II 

112TH CONGRESS 

1ST SESSION S. 1546 

To authorize certain programs of the Department of Homeland Security, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 13, 2011 

Mr. LIEBERMAN (for himself and Ms. COLLINS) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To authorize certain programs of the Department of 

Homeland Security, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Department of Homeland Security Authorization Act of 

6 2011’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—MANAGEMENT AND EFFICIENCY 


emcdonald on DSK5VPTVN1PROD with BILLS
2 

•S 1546 IS

Sec. 101. Department of Homeland Security investment review. 

Sec. 102. Acquisition professional career program. 

Sec. 103. Strategic plan for acquisition workforce. 

Sec. 104. Notification to Congress of major awards. 

Sec. 105. Independent verification and validation. 

Sec. 106. Other transaction authority. 

Sec. 107. Report on competition. 

Sec. 108. Open architecture study. 

Sec. 109. Cost analysis division. 

Sec. 110. Strategic acquisition plan. 

Sec. 111. Transparency and innovation in acquisition. 

Sec. 112. Disaster relief procurement authorities. 

Sec. 113. Special emergency procurement authority for domestic emergency operations. 

Sec. 114. Field efficiencies report and implementation plan. 

Sec. 115. Cost savings and efficiency reviews. 

Sec. 116. Consolidation of youth programs. 

TITLE II—STRUCTURE AND ORGANIZATION 

Sec. 201. Under Secretary for Policy. 

Sec. 202. Office of International Affairs. 

Sec. 203. Chief Medical Officer. 

Sec. 204. Quadrennial homeland security review. 

Sec. 205. Designation of foreign terrorist organizations. 

Sec. 206. Office for Domestic Preparedness termination. 

Sec. 207. State and Local Government Coordination. 

Sec. 208. Termination of Office of Counternarcotics Enforcement. 

Sec. 209. Reorganization authority. 

Sec. 210. Chief Information Officer. 

Sec. 211. Department of Homeland Security headquarters. 

Sec. 212. Future Years Homeland Security Program. 

Sec. 213. Countering homegrown terrorism. 

Sec. 214. Office of Cargo Security Policy. 

Sec. 215. Technical and conforming amendments. 

TITLE III—INFRASTRUCTURE PROTECTION AND RESILIENCE 

Sec. 301. Infrastructure Protection and Resilience Directorate. 

Sec. 302. Federal Protective Service. 

TITLE IV—PREPAREDNESS, RESPONSE, AND RECOVERY 

Sec. 401. Catastrophic incident planning. 

Sec. 402. Preparedness of individuals and communities. 

Sec. 403. Federal response and recovery preparedness officials. 

Sec. 404. Recovery. 

Sec. 405. Enhancing response and recovery operations and programs. 

Sec. 406. Department and agency officials. 

Sec. 407. Infrastructure protection assistance. 

Sec. 408. Federal-State border security cooperation. 

Sec. 409. Emergency management assistance compact. 

Sec. 410. Repeal of emergency operations center grant program. 

Sec. 411. Performance measures. 

Sec. 412. Communications planning. 

Sec. 413. Guidelines concerning weapons of mass destruction. 


emcdonald on DSK5VPTVN1PROD with BILLS
3 

•S 1546 IS

Sec. 414. Plume modeling. 

Sec. 415. Identification of disaster management resources. 

Sec. 416. Antifraud training. 

Sec. 417. Information technology. 

Sec. 418. Metropolitan Medical Response System. 

Sec. 419. Regional Catastrophic Grant Program. 

Sec. 420. Report on consolidation of grant programs. 

TITLE V—BORDER SECURITY 

Sec. 501. Workforce staffing plan. 

Sec. 502. Surge deployment. 

Sec. 503. Enhanced training for Border Patrol agents. 

Sec. 504. Outbound inspections. 

Sec. 505. Situational awareness of the northern border. 

Sec. 506. Office of International Travel Security and Screening. 

Sec. 507. Visa security. 

Sec. 508. Report on border security task forces and drug intelligence centers. 

TITLE VI—INTELLIGENCE AND INFORMATION-SHARING 

PROVISIONS 

Sec. 601. Authorization of intelligence activities. 

Sec. 602. Classified National Security Information Program for States, local 

governments, Indian tribes, and private sector entities. 

Sec. 603. Flexible personnel management at the Office of Intelligence and 

Analysis. 

Sec. 604. Under Secretary for Intelligence and Analysis technical correction. 

TITLE VII—SCIENCE AND TECHNOLOGY PROVISIONS 

Sec. 701. Directorate of science and technology. 

Sec. 702. Director of testing and evaluation. 

Sec. 703. Five-year research and development investment plan; technology readiness assessment process; and availability of testing facilities 

and equipment. 

Sec. 704. National academy of sciences report. 

Sec. 705. Domestic nuclear detection office. 

Sec. 706. Flexible personnel management at the Science and Technology Directorate. 

Sec. 707. Technical and conforming amendment. 

1 SEC. 2. DEFINITIONS. 

2 In this Act— 

3 (1) the term ‘‘Department’’ means the Depart4 ment of Homeland Security; and 

5 (2) the term ‘‘Secretary’’ means the Secretary 

6 of Homeland Security. 


emcdonald on DSK5VPTVN1PROD with BILLS
4 

•S 1546 IS

1 TITLE I—MANAGEMENT AND 

2 EFFICIENCY 

3 SEC. 101. DEPARTMENT OF HOMELAND SECURITY INVEST4 MENT REVIEW. 

5 (a) IN GENERAL.—Subtitle D of title VIII of the 

6 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 

7 is amended by adding at the end the following new section: 

8 ‘‘SEC. 836. DEPARTMENT INVESTMENT REVIEW. 

9 ‘‘(a) ESTABLISHMENT OF PROCESS.—The Secretary 

10 shall establish a process for the review of proposed invest11 ments by the Department. 

12 ‘‘(b) PURPOSE.—The Secretary shall use the process 

13 established under subsection (a) to provide a consistent 

14 method to evaluate the progress and status of acquisitions 

15 at critical points in the acquisition life cycle, inform invest16 ment decisions, strengthen acquisition oversight, and im17 prove resource management throughout the Department. 

18 ‘‘(c) ACQUISITION REVIEW BOARD.— 

19 ‘‘(1) ESTABLISHMENT.—The Secretary shall es20 tablish a Department-wide Acquisition Review Board 

21 for the purpose of carrying out the investment re22 view process established under subsection (a). 

23 ‘‘(2) MEMBERSHIP.—The Secretary shall— 


emcdonald on DSK5VPTVN1PROD with BILLS
5 

•S 1546 IS

1 ‘‘(A) designate the Director of Cost Anal2 ysis as a member of the Acquisition Review 

3 Board; and 

4 ‘‘(B) designate other appropriate officials 

5 of the Department to serve on the Acquisition 

6 Review Board. 

7 ‘‘(3) SUBORDINATE BOARDS AND COUNCILS.— 

8 The Secretary may establish, as needed, subordinate 

9 boards and councils reporting to the Acquisition Re10 view Board to review certain categories of invest11 ments on a Department-wide basis. 

12 ‘‘(d) RISK-BASED CRITERIA FOR REVIEW.—The Sec13 retary shall establish risk-based criteria for the review of 

14 investments by the Acquisition Review Board and any sub15 ordinate boards and councils, which should include thresh16 old dollar amounts. 

17 ‘‘(e) REPORTING REQUIREMENTS.— 

18 ‘‘(1) ACQUISITION DECISION MEMORANDA.— 

19 Not later than three business days after signature of 

20 any acquisition decision memorandum of the Acqui21 sition Review Board, the Under Secretary for Man22 agement shall provide a copy of the memorandum, 

23 together with a copy of the Letter of Assessment 

24 signed by the Director of Testing and Evaluation, to 

25 the Committee on Homeland Security and GovernVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
6 

•S 1546 IS

1 mental Affairs of the Senate and the Committee on 

2 Homeland Security of the House or Representatives. 

3 ‘‘(2) QUARTERLY STATUS REPORTS.—The 

4 Under Secretary for Management shall provide a 

5 quarterly report to the Committee on Homeland Se6 curity and Governmental Affairs of the Senate and 

7 the Committee on Homeland Security of the House 

8 of Representatives detailing the status of each acqui9 sition subject to the review process established by 

10 this section. The report shall include the following 

11 elements: 

12 ‘‘(A) A description of the acquisition. 

13 ‘‘(B) The status of review of the acquisi14 tion by the Acquisition Review Board or other 

15 board designated to review the acquisition. 

16 ‘‘(C) The estimated life-cycle cost of the 

17 acquisition, and the basis for the estimate. 

18 ‘‘(D) The Acquisition Program Baseline 

19 approved by the Acquisition Review Board. 

20 ‘‘(E) Information on whether the Acquisi21 tion Review Board has reviewed and approved 

22 other key planning documents, including, as ap23 plicable— 

24 ‘‘(i) a Concept of Operations; 

25 ‘‘(ii) a Statement of Mission Need; 


emcdonald on DSK5VPTVN1PROD with BILLS
7 

•S 1546 IS

1 ‘‘(iii) an Analysis of Alternatives; 

2 ‘‘(iv) an Operational Requirements 

3 Document; 

4 ‘‘(v) an Acquisition Plan; and 

5 ‘‘(vi) an Integrated Logistics Support 

6 Plan. 

7 ‘‘(F) Identification of acquisitions that 

8 have not met cost, schedule, or performance pa9 rameters, and a description of the corrective 

10 measures implemented or planned for such ac11 quisitions. 

12 ‘‘(G) An indication of whether a certified 

13 program manager has been assigned to the ac14 quisition.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 in section 1(b) of such Act (6 U.S.C. 101(b)) is amended 

17 by inserting after the item relating to section 835 the fol18 lowing new item: 

‘‘Sec. 836. Department investment review.’’. 

19 SEC. 102. ACQUISITION PROFESSIONAL CAREER PROGRAM. 

20 (a) ESTABLISHMENT.—The Secretary shall establish 

21 an acquisition professional career program for selected 

22 professionals to foster the recruitment, training, certifi23 cation, and retention of qualified acquisition personnel 

24 throughout the Department. 


emcdonald on DSK5VPTVN1PROD with BILLS
8 

•S 1546 IS

1 (b) CAREER FIELDS COVERED.—The program estab2 lished under subsection (a) shall provide training in key 

3 acquisition career fields supporting the entire life cycle of 

4 acquisitions, including the positions of contract specialist, 

5 program manager, logistician, systems engineer, cost esti6 mator, and information technology acquisition specialist. 

7 (c) ROTATIONAL ASSIGNMENTS.—To the extent prac8 ticable, the Department should strive to have participants 

9 in the program established under subsection (a) complete, 

10 at a minimum, three rotational assignments, to be at least 

11 one year in length unless otherwise provided by the Sec12 retary, at Department components in order to gain a 

13 broad perspective on how acquisitions support the Depart14 ment’s missions. 

15 (d) SIZE.—The size of the program established under 

16 subsection (a) shall be commensurate with available fund17 ing and consistent with the projected acquisition workforce 

18 needs established in the strategic plan for acquisition 

19 workforce required by section 103. 

20 (e) RULE OF CONSTRUCTION.—Nothing in this sec21 tion shall be construed to conflict with or supersede the 

22 authority vested in the Administrator for Federal Procure23 ment Policy. 


emcdonald on DSK5VPTVN1PROD with BILLS
9 

•S 1546 IS

1 SEC. 103. STRATEGIC PLAN FOR ACQUISITION WORK2 FORCE. 

3 (a) STRATEGIC HUMAN CAPITAL PLAN.—Not later 

4 than 1 year after the date of enactment of this Act, and 

5 at a minimum every 3 years thereafter, the Secretary shall 

6 develop a long-term strategic human capital plan for the 

7 recruitment, retention, and training of the Department’s 

8 acquisition workforce that is consistent with requirements 

9 issued by the Administrator for Federal Procurement Pol10 icy and includes— 

11 (1) an identification of gaps in capabilities in 

12 each component of the Department for, at a min13 imum, the acquisition career fields identified pursu14 ant to section 102, and specific steps that will be 

15 taken to address those gaps; 

16 (2) projections in personnel needed for each ac17 quisition career field in each component; and 

18 (3) a plan and projected schedule for training 

19 the acquisition workforce. 

20 (b) SUBMISSION TO CONGRESS.—The Secretary shall 

21 deliver a copy of the strategic plan developed pursuant to 

22 subsection (a) to the Committee on Homeland Security 

23 and Governmental Affairs of the Senate and the Com24 mittee on Homeland Security of the House of Representa25 tives. 


emcdonald on DSK5VPTVN1PROD with BILLS
10 

•S 1546 IS

1 SEC. 104. NOTIFICATION TO CONGRESS OF MAJOR AWARDS. 

2 (a) REPORTING OF SIGNIFICANT CONTRACTS.—The 

3 Secretary shall notify the Committee on Homeland Secu4 rity and Governmental Affairs of the Senate and the Com5 mittee on Homeland Security of the House of Representa6 tives at least 3 business days before— 

7 (1) making a contract award, other transaction 

8 agreement, or task and delivery order exceeding 

9 $10,000,000; or 

10 (2) announcing the intention to make such an 

11 award. 

12 (b) EXCEPTION.—If the Secretary determines that 

13 compliance with this section would pose a substantial risk 

14 to human life, health, or safety, an award may be made 

15 without the notification required by subsection (a), and 

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 shall be notified 

19 not later than 5 business days after such an award is 

20 made. 

21 SEC. 105. INDEPENDENT VERIFICATION AND VALIDATION. 

22 (a) GUIDANCE REQUIRED.—Not later than 270 days 

23 after the date of the enactment of this Act, the Chief Pro24 curement Officer of the Department, in consultation with 

25 the Chief Information Officer of the Department, shall 

26 issue guidance on use of independent verification and valiVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
11 

•S 1546 IS

1 dation to provide a process for the independent evaluation 

2 of the integrity and quality of major acquisitions. The 

3 guidance shall include— 

4 (1) a definition of independent verification and 

5 validation for consistent use by Department compo6 nents; 

7 (2) criteria for applying and planning inde8 pendent verification and validation that— 

9 (A) gives priority for consideration of inde10 pendent verification and validation based on 

11 factors including mission criticality of the pro12 gram and its components and potential impacts 

13 to the program from undetected system errors; 

14 (B) includes appropriate thresholds above 

15 which acquisitions may not proceed without 

16 independent verification and validation unless 

17 authorized to do so by the Acquisition Review 

18 Board established under section 836 of the 

19 Homeland Security Act of 2002, as added by 

20 section 101; and 

21 (C) ensures, where reasonable and appro22 priate, use of resources of the Federal Govern23 ment to perform independent verification and 

24 validation; 


emcdonald on DSK5VPTVN1PROD with BILLS
12 

•S 1546 IS

1 (3) procedures for ensuring the managerial, fi2 nancial, and technical independence of providers of 

3 independent verification and validation from the per4 sonnel who develop, manage, and perform acquisi5 tions for the program, in order to obtain unbiased 

6 reviews of acquisitions; 

7 (4) methods for integrating independent 

8 verification and validation results into program man9 agement; 

10 (5) procedures to monitor and ensure imple11 mentation of the guidance and to take corrective ac12 tion when necessary; and 

13 (6) mechanisms to collect and analyze data on 

14 independent verification and validation to facilitate 

15 lessons learned and evaluate the effectiveness of the 

16 investments of the Department. 

17 (b) RESTRICTION ON DEVELOPMENT OF GUID18 ANCE.—The development of the guidance required under 

19 subsection (a) shall be considered an inherently govern20 mental function. 

21 (c) REPORTING TO CONGRESS.— 

22 (1) QUARTERLY REPORTS.—The quarterly re23 ports required by section 836(e)(2) of the Homeland 

24 Security Act of 2002 (6 U.S.C. 391 et seq.), as 

25 added by section 101, shall include, for any acquisiVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
13 

•S 1546 IS

1 tion that is granted initial approval to proceed by 

2 the Acquisition Review Board without a plan for 

3 independent verification and validation, an expla4 nation of the decision not to employ independent 

5 verification and validation. 

6 (2) INFORMATION TECHNOLOGY.—Not later 

7 than 270 days after the date of enactment of this 

8 Act, the Chief Procurement Officer of the Depart9 ment shall submit to the Committee on Homeland 

10 Security and Governmental Affairs of the Senate 

11 and the Committee on Homeland Security of the 

12 House of Representatives a report on the actions the 

13 Department is taking to address the recommenda14 tions included in the July 2011 report of the Gov15 ernment Accountability Office entitled ‘‘Information 

16 Technology: DHS Needs to Improve Its Independent 

17 Acquisition Reviews’’ (GAO–11–581), including any 

18 actions taken to improve the use of independent 

19 verification and validation for the 8 programs identi20 fied in the report. 

21 SEC. 106. OTHER TRANSACTION AUTHORITY. 

22 Section 831 of the Homeland Security Act of 2002 

23 (6 U.S.C. 391) is amended— 


emcdonald on DSK5VPTVN1PROD with BILLS
14 

•S 1546 IS

1 (1) in subsection (a), by striking ‘‘Until Sep2 tember 30, 2010’’ and inserting ‘‘Until September 

3 30, 2016’’; 

4 (2) in subsection (b), by striking ‘‘Not later 

5 than 2 years after the effective date of this Act, and 

6 annually thereafter’’ and inserting ‘‘Not later than 

7 September 30, 2015’’; and 

8 (3) in subsection (d)(1), by striking ‘‘September 

9 30, 2010’’ and inserting ‘‘September 30, 2016’’. 

10 SEC. 107. REPORT ON COMPETITION. 

11 Not later than 270 days after the date of the enact12 ment of this Act, the Inspector General of the Department 

13 of Homeland Security shall prepare a report analyzing the 

14 use of competition in the award of contracts by the De15 partment under the requirements of the Competition in 

16 Contracting Act (41 U.S.C. 3301 et seq.), which shall in17 clude— 

18 (1) for each component of the Department, the 

19 total number and dollar value of new contracts for 

20 each of the last three full fiscal years for which data 

21 is available, and, of that total number, the number 

22 of contracts— 

23 (A) entered into without full and open 

24 competition; and 


emcdonald on DSK5VPTVN1PROD with BILLS
15 

•S 1546 IS

1 (B) awarded under competition after re2 ceipt of only one offer; 

3 (2) a statistical analysis of statutory exceptions 

4 used to enter contracts without full and open com5 petition; 

6 (3) a discussion of the trends in competition in 

7 each component; and 

8 (4) a comparison of the percentage of contracts 

9 awarded under full and open competition by the De10 partment and the percentage of contracts awarded 

11 under full and open competition by other major 

12 agencies. 

13 SEC. 108. OPEN ARCHITECTURE STUDY. 

14 (a) ESTABLISHMENT.—Not later than 90 days after 

15 the date of the enactment of this Act, the Under Secretary 

16 for Management shall commence a study within the De17 partment to examine ways in which performance may be 

18 improved, costs may be reduced, and opportunities for 

19 competition may be increased through an open architec20 ture approach to acquisitions. 

21 (b) PARTICIPANTS IN THE STUDY.—The study shall 

22 contain input from the following officials: 

23 (1) The Chief Procurement Officer of the De24 partment. 


emcdonald on DSK5VPTVN1PROD with BILLS
16 

•S 1546 IS

1 (2) The Chief Information Officer of the De2 partment. 

3 (3) The Chief Acquisition Executives of the De4 partment’s components. 

5 (4) The Heads of Contracting Activity of the 

6 Department’s components. 

7 (5) The Chief Information Officers of the De8 partment’s components. 

9 (6) The Director of Acquisition Support and 

10 Operations Analysis of the Science and Technology 

11 Directorate. 

12 (7) Any other official of the Department identi13 fied by the Under Secretary for Management. 

14 (c) STUDY.— 

15 (1) IN GENERAL.—Not later than 270 days 

16 after the date of the enactment of this Act, the 

17 Under Secretary for Management shall submit to 

18 the Committee on Homeland Security and Govern19 mental Affairs of the Senate, and the Committee on 

20 Homeland Security of the House of Representatives 

21 a report— 

22 (A) assessing the current use of open ar23 chitecture by the Department; 


emcdonald on DSK5VPTVN1PROD with BILLS
17 

•S 1546 IS

1 (B) making recommendations, as appro2 priate, on the benefits of expanded use of open 

3 architecture by the Department; 

4 (C) describing the internal capabilities nec5 essary for executing acquisitions under an open 

6 architecture model; and 

7 (D) identifying, as appropriate, acquisi8 tions for which use of open architecture would 

9 be beneficial. 

10 (2) USE OF LESSONS LEARNED.—In preparing 

11 the report, the participants in the study should draw 

12 on lessons learned from the use of open architecture 

13 at the Department of Defense. 

14 (d) OPEN ARCHITECTURE DEFINED.—In this sec15 tion, the term ‘‘open architecture’’ means the employment 

16 of business and technical practices that yield modular, 

17 interoperable systems that adhere to standards with open 

18 interfaces, with a goal of encouraging competitive pro19 posals from multiple qualified sources and rapid incorpo20 ration of innovative technologies into systems. 

21 (e) TERMINATION.—The study shall be deemed com22 pleted upon submission of the report required by sub23 section (c). 


emcdonald on DSK5VPTVN1PROD with BILLS
18 

•S 1546 IS

1 SEC. 109. COST ANALYSIS DIVISION. 

2 (a) IN GENERAL.—Subtitle D of title VIII of the 

3 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), 

4 as amended by section 101(a), is further amended by add5 ing at the end the following new section: 

6 ‘‘SEC. 837. COST ANALYSIS DIVISION. 

7 ‘‘(a) ESTABLISHMENT.—There is established within 

8 the Department a Cost Analysis Division, which shall re9 port to the Under Secretary for Management, to ensure 

10 that program cost estimates— 

11 ‘‘(1) are accurate reflections of program re12 quirements; and 

13 ‘‘(2) increase the capability of the Department 

14 for informed investment decisions, budget formula15 tion, measurement of progress, and accountability. 

16 ‘‘(b) DUTIES.—The duties of the Cost Analysis Divi17 sion shall include— 

18 ‘‘(1) validating program life-cycle cost estimates 

19 as part of the investment review process established 

20 under section 836; 

21 ‘‘(2) providing independent cost estimates of 

22 major programs at major milestone points; 

23 ‘‘(3) prescribing policies and procedures for the 

24 conduct of cost estimation and cost analysis for ac25 quisition programs of the Department; 


emcdonald on DSK5VPTVN1PROD with BILLS
19 

•S 1546 IS

1 ‘‘(4) issuing guidance relating to full consider2 ation of life-cycle management and sustainability 

3 costs in acquisition programs of the Department; 

4 ‘‘(5) providing assistance, training, and over5 sight of the cost analysis capabilities of the compo6 nents of the Department; 

7 ‘‘(6) leveraging, where possible, existing data8 bases and system resources maintained by other 

9 Federal agencies in the development of the Depart10 ment’s cost database, and sharing relevant informa11 tion and best practices related to cost databases with 

12 other agencies; and 

13 ‘‘(7) leading the development of— 

14 ‘‘(A) improved analytical skills and com15 petencies within the cost assessment workforce 

16 of the Department; and 

17 ‘‘(B) tools, data, and methods to promote 

18 improved performance, economy, and efficiency 

19 in planning and allocation of homeland security 

20 resources. 

21 ‘‘(c) DIRECTOR OF COST ANALYSIS.— 

22 ‘‘(1) IN GENERAL.—The Cost Analysis Division 

23 shall be headed by a Director of Cost Analysis who 

24 shall serve as the principal advisor to the Secretary 

25 and other senior officials of the Department on cost 


emcdonald on DSK5VPTVN1PROD with BILLS
20 

•S 1546 IS

1 estimation and cost analysis for acquisition pro2 grams of the Department. 

3 ‘‘(2) AVAILABILITY OF RESOURCES.—The Sec4 retary shall ensure that the Director of Cost Anal5 ysis— 

6 ‘‘(A) promptly receives the results of— 

7 ‘‘(i) all cost estimates and cost anal8 yses conducted by components of the De9 partment for any acquisition subject to the 

10 investment review process established 

11 under section 836; and 

12 ‘‘(ii) all studies conducted by the com13 ponents in connection with such acquisi14 tions; and 

15 ‘‘(B) has timely access to any records and 

16 data in the Department that the Director con17 siders necessary to review in order to carry out 

18 any duties under this section.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents 

20 in section 1(b) of such Act (6 U.S.C. 101(b)), as amended 

21 by section 101(b), is further amended by inserting after 

22 the item relating to section 836 the following new item: 

‘‘Sec. 837. Cost analysis division.’’. 

23 SEC. 110. STRATEGIC ACQUISITION PLAN. 

24 (a) IN GENERAL.—Subtitle D of title VIII of the 

25 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), 


emcdonald on DSK5VPTVN1PROD with BILLS
21 

•S 1546 IS

1 as amended by section 109(a), is further amended by add2 ing at the end the following new section: 

3 ‘‘SEC. 838. STRATEGIC ACQUISITION PLAN. 

4 ‘‘Not later than one year after the date of enactment 

5 of the Department of Homeland Security Authorization 

6 Act of 2011, and annually thereafter, the Under Secretary 

7 for Management shall make publicly available on the 

8 Internet website of the Department a strategic acquisition 

9 plan that includes— 

10 ‘‘(1) guiding principles, overarching goals, and 

11 specific objectives of the Department’s acquisitions; 

12 ‘‘(2) anticipated procurement needs over 1-year 

13 and, at a minimum, 5-year periods with specific in14 formation on— 

15 ‘‘(A) program-level needs; 

16 ‘‘(B) anticipated multi-year procurements; 

17 and 

18 ‘‘(C) expected major changes in ongoing or 

19 planned procurements; and 

20 ‘‘(3) plans for utilization of strategic sourcing 

21 through Department-wide or government-wide con22 tracts.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 in section 1(b) of such Act (6 U.S.C. 101(b)), as amended 


emcdonald on DSK5VPTVN1PROD with BILLS
22 

•S 1546 IS

1 by section 109(b), is further amended by inserting after 

2 the item relating to section 837 the following new item: 

‘‘Sec. 838. Strategic acquisition plan.’’. 

3 SEC. 111. TRANSPARENCY AND INNOVATION IN ACQUISI4 TION. 

5 (a) IN GENERAL.—Subtitle D of title VIII of the 

6 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), 

7 as amended by section 110(a), is further amended by add8 ing at the end the following new section: 

9 ‘‘SEC. 839. TRANSPARENCY AND INNOVATION IN ACQUISI10 TION. 

11 ‘‘The Under Secretary for Management, consistent 

12 with applicable law, regulations, and policy shall— 

13 ‘‘(1) ensure that acquisition personnel provide 

14 information on acquisition needs of the Department 

15 to the private sector and nongovernmental organiza16 tions; 

17 ‘‘(2) ensure that the Department’s website in18 cludes information on programs, policies, and initia19 tives designed to encourage small businesses to par20 ticipate in Department acquisitions; 

21 ‘‘(3) provide information on the Department’s 

22 website to guide interactions between the Depart23 ment and vendors; 

24 ‘‘(4) provide information on the Department’s 

25 procurements on the Department’s website; 


emcdonald on DSK5VPTVN1PROD with BILLS
23 

•S 1546 IS

1 ‘‘(5) promote use of consistent, shared termi2 nology and definitions within the Department and in 

3 the solicitations, contracts, grants, and other trans4 actions of the Department with the private sector; 

5 ‘‘(6) encourage appropriate use of requests for 

6 information and other pre-solicitation means of 

7 gathering knowledge about the marketplace; and 

8 ‘‘(7) ensure that debriefings to unsuccessful 

9 offerors, including those required by the Federal Ac10 quisition Regulation, provide adequate explanation of 

11 the basis for an award decision.’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents 

13 in section 1(b) of such Act (6 U.S.C. 101(b)), as amended 

14 by section 110(b), is further amended by inserting after 

15 the item relating to section 838 the following new item: 

‘‘Sec. 839. Transparency and innovation in acquisition.’’. 

