118th CONGRESS 2d Session |
September 24, 2024
Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs
To amend the Homeland Security Act of 2002 to require a prioritized policy issuance review process for the Department of Homeland Security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Department of Homeland Security Policy Issuance Review Act”.
SEC. 2. Policy issuance review process.
Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended—
(A) by redesignating paragraph (13) as paragraph (14); and
(B) by inserting after paragraph (12) the following new paragraph:
“(13) Overseeing the Department’s process for review and approval of policy issuance documents.”;
(2) by redesignating the second subsection (e) (relating to the definition of interoperable communications) as subsection (f); and
(3) by adding at the end the following new subsection:
“(g) Policy issuance review process.—
“(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this subsection, the Under Secretary for Management shall require a prioritized periodic review process (in this subsection referred to as the ‘Review Process’) of Department policy issuance documents.
“(2) CONGRESSIONAL OVERSIGHT.—Not later than 180 days after the date of the enactment of this subsection and annually thereafter, 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 a briefing on the Review Process, including relating to the Department’s record of reviewing and updating existing policy issuance documents. Each such briefing shall include information relating to the following:
“(A) All policy issuance documents, including, with respect to each such document, the title, policy number, revision number, issue date, and last reviewed date.
“(B) All policy issuance documents canceled in the prior year.
“(C) An explanation of the methodology used to prioritize the review of policy issuance documents.
“(D) The procedures used by the Department to track and coordinate with Department components the issuance, review, and cancellations of policy issuance documents.
“(E) The number of staff and vacancies within the Management Directorate responsible for supporting the Review Process.
“(3) DEFINITION.—In this subsection the term ‘policy issuance document’—
“(A) means a Department-level directive, instruction, designation, or delegation, issued in accordance with the process referred to in subsection (a)(13) or any process for issuing such documents consistent with Department policy as may be in effect; and
“(B) does not include documents—
“(i) issued in accordance with a process other than a process referred to in subsection (a)(13) or the Review Process; or
“(ii) documents published in the Federal Register.
“(4) RULE OF CONSTRUCTION.—Nothing in this subsection may be construed to—
“(A) invalidate any policy issuance document created on, before, or after the date of the enactment of this subsection;
“(B) serve as a basis for action to challenge the validity of such a policy issuance document; or
“(C) create any right or benefit, whether substantive or procedural, enforceable by any person in any administrative or judicial proceeding.”.
Passed the House of Representatives September 23, 2024.
Attest: | kevin f. mccumber, |
Clerk. |