Operation Stonegarden Authorization Act

II Calendar No. 410 116TH CONGRESS 2D SESSION S. 2750 [Report No. 116–212] To amend the Homeland Security Act of 2002 to authorize the Operation Stonegarden grant program, and for other purposes. IN THE SENATE OF THE UNITED STATES OCTOBER 30, 2019 Ms. MCSALLY (for herself, Mr. JONES, and Mr. TESTER) introduced the fol- lowing bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs FEBRUARY 4, 2020 Reported by Mr. JOHNSON, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To amend the Homeland Security Act of 2002 to authorize the Operation Stonegarden grant program, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Operation Stonegarden 4 Authorization Act’’. 5 VerDate Sep 11 2014 01:17 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S2750.RS S2750 kjohnson on DSK79L0C42PROD with BILLS 2 •S 2750 RS SEC. 2. OPERATION STONEGARDEN. 1 (a) IN GENERAL.—Subtitle A of title XX of the 2 Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) 3 is amended by adding at the end the following: 4 ‘‘SEC. 2009. OPERATION STONEGARDEN. 5 ‘‘(a) ESTABLISHMENT.—There is established in the 6 Department a program, which shall be known as ‘Oper- 7 ation Stonegarden’, under which the Secretary, acting 8 through the Administrator, shall make grants to eligible 9 law enforcement agencies to enhance border security in ac- 10 cordance with this section. 11 ‘‘(b) ELIGIBLE RECIPIENTS.—A law enforcement 12 agency is eligible to receive a grant under this section if 13 the agency— 14 ‘‘(1) is located in— 15 ‘‘(A) a State bordering Canada or Mexico; 16 or 17 ‘‘(B) a State or territory with a maritime 18 border; and 19 ‘‘(2) is involved in an active, ongoing, U.S. Cus- 20 toms and Border Protection operation coordinated 21 through a U.S. Border Patrol sector office. 22 ‘‘(c) PERMITTED USES.—Grant funds received under 23 this section may be used by the grant recipient for— 24 ‘‘(1) equipment, including maintenance and 25 sustainment costs; 26 VerDate Sep 11 2014 01:17 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S2750.RS S2750 kjohnson on DSK79L0C42PROD with BILLS 3 •S 2750 RS ‘‘(2) personnel, including overtime and backfill, 1 in support of enhanced border law enforcement ac- 2 tivities; 3 ‘‘(3) any activity permitted for Operation 4 Stonegarden under the Department of Homeland 5 Security’s most recent Homeland Security Grant 6 Program Notice of Funding Opportunity; and 7 ‘‘(4) any other appropriate activity, as deter- 8 mined by the Administrator, in consultation with the 9 Commissioner of U.S. Customs and Border Protec- 10 tion. 11 ‘‘(d) PERIOD OF PERFORMANCE.—The Secretary 12 shall award grants under this section to grant recipients 13 for a period of not less than 36 months. 14 ‘‘(e) REPORT.—The Administrator shall submit a re- 15 port, for each of the fiscal years 2020 through 2024, to 16 the Committee on Homeland Security and Governmental 17 Affairs of the Senate and the Committee on Homeland 18 Security of the House of Representatives that contains in- 19 formation on the expenditure of grants made under this 20 section by each grant recipient. 21 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 22 is authorized to be appropriated $110,000,000 for each 23 of the fiscal years 2020 through 2024 for grants under 24 this section.’’. 25 VerDate Sep 11 2014 01:17 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S2750.RS S2750 kjohnson on DSK79L0C42PROD with BILLS 4 •S 2750 RS (b) CONFORMING AMENDMENT.—Section 2002(a) of 1 the Homeland Security Act of 2002 (6 U.S.C. 603(a)) is 2 amended to read as follows: 3 ‘‘(a) GRANTS AUTHORIZED.—The Secretary, through 4 the Administrator, may award grants under sections 2003, 5 2004, and 2009 to State, local, and tribal governments, 6 as appropriate.’’. 7 (c) CLERICAL AMENDMENT.—The table of contents 8 in section 1(b) of the Homeland Security Act of 2002 is 9 amended by inserting after the item relating to section 10 2008 the following: 11 ‘‘Sec. 2009. Operation Stonegarden.’’. SECTION 1. SHORT TITLE. 