16 SEC. 112. DISASTER RELIEF PROCUREMENT AUTHORITIES. 

17 (a) CONFORMING DISASTER RELIEF AUTHORITIES

18 TO THE FEDERAL ACQUISITION REGULATION.—Subtitle 

19 F of the Post-Katrina Emergency Management Reform 

20 Act of 2006 (title VI of Public Law 109–295; 120 Stat. 

21 1457) is amended by striking sections 692 and 695 (6 

22 U.S.C. 792 and 794). 

23 (b) STREAMLINING REGISTRATION FOR VOLUNTARY

24 DISASTER RESPONSE REGISTRY.—Section 697(b) of the 

25 Post-Katrina Emergency Management Reform Act of 


emcdonald on DSK5VPTVN1PROD with BILLS
24 

•S 1546 IS

1 2006 (title VI of Public Law 109–295; 6 U.S.C. 796(b)) 

2 is amended— 

3 (1) by amending paragraph (3) to read as fol4 lows: 

5 ‘‘(3) SOURCE OF INFORMATION.—Information 

6 maintained in the registry shall be submitted on a 

7 voluntary basis and be kept current by the submit8 ting business concerns.’’; and 

9 (2) in paragraph (5), by striking ‘‘consult the 

10 registry’’ and inserting ‘‘consult the Central Con11 tractor Registration database maintained under sub12 part 4.11 of the Federal Acquisition Regulation, or 

13 any successor thereto’’. 

14 SEC. 113. SPECIAL EMERGENCY PROCUREMENT AUTHOR15 ITY FOR DOMESTIC EMERGENCY OPER16 ATIONS. 

17 Section 1903 of title 41, United States Code, is 

18 amended— 

19 (1) in subsection (a)— 

20 (A) by redesignating paragraphs (1) and 

21 (2) as subparagraphs (A) and (B), respectively, 

22 and moving such subparagraphs, as so redesig23 nated, two ems to the right; 


emcdonald on DSK5VPTVN1PROD with BILLS
25 

•S 1546 IS

1 (B) by striking ‘‘with respect to a procure2 ment’’ and inserting the following: ‘‘with re3 spect to— 

4 ‘‘(1) a procurement’’; 

5 (C) in subparagraph (B), as redesignated 

6 by subparagraph (A) of this paragraph, by 

7 striking ‘‘United States.’’ and inserting ‘‘United 

8 States; and’’; and 

9 (D) by adding at the end the following new 

10 subparagraph: 

11 ‘‘(C) a procurement of property or services 

12 by or for the Department of Homeland Security 

13 that the Secretary of Homeland Security deter14 mines are to be used in support of domestic 

15 emergency operations, in accordance with sub16 section (d).’’; 

17 (2) in subsection (c)(1), by striking ‘‘subsection 

18 (a)(2)’’ and inserting ‘‘subsection (a)(1)(B)’’; and 

19 (3) by adding at the end the following new sub20 section: 

21 ‘‘(d) DOMESTIC EMERGENCY OPERATIONS.—The 

22 Secretary of Homeland Security, or a designee at the 

23 Chief Procurement Officer level or higher, in consultation 

24 with the Administrator, may utilize the authorities pro25 vided under paragraphs (1)(A), (2)(A), and (3) of subVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
26 

•S 1546 IS

1 section (b) in a domestic emergency operation to provide 

2 support for— 

3 ‘‘(1) an emergency or major disaster, as those 

4 terms are defined under section 102 of the Robert 

5 T. Stafford Disaster Relief and Emergency Assist6 ance Act (42 U.S.C. 5122); or 

7 ‘‘(2) any occasion or instance for which the Sec8 retary of Homeland Security determines Federal as9 sistance is needed to supplement State and local ef10 forts and capabilities to save lives and to protect 

11 property and public health and safety, or to lessen 

12 or avert the threat of a catastrophe in any part of 

13 the United States.’’. 

14 SEC. 114. FIELD EFFICIENCIES REPORT AND IMPLEMENTA15 TION PLAN. 

16 (a) DEFINITION.—In this section, the term ‘‘des17 ignated geographic area’’— 

18 (1) means an area designated by the Secretary 

19 where there is a substantial physical presence of 

20 more than 1 component or operational entity of a 

21 component of the Department; and 

22 (2) does not include the National Capitol Re23 gion, as defined under section 2674 of title 10, 

24 United States Code. 

25 (b) REPORT AND PLAN.— 


emcdonald on DSK5VPTVN1PROD with BILLS
27 

•S 1546 IS

1 (1) IN GENERAL.—Not later than 9 months 

2 after the date of enactment of this Act, the Sec3 retary shall submit to the Committee on Homeland 

4 Security and Governmental Affairs of the Senate 

5 and the Committee on Homeland Security of the 

6 House of Representatives an efficiencies report and 

7 implementation plan that— 

8 (A) examines the facilities and administra9 tive and logistics functions of components or 

10 operational entities of components of the De11 partment located within designated geographic 

12 areas; and 

13 (B) provides specific recommendations and 

14 an associated cost-benefit analysis for the con15 solidation of the facilities and administrative 

16 and logistics functions of components or oper17 ational entities of components of the Depart18 ment within each designated geographic area. 

19 (2) CONTENTS.—The efficiencies report and 

20 implementation plan submitted under paragraph (1) 

21 shall— 

22 (A) describe the facilities and administra23 tive and logistics functions of components or 

24 operational entities of components of the DeVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
28 

•S 1546 IS

1 partment located within each designated geo2 graphic area; 

3 (B) evaluate for each designated geo4 graphic area— 

5 (i) specific facilities at which compo6 nents or operational entities of components 

7 of the Department may be closed or con8 solidated, including the consideration of 

9 when leases expire or facilities owned by 

10 the Government become available; 

11 (ii) the potential for the consolidation 

12 of administrative and logistics functions, 

13 including— 

14 (I) engineering services; 

15 (II) facility maintenance; 

16 (III) janitorial services; 

17 (IV) fleet vehicle services; 

18 (V) shipping and receiving; 

19 (VI) facility security; 

20 (VII) procurement of goods and 

21 services; 

22 (VIII) mail handling; 

23 (IX) administrative support; and 


emcdonald on DSK5VPTVN1PROD with BILLS
29 

•S 1546 IS

1 (X) information technology and 

2 telecommunications services and sup3 port; and 

4 (iii) additional ways to improve unity 

5 of effort and cost savings for field oper6 ations and related support activities; 

7 (C) detail any other opportunities to im8 prove efficiency or reduce costs identified by a 

9 component of the Department; and 

10 (D) from the elimination of duplicative 

11 component support functions, consolidation of 

12 facilities, and implementation of additional 

13 operational initiatives, reduce the aggregate 

14 amount of expenditures on all Department fa15 cilities, administrative and logistics functions, 

16 and operational activities in designated geo17 graphic areas by 5 percent. 

18 (3) IMPLEMENTATION.—Not later than 2 years 

19 after the date of enactment of this Act, the imple20 mentation plan required by this section shall be fully 

21 implemented. 

22 SEC. 115. COST SAVINGS AND EFFICIENCY REVIEWS. 

23 (a) MANAGEMENT AND ADMINISTRATIVE SAVINGS.— 

24 Not later than 270 days after the date of enactment of 

25 this Act, the Secretary, acting through the Under SecVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
30 

•S 1546 IS

1 retary for Management, shall submit to the Committee on 

2 Homeland Security and Governmental Affairs of the Sen3 ate and the Committee on Homeland Security of the 

4 House of Representatives a report that— 

5 (1) provides a detailed accounting of the man6 agement and administrative expenditures and activi7 ties of the components of the Department; and 

8 (2) identifies potential cost savings and effi9 ciencies for the management and administrative ex10 penditures and activities of each component of the 

11 Department. 

12 (b) PERSONNEL ALLOCATION STUDY.—Not later 

13 than 270 days after the date of enactment of this Act, 

14 the Secretary, acting through the Under Secretary for 

15 Management, shall— 

16 (1) conduct a study that examines the size, ex17 perience level, and geographic distribution of the 

18 operational personnel of the Department, including 

19 U.S. Customs and Border Protection officers, Bor20 der Patrol agents, U.S. Customs and Border Protec21 tion Air and Marine agents, U.S. Customs and Bor22 der Protection Agriculture Specialists, Federal Pro23 tective Service Law Enforcement Security Officers, 

24 U.S. Immigration and Customs Enforcement agents, 


emcdonald on DSK5VPTVN1PROD with BILLS
31 

•S 1546 IS

1 Transportation Security Officers, Federal air mar2 shals, and members of the Coast Guard; and 

3 (2) submit to the Committee on Homeland Se4 curity and Governmental Affairs of the Senate and 

5 the Committee on Homeland Security of the House 

6 of Representatives a report that details the findings 

7 of the study conducted under paragraph (1) and rec8 ommends adjustments to close gaps in capabilities, 

9 reduce costs, and enhance efficiencies. 

10 SEC. 116. CONSOLIDATION OF YOUTH PROGRAMS. 

11 The Secretary shall consolidate all youth prepared12 ness educational programs of the Department, including 

13 the use of mascots and youth-focused websites, into 1 pro14 gram, including— 

15 (1) the Ready Kids Initiative; 

16 (2) the FEMA for Kids website; 

17 (3) the U.S. Fire Administration for Kids 

18 website; and 

19 (4) the Disaster Twins website of the Federal 

20 Emergency Management Agency. 

21 TITLE II—STRUCTURE AND 

22 ORGANIZATION 

23 SEC. 201. UNDER SECRETARY FOR POLICY. 

24 (a) IN GENERAL.—The Homeland Security Act of 

25 2002 (6 U.S.C. 101 et seq.) is amended by— 


emcdonald on DSK5VPTVN1PROD with BILLS
32 

•S 1546 IS

1 (1) redesignating section 601 as section 890A 

2 and transferring that section to after section 890; 

3 and 

4 (2) striking the heading for title VI and insert5 ing the following: 

6 ‘‘TITLE VI—POLICY, PLANNING, 

7 AND OPERATIONS COORDINA8 TION 

9 ‘‘Subtitle A—Under Secretary for 

10 Policy 

11 ‘‘SEC. 601. UNDER SECRETARY FOR POLICY. 

12 ‘‘(a) IN GENERAL.—There shall be in the Depart13 ment an Under Secretary for Policy, who shall be ap14 pointed by the President, by and with the advice and con15 sent of the Senate. 

16 ‘‘(b) RESPONSIBILITIES.—The Under Secretary for 

17 Policy shall— 

18 ‘‘(1) serve as the principal policy advisor to the 

19 Secretary; 

20 ‘‘(2) coordinate and provide overall direction 

21 and supervision of policy development for the pro22 grams, offices, and activities of the Department; 

23 ‘‘(3) work with the Under Secretary for Man24 agement and the General Counsel of the Department 

25 to ensure that the development of the budget of the 


emcdonald on DSK5VPTVN1PROD with BILLS
33 

•S 1546 IS

1 Department is compatible with the priorities, stra2 tegic plans, and policies established by the Sec3 retary; 

4 ‘‘(4) conduct long-range, strategic planning for 

5 the Department, including overseeing each quadren6 nial homeland security review under section 621; 

7 and 

8 ‘‘(5) carry out such other responsibilities as the 

9 Secretary determines are appropriate, consistent 

10 with this section.’’. 

11 (b) INCUMBENT.—The individual serving as Assist12 ant Secretary for Policy on the date of enactment of this 

13 Act may serve as the Under Secretary for Policy until the 

14 date on which an appointment to the position of Under 

15 Secretary for Policy is made, by and with the advice and 

16 consent of the Senate. 

17 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

18 The table of contents in section 1(b) of the Homeland Se19 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended— 

20 (1) by striking the items relating to title VI and 

21 section 601 and inserting the following: 

‘‘TITLE VI—POLICY, PLANNING, AND OPERATIONS 

COORDINATION 

‘‘Subtitle A—Under Secretary for Policy 

‘‘Sec. 601. Under Secretary for Policy.’’; 

22 and 


emcdonald on DSK5VPTVN1PROD with BILLS
34 

•S 1546 IS

1 (2) by inserting after the item relating to sec2 tion 890 the following: 

‘‘Sec. 890A. Treatment of charitable trusts for members of the Armed Forces 

of the United States and other governmental organizations.’’. 

3 SEC. 202. OFFICE OF INTERNATIONAL AFFAIRS. 

4 Section 879 of the Homeland Security Act of 2002 

5 (6 U.S.C. 459) is amended to read as follows: 

6 ‘‘SEC. 879. OFFICE OF INTERNATIONAL AFFAIRS. 

7 ‘‘(a) ESTABLISHMENT.—There is established within 

8 the Department an Office of International Affairs, which 

9 shall be headed by the Assistant Secretary for Inter10 national Affairs, who shall be appointed by the President. 

11 ‘‘(b) RESPONSIBILITIES OF THE ASSISTANT SEC12 RETARY.—The Assistant Secretary for International Af13 fairs shall— 

14 ‘‘(1) coordinate international activities within 

15 the Department; 

16 ‘‘(2) develop and update, in consultation with 

17 all components of the Department with international 

18 activities, an international strategic plan for the De19 partment and establish a process for managing its 

20 implementation; 

21 ‘‘(3) provide guidance to components of the De22 partment on executing international activities and to 

23 employees of the Department who are deployed over24 seas, including— 


emcdonald on DSK5VPTVN1PROD with BILLS
35 

•S 1546 IS

1 ‘‘(A) establishing predeployment prepared2 ness criteria for employees and any accom3 panying family members; 

4 ‘‘(B) establishing, in coordination with the 

5 Under Secretary for Management, minimum 

6 support requirements for Department employ7 ees abroad, to ensure the employees have the 

8 proper resources and have received adequate 

9 and timely support prior to and during tours of 

10 duty; 

11 ‘‘(C) providing information and training on 

12 administrative support services available to 

13 overseas employees from the Department of 

14 State and other Federal agencies; 

15 ‘‘(D) establishing guidance on how Depart16 ment attaches are expected to coordinate with 

17 other component staff and activities; and 

18 ‘‘(E) developing procedures and guidance 

19 for employees of the Department returning to 

20 the United States; 

21 ‘‘(4) identify areas for homeland security infor22 mation and training exchange in which— 

23 ‘‘(A) the United States has a demonstrated 

24 weakness; and 


emcdonald on DSK5VPTVN1PROD with BILLS
36 

•S 1546 IS

1 ‘‘(B) a country that is a friend or ally of 

2 the United States has a demonstrated expertise; 

3 ‘‘(5) maintain situational awareness of— 

4 ‘‘(A) all international engagement and 

5 travel conducted by offices and personnel of the 

6 Department; and 

7 ‘‘(B) all spending by the Federal Govern8 ment for international assistance activities re9 lating to homeland security; and 

10 ‘‘(6) perform other duties, as determined by the 

11 Secretary.’’. 

12 SEC. 203. CHIEF MEDICAL OFFICER. 

13 Section 516 of the Homeland Security Act of 2002 

14 (6 U.S.C. 321e) is amended— 

15 (1) in subsection (a), by striking all that follows 

16 the second comma and inserting ‘‘and who shall also 

17 have the title of Assistant Secretary for Health Af18 fairs.’’; and 

19 (2) in subsection (c)— 

20 (A) in paragraph (6), by striking ‘‘and’’ at 

21 the end; 

22 (B) by redesignating paragraph (7) as 

23 paragraph (10); and 

24 (C) by inserting after paragraph (6) the 

25 following: 


emcdonald on DSK5VPTVN1PROD with BILLS
37 

•S 1546 IS

1 ‘‘(7) ensuring that the workforce of the Depart2 ment has science-based policy, standards, require3 ments, and metrics for occupational safety and 

4 health; 

5 ‘‘(8) providing medical expertise for the compo6 nents of the Department with respect to prevention, 

7 preparedness, protection, response, and recovery for 

8 medical and public health matters; 

9 ‘‘(9) working in conjunction with appropriate 

10 entities of the Department and other appropriate 

11 Federal agencies to develop guidance for prevention, 

12 preparedness, protection, response, and recovery 

13 from catastrophic events with human, animal, agri14 cultural, or environmental health consequences; 

15 and’’. 

16 SEC. 204. QUADRENNIAL HOMELAND SECURITY REVIEW. 

17 (a) IN GENERAL.—Section 707 of the Homeland Se18 curity Act of 2002 (6 U.S.C. 347) is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1), by striking ‘‘fiscal 

21 year 2009’’ and inserting ‘‘calendar year 

22 2013’’; and 

23 (B) in paragraph (3), by striking ‘‘The 

24 Secretary shall conduct each quadrennial home25 land security review under this subsection’’ and 


emcdonald on DSK5VPTVN1PROD with BILLS
38 

•S 1546 IS

1 inserting ‘‘In order to ensure that each quad2 rennial homeland security review conducted 

3 under this section is coordinated with the quad4 rennial defense review conducted by the Sec5 retary of Defense under section 118 of title 10, 

6 United States Code, and any other major stra7 tegic review relating to diplomacy, intelligence, 

8 or other national security issues, the Secretary 

9 shall conduct each quadrennial homeland secu10 rity review’’; and 

11 (2) by striking subsections (b), (c), and (d) and 

12 inserting the following: 

13 ‘‘(b) SCOPE OF REVIEW AND REPORT.— 

14 ‘‘(1) IN GENERAL.—In each quadrennial home15 land security review, the Secretary shall— 

16 ‘‘(A) examine the homeland security as17 pects of the security environment of the Nation, 

18 including existing and potential homeland secu19 rity threats and challenges, and the effect of 

20 laws, Presidential directives, national strategies, 

21 and other relevant guidance documents in meet22 ing existing and potential homeland security 

23 threats and challenges; 

24 ‘‘(B) review the capabilities and capacities 

25 across the homeland security enterprise, and 


emcdonald on DSK5VPTVN1PROD with BILLS
39 

•S 1546 IS

1 the roles of Executive agencies, States, local 

2 governments, Indian Tribes, and private entities 

3 in providing those capabilities and capacities; 

4 ‘‘(C) evaluate and prioritize the homeland 

5 security mission areas of the Nation and associ6 ated goals and objectives, and recommend any 

7 necessary revisions to the mission areas, goals, 

8 and objectives as appropriate; 

9 ‘‘(D) examine whether the capabilities and 

10 capacities across the homeland security enter11 prise should be adjusted based on any proposed 

12 modifications to the mission areas, goals, or ob13 jectives; 

14 ‘‘(E) identify additional capabilities and 

15 capacities that may be needed across the home16 land security enterprise in response to potential 

17 homeland security threats and challenges, and 

18 the resources required to provide the capabili19 ties and capacities; 

20 ‘‘(F) identify redundant, wasteful, or un21 necessary capabilities and capacities where re22 sources can be redirected to support capabilities 

23 and capacities identified under subparagraph 

24 (E); 


emcdonald on DSK5VPTVN1PROD with BILLS
40 

•S 1546 IS

1 ‘‘(G) evaluate the organization, organiza2 tional structure, governance structure, and 

3 business processes (including acquisition proc4 esses) of the Department, as they relate to the 

5 ability of the Department to meet the respon6 sibilities of the Department; and 

7 ‘‘(H) review any other matter the Sec8 retary considers appropriate. 

9 ‘‘(2) REPORT.—During the year following the 

10 year in which a quadrennial homeland security re11 view is conducted, and not later than the date on 

12 which the budget of the President for the next fiscal 

13 year is submitted to Congress under section 1105(a) 

14 of title 31, United States Code, the Secretary 

15 shall— 

16 ‘‘(A) submit to Congress a report— 

17 ‘‘(i) describing the process used in 

18 conducting the quadrennial homeland secu19 rity review and explaining any underlying 

20 assumptions used in conducting the quad21 rennial homeland security review; 

22 ‘‘(ii) describing the findings and con23 clusions of the review, including findings 

24 and conclusions relating to each issue adVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
41 

•S 1546 IS

1 dressed under subparagraphs (A) through 

2 (H) of paragraph (1); 

3 ‘‘(iii) detailing any proposed revisions 

4 to the national homeland security strategy, 

5 including any proposed revisions to the 

6 homeland security missions, capabilities 

7 and capacities, goals, or objectives of the 

8 Nation; 

9 ‘‘(iv) describing how the conclusions 

10 under the quadrennial homeland security 

11 review are to be implemented through the 

12 Future Years Homeland Security Program 

13 under section 874; 

14 ‘‘(v) detailing how the conclusions 

15 under the quadrennial homeland security 

16 review will inform efforts to develop capa17 bilities and build capacity of States, local 

18 governments, Indian Tribes, and private 

19 entities, and of individuals, families, and 

20 communities; 

21 ‘‘(vi) providing proposed changes to 

22 the authorities, organization, governance 

23 structure, or business processes (including 

24 acquisition processes) of the Department 


emcdonald on DSK5VPTVN1PROD with BILLS
42 

•S 1546 IS

1 in order to better fulfill the responsibilities 

2 of the Department; and 

3 ‘‘(vii) describing any other matter the 

4 Secretary considers appropriate; and 

5 ‘‘(B) consistent with the protection of na6 tional security and other sensitive matters, 

7 make the report required under subparagraph 

8 (A) publicly available on the website of the De9 partment. 

10 ‘‘(c) MIDTERM REVIEW OF IMPLEMENTATION.—Not 

11 later than 2 years after the date on which the Secretary 

12 submits a report under subsection (b)(2)(A), the Secretary 

13 shall submit to Congress a report on— 

14 ‘‘(1) the implementation of the recommenda15 tions in the report, including recommended revisions 

16 to the national homeland security strategy made 

17 under subsection (b)(2)(A)(iii) and changes proposed 

18 under subsection (b)(2)(A)(vi); and 

19 ‘‘(2) the preparations for the next quadrennial 

20 homeland security review, including a detailed re21 source plan specifying the estimated budget and 

22 number of staff members that will be required for 

23 preparation of the quadrennial homeland security re24 view.’’. 


emcdonald on DSK5VPTVN1PROD with BILLS
43 

•S 1546 IS

1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

2 The table of contents in section 1(b) of the Homeland Se3 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

4 striking the item relating to section 707 and inserting the 

5 following: 

‘‘Sec. 707. Quadrennial homeland security review.’’. 

6 SEC. 205. DESIGNATION OF FOREIGN TERRORIST ORGANI7 ZATIONS. 

8 (a) IN GENERAL.—Title VIII of the Homeland Secu9 rity Act of 2002 (6 U.S.C. 361 et seq.) is amended by 

10 inserting after section 890A, as redesignated and trans11 ferred by section 201(a)(1), the following: 

12 ‘‘SEC. 890B. DESIGNATION OF FOREIGN TERRORIST ORGA13 NIZATIONS. 

14 ‘‘In designating foreign terrorist organizations under 

15 section 219(a) of the Immigration and Nationality Act (8 

16 U.S.C. 1189(a)), the Secretary of State shall consult with 

17 the Secretary, the Attorney General, the Secretary of the 

18 Treasury, and the Director of National Intelligence.’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

20 The table of contents in section 1(b) of the Homeland Se21 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

22 inserting after the item relating to section 890A, as added 

23 by section 201(c)(2), the following: 

‘‘Sec. 890B. Designation of foreign terrorist organizations.’’. 


emcdonald on DSK5VPTVN1PROD with BILLS
44 

•S 1546 IS

1 SEC. 206. OFFICE FOR DOMESTIC PREPAREDNESS TERMI2 NATION. 

3 (a) TERMINATION.—Title IV of the Homeland Secu4 rity Act of 2002 is amended by striking section 430 (6 

5 U.S.C. 238). 

6 (b) INCUMBENT.—Notwithstanding the amendment 

7 made by subsection (a), an individual serving on the day 

8 before the date of enactment of this Act under an appoint9 ment by the President, by and with the advice and consent 

10 of the Senate, under section 430 of the Homeland Security 

11 Act of 2002 may continue to serve in the position held 

12 by the individual and to perform the responsibilities of the 

13 individual on the day before the date of enactment of this 

14 Act. 

15 (c) RESPONSIBILITIES.— 

16 (1) IN GENERAL.—On and after the date on 

17 which the individual described in subsection (b) 

18 leaves the position held by the individual on the day 

19 before the date of enactment of this Act, the Admin20 istrator of the Federal Emergency Management 

21 Agency (in this subsection referred to as the ‘‘Ad22 ministrator’’) may perform or delegate the respon23 sibilities of the individual as determined appropriate 

24 by the Administrator. 

25 (2) NO INCUMBENT.—If there is no individual 

26 described in subsection (b), on and after the date of 


emcdonald on DSK5VPTVN1PROD with BILLS
45 

•S 1546 IS

1 enactment of this Act the Administrator may per2 form or delegate the responsibilities of the individual 

3 most recently serving under an appointment by the 

4 President, by and with the advice and consent of the 

5 Senate, under section 430 of the Homeland Security 

6 Act of 2002 as determined appropriate by the Ad7 ministrator. 

8 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

9 The table of contents under section 1(b) of the Homeland 

10 Security Act of 2002 (6 U.S.C. 101(b)) is amended by 

11 striking the item relating to section 430. 

12 SEC. 207. STATE AND LOCAL GOVERNMENT COORDINA13 TION. 

14 (a) INTERGOVERNMENTAL AFFAIRS.— 

15 (1) IN GENERAL.—Section 801 of the Home16 land Security Act of 2002 (6 U.S.C. 361) is amend17 ed— 

18 (A) in the section heading by striking ‘‘OF19 FICE FOR’’; and 

20 (B) in subsection (a)— 

21 (i) by striking the subsection heading 

22 and inserting ‘‘(a) IN GENERAL.—’’; 

23 (ii) by striking ‘‘established’’; and 


emcdonald on DSK5VPTVN1PROD with BILLS
46 

•S 1546 IS

1 (iii) by striking ‘‘for State and Local 

2 Government Coordination’’ and inserting 

3 ‘‘of Intergovernmental Affairs’’. 

4 (2) TECHNICAL AND CONFORMING AMEND5 MENTS.— 

6 (A) TABLE OF CONTENTS.—The table of 

7 contents under section 1(b) of the Homeland 

8 Security Act of 2002 (6 U.S.C. 101(b)) is 

9 amended by striking the item relating to section 

10 801 and inserting the following: 

‘‘Sec. 801. State and Local Government Coordination.’’. 

11 (B) FUNCTIONS OF THE SECRETARY.— 

12 Section 102(c) of the Homeland Security Act of 

13 2002 (6 U.S.C. 112(c)) is amended by striking 

14 ‘‘the Office of State and Local Coordination 

15 (established under section 801)’’ and inserting 

16 ‘‘the Office of Intergovernmental Affairs de17 scribed under section 801’’. 

18 (C) SPECIAL ASSISTANT TO THE SEC19 RETARY.—Section 102(f)(11) of the Homeland 

20 Security Act of 2002 (6 U.S.C. 112(f)(11)) is 

21 amended by striking ‘‘the Office of State and 

22 Local Coordination and Preparedness’’ and in23 serting ‘‘the Office of Intergovernmental Af24 fairs’’. 


emcdonald on DSK5VPTVN1PROD with BILLS
47 

•S 1546 IS

1 (D) CHIEF INFORMATION OFFICER.—Sec2 tion 703(b)(2)(D)(iv) of the Homeland Security 

3 Act of 2002 (6 U.S.C. 343(b)(2)(D)(iv)) is 

4 amended by striking ‘‘and the Executive Direc5 tor of the Office of State and Local Coordina6 tion and Preparedness’’. 

7 (b) TRANSFER OF RESPONSIBILITIES.—Not later 

8 than 30 days after the date of enactment of this Act, the 

9 Secretary shall transfer to the Office of Intergovernmental 

10 Affairs any responsibility under section 801(b) of the 

11 Homeland Security Act of 2002 (6 U.S.C. 361(b)) which 

12 was transferred by the Secretary under section 872 of that 

13 Act (6 U.S.C. 452) or any other Act to an office or entity 

14 other than the Office of Intergovernmental Affairs before 

15 that date of enactment. 

16 SEC. 208. TERMINATION OF OFFICE OF COUNTER17 NARCOTICS ENFORCEMENT. 

18 (a) TERMINATION.— 

19 (1) IN GENERAL.—Subtitle H of title VIII of 

20 the Homeland Security Act of 2002 (6 U.S.C. 451 

21 et seq.) is amended by striking section 878 (6 

22 U.S.C. 458). 

23 (2) EFFECTIVE DATE.—The amendment made 

24 by paragraph (1) shall take effect on the date of en25 actment of this Act. 


emcdonald on DSK5VPTVN1PROD with BILLS
48 

•S 1546 IS

1 (3) TRANSITION PROVISION.—Notwithstanding 

2 the amendment made by paragraph (1), the Office 

3 of Counternarcotics Enforcement and the Director 

4 of the Office of Counternarcotics Enforcement shall 

5 continue to perform any function of the Office or the 

6 Director, respectively, under section 878 of the 

7 Homeland Security Act of 2002, as in effect on the 

8 day before the date of enactment of this Act, until 

9 the earlier of— 

10 (A) the date on which the function is 

11 transferred under subsection (b); and 

12 (B) the date that is 180 days after the 

13 date of enactment of this Act. 

