.sets, infrastructure, budget plan, and other elements of the homeland security program and policies of the Nation a.s.sociated 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 a.s.sessment 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) a discussion of the status of cooperation among Federal agencies in the effort to promote national homeland security; (G) a discussion of the status of cooperation between the Federal Government and State, local, and tribal governments in preventing terrorist attacks and preparing for emergency response to threats to national homeland security; (H) an explanation of any underlying a.s.sumptions used in conducting the review; and (I) any other matter the Secretary considers appropriate.

(3) Public availability.--The Secretary shall, consistent with the protection of national security and other sensitive matters, make each report submitted under paragraph (1) publicly available on the Internet website of the Department.

(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

t.i.tLE VIII--COORDINATION WITH NON-FEDERAL ENt.i.tIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

Subt.i.tle A--Coordination with Non-Federal Ent.i.ties

SEC. 801. [6 U.S.C. 361] OFFICE FOR STATE AND LOCAL GOVERNMENT COORDINATION.

(a) Establishment.--There is established within the Office of the Secretary the Office for State and Local Government Coordination, to oversee and coordinate departmental programs for and relationships with State and local governments.

(b) Responsibilities.--The Office established under subsection (a) shall-- (1) coordinate the activities of the Department relating to State and local government; (2) a.s.sess, and advocate for, the resources needed by State and local government to implement the national strategy for combating terrorism; (3) provide State and local government with regular information, research, and technical support to a.s.sist local efforts at securing the homeland; and (4) develop a process for receiving meaningful input from State and local government to a.s.sist the development of the national strategy for combating terrorism and other homeland security activities.

Subt.i.tle B--Inspector General

[SEC. 811. REPEALED]

SEC. 812. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS.

(a) * * *

(b) [5 U.S.C. app. 6 note] Promulgation of Initial Guidelines.-- (1) Definition.--In this subsection, the term ''memoranda of understanding'' means the agreements between the Department of Justice and the Inspector General offices described under section 6(e)(3) of the Inspector General Act of 1978 (5 U.S.C. App.) (as added by subsection (a) of this section) that-- (A) are in effect on the date of enactment of this Act; and (B) authorize such offices to exercise authority that is the same or similar to the authority under section 6(e)(1) of such Act.

(2) In general.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate guidelines under section 6(e)(4) of the Inspector General Act of 1978 (5 U.S.C. App.) (as added by subsection (a) of this section) applicable to the Inspector General offices described under section 6(e)(3) of that Act.

(3) Minimum requirements.--The guidelines promulgated under this subsection shall include, at a minimum, the operational and training requirements in the memoranda of understanding.

(4) No lapse of authority.--The memoranda of understanding in effect on the date of enactment of this Act shall remain in effect until the guidelines promulgated under this subsection take effect.

(c) [5 U.S.C. app. 6 note] Effective Dates.-- (1) In general.--Subsection (a) shall take effect 180 days after the date of enactment of this Act.

(2) Initial guidelines.--Subsection (b) shall take effect on the date of enactment of this Act.

Subt.i.tle C--United States Secret Service

SEC. 821. [6 U.S.C. 381] FUNCTIONS TRANSFERRED.

In accordance with t.i.tle XV, there shall be transferred to the Secretary the functions, personnel, a.s.sets, and obligations of the United States Secret Service, which shall be maintained as a distinct ent.i.ty within the Department, including the functions of the Secretary of the Treasury relating thereto.

Subt.i.tle D--Acquisitions

SEC. 831. [6 U.S.C. 391] RESEARCH AND DEVELOPMENT PROJECTS.

(a) Authority.--Until September 30, 2009 and subject to subsection (d), the Secretary may carry out a pilot program under which the Secretary may exercise the following authorities: (1) In general.--When the Secretary carries out basic, applied, and advanced research and development projects, including the expenditure of funds for such projects, the Secretary may exercise the same authority (subject to the same limitations and conditions) with respect to such research and projects as the Secretary of Defense may exercise under section 2371 of t.i.tle 10, United States Code (except for subsections (b) and (f)), after making a determination that the use of a contract, grant, or cooperative agreement for such project is not feasible or appropriate. The annual report required under subsection (b) of this section, as applied to the Secretary by this paragraph, shall be submitted to the President of the Senate and the Speaker of the House of Representatives.

(2) Prototype projects.--The Secretary may, under the authority of paragraph (1), carry out prototype projects in accordance with the requirements and conditions provided for carrying out prototype projects under section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160). In applying the authorities of that section 845, subsection (c) of that section shall apply with respect to prototype projects under this paragraph, and the Secretary shall perform the functions of the Secretary of Defense under subsection (d) thereof.

(b) Report.--Not later than 2 years after the effective date of this Act, and annually thereafter, the Comptroller General shall report to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate on-- (1) whether use of the authorities described in subsection (a) attracts nontraditional Government contractors and results in the acquisition of needed technologies; and (2) if such authorities were to be made permanent, whether additional safeguards are needed with respect to the use of such authorities.

(c) Procurement of Temporary and Intermittent Services.-- The Secretary may-- (1) procure the temporary or intermittent services of experts or consultants (or organizations thereof) in accordance with section 3109(b) of t.i.tle 5, United States Code; and (2) whenever necessary due to an urgent homeland security need, procure temporary (not to exceed 1 year) or intermittent personal services, including the services of experts or consultants (or organizations thereof), without regard to the pay limitations of such section 3109.