12 This Act may be cited as the ‘‘Operation Stonegarden 13 Authorization Act’’. 14 SEC. 2. OPERATION STONEGARDEN. 15 (a) IN GENERAL.—Subtitle A of title XX of the Home- 16 land Security Act of 2002 (6 U.S.C. 601 et seq.) is amended 17 by adding at the end the following: 18 ‘‘SEC. 2009. OPERATION STONEGARDEN. 19 ‘‘(a) ESTABLISHMENT.—There is established in the De- 20 partment a program, which shall be known as ‘Operation 21 Stonegarden’, under which the Secretary may award grants 22 to States that border Canada or Mexico, States with an 23 international maritime border, and eligible law enforce- 24 ment agencies for the purpose of enhancing border security. 25 VerDate Sep 11 2014 01:17 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S2750.RS S2750 kjohnson on DSK79L0C42PROD with BILLS 5 •S 2750 RS ‘‘(b) ELIGIBLE LAW ENFORCEMENT AGENCIES.—A 1 law enforcement agency is eligible to receive a grant under 2 this section if the agency, either directly or through the 3 State in which agency is located, if the agency— 4 ‘‘(1) is located in— 5 ‘‘(A) a State bordering Canada or Mexico; 6 or 7 ‘‘(B) a State or territory with an inter- 8 national maritime border; and 9 ‘‘(2) is involved in an active, ongoing, U.S. Cus- 10 toms and Border Protection operation coordinated 11 through a sector office. 12 ‘‘(c) PERMITTED USES.—Grant funds received under 13 this section may be used by a State or an eligible law en- 14 forcement agency for— 15 ‘‘(1) equipment, including maintenance and 16 sustainment costs; 17 ‘‘(2) personnel, including overtime and backfill 18 for law enforcement personnel or non-law enforcement 19 personnel who support enhanced border law enforce- 20 ment activities; 21 ‘‘(3) allowable and approved personnel costs, in- 22 cluding salaries, fringe benefits, overtime and backfill 23 for dedicated intelligence analysts supporting Oper- 24 VerDate Sep 11 2014 01:17 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S2750.RS S2750 kjohnson on DSK79L0C42PROD with BILLS 6 •S 2750 RS ation Stonegarden operations in support of enhanced 1 border law enforcement activities 2 ‘‘(4) any activity permitted for Operation 3 Stonegarden under— 4 ‘‘(A) the Department of Homeland Secu- 5 rity’s most recent Homeland Security Grant 6 Program Notice of Funding Opportunity; or 7 ‘‘(B) the Federal Emergency Management 8 Agency’s Preparedness Grants Manual; and 9 ‘‘(5) any other appropriate activity, as deter- 10 mined by the Secretary. 11 ‘‘(d) PERIOD OF PERFORMANCE.—The Secretary may 12 award grants under this section to grant recipients for a 13 period of not less than 36 months. 14 ‘‘(e) COLLECTION OF INFORMATION.—For any fiscal 15 year beginning on or after the date that is 30 days after 16 the date of the enactment of the Operation Stonegarden Au- 17 thorization Act for which grants are made under Operation 18 Stonegarden, the Administrator shall separately collect and 19 maintain financial information with respect to grants 20 awarded under Operation Stonegarden, including— 21 ‘‘(1) the amount of the awards; 22 ‘‘(2) the amount obligated for the awards; 23 ‘‘(3) the amount of outlays under the awards; 24 VerDate Sep 11 2014 01:17 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S2750.RS S2750 kjohnson on DSK79L0C42PROD with BILLS 7 •S 2750 RS ‘‘(4) financial plans with respect to the use of the 1 awards; 2 ‘‘(5) any funding transfers or reallocations; and 3 ‘‘(6) any adjustments to spending plans or re- 4 programming. 5 ‘‘(f) ADMINISTRATOR OVERSIGHT.— 6 ‘‘(1) IN GENERAL.—The Administrator shall es- 7 tablish and implement guidelines— 8 ‘‘(A) to ensure that amounts made available 9 under Operation Stonegarden are used in ac- 10 cordance with grant guidance and applicable 11 Federal laws; 12 ‘‘(B) to increase the proportion of each 13 grant made under Operation Stonegarden that is 14 used for operational expenses by the ultimate 15 grantee; 16 ‘‘(C) to improve program performance re- 17 porting and program performance measurements 18 to facilitate designing, implementing, and en- 19 forcing procedures under Operation Stonegarden; 20 and 21 ‘‘(D) to require the recording of standard- 22 ized performance data regarding program out- 23 put. 24 VerDate Sep 11 2014 01:17 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S2750.RS S2750 kjohnson on DSK79L0C42PROD with BILLS 8 •S 2750 RS ‘‘(2) SUBMISSION.