14 (b) TRANSFER OF FUNCTIONS.—Not later than 180 

15 days after the date of enactment of this Act, the Secretary 

16 shall— 

17 (1) determine whether to transfer to an appro18 priate official of the Department each function de19 scribed in paragraph (1), (2), (3), or (5) of section 

20 878(d) of the Homeland Security Act of 2002 (6 

21 U.S.C. 458(d)), as in effect on the day before the 

22 date of enactment of this Act; 

23 (2) transfer to an appropriate official of the 

24 Department any function determined appropriate 

25 under paragraph (1) and any personnel, assets, comVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
49 

•S 1546 IS

1 ponents, authorities, and liabilities relating to the 

2 function; and 

3 (3) submit to Congress a notification regarding 

4 any function described in paragraph (1) that the 

5 Secretary does not transfer under paragraph (2). 

6 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

7 The table of contents in section 1(b) of the Homeland Se8 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

9 striking the item relating to section 878. 

10 SEC. 209. REORGANIZATION AUTHORITY. 

11 Section 872 of the Homeland Security Act of 2002 

12 (6 U.S.C. 452) is amended— 

13 (1) in subsection (a), by striking ‘‘only’’ and all 

14 that follows through ‘‘(2) after’’ and inserting ‘‘only 

15 after’’; and 

16 (2) by striking subsection (b) and inserting the 

17 following: 

18 ‘‘(b) LIMITATIONS ON OTHER REORGANIZATION AU19 THORITY.— 

20 ‘‘(1) IN GENERAL.—Authority under subsection 

21 (a) shall not extend to the discontinuance, abolition, 

22 substantial consolidation, alteration, or transfer of 

23 any agency, entity, organizational unit, program, or 

24 function established or required to be maintained by 

25 statute. 


emcdonald on DSK5VPTVN1PROD with BILLS
50 

•S 1546 IS

1 ‘‘(2) EXCEPTION.— 

2 ‘‘(A) IN GENERAL.—Notwithstanding para3 graph (1), if the President determines it to be 

4 necessary because of an imminent threat to 

5 homeland security, a function, power, or duty 

6 vested by law in the Department, or an officer, 

7 official, or agency thereof, may be transferred, 

8 reassigned, or consolidated within the Depart9 ment. 

10 ‘‘(B) NOTICE.—Not later than 30 days 

11 after the date on which the President makes a 

12 transfer, reassignment, or consolidation under 

13 subparagraph (A), the President shall notify the 

14 appropriate congressional committees of the 

15 transfer, reassignment, or consolidation. 

16 ‘‘(C) DURATION.—A transfer, reassign17 ment, or consolidation under subparagraph (A) 

18 shall remain in effect only until the President 

19 determines that the threat to homeland security 

20 has terminated or is no longer imminent. 

21 ‘‘(c) PUBLICATION.—Not later than 30 days after the 

22 date on which the President or the Secretary makes a 

23 transfer, allocation, assignment, consolidation, alteration, 

24 establishment, or discontinuance under this section, the 


emcdonald on DSK5VPTVN1PROD with BILLS
51 

•S 1546 IS

1 President or the Secretary shall publish in the Federal 

2 Register— 

3 ‘‘(1) the reasons for the action taken; and 

4 ‘‘(2) a list of each statutory provision impli5 cated by the action.’’. 

6 SEC. 210. CHIEF INFORMATION OFFICER. 

7 (a) IN GENERAL.—Section 703 of the Homeland Se8 curity Act of 2002 (6 U.S.C. 343) is amended— 

9 (1) by redesignating subsection (b) as sub10 section (c); and 

11 (2) by inserting after subsection (a) the fol12 lowing: 

13 ‘‘(b) RESPONSIBILITIES.—The Chief Information Of14 ficer shall— 

15 ‘‘(1) advise and assist the Secretary, heads of 

16 the components of the Department, and other senior 

17 officers in carrying out the responsibilities of the 

18 Department for all activities relating to the pro19 grams and operations of the information technology 

20 functions of the Department; 

21 ‘‘(2) establish the information technology prior22 ities, policies, processes, standards, guidelines, and 

23 procedures of the Department; 

24 ‘‘(3) coordinate and ensure implementation of 

25 information technology priorities, policies, processes, 


emcdonald on DSK5VPTVN1PROD with BILLS
52 

•S 1546 IS

1 standards, guidelines, and procedures within the De2 partment; 

3 ‘‘(4) be responsible for information technology 

4 capital planning and investment management in ac5 cordance with sections 11312 and 11313 of title 40, 

6 United States Code; 

7 ‘‘(5) in coordination with the Chief Procure8 ment Officer of the Department, assume responsi9 bility for information systems acquisition, develop10 ment and integration as required by section 11312 

11 of title 40, United States Code; 

12 ‘‘(6) in coordination with the Chief Procure13 ment Officer of the Department, review and approve 

14 any information technology acquisition with a total 

15 value greater than a threshold level to be determined 

16 by the Secretary; 

17 ‘‘(7) in coordination with relevant officials of 

18 the Department, ensure that information technology 

19 systems meet the standards established under the in20 formation sharing environment, as defined in section 

21 1016 of the Intelligence Reform and Terrorism Pre22 vention Act of 2004 (6 U.S.C. 485); 

23 ‘‘(8) perform other responsibilities required 

24 under section 3506 of title 44, United States Code, 


emcdonald on DSK5VPTVN1PROD with BILLS
53 

•S 1546 IS

1 and section 11315 of title 40, United States Code; 

2 and 

3 ‘‘(9) perform such other responsibilities as the 

4 Secretary may prescribe.’’. 

5 (b) SOFTWARE LICENSING.— 

6 (1) IN GENERAL.—Not later than 180 days 

7 after the enactment of this Act, and every 2 years 

8 thereafter, the Chief Information Officer of the De9 partment, in consultation with component chief in10 formation officers, shall— 

11 (A) conduct a department-wide inventory 

12 of all existing software licenses including uti13 lized and unutilized licenses; 

14 (B) assess the needs of the Department 

15 and the components of the Department for soft16 ware licenses for the upcoming 2 fiscal years; 

17 and 

18 (C) examine how the Department can 

19 achieve the greatest possible economies of scale 

20 and cost-savings in the procurement of software 

21 licenses. 

22 (2) EXCESS SOFTWARE LICENSES.— 

23 (A) PLAN TO REDUCE SOFTWARE LI24 CENSES.—If the Chief Information Officer de25 termines through the inventory conducted under 


emcdonald on DSK5VPTVN1PROD with BILLS
54 

•S 1546 IS

1 paragraph (1) that the number of existing soft2 ware licenses of the Department and the com3 ponents of the Department exceeds the needs of 

4 the Department as assessed under paragraph 

5 (1)(B), the Secretary, not later than 90 days 

6 after the date on which the inventory is com7 pleted under paragraph (1), shall establish a 

8 plan for bringing the number of software li9 censes into balance with such needs of the De10 partment. 

11 (B) PROHIBITION ON PROCUREMENT OF

12 NEW SOFTWARE LICENSES.— 

13 (i) IN GENERAL.—Except as provided 

14 in clause (ii), upon completion of a plan es15 tablished under subparagraph (A), no ad16 ditional resources may be obligated for the 

17 procurement of new software licenses until 

18 such time as the need of the Department 

19 exceeds the number of existing and unused 

20 licenses. 

21 (ii) EXCEPTION.—The Chief Informa22 tion Officer of the Department may allow 

23 the purchase of additional licenses and 

24 amend the number of needed licenses as 

25 necessary. 


emcdonald on DSK5VPTVN1PROD with BILLS
55 

•S 1546 IS

1 (3) SUBMISSION TO CONGRESS.—A copy of 

2 each inventory conducted under paragraph (1) and 

3 each plan established under paragraph (2) shall be 

4 submitted to the Committee on Homeland Security 

5 and Governmental Affairs of the Senate and the 

6 Committee on Homeland Security of the House of 

7 Representatives. 

8 SEC. 211. DEPARTMENT OF HOMELAND SECURITY HEAD9 QUARTERS. 

10 (a) IN GENERAL.—Notwithstanding any other provi11 sion of law and not later than the end of fiscal year 2018, 

12 the Secretary shall consolidate the location of the head13 quarters of the Department and the headquarters of com14 ponents of the Department, as determined by the Sec15 retary, in accordance with this section. 

16 (b) ST. ELIZABETHS HOSPITAL.—The Secretary 

17 shall ensure that— 

18 (1) the headquarters consolidation under sub19 section (a) occurs at the West Campus and East 

20 Campus of Saint Elizabeths Hospital in the District 

21 of Columbia; and 

22 (2) the sites of the headquarters consolidation 

23 include adequate parking and infrastructure to sup24 port the offices and employees relocated to the sites. 

25 (c) OTHER MISSION SUPPORT ACTIVITIES.— 


emcdonald on DSK5VPTVN1PROD with BILLS
56 

•S 1546 IS

1 (1) IN GENERAL.—The Secretary shall consoli2 date the physical location of all components and ac3 tivities of the Department in the National Capitol 

4 Region that do not relocate to the West Campus or 

5 East Campus of Saint Elizabeths Hospital to as few 

6 locations within the National Capitol Region as pos7 sible. 

8 (2) LIMITATION.—The Secretary may only con9 solidate components and activities described in para10 graph (1) if the consolidation can be accomplished 

11 without adversely affecting the specific mission of 

12 the components or activities being consolidated. 

13 SEC. 212. FUTURE YEARS HOMELAND SECURITY PROGRAM. 

14 Section 874(a) of the Homeland Security Act of 2002 

15 (6 U.S.C. 454(a)) is amended by inserting ‘‘but in any 

16 event not later than 30 days after the date on which the 

17 budget request is submitted,’’ after ‘‘at or about the same 

18 time,’’. 

19 SEC. 213. COUNTERING HOMEGROWN TERRORISM. 

20 (a) FINDINGS.—Congress finds the following: 

21 (1) The Final Report of the National Commis22 sion on Terrorist Attacks Upon the United States 

23 (commonly know as, and in this section referred to 

24 as, the ‘‘9/11 Commission Report’’) states that ‘‘our 

25 strategy must match our means to two ends: disVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
57 

•S 1546 IS

1 mantling the al Qaeda network and prevailing in the 

2 longer term over the ideology that gives rise to 

3 Islamist terrorism.’’. 

4 (2) The President released a document in Au5 gust 2011, entitled ‘‘Empowering Local Partners to 

6 Prevent Violent Extremism in the United States’’, 

7 which set forth a framework for countering violent 

8 extremism in the United States. 

9 (b) DESIGNATION OF OFFICIAL.—Not later than 30 

10 days after the date of enactment of this Act, the Secretary 

11 shall designate an official of the Department to coordinate 

12 efforts to counter violent extremism in the United States, 

13 particularly the ideology that gives rise to Islamist ter14 rorism as identified in the 9/11 Commission Report. 

15 (c) NOTICE.—Not later than 15 days after the date 

16 on which the Secretary designates an official under sub17 section (b), the Secretary shall submit to the Committee 

18 on Homeland Security and Governmental Affairs of the 

19 Senate and the Committee on Homeland Security of the 

20 House of Representatives a written notification of the des21 ignation. 

22 (d) REPORT.—Not later than 90 days after the date 

23 on which the Secretary designates an official under sub24 section (b), official designated shall submit to the Com25 mittee on Homeland Security and Governmental Affairs 


emcdonald on DSK5VPTVN1PROD with BILLS
58 

•S 1546 IS

1 of the Senate and the Committee on Homeland Security 

2 of the House of Representatives a report detailing— 

3 (1) the strategy and activities of the Depart4 ment to counter violent extremism in the United 

5 States, particularly the ideology that gives rise to 

6 Islamist terrorism as identified in the 9/11 Commis7 sion Report; 

8 (2) which offices of the Department have sig9 nificant responsibilities for countering violent extre10 mism in the United States, particularly the ideology 

11 that gives rise to Islamist terrorism as identified in 

12 the 9/11 Commission Report; 

13 (3) the number of employees of the Department 

14 employees whose time is fully or partially dedicated 

15 and the amount of funding dedicated by the Depart16 ment to countering violent extremism in the United 

17 States, particularly the ideology that gives rise to 

18 Islamist terrorism as identified in the 9/11 Commis19 sion Report; 

20 (4) the type of Department-sponsored activities 

21 and training for States and local governments, in22 cluding products and activities associated with State 

23 and major urban area fusion centers, for countering 

24 violent extremism in the United States, particularly 


emcdonald on DSK5VPTVN1PROD with BILLS
59 

•S 1546 IS

1 the ideology that gives rise to Islamist terrorism as 

2 identified in the 9/11 Commission Report; 

3 (5) the metrics used to measure the effective4 ness of programs or activities of the Department or 

5 sponsored by the Department aimed to counter vio6 lent extremism in the United States, particularly the 

7 ideology that gives rise to Islamist terrorism as iden8 tified in the 9/11 Commission Report; and 

9 (6) the work of the Department to ensure that 

10 its activities to counter violent extremism in the 

11 United States, particularly the ideology that gives 

12 rise to Islamist terrorism as identified in the 9/11 

13 Commission report, are in compliance with civil 

14 rights and civil liberties under applicable law. 

15 SEC. 214. OFFICE OF CARGO SECURITY POLICY. 

16 (a) REPEAL.—Section 431 of the Homeland Security 

17 Act of 2002 (6 U.S.C. 239) is repealed. 

18 (b) TRANSFER OF FUNCTIONS.—All functions and 

19 responsibilities of the Office of Cargo Security Policy, as 

20 of the day before the date of the enactment of this Act, 

21 shall be transferred to appropriate officials within the Of22 fice of Policy. 

23 SEC. 215. TECHNICAL AND CONFORMING AMENDMENTS. 

24 (a) HOMELAND SECURITY ACT OF 2002.— 


emcdonald on DSK5VPTVN1PROD with BILLS
60 

•S 1546 IS

1 (1) TITLE I.—Title I of the Homeland Security 

2 Act of 2002 (6 U.S.C. 111 et seq.) is amended— 

3 (A) in section 102(f)(10) (6 U.S.C. 

4 112(f)(10)), by striking ‘‘the Directorate of 

5 Border and Transportation Security’’ and in6 serting ‘‘Commissioner, Customs and Border 

7 Protection’’; and 

8 (B) in section 103(a) (6 U.S.C. 113(a))— 

9 (i) in paragraph (3), by striking 

10 ‘‘Under Secretary for Border and Trans11 portation Security’’ and inserting ‘‘Under 

12 Secretary for Policy’’; and 

13 (ii) in paragraph (5), by striking ‘‘the 

14 Bureau of’’ and inserting ‘‘U.S.’’. 

15 (2) TITLE IV.—Title IV of the Homeland Secu16 rity Act of 2002 (6 U.S.C. 201 et seq.) is amend17 ed— 

18 (A) by amending the title heading to read 

19 as follows: 

20 ‘‘TITLE IV—BORDER AND 

21 TRANSPORTATION SECURITY’’; 

22 (B) in subtitle A, by amending the subtitle 

23 heading to read as follows: 


emcdonald on DSK5VPTVN1PROD with BILLS
61 

•S 1546 IS

1 ‘‘Subtitle A—Border and 

2 Transportation Security’’; 

3 (C) by striking section 401 (6 U.S.C. 201); 

4 (D) in section 402 (6 U.S.C. 202)— 

5 (i) in the section heading, by striking 

6 ‘‘RESPONSIBILITIES’’ by inserting ‘‘BOR7 DER AND TRANSPORTATION RESPON8 SIBILITIES’’; and 

9 (ii) by striking ‘‘, acting through the 

10 Under Secretary for Border and Transpor11 tation Security,’’; 

12 (E) in section 411(a) (6 U.S.C. 211(a)), 

13 by striking ‘‘Under Secretary for Border and 

14 Transportation Security’’ and inserting ‘‘Sec15 retary’’; 

16 (F) in section 424(a) (6 U.S.C. 234(a)), by 

17 striking ‘‘Under Secretary for Border Transpor18 tation and Security’’ and inserting ‘‘Secretary’’; 

19 (G) in section 441 (6 U.S.C. 251)— 

20 (i) in the section heading, by striking 

21 ‘‘TO UNDER SECRETARY FOR BORDER

22 AND TRANSPORTATION SECURITY’’; 

23 and 


emcdonald on DSK5VPTVN1PROD with BILLS
62 

•S 1546 IS

1 (ii) by striking ‘‘Under Secretary for 

2 Border and Transportation Security’’ and 

3 inserting ‘‘Secretary’’; 

4 (H) in section 442 (6 U.S.C. 252)— 

5 (i) by amending the section heading to 

6 read as follows: 

7 ‘‘SEC. 442. UNITED STATES IMMIGRATION AND CUSTOMS 

8 ENFORCEMENT.’’; 

9 (ii) in subsection (a)— 

10 (I) in the subsection heading, by 

11 striking ‘‘ESTABLISHMENT OF BU12 REAU’’ and inserting ‘‘U.S. IMMIGRA13 TION AND CUSTOMS ENFORCEMENT’’; 

14 (II) in paragraph (1), by striking 

15 ‘‘a bureau to be known as the ‘Bureau 

16 of Border Security’.’’ and inserting 

17 ‘‘an agency to be known as ‘U.S. Im18 migration and Customs Enforce19 ment’.’’; 

20 (III) by amending paragraph (2) 

21 to read as follows: 

22 ‘‘(2) ASSISTANT SECRETARY.—The head of 

23 U.S. Immigration and Customs Enforcement shall 

24 be the Assistant Secretary of U.S. Immigration and 

25 Customs Enforcement, who— 


emcdonald on DSK5VPTVN1PROD with BILLS
63 

•S 1546 IS

1 ‘‘(A) shall also have the title of Director of 

2 U.S. Immigration and Customs Enforcement; 

3 and 

4 ‘‘(B) shall have a minimum of— 

5 ‘‘(i) 5 years of professional experience 

6 in law enforcement; and 

7 ‘‘(ii) 5 years of management experi8 ence.’’; 

9 (IV) in paragraph (3)— 

10 (aa) in the matter preceding 

11 subparagraph (A), by striking 

12 ‘‘the Bureau of Border Security’’ 

13 and inserting ‘‘U.S. Immigration 

14 and Customs Enforcement’’; 

15 (bb) in subparagraph (A)— 

16 (AA) by striking 

17 ‘‘Under Secretary for Bor18 der and Transportation Se19 curity’’ each place such term 

20 appears and inserting ‘‘Sec21 retary’’; and 

22 (BB) by inserting ‘‘of 

23 U.S. Immigration and Cus24 toms Enforcement’’ after 

25 ‘‘Assistant Secretary’’ each 


emcdonald on DSK5VPTVN1PROD with BILLS
64 

•S 1546 IS

1 place such term appears; 

2 and 

3 (cc) in subparagraph (C)— 

4 (AA) by striking 

5 ‘‘Under Secretary for Bor6 der and Transportation Se7 curity’’ and inserting 

8 ‘‘Under Secretary for Pol9 icy’’; 

10 (BB) by striking ‘‘the 

11 Bureau of Border Security’’ 

12 and inserting ‘‘U.S. Immi13 gration and Customs En14 forcement’’; and 

15 (CC) by striking ‘‘the 

16 Bureau of Citizenship and 

17 Immigration Services’’ and 

18 inserting ‘‘U.S. Citizenship 

19 and Immigration Services’’; 

20 (V) in paragraph (4)— 

21 (aa) by striking ‘‘the Bureau 

22 of Border Security’’ and insert23 ing ‘‘U.S. Immigration and Cus24 toms Enforcement’’; and 


emcdonald on DSK5VPTVN1PROD with BILLS
65 

•S 1546 IS

1 (bb) by striking ‘‘the Bu2 reau’’ and inserting ‘‘U.S. Immi3 gration and Customs Enforce4 ment’’; and 

5 (VI) in paragraph (5)(A)— 

6 (aa) by striking ‘‘the Bureau 

7 of Border Security’’ and insert8 ing ‘‘U.S. Immigration and Cus9 toms Enforcement’’; and 

10 (bb) by striking ‘‘such bu11 reau’’ each place such term ap12 pears and inserting ‘‘U.S. Immi13 gration and Customs Enforce14 ment’’; 

15 (iii) in subsection (b)— 

16 (I) in paragraph (1), by striking 

17 ‘‘the Bureau of Border Security’’ and 

18 inserting ‘‘U.S. Immigration and Cus19 toms Enforcement’’; and 

20 (II) in paragraph (2)— 

21 (aa) in the matter preceding 

22 subparagraph (A), by striking 

23 ‘‘Bureau of Border Security’’ and 

24 inserting ‘‘U.S. Immigration and 

25 Customs Enforcement’’; and 


emcdonald on DSK5VPTVN1PROD with BILLS
66 

•S 1546 IS

1 (bb) in subparagraph (B), 

2 by striking ‘‘the Bureau of Citi3 zenship and Immigration Services 

4 (established under subtitle E)’’ 

5 and inserting ‘‘U.S. Citizenship 

6 and Immigration Services’’; 

7 (iv) in subsection (c)— 

8 (I) by striking ‘‘the Bureau of 

9 Border Security’’ each place such 

10 term appears and inserting ‘‘U.S. Im11 migration and Customs Enforce12 ment’’; and 

13 (II) by striking ‘‘the bureau’’ and 

14 inserting ‘‘U.S. Immigration and Cus15 toms Enforcement’’; 

16 (I) in section 443 (6 U.S.C. 253)— 

17 (i) by striking ‘‘The Under Secretary 

18 for Border and Transportation Security’’ 

19 and inserting ‘‘The Secretary’’; and 

20 (ii) by striking ‘‘the Bureau of Border 

21 Security’’ each place such term appears 

22 and inserting ‘‘U.S. Immigration and Cus23 toms Enforcement’’; 

24 (J) in section 444 (6 U.S.C. 254)— 


emcdonald on DSK5VPTVN1PROD with BILLS
67 

•S 1546 IS

1 (i) by striking ‘‘The Under Secretary 

2 for Border and Transportation Security’’ 

3 and inserting ‘‘The Secretary’’; 

4 (ii) by striking ‘‘pursuant to policies 

5 and procedures applicable to employees of 

6 the Federal Bureau of Investigation,’’; and 

7 (iii) by striking ‘‘the Bureau of Bor8 der Security’’ and inserting ‘‘U.S. Immi9 gration and Customs Enforcement’’; 

10 (K) by striking section 445 (6 U.S.C. 

11 255); 

12 (L) in section 451 (6 U.S.C. 271)— 

13 (i) in the section heading, by striking 

14 ‘‘BUREAU OF’’ and inserting ‘‘U.S.’’; 

15 (ii) in subsection (a)— 

16 (I) in the subsection heading, by 

17 striking ‘‘OF BUREAU’’; 

18 (II) in paragraph (1), by striking 

19 ‘‘a bureau to be known as the Bureau 

20 of’’ and inserting ‘‘an agency to be 

21 known as U.S.’’; 

22 (III) in paragraph (2)— 

23 (aa) by striking ‘‘the Bureau 

24 of Citizenship and Immigration 

25 Services’’ each place such term 


emcdonald on DSK5VPTVN1PROD with BILLS
68 

•S 1546 IS

1 appears and inserting ‘‘U.S. Citi2 zenship and Immigration Serv3 ices’’; and 

4 (bb) by striking ‘‘the Bureau 

5 of Border Security’’ and insert6 ing ‘‘U.S. Immigration and Cus7 toms Enforcement’’; 

8 (IV) in paragraph (3)— 

9 (aa) by striking ‘‘the Bureau 

10 of Citizenship and Immigration 

11 Services’’ each place such term 

12 appears and inserting ‘‘U.S. Citi13 zenship and Immigration Serv14 ices’’; and 

15 (bb) by striking ‘‘the Bureau 

16 of Border Security of the Depart17 ment’’ and inserting ‘‘U.S. Immi18 gration and Customs Enforce19 ment’’; 

20 (V) in paragraph (4)(A)— 

21 (aa) by striking ‘‘the Bureau 

22 of’’ and inserting ‘‘U.S.’’; and 

23 (bb) by striking ‘‘such bu24 reau’’ each place such term ap25 pears and inserting ‘‘U.S. CitiVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
69 

•S 1546 IS

1 zenship and Immigration Serv2 ices’’; and 

3 (VI) in paragraph (5), by strik4 ing ‘‘the Bureau of’’ and inserting 

5 ‘‘U.S.’’; 

6 (iii) in subsection (b), by striking ‘‘the 

7 Bureau of’’ and inserting ‘‘U.S.’’; 

8 (iv) in subsection (c)— 

9 (I) by striking ‘‘the Bureau of’’ 

10 each place such term appears and in11 serting ‘‘U.S.’’; and 

12 (II) in paragraph (2)— 

13 (aa) in the matter preceding 

14 subparagraph (A), by striking 

15 ‘‘Bureau of’’ and inserting 

16 ‘‘U.S.’’; and 

17 (bb) in subparagraph (B), 

18 by striking ‘‘Border Security of 

19 the Department’’ and inserting 

20 ‘‘Immigration and Customs En21 forcement’’; 

22 (v) in subsection (d), by striking ‘‘the 

23 Bureau of’’ each place such term appears 

24 and inserting ‘‘U.S.’’; and 


emcdonald on DSK5VPTVN1PROD with BILLS
70 

•S 1546 IS

1 (vi) in subsection (e), by striking ‘‘the 

2 Bureau of’’ each place such term appears 

3 and inserting ‘‘U.S.’’; and 

4 (vii) in subsection (f), by striking ‘‘the 

5 Bureau of’’ each place such term appears 

6 and inserting ‘‘U.S.’’; 

7 (M) in section 452 (6 U.S.C. 272)— 

8 (i) by striking ‘‘the Bureau of’’ each 

9 place such term appears and inserting 

10 ‘‘U.S.’’; and 

11 (ii) in the heading to subsection (f), 

12 by striking ‘‘BUREAU OF’’ and inserting 

13 ‘‘U.S.’’; 

14 (N) in section 453 (6 U.S.C. 273)— 

15 (i) by striking ‘‘the Bureau of’’ each 

16 place such term appears and inserting 

17 ‘‘U.S.’’; and 

18 (ii) in subsection (a)(2), by striking 

19 ‘‘such bureau’’ and inserting ‘‘U.S. Citi20 zenship and Immigration Services’’; 

21 (O) in section 454 (6 U.S.C. 274)— 

22 (i) by striking ‘‘the Bureau of’’ each 

23 place such term appears and inserting 

24 ‘‘U.S.’’; and 


emcdonald on DSK5VPTVN1PROD with BILLS
71 

•S 1546 IS

1 (ii) by striking ‘‘pursuant to policies 

2 and procedures applicable to employees of 

3 the Federal Bureau of Investigation,’’; 

4 (P) by striking section 455 (6 U.S.C. 271 

5 note); 

6 (Q) by redesignating section 456 (6 U.S.C. 

7 275) as section 455; 

8 (R) in section 455, as redesignated— 

9 (i) by striking ‘‘the Bureau of’’ each 

10 place such term appears and inserting 

11 ‘‘U.S.’’; and 

12 (ii) by striking ‘‘the effective date 

13 specified in section 455’’ and inserting 

14 ‘‘the date on which the functions specified 

15 under section 441 were transferred’’; 

16 (S) by striking sections 459 and 460 (6 

17 U.S.C. 276 and 277); 

18 (T) by redesignating sections 461 and 462 

19 as sections 456 and 457, respectively; 

20 (U) by striking section 471 (6 U.S.C. 