(d) Additional Requirements.-- (1) In general.--The authority of the Secretary under this section shall terminate September 30, 2009, unless before that date the Secretary-- (A) issues policy guidance detailing the appropriate use of that authority; and (B) provides training to each employee that is authorized to exercise that authority.

(2) Report.--The Secretary shall provide an annual report to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives detailing the projects for which the authority granted by subsection (a) was used, the rationale for its use, the funds spent using that authority, the outcome of each project for which that authority was used, and the results of any audits of such projects.

(e) Definition of Nontraditional Government Contractor.--In this section, the term ''nontraditional Government contractor''

has the same meaning as the term ''nontraditional defense contractor'' as defined in section 845(e) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103- 160; 10 U.S.C. 2371 note).

SEC. 832. [6 U.S.C. 392] PERSONAL SERVICES.

The Secretary-- (1) may procure the temporary or intermittent services of experts or consultants (or organizations thereof) in accordance with section 3109 of t.i.tle 5, United States Code; and (2) may, whenever necessary due to an urgent homeland security need, procure temporary (not to exceed 1 year) or intermittent personal services, including the services of experts or consultants (or organizations thereof), without regard to the pay limitations of such section 3109.

SEC. 833. [6 U.S.C. 393] SPECIAL STREAMLINED ACQUISITION AUTHORITY.

(a) Authority.-- (1) In general.--The Secretary may use the authorities set forth in this section with respect to any procurement made during the period beginning on the effective date of this Act and ending September 30, 2007, if the Secretary determines in writing that the mission of the Department (as described in section 101) would be seriously impaired without the use of such authorities.

(2) Delegation.--The authority to make the determination described in paragraph (1) may not be delegated by the Secretary to an officer of the Department who is not appointed by the President with the advice and consent of the Senate.

(3) Notification.--Not later than the date that is 7 days after the date of any determination under paragraph (1), the Secretary shall submit to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate-- (A) notification of such determination; and (B) the justification for such determination.

(b) Increased Micro-Purchase Threshold For Certain Procurements.-- (1) In general.--The Secretary may designate certain employees of the Department to make procurements described in subsection (a) for which in the administration of section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428) the amount specified in subsections (c), (d), and (f) of such section 32 shall be deemed to be $7,500.

(2) Number of employees.--The number of employees designated under paragraph (1) shall be-- (A) fewer than the number of employees of the Department who are authorized to make purchases without obtaining compet.i.tive quotations, pursuant to section 32(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 428(c)); (B) sufficient to ensure the geographic dispersal of the availability of the use of the procurement authority under such paragraph at locations reasonably considered to be potential terrorist targets; and (C) sufficiently limited to allow for the careful monitoring of employees designated under such paragraph.

(3) Review.--Procurements made under the authority of this subsection shall be subject to review by a designated supervisor on not less than a monthly basis.

The supervisor responsible for the review shall be responsible for no more than 7 employees making procurements under this subsection.

(c) Simplified Acquisition Procedures.-- (1) In general.--With respect to a procurement described in subsection (a), the Secretary may deem the simplified acquisition threshold referred to in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)) to be-- (A) in the case of a contract to be awarded and performed, or purchase to be made, within the United States, $200,000; and (B) in the case of a contract to be awarded and performed, or purchase to be made, outside of the United States, $300,000.

(d) Application of Certain Commercial Items Authorities.-- (1) In general.--With respect to a procurement described in subsection (a), the Secretary may deem any item or service to be a commercial item for the purpose of Federal procurement laws.

(2) Limitation.--The $5,000,000 limitation provided in section 31(a)(2) of the Office of Federal Procurement Policy Act (41 U.S.C. 427(a)(2)) and section 303(g)(1)(B) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C.

253(g)(1)(B)) shall be deemed to be $7,500,000 for purposes of property or services under the authority of this subsection.

(3) Certain authority.--Authority under a provision of law referred to in paragraph (2) that expires under section 4202(e) of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106; 10 U.S.C.

2304 note) shall, notwithstanding such section, continue to apply for a procurement described in subsection (a).

(e) Report.--Not later than 180 days after the end of fiscal year 2005, the Comptroller General shall submit to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives a report on the use of the authorities provided in this section. The report shall contain the following: (1) An a.s.sessment of the extent to which property and services acquired using authorities provided under this section contributed to the capacity of the Federal workforce to facilitate the mission of the Department as described in section 101.

(2) An a.s.sessment of the extent to which prices for property and services acquired using authorities provided under this section reflected the best value.

(3) The number of employees designated by each executive agency under subsection (b)(1).

(4) An a.s.sessment of the extent to which the Department has implemented subsections (b)(2) and (b)(3) to monitor the use of procurement authority by employees designated under subsection (b)(1).

(5) Any recommendations of the Comptroller General for improving the effectiveness of the implementation of the provisions of this section.

SEC. 834. [6 U.S.C. 394] UNSOLICITED PROPOSALS.

(a) Regulations Required.--Within 1 year of the date of enactment of this Act, the Federal Acquisition Regulation shall be revised to include regulations with regard to unsolicited proposals.

(b) Content of Regulations.--The regulations prescribed under subsection (a) shall require that before initiating a comprehensive evaluation, an agency contact point shall consider, among other factors, that the proposal-- (1) is not submitted in response to a previously published agency requirement; and (2) contains technical and cost information for evaluation and overall scientific, technical or socioeconomic merit, or cost-related or price-related factors.