—Not later than 90 days after 1 the date of the enactment of the Operation 2 Stonegarden Authorization Act, the Administrator 3 shall submit the guidelines established under para- 4 graph (1) to— 5 ‘‘(A) the Committee on Homeland Security 6 and Governmental Affairs of the Senate; 7 ‘‘(B) the Committee on Homeland Security 8 of the House of Representatives; and 9 ‘‘(C) the Committee on Oversight and Re- 10 form of the House of Representatives. 11 ‘‘(g) FINANCIAL REVIEW GUIDELINES.— 12 ‘‘(1) IN GENERAL.—The Administrator, in co- 13 ordination with the Commissioner of U.S. Customs 14 and Border Protection, shall develop and implement 15 guidelines establishing procedures for implementing 16 the auditing and reporting requirements set forth in 17 section 2022 with respect to Operation Stonegarden. 18 ‘‘(2) SUBMISSION.—Not later than 90 days after 19 the date of the enactment of the Operation 20 Stonegarden Authorization Act, the Administrator 21 shall submit the guidelines developed under para- 22 graph (1) to the congressional committees listed under 23 subsection (f)(2). 24 VerDate Sep 11 2014 01:17 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S2750.RS S2750 kjohnson on DSK79L0C42PROD with BILLS 9 •S 2750 RS ‘‘(h) REPORT AND BRIEFING.—During each of the fis- 1 cal years 2020 through 2024, the Administrator, in coordi- 2 nation with the Commissioner of U.S. Customs and Border 3 Protection, shall submit a report and provide a briefing to 4 the congressional committees listed under subsection (f)(2) 5 that includes, for the period covered by the report— 6 ‘‘(1) information on how each recipient of a 7 grant under Operation Stonegarden expended 8 amounts received under the grant; 9 ‘‘(2) information regarding the nature of oper- 10 ations carried out using amounts made available 11 under Operation Stonegarden; and 12 ‘‘(3) in the first report submitted under this sub- 13 section— 14 ‘‘(A) an examination of the effects changing 15 Operation Stonegarden to award multi-year 16 grants would have on its mission; and 17 ‘‘(B) the findings and recommendations of 18 the Administrator regarding what changes could 19 improve Operation Stonegarden, which may in- 20 clude feedback from grant recipients. 21 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 22 authorized to be appropriated $110,000,000 for each of the 23 fiscal years 2020 through 2024 for grants under this sec- 24 tion.’’. 25 VerDate Sep 11 2014 01:17 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S2750.RS S2750 kjohnson on DSK79L0C42PROD with BILLS 10 •S 2750 RS (b) CONFORMING AMENDMENT.—Section 2002(a) of 1 the Homeland Security Act of 2002 (6 U.S.C. 603(a)) is 2 amended to read as follows: 3 ‘‘(a) GRANTS AUTHORIZED.—The Secretary may 4 award grants under sections 2003, 2004, and 2009 to State, 5 tribal, territorial, and local governments, as appropriate.’’. 6 (c) CLERICAL AMENDMENT.—The table of contents in 7 section 1(b) of the Homeland Security Act of 2002 is 8 amended by inserting after the item relating to section 2008 9 the following: 10 ‘‘Sec. 2009. Operation Stonegarden.’’. VerDate Sep 11 2014 01:17 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6213 E:\BILLS\S2750.RS S2750 kjohnson on DSK79L0C42PROD with BILLS VerDate Sep 11 2014 01:17 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6213 E:\BILLS\S2750.RS S2750 kjohnson on DSK79L0C42PROD with BILLS Calendar No. 410 116TH CONGRESS 2D SESSION S. 2750 [Report No. 116–212] A BILL To amend the Homeland Security Act of 2002 to authorize the Operation Stonegarden grant pro- gram, and for other purposes. FEBRUARY 4, 2020 Reported with an amendment VerDate Sep 11 2014 01:17 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\S2750.RS S2750 kjohnson on DSK79L0C42PROD with BILLS