21 291); 

22 (V) in section 472 (6 U.S.C. 292)— 

23 (i) in subsection (a)(2)— 

24 (I) in subparagraph (B), by 

25 striking ‘‘the Bureau of Border SecuVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
72 

•S 1546 IS

1 rity of the Department of Homeland 

2 Security’’ and inserting ‘‘U.S. Immi3 gration and Customs Enforcement’’; 

4 and 

5 (II) in subparagraph (C), by 

6 striking ‘‘the Bureau of Citizenship 

7 and Immigration Services of the De8 partment of Homeland Security’’ and 

9 inserting ‘‘U.S. Citizenship and Immi10 gration Services’’; and 

11 (ii) in subsection (e), by striking ‘‘or 

12 the Under Secretary for Border and 

13 Transportation Security’’; 

14 (W) in section 474 (6 U.S.C. 294), by 

15 striking ‘‘the Bureau of Border Security and 

16 the Bureau of’’ and inserting ‘‘U.S. Immigra17 tion and Customs Enforcement and U.S.’’; 

18 (X) in section 475(b) (6 U.S.C. 295(b)), 

19 by striking ‘‘the Bureau of Border Security and 

20 the Bureau of’’ and inserting ‘‘U.S. Immigra21 tion and Customs Enforcement and U.S.’’; 

22 (Y) in section 476 (6 U.S.C. 296), by 

23 striking ‘‘the Bureau of Citizenship and Immi24 gration Services and the Bureau of Border Se25 curity’’ each place it appears and inserting 


emcdonald on DSK5VPTVN1PROD with BILLS
73 

•S 1546 IS

1 ‘‘U.S. Citizenship and Immigration Services 

2 and U.S. Immigration and Customs Enforce3 ment’’; and 

4 (Z) in section 477 (6 U.S.C. 297)— 

5 (i) by striking ‘‘the Bureau of Citizen6 ship and Immigration Services and the Bu7 reau of Border Security’’ each place it ap8 pears and inserting ‘‘U.S. Citizenship and 

9 Immigration Services and U.S. Immigra10 tion and Customs Enforcement’’; and 

11 (ii) by striking subsections (c) and 

12 (d). 

13 (3) TITLE VII.—Section 701(b)(1)(A) of the 

14 Homeland Security Act of 2002 (6 U.S.C. 

15 341(b)(1)(A)) is amended by striking ‘‘the Bureau 

16 of Border Security and the Bureau of Citizenship 

17 and Immigration Services’’ and inserting ‘‘U.S. Im18 migration and Customs Enforcement and U.S. Citi19 zenship and Immigration Services’’. 

20 (4) TABLE OF CONTENTS.—The table of con21 tents in section 1(b) of the Homeland Security Act 

22 of 2002 (6 U.S.C. 101 et seq.) is amended— 

23 (A) by striking the item relating to title IV 

24 and inserting the following: 

‘‘TITLE IV—BORDER AND TRANSPORTATION SECURITY’’; 


emcdonald on DSK5VPTVN1PROD with BILLS
74 

•S 1546 IS

1 (B) by striking the item relating to subtitle 

2 A of title IV and inserting the following: 

‘‘Subtitle A—Border and Transportation Security’’; 

3 (C) by striking the items relating to sec4 tions 401, 445, 455, 459, 460, and 471; 

5 (D) by striking the items relating to sec6 tion 441 and 442 and inserting the following: 

‘‘441. Transfer of functions. 

‘‘442. United States Immigration and Customs Enforcement.’’; 

7 and 

8 (E) by striking the items relating to sec9 tions 456, 461, and 462 and inserting the fol10 lowing: 

‘‘455. Transition. 

‘‘456. Application of internet-based technologies. 

‘‘457. Children’s affairs.’’. 

11 (5) OTHER LAWS.— 

12 (A) VULNERABILITY AND THREAT ASSESS13 MENT.—Section 301 of the REAL ID Act of 

14 2005 (8 U.S.C. 1778) is amended— 

15 (i) in subsection (a)— 

16 (I) in the first sentence, by strik17 ing ‘‘Under Secretary of Homeland 

18 Security for Border and Transpor19 tation Security’’ and inserting ‘‘Sec20 retary of Homeland Security’’; and 

21 (II) in the second sentence, by 

22 striking ‘‘Under’’; 


emcdonald on DSK5VPTVN1PROD with BILLS
75 

•S 1546 IS

1 (ii) in subsection (b)— 

2 (I) by striking ‘‘Under’’; and 

3 (II) by striking ‘‘Under Sec4 retary’s findings and conclusions’’ and 

5 inserting ‘‘Secretary’s findings and 

6 conclusions’’; and 

7 (iii) in subsection (c), by striking ‘‘Di8 rectorate of Border and Transportation 

9 Security’’. 

10 (B) AIR CHARTER PROGRAM.—Section 

11 44903(l)(1) of title 49, United States Code, is 

12 amended by striking ‘‘Under Secretary for Bor13 der and Transportation Security of the Depart14 ment of’’ and inserting ‘‘Secretary of’’. 

15 (C) BASIC SECURITY TRAINING.—Section 

16 44918(a)(2)(E) of title 49, United States Code, 

17 is amended by striking ‘‘Under Secretary for 

18 Border and Transportation Security of the De19 partment of’’ and inserting ‘‘Secretary of’’. 

20 (D) AIRPORT SECURITY IMPROVEMENT

21 PROJECTS.—Section 44923 of title 49, United 

22 States Code, is amended— 

23 (i) in subsection (a), in the matter 

24 preceding paragraph (1), by striking 

25 ‘‘Under Secretary for Border and TransVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
76 

•S 1546 IS

1 portation Security of the Department of’’ 

2 and inserting ‘‘Secretary of’’; 

3 (ii) by striking ‘‘Under Secretary’’ 

4 each place it appears and inserting ‘‘Sec5 retary of Homeland Security’’; and 

6 (iii) in subsection (d)(3), in the para7 graph heading, by striking ‘‘UNDER’’. 

8 (E) REPAIR STATION SECURITY.—Section 

9 44924 of title 49, United States Code, is 

10 amended— 

11 (i) in subsection (a), by striking 

12 ‘‘Under Secretary for Border and Trans13 portation Security of the Department of’’ 

14 and inserting ‘‘Secretary of’’; and 

15 (ii) by striking ‘‘Under Secretary’’ 

16 each place it appears and inserting ‘‘Sec17 retary of Homeland Security’’. 

18 (F) CERTIFICATE ACTIONS IN RESPONSE

19 TO A SECURITY THREAT.—Section 46111 of 

20 title 49, United States Code, is amended— 

21 (i) in subsection (a), by striking 

22 ‘‘Under Secretary for Border and Trans23 portation Security of the Department of’’ 

24 and inserting ‘‘Secretary of’’; and 


emcdonald on DSK5VPTVN1PROD with BILLS
77 

•S 1546 IS

1 (ii) by striking ‘‘Under Secretary’’ 

2 each place it appears and inserting ‘‘Sec3 retary of Homeland Security’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 in section 1(b) of such Act (6 U.S.C. 101(b)), as amended 

6 by section 310(b), is further amended by inserting after 

7 the item relating to section 837 the following new item: 

‘‘Sec. 838. Transparency and innovation in acquisition.’’. 

8 TITLE III—INFRASTRUCTURE 

9 PROTECTION AND RESILIENCE 

10 SEC. 301. INFRASTRUCTURE PROTECTION AND RESILIENCE 

11 DIRECTORATE. 

12 (a) IN GENERAL.—The Homeland Security Act of 

13 2002 (6 U.S.C. 101 et seq.) is amended— 

14 (1) in section 103(a)(8) (6 U.S.C. 113), by 

15 striking ‘‘Secretary’’ and all that follows and insert16 ing ‘‘Secretary for Infrastructure Protection and Re17 silience.’’; and 

18 (2) in section 201 (6 U.S.C. 121)— 

19 (A) in the section heading, by striking 

20 ‘‘INFORMATION’’ and all that follows and in21 serting ‘‘INTELLIGENCE AND ANALYSIS’’; 

22 (B) in subsection (a)— 

23 (i) in the subsection heading, by strik24 ing ‘‘AND INFRASTRUCTURE PROTEC25 TION’’; and 


emcdonald on DSK5VPTVN1PROD with BILLS
78 

•S 1546 IS

1 (ii) by striking ‘‘and an Office of In2 frastructure Protection’’; 

3 (C) in subsection (b)— 

4 (i) in the subsection heading, by strik5 ing ‘‘AND ASSISTANT SECRETARY FOR IN6 FRASTRUCTURE PROTECTION’’; and 

7 (ii) by striking paragraph (3); 

8 (D) in subsection (c)— 

9 (i) by striking ‘‘and infrastructure 

10 protection’’; and 

11 (ii) by striking ‘‘or the Assistant Sec12 retary for Infrastructure Protection, as ap13 propriate’’; 

14 (E) in subsection (d)— 

15 (i) in the subsection heading, by strik16 ing ‘‘AND INFRASTRUCTURE PROTEC17 TION’’; 

18 (ii) in the matter preceding paragraph 

19 (1), by striking ‘‘and infrastructure protec20 tion’’; and 

21 (iii) by striking paragraphs (2), (5), 

22 (6), and (25); 

23 (iv) in paragraph (3), in the matter 

24 preceding subparagraph (A), by inserting 

25 ‘‘, in coordination with the Office of InfraVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
79 

•S 1546 IS

1 structure Protection,’’ after ‘‘To inte2 grate’’; 

3 (v) by redesignating paragraphs (3) 

4 and (4) as paragraphs (2) and (3), respec5 tively; and 

6 (vi) by redesignating paragraphs (7) 

7 through (24) as paragraphs (4) through 

8 (21), respectively; 

9 (F) in subsection (g), in the matter pre10 ceding paragraph (1), by striking ‘‘under this 

11 section’’. 

12 (b) INFRASTRUCTURE PROTECTION AND RESILIENCE

13 DIRECTORATE.— 

14 (1) IN GENERAL.—Title II of the Homeland Se15 curity Act of 2002 (6 U.S.C. 121 et seq.) is amend16 ed by adding at the end the following: 

17 ‘‘Subtitle E—Infrastructure Protec18 tion and Resilience Directorate 

19 ‘‘SEC. 241. INFRASTRUCTURE PROTECTION AND RESIL20 IENCE DIRECTORATE. 

21 ‘‘(a) IN GENERAL.—There is established in the De22 partment, an Infrastructure Protection and Resilience Di23 rectorate. 

24 ‘‘(b) UNDER SECRETARY FOR INFRASTRUCTURE

25 PROTECTION AND RESILIENCE.—The Infrastructure ProVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
80 

•S 1546 IS

1 tection and Resilience Directorate shall be headed by the 

2 Under Secretary for Infrastructure Protection and Resil3 ience. 

4 ‘‘(c) RESPONSIBILITIES.—The Under Secretary for 

5 Infrastructure Protection and Resilience shall— 

6 ‘‘(1) coordinate critical infrastructure protection 

7 and resiliency activities within the Department; 

8 ‘‘(2) ensure Federal facilities protected by the 

9 Federal Protective Service are rendered safe and se10 cure for Federal employees, contract employees, offi11 cers, and visitors; and 

12 ‘‘(3) perform such other duties as the Secretary 

13 may prescribe. 

14 ‘‘(d) OFFICE OF INFRASTRUCTURE PROTECTION.— 

15 ‘‘(1) IN GENERAL.—There is established in the 

16 Infrastructure Protection and Resilience Directorate 

17 an Office of Infrastructure Protection. 

18 ‘‘(2) ASSISTANT SECRETARY FOR INFRASTRUC19 TURE PROTECTION.—The Office of Infrastructure 

20 Protection shall be headed by the Assistant Sec21 retary for Infrastructure Protection, who shall be 

22 appointed by the President. 

23 ‘‘(3) RESPONSIBILITIES.—The Assistant Sec24 retary for Infrastructure Protection shall— 


emcdonald on DSK5VPTVN1PROD with BILLS
81 

•S 1546 IS

1 ‘‘(A) promote, prioritize, coordinate, and 

2 plan for the protection, security, resiliency, and 

3 postdisaster restoration of critical infrastruc4 ture and key resources of the United States 

5 against or in the event of an act of terrorism, 

6 natural disaster, or other manmade disaster, in 

7 coordination with other agencies of the Federal 

8 Government and in cooperation with State and 

9 local government agencies and authorities, the 

10 private sector, and other entities; 

11 ‘‘(B) carry out comprehensive assessments 

12 of the vulnerabilities of the key resources and 

13 critical infrastructure of the United States, in14 cluding the performance of risk assessments to 

15 determine the risks posed by particular types of 

16 terrorist attacks within the United States (in17 cluding an assessment of the probability of suc18 cess of the attacks and the feasibility and po19 tential efficacy of various countermeasures to 

20 the attacks); 

21 ‘‘(C) integrate, in coordination with the 

22 Office of Intelligence and Analysis, relevant in23 formation, analyses, and vulnerability assess24 ments of critical infrastructure and key re25 sources of the United States (whether such inVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
82 

•S 1546 IS

1 formation, analyses, or assessments are pro2 vided or produced by the Department or others) 

3 in order to identify priorities for protective and 

4 support measures by the Department, other 

5 agencies of the Federal Government, State, and 

6 local government agencies; 

7 ‘‘(D) develop a comprehensive national 

8 plan for securing the key resources and critical 

9 infrastructure of the United States, including 

10 power production, generation, and distribution 

11 systems, information technology, and tele12 communications systems (including satellites), 

13 electronic financial and property record storage 

14 and transmission systems, emergency prepared15 ness communications systems, and the physical 

16 and technological assets that support such sys17 tems; 

18 ‘‘(E) recommend measures necessary to 

19 protect the key resources and critical infra20 structure of the United States in coordination 

21 with other agencies of the Federal Government 

22 and in cooperation with State and local govern23 ment agencies and authorities, the private sec24 tor, and other entities; 


emcdonald on DSK5VPTVN1PROD with BILLS
83 

•S 1546 IS

1 ‘‘(F) for each sector identified in the Na2 tional Infrastructure Protection Plan, prepare 

3 and submit to the Committee on Homeland Se4 curity and Governmental Affairs of the Senate 

5 and the Committee on Homeland Security of 

6 the House of Representatives, and to other ap7 propriate congressional committees having ju8 risdiction over the critical infrastructure or key 

9 resources, a report on the comprehensive as10 sessments carried out by the Secretary of the 

11 critical infrastructure and key resources of the 

12 United States, evaluating threat, vulnerability, 

13 and consequence, as required under this sub14 section, which— 

15 ‘‘(i) shall contain, if applicable, ac16 tions or countermeasures recommended or 

17 taken by the Secretary or the head of an18 other Federal agency to address issues 

19 identified in the assessments; and 

20 ‘‘(ii) shall be submitted not later than 

21 the start of the third fiscal year beginning 

22 after the date of enactment of this subtitle, 

23 and every 4 years thereafter; 

24 ‘‘(G) coordinate the identification and miti25 gation of risks associated with assets and sysVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
84 

•S 1546 IS

1 tems located outside the United States, which, 

2 if disrupted or destroyed, would critically affect 

3 the public health and safety, economy, or na4 tional security of the United States; and 

5 ‘‘(H) perform such other duties as the Sec6 retary may prescribe.’’. 

7 (2) CONTINUATION IN OFFICE.—The individual 

8 serving as Under Secretary for National Protection 

9 and Programs on the day before the date of enact10 ment of this Act, may serve as the Under Secretary 

11 for Infrastructure Protection and Resilience until 

12 the date on which an appointment to the position of 

13 Under Secretary for Infrastructure Protection and 

14 Resilience is made under section 103(a)(8) of the 

15 Homeland Security Act of 2002, as amended by this 

16 Act. 

17 (3) TECHNICAL AND CONFORMING AMEND18 MENT.—The table of contents in section 1(b) of the 

19 Homeland Security Act of 2002 (6 U.S.C. 101 et 

20 seq.) is amended by inserting after the item relating 

21 to section 235 the following: 

‘‘Subtitle E—Infrastructure Protection and Resilience Directorate 

‘‘Sec. 241. Infrastructure Protection and Resilience Directorate.’’. 


emcdonald on DSK5VPTVN1PROD with BILLS
85 

•S 1546 IS

1 SEC. 302. FEDERAL PROTECTIVE SERVICE. 

2 (a) IN GENERAL.—Title II of the Homeland Security 

3 Act of 2002 (6 U.S.C. 121 et seq.), as amended by section 

4 301, is amended by adding at the end the following: 

5 ‘‘Subtitle F—Federal Protective 

6 Service 

7 ‘‘SEC. 251. FEDERAL PROTECTIVE SERVICE. 

8 ‘‘(a) ESTABLISHMENT.—There is established within 

9 the Department the Federal Protective Service, which 

10 shall be headed by a Director, who shall report to the 

11 Under Secretary for Infrastructure Protection and Resil12 ience. 

13 ‘‘(b) ASSESSMENT AND COLLECTION OF FEES.—The 

14 Secretary may assess and collect fees and security charges 

15 for the costs of providing protective service. 

16 ‘‘(c) DEPOSIT OF FEES.—Any fees or security 

17 charges paid under this section shall be deposited in the 

18 appropriations account under the heading ‘FEDERAL PRO19 TECTIVE SERVICES’ under the heading ‘NATIONAL PRO20 TECTION AND PROGRAMS DIRECTORATE’ of the Depart21 ment. 

22 ‘‘(d) ADJUSTMENT OF FEES.—The Director of the 

23 Office of Management and Budget shall adjust fees as 

24 necessary to carry out this section.’’. 

25 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

26 The table of contents in section 1(b) of the Homeland SeVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
86 

•S 1546 IS

1 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

2 inserting after the item relating to section 241, as added 

3 by section 301 the following: 

‘‘Subtitle F—Federal Protective Service 

‘‘Sec. 251. Federal Protective Service.’’. 

4 TITLE IV—PREPAREDNESS, 

5 RESPONSE, AND RECOVERY 

6 SEC. 401. CATASTROPHIC INCIDENT PLANNING. 

7 (a) DEFINITIONS.—Section 602 of the Post-Katrina 

8 Emergency Management Act of 2006 (6 U.S.C. 701) is 

9 amended— 

10 (1) by redesignating paragraphs (5) through 

11 (16) as paragraphs (6) through (17), respectively; 

12 and 

13 (2) by inserting after paragraph (4) the fol14 lowing: 

15 ‘‘(5) the term ‘critical infrastructure’ has the 

16 meaning given that term in section 1016(e) of the 

17 USA PATRIOT Act (42 U.S.C. 5195c(e));’’. 

18 (b) IN GENERAL.—Section 653 of the Post-Katrina 

19 Emergency Management Act of 2006 (6 U.S.C. 753) is 

20 amended— 

21 (1) by redesignating subsections (b), (c), (d), 

22 and (e), as subsections (e), (f), (g), and (h), respec23 tively; 


emcdonald on DSK5VPTVN1PROD with BILLS
87 

•S 1546 IS

1 (2) by redesignating subsection (a) as sub2 section (c); 

3 (3) by inserting before subsection (c), as redes4 ignated, the following: 

5 ‘‘(a) DEFINITION.—In this section, the term ‘cata6 strophic incident planning’ means planning to prevent, 

7 prepare for, protect against, respond to, and recover from 

8 a catastrophic incident. 

9 ‘‘(b) PLANNING.—In support of the national pre10 paredness system, the President shall ensure that there 

11 are comprehensive plans to prevent, prepare for, protect 

12 against, respond to, and recover from natural disasters, 

13 acts of terrorism, and other man-made disasters, including 

14 catastrophic incidents, throughout the Federal Govern15 ment.’’; 

16 (4) in subsection (c), as redesignated— 

17 (A) by redesignating paragraphs (4) and 

18 (5) as paragraphs (5) and (6); 

19 (B) by inserting after paragraph (3), the 

20 following: 

21 ‘‘(4) conducts catastrophic incident planning as 

22 required under subsection (d)(2);’’; and 

23 (C) in paragraph (5), as redesignated, by 

24 inserting ‘‘, including for catastrophic inci25 dents,’’ after ‘‘operational plans’’; 


emcdonald on DSK5VPTVN1PROD with BILLS
88 

•S 1546 IS

1 (5) by inserting after subsection (c), as redesig2 nated, the following: 

3 ‘‘(d) CATASTROPHIC INCIDENT PLANNING.—In car4 rying out subsections (b) and (c), the President shall— 

5 ‘‘(1) identify and prioritize risks of catastrophic 

6 incidents, including risks across all critical infra7 structure sectors; 

8 ‘‘(2) ensure that Federal agencies coordinate to 

9 conduct comprehensive and effective catastrophic in10 cident planning to address prioritized catastrophic 

11 risks; and 

12 ‘‘(3) review plans for catastrophic incidents de13 veloped by Federal agencies to ensure the effective14 ness of the plans, including assessing whether— 

15 ‘‘(A) the assumptions underlying plans for 

16 catastrophic incidents are realistic; 

17 ‘‘(B) the resources identified to implement 

18 the plans are adequate for catastrophic inci19 dents, including whether the number, skills, and 

20 training of the available workforce is sufficient 

21 to implement the plans; and 

22 ‘‘(C) plans for catastrophic incidents re23 flect coordination with governmental and non24 governmental entities that would play a signifiVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
89 

•S 1546 IS

1 cant role in the response to the catastrophic in2 cident.’’; 

3 (6) in subsection (e), as redesignated, by strik4 ing ‘‘subsection (a)(4)’’ and inserting ‘‘subsection 

5 (c)(5)’’; and 

6 (7) in subsection (g), as redesignated, in the 

7 matter preceding paragraph (1), by striking ‘‘sub8 sections (a) and (b)’’ and inserting ‘‘subsections (c) 

9 and (e).’’. 

10 (c) HOMELAND SECURITY ACT.—Title V of the 

11 Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) 

12 is amended by adding at the end the following: 

13 ‘‘SEC. 526. CATASTROPHIC INCIDENT PLANNING. 

14 ‘‘(a) DEFINITION.—In this section, the term ‘cata15 strophic incident planning’ means planning to prevent, 

16 prepare for, protect against, respond to, and recover from 

17 a catastrophic incident. 

18 ‘‘(b) DIRECTOR.—The Secretary shall appoint a sen19 ior official within the Agency who shall be responsible for 

20 catastrophic incident planning, including— 

21 ‘‘(1) assisting the President and the heads of 

22 Federal agencies in identifying risks of catastrophic 

23 incidents for which planning is likely to be most 

24 needed or beneficial, including risks across all crit25 ical infrastructure sectors; 


emcdonald on DSK5VPTVN1PROD with BILLS
90 

•S 1546 IS

1 ‘‘(2) leading the efforts of the Department to 

2 conduct catastrophic incident planning to address 

3 risks in the areas of responsibility of the Depart4 ment; 

5 ‘‘(3) leading, promoting, and coordinating ef6 forts of Federal agencies to conduct catastrophic in7 cident planning to address risks, including by assist8 ing in the assessing and reviewing of plans of Fed9 eral agencies for catastrophic incidents and plans of 

10 private sector entities for catastrophic incidents sub11 mitted to the Federal agencies; 

12 ‘‘(4) developing communications plans and 

13 prescripted messages and message templates in ac14 cordance with section 530; 

15 ‘‘(5) providing assistance to State, local, and 

16 tribal governments in developing plans for cata17 strophic incidents; 

18 ‘‘(6) promoting and supporting appropriate cat19 astrophic incident planning by private sector entities, 

20 including private sector entities that own or manage 

21 critical infrastructure; and 

22 ‘‘(7) otherwise assisting in the implementation 

23 of section 653 of the Post-Katrina Emergency Man24 agement Reform Act of 2006 (6 U.S.C. 753).’’. 


emcdonald on DSK5VPTVN1PROD with BILLS
91 

•S 1546 IS

1 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

2 The table of contents in section 1(b) of the Homeland Se3 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

4 inserting after the item relating to section 525 the fol5 lowing: 

‘‘Sec. 526. Catastrophic incident planning.’’. 

6 SEC. 402. PREPAREDNESS OF INDIVIDUALS AND COMMU7 NITIES. 

8 (a) IN GENERAL.—Title V of the Homeland Security 

9 Act of 2002 (6 U.S.C. 311 et seq.), as amended by section 

10 401, is amended by adding at the end the following: 

11 ‘‘SEC. 527. PREPAREDNESS OF INDIVIDUALS AND COMMU12 NITIES. 

13 ‘‘(a) IN GENERAL.—The Administrator shall enhance 

14 and promote the preparedness of individuals and commu15 nities for natural disasters, acts of terrorism, and other 

16 man-made disasters and coordinate with State, local, and 

17 tribal governments and private sector and nongovern18 mental organizations in these efforts. 

19 ‘‘(b) LEAD OFFICIAL.—The Administrator shall ap20 point a senior official within the Department to coordinate 

21 and oversee the activities of the Agency to enhance and 

22 promote the preparedness of individuals and communities 

23 for natural disasters, acts of terrorism, and other man24 made disasters.’’. 


emcdonald on DSK5VPTVN1PROD with BILLS
92 

•S 1546 IS

1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

2 The table of contents in section 1(b) of the Homeland Se3 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

4 inserting after the item relating to section 526, as added 

5 by section 401, the following: 

‘‘Sec. 527. Preparedness of individuals and communities.’’. 

6 SEC. 403. FEDERAL RESPONSE AND RECOVERY PREPARED7 NESS OFFICIALS. 

8 (a) IN GENERAL.—Title V of the Homeland Security 

9 Act of 2002 (6 U.S.C. 311 et seq.) is amended— 

10 (1) in section 501 (6 U.S.C. 311)— 

11 (A) in paragraph (8), by striking ‘‘section 

12 502(a)(6)’’ and inserting ‘‘section 504(a)(6)’’; 

13 (B) by redesignating paragraphs (9) 

14 through (14) as paragraphs (10) through (15), 

15 respectively; and 

16 (C) by inserting after paragraph (8) the 

17 following: 

18 ‘‘(9) the term ‘recovery’ means the short- and 

19 long-term process of restoring, reshaping, and en20 hancing the resiliency of the physical, social, eco21 nomic, and natural environments, government insti22 tutions, and the lives of affected individuals.’’; and 

23 (2) by adding after section 527, as added by 

24 section 402 of this Act, the following: 


emcdonald on DSK5VPTVN1PROD with BILLS
93 

•S 1546 IS

1 ‘‘SEC. 528. FEDERAL RESPONSE AND RECOVERY PRE2 PAREDNESS OFFICIALS. 

3 ‘‘(a) IN GENERAL.—The Administrator shall ensure 

4 the preparedness of Federal agencies to respond to and 

5 support recovery from a natural disaster, act of terrorism, 

6 or other man-made disaster by— 

7 ‘‘(1) ensuring the development of and prepared8 ness of the Agency to implement the National Re9 sponse Framework and the National Disaster Recov10 ery Framework; 

11 ‘‘(2) ensuring Federal agencies with responsibil12 ities under the National Response Framework and 

13 the National Disaster Recovery Framework are pre14 pared to fulfill those responsibilities, including hav15 ing appropriate staffing and training; and 

16 ‘‘(3) unless a major disaster is a catastrophic 

17 incident relating to which the President has estab18 lished a Commission under section 327 of the Robert 

19 T. Stafford Disaster Relief and Emergency Assist20 ance Act, resolving disagreements relating to re21 sponse to and recovery from major disasters between 

22 Federal agencies with responsibilities under the Na23 tional Disaster Recovery Framework, including dis24 agreements relating to a particular major disaster 

25 and disagreements that arise before a major disaster 

26 is declared. 


emcdonald on DSK5VPTVN1PROD with BILLS
94 

•S 1546 IS

1 ‘‘(b) DISASTER RESPONSE AND RECOVERY OFFI2 CIALS.—The head of each Federal agency with major re3 sponsibilities under the National Response Framework or 

4 the National Disaster Recovery Framework, as deter5 mined by the Administrator, shall designate a senior offi6 cial to— 

7 ‘‘(1) ensure the Federal agency is prepared to 

8 execute its response and recovery responsibilities 

9 under such plans; and 

10 ‘‘(2) coordinate disaster response and recovery 

11 efforts and activities with the Administrator.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

13 The table of contents in section 1(b) of the Homeland Se14 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

15 inserting after the item relating to section 527, as added 

16 by section 402, the following: 

‘‘Sec. 528. Federal response and recovery preparedness officials.’’. 

17 SEC. 404. RECOVERY. 

18 (a) DEFINITION OF MAJOR DISASTER.—Section 102 

19 of the Robert T. Stafford Disaster Relief and Emergency 

20 Assistance Act (42 U.S.C. 5122) is amended by striking 

21 paragraph (2) and inserting the following: 

22 ‘‘(2) MAJOR DISASTER.—The term ‘major dis23 aster’ means any natural disaster (including a pan24 demic), act of terrorism, or other man-made dis25 aster, in any part of the United States, which in the 


emcdonald on DSK5VPTVN1PROD with BILLS
95 

•S 1546 IS

1 determination of the President causes damage of 

2 sufficient severity and magnitude to warrant major 

3 disaster assistance under this Act to supplement the 

4 efforts and available resources of States, local gov5 ernments, and disaster relief organizations in alle6 viating the damage, loss, hardship, or suffering 

7 caused thereby.’’. 

8 (b) OTHER DEFINITIONS.—Section 102 of the Rob9 ert T. Stafford Disaster Relief and Emergency Assistance 

10 Act (42 U.S.C. 5122) is amended by adding at the end 

11 the following: 

12 ‘‘(11) RECOVERY.—The term ‘recovery’ has the 

13 meaning given that term in section 501 of the 

14 Homeland Security Act of 2002 (6 U.S.C. 311). 

15 ‘‘(12) NATIONAL DISASTER RECOVERY FRAME16 WORK.—The term ‘National Disaster Recovery 

17 Framework’ means the National Disaster Recovery 

18 Framework developed under section 655 of the Post19 Katrina Emergency Management Reform Act of 

20 2006. 

21 ‘‘(13) CATASTROPHIC INCIDENT.—The term 

22 ‘catastrophic incident’ has the meaning given that 

23 term in section 501 of the Homeland Security Act 

24 of 2002 (6 U.S.C. 311).’’. 


emcdonald on DSK5VPTVN1PROD with BILLS
96 

•S 1546 IS

1 (c) RECOVERY EFFORTS.—Section 402 of the Robert 

2 T. Stafford Disaster Relief and Emergency Assistance Act 

3 (42 U.S.C. 5170a) is amended— 

4 (1) in paragraph (3)— 

5 (A) in subparagraph (D), by inserting 

6 ‘‘and’’ after ‘‘measures;’’; 

7 (B) in subparagraph (E), by striking 

8 ‘‘and’’ at the end; and 

9 (C) by striking subparagraph (F); 

10 (2) in paragraph (4), by striking ‘‘and’’ at the 

11 end; 

12 (3) in paragraph (5)(B), by striking the period 

13 at the end and inserting ‘‘; and’’; and 

14 (4) by adding at the end the following: 

15 ‘‘(6) assist State and local governments to re16 cover from a major disaster and coordinate Federal 

17 assistance for recovery from the major disaster by— 

18 ‘‘(A) identifying and coordinating Federal 

19 resources, programs, and agencies to support 

20 the implementation of recovery and mitigation 

21 efforts of State and local governments; 

22 ‘‘(B) providing technical and other advice 

23 to State and local governments to manage, con24 trol, and mitigate hazards and risk to reduce 

25 damages from a subsequent major disaster; 


emcdonald on DSK5VPTVN1PROD with BILLS
97 

•S 1546 IS

1 ‘‘(C) in the case of a catastrophic incident, 

2 establishing a Commission under section 327; 

3 and 

4 ‘‘(D) providing financial and technical as5 sistance and advice to State and local govern6 ments affected by a major disaster to— 

7 ‘‘(i) assess the effects of the major 

8 disaster; 

9 ‘‘(ii) support coordinated and com10 prehensive recovery planning; and 

11 ‘‘(iii) support and facilitate implemen12 tation of recovery plans and actions.’’. 

13 (d) RECOVERY FROM A CATASTROPHIC INCIDENT.— 

14 Title III of the Robert T. Stafford Disaster Relief and 

15 Emergency Assistance Act (42 U.S.C. 5141 et seq.) is 

16 amended by adding at the end the following: 

17 ‘‘SEC. 327. CATASTROPHIC INCIDENT RECOVERY COMMIS18 SIONS. 

19 ‘‘(a) DEFINITIONS.—In this section— 

20 ‘‘(1) the term ‘Administrator’ means the Ad21 ministrator of the Federal Emergency Management 

22 Agency; 

23 ‘‘(2) the term ‘Chairperson’ means the Chair24 person of a Commission selected under subsection 

25 (b)(2); and 


emcdonald on DSK5VPTVN1PROD with BILLS
98 

•S 1546 IS

1 ‘‘(3) the term ‘Commission’ means a commis2 sion established under subsection (b)(1). 

3 ‘‘(b) COMMISSION ESTABLISHMENT.— 

4 ‘‘(1) IN GENERAL.—Immediately following a 

5 catastrophic incident, the President may establish a 

6 commission to facilitate and support States and local 

7 governments in achieving an efficient, effective, and 

8 expeditious recovery from the catastrophic incident. 

9 ‘‘(2) CHAIRPERSON.—The President shall select 

10 an official to serve as the Chairperson of each Com11 mission to ensure the responsibilities of the Commis12 sion are fulfilled. The Chairperson shall have the au13 thority to direct any Federal agency to use the au14 thorities and resources granted to the Federal agen15 cy under Federal law in support of the efficient, ef16 fective, and expeditious recovery from the cata17 strophic incident. 

18 ‘‘(3) MEMBERS OF COMMISSIONS.—Each Com19 mission shall include as a member the Adminis20 trator, the head of each Federal agency with major 

21 responsibilities under the National Disaster Recov22 ery Framework, and the head of any other Federal 

23 agency that the President determines necessary. 

24 ‘‘(4) STAFFING.—The Administrator and the 

25 head of each Federal agency with responsibilities 


emcdonald on DSK5VPTVN1PROD with BILLS
99 

•S 1546 IS

1 under the National Disaster Recovery Framework 

2 shall each detail to each Commission a sufficient 

3 number of senior officials with decisionmaking au4 thority and staff who shall serve full-time on the 

5 Commission to ensure efficient administration of the 

6 assistance provided by the Federal Government. 

7 ‘‘(c) RESPONSIBILITIES OF A COMMISSION.—A Com8 mission shall— 

9 ‘‘(1) develop and implement a strategic plan 

10 under subsection (d) for the recovery from the cata11 strophic incident and to mitigate against the effects 

12 of and foster resilience against subsequent disasters; 

13 ‘‘(2) coordinate the activities of Federal agen14 cies represented by the members of the Commission 

15 and other Federal agencies that the President deter16 mines necessary and resolve disagreements relating 

17 to recovery from the catastrophic incident between 

18 or among Federal agencies; 

19 ‘‘(3) compile data relating to the recovery from 

20 the catastrophic incident, including on the Federal 

21 assistance provided and the status of meeting recov22 ery goals; 

23 ‘‘(4) identify Federal regulations, policies, and 

24 procedures that need to be streamlined and coordiVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
100 

•S 1546 IS

1 nated to enable an efficient, expeditious, and effec2 tive recovery from the catastrophic incident; 

3 ‘‘(5) identify and facilitate the provision of Fed4 eral funds to address gaps in the recovery from the 

5 catastrophic incident; 

6 ‘‘(6) coordinate with State and local govern7 ments on the recovery from the catastrophic inci8 dent; and 

9 ‘‘(7) take actions to prevent waste, fraud, and 

10 abuse in the recovery from the catastrophic incident. 

11 ‘‘(d) STRATEGIC RECOVERY PLAN.— 

12 ‘‘(1) IN GENERAL.—Not later than 90 days 

13 after the date of a catastrophic incident, the Com14 mission established for the catastrophic incident 

15 shall submit to the Committee on Homeland Secu16 rity and Governmental Affairs of the Senate and the 

17 Committee on Transportation and Infrastructure of 

18 the House of Representatives a strategic recovery 

19 plan for how the Federal Government will expedi20 tiously assist State and local governments in the re21 covery of the area affected by the catastrophic inci22 dent. 

23 ‘‘(2) CONTENTS.—Each strategic plan sub24 mitted under paragraph (1) shall be written in coVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
101 

•S 1546 IS

1 ordination with State and local governments affected 

2 by the catastrophic incident and shall include— 

3 ‘‘(A) an assessment of challenges and 

4 needs faced in the recovery from the cata5 strophic incident; 

6 ‘‘(B) a description of how each Federal 

7 agency will support State and local governments 

8 in the recovery efforts, including technical, fi9 nancial, and planning assistance, and the roles 

10 and responsibilities of each Federal agency in 

11 fulfilling the strategic plan; 

12 ‘‘(C) a description of how each Federal 

13 agency on the Commission will administer and 

14 provide staffing to assist in the recovery from 

15 the catastrophic incident; 

16 ‘‘(D) a description of any procedures of a 

17 Federal agency that will be streamlined to help 

18 ensure an efficient and effective recovery from 

19 the catastrophic incident; and 

20 ‘‘(E) a description of any legislative au21 thority needed to help ensure an efficient, expe22 ditious, and effective recovery from the cata23 strophic incident. 

24 ‘‘(3) UPDATE.—Not later than 180 days after 

25 the date on which a Commission submits a strategic 


emcdonald on DSK5VPTVN1PROD with BILLS
102 

•S 1546 IS

1 plan under paragraph (1), and every 180 days there2 after until the date on which the Commission termi3 nates under subsection (e), the Commission shall 

4 submit to the Committee on Homeland Security and 

5 Governmental Affairs of the Senate a report describ6 ing— 

7 ‘‘(A) progress in the recovery from the cat8 astrophic incident since the date on which the 

9 most recent strategic plan or report relating to 

10 the catastrophic incident was submitted; and 

11 ‘‘(B) major challenges and unmet needs re12 maining in the recovery from the catastrophic 

13 incident. 

14 ‘‘(e) TERMINATION.— 

15 ‘‘(1) IN GENERAL.—The President shall termi16 nate a Commission established in relation to a cata17 strophic incident when the President determines that 

18 all issues relating to the Federal coordination of the 

19 recovery have been substantially resolved. 

20 ‘‘(2) WITHDRAWAL.—Upon a determination by 

21 the President that the matters with which a Federal 

22 agency has been involved as part of a Commission 

23 have been substantially resolved, the Federal agency 

24 may withdraw from the Commission.’’. 


emcdonald on DSK5VPTVN1PROD with BILLS
103 

•S 1546 IS

1 SEC. 405. ENHANCING RESPONSE AND RECOVERY OPER2 ATIONS AND PROGRAMS. 

3 (a) IN GENERAL.—Title V of the Homeland Security 

4 Act of 2002 (6 U.S.C. 311 et seq.), as amended by section 

5 403, is amended by adding at the end the following: 

6 ‘‘SEC. 529. ADMINISTRATION OF RESPONSE AND RECOVERY 

7 OPERATIONS AND PROGRAMS. 

8 ‘‘(a) DEFINITIONS.—In this section— 

9 ‘‘(1) the term ‘annuitant’ means an annuitant 

10 under a Government retirement system; 

11 ‘‘(2) the terms ‘deployed’ and ‘deployment’ 

12 mean the performance of services under the response 

13 and recovery operations and programs of the Agen14 cy, including exercises and training for such oper15 ations and programs; 

16 ‘‘(3) the term ‘Disaster Reserve Workforce’ 

17 means the Disaster Reserve Workforce established 

18 under subsection (b); 

19 ‘‘(4) the term ‘employee’ has the meaning given 

20 under section 2105 of title 5, United States Code; 

21 ‘‘(5) the term ‘employee designated for short 

22 term deployments’ means an employee hired under 

23 section 306(b)(1) of the Robert T. Stafford Disaster 

24 Relief and Emergency Assistance Act (42 U.S.C. 

25 5149(b)(1)) designated only for short-term deploy26 ments; 


emcdonald on DSK5VPTVN1PROD with BILLS
104 

•S 1546 IS

1 ‘‘(6) the term ‘Government retirement system’ 

2 means a retirement system established by law for 

3 employees of the Government of the United States; 

4 ‘‘(7) the term ‘major project’ means any project 

5 for which the total costs are greater than $400,000; 

6 ‘‘(8) the term ‘permanent seasonal employee’ 

7 means an employee, including an employee hired 

8 under section 306(b)(1) of the Robert T. Stafford 

9 Disaster Relief and Emergency Assistance Act (42 

10 U.S.C. 5149(b)(1)), working under seasonal employ11 ment as defined under section 340.401 of title 5 of 

12 the Code of Federal Regulations or any successor 

13 regulation; 

14 ‘‘(9) the term ‘reservist’ means an employee 

15 who is a member of the Disaster Reserve Workforce; 

16 ‘‘(10) the term ‘response and recovery oper17 ations and programs’ means response operations and 

18 programs and recovery operations and programs; 

19 ‘‘(11) the term ‘response operations and pro20 grams’ means operations and programs that involve 

21 taking immediate actions to save lives, protect prop22 erty or the environment, or meet basic human needs; 

23 ‘‘(12) the term ‘recovery operations and pro24 grams’ means operations and programs to support 


emcdonald on DSK5VPTVN1PROD with BILLS
105 

•S 1546 IS

1 and enable recovery, as defined in section 501 of the 

2 Homeland Security Act of 2002; and 

3 ‘‘(13) the term ‘term employee’ means an em4 ployee, including an employee hired under section 

5 306(b)(1) of the Robert T. Stafford Disaster Relief 

6 and Emergency Assistance Act (42 U.S.C. 

7 5149(b)(1)), who is appointed to a term of 1 or 

8 more years. 

9 ‘‘(b) DISASTER RESERVE WORKFORCE.—In order to 

10 provide efficiency, continuity, quality, and accuracy in 

11 services performed under response and recovery operations 

12 and programs there is within the Agency a Disaster Re13 serve Workforce, which shall be used to supplement the 

14 work of permanent full-time employees of the Agency on 

15 response and recovery operations and programs. 

16 ‘‘(c) PROVISION OF SERVICES PERFORMED UNDER

17 RESPONSE AND RECOVERY OPERATIONS AND PRO18 GRAMS.— 

19 ‘‘(1) IN GENERAL.—The Administrator shall 

20 ensure that the Disaster Reserve Workforce can rap21 idly and efficiently deploy qualified, skilled, and 

22 trained reservists for a sufficiently long period to 

23 provide continuity in response and recovery oper24 ations and programs. 

25 ‘‘(2) MANAGEMENT AND IMPLEMENTATION.— 


emcdonald on DSK5VPTVN1PROD with BILLS
106 

•S 1546 IS

1 ‘‘(A) IN GENERAL.—Sufficient numbers of 

2 qualified permanent full-time employees of the 

3 Agency shall lead and manage the Disaster Re4 serve Workforce and implement response and 

5 recovery operations and programs, including 

6 leading individual major projects under sections 

7 404, 406, and 407 of the Robert T. Stafford 

8 Disaster Relief and Emergency Assistance Act 

9 (42 U.S.C. 5170c, 5172, and 5173). 

10 ‘‘(B) RESERVISTS.—Reservists shall in11 clude— 

12 ‘‘(i) term employees; 

13 ‘‘(ii) permanent seasonal employees; 

14 ‘‘(iii) employees designated for short15 term deployments; 

16 ‘‘(iv) employees of the Department 

17 who are not employees of the Agency; and 

18 ‘‘(v) employees of other Federal agen19 cies. 

20 ‘‘(C) SHORT-TERM DEPLOYMENTS.—Em21 ployees designated for short-term deployments 

22 shall generally be deployed— 

23 ‘‘(i) when necessary to temporarily re24 spond to— 


emcdonald on DSK5VPTVN1PROD with BILLS
107 

•S 1546 IS

1 ‘‘(I) imminent natural disasters, 

2 acts of terrorism, and other manmade 

3 disasters; or 

4 ‘‘(II) the immediate aftermath of 

5 those disasters or acts; 

6 ‘‘(ii) only for uncertain or temporary 

7 durations; and 

8 ‘‘(iii) absent extraordinary cir9 cumstances, for less than 180 days each 

10 calendar year. 

11 ‘‘(D) RELIANCE ON CERTAIN RESERV12 ISTS.—In supporting the work of permanent 

13 full-time employees, the Administrator— 

14 ‘‘(i) shall rely to the greatest extent 

15 possible on term employees and permanent 

16 seasonal employees, in order to help ensure 

17 greater efficiency, continuity, quality, and 

18 accuracy in services performed under re19 covery operations and programs; and 

20 ‘‘(ii) may use discretion to deploy the 

21 reservists most able to ensure the greatest 

22 efficiency, continuity, quality, and accuracy 

23 in services performed under response and 

24 recovery operations and programs. 


emcdonald on DSK5VPTVN1PROD with BILLS
108 

•S 1546 IS

1 ‘‘(3) POLICIES AND PROCEDURES.—In order to 

2 ensure that efficient, continuous, and accurate serv3 ices are provided under response and recovery oper4 ations and programs, not later than 180 days after 

5 the date of enactment of this section, the Adminis6 trator shall develop— 

7 ‘‘(A) staffing policies and procedures that 

8 provide for the proper implementation of and 

9 management of response and recovery oper10 ations and programs by sufficient numbers of 

11 permanent full-time senior-level officials; 

12 ‘‘(B) plans to recruit individuals who re13 side in the area affected by a major disaster 

14 when long-term recovery efforts are needed; and 

15 ‘‘(C) policies and procedures relating to 

16 sections 403, 404, 406, 407, and 502 of the 

17 Robert T. Stafford Disaster Relief and Emer18 gency Assistance Act (42 U.S.C. 5170b, 5170c, 

19 5172, 5173, and 5192). 

20 ‘‘(4) MINIMUM STANDARDS AND GUIDELINES

21 FOR THE DISASTER RESERVE WORKFORCE.— 

22 ‘‘(A) STANDARDS AND GUIDELINES.—Not 

23 later than 180 days after the date of enactment 

24 of this section, the Administrator shall develop 


emcdonald on DSK5VPTVN1PROD with BILLS
109 

•S 1546 IS

1 standards and guidelines for the Disaster Re2 serve Workforce, including— 

3 ‘‘(i) setting appropriate mandatory be4 fore and after disaster training require5 ments; 

6 ‘‘(ii) establishing the minimum num7 ber of days annually an individual is re8 quired to deploy in a year during which 

9 there is sufficient work for members of the 

10 Disaster Reserve Workforce; 

11 ‘‘(iii) providing for a reasonably long 

12 time period for deployment to ensure con13 tinuity in operations; and 

14 ‘‘(iv) establishing performance re15 quirements, including for the timely and 

16 accurate resolution of issues and projects. 

17 ‘‘(B) MAINTAINING MEMBERSHIP IN THE

18 DISASTER RESERVE WORKFORCE.—In order to 

19 maintain membership in the Disaster Reserve 

20 Workforce, a reservist shall— 

21 ‘‘(i) be credentialed in accordance 

22 with section 510; and 

23 ‘‘(ii) meet all minimum standards and 

24 guidelines established under subparagraph 

25 (A)— 


emcdonald on DSK5VPTVN1PROD with BILLS
110 

•S 1546 IS

1 ‘‘(I) for term employees, before 

2 being appointed to a term in the Dis3 aster Reserve Workforce; and 

4 ‘‘(II) annually for all other re5 servists. 

6 ‘‘(C) EVALUATION SYSTEM.—In consulta7 tion with the Director of the Office of Per8 sonnel Management, the Administrator shall de9 velop and implement a system to continuously 

10 evaluate reservists to ensure that all minimum 

11 standards and guidelines under this paragraph 

12 are satisfied annually by all reservists. Chapter 

13 43 of title 5, United States Code, shall not 

14 apply to reservists covered under the system de15 veloped and implemented under this subpara16 graph. 

17 ‘‘(5) CONTRACTORS.—Not later than 180 days 

18 after the date of enactment of this section, the Ad19 ministrator, in conjunction with the Chief Human 

20 Capital Officer of the Agency, shall establish policies 

21 and procedures for contractors that support re22 sponse and recovery operations and programs, which 

23 shall ensure that the contractors have appropriate 

24 skills, training, knowledge, and experience for as25 signed tasks, including by ensuring that the contracVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
111 

•S 1546 IS

1 tors meet training, credentialing, and performance 

2 requirements similar to the requirements for reserv3 ists. 

4 ‘‘(6) REEMPLOYED ANNUITANTS.— 

5 ‘‘(A) IN GENERAL.—In appointing reserv6 ists to the Disaster Reserve Workforce, the ap7 plication of sections 8344 and 8468 of title 5, 

8 United States Code (relating to annuities and 

9 pay on reemployment) or any other similar pro10 vision of law under a Government retirement 

11 system may be waived by the Administrator for 

12 annuitants reemployed on deployments involv13 ing a direct threat to life or property or other 

14 unusual circumstances for the entirety of the 

15 deployment. 

16 ‘‘(B) LIMITATIONS.—The authority under 

17 subparagraph (A)— 

18 ‘‘(i) is granted to assist the Adminis19 trator in establishing and effectively oper20 ating the Disaster Reserve Workforce if no 

21 other qualified applicant is available for a 

22 reservist position; and 

23 ‘‘(ii) may be exercised only— 

24 ‘‘(I) with respect to natural dis25 asters, acts of terrorism, or other 


emcdonald on DSK5VPTVN1PROD with BILLS
112 

•S 1546 IS

1 man-made disasters, including cata2 strophic incidents; and 

3 ‘‘(II) if the applicant will not ac4 cept the position without a waiver. 

5 ‘‘(C) NOT EMPLOYEE FOR RETIREMENT

6 PURPOSES.—An annuitant to whom a waiver 

7 under subparagraph (A) is in effect shall not be 

8 considered an employee for purposes of any 

9 Government retirement system. 

10 ‘‘(7) PERMANENT EMPLOYMENT POSITIONS.— 

11 ‘‘(A) IN GENERAL.—A reservist hired 

12 under section 306(b)(1) of the Robert T. Staf13 ford Disaster Relief and Emergency Assistance 

14 Act (42 U.S.C. 5149(b)(1)) may compete for 

15 permanent positions in the Agency under merit 

16 promotion procedures. The actual time deployed 

17 as a reservist shall be considered creditable 

18 service for purposes of such competition and 

19 shall be calculated, for purposes of section 8411 

20 of title 5, United States Code, by dividing the 

21 total number of days of service as a reservist by 

22 365 to obtain the number of years of service 

23 and dividing any remainder by 30 to obtain the 

24 number of additional months of service and exVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
113 

•S 1546 IS

1 cluding from the aggregate the fractional part 

2 of a month, if any. 

3 ‘‘(B) CONSIDERATION.—In evaluating a 

4 reservist hired under section 306(b)(1) of the 

5 Robert T. Stafford Disaster Relief and Emer6 gency Assistance Act (42 U.S.C. 5149(b)(1)) 

7 for a potential permanent employment position, 

8 the Administrator shall consider the qualifica9 tions of, and performance as a reservist by, the 

10 reservist, including the ability of the reservist to 

11 timely, accurately, and creatively resolve issues 

12 and projects when deployed. 

13 ‘‘(C) EFFECTIVE DATE AND APPLICA14 TION.—This paragraph shall— 

15 ‘‘(i) take effect on the date on which 

16 the Administrator implements the evalua17 tion system under paragraph (4)(C); and 

18 ‘‘(ii) apply to periods of service per19 formed after that date. 

20 ‘‘(8) NO IMPACT ON AGENCY PERSONNEL CEIL21 ING.—Reservists shall not be counted against any 

22 personnel ceiling limitation applicable to the Agen23 cy.’’. 

24 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

25 The table of contents in section 1(b) of the Homeland SeVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
114 

•S 1546 IS

1 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

2 inserting after the item relating to section 528, as added 

3 by section 403, the following: 

‘‘Sec. 529. Administration of response and recovery operations and programs.’’. 

4 (c) PERMANENT SEASONAL EMPLOYEES.—Section 

5 306(b) of the Robert T. Stafford Disaster Relief and 

6 Emergency Assistance Act (42 U.S.C. 5149(b)) is amend7 ed— 

8 (1) in paragraph (1), by inserting ‘‘or perma9 nent seasonal employees (as that term is defined 

10 under section 529(a)(8) of the Homeland Security 

11 Act of 2002)’’ after ‘‘temporary personnel’’; and 

12 (2) in paragraph (3), by inserting ‘‘or the em13 ployment of permanent seasonal employees (as that 

14 term is defined under section 529(a)(8) of the 

15 Homeland Security Act of 2002)’’ after ‘‘additional 

16 personnel’’. 

17 SEC. 406. DEPARTMENT AND AGENCY OFFICIALS. 

18 (a) IN GENERAL.—Section 514(a) of the Homeland 

19 Security Act of 2002 (6 U.S.C. 321c(a)) is amended— 

20 (1) by striking ‘‘The President’’ and inserting 

21 the following: 

22 ‘‘(1) IN GENERAL.—The President’’; 

23 (2) by striking ‘‘4 Deputy Administrators’’ and 

24 inserting ‘‘3 Deputy Administrators’’; and 

25 (3) by adding at the end the following: 


emcdonald on DSK5VPTVN1PROD with BILLS
115 

•S 1546 IS

1 ‘‘(2) CHIEF MANAGEMENT OFFICER.— 

2 ‘‘(A) IN GENERAL.—In addition to any 

3 Deputy Administrators appointed under para4 graph (1), the President shall appoint 1 Deputy 

5 Administrator who shall serve as the Chief 

6 Management Officer of the Agency and advise 

7 the Administrator on matters relating to the 

8 management of the Agency, including— 

9 ‘‘(i) budgeting, appropriations, ex10 penditures of funds, accounting, and fi11 nance; 

12 ‘‘(ii) procurement; 

13 ‘‘(iii) human resources and personnel; 

14 ‘‘(iv) information technology and com15 munications systems; 

16 ‘‘(v) facilities, property, equipment, 

17 and other material resources; 

18 ‘‘(vi) security for personnel, informa19 tion technology and communications sys20 tems, facilities, property, equipment, and 

21 other material resources; 

22 ‘‘(vii) identification and tracking of 

23 performance measures relating to the re24 sponsibilities of the Agency; 


emcdonald on DSK5VPTVN1PROD with BILLS
116 

•S 1546 IS

1 ‘‘(viii) grants and other assistance 

2 management programs; 

3 ‘‘(ix) the conduct of internal audits 

4 and management analyses of the programs 

5 and activities of the Agency; 

6 ‘‘(x) controls over waste, fraud, and 

7 abuse; and 

8 ‘‘(xi) any other management duties 

9 determined appropriate by the Adminis10 trator. 

11 ‘‘(B) CRITERIA.—The Deputy Adminis12 trator appointed under subparagraph (A) shall 

13 have— 

14 ‘‘(i) extensive executive level leader15 ship and management experience in the 

16 public or private sector; 

17 ‘‘(ii) strong leadership skills; 

18 ‘‘(iii) a demonstrated ability to man19 age large and complex organizations; and 

20 ‘‘(iv) a proven record in achieving 

21 positive operational results.’’. 

22 (b) PROVISION OF INFORMATION TO CONGRESS.— 

23 (1) DEFINITION.—In this subsection, the term 

24 ‘‘appropriate committees of Congress’’ means— 


emcdonald on DSK5VPTVN1PROD with BILLS
117 

•S 1546 IS

1 (A) the Committee on Homeland Security 

2 and Governmental Affairs of the Senate; and 

3 (B) the Committee on Homeland Security 

4 and the Committee on Transportation and In5 frastructure of the House of Representatives. 

6 (2) STRATEGY.—Not later than 1 year after the 

7 date of enactment of this Act, the Chief Manage8 ment Officer of the Federal Emergency Management 

9 Agency and the Under Secretary for Management 

10 shall submit to the appropriate committees of Con11 gress a strategy for improving the management of 

12 the Federal Emergency Management Agency. 

13 (3) BRIEFINGS.—Not later than 90 days after 

14 the date of enactment of this Act, and every 90 days 

15 thereafter until the date that is 3 years after the 

16 date of enactment of this Act, the Chief Manage17 ment Officer of the Federal Emergency Management 

18 Agency and the Under Secretary for Management 

19 shall brief the appropriate committees of Congress 

20 on measures taken to improve the management of 

21 the Federal Emergency Management Agency, includ22 ing, after the strategy is submitted under paragraph 

23 (2), information regarding implementation of the 

24 strategy. 


emcdonald on DSK5VPTVN1PROD with BILLS
118 

•S 1546 IS

1 SEC. 407. INFRASTRUCTURE PROTECTION ASSISTANCE. 

2 (a) PORT SECURITY GRANTS.—There is authorized 

3 to be appropriated to the Secretary to make grants for 

4 port security in accordance with section 70107 of title 46, 

5 United States Code, $249,500,000 for fiscal year 2012. 

6 (b) SURFACE TRANSPORTATION SECURITY

7 GRANTS.— 

8 (1) IN GENERAL.—There is authorized to be 

9 appropriated to the Secretary to make grants for 

10 public transportation security, railroad security, and 

11 over-the-road bus security in accordance with sec12 tions 1406, 1513, and 1532 of the Implementing 

13 Recommendations of 9/11 Commission Act of 2007 

14 (6 U.S.C. 1135, 1163, and 1182), $249,500,000 for 

15 fiscal year 2012. 

16 (2) PROGRAM GUIDANCE.—The Secretary 

17 shall— 

18 (A) ensure public transportation and pas19 senger rail security grants are awarded on the 

20 basis of remediating risk to the system and to 

21 the region as a whole; 

22 (B) require applications be reviewed and 

23 approved by a Regional Transit Security Work24 ing Group comprised of representatives of all el25 igible transportation systems in the region, the 


emcdonald on DSK5VPTVN1PROD with BILLS
119 

•S 1546 IS

1 homeland security offices of each State in the 

2 region, and other relevant regional officials; 

3 (C) require a Federal Security Director fa4 miliar with the region, or another Federal secu5 rity official familiar with the region and des6 ignated by the Secretary, to rank applications 

7 based on the anticipated ability of the proposed 

8 use of funds to protect passengers from acts of 

9 terrorism, including the use of explosive devices 

10 and the release of biological, chemical, and radi11 ological agents; and 

12 (D) in any year in which more than 50 

13 percent (by dollar value) of all funding available 

14 for grants under sections 1406, 1513, and 1532 

15 of the Implementing Recommendations of 9/11 

16 Commission Act of 2007 (6 U.S.C. 1135, 1163, 

17 and 1182) is awarded for securing or remedi18 ating risk to specific physical assets, submit a 

19 report to the Committee on Homeland Security 

20 and Governmental Affairs of the Senate and the 

21 Committee on Homeland Security of the House 

22 of Representatives describing how the grant 

23 funds awarded under those sections will be used 

24 to protect passengers from acts of terrorism, in25 cluding the use of explosive devices and the reVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
120 

•S 1546 IS

1 lease of biological, chemical, and radiological 

2 agents. 

3 SEC. 408. FEDERAL-STATE BORDER SECURITY COOPERA4 TION. 

5 (a) IN GENERAL.—Title XX of the Homeland Secu6 rity Act of 2002 (6 U.S.C. 601 et seq.) is amended by 

7 adding at the end the following: 

8 ‘‘Subtitle C—Other Grant Programs 

9 ‘‘SEC. 2041. OPERATION STONEGARDEN GRANT PROGRAM. 

10 ‘‘(a) FINANCIAL ASSISTANCE.— 

11 ‘‘(1) AUTHORITY.— 

12 ‘‘(A) IN GENERAL.—The Secretary, acting 

13 through the Administrator, may make grants to 

14 States to facilitate and enhance participation by 

15 States, local governments, and Indian tribes in 

16 border security efforts. 

17 ‘‘(B) CONSULTATION.—In developing guid18 ance for grants authorized under this section, 

19 the Administrator shall consult with the Com20 missioner of U.S. Customs and Border Protec21 tion. 

22 ‘‘(2) ELIGIBILITY.—A State is eligible for a 

23 grant under this section if the State has an inter24 national water border or is located on the interVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
121 

•S 1546 IS

1 national border between the United States and Mex2 ico or the United States and Canada. 

3 ‘‘(3) AVAILABILITY AND USE OF FUNDS.— 

4 ‘‘(A) IN GENERAL.—Not later than 45 

5 days after the date on which a State receives 

6 funds under a grant under this section, the 

7 State shall make available not less than 95 per8 cent of the funds to participating entities of the 

9 State or a local government or Indian tribe in 

10 the State. 

11 ‘‘(B) RETAINED FUNDS.—A States may 

12 use not more than 5 percent of the funds re13 ceived under a grant under this section for ex14 penses relating to the management and admin15 istration of the grant. 

16 ‘‘(C) MANAGEMENT AND ADMINISTRA17 TION.—A local government or Indian tribe that 

18 receives grant funds under this section may use 

19 not more than 5 percent of the funds for ex20 penses relating to the management and admin21 istration of the grant. 

22 ‘‘(4) LIMITATIONS ON USE OF FUNDS.—Funds 

23 provided under a grant under this section may not 

24 be used to— 


emcdonald on DSK5VPTVN1PROD with BILLS
122 

•S 1546 IS

1 ‘‘(A) supplant State, local, or tribal gov2 ernment funds; 

3 ‘‘(B) pay salaries or benefits for personnel, 

4 other than overtime expenses of regular and re5 serve law enforcement personnel or regular pay 

6 expenses of reserve law enforcement personnel; 

7 or 

8 ‘‘(C) construct or renovate buildings or 

9 other physical facilities. 

10 ‘‘(5) PRIORITIZATION.—In allocating funds 

11 among eligible States applying for grants under this 

12 section, the Administrator shall consider— 

13 ‘‘(A) an assessment of the risks associated 

14 with cross-border threats to a State, including 

15 terrorism and other criminal activities, includ16 ing consideration of— 

17 ‘‘(i) the most current threat assess18 ments available to the Department relevant 

19 to the border of the State; 

20 ‘‘(ii) border-specific law enforcement 

21 intelligence; 

22 ‘‘(iii) the length of the international 

23 border of the State; and 

24 ‘‘(iv) such other factors as the Admin25 istrator determines appropriate; 


emcdonald on DSK5VPTVN1PROD with BILLS
123 

•S 1546 IS

1 ‘‘(B) the anticipated effectiveness of the 

2 proposed use of the grant by the State to en3 hance border security capabilities; and 

4 ‘‘(C) the results of peer review evaluations 

5 of applications conducted by State, local, and 

6 tribal law enforcement personnel. 

7 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated for grants under this 

9 section $55,000,000 for each of fiscal years 2012 through 

10 2017.’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

12 The table of contents in section 1(b) of the Homeland Se13 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

14 inserting after the item relating to section 2022 the fol15 lowing: 

‘‘Subtitle C—Other Grant Programs 

‘‘Sec. 2041. Operation Stonegarden grant program.’’. 

16 SEC. 409. EMERGENCY MANAGEMENT ASSISTANCE COM17 PACT. 

18 Section 661(d) of the Post-Katrina Emergency Man19 agement Reform Act of 2006 (6 U.S.C. 761(d)) is amend20 ed by striking ‘‘$4,000,000 for fiscal year 2008’’ and in21 serting ‘‘$2,000,000 for each of fiscal years 2012 through 

22 2016’’. 


emcdonald on DSK5VPTVN1PROD with BILLS
124 

•S 1546 IS

1 SEC. 410. REPEAL OF EMERGENCY OPERATIONS CENTER 

2 GRANT PROGRAM. 

3 (a) IN GENERAL.—Subtitle A of title VI of the Rob4 ert T. Stafford Disaster Relief and Emergency Assistance 

5 Act (42 U.S.C. 5196 et seq.) is amended— 

6 (1) by striking section 614 (42 U.S.C. 5196c); 

7 and 

8 (2) by redesignating sections 615 and 616 (42 

9 U.S.C. 5196d and 5196f) as sections 614 and 615, 

10 respectively. 

11 (b) SAVINGS CLAUSE.—A grant made under section 

12 614 of the Robert T. Stafford Disaster Relief and Emer13 gency Assistance Act before the date of enactment of this 

14 Act shall remain in full force and effect under the terms 

15 and conditions, and for the duration, of the grant. 

16 SEC. 411. PERFORMANCE MEASURES. 

17 In order to ensure that States, high-risk urban areas, 

18 and other grant recipients use grants administered by the 

19 Department effectively, the Administrator of the Federal 

20 Emergency Management Agency shall develop and imple21 ment performance metrics in accordance with the com22 prehensive assessment system under section 649 of the 

23 Post-Katrina Emergency Management Act of 2006 (6 

24 U.S.C. 749) and section 2022(a)(4) of the Homeland Se25 curity Act of 2002 (6 U.S.C. 612(a)(4)). 


emcdonald on DSK5VPTVN1PROD with BILLS
125 

•S 1546 IS

1 SEC. 412. COMMUNICATIONS PLANNING. 

2 (a) IN GENERAL.—Title V of the Homeland Security 

3 Act of 2002 (6 U.S.C. 311 et seq.), as amended by section 

4 405, is amended by adding at the end the following: 

5 ‘‘SEC. 530. COMMUNICATIONS PLANNING. 

6 ‘‘(a) INCORPORATION OF COMMUNICATIONS

7 PLANS.— 

8 ‘‘(1) IN GENERAL.—The Secretary, acting 

9 through the senior official responsible for cata10 strophic incident planning appointed under section 

11 526 (in this section referred to as the ‘designated of12 ficial’), shall develop communications plans for pro13 viding information to the public related to preparing 

14 for, protecting against, and responding to natural 

15 disasters, acts of terrorism, and other man-made 

16 disasters, including catastrophic incidents involving 

17 the use of weapons of mass destruction. 

18 ‘‘(2) CONSULTATION.—In developing commu19 nications plans under paragraph (1), the designated 

20 official shall consult with State, local, and tribal gov21 ernments and coordinate, as the designated official 

22 considers appropriate, with other executive agencies 

23 that have responsibilities under the National Re24 sponse Framework and other relevant executive 

25 agencies. 


emcdonald on DSK5VPTVN1PROD with BILLS
126 

•S 1546 IS

1 ‘‘(b) PRESCRIPTED MESSAGES AND MESSAGE TEM2 PLATES.— 

3 ‘‘(1) IN GENERAL.—As part of the communica4 tion plans, the designated official shall develop 

5 prescripted messages or message templates to be in6 cluded in the plans to be provided to State, local, 

7 and tribal government officials so that those officials 

8 can quickly and rapidly disseminate critical informa9 tion to the public in anticipation or in the immediate 

10 aftermath of a disaster or incident. 

11 ‘‘(2) DEVELOPMENT AND DESIGN.—The 

12 prescripted messages or message templates shall— 

13 ‘‘(A) be developed, as the designated offi14 cial determines appropriate, in consultation 

15 with State, local, and tribal governments and in 

16 coordination with other executive agencies that 

17 have responsibilities under the National Re18 sponse Framework and other relevant executive 

19 agencies; 

20 ‘‘(B) be designed to provide accurate, es21 sential, and appropriate information and in22 structions to the population directly affected by 

23 a disaster or incident, including information re24 lated to evacuation, sheltering in place, and 

25 issues of immediate health and safety; and 


emcdonald on DSK5VPTVN1PROD with BILLS
127 

•S 1546 IS

1 ‘‘(C) be designed to provide accurate, es2 sential, and appropriate technical information 

3 and instructions to emergency response pro4 viders and medical personnel responding to a 

5 disaster or incident. 

6 ‘‘(c) COMMUNICATIONS FORMATS.—In developing the 

7 prescripted messages or message templates required under 

8 subsection (b), the designated official shall develop each 

9 such prescripted message or message template in multiple 

10 formats to ensure delivery— 

11 ‘‘(1) in cases where the usual communications 

12 infrastructure is unusable as a result of the nature 

13 of a disaster or incident; and 

14 ‘‘(2) to individuals with disabilities or other spe15 cial needs and individuals with limited English pro16 ficiency in accordance with section 616 of the Robert 

17 T. Stafford Disaster Relief and Emergency Assist18 ance Act (42 U.S.C. 5196d). 

19 ‘‘(d) DISSEMINATION AND TECHNICAL ASSIST20 ANCE.—The designated official shall ensure that all 

21 prescripted messages and message templates developed 

22 under this section are made available to State, local, and 

23 tribal governments so that those governments may incor24 porate the messages and templates into the emergency 

25 plans of those governments. The designated official shall 


emcdonald on DSK5VPTVN1PROD with BILLS
128 

•S 1546 IS

1 also make available relevant technical assistance to those 

2 governments to support communications planning. 

3 ‘‘(e) EXERCISES.—To ensure that the prescripted 

4 messages or message templates developed under this sec5 tion can be effectively utilized in a disaster or incident, 

6 the designated official shall incorporate such prescripted 

7 messages or message templates into exercises conducted 

8 under the National Exercise Program described in section 

9 648 of the Post-Katrina Emergency Management Reform 

10 Act of 2006 (6 U.S.C. 748). 

11 ‘‘(f) SUBMISSION OF PLANS.—Not later than 1 year 

12 after the date of the enactment of this section, the des13 ignated official shall submit to the Committee on Home14 land Security and Governmental Affairs of the Senate and 

15 the Committee on Homeland Security of the House of 

16 Representatives a copy of the communications plans re17 quired to be developed under this section, including— 

18 ‘‘(1) prescripted messages or message templates 

19 developed in conjunction with the plans; and 

20 ‘‘(2) a description of the means that will be 

21 used to deliver such messages in a natural disaster, 

22 act of terrorism, or other man-made disaster.’’. 

23 (b) TABLE OF CONTENTS.—The table of contents in 

24 section 1(b) of the Homeland Security Act of 2002 (6 


emcdonald on DSK5VPTVN1PROD with BILLS
129 

•S 1546 IS

1 U.S.C. 101) is amended by inserting after the item relat2 ing to section 529, as added by section 405, the following: 

‘‘Sec. 530. Communications planning.’’. 

3 SEC. 413. GUIDELINES CONCERNING WEAPONS OF MASS 

4 DESTRUCTION. 

5 (a) IN GENERAL.—Title V of the Homeland Security 

6 Act of 2002 (6 U.S.C. 311 et seq.), as amended by section 

7 412, is amended by adding at the end the following: 

8 ‘‘SEC. 531. GUIDELINES CONCERNING WEAPONS OF MASS 

9 DESTRUCTION. 

10 ‘‘(a) ESTABLISHMENT OF GUIDELINES.—Not later 

11 than 1 year after the date of enactment of the Department 

12 of Homeland Security Authorization Act of 2011, the Sec13 retary shall— 

14 ‘‘(1) develop guidelines for responding to an ex15 plosion or release of nuclear, biological, radiological, 

16 or chemical material, in coordination with— 

17 ‘‘(A) State, local, and tribal governments; 

18 ‘‘(B) Federal agencies with— 

19 ‘‘(i) responsibilities for responding to 

20 weapons of mass destruction incidents 

21 under the National Response Framework; 

22 or 

23 ‘‘(ii) relevant scientific or worker 

24 health expertise; and 

25 ‘‘(C) representatives of— 


emcdonald on DSK5VPTVN1PROD with BILLS
130 

•S 1546 IS

1 ‘‘(i) emergency response provider or2 ganizations; and 

3 ‘‘(ii) public health and medical organi4 zations; and 

5 ‘‘(2) make the guidelines developed under para6 graph (1) available to State, local, and tribal govern7 ments, nongovernmental organizations, and the pri8 vate sector. 

9 ‘‘(b) CONTENTS.—The guidelines developed under 

10 subsection (a)(1) shall contain, at a minimum— 

11 ‘‘(1) protective action guidelines for ensuring 

12 the health and safety of emergency response pro13 viders; 

14 ‘‘(2) information regarding the effects of the bi15 ological, chemical, or radiological agent on those ex16 posed to the agent; and 

17 ‘‘(3) information regarding how emergency re18 sponse providers and mass care facilities may most 

19 effectively deal with individuals affected by an inci20 dent involving a nuclear, biological, radiological, or 

21 chemical material. 

22 ‘‘(c) REVIEW AND REVISION OF GUIDELINES.—The 

23 Secretary shall— 


emcdonald on DSK5VPTVN1PROD with BILLS
131 

•S 1546 IS

1 ‘‘(1) not less frequently than every 2 years, re2 view the guidelines developed under subsection 

3 (a)(1); 

4 ‘‘(2) make revisions to the guidelines as appro5 priate; and 

6 ‘‘(3) make the revised guidelines available to 

7 State, local, and tribal governments, nongovern8 mental organizations, the private sector, and the 

9 general public. 

10 ‘‘(d) PROCEDURES FOR DEVELOPING AND REVISING

11 GUIDELINES.—In carrying out the requirements of this 

12 section, the Secretary shall establish procedures to— 

13 ‘‘(1) inventory any relevant hazardous material 

14 response guidelines; 

15 ‘‘(2) enable the public to submit recommenda16 tions of areas for which guidelines could be devel17 oped under subsection (a)(1); 

18 ‘‘(3) determine which entities should be con19 sulted in developing or revising the guidelines; 

20 ‘‘(4) on a regular basis, prioritize guidelines 

21 that should be developed or revised; and 

22 ‘‘(5) develop and disseminate the guidelines in 

23 accordance with the prioritization under paragraph 

24 (4). 


emcdonald on DSK5VPTVN1PROD with BILLS
132 

•S 1546 IS

1 ‘‘(e) SUBMISSION OF GUIDELINES.—Not later than 

2 1 year after the date of enactment of the Department of 

3 Homeland Security Authorization Act of 2011, and annu4 ally thereafter, the Secretary shall submit guidelines devel5 oped under this section to the Committee on Homeland 

6 Security and Governmental Affairs of the Senate and the 

7 Committee on Homeland Security of the House of Rep8 resentatives.’’. 

9 (b) TABLE OF CONTENTS.—The table of contents in 

10 section 1(b) of the Homeland Security Act of 2002 (6 

11 U.S.C. 101) is amended by inserting after the item relat12 ing to section 530, as added by section 409, the following: 

‘‘Sec. 531. Guidelines concerning weapons of mass destruction.’’. 

13 SEC. 414. PLUME MODELING. 

14 (a) IN GENERAL.—Title III of the Homeland Secu15 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 

16 inserting after section 317 the following: 

17 ‘‘SEC. 318. PLUME MODELING. 

18 ‘‘(a) DEFINITIONS.—In this section— 

19 ‘‘(1) the term ‘integrated plume model’ means 

20 a plume model that integrates protective action guid21 ance and other information as the Secretary of 

22 Homeland Security determines appropriate; and 

23 ‘‘(2) the term ‘plume model’ means the assess24 ment of the location and prediction of the spread of 

25 nuclear, radioactive, or chemical fallout and biologiVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
133 

•S 1546 IS

1 cal pathogens resulting from an explosion or release 

2 of nuclear, radioactive, chemical, or biological sub3 stances. 

4 ‘‘(b) DEVELOPMENT.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall develop 

6 and disseminate integrated plume models to enable 

7 rapid response activities following a nuclear, radio8 logical, chemical, or biological explosion or release. 

9 ‘‘(2) SCOPE.—The Secretary shall— 

10 ‘‘(A) ensure the rapid development and 

11 distribution of integrated plume models to ap12 propriate officials of the Federal Government 

13 and State, local, and tribal governments to en14 able immediate response to a nuclear, radio15 logical, chemical, or biological incident; and 

16 ‘‘(B) establish mechanisms for dissemina17 tion by appropriate emergency response officials 

18 of the integrated plume models described in 

19 paragraph (1) to nongovernmental organiza20 tions and the public to enable appropriate re21 sponse activities by individuals. 

22 ‘‘(3) CONSULTATION WITH OTHER DEPART23 MENTS AND AGENCIES.—In developing the inte24 grated plume models described in this section, the 

25 Secretary shall consult, as appropriate, with— 


emcdonald on DSK5VPTVN1PROD with BILLS
134 

•S 1546 IS

1 ‘‘(A) the Secretary of Energy, the Sec2 retary of Defense, the Secretary of Health and 

3 Human Services, the Secretary of Commerce, 

4 and the heads of other executive agencies deter5 mined appropriate by the Secretary; and 

6 ‘‘(B) State, local, and tribal governments 

7 and nongovernmental organizations. 

8 ‘‘(c) EXERCISES.—The Secretary shall ensure that 

9 the development and dissemination of integrated plume 

10 models are assessed during exercises administered by the 

11 Department. 

12 ‘‘(d) REVIEW.—Not later than 180 days after the 

13 date of enactment of this section, and every 2 years there14 after, the Secretary shall review the process for providing 

15 integrated plume models developed under this section to 

16 ensure that the integrated plume models— 

17 ‘‘(1) are clear and informative; 

18 ‘‘(2) meet the needs of incident commanders; 

19 and 

20 ‘‘(3) incorporate lessons learned during exer21 cises administered by the Department.’’. 

22 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

23 The table of contents in section 1(b) of the Homeland Se24 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 


emcdonald on DSK5VPTVN1PROD with BILLS
135 

•S 1546 IS

1 inserting after the item relating to section 317 the fol2 lowing: 

‘‘Sec. 318. Plume modeling.’’. 

3 SEC. 415. IDENTIFICATION OF DISASTER MANAGEMENT RE4 SOURCES. 

5 Section 1105(a)(35) of title 31, United States Code, 

6 is amended by adding at the end the following: 

7 ‘‘(D) In implementing this paragraph, the 

8 President shall include in each budget a description 

9 of resources identified to support the preparedness, 

10 response, and recovery responsibilities of each Fed11 eral agency with responsibilities under the National 

12 Response Framework and the National Disaster Re13 covery Framework.’’. 

14 SEC. 416. ANTIFRAUD TRAINING. 

15 Section 698 of the Post-Katrina Emergency Manage16 ment Reform Act of 2006 (6 U.S.C. 797) is amended— 

17 (1) by striking ‘‘The Administrator’’ and insert18 ing the following: 

19 ‘‘(a) IN GENERAL.—The Administrator’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(b) REPORTING.—For the fiscal year in which this 

22 subsection is enacted, and each fiscal year thereafter for 

23 5 fiscal years, the Administrator shall submit to Com24 mittee on Homeland Security and Governmental Affairs 

25 of the Senate and the Committee on Homeland Security 


emcdonald on DSK5VPTVN1PROD with BILLS
136 

•S 1546 IS

1 and the Committee on Transportation and Infrastructure 

2 of the House of Representatives a report identifying the 

3 number of employees of the Agency and contractors 

4 trained under the program developed under subsection 

5 (a).’’. 

6 SEC. 417. INFORMATION TECHNOLOGY. 

7 (a) DEFINITIONS.—In this section— 

8 (1) the term ‘‘Administrator’’ means the Ad9 ministrator of the Federal Emergency Management 

10 Agency; and 

11 (2) the term ‘‘covered information technology 

12 purchase’’ means a purchase of information tech13 nology for an amount greater than a threshold 

14 amount, which the Administrator shall establish. 

15 (b) POLICY.—Not later than 90 days after the date 

16 of enactment of this Act, the Administrator shall imple17 ment a policy requiring the Chief Information Officer of 

18 the Federal Emergency Management Agency to approve 

19 a covered information technology purchase before the Fed20 eral Emergency Management Agency may make the cov21 ered information technology purchase. 

22 (c) REPORTING.—Not later than 1 year after the date 

23 of enactment of this Act, and every year thereafter until 

24 the date that is 5 year after the date of enactment of this 

25 Act, the Administrator shall submit to the Committee on 


emcdonald on DSK5VPTVN1PROD with BILLS
137 

•S 1546 IS

1 Homeland Security and Governmental Affairs of the Sen2 ate and the Committee on Transportation and Infrastruc3 ture of the House of Representatives a report on the im4 plementation of the policy described in subsection (b), 

5 which shall include a list of any covered information tech6 nology purchases made by the Federal Emergency Man7 agement Agency in violation of the policy during the pe8 riod covered by the report. 

9 SEC. 418. METROPOLITAN MEDICAL RESPONSE SYSTEM. 

10 (a) DEFINITION.—Section 2001 of the Homeland Se11 curity Act of 2002 (6 U.S.C. 601) is amended— 

12 (1) by redesignating paragraphs (8) through 

13 (14) as paragraphs (9) through (15), respectively; 

14 and 

15 (2) by inserting after paragraph (7) the fol16 lowing: 

17 ‘‘(8) MASS CASUALTY INCIDENT.—The term 

18 ‘mass casualty incident’ means any natural disaster, 

19 act of terrorism, or other man-made disaster, includ20 ing a disease epidemic, that results in significant 

21 numbers of injuries or deaths and to which the re22 sponse has the potential to overwhelm routine emer23 gency medical services.’’. 


emcdonald on DSK5VPTVN1PROD with BILLS
138 

•S 1546 IS

1 (b) AUTHORIZATION.—Subtitle C of title XX of the 

2 Homeland Security Act of 2002, as added by section 408, 

3 is amended by adding at the end the following: 

4 ‘‘SEC. 2042. METROPOLITAN MEDICAL RESPONSE SYSTEM. 

5 ‘‘(a) IN GENERAL.—There is in the Department a 

6 Metropolitan Medical Response System. 

7 ‘‘(b) PURPOSE.—The purpose of the Metropolitan 

8 Medical Response System shall be to support States, local 

9 governments, and Indian tribes in preparing for, pro10 tecting against, and responding to mass casualty incidents 

11 by systematically enhancing cooperation and integration 

12 of emergency response providers and public health and 

13 medical personnel. 

14 ‘‘(c) METROPOLITAN MEDICAL RESPONSE SYSTEM

15 MANAGEMENT.—In coordination with the Chief Medical 

16 Officer, the Administrator shall— 

17 ‘‘(1) establish objectives and a strategy for the 

18 Metropolitan Medical Response System, consistent 

19 with the National Response Framework and Na20 tional Incident Management System; 

21 ‘‘(2) develop and oversee standards, plans, 

22 training, and exercises; and 

23 ‘‘(3) provide technical assistance to States, local 

24 governments, and Indian tribes in preparing for, 


emcdonald on DSK5VPTVN1PROD with BILLS
139 

•S 1546 IS

1 protecting against, and responding to mass casualty 

2 incidents. 

3 ‘‘(d) FINANCIAL ASSISTANCE.— 

4 ‘‘(1) AUTHORIZATION OF GRANTS.— 

5 ‘‘(A) IN GENERAL.—The Secretary, acting 

6 through the Administrator, may make grants 

7 under this section to States, local governments, 

8 and Indian tribes to assist in preparing for, 

9 protecting against, and responding to mass cas10 ualty incidents. 

11 ‘‘(B) CONSULTATION.—In developing guid12 ance for grants authorized under this section, 

13 the Administrator shall consult with the Chief 

14 Medical Officer. 

15 ‘‘(2) USE OF FUNDS.—A grant made under this 

16 section may be used in support of public health and 

17 medical preparedness for mass casualty incidents 

18 through the integration of emergency response pro19 viders and public health and medical personnel, in20 cluding— 

21 ‘‘(A) medical surge capacity; 

22 ‘‘(B) mass prophylaxis; 

23 ‘‘(C) chemical, biological, radiological, nu24 clear, and explosive detection, response, and de25 contamination capabilities; 


emcdonald on DSK5VPTVN1PROD with BILLS
140 

•S 1546 IS

1 ‘‘(D) mass triage and pre-hospital treat2 ment plans and capabilities; 

3 ‘‘(E) planning; 

4 ‘‘(F) information sharing and collaboration 

5 capabilities of State, local, and tribal govern6 ments and Federal response entities and re7 gional areas; 

8 ‘‘(G) medicinal stockpiling, management, 

9 distribution, and dispensing; 

10 ‘‘(H) fatality management; 

11 ‘‘(I) training and exercises; 

12 ‘‘(J) integration and coordination of the 

13 activities and capabilities of public health per14 sonnel and medical care providers with those of 

15 other emergency response providers as well as 

16 private sector and nonprofit organizations; and 

17 ‘‘(K) any other activities as the Adminis18 trator may provide. 

19 ‘‘(3) ELIGIBILITY.— 

20 ‘‘(A) IN GENERAL.—The Administrator, in 

21 consultation with the Chief Medical Officer, 

22 shall establish criteria for determining whether 

23 a State, local government, or Indian tribe may 

24 be awarded a grant under this subsection. 


emcdonald on DSK5VPTVN1PROD with BILLS
141 

•S 1546 IS

1 ‘‘(B) LIMITATIONS.—In determining which 

2 States, local governments, and Indian tribes 

3 shall be awarded grants under this subsection, 

4 the Administrator shall ensure that— 

5 ‘‘(i) not less than 1 jurisdiction in 

6 each State is awarded a grant; and 

7 ‘‘(ii) the total number of jurisdictions 

8 awarded grants does not exceed the num9 ber of jurisdictions awarded grants under 

10 the Metropolitan Medical Response Pro11 gram under section 635 of the Post12 Katrina Emergency Management Reform 

13 Act of 2006 (6 U.S.C. 723) in fiscal year 

14 2010. 

15 ‘‘(C) REGIONAL COORDINATION.—The Ad16 ministrator shall ensure that each recipient of a 

17 grant under this subsection, as a condition of 

18 receiving that grant, is actively coordinating its 

19 preparedness efforts with surrounding jurisdic20 tions and with emergency response providers 

21 from all relevant disciplines, to effectively en22 hance regional preparedness. 

23 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to carry out the proVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
142 

•S 1546 IS

1 gram under this section $41,000,000 for each of fiscal 

2 years 2012 through 2014.’’. 

3 (c) PROGRAM REVIEW.— 

4 (1) IN GENERAL.—The Administrator of the 

5 Federal Emergency Management Agency and the 

6 Chief Medical Officer shall conduct a review of the 

7 Metropolitan Medical Response System authorized 

8 under section 2042 of the Homeland Security Act of 

9 2002, as added by subsection (b), including an ex10 amination of— 

11 (A) the goals and objectives of the Metro12 politan Medical Response System; 

13 (B) the extent to which the goals and ob14 jectives are being met; 

15 (C) the performance metrics that can best 

16 help assess whether the Metropolitan Medical 

17 Response System is succeeding; 

18 (D) how the Metropolitan Medical Re19 sponse System can be improved; 

20 (E) how the Metropolitan Medical Re21 sponse System can best be coordinated with 

22 other preparedness programs supported by the 

23 Department; 

24 (F) how the number of jurisdictions, the 

25 criteria to award jurisdictions, and the relative 


emcdonald on DSK5VPTVN1PROD with BILLS
143 

•S 1546 IS

1 allocation of financial assistance under the Met2 ropolitan Medical Response System should be 

3 determined; and 

4 (G) the resource requirements of the Met5 ropolitan Medical Response System. 

6 (2) REPORT.—Not later than 180 days after 

7 the date of enactment of this Act, the Administrator 

8 of the Federal Emergency Management Agency and 

9 the Chief Medical Officer shall submit a report on 

10 the results of the review under this subsection to— 

11 (A) the Committee on Homeland Security 

12 and Governmental Affairs of the Senate; and 

13 (B) the Committee on Homeland Security 

14 of the House of Representatives. 

15 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 (1) TABLE OF CONTENTS.—The table of con17 tents in section 1(b) of the Homeland Security Act 

18 of 2002 (6 U.S.C. 101 et seq.) is amended by insert19 ing after the item relating to section 2041, as added 

20 by section 408, the following: 

‘‘Sec. 2042. Metropolitan Medical Response System.’’. 

21 (2) REPEAL.—Section 635 of the Post-Katrina 

22 Management Reform Act of 2006 (6 U.S.C. 723) is 

23 repealed. 

24 (3) PROGRAM NOT AFFECTED.—Section 

25 2002(b)(5) of the Homeland Security Act of 2002 (6 


emcdonald on DSK5VPTVN1PROD with BILLS
144 

•S 1546 IS

1 U.S.C. 603(b)(5)) is amended by striking ‘‘section 

2 635 of the Post-Katrina Emergency Management 

3 Reform Act of 2006 (6 U.S.C. 723)’’ and inserting 

4 ‘‘subtitle C’’. 

5 SEC. 419. REGIONAL CATASTROPHIC GRANT PROGRAM. 

6 (a) IN GENERAL.—On and after the date of enact7 ment of this Act, the Administrator of the Federal Emer8 gency Management Agency may not award a grant under 

9 the Regional Catastrophic Preparedness Grant Program. 

10 (b) SAVINGS CLAUSE.—Any grant awarded for a fis11 cal year beginning before October 1, 2011 and any funds 

12 provided under a grant under the Regional Catastrophic 

13 Preparedness Grant Program before the date of enact14 ment of this Act shall continue and may be used under 

15 the terms and conditions of the program. 

16 (c) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to prohibit the Administrator of 

18 the Federal Emergency Management Agency from pro19 viding support and assistance to grantees under the Re20 gional Catastrophic Preparedness Grant Program, includ21 ing assistance with program implementation, through the 

22 remaining performance period of a grant awarded before 

23 the date of enactment of this Act. 


emcdonald on DSK5VPTVN1PROD with BILLS
145 

•S 1546 IS

1 SEC. 420. REPORT ON CONSOLIDATION OF GRANT PRO2 GRAMS. 

3 Not later than 180 days after the date of enactment 

4 of this Act, the Secretary shall submit to the Committee 

5 on Homeland Security and Governmental Affairs of the 

6 Senate and the Committee on Homeland Security of the 

7 House of Representatives a report on the suitability, feasi8 bility, and efficiency of consolidating grant programs ad9 ministered by the Department, other than grants awarded 

10 in conjunction with a major disaster or emergency de11 clared under the Robert T. Stafford Disaster Relief and 

12 Emergency Assistance Act (42 U.S.C. 5121 et seq.). 

13 TITLE V—BORDER SECURITY 

14 SEC. 501. WORKFORCE STAFFING PLAN. 

15 (a) IN GENERAL.—Subtitle D of title IV of the 

16 Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) 

17 is amended by adding at the end the following: 

18 ‘‘SEC. 447. WORKFORCE STAFFING PLAN. 

19 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

20 date of the enactment of this section, and every 2 years 

21 thereafter through September 30, 2017, the Secretary of 

22 shall develop a workforce staffing plan that— 

23 ‘‘(1) details the optimal level of staffing re24 quired to carry out the responsibilities of U.S. Cus25 toms and Border Protection (referred to in this secVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
146 

•S 1546 IS

1 tion as ‘CBP’) and U.S. Immigration and Customs 

2 Enforcement (referred to in this section as ‘ICE’); 

3 ‘‘(2) describes the process through which CBP 

4 and ICE will make workforce allocation decisions; 

5 ‘‘(3) links CBP and ICE workforce allocation 

6 decisions to analyses of threats; and 

7 ‘‘(4) describes any coordination between CBP 

8 and ICE staffing plans to secure specific segments 

9 of the border region. 

10 ‘‘(b) SUBMISSION.—The Secretary shall submit each 

11 workforce staffing plan to the Committee on Homeland 

12 Security and Governmental Affairs of the Senate and the 

13 Committee on Homeland Security of the House of Rep14 resentatives.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 of the Homeland Security Act of 2002 (6 U.S.C. 101 et 

17 seq.) is amended by adding after the item relating to sec18 tion 446 the following: 

‘‘Sec. 447. Workforce staffing plan.’’. 

19 SEC. 502. SURGE DEPLOYMENT. 

20 (a) IN GENERAL.—Subtitle D of title IV of the 

21 Homeland Security Act of 2002 (6 U.S.C. 251 et seq.), 

22 as amended by section 501(a), is further amended by add23 ing at the end the following new section: 


emcdonald on DSK5VPTVN1PROD with BILLS
147 

•S 1546 IS

1 ‘‘SEC. 448. SURGE DEPLOYMENT. 

2 ‘‘The Commissioner of U.S. Customs and Border 

3 Protection may deploy existing surge teams to proactively 

4 respond to intelligence-related, high-risk threats or to as5 sist or augment agency operations at ports of entry in the 

6 United States during emergencies or other events that re7 quire additional staffing for a limited period of time.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 of the Homeland Security Act of 2002 (6 U.S.C. 101 et 

10 seq.), as amended by section 501(b), is further amended 

11 by adding after the item relating to section 447 the fol12 lowing: 

‘‘Sec. 448. Surge deployment.’’. 

13 SEC. 503. ENHANCED TRAINING FOR BORDER PATROL 

14 AGENTS. 

15 (a) IN GENERAL.—Subtitle D of title IV of the 

16 Homeland Security Act of 2002 (6 U.S.C. 251 et seq.), 

17 as amended by section 502(a), is further amended by add18 ing at the end the following: 

19 ‘‘SEC. 449. ENHANCED TRAINING FOR BORDER PATROL 

20 AGENTS. 

21 ‘‘(a) IN GENERAL.—The Secretary shall review and, 

22 to the extent necessary, revise the field training provided 

23 to Border Patrol agents to ensure that Border Patrol 

24 agents are adequately prepared to deal with the specific 

25 challenges posed by the station to which they are assigned. 


emcdonald on DSK5VPTVN1PROD with BILLS
148 

•S 1546 IS

1 ‘‘(b) TRAINING COMPONENTS.—Training described 

2 in subsection (a) should include— 

3 ‘‘(1) a station-specific threat analysis that in4 forms Border Patrol agents of the enforcement pri5 orities in the station to which they are assigned; 

6 ‘‘(2) a station-specific enforcement plan that 

7 sets out how Border Patrol agents will be deployed 

8 to meet those threats; 

9 ‘‘(3) border- and region-specific survival train10 ing to acclimate Border Patrol agents for operating 

11 in extreme weather and environmental conditions, 

12 especially in emergency situations; and 

13 ‘‘(4) communications training to ensure that 

14 Border Patrol agents are effectively and respectfully 

15 communicating with the public.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 of the Homeland Security Act of 2002 (6 U.S.C. 101 et 

18 seq.), as amended by section 502(b), is further amended 

19 by adding after the item relating to section 448 the fol20 lowing: 

‘‘Sec. 449. Enhance training for Border Patrol agents.’’. 

21 SEC. 504. OUTBOUND INSPECTIONS. 

22 (a) IN GENERAL.—Not later than 2 years after the 

23 date of the enactment of this Act, the Secretary of Home24 land Security shall ensure that U.S. Customs and Border 


emcdonald on DSK5VPTVN1PROD with BILLS
149 

•S 1546 IS

1 Protection has instituted an outbound inspections pro2 gram at land, air, and maritime ports of entry. 

3 (b) PROGRAM COMPONENTS.—In executing the out4 bound inspections program under this section, the Sec5 retary shall leverage existing resources and capabilities 

6 within the Department to— 

7 (1) ensure that risk-based outbound inspections 

8 are routinely conducted; 

9 (2) provide for the inspections to conducted in 

10 a safe and efficient manner; 

11 (3) direct appropriate resources to areas that 

12 demonstrate a higher risk of outbound violations; 

13 (4) include a strategy for mitigating efforts by 

14 smuggling organizations to circumvent outbound in15 spections; and 

16 (5) collect information concerning aliens exiting 

17 the United States, pursuant to section 110 of divi18 sion C of the Omnibus Consolidated Appropriations 

19 Act, 1997 (8 U.S.C. 1365a). 

20 (c) WAIT TIMES.—The Secretary shall ensure that 

21 outbound inspections carried out under this subsection do 

22 not add significantly to wait times for crossing the border. 

23 SEC. 505. SITUATIONAL AWARENESS OF THE NORTHERN 

24 BORDER. 

25 (a) DEFINITIONS.—In this section: 


emcdonald on DSK5VPTVN1PROD with BILLS
150 

•S 1546 IS

1 (1) NORTHERN BORDER.—The term ‘‘northern 

2 border’’ means the land and maritime border be3 tween the United States and Canada. 

4 (2) SITUATIONAL AWARENESS.—The term ‘‘sit5 uational awareness’’ means the perception of activity 

6 at and between land, maritime, and air ports of 

7 entry into the United States. 

8 (b) PLAN.—Not later than 180 days after the date 

9 of the enactment of this Act, the Secretary of Homeland 

10 Security shall submit to the Committee on Homeland Se11 curity and Governmental Affairs of the Senate and the 

12 Committee on Homeland Security of the House of Rep13 resentatives a plan for improving situational awareness 

14 over the northern border, including U.S. Customs and 

15 Border Protection’s ability to identify illegal entries. 

16 (c) PLAN CONTENTS.—The plan developed under 

17 subsection (b) shall include— 

18 (1) an assessment of the assets or technologies 

19 currently deployed on the northern border; 

20 (2) a description of other assets or technologies 

21 that are needed to improve situational awareness 

22 over the northern border, including the ability to de23 tect low-flying aircraft and suspicious small boat 

24 traffic; 


emcdonald on DSK5VPTVN1PROD with BILLS
151 

•S 1546 IS

1 (3) steps that will be taken to increase informa2 tion sharing and coordination among law enforce3 ment agencies operating along the northern border; 

4 and 

5 (4) a description of how the Department of 

6 Homeland Security will coordinate with Federal, 

7 State, and local law enforcement and the Govern8 ment of Canada to improve the detection of illegal 

9 entries across the northern border. 

10 SEC. 506. OFFICE OF INTERNATIONAL TRAVEL SECURITY 

11 AND SCREENING. 

12 (a) AMENDMENTS.— 

13 (1) IN GENERAL.—Subtitle C of title IV of the 

14 Homeland Security Act of 2002 (8 U.S.C. 231), as 

15 amended by section 214(a) of this Act, is amended 

16 by adding at the end the following: 

17 ‘‘SEC. 431. OFFICE OF INTERNATIONAL TRAVEL SECURITY 

18 AND SCREENING. 

19 ‘‘(a) ESTABLISHMENT.—There is established within 

20 the Department an Office of International Travel Security 

21 and Screening, which shall be headed by the Assistant 

22 Secretary for International Travel Security and Screening 

23 (referred to in this section as the ‘Assistant Secretary’), 

24 who shall be appointed by the President. 


emcdonald on DSK5VPTVN1PROD with BILLS
152 

•S 1546 IS

1 ‘‘(b) RESPONSIBILITIES OF THE ASSISTANT SEC2 RETARY.—The Assistant Secretary shall— 

3 ‘‘(1) have primary responsibility for— 

4 ‘‘(A) the integrated entry and exit data 

5 system commonly known as ‘US–VISIT’, which 

6 was authorized under section 110 of Illegal Im7 migration Reform and Immigrant Responsibility 

8 Act of 1996 (8 U.S.C. 1365a); 

9 ‘‘(B) the visa waiver program authorized 

10 under section 217 of the Immigration and Na11 tionality Act (8 U.S.C. 1187); and 

12 ‘‘(C) the Screening Coordination Office, 

13 which shall be transferred from the Office of 

14 Policy; 

15 ‘‘(2) coordinate activities within the Depart16 ment to identify, interdict, and prevent the travel of 

17 terrorists to the United States; and 

18 ‘‘(3) develop a strategic plan for preventing the 

19 travel of terrorists to the United States, in consulta20 tion with other relevant Federal agencies. 

21 ‘‘(c) ANNUAL VISA OVERSTAY REPORT.— 

22 ‘‘(1) IN GENERAL.—Not later than 1 year after 

23 the date of enactment of this Act and annually 

24 thereafter through 2022, the Assistant Secretary 

25 shall submit a report to the Committee on HomeVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
153 

•S 1546 IS

1 land Security and Governmental Affairs of the Sen2 ate and the Committee on Homeland Security of the 

3 House of Representatives that details data collected, 

4 in accordance with the National Institute of Stand5 ards and Technology’s protocols on statistical sig6 nificance, concerning individuals who overstayed the 

7 terms of their admission in that year, including— 

8 ‘‘(A) statistics on the nationality and visa 

9 class (including those traveling under the visa 

10 waiver program) of all individuals who over11 stayed their admission; 

12 ‘‘(B) statistics on the nationality and visa 

13 class (including those traveling under the visa 

14 waiver program) of individuals who overstayed 

15 their admission by 30 days or less, 180 days or 

16 less, 1 year or less, or for more than 1 year; 

17 and 

18 ‘‘(C) the number of individuals who over19 stayed their admission and were subsequently 

20 apprehended, left the country, or transitioned to 

21 a new visa class.’’. 

22 (2) CLERICAL AMENDMENT.—The table of con23 tents of the Homeland Security Act of 2002 (6 

24 U.S.C. 101 et seq.) is amended by striking the item 

25 relating to section 431 and inserting the following: 

‘‘Sec. 431. Office of International Travel Security and Screening.’’. 


emcdonald on DSK5VPTVN1PROD with BILLS
154 

•S 1546 IS

1 (b) REVIEW OF AUTOMATED ENTRY AND EXIT SYS2 TEM.—The Assistant Secretary for International Travel 

3 Security and Screening shall— 

4 (1) develop a plan for implementing the biomet5 ric exit system required under section 217 of the Im6 migration and Nationality Act (8 U.S.C. 1187), in7 cluding a detailed time line; and 

8 (2) conduct a review of US–VISIT— 

9 (A) to ensure that all entry and exit 

10 records for air and sea passengers are being 

11 matched to accurately identify all visa overstays 

12 in a rigorous, science-based manner that meets 

13 applicable standards for statistical significance 

14 provided by the National Institute of Standards 

15 and Technology; 

16 (B) to ensure that biographic exit data col17 lected by the outbound inspections program au18 thorized under section 504 meets applicable 

19 standards for statistical significance provided 

20 by the National Institute of Standards and 

21 Technology; 

22 (C) to determine whether biographic exit 

23 data on visa overstay rates should be used in24 stead of visa denial rates to make decisions reVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
155 

•S 1546 IS

1 garding the admittance of prospective member 

2 states into the Visa Waiver Program; and 

3 (D) to determine the feasibility of using 

4 entry data from foreign countries in order to 

5 collect exit information on individuals who de6 parted the United States; and 

7 (3) not later than 270 days after the effective 

8 date of this Act, submit the results of the review 

9 conducted under paragraph (2) and the plan devel10 oped under paragraph (1) to the Committee on 

11 Homeland Security and Governmental Affairs of the 

12 Senate and the Committee on Homeland Security of 

13 the House of Representatives. 

14 (c) PLACEMENT WITHIN THE DEPARTMENT OF

15 HOMELAND SECURITY.—Not later than 1 year after the 

16 date of the enactment of this Act, the Secretary shall de17 termine the position of the Office of International Travel 

18 Security and Screening within the Department of Home19 land Security. 

20 SEC. 507. VISA SECURITY. 

21 (a) IN GENERAL.— 

22 (1) IN GENERAL.—Subtitle D of title IV of the 

23 Homeland Security Act of 2002 (6 U.S.C. 251 et 

24 seq.), as amended by section 503(a), is further 


emcdonald on DSK5VPTVN1PROD with BILLS
156 

•S 1546 IS

1 amended by adding at the end the following new sec2 tion: 

3 ‘‘SEC. 449A. ELECTRONIC SYSTEMS FOR NOTIFICATION OF 

4 VISA DENIALS AND REVIEWING VISAS. 

5 ‘‘(a) ELECTRONIC SYSTEM FOR NOTIFYING AIR6 LINES OF VISA DENIALS.— 

7 ‘‘(1) IN GENERAL.—Not later than 1 year after 

8 the effective date of this Act, the Secretary of State, 

9 in cooperation with the Secretary, shall deploy an 

10 electronic system to notify airlines of the cancella11 tion of any traveler’s visa for entry into the United 

12 States. 

13 ‘‘(2) USE OF EXISTING SYSTEMS.—In deploying 

14 the system described in paragraph (1), the Secretary 

15 of State, in cooperation with the Secretary, shall, to 

16 the extent feasible, utilize the existing electronic pas17 senger manifest systems required under section 231 

18 of the Immigration and Nationality Act (8 U.S.C. 

19 1221) and section 44909 of title 49, United States 

20 Code, to notify airlines of a canceled visa. 

21 ‘‘(b) ELECTRONIC SYSTEM FOR REMOTELY REVIEW22 ING VISAS.— 

23 ‘‘(1) DEVELOPMENT.—The Secretary, in con24 sultation with the Secretary of State, shall develop 

25 an electronic system for remotely reviewing visa apVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
157 

•S 1546 IS

1 plications and supporting documentation at diplo2 matic and consular posts at which visas are issued. 

3 ‘‘(2) SAVINGS PROVISION.—Nothing in this sub4 section may be construed as not requiring visa secu5 rity officers to be stationed at all visa adjudicating 

6 posts that are designated as high risk by the Sec7 retary.’’. 

8 (2) CLERICAL AMENDMENT.—The table of con9 tents of the Homeland Security Act of 2002 (6 

10 U.S.C. 101 et seq.), as amended by section 503(b), 

11 is further amended by adding after the item relating 

12 to section 449 the following: 

‘‘Sec. 449A. Electronic systems for notification of visa denials and reviewing 

visas.’’. 

13 (b) ISSUANCE OF VISAS AT DESIGNATED DIPLO14 MATIC AND CONSULAR POSTS.—Section 428(i) of the 

15 Homeland Security Act of 2002 (6 U.S.C. 236(i)) is 

16 amended to read as follows: 

17 ‘‘(i) VISA ISSUANCE AT CONSULAR POSTS AND EM18 BASSIES.— 

19 ‘‘(1) STANDARD OPERATING PROCEDURES.— 

20 The Secretary of Homeland Security, in coordination 

21 with the Secretary of State, shall institute standard 

22 operating procedures for the visa security program 

23 at all consular posts. 


emcdonald on DSK5VPTVN1PROD with BILLS
158 

•S 1546 IS

1 ‘‘(2) MEDIATION.—The Secretary of Homeland 

2 Security and the Secretary of State shall create and 

3 implement a system for mediating disagreements 

4 about visa revocation decisions between visa security 

5 officers and consular officers at posts, including des6 ignating senior officials at each Department to adju7 dicate disputes. 

8 ‘‘(3) POLICY REVIEW.—The Secretary of Home9 land Security, in coordination with the Secretary of 

10 State, shall review all policies relating to the issuing 

11 of visas to ensure that all individuals associated with 

12 terrorism are denied visas to travel to the United 

13 States. 

14 ‘‘(4) SECURITY OFFICERS.—The Secretary of 

15 Homeland Security, in consultation with the Sec16 retary of State, shall develop a plan for deploying 

17 visa security officers to all consular posts determined 

18 to be high-risk by the Secretary.’’. 

19 (c) CLARIFYING CONGRESSIONAL INTENT IN THE

20 HOMELAND SECURITY ACT OF 2002.—Section 428(e)(6) 

21 of the Homeland Security Act of 2002 (6 U.S.C. 

22 236(e)(6)) is amended to read as follows: 

23 ‘‘(6) TRAINING AND HIRING.— 

24 ‘‘(A) TRAINING.—The Secretary of Home25 land Security shall require all employees of the 


emcdonald on DSK5VPTVN1PROD with BILLS
159 

•S 1546 IS

1 Department assigned to perform functions de2 scribed in paragraph (2), in advance of their 

3 deployments— 

4 ‘‘(i) to obtain training on the day-to5 day operations of a consular post at the 

6 National Foreign Affairs Training Center, 

7 on a reimbursable basis; 

8 ‘‘(ii) to receive training in the foreign 

9 language of the post at which they will be 

10 assigned, unless they are already proficient 

11 in the foreign language; 

12 ‘‘(iii) to receive a course in interview 

13 and fraud detection techniques; and 

14 ‘‘(iv) to be stationed, to the extent 

15 feasible, for a minimum of 3 years in a 

16 post. 

17 ‘‘(B) PROMOTION PREFERENCES.—The 

18 Secretary of Homeland Security shall ensure 

19 that employees of the Department assigned to 

20 perform functions described in subparagraph 

21 (A) be given preference in promotions and in 

22 subsequent postings if they meet the minimum 

23 standards set by the Secretary for their per24 formance.’’. 


emcdonald on DSK5VPTVN1PROD with BILLS
160 

•S 1546 IS

1 SEC. 508. REPORT ON BORDER SECURITY TASK FORCES 

2 AND DRUG INTELLIGENCE CENTERS. 

3 (a) IN GENERAL.—Not later than 270 days after the 

4 date of the enactment of this Act, the Comptroller General 

5 of the United States shall— 

6 (1) conduct a study on interagency border secu7 rity task forces and drug intelligence and informa8 tion sharing centers; and 

9 (2) submit a report containing the results of 

10 the study conducted under paragraph (1) to the 

11 Committee on Homeland Security and Governmental 

12 Affairs of the Senate and the Committee on Home13 land Security of the House of Representatives. 

14 (b) CONTENTS.—The report submitted under sub15 section (a) shall— 

16 (1) detail— 

17 (A) the number of information sharing and 

18 intelligence centers that address counter19 narcotics; and 

20 (B) the level and source of Federal funding 

21 for such centers; 

22 (2) detail— 

23 (A) the number of border-security-focused 

24 task forces that address human smuggling and 

25 counter terrorism activities; and 


emcdonald on DSK5VPTVN1PROD with BILLS
161 

•S 1546 IS

1 (B) the level and source of Federal funding 

2 for such task forces; 

3 (3) evaluate— 

4 (A) the missions and functions of informa5 tion sharing and intelligence centers and inter6 agency border security task forces; 

7 (B) the extent to which such centers and 

8 task forces are distinct or duplicative; and 

9 (C) whether there are any opportunities for 

10 consolidation or cost efficiencies; and 

11 (4) analyze the views of selected entities that 

12 use information and products from such centers and 

13 task forces on— 

14 (A) the benefits provided by such centers 

15 and task forces; 

16 (B) the weaknesses in operations and focus 

17 areas of in such centers and task forces; and 

18 (C) any solutions or improvements from 

19 which such centers and task forces could ben20 efit. 


emcdonald on DSK5VPTVN1PROD with BILLS
162 

•S 1546 IS

1 TITLE VI—INTELLIGENCE AND 

2 INFORMATION-SHARING PRO3 VISIONS 

4 SEC. 601. AUTHORIZATION OF INTELLIGENCE ACTIVITIES. 

5 (a) IN GENERAL.—Funds authorized or made avail6 able for intelligence activities of the Department are 

7 deemed to be specifically authorized by the Congress for 

8 purposes of section 504 of the National Security Act of 

9 1947 (50 U.S.C. 414) during fiscal year 2012. 

10 (b) RULE OF CONSTRUCTION.—The authorization 

11 under this Act for intelligence activities of the Department 

12 shall not be deemed to constitute authority for the conduct 

13 of any intelligence activity which is not otherwise author14 ized by the Constitution or the laws of the United States. 

15 SEC. 602. CLASSIFIED NATIONAL SECURITY INFORMATION 

16 PROGRAM FOR STATES, LOCAL GOVERN17 MENTS, INDIAN TRIBES, AND PRIVATE SEC18 TOR ENTITIES. 

19 (a) IN GENERAL.—Subtitle A of title II of the Home20 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend21 ed by adding at the end the following: 


emcdonald on DSK5VPTVN1PROD with BILLS
163 

•S 1546 IS

1 ‘‘SEC. 210G. CLASSIFIED NATIONAL SECURITY INFORMA2 TION PROGRAM FOR STATES, LOCAL GOV3 ERNMENTS, INDIAN TRIBES, AND PRIVATE 

4 SECTOR ENTITIES. 

5 ‘‘(a) DEFINITIONS.—In this section— 

6 ‘‘(1) the term ‘classified information’ means in7 formation that is classified or classifiable under Ex8 ecutive Order 13526 (75 Fed. Reg. 707) or any suc9 cessor thereto; and 

10 ‘‘(2) the term ‘Program’ means the Classified 

11 National Security Information Program established 

12 under subsection (b). 

13 ‘‘(b) ESTABLISHMENT.—There is established a Clas14 sified National Security Information Program, which shall 

15 be designed to safeguard and govern access to classified 

16 information shared by the Federal Government with 

17 States, local governments, Indian tribes, and private sec18 tor entities. 

19 ‘‘(c) RESPONSIBILITIES OF THE SECRETARY.—The 

20 Secretary shall manage the Program and be responsible 

21 for— 

22 ‘‘(1) oversight of the Program; 

23 ‘‘(2) accreditation, periodic inspection, and 

24 monitoring of all facilities where classified informa25 tion is used or store that are owned or operated by 

26 a State, local government, or Indian tribe, unless 


emcdonald on DSK5VPTVN1PROD with BILLS
164 

•S 1546 IS

1 there is an agreement in effect between another ex2 ecutive agency and the Secretary to perform some or 

3 all of these functions; 

4 ‘‘(3) upon request by the head of an executive 

5 agency, processing an application for a security 

6 clearance for an employee of a State, local govern7 ment, Indian tribe, or private entity, which shall be 

8 processed on a reimbursable basis unless determined 

9 otherwise by the Secretary and the head of the exec10 utive agency making the request; 

11 ‘‘(4) in consultation with the Director of the 

12 Office of Personnel Management, the Secretary of 

13 Defense, and the Director of National Intelligence, 

14 documenting and tracking the final status of all ap15 plications for a security clearance for an employee of 

16 a State, local government, Indian tribe, or private 

17 entity; 

18 ‘‘(5) developing and maintaining a security pro19 file of facilities owned or operated by a State, local 

20 government, or Indian tribe that have access to clas21 sified information; 

22 ‘‘(6) developing training for all employees of a 

23 State, local government, Indian tribe, or private en24 tity who have been determined eligible for access to 

25 classified information, which shall address the propVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
165 

•S 1546 IS

1 er safeguarding of classified information and sanc2 tions for unauthorized disclosure of classified infor3 mation; and 

4 ‘‘(7) any other responsibilities provided to the 

5 Secretary by the President. 

6 ‘‘(d) ANNUAL REPORT.— 

7 ‘‘(1) IN GENERAL.—Not later than December 

8 31, 2012, and every year thereafter until December 

9 31, 2024, the Secretary shall submit to the Com10 mittee on Homeland Security and Governmental Af11 fairs of the Senate and the Committee on Homeland 

12 Security of the House of Representatives a report of 

13 the activities of the Department under Executive 

14 Order 13549, or any successor thereto, and this sec15 tion. 

16 ‘‘(2) REQUIREMENTS OF ANNUAL REPORT.— 

17 Each annual report under paragraph (1) shall in18 clude— 

19 ‘‘(A) a general description of the progress 

20 made in satisfying the requirements under this 

21 section and under Executive Order 13549, or 

22 any successor thereto; 

23 ‘‘(B) a description of funds expended by 

24 the Department to carry this section and to 


emcdonald on DSK5VPTVN1PROD with BILLS
166 

•S 1546 IS

1 carry out Executive Order 13549, or any suc2 cessor thereto; 

3 ‘‘(C) annual statistical information on the 

4 Program, including— 

5 ‘‘(i) the number of employees of a 

6 State, local government, Indian tribe, or 

7 private entity for whom an application for 

8 a security clearance was submitted to the 

9 Federal Government; 

10 ‘‘(ii) the number of security clearance 

11 applications processed under the Program; 

12 and 

13 ‘‘(iii) the number of facilities de14 scribed in subsection (c)(2); 

15 ‘‘(D) a description of the training carried 

16 out under the Program; 

17 ‘‘(E) information regarding performance 

18 measures under the Program; 

19 ‘‘(F) an assessment of whether executive 

20 agencies are complying with the security clear21 ance reciprocity requirement under section 

22 1.3(c) of Executive Order 13549, or any suc23 cessor thereto; 

24 ‘‘(G) information relating to the inspection 

25 and monitoring of facilities described in subVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
167 

•S 1546 IS

1 section (c)(2), including information on security 

2 violations discovered as a result of the inspec3 tion and monitoring; and 

4 ‘‘(H) an assessment of any counterintel5 ligence threats and risks associated with the 

6 Program. 

7 ‘‘(3) CONSISTENCY.—To the extent possible, 

8 each report submitted under paragraph (1) shall be 

9 consistent in the collection and analysis of relevant 

10 statistical information and the use of performance 

11 measures. 

12 ‘‘(4) CLASSIFICATION.—Each report submitted 

13 under paragraph (1) shall be in unclassified form, 

14 but may include a classified annex. 

15 ‘‘(e) REPORT ON SECURITY CLEARANCE

16 VERIFICATION PROCESSES.— 

17 ‘‘(1) IN GENERAL.—Not later than 1 year after 

18 the date of enactment of this section, the Secretary, 

19 in coordination with the Secretary of Defense, the 

20 Director of National Intelligence, and the Director 

21 of the Office of Personnel Management, shall submit 

22 to Congress a report on the activities conducted by 

23 the Federal Government to support the efficient 

24 management and verification of security clearances, 


emcdonald on DSK5VPTVN1PROD with BILLS
168 

•S 1546 IS

1 including by employees of States, local governments, 

2 Indian tribes, and private sector entities.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

4 The table of contents under section 1(b) of the Homeland 

5 Security Act of 2002 (6 U.S.C. 101(b)) is amended by 

6 inserting after the item relating to section 210F the fol7 lowing: 

‘‘Sec. 210G. Classified National Security Information Program for States, local 

governments, Indian tribes, and private sector entities.’’. 

8 SEC. 603. FLEXIBLE PERSONNEL MANAGEMENT AT THE OF9 FICE OF INTELLIGENCE AND ANALYSIS. 

10 (a) IN GENERAL.—The Homeland Security Act of 

11 2002 (6 U.S.C. 101 et seq.) is amended by inserting after 

12 section 845 the following: 

13 ‘‘SEC. 846. AUTHORITY FOR FLEXIBLE PERSONNEL MAN14 AGEMENT AT THE OFFICE OF INTELLIGENCE 

15 AND ANALYSIS. 

16 ‘‘(a) AUTHORITY TO ESTABLISH POSITIONS IN EX17 CEPTED SERVICE.— 

18 ‘‘(1) IN GENERAL.—With the concurrence of 

19 the Director of National Intelligence and in coordi20 nation with the Director of the Office of Personnel 

21 Management, the Secretary may— 

22 ‘‘(A) convert competitive service positions, 

23 and the incumbents of such positions, within 

24 the Office of Intelligence and Analysis to exVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
169 

•S 1546 IS

1 cepted service positions as the Secretary deter2 mines necessary to carry out the intelligence 

3 functions of the Department; and 

4 ‘‘(B) establish new positions within the Of5 fice of Intelligence and Analysis in the excepted 

6 service, if the Secretary determines such posi7 tions are necessary to carry out the intelligence 

8 functions of the Department. 

9 ‘‘(2) CLASSIFICATION AND PAY RANGES.—In 

10 coordination with the Director of National Intel11 ligence, the Secretary may establish the classifica12 tion and ranges of rates of basic pay for any posi13 tion converted under paragraph (1)(A) or estab14 lished under paragraph (1)(B), notwithstanding oth15 erwise applicable laws governing the classification 

16 and rates of basic pay for such positions. 

17 ‘‘(3) APPOINTMENT AND COMPENSATION.—The 

18 Secretary may appoint individuals for service in po19 sitions converted under paragraph (1)(A) or estab20 lished under paragraph (1)(B) without regard to the 

21 provisions of chapter 33 of title 5, United States 

22 Code, governing appointments in the competitive 

23 service, and to fix the compensation of such individ24 uals within the applicable ranges of rates of basic 

25 pay established under paragraph (2). 


emcdonald on DSK5VPTVN1PROD with BILLS
170 

•S 1546 IS

1 ‘‘(4) MAXIMUM RATE OF BASIC PAY.—The max2 imum rate of basic pay the Secretary may establish 

3 under this subsection is the rate for level III of the 

4 Executive Schedule under section 5314 of title 5, 

5 United States Code. 

6 ‘‘(b) EXTENSION OF FLEXIBLE PERSONNEL MAN7 AGEMENT AUTHORITIES.— 

8 ‘‘(1) DEFINITIONS.—In this subsection— 

9 ‘‘(A) the term ‘compensation authority’— 

10 ‘‘(i) means authority involving basic 

11 pay (including position classification), pre12 mium pay, awards, bonuses, incentives, al13 lowances, differentials, student loan repay14 ments, and special payments; and 

15 ‘‘(ii) shall not include— 

16 ‘‘(I) authorities relating to bene17 fits such as leave, severance pay, re18 tirement, and insurance; 

19 ‘‘(II) authority to grant a rank 

20 award by the President under section 

21 4507, 4507a, or 3151(c) of title 5, 

22 United States Code, or any other pro23 vision of law; or 

24 ‘‘(III) compensation authorities 

25 and performance management auVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
171 

•S 1546 IS

1 thorities provided under provisions of 

2 law relating to the Senior Executive 

3 Service; and 

4 ‘‘(B) the term ‘intelligence community’ has 

5 the meaning given under section 3(4) of the 

6 National Security Act of 1947 (50 U.S.C. 

7 401a(4)). 

8 ‘‘(2) IN GENERAL.—Notwithstanding any other 

9 provision of law, in order to ensure the equitable 

10 treatment of employees across the intelligence com11 munity, the Secretary, with the concurrence of the 

12 Director of National Intelligence, or for those mat13 ters that fall under the responsibilities of the Office 

14 of Personnel Management under statute or executive 

15 order, in coordination with the Director of the Office 

16 of Personnel Management, may authorize the Office 

17 of Intelligence and Analysis to adopt compensation 

18 authority, performance management authority, and 

19 scholarship authority that have been authorized for 

20 another element of the intelligence community if the 

21 Secretary and the Director of National Intel22 ligence— 

23 ‘‘(A) determine that the adoption of that 

24 authority would improve the management and 

25 performance of the intelligence community; and 


emcdonald on DSK5VPTVN1PROD with BILLS
172 

•S 1546 IS

1 ‘‘(B) not later than 60 days before that 

2 authority is to take effect, submit notice of the 

3 adoption of that authority by the Office of In4 telligence and Analysis, including the authority 

5 to be so adopted, and an estimate of the costs 

6 associated with the adoption of that authority 

7 to— 

8 ‘‘(i) the Committee on Homeland Se9 curity and Governmental Affairs of the 

10 Senate and the Select Committee on Intel11 ligence of the Senate; and 

12 ‘‘(ii) the Committee on Homeland Se13 curity of the House of Representatives and 

14 the Permanent Select Committee on Intel15 ligence of the House of Representatives. 

16 ‘‘(3) EQUIVALENT APPLICATION OF COMPENSA17 TION AUTHORITY.—To the extent that a compensa18 tion authority within the intelligence community is 

19 limited to a particular category of employees or a 

20 particular situation, the authority may be adopted 

21 by the Office of Intelligence and Analysis under this 

22 subsection only for employees in an equivalent cat23 egory or in an equivalent situation.’’. 

24 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

25 The table of contents in section 1(b) of the Homeland SeVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
173 

•S 1546 IS

1 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

2 inserting after the item relating to section 845 the fol3 lowing: 

‘‘Sec. 846. Authority for flexible personnel management at the Office of Intelligence and Analysis.’’. 

4 SEC. 604. UNDER SECRETARY FOR INTELLIGENCE AND 

5 ANALYSIS TECHNICAL CORRECTION. 

6 Section 103(a) of the Homeland Security Act of 2002 

7 (6 U.S.C. 113(a)) is amended— 

8 (1) by redesignating paragraphs (9) and (10) 

9 as paragraphs (10) and (11), respectively; and 

10 (2) by inserting after paragraph (8) the fol11 lowing: 

12 ‘‘(9) An Under Secretary for Intelligence and 

13 Analysis.’’. 

14 TITLE VII—SCIENCE AND 

15 TECHNOLOGY PROVISIONS 

16 SEC. 701. DIRECTORATE OF SCIENCE AND TECHNOLOGY. 

17 (a) IN GENERAL.— 

18 (1) DIRECTORATE.—Title III of the Homeland 

19 Security Act of 2002 (6 U.S.C. 181 et seq.), is 

20 amended by striking section 301 and inserting the 

21 following: 


emcdonald on DSK5VPTVN1PROD with BILLS
174 

•S 1546 IS

1 ‘‘SEC. 301. DIRECTORATE OF SCIENCE AND TECHNOLOGY. 

2 ‘‘(a) IN GENERAL.—There shall be in the Depart3 ment a Directorate of Science Technology headed by an 

4 Under Secretary for Science and Technology. 

5 ‘‘(b) RESPONSIBILITIES.—The Directorate of Science 

6 and Technology shall serve as the primary research, devel7 opment, testing, and evaluation agency in the Depart8 ment.’’. 

9 (2) TECHNICAL AND CONFORMING AMEND10 MENT.—The table of contents in section 1(b) of the 

11 Homeland Security Act of 2002 (6 U.S.C. 101 et 

12 seq.) is amended by striking the item relating to sec13 tion 301 and inserting the following: 

‘‘Sec. 301. Directorate of Science and Technology.’’. 

14 (b) RESPONSIBILITIES AND AUTHORITIES.—Section 

15 302 of the Homeland Security Act of 2002 (6 U.S.C. 182) 

16 is amended— 

17 (1) in paragraph (5)(A), by striking the second 

18 comma after ‘‘biological’’ and inserting ‘‘radiological, 

19 nuclear,’’; 

20 (2) in paragraph (12), by inserting ‘‘, including 

21 conducting strategic planning and providing tech22 nical assistance for such activities within the De23 partment’’ after ‘‘activities of the Department’’; 

24 (3) in paragraph (13), by striking ‘‘and’’ at the 

25 end; 


emcdonald on DSK5VPTVN1PROD with BILLS
175 

•S 1546 IS

1 (4) in paragraph (14), by striking the period 

2 and inserting ‘‘; and’’; and 

3 (5) by adding after paragraph (14) the fol4 lowing: 

5 ‘‘(15) supporting the acquisition of technologies 

6 and systems by the Department by providing— 

7 ‘‘(A) the Secretary with independent as8 sessments; and 

9 ‘‘(B) technical assistance within the De10 partment for development, testing and evalua11 tion; 

12 ‘‘(16) conducting strategic planning within the 

13 Department for basic, advanced and applied re14 search and development; and 

15 ‘‘(17) providing technical assistance within the 

16 Department for the development, testing, evaluation 

17 and acquisition of technologies.’’. 

18 (c) HOMELAND SECURITY ADVANCED RESEARCH

19 PROJECTS.—Section 307(b)(3)(B) of the Homeland Secu20 rity Act of 2002 (6 U.S.C. 187(b)(3)(B)) is amended by 

21 inserting ‘‘to strengthen border and maritime security, 

22 cyber security, aviation security, transportation security, 

23 catastrophic response and recovery capabilities, and other 

24 homeland security missions’’ after ‘‘technologies’’. 


emcdonald on DSK5VPTVN1PROD with BILLS
176 

•S 1546 IS

1 SEC. 702. DIRECTOR OF TESTING AND EVALUATION. 

2 Section 308 of the Homeland Security Act of 2002 

3 (6 U.S.C. 188) is amended by adding at the end the fol4 lowing: 

5 ‘‘(d) DIRECTOR OF TESTING AND EVALUATION.— 

6 ‘‘(1) DEFINITION.—In this subsection, the term 

7 ‘operational testing and evaluation activity’ means— 

8 ‘‘(A) any field test, under realistic condi9 tions, of technologies, equipment, or systems for 

10 the purpose of determining the performance, ef11 fectiveness and operational suitability of the 

12 technologies, equipment, or systems for use by 

13 the Department; and 

14 ‘‘(B) the evaluation of the results of such 

15 tests against established operational require16 ments. 

17 ‘‘(2) ESTABLISHMENT.—There is established in 

18 the Directorate of Science and Technology a Direc19 tor of Testing and Evaluation. 

20 ‘‘(3) RESPONSIBILITIES, AUTHORITIES, AND

21 FUNCTIONS.— 

22 ‘‘(A) PRINCIPLE ADVISER.—The Director 

23 of Testing and Evaluation is the principal ad24 viser to the Under Secretary for Science and 

25 Technology for all testing and evaluation, inVerDate Mar 15 2010 23:26 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\S1546.IS S1546

emcdonald on DSK5VPTVN1PROD with BILLS
177 

•S 1546 IS

1 cluding operational testing and evaluation ac2 tivities in the Department. 

3 ‘‘(B) OTHER RESPONSIBILITIES, AUTHORI4 TIES, AND FUNCTIONS.—The Director of Test5 ing and Evaluation shall— 

6 ‘‘(i) establish testing and evaluation 

7 policies, procedures, standards and prac8 tices for the Department; 

9 ‘‘(ii) monitor and review all oper10 ational testing and evaluation activities 

11 within the Department; 

12 ‘‘(iii) provide support to the Acquisi13 tion Review Board, established under sec14 tion 836, including by preparing a Letter 

15 of Assessment for any investment reviewed 

16 by the Acquisition Review Board, that sets 

17 forth an assessment of the technology and 

18 the testing and evaluation activity. 

19 ‘‘(C) ACCESS TO INFORMATION.—The Di20 rector of Testing and Evaluation— 

21 ‘‘(i) shall have access to all acquisition 

22 records and data within the Department 

23 that the Director determines are necessary 

24 to carry out the duties authorized under 

25 this subsection; 


emcdonald on DSK5VPTVN1PROD with BILLS
178 

•S 1546 IS

1 ‘‘(ii) may designate observers to be 

2 present during the preparation for, and the 

3 execution of, any operational testing and 

4 evaluation activity within the Department; 

5 and 

6 ‘‘(iii) shall have prompt access to the 

7 results of any operational testing and eval8 uation activity.’’. 

9 SEC. 703. FIVE-YEAR RESEARCH AND DEVELOPMENT IN10 VESTMENT PLAN; TECHNOLOGY READINESS 

11 ASSESSMENT PROCESS; AND AVAILABILITY 

12 OF TESTING FACILITIES AND EQUIPMENT. 

13 Title III of the Homeland Security Act of 2002 (6 

14 U.S.C. 181 et seq.) is amended by inserting after section 

15 318, as added by section 414(a), the following: 

16 ‘‘SEC. 319. FIVE-YEAR RESEARCH AND DEVELOPMENT IN17 VESTMENT PLAN. 

18 ‘‘(a) DEFINITION.—In this section the term ‘Plan’ 

19 means the Five-year Research and Development Invest20 ment Plan developed under this section. 

21 ‘‘(b) IN GENERAL.—Acting through the Under Sec22 retary of Science and Technology, the Secretary shall de23 velop a Five-Year Research and Development Investment 

24 Plan that shall guide all expenditures by the Department 


emcdonald on DSK5VPTVN1PROD with BILLS
179 

•S 1546 IS

1 for basic, advanced, or applied research and technology de2 velopment activities. 

3 ‘‘(c) CONTENTS.—The Plan shall— 

4 ‘‘(1) set forth anticipated annual expenditures 

5 for each fiscal year from 2012 through 2017; 

6 ‘‘(2) set forth annual milestones and objectives 

7 that shall be— 

8 ‘‘(A) for all basic, advanced, applied re9 search and development; and 

10 ‘‘(B) aligned with the operational require11 ments of the Department, including the im12 provement and development of technologies 

13 to— 

14 ‘‘(i) combat chemical, biological, nu15 clear, and radiological and high-explosive 

16 terrorist attacks; 

17 ‘‘(ii) strengthen border and maritime 

18 security, cyber security, aviation security, 

19 transportation security, and response and 

20 recovery capabilities; and 

21 ‘‘(iii) address other needs as deter22 mined by the Secretary; and 

23 ‘‘(3) take into account the operational require24 ments of State and local governments. 

25 ‘‘(d) SUBMISSIONS OF THE PLAN AND UPDATES.— 


emcdonald on DSK5VPTVN1PROD with BILLS
180 

•S 1546 IS

1 ‘‘(1) INITIAL PLAN.—Not later than 180 days 

2 after the date of enactment of the Department of 

3 Homeland Security Authorization Act of 2011, the 

4 Secretary shall submit the Plan to the Committee on 

5 Homeland Security and Government Affairs of the 

6 Senate and the Committee on Homeland Security of 

7 the House of Representatives. 

8 ‘‘(2) ANNUAL UPDATES.—The Secretary shall 

9 submit an annual update of the Plan that sets forth 

10 each expenditure in the preceding fiscal year to the 

11 Committee on Homeland Security and Government 

12 Affairs of the Senate and the Committee on Home13 land Security of the House of Representatives. 

14 ‘‘SEC. 320. ESTABLISHING A TECHNOLOGY EVALUATION 

15 AND READINESS ASSESSMENT PROCESS. 

16 ‘‘Acting through the Under Secretary for Science and 

17 Technology, the Secretary shall establish a process for 

18 evaluating the readiness, performance, and suitability of 

19 any technologies or systems that the Department acquires 

20 or develops to carry out the missions of the Department. 

21 ‘‘SEC. 321. AVAILABILITY OF TESTING FACILITIES AND 

22 EQUIPMENT. 

23 ‘‘(a) AUTHORITY.—The Under Secretary for Science 

24 and Technology may make available to any person or enti25 ty, for an appropriate fee, the services of any center or 


emcdonald on DSK5VPTVN1PROD with BILLS
181 

•S 1546 IS

1 other testing facility owned and operated by the Depart2 ment for the testing of materials, equipment, models, com3 puter software, and other items designed to advance the 

4 homeland security mission. 

5 ‘‘(b) INTERFERENCE WITH FEDERAL PROGRAMS.— 

6 The Under Secretary for Science and Technology shall en7 sure that the testing of materials, equipment, models, 

8 computer software, or other items not owned by the Fed9 eral Government shall not cause personnel or other re10 sources of the Federal Government to be diverted from 

11 scheduled Federal Government tests or otherwise interfere 

12 with Federal Government mission requirements. 

13 ‘‘(c) CONFIDENTIALITY OF TEST RESULTS.—The re14 sults of tests performed with services made available under 

15 subsection (a) and any associated data provided by the 

16 person or entity for the conduct of the tests may not be 

17 disclosed outside the Federal Government without the con18 sent of the person or entity for whom the tests are per19 formed. 

20 ‘‘(d) USE OF FEES.—Any fee collected under sub21 section (a) shall be used to recoup the direct and indirect 

22 costs incurred by the Federal Government to provide for 

23 testing and any remaining funds shall be used by the Sec24 retary to support research and development activities 

25 within the Department.’’. 


emcdonald on DSK5VPTVN1PROD with BILLS
182 

•S 1546 IS

1 SEC. 704. NATIONAL ACADEMY OF SCIENCES REPORT. 

2 (a) DEFINITION.—In this section— 

3 (1) the term ‘‘2002 report’’ means the report 

4 prepared by the National Research Council entitled 

5 ‘‘Making the Nation Safer: The Role of Science and 

6 Technology in Countering Terrorism (2002)’’; and 

7 (2) the term ‘‘National Research Council’’ 

8 means the National Research Council of the Na9 tional Academy of Sciences. 

10 (b) AGREEMENT.—Not later than 90 days after the 

11 date of enactment of this Act, the Secretary shall enter 

12 into an agreement with the National Research Council to 

13 update the 2002 report. 

14 (c) CONTENTS OF REPORT.—The report described 

15 under subsection (b) shall— 

16 (1) update the 2002 report to assess progress 

17 made towards the recommendations in that report; 

18 and 

19 (2) make recommendations to guide the Federal 

20 government to strengthen and improve homeland se21 curity over the next decade. 

22 (d) SUBMISSION OF REPORT.—Not later than 1 year 

23 after the date of enactment of this Act, the National Re24 search Council shall submit the report described under 

25 subsection (b) to the Committee on Homeland Security 


emcdonald on DSK5VPTVN1PROD with BILLS
183 

•S 1546 IS

1 and Government Affairs of the Senate and the Committee 

2 on Homeland Security of the House of Representatives. 

3 (e) FORM OF REPORT.—The report submitted under 

4 subsection (d) shall be submitted in unclassified form, but 

5 may contain a classified annex. 

6 SEC. 705. DOMESTIC NUCLEAR DETECTION OFFICE. 

7 (a) MISSION.—Section 1902(a) of the Homeland Se8 curity Act of 2002 (6 U.S.C. 592(a)) is amended— 

9 (1) by striking paragraph (6); 

10 (2) by redesignating paragraphs (2) through 

11 (5) as paragraphs (3) through (6), respectively; 

12 (3) by inserting after paragraph (1) the fol13 lowing: 

14 ‘‘(2) coordinate strategic planning and invest15 ments, within the Department and with other Fed16 eral agencies and State and local governments— 

17 ‘‘(A) to detect and prevent illegal traf18 ficking in nuclear weapons-making materials or 

19 technologies; and 

20 ‘‘(B) to reduce the risk of a nuclear ter21 rorist attack;’’; and 

22 (4) in paragraph (8), by striking ‘‘government 

23 agencies’’ and inserting ‘‘Federal, State, and local 

24 entities’’. 


emcdonald on DSK5VPTVN1PROD with BILLS
184 

•S 1546 IS

1 (b) DOMESTIC NUCLEAR THREAT DETECTION AND

2 PREVENTION PLAN.—Title XIX of the Homeland Secu3 rity Act of 2002 (6 U.S.C. 591 et seq.) is amended by 

4 adding at the end the following: 

5 ‘‘SEC. 1908. DOMESTIC NUCLEAR THREAT DETECTION AND 

6 PREVENTION PLAN. 

7 ‘‘(a) IN GENERAL.—Not later than 270 days after 

8 the effective date of the Department of Homeland Security 

9 Authorization Act of 2011, the Secretary, acting through 

10 the Director of the Domestic Nuclear Detection Office, in 

11 coordination with relevant Federal agencies, as determined 

12 by the Secretary, shall develop a plan to integrate and 

13 strengthen the Nation’s capabilities to deter, detect, and 

14 prevent nuclear terrorist threats in the domestic portion 

15 of the global nuclear detection architecture within 10 

16 years. 

17 ‘‘(b) CONTENTS.—The plan developed under sub18 section (a) shall— 

19 ‘‘(1) set forth national strategic goals; 

20 ‘‘(2) set forth initiatives to integrate and 

21 strengthen the domestic portion of the global nuclear 

22 detection architecture; 

23 ‘‘(3) describe steps to monitor and assess the 

24 development and execution of the plan; 


emcdonald on DSK5VPTVN1PROD with BILLS
185 

•S 1546 IS

1 ‘‘(4) set forth the investments, expenditures, 

2 and schedules for the deployment of nuclear and ra3 diological detection equipment and countermeasures 

4 within the Department; 

5 ‘‘(5) assess the investments, expenditures, or 

6 deployments that the Department makes to substan7 tially reduce the illegal trafficking of nuclear weap8 ons making materials and to measurably reduce the 

9 risk of a nuclear terrorist attack occurring inside the 

10 United States; and 

11 ‘‘(6) set forth annual milestones and schedules 

12 for the deployment of advanced, commercially-avail13 able nuclear detection technologies and counter14 measures by the Department. 

15 ‘‘(c) CLASSIFIED INFORMATION.—The plan devel16 oped under subsection (a) shall be submitted in unclassi17 fied form, but may contain an unclassified annex. 

18 ‘‘(d) SUBMISSION OF PLAN.— 

19 ‘‘(1) INITIAL SUBMISSION.—Not later than 270 

20 days after the effective date of the Department of 

21 Homeland Security Authorization Act of 2011, the 

22 Secretary shall submit the plan developed under sub23 section (a) to the Committee on Homeland Security 

24 and Governmental Affairs of the Senate and the 


emcdonald on DSK5VPTVN1PROD with BILLS
186 

•S 1546 IS

1 Committee on Homeland Security of the House of 

2 Representatives. 

3 ‘‘(2) UPDATE.—Not later than 2 years after 

4 submitting the plan under paragraph (1), the Sec5 retary shall submit an update of the plan to the 

6 committees set forth in paragraph (1).’’. 

7 (c) CONTRACTING AUTHORITY.—Section 1906 of the 

8 Homeland Security Act of 2002 (6 U.S.C. 596) is amend9 ed by striking ‘‘paragraphs (6) and (7) of section 

10 1902(a)’’ each place it appears and inserting ‘‘section 

11 1902(a)(7)’’. 

12 (d) CLERICAL AMENDMENT.—The table of contents 

13 of the Homeland Security Act of 2002 (6 U.S.C. 101 note) 

14 is amended by adding after the item relating to section 

15 1907 the following: 

‘‘Sec. 1908. Domestic nuclear threat detection and prevention plan.’’. 

16 SEC. 706. FLEXIBLE PERSONNEL MANAGEMENT AT THE 

17 SCIENCE AND TECHNOLOGY DIRECTORATE. 

18 (a) DEFINITION.—In this subsection, the term ‘‘em19 ployee’’ has the meaning given that term under section 

20 2105 of title 5, United States Code. 

21 (b) AUTHORITY.—The Secretary may make appoint22 ments to a position described under paragraph (3) without 

23 regard to the provisions of subchapter I of chapter 33 of 

24 title 5, United States Code, other than sections 3303 and 

25 3328 of that title. 


emcdonald on DSK5VPTVN1PROD with BILLS
187 

•S 1546 IS

1 (c) POSITIONS.—This subsection applies with respect 

2 to any scientific or engineering position within the Science 

3 and Technology Directorate which requires an advanced 

4 degree. 

5 (d) LIMITATION.— 

6 (1) IN GENERAL.—Authority under this sub7 section may not, in any calendar year and with re8 spect to any laboratory, be exercised with respect to 

9 a number of positions greater than the number equal 

10 to 2 percent of the total number of positions within 

11 that laboratory that are filled as of the end of the 

12 most recent fiscal year before the start of that cal13 endar year. 

14 (2) FULL-TIME EQUIVALENT BASIS.—For pur15 poses of this paragraph, positions shall be counted 

16 on a full-time equivalent basis. 

17 (e) TERMINATION.—The authority to make appoint18 ments under this subsection shall terminate on January 

19 1, 2014. 

20 SEC. 707. TECHNICAL AND CONFORMING AMENDMENT. 

21 The table of contents in section 1(b) of the Homeland 

22 Security Act of 2002 (6 U.S.C. 101 et seq.) is amended 

23 by inserting after the item relating to section 318, as 

24 added by section 414(b), the following: 

‘‘Sec. 319. Five-year research and development investment plan. 


emcdonald on DSK5VPTVN1PROD with BILLS
188 

•S 1546 IS

‘‘Sec. 320. Establishing a technology evaluation and readiness assessment process. 

‘‘Sec. 321. Availability of testing facilities and equipment.’’. 

Æ 


emcdonald on DSK5VPTVN1PROD with